Agricultural Personnel Management Program
University of California

7/12/00 News Report -- Stockton Record

Rows of farm-labor contractors sat quietly Tuesday in a Stockton classroom as immigration officials told them how to spot fake green cards. How they can use their modems to dial up a bulletin board and instantly find out if an employee is authorized to work. How they can seek out legal employees via a countywide employment Web site.

Later, however, the contractors said they didn't understand much of the morning presentation, because it was spoken in English. Those who did understand said the audience wasn't the techie kind of crowd with access to or knowledge of computers.

So many of the 60 business owners sat through a two-hour computer show only for the manila envelope handed out at the end: individual results of a surprise audit by the Immigration and Naturalization Service.

INS spokeswoman Sharon Rummery said the three-month-long audit targeted 72 agriculture-related businesses in San Joaquin County. Of those, 71 had illegal hires or had filed erroneous I-9 applications, the forms job applicants complete to verify that they can work legally. The poor results didn't surprise the INS.

"(Agriculture) is an industry where we frequently see hiring of undocumented workers but not necessarily knowingly," Rummery said.

Rummery said this was the first time the federal agency has conducted an employer seminar specifically for farm-labor contractors. In the past, officials have visited work sites and focused more on arresting illegal immigrants rather than pushing farm-labor contractors to handle the situation.

The goal, she said, is to form a relationship between the contractors and the INS. The ultimate goal is stop the "exploitation of alien smuggling."

But Eduardo Araya, a bookkeeper for several contractors, said some of those who received the worst audits will probably have no choice but to fire the illegal workers, hire more and take their chances on the next audit.

He said this is the first major audit he's seen in 10 years.

"This is a problem they'll never solve in my lifetime or yours," Araya said. "Nobody who's legal wants to work in the fields, and (the INS) knows it."

'It's confusing'

Ramon Ramirez owns Ramirez Farm Labor in Stockton. His audit questions the legality of nearly every employee he has hired since he started the business two years ago. But Ramirez, who speaks little English and didn't comprehend much of the presentation, said in Spanish that he had no idea whether the results were good or bad. He gave the packet to Araya and asked him for help.

It was same story for contractor Santiago Sierra. He showed a long list of employees apparently not authorized to work, then asked if it was good. "It's confusing," he said in Spanish. He left to find a translator.

Labor contractor Leticia Andrade said she's pleased with her audit results. Of 1,200 employees, only five came back as possibly undocumented. She's hoping it was just a paperwork error. "I'm happy with this," she said.

She said she safeguards herself by getting copies of employees' identification, just in case anyone says she didn't check it.

And checking the identification is all an employer is required to do.

"We don't expect you to be immigration officers," agent Mark Wagner said. "As long as everything's filled out correctly, that's all we can ask of you."

Anyone who incorrectly completes the I-9 can be fined $100 to $1,000. Anyone who knowingly hires an undocumented immigrant can be fined up to $2,000.

The contractors have 10 days after receiving the audits to fire questionable employees, present valid green-card numbers or find errors in paperwork, such as a surname that was left off or a change in marital status.

Green card versions

There have been many versions of what's known as the "green card," which is issued to noncitizens who can live and work legally in the United States.

The newest version of what the INS calls the alien registration card, issued since 1998, is rose-colored and plastic like a credit card. Among the security features are a digital photograph and fingerprint image, and a hologram depicting the Statue of Liberty, the letters "USA," an outline of the U.S. map and the INS seal.

An undocumented immigrant can buy a green card and a social security card on the street for about $75. Among the most obvious counterfeit signs are smudged thumbprints, and photographs that are cut out and glued on.

After INS officials explained how to inspect a green card, they pushed a program in which employers can log onto the Internet and, using free software, find out within minutes if an employee's green card is legitimate.

Computers not a solution

"Computers?" Araya said, with a laugh. "They barely read or write (English), and they want them to get high tech? It won't work that way."

Bookkeeper Sophia Galindo, who processes payroll for more than 30 contractors, agreed. "Most of them don't have the time to go into that. A lot of these people work from sunup to sundown and only temporarily."

"They're not going to take the time."

INS officials said that because of the language concerns raised at Tuesday's meeting, they may look into offering software in Spanish.