There have been recent reports of increased U.S. Immigration and Customs Enforcement (ICE) and Customs and Border Patrol activity across the country and in Virginia. Agricultural employers are encouraged to act immediately to ensure your farm and employees are as prepared as possible for any immigration enforcement.

Employers who fail to comply with U.S. immigration laws and regulations may face fines, including I-9 violations up to $2,789 per form and undocumented worker violations up to $27,894 per worker. Employers could also face criminal charges and, if convicted, up to 10 years in prison and fines up to $250,000 for actions considered “harboring” or concealing undocumented workers

As you prepare, please consider the following resources:

• Cornell University has several resources from their Ag Workforce Central. As part of the Ag Workforce Central Office Hour on January 9, 2025, Cornell hosted attorney Michael Sciotti from the law firm Barclay Damon LLP to discuss how employers can get into I-9 compliance and prepare for enforcement actions. Find the video and the presentation with links to resources at Ag Workforce Central.
• The Fisher Phillips law firm has developed a helpful resource here: Incoming Border Czar Signals Heightened Immigration Enforcement: 5 Steps for Employers to Prepare for Anticipated Raids and Deportations.
• Employers should have a list of all employees’ emergency contacts they can inform if the employee is detained or arrested. Likewise, all employees should have a farm contact so they can inform if they are detained or arrested by ICE.
• The Virginia State Bar offers a referral service to connect you with a lawyer, if you do not have one.

The National Employment Law Project is an employee-centric organization that has also published guidance for employers and employees in “Employer Guide: What to Do If Immigration Comes to Your Workplace,” available in multiple languages.

Please take time to review the resources above and speak with your legal counsel to ensure you are complying with immigration and labor laws, appropriately train employees, and have a response plan in the event of an ICE audit or raid.