UPDATE: FELS has received unconfirmed reports of ICE activity in other counties. FELS will update this post if more information becomes available.

Reports surfaced in both mainstream media and social media on January 7 of immigration enforcement activity in Kern County, concentrated around the city of Bakersfield. Scattered reports indicated immigration authorities (variously identified Immigration and Customs Enforcement or Border Patrol) were conducting traffic stops, “stop-and-question” activities in convenience stores and big-box store parking lots and similar activities. Bakersfield Police were notified by Border Patrol of upcoming activities in the city this week, but did not participate. Several establishment media outlets reported contacting Border Patrol for information about the activities, and receiving no response to their inquiries.

Ag employers should be prepared to do what they can to address employees’ likely concerns in the wake of saturation media reporting that can cause stress for employees and their families.

Employers can also remind employees to always ask for proper information when approached by anyone claiming to be a law enforcement officer. Border Patrol and other enforcement agencies have acknowledged that scammers sometimes pose as Border Patrol or ICE agents, offer money for information, threaten legal action or demand personal information from their victims. The presence of enforcement agencies in the community could increase the vulnerability of people to this sort of scam.

Employers should be aware of the risk of referring specific employees to immigration service providers because of the inference that could be drawn that you may have knowledge of an employee’s lack of legal status. Do not provide financial assistance to specific employees to pay immigration service providers. Many (if not most) reputable providers will furnish services free of charge. Taking the further step of aiding a particular employee could lead to serious potential penalties beyond knowingly employing an unauthorized person.

You may also favorably consider requests from employees for leaves of absence for “personal reasons” to deal with matters arising of this situation.

Instruct employees and supervisors to refer inquiries from ICE or Border Patrol agents to the management representative responsible for compliance on immigration and employment-related matters. Be certain employees understand your policies for managing visitors to your worksite and encourage employees to notify supervisors if they see non-employees lingering nearby. Remind them to politely but firmly request proper identification and photograph business cards or badges.

Remember that while you cannot knowingly employ someone who is not work-authorized, you cannot discriminate against anyone on the basis of someone nationality, citizenship status, or that of their family or friends. If employees call in “sick” do not assume they are doing so due to their citizenship status; fear of misidentification is rife at the present time. If officers lawfully enter your premises and ask for a specific employee, consider having that employee come to the office to avoid undue disruption of your operations. Remember, the fact that one of your employees is questioned or detained by ICE or Border Patrol is not definitive evidence of their citizenship or immigration status. Use caution to avoid discriminatory conduct.

The California Farmworker Foundation, is a non-partisan, non-union-affiliated organization providing services and information to the agricultural employee community in Kern and the surrounding counties. They have published to their website Community Resources: Immigration Support Services with information about community organizations that can assist agricultural employees with immigration matters and guidance about employees’ immigration-related rights and how to properly assert those rights.

CFF provides important support to the agricultural employee community and FELS encourages you to share these resources with your employees and to support CFF’s activities.

Concerned about maintaining a stable and available workforce for your farming operations? FELS has entered a strategic partnership with wafla, one of the country’s premier H-2A program providers and a membership-based organization similar to FELS’ parent organization, California Farm Bureau. You can learn more at Labor Stability with FELS+wafla (FELS Newsletter subscriber-exclusive content)