Assessing the 'chilling effect' of ICE activity near farms

With the fall harvest here, farmers who hire immigrant workers might still be worried about Immigration and Customs Enforcement deterring their employees from showing up.

A farm law expert in Minnesota said even if the risk is low, the threat of enforcement can have far-reaching implications.

During last winter's federal immigration crackdown, state agriculture officials noted a small amount of anecdotal evidence of enforcement near farms. Minnesota does not have a large number of migrant farmworkers compared to states like California.

Rachel Armstrong, founder and executive director of the nonprofit legal support group Farm Commons, said the fear is enough to prevent vulnerable workers from reporting to their jobs.

"The consequences are enormous, especially for the person who is detained, whether or not they have legal authorization. The consequences are enormous for the farm that loses its labor force. Crops don't wait. Cows don't wait to be milked," Armstrong said.

The Trump administration and some congressional Republicans want to expand a visa program for seasonal agricultural workers to address staffing shortages on farms. But Armstrong, who is a licensed attorney, countered it would open the door to problems like human trafficking and worker exploitation. Her group is educating farms on how to prepare and to ensure at-risk workers know their rights.

Armstrong explained even if a farmer takes the proper steps and builds trust, a migrant worker can sometimes feel exposed if they have to drive 30 miles to their job. They might also worry about being targeted by ICE when out shopping and forgo buying boots and other proper gear. She added collectively, such examples add pressure to a food production system already grappling with other market forces.

"Americans are already experiencing what it means right now to pay more for our food and I'm not sure there's that much willingness to accept even higher prices," Armstrong observed.

Since President Donald Trump's return to office, the White House has sent mixed signals about whether to allow ramped-up immigration enforcement to intersect with agriculture.

A July Investigate Midwest report, based on U.S. Department of Agriculture data, identified 453 farming counties nationwide. Last year, 145 of them recorded at least one ICE arrest, the highest number since 2018. The report found total ICE arrests in farming counties increased in 2025.