Dallas-Fort Worth Immigration Lawyer

Colorado farmers, ranchers, dairies, packing plants and green industries, such as sod growers and nursery owners, are especially concerned about a law that goes into effect Jan. 1.

That law, approved during the special legislative session on immigration in July, requires employers to verify Social Security numbers and save proof that workers are legal.

The state will perform random audits and employers face a $5,000 fine for the first violation and up to $25,000 for the second offense.

Gov. Bill Owens, who convened the special session in which the new law was passed, said a labor shortage isn't an excuse to break the law, according to spokesman Dan Hopkins.

"It's been devastating," said Andy Grant, of Grant Family Farms near Wellington, the state's largest organic grower. "Farm workers in America are afraid to travel to Colorado."

Seasonal and migrant workers make up about half the state's agricultural labor force, said Jimmie Dean of the Rocky Mountain Farmers Union, which represents 18,000 family farms in Colorado.

Jared Koch of the Colorado Farm Bureau, which has 28,000 members, said the new immigration laws could chew a $59.9 million hole in the state's agricultural production in each of the next three years.

An American Farm Bureau Federation's study, using federal statistics, estimated that 50 percent to 75 percent of the nation's agricultural labor force have "questionable" documents, said Austin Perez, the federation's director of congressional relations.

The figure may be higher in Colorado, said Dawn Thilmany, a professor of agricultural economics at Colorado State University.

"Most estimates say 85 to 90 percent of the agricultural labor force are illegal in some way, either undocumented or have illegal documents," said Thilmany.

"The political scene is changing," said Luis Indacochea, another supervisor at Grant Family Farms. "Word is getting to the people in the farmworker community that people without documents can no longer find work. You mix that with the rumors that go around, and you end up with a bad situation. I do believe word has gotten out that Colorado is a hostile place."

While most producers say they check documents, no one knows how many workers are legal or illegal.

"Everyone presents themselves as legal. We already check their documents," said Bruce Talbott, of Talbott Farms in Palisade.

Farm worker wages have traditionally been low, but growers say they've gone up without attracting new workers.

Frank Eckhardt grows sugar beets, onions, feed corn and alfalfa near Greeley. He said he usually pays workers $7 to $7.50 an hour, but offered $10 an hour this year and couldn't find enough help.

"We and a lot of farmers have lost up to 50 percent of our production because we didn't have workers," said Grant, who grew vegetables on 2,000 acres last year, but will harvest only 500 acres this year.

Farmers across the state echoed Grant and pushed for a new federal guest worker program, which could provide enough qualified help.

"We need a way to get workers that are legal and dependable," said Mackie O'Neal, of O'Neal Produce, which ships cantaloupes and onions from the Arkansas Valley near Rocky Ford.

Under the current federal guest worker program, agriculture producers apply for temporary visas, known as H2As, but the wait for help can last up to a year and many requests go unfilled.

"You don't know if you are going to get all the workers you need or not," said Sharon Harris, executive director of the Colorado Greenhouse and Nursery Association, which also relies on seasonal workers.

Congress adjourned without passing a better guest worker program.

"The H2A program is so expensive and so difficult. We've watched Washington

$5,000 Fine for first offense for employing an illegal immigrant

$16 billion: annual farm revenue in Colorado

$59.9 million: Estimated potential losses because of labor shortages

50% to 75%: Estimated share of the work force with questionable documentation.Sources: American Farm Bureau Federation, Colorado Department Of Agriculture