Department of Homeland Security Releases Immigration Memos

By: Jacquelyn Larson

On Monday, Department of Homeland Security (“DHS”) Secretary John Kelly issued two memos regarding implementation of President Trump’s illegal immigration policies. The memos outline DHS’s priorities and plans for addressing illegal immigration.
In the first memo, “Enforcement of the Immigration Laws to Serve the National Interest,” Secretary Kelly directs ICE to hire an additional 10,000 officers and agents. The memo prioritizes the removal of specific classes of removable aliens, particularly in seven categories including aliens who have been charged with or committed criminal acts or who have abused public benefits programs. The memo also states the intent to expand two programs: the ICE Criminal Alien Program, which focuses on the removal of incarcerated aliens, and the INA 287(g) Program, which allows state or local law enforcement officers to be effectively deputized with the authority and duties of immigration officers.
In the second memo, “Implementing the President’s Border Security and Immigration Enforcement Improvement Policies,” Secretary Kelly narrowed the DHS policy regarding detention and release of aliens, directing that releases from detention should only be permitted when the alien is being removed from the United States or when expressly required by the law. Secretary Kelly also directs the hiring of 5,000 additional Border Patrol agents and 500 Air & Marine Agents/Officers. This memo specifically focuses on the United States’ border with Mexico, and directs implementation of the President’s orders to identify and quantify all sources of aid to Mexico, commission a study of border security, and begin planning construction of a wall. Finally, the memo prioritizes criminal prosecutions for immigration offenses committed at the border, and directs expanding detention capabilities and capacities along the southern border.
The memos do not contain the more extreme language previously rumored, such as deputizing the National Guard. Further, it will be up to the agencies mentioned to put these new priorities into action, so changes will not be immediate.

2.21.17 Department of Homeland Security Releases Immigration Memos

These memos will only add to the current fears of many employees. Employers should be talking with their employees about these new immigration policies and importantly stressing that employers will be defending their company’s I-9 processes internally, which will build trust with the employees. Employers should also be aware that these policy shifts are likely to affect California’s labor shortage. Notably, however, none of these policies appear to target employers or the workplace.
Stay tuned for The Saqui Law Group’s I-9s in a Nutshell and What to Do When ICE Shows Up seminars coming soon. If you have any other questions about the current immigration enforcement climate, do not hesitate to contact the experts at The Saqui Law Group.

Welcome to WAPA

Governor Signs Ag Overtime Bill

Ignoring the pleas of real farmworkers and the agricultural industry, Governor Edmund G. Brown Jr. today signed AB 1066, the ag overtime legislation. This means that California will have the most stringent trigger of any state in the country for overtime for farmworkers, with 45 states having no overtime protection at all. The Governor signed this bill, supposedly to bring “equality to all workers”, yet taxi cab drivers, commercial fishermen, car salesmen, student nurses, computer programmers, and carnival workers all work without any overtime provisions whatsoever. The Governor signed this ag overtime bill in the same year that minimum wage legislation was also passed that will take California to the highest minimum wage as well as legislation forcing California to adopt additional greenhouse gas regulations for businesses in California. California is the only state in the country subject to such regulations. Today’s signing occurred despite numerous requests by the agricultural industry to meet with the Governor to discuss our concerns. The message is clear. California simply doesn’t care. These provisions will be phased in over the next few years ending with the overtime provisions to be triggered at 8 hours per day and 40 hours per week.

In the Beginning As folks transitioned out of cotton and into tree nuts, the industry recognized the need to have active and effective representation at the local, state and national levels. Having enjoyed such effective representation over the years from the California Cotton Ginners and Growers Associations, these folks yearned for the same representation in the tree nut processing industry. Issues such as air quality, food safety, labor, taxes, employee safety, and environmental concerns are at the forefront, and there is a significant need for an aggressive and dynamic Association to lead the industry into the next decade and beyond. In recognition of this, the Western Agricultural Processors Association was created in 2009. The Western Agricultural Processors Association (WAPA) shares staff and office space with the California Cotton Ginners and Growers Associations taking advantage of a unique and opportunistic situation. WAPA is a voluntary dues organization with four shared staff and one dedicated staff person. Regulatory, legislative and legal issues fall under the purview of this new organization for the tree nut processing industry, which includes almonds, pecans, pistachios and walnuts. From air quality permits to conditional use permits, from regulatory hearings on greenhouse gases to federal legislation on food safety, and from OSHA violations to assisting members on hazardous materials business plans, no issue is too small or too large for WAPA. WAPA has assembled one of the best and most capable staffs in the industry, and the results are already starting to show Membership The Western Agricultural Processors Association represents facilities involved in the processing of almonds, pecans, pistachios and walnuts.Membership in the Association is classified as Regular memberships are limited to almond hullers or processors, pecan and pistachio processors, and walnut dehydrators and processors. Associate memberships are limited to any individual or business entity which is not engaged in agricultural processing, but which provides products or services directly related to the agricultural processing industry. WAPA Associate members include, but are not limited to, commodity brokers, accounting firms, and insurance brokers. Organization The Western Agricultural Processors Association is governed by a Board of Directors, elected by its membership.The Board consists of up to 15 members from throughout the state, and throughout the industry.The Board meets on a quarterly basis and conducts an Annual Meeting in the spring of each year.WAPA, in conjunction with the California Cotton Ginners and Growers Associations, conducts a special training school for its members focused on safety.In combination with the school, the Association holds a Labor Management Seminar for all of the managers. Consulting Services In researching and considering the concept of forming a new organization, the Boards of Directors for the California Cotton Ginners and Growers Associations instructed staff to perform some of the work on a consulting basis first. The point was to determine the workload from consulting and to determine if there was sufficient interest. In November of 2007, the Association began conducting services under consulting contracts for such services as air quality permits and safety plans.The effort has been so successful that demand has progressed outside the tree nut industry into other agricultural processing facilities, including vegetable dehydration facilities, tomato processing facilities, and wheat mills, as well as cotton gins in Arizona.It was determined by the new Board of Directors of WAPA, that WAPA would maintain the consulting services to provide offsetting income to help with the expenses of getting the new organization up and running.Today, WAPA provides for a long list of satisfied clients in the agricultural processing industry, by providing critical services such as air quality, safety, food safety, and environmental issues (Hazardous Materials Business Plan, Spill Prevention Control and Countermeasure Plans, etc.).