Idaho’s employers, workers brace for Trump immigration policies, deportations

Idaho’s businesses and potentially thousands of undocumented workers are preparing for a major shift once President-elect Donald Trump takes office in January.

Holland & Hart partners Chris Thomas and Dean Bennett hosted a presentation Thursday for employers to prepare themselves for more audits and more deportations, as promised by the former president for his second term.

Some of these increased actions could include Immigration and Customs Enforcement agents going undercover in the workforce.

“We’re preaching a philosophy of paranoia here, it’s time to assume every conversation is retrieved,” said Thomas, who focuses on immigration issues. “This is what they do, whether through infiltrated agents or people who have been threatened by deportations.”

Idaho has an estimated 35,000 undocumented immigrants, as of 2021, numbers included in a University of Idaho McClure Center report. Approximately 86% of those undocumented people are working, mostly in agriculture, hospitality and construction, the report said, and they are paying income, sales and other taxes while being ineligible for public assistance, such as food or Medicaid.

If the president-elect were able to carry out the mass deportations he has planned — which would involve many logistical obstacles — it could have a significant impact on several Idaho industries.

“If you remove the 30,000 unauthorized workers in Idaho, I mean, look at our unemployment numbers, there’s not workers waiting to take these jobs,” Rick Naerebout, CEO of the Idaho Dairymen’s Association, said of Idaho’s 3.7% unemployment rate as of October, according to the Idaho Department of Labor.

Around 5,000 of those workers are in the dairy industry, Naerebout said. Idaho’s dairy workforce is about 90% foreign-born, according to the association.

“This is far greater than just Idaho’s dairy industry that could be significantly damaged by mass deportations and mass removals,” he said.

Thomas told employers Thursday that increased audits of I-9 forms should be expected, ensuring all employees are authorized to work in the U.S. He also mentioned Trump’s stated intention to declare a state of emergency in order to be able to mobilize the U.S. military for the purpose of deportation.

Thomas also explained examples of agents claiming to be employees or workers who were undocumented, and disclosing their status to an employer to determine if they are knowingly employing someone who is undocumented.

“So here’s rule No. 1, if you have the weird conversation, please create exhibit A in your defense, and just say, ‘we did not know you were here unlawfully, and unfortunately, that means today’s your last day.’ ”

Bennett added that these conversations with employees could be difficult.

“It’s hard when you have an employee who’s been with you for 15 years, and maybe you realize something about it,” he said. “Realize this is for your individual protection and the company’s protections. And as much as you want to help someone who may have three kids to support, has nowhere else to get a job, it sounds bad, but yourself and the company probably come first.”

Naerebout said he’s been hearing some concern among the state’s immigrant workforce. Some, he said, are less concerned because similar rhetoric from Trump’s first term in office did not result in the sweeping changes he had discussed on the campaign trail.

“I think there’s also a fair number of them (migrant workers) that look at it with a grain of salt,” Naerebout said. “It’s going to be a mixed bag across the board, and at the end of the day, absolutely there’s more concern within the immigrant populations.”

Naerebout said his industry is more concerned about what might be attempted at the state level, with many Idaho lawmakers calling for stricter enforcement and decrying the employment of undocumented workers.

On Wednesday, Gov. Brad Little joined 25 other Republican governors in signing a statement in support of Trump’s proposed immigration and deportation policies, the Idaho Capital Sun reported.

The statement indicated that the state leaders were “ready to utilize every tool at our disposal — whether through state law enforcement or the National Guard — to support President Trump in this vital mission.”

Last session, there was legislation introduced in the Idaho Legislature that would create a new crime of illegally entering the state and allow local law enforcement to check immigration status of individuals. The bill largely mirrored a law in Texas that has been held up in court as it has been challenged, with opponents arguing that states do not have the authority to enforce immigration laws.

The bill passed the House and did not advance in the Senate.

There were other resolutions introduced in the Statehouse and one passed calling on the federal government to enhance border security and stop illegal immigration.

Many lawmakers have said all employers who hire undocumented workers should be held accountable, and accused those who do of exploiting these workers.

Naerebout said that, on the federal level, the dairy industry has long lobbied for access to a legal worker visa program — which other agricultural industries may use. Because work at dairies is not seasonal, producers may not use the H-2A temporary agricultural worker program, which provides an avenue for authorized workers from outside the U.S.

Idaho’s agriculture industry has increased use of the H-2A program 63% since 2016, according to the McClure Center report. The program requires U.S. residents be prioritized for hiring, the report states, and “the increase suggests authorized workers’ interest in seasonal agricultural positions is not growing with workforce needs.”

For employers, using a system such as E-Verify — a U.S. Department of Homeland Security system meant to determine eligibility to work in the U.S. — may not be enough to protect them from being criminalized for hiring undocumented workers, Thomas said.

“Everybody in government knows E-Verify is a joke, it’s not working,” he said.

Employers can get fined or face criminal penalties for having I-9 forms that are not in compliance and, in some cases, accepting fabricated documentation even if it appeared authentic.

The use of contractors through staffing agencies can also create liability for employers, Thomas said. Some of these staffing agencies have been found to be illegally compelling labor through threat of deportation, he said.

“Really nasty, dark stuff,” Thomas said, “but we are seeing it way too often lately.”

Naerebout said he’s not sure if the mass deportations will come to fruition, but said the consequences could be significant.

“You can’t remove 50% of the on-farm workforce without removing the U.S.’s ability to feed ourselves,” he said. “And that’s really the risk, that’s bigger than just dairy, it’s bigger than just Idaho … and we’re only talking about agriculture, you and I aren’t talking construction or hospitality or services or medical or any other aspects of the economy that are equally dependent on this workforce as agriculture.”

Guido covers Idaho politics for the Lewiston Tribune, Moscow-Pullman Daily News and Idaho Press of Nampa. She may be contacted at lguido@idahopress.com and can be found on Twitter @EyeOnBoiseGuido.