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Attorney: Keep paperwork simple on migrant workers

By SHELLY STRAUTZ-SPRINGBORN
Michigan Correspondent

 GRAND RAPIDS, Mich. — There’s a lot more to hiring migrant workers than just sending them to the field and paying for a day’s work.

Grand Rapids attorney Kimberley A. Clarke discussed issues in work authorization and enforcement with a group of fruit and vegetable growers during the Great Lakes Expo at DeVos Place in Grand Rapids last week.

Clarke grew up on a tomato and pepper farm. As an attorney with Varnum, Riddering, Schmidt and Howlett, Attorneys at Law, she focuses her practice on immigration matters, including nonimmigrant petitions and both employment- and family-based permanent residence applications.

She explained to attendees what they are expected to do when hiring migrant workers, including verification of identity and employment authorization through the I-9 process, which has been required by law since 1986. Clarke cautioned growers to pay attention to details when completing paperwork for newly hired workers.

“Commence the I-9 verification procedure post-hire only,” she said. “You can’t do it at the application period.”

Employers are required to complete Section 1 of the process on the first day of employment. Employees must be given three business days to supply documentation, and then complete Section 2 of the I-9.

“I recommend that employers try to do it all in the first day,” Clarke said.

She also warned participants not to request particular identity and employment authorization documents.

“What the employer is supposed to do is hand the list to your employee so they can select the documents they want to submit to you,” Clarke said.

Asking for specific verification documents could end in a visit from enforcement officials or discrimination lawsuit by a worker, she warned.

Clarke also discussed the employer’s responsibility to be diligent in identifying fraudulent documents. She showed the group visual examples of fraudulent Social Security cards and photo IDs and discussed some of the areas of these documents to examine closely. She pointed out correct format for each document and the need to look for consistent typeface and correct spellings of words.
She also cautioned employers to inspect photos, looking for extra thick cards that may indicate a photo had been laminated on top of an already existing photo.

“The photo document and the person should have a reasonable resemblance,” Clarke said. “When you’re completing paperwork on an employee, be careful to write down just what is required by law.”
She urged employers not to keep photocopies of verification documentation because it could be a detriment during a raid by authorities.

“Do not keep copies. It is not required by law,” she said.
She said the U.S. Immigration and Customs Enforcement (ICE) has “dramatically increased” worksite enforcement. “By handing them a copy, you’re giving up employee information to the federal government that is not required,” she explained. “Copies of documents contain information that can be used against you, such as nationality and gender.

“We’re seeing more and more enforcement activities. If your farm is the target of a raid, the most important thing to do is contact us first. Attorneys are objective – it’s not our farm that is being raided. We want to make sure we protect your operation by (advising you to supply) the information that is necessary, but not offering additional information.”

A raid, however, will not be postponed to await the arrival of legal counsel. Thus, Clarke urged employers to examine the search warrant to determine it was signed by the court, was properly served and what information is being sought. She also cautioned employers to be cooperative, provide only information that is requested to the extent consistent with the search warrant and record the actions of investigators, noting items seized.

12/17/2008