U.S. dairy farmers see an increase in I-9 audits for immigrant workers as their newest labor challenge

Dairy farms need year-round workers to fill labor gaps. (Farm Journal photo)

Beyond international tariffs, bird flu and possible Immigration and Customs Enforcement raids, U.S. dairy farmers have a new worry to add to their unpredictable livelihoods: I-9 audits. "Nervousness and frustrations are spreading across the dairy industry," reports Tyne Morgan of Dairy Herd Management. "With reported flaws in the E-Verify system, the audits are resulting in dairies being forced to fire employees who are found to have illegal documents and only given 10 days to do so."

When I-9 audits occur, worker documents are examined, and it's often discovered that "employees submitted either illegal paperwork or forms that weren’t theirs," Morgan explains. "There’s no way for a dairy to know. That’s what the E-Verify system is meant to do." 

Although only dairies in South Dakota and Texas have been audited so far, increased inspections aren't welcome news for dairy farmers, who often rely on immigrant labor to perform much of the constant and strenuous work required. Tyne explains, "The dairy industry seems to be on an island when it comes to finding a legal workforce. Dairies aren’t seasonal; therefore, they can’t utilize H-2A, and that’s something the dairy industry is pushing to change."

Donald Grady, the senior director of legislative affairs at the International Dairy Foods Association, views the H-2A program as something that can be modified to help dairies and off-site milk processing plants. He told Morgan, "We are looking to be able to expand the H-2A program so that dairy operations on-farm and in the plant can have another tool in their toolbox to meet their labor needs."

Despite the recent I-9 audit spike, "leaders within the dairy industry say for the first time in nearly two decades, there does seem to be momentum for changes to the H-2A program and address the pain points with the current immigration system," Morgan adds. The CEO of the Idaho Dairymen’s Association, Rick Naerebout, told Morgan, "We’ve not had this kind of traction with an administration ever on this issue. . . but we’re cautiously optimistic here in Idaho." 

Morgan adds, "Naerebout says after 20-plus years, he thinks agriculture finally has a legitimate chance at solving a problem that’s been plaguing the industry. And that solution needs to not only come from the White House, but the long-term fix needs to be addressed by Congress."