Immigration officials target Vermont farms Written By Administrator Friday, November 20, 2009 Bakersfield dairy among those being audited By LISA RATHKE Associated Press Writer with Messenger reports MONTPELIER, Vt.— Federal immigration officials are cracking down on Vermont dairy farmers as part of a national effort, asking them to provide records to prove their workers are legal.     Kelly Loftus, a spokeswoman for the state Agency of Agriculture, said immigration officials visited four farms on Thursday.     In an ‘‘emergency notice to all dairy farmers in the northeast,’’ a Vermont group called Dairy Farmers Working Together said that up to 100 Vermont dairy farmers have been served with subpoenas seeking payroll records from November 2008 to November 2009.     Loftus said the move creates another level of anxiety and stress for the state’s dairy farmers, many of who are already suffering financially because of low milk prices.     The name of just one Franklin County farm visited by federal immigration officials has become known. Clement Gervais, of the Gervais Family Farm in Bakersfield, on Thursday acknowledged the visit in an interview with WCAX television.     The farm, with a herd of nearly 1,000 dairy cows, includes in its operation a Central Vermont Public Service Cow Power plant. It is co-owned by Gervais, his parents, Robert and Gisele Gervais, and Clement’s brothers, Charles Sr., Larry, and Paul.     Less than 10 Mexican laborers work on the farm, which employs 22 people.       In Washington, Homeland Security officials described the effort as one aimed at encouraging businesses to use an electronic program to check workers’ immigration status. The department’s Immigration and Customs Enforcement (ICE) agency plans to audit the hiring records of about 1,000 employers nationwide.     "ICE is focused on finding and penalizing employers who believe they can unfairly get ahead by cultivating illegal workplaces," said ICE Assistant Secretary John Morton in an agency press release. "We are increasing criminal and civil enforcement of immigration-related employment laws and imposing smart, tough employer sanctions to even the playing field for employers who play by the rules."     The audits are based on investigations and intelligence and include some businesses connected to public safety and national security, ICE said.     “Protecting employment opportunities for the nation's lawful workforce and targeting employers who knowingly employ an illegal workforce are major ICE priorities, for which ICE employs all available civil and administrative tools, including audits. Audits may result in civil penalties and lay the groundwork for criminal prosecution of employers who knowingly violate the law,” said ICE.    However, dairy farmers in Vermont and elsewhere have turned to imported help because of the difficulty of hiring people locally to do the work.     U.S. Sen. Patrick Leahy said the crackdown was poorly timed.     ‘‘I’m disappointed that this comes amid a crisis in dairy prices and at the start of the holiday season,’’ said Leahy, D-Vt. ‘‘We have a broken system that does not work well for anyone, and especially for dairy farmers and the workers they need to keep their farms running. This is all the more evidence that we need workable reform of the agriculture visa system, and it can’t come soon enough.’’     The announcement from Dairy Farmers Working Together recommended that dairy farmers affected by the crackdown call the state Agency of Agriculture for assistance from an immigration attorney.     An e-mail providing recommendations from DFWT stated the following:     “Here is what you can do if this happens at your farm:     “Be cordial and polite to officers, verify their legal documents and ask questions. Call Louis Waterman of the Agency of Agriculture of Vermont at 802-373-3352 and provide her with your name and phone number if you wish to be assisted by an Immigration Attorney and included in a request for an extension in answering to the subpoena.     “You will be notified of the next step.  This will help as we organize a meeting and gather information to go forward.”     DFWT added that farmers contacted by ICE should call a member of Vermont’s Congressional delegation (contact numbers are at the end of this article).     DFWT’s e-mail added that farmers should tell their elected representatives “how this effects your dairy operation and your family as we struggle to make it through the worst dairy crisis ever.”     ICE audits involve a comprehensive review of Form I-9s, which employers are required to complete and retain for each individual hired in the United States. I-9 forms require employers to review and record each individual's identity and work eligibility document or documents and determine whether they reasonably appear to be genuine and related to that specific individual.     As the result of audit performed since April, ICE has announced it intends to collect more than $15 million in fines from those it found had violated the law, as opposed to $2.3 million in notices of intent in all of 2008.  Nearly $800,000 in fines already have been ordered as compared with just under $200,000 for the same period last year. --  --  -- Farmers may contact their congressional delegates at: Sen. Patrick Leahy's office, 1-800-642-3193; Sen. Bernie Sanders’ office, 1-800-339-9834; and Rep. Peter Welch’s office, 1-888-605-7270.

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