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2017 CJ Lake Memo on recent Executive Orders

Thank you to CJ Lake LLC for putting together this Memo for summaries of the recent Executive Orders and general guidance. As they write, employers are always well served by:

  • Establishing careful and consistent practices for preparing Forms I-9 for new hires
  • Training your HR Staff on the requirements for the I-9 process
  • Using most current Forms
  • Preserving your documents
  • Conducting self-audits of those records

In the event of audits or raids, having proper documents and knowing one’s rights and duties offer the best protection for the agricultural employer.

We will continue to track the changes that may affect Ag Employers in the future.

Memo: 2017 – CJ Lake – Executive Actions Relating to Immigration

Discount Membership with AgriSafe if you use code by 2/28/2017

NCAE allied member, AgriSafe is offering all NCAE Members a discounted membership through 2/28/2017 with the code: NCAE2017. To join visit: agrisafe.org/become-a-member and enter the code.

The AgriSafe Network membership includes access to a wide range of agricultural health and safety resources and trainings.

All Membership Level Benefits include:

  • On-demand Webinars
  • Member Only Webinars
  • Technical Support
  • Networking Opportunities
  • Resources
  • Screening Protocols

AgriSafe has provided a special membership option and Member information for NCAE members which you can find here.

Department of State Memos and Executive Orders regarding Immigration

DHS Secretary Kelly has issued an order that emphasizes enforcement and increases resources for enforcement. The new order, prioritizes removing not only those undocumented immigrants who are charged with a crime or in jails, but also the removal of undocumented immigrants who have “abused” public benefits, misrepresented themselves or “in the judgment of an immigration officer, otherwise pose a risk to public safety or national security.”   Additionally, DHS will hire 10,000 new immigration officers and potential reversal of a number of Obama administration policies. Under this and previous orders, virtually every agricultural worker who is working under false documents is probably “removable” and the language relative to employers is not encouraging. The language in the order suggests more and faster deportation of those caught up in audits. With the planned addition of more ICE agents and enforcement resources, instructions to DHS to use every opportunity to promote implementation of e-verify, and reference to use of all the I-9 powers of ICE “to assess and collect all fees and penalties” including from those who facilitate their unlawful presence in the US— we expect to see increased emphasis on workplace I-9 audits and penalties. We (NCAE and other agricultural organizations) are even more concerned about the stability of the ag workforce in light of these orders.

Orders from DHS (2):

(1) Enforcement of the Immigration Laws to Serve the National Interest

(2) Implementing the President’s Border Security and Immigration Enforcement Improvements Policies

DHS Overview of Executive Order on Interior Enforcement of Immigration Laws (Issued 1/25/17): 2017 DHS Overview of Trump Executive Order on Interior Enforcement of Immigration Laws

Executive Order issues 1/25/17: Executive Order on Enhancing Public Safety in the Interior of the U.S.