Immigration reform could hurt Yuba-Sutter farm growers as fall harvest approaches.

Rules for employment documentation, proposed by the Bush administration Friday, would take effect in 27 days. The rules require employers to fire employees who are unable to clear up problems with their Social Security numbers within 90 days of being informed of a discrepancy.

For years, it has been illegal for employers to hire undocumented workers, but they may now face fines and sanctions if they do not investigate the discrepancy and follow the new rules.

Jeff Stephens, of Stephens Ranch Inc., predicts the effects will be “devastating” to the Yuba-Sutter area. The topic has been a cause of concern for him and other farmers.

“Possibly up to half the migrant workers we have in the field are undocumented,” he said of area farms.

The peach, prune and walnut grower has farmed in Sutter County since 1979. Stephens has 12 full-time employees and up to 30 at harvest time. He has documentation for all his workers but said the new rules could still affect him.

Everyone knows a large percentage of documented workers are not documented correctly, he said.

“It’s pretty much accepted within the industry,” Stephens said.

He added that the rules make agriculture a Catch-22 for farmers.

“If it comes down to saving your crop or breaking the law, nobody wants to be a criminal,” he said. “But we all have to support our families.”

He thinks the rules could force an underground economy where undocumented workers won’t have to pay taxes.

“If farmers want to keep them employed, it will happen under the table,” he said.

The new rules have alternatives, said Danielle Coleman, executive director of the Yuba-Sutter County Farm Bureau. The California Farm Bureau has been pushing Congress unsuccessfully for a guest-worker program, but it will keep trying.

The rule implementation was poorly timed because it would take effect during fall harvest, she said.

Farmers are already worried about hiring enough workers, she said. The rules will only complicate and confuse them.

Local farmers rely on immigration, she said. They want to obey the law and make a living in agriculture.

Enforcing the rules could have unintended consequences, said Lee Pliscou, directing attorney of the Marysville California Rural Legal Assistance, Inc.

“No one wants to see food rotting on trees or on the ground, especially if the rule is misunderstood or misapplied,” he said.

Employers must be cautious because it is illegal to discriminate against immigrants. They could wrongfully fire someone in an attempt to comply with the law, he said.

Putting a strong burden on employers may also cause more growers to hire labor contractors, who could engage in illegal practices in order to secure their jobs.

Another complication is many growers and labor contractors are recent immigrants whose limited English could mean difficulty understanding the laws.

New Regulations

• WHAT IT MEANS: The package of enforcement tools will force employers to dismiss thousands of workers whose Social Security numbers don't match those in federal databases.

• LONG-RANGE IMPLICATIONS: Other measures include a 25 percent increase in civil penalties, expanding the Border Patrol to 20,000 agents by 2009, additional detention facilities for illegal immigrants and stepped-up training to help state and local officers to combat illegal immigration. The administration also renewed its commitment to erecting a controversial border fence. Contractors who receive new federal contracts will be required to screen employees through an electronic verification system.

• WHEN IT TAKES EFFECT: The new rules will be effective in 27 days.

Ashley Gebb can be reached at 749-4724 or agebb@appealdemocrat.com