Dairy Today s Elite Producer Business Conference. Ryan Miltner. November 6, 2012 Bellagio, Las Vegas, NV

Similar documents
IMMIGRATION UPDATE FOR DAIRY PRODUCERS

Immigration and Farm Labor: Policy Options and Consequences

Immigration and Customs Enforcement Worksite Raids and Inspections

I-9 Audits and Workers Rights. Weinberg, Roger & Rosenfeld Monica Guizar, Attorney

IMAGE. ICE Mutual Agreement between Government and Employers

Labor Issues Facing the Florida Citrus Industry

Immigration-Related Worksite Enforcement: Performance Measures

Executive Actions Relating to Immigration

Regarding H.R. 1645, the Security Through Regularized Immigration and a Vibrant Economy Act of 2007 (STRIVE Act)

Corporate Counsel June 21, 2018

Immigrant Integration and Local Communities In the United States

Hospitality Immigration. Making Sure You Aren't Stuck Between a Rock and a Hard Place

Immigration Compliance

If you are a State candidate, please indicate your State Registration Number:

Immigration Reform - Possibilities in 2018

The Benefits and Risks of the H-2A Program

Immigration-Related Worksite Enforcement: Performance Measures

I-9 Employment Eligibility Verification & Employer Compliance in an Era of Heightened Worksite Enforcement

MAJOR RECENT DEVELOPMENTS IN IMMIGRATION IN IMMIGRATION

Immigration-Related Worksite Enforcement: Performance Measures

23 illegal alien workers for The Sun Valley Group arrested in. Enforcement action at Arcata flower grower is part of ongoing ICE investigation

Ellen Freeman. Partner

I-9 Verification Process & Compliance

Immigration 101. USCIS overview. AIFC Prescott, Arizona

California Labor Environment and H-2A. Presented by: Carlos Castañeda

E-Verify, I-9 Compliance and Worksite Enforcement: An Essential Primer for All Employers

Immigration Reform and Agriculture. Peter Feather USDA, Office of the Chief Economist

NAVIGATE THE I-9 RULES LIKE A VIKING TO AVOID SINKING YOUR BUSINESS IN LAWSUITS AND PENALTIES

1/20/2014. Overview. Immigration Reform in 2014? Senate versus House. Interior Enforcement. Border Security

Immigrants and Communities in Texas

March 14, To Members of the Georgia Congressional Delegation,

Immigration Relief. Elite Dairy Producer Business Conference Las Vegas, NV

ST. FRANCES CABRINI CENTER FOR IMMIGRANT LEGAL ASSISTANCE Presenter: Wafa Abdin, Esq.

Compliance Issues When Employing Foreign National Employees or Contractors. Immigration Compliance Agenda

BNA Workplace Immigration Report. Executive Action Likely to Impact Employers Of Less-Skilled Workers, Practitioners Say. By Laura D.

AUTHORIZATIONS AND APPROPRIATIONS HOW THEY WORK

Deportations and Detentions

State Refugee Resettlement Bills Tennessee Senate Bill 1325 (2013)

Immigration Tsunami: Understanding the Tidal Wave of Compliance When Hiring Foreign Nationals. Wendy Padilla-Madden

Managing the Dynamic S&E Labor Market Lindsay Lowell and Philip Martin July 23, 2012

Developments in Immigration Policies Affecting Employers. I-9 Compliance. The law:

New Form I-9 & Update on Government Enforcement of Employment Eligibility Verification Requirements

PRESS KIT FOR IMMEDIATE RELEASE

No More Border Walls! Critical Analysis of the Costs and Impacts of U.S. Immigration Enforcement Policy Since IRCA

IMMIGRATION COMPLIANCE ISSUES

Shortfalls of the 1996 Immigration Reform Legislation. Statement of Mark Krikorian Executive Director Center for Immigration Studies

Unauthorized Employment in the United States: Issues, Options, and Legislation

Backlogs in Immigration Processing Persist

Are Your Clients in Compliance?

Immigration Enforcement Benchmarks

Background Checks and Ban the Box Legislation. November 8, 2017

LOBBYIST DISCLOSURE REPORT

Hearing on Agricultural Labor: From H-2A to a Workable Agricultural Guestworker Program

AUGUST Introduction:

GLOSSARY OF IMMIGRATION POLICY

Homeland Security Investigations (HSI)

Immigration & Farm Labor 2017

The Legal Workforce Act 1 Section-by-Section

U.S. Immigration Policy

Background on the Trump Administration Executive Orders on Immigration

USCIS Update Dec. 11, 2008

The 2011 Hospitality Law Conference. Hospitality Immigration Compliance: Making Sure You Aren't Stuck Between a Rock and a Hard Place

Employment Authorization Hot Issues: ICE Subpoenas, Discrimination Claims, The New Form I 9, and E Verify

Sheriff Survey. 3. If you knew an agency of the Federal Government was abusing citizens in your

Is the I9 form you are using in Compliance?

Know your rights. as an immigrant

The Third Way Culture Project. A Heck of a Job on Immigration Enforcement

Freedom of Information Act Request: Mobile Biometric Devices and Applications

Lawbreaker, Naïf or Stooge? The HR Representative and I-9 Crimes

USCIS Verification Division. Employment Eligibility Verification/Basic Pilot Program

CITY OF ALPHARETTA BUSINESS LICENSE APPLICATION

HARVARD IMMIGRATION & REFUGEE CLINIC of HARVARD LAW SCHOOL 6 Everett Street Wasserstein Hall 3106 Cambridge, Massachusetts 02138

H-2A and H-2B Temporary Worker Visas: Policy and Related Issues

Washington Update. Chuck Conner November 2017 NATIONAL COUNCIL OF FARMER COOPERATIVES

Trump, Populism and the Economy

THE PERM BOOK Edition THE BASICS OF LABOR CERTIFICATION UNDER PERM WHAT YOU NEED TO KNOW BEFORE YOU START

The DHS NO Match Rule: Are We There Yet? Remind Me Where We Were Heading

July 21, :00 AM

THE TARRANCE GROUP. BRIEFING MEMORANDUM To: Interested Parties. From: Ed Goeas and Brian Nienaber. Date: November 7, 2006

Kevin Lashus FisherBroyles, LLP Austin, TX. Copyright FisherBroyles, LLP

NATIONAL VOTER SURVEY. November 30 December 3, 2017 N = 1,200 respondents (1/3 Landline, 1/3 Cell, 1/3 Internet) margin of error: +/- 2.

NCAE 2017/18 Ag Employer Federal Issues Update. Frank Gasperini President & CEO NCAE

HOT TOPICS IN IMMIGRATION

Analysis of Recent Anti-Immigrant Legislation in Oklahoma *

A Civil Rights Lawyer Explains Why Obama's Immigration Order Is an Even Bigger Deal Than It Seems

STATE OMNIBUS BILLS AND LAWS January 1 June 30, 2011

A New Vision for the Border

I 9s, ICE Raids, and Immigration: What HR Needs to Know. Presented by. Brett Holubeck

Know Your Rights! How to Protect Yourself in Case of an Immigration Raid

The US Immigrant Rights Movement (2004-ongoing)

ALI-ABA Course of Study Immigration Law: Basics and More

Immigration Spotlight

DRAFT. Monthly data collected by the Census Bureau through May 2008 shows a significant decline in the number. Backgrounder

What is US-VISIT? United States Visitor and Immigrant Status Indicator Technology (US-VISIT) Biometric Services

Immigration Tsunami: Understanding the Tidal Wave of Compliance When Hiring Foreign Nationals

MEMORANDUM. Joel Nelsen, President California Citrus Mutual. FROM: Lauren M. Noland-Hajik Kahn, Soares & Conway, LLP. DATE: November 29, 2017

June 13, Harm to Workers, Employers, and Their Ohio Communities

Solidarity Resources

Current Issues in Immigrant Health

Human Trafficking in the Agricultural Industry: Prevalence and Risk Factors. By: Mónica Ramírez

Transcription:

Dairy Today s Elite Producer Business Conference Ryan Miltner November 6, 2012 Bellagio, Las Vegas, NV

While Ryan Miltner is an attorney, the comments in this presentation were prepared to provide information of a general nature to the attendees of the Elite Producer Business Conference. The circumstances of any individual or business are unique. The information in this presentation is not legal advice and should not be regarded as such.

Practicing lawyer for ten years. Began working with dairy farmers right out of law school. Practice heavily focused on federal regulation of the dairy industry. Matters involving USDA, FDA, Congress, DHS.

Not a pure policy attorney. Not a pure immigration practitioner. I would consider myself a dairy lawyer, which necessarily means that I deal with immigration and how it affects producers. Hiring Compliance Visa Issues Policy Lobbying and Monitoring

Several major immigration reform bills were introduced in Congress earlier this summer, and President George W. Bush has said recently that he expects to see action on the topic when he and the Congress return to Washington in September. Pew Research Center, August 16, 2005

Two broad sets of policy challenges: Determining the status of the estimated 11 million persons, most of them Latinos, who currently live in the country without authorization. Managing future migration flows.

So, what happened? There was no two-pronged effort to address immigration. Instead, there were calls for enforcement, leading to rallies and protests.

The result: immigration legislation becomes radioactive. The federal government responds by raiding employers, including dairies.

Under President Bush, enforcement comes in the form of workplace raids. Immigration raid devastates Ga. Town: Half of workforce lost; businesses at virtual standstill, Boston Globe, Sept. 16, 2006. Immigration raid linked to ID theft, Chertoff Says, USA Today, Dec. 13, 2006. Raid at ND dairy by immigration sparks dispute. Dakota Farmer, May 2007.

Under the Obama Administration, ICE shifted its enforcement strategy from formal raids on employers to audits of I-9 documents. Is this better? The eight restaurants, four in San Antonio, two in Austin and two in Dallas, closed Friday as the company deals with what is known as an I-9 audit... Several vital employees have chosen not to report to work, the company announced in a prepared statement. This has affected our ability to provide our expected level of service to guests. ICE Audit Closes Sushi Zushi Restaurants, mysanantonio.com, July 27, 2012.

ICE Representative: Auditing work-site compliance is meant to get at the "root cause" of illegal immigration. Homeland Security: "substantially reduces the incentive for aliens to enter the United States illegally.

Year Audits Orders Fines Average Fine 2009 1,444 52 $1.03 M $19,808 2010 2,196 237 $6.96M $29,367 2011 2,496 385 $10.4 M $27,012

2012 probably fewer audits than in 2011 State laws Limited resources Not a priority, politically Cycling through industries and sectors Election year

Little to no movement on legislation Decreased audit activity Economic strengthening making hiring more difficult in some areas Eddy County, NM (3.6%), Chavez County, NM (3.8%) Mercer County, OH (4.2%) Lancaster County, PA (6.2%) But, Tulare County, CA (14.7%)

Producers and the industry are struggling to secure a stable workforce: Training centers Active recruitment in partnership with government Producers changing operations Robotic Milking Getting out of dairy Still waiting on reform Wildcard: State Laws

Audited dairy is not facing any fines or charges, despite the large number of workers found to have invalid documents. ( 100 employees, 1/3 of the workforce). The audit found records were very complete the problem was with the documents she'd been given.

Dairy Producers are still in a difficult position: A whopping 89 percent of staffers there were not authorized to work in the U.S. -- but only the employees have been charged with a crime, while the business owner is being credited with aiding law enforcement. A routine inspection of the dairy... by [DHS] turned up twenty workers suspected of using forged social security and alien-registration cards to get a job.

Ryan Miltner The Miltner Law Firm, LLC (866) 740-5219 ryan@miltnerlawfirm.com