Thread: Farmer: I broke immigration laws and paid for it

Mike Millenkamp 6:18 p.m. CDT June 29, 2016

Like most farmers, my life revolves around my family and my farm. I never thought much about illegal immigration. I did not think it was my problem.

I employ three or four farm hands. I try to find people who are reliable, honest and willing to work hard. Several years ago, I started hiring Latino workers. I understood my obligations as an employer to withhold income taxes and pay into Social Security and Medicare. I required that the employees provide ID and Social Security numbers so that I could meet those tax obligations. I had heard of the I-9 form but was not sure how that worked and I did not investigate my obligation as an employer to complete I-9 forms for my employees. I came to know that some of my employees were in this country illegally, yet I continued to employ them and provide housing for some of them.

On Dec. 13, 2011, officers from Homeland Security, Immigration and Customs Enforcement executed search warrants at my home and farms. They took my business records, my computers, documents, bills, vehicle titles, and land records. My three illegal alien employees were arrested or fled the scene. I was under criminal investigation for harboring illegal immigrants.

As an employer, I am responsible for verifying that all my employees are here legally. Complying with the tax laws is not an employer's only obligation. When you hire anyone, federal law requires that you have each employee complete an I-9 form that requires them to establish through documentation their eligibility to lawfully work in the United States. As the employer, you are required to examine certain identification documents provided by each employee and verify under oath that, based upon your review of the identification documents, each person you hire is allowed to live in and work in the United States. If you hire someone and later find out that they are illegal, you cannot lawfully continue to employ that employee. If you employ someone you know is not legal, you are committing a federal crime.

The federal government has a voluntary, free program called E-verify that allows employers to verify the employment eligibility and identity information of newly hired employees. An employer signs up online and then can log in to the database to check a new employee's eligibility to work. The system is fast and easy to use.

For the last few years, the criminal investigation has been part of my life. I learned that I could go to prison, have to pay huge fines, and possibly lose my farm.

The process is slow and expensive. For the first time in my life, I needed to hire a criminal lawyer. My employees, former employees, friends, and business associates were interviewed by the agents and some were called to testify about me before a federal grand jury.

On Aug. 5, 2015, I appeared in federal court and pleaded guilty to the federal crime of harboring and encouraging an illegal alien to reside in the United States in violation of the law. Because the offense was committed for commercial advantage or private financial gain, the maximum penalty is 10 years in prison. I agreed to pay a penalty of $250,000. As part of the agreement, I was also required to allow my farms to be inspected to ensure that I am in full compliance with EPA water quality standards. My farms were found to be in full compliance.

On Dec. 31, 2015, I was sentenced for my crime. The recommended sentencing guidelines were anywhere from probation up to six months in prison. The judge decided that I would have to go to federal prison for three months. This time has been served.

I hope other business owners understand that illegal immigration and the employment of illegal immigrants is your problem. It is your responsibility to make sure that your employees are legal. I hope other employers can learn from the mistakes that I made. If you comply with the law, you will avoid these potential adverse consequences.

Mike Millenkamp is a dairy farmer near Earlville in Delaware County.

http://www.desmoinesregister.com/sto...paid/86508620/

Glad to see this man buck up and accept responsibility for his actions vice giving us a sob story.