BURLINGTON -- If you buy strawberry Haagen-Dazs ice cream, Steve Sakuma says, there is an 80 percent chance that you're going to get his berries, grown on some of the richest black soil in America, about 50 miles from the Canadian border in Washington.
And he says there is a very good chance that you would get berries handpicked by illegal immigrants, too.
Wearing designer blue jeans and sunglasses, Sakuma, who is 65, surveyed his 250-acre strawberry plot outside of Burlington earlier this month, pointing to 231 employees, most of them from Mexico, who were crouched down handpicking the fruit under a hot morning sun.
He estimates that 80 percent of them were in the country illegally, even though they provided him with the necessary documents.
Like throngs of other farmers nationwide who rely on illegal labor to harvest their crops, Sakuma fears that Congress doesn't understand the complexities of his operations.
He says he promptly would go out of business if lawmakers forced employers to electronically verify the immigration status of their employees. And he urged members of Congress to consider the ramifications carefully first.
"These illegal immigrants, or whatever you want to call them, have been around for a long time," Sakuma says. "And guess what? They're not bad. They're just making a living. They're here doing what other people won't do. If you think that white America is going to come out here and pick these strawberries, you have been living in the dark for a long time."
While farmers worry about the effects of a federal crackdown on illegal immigrants, backers of legislation that would require verification say it would finally force employers to operate legally and would represent a major first step in fixing the nation's tattered immigration system.
Freshman Republican Rep. Jaime Herrera Beutler of Washington says a mandatory verification program would ensure that those who applied for jobs in the United States were "legally able" to take them while keeping employers accountable for their hiring.
She says her "first and most important job" in changing the immigration system is to stop the flow of illegal immigrants into the country.
"The federal government has a constitutional responsibility to defend our borders," Herrera Beutler says. "Unfortunately, for years it has failed to live up to that responsibility."
Mike Shelby, executive director of the Western Washington Agricultural Association, says many producers in the state face circumstances similar to Sakuma: "They're all vulnerable. .... We all agree that immigration reform needs to take place, but we have to be very careful how we approach it. Because if the first thing you do is interrupt the flow of labor for agriculture, you're taking an industry and putting it at tremendous risk."
For Sakuma, the answer is obvious: Allow the workers, who are paid by the pound for their strawberry picking and earn an average of more than $10 an hour this season, to become legal Americans.
"You call that amnesty or whatever you want to call it, it's just the right thing to do," he says. "We've done it ever since the Pilgrims hit the East Coast. ... We're responsible citizens, and we'll do what we believe is right, but change the damn law. That's the issue. Make it right."
About 270,000 businesses use the federal E-Verify program voluntarily, and backers say that number could jump to nearly 6 million if it becomes mandatory.
President Obama endorsed the idea at a White House news conference in late June, saying he would support requiring the use of E-Verify "if it's not riddled with errors" and if it's part of a comprehensive overhaul of immigration laws.
"We don't want to expose employers to the risk where they end up rejecting a qualified candidate for a job because the list says that that person is an illegal immigrant, and it turns out that the person isn't an illegal immigrant," Obama said. "That wouldn't be fair for the employee and would probably get the employer in trouble as well."
While several pieces of legislation dealing with E-Verify have been introduced in the current Congress, the main bill is sponsored by Republican Rep. Lamar Smith of Texas, the chairman of the House Judiciary Committee. He objects to the president's strategy, saying E-Verify is important enough to stand alone and should not be linked to other efforts to change immigration laws.
Smith's bill, called the Legal Workforce Act, would require all employers to use a national database to confirm that a worker is legal. He says that it would open up millions of jobs for unemployed Americans. Smith says there are 24 million Americans who are unemployed or underemployed, while there are 7 million illegal immigrants working in the country.
"It is not an immigration bill -- it's a jobs bill," Smith says.
Sakuma, one of eight owners of the Sakuma Brothers Farms, says farmers want a legal work force "as much as anyone else," but he says the current system is clearly broken.
To make the point, he told a story about how his farm was raided a few years back by federal authorities, who found some of his employees were in the country illegally.
"They hauled them down to the border," Sakuma says. "Three days later, they were standing in our office, but they had a different name and a different Social Security number."
Sakuma says he consulted with two immigration attorneys in Seattle: "Both of them told me the same thing. 'You have no choice but to hire them back. If they provide you with a name and they provide you a Social Security number, you have no choice but to believe them.' I said, 'You've got to be kidding, I've been watching this guy for lots of years. I know what his name used to be.' "
He says he was advised that the workers could have legally changed their name and that Sakuma had no legal reason to believe otherwise.
"That's what we're up against," Sakuma says.
With so many politicians talking about border security, Sakuma worries that Congress will pass the E-Verify legislation anyway. He just wants members to consider the consequences on farmers across the country.
"It's a tough issue. It's very complex, very complicated, and it's very politicized," Sakuma says. "And I understand politics. But is that really what you want? If they had E-Verify here, you'd shut us down -- absolutely. I'm being totally honest with you.
"Because I believe -- I don't know this for a fact, because as far as I'm concerned they're all legally documented -- but it's my belief that 80 percent of them don't have the right kind of documentation. You take away 80 percent of my work force, and it's goodbye. That's reality."