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Attorney discusses immigration law with dairy farmers

An attorney that specializes in immigration labor cases says farmers should be well prepared for possible on-farm immigration enforcement visits.

Immigration attorney Erich Straub says along with the responsibilities of proper record keeping, farmers need to know their rights when an ICE (Immigration & Customs Enforcement) agent shows up.  “You’re within your right to ask them to stay in your business office or in the front area where you’ve met them.  You don’t want to give them access to the farm unless they have a warrant that gives them access to the farm.”

Straub says having the agent wait in the office prevents injury to the agent, a breach of biosecurity protocols, and it also prevents questioning of other employees, who might also get arrested.  Straub tells Brownfield farmers also have some time before they have to grant access to I-9 documents during an audit.

Straub tells Brownfield farmers also have some time before they have to grant access to I-9 documents during an audit.  “You have 72 hours.  Call your attorney, and you do not have to respond to the I-9 audit for 72 hours.  You need to exercise that right.”

He also advises all businesses large and small to assign one person to manage all I-9 documents.

Straub says there is concern about changes under President Donald Trump, as Attorney General Jeff Sessions has leaned towards prosecuting immigration cases as criminal cases and not civil cases… making the penalties much more serious.

Straub discussed rural labor issues with about twenty members of the Professional Dairy Producers of Wisconsin during a Lunch ‘N Learn event in Eau Claire, Wisconsin Tuesday.  

Erich Straub with Brownfield’s Larry Lee

 

 

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