Western Growers has received reports of immigration enforcement activity in the Fresno and Madera areas, as well as on the Central Coast, including requests to enter agricultural property and encounters involving farmworkers traveling to work.
One account described agents making repeated requests to a landowner for access to a farm. A labor contractor reported that three workers were detained following a vehicle stop in Fresno. The contractor also described an encounter at a Madera ranch where workers remained inside locked vehicles while agents questioned them through the windows about their immigration status. According to that account, the agents eventually departed.
Western Growers has not independently verified these accounts, and the circumstances surrounding the reported stops, detentions and requests for access remain unclear. They nevertheless highlight the need for agricultural employers to prepare before agents arrive.
An enforcement encounter can unfold quickly. Receptionists, field supervisors, crew leaders and farm labor contractors should know whom to contact and how to respond.
What Employers Should Do Now
- Designate a response team. Identify a primary contact and backup authorized to communicate with agents. Keep legal counsel’s contact information readily available and coordinate the plan with labor contractors.
- Ask for identification and review the paperwork. Request agents’ names, agency identification and copies of any warrant, subpoena or inspection notice. An ICE administrative warrant is different from a judicial warrant and generally does not authorize nonconsensual entry into private workplace areas. Have counsel promptly review the document and its scope.
- Address property access in advance. Train staff to refer access requests to the designated contact rather than casually inviting agents into restricted areas. Review your operation’s offices, packing facilities, fields and access roads with counsel. Private ownership alone does not resolve every access question, and federal law provides specific authority to enter certain private lands near the border for border patrol purposes.
- Stay calm and document the encounter. Do not physically obstruct agents, conceal workers, provide false information or destroy records. Record what agents request, what documents they present and what actions they take. Preserve relevant security footage.
- Know the deadlines for an I-9 inspection. A Notice of Inspection generally gives employers at least three business days to produce requested Forms I-9. California employers must also provide the required employee and union notices within 72 hours of receiving the inspection notice. Additional notification duties apply to inspection results affecting employees. Contact counsel immediately so neither deadline is missed.
- Review records and employee communications now. Conduct a counsel-guided I-9 review, correct errors properly and train supervisors to share verified information.
Employers should rehearse their response before an encounter occurs. A written plan is useful only if the people answering the door or supervising the crew know how to follow it.