Immigration raids tend to spare employers

updated 1:20 p.m. ET June 1, 2008

DES MOINES, Iowa - After the biggest immigration raid in U.S. history, hundreds of workers have been sentenced but not one company official as yet faces any charges — something critics say is typical of a federal government that is tough on employees but easy on owners.

Worker advocates and lawmakers say the fact that nearly 400 workers were arrested in the May 12 raid at the Agriprocessors Inc. plant in Postville — or more than one-third of the total number of employees — proves that company officials must have known they were hiring illegal immigrants.

"Until we enforce our immigration laws equally against both employers and employees who break the law, we will continue to have a problem with immigration," said U.S. Rep. Bruce Braley, an Iowa Democrat whose district borders Postville.

Such raids are designed to get headlines and make it appear that the federal government is cracking down on illegal immigration, said Frank Sharry, executive director of the immigration reform group America's Voice. But he says even those who think enforcement is the answer can't seriously believe the 12 million illegal immigrants in the U.S. can be arrested and deported.

"Even if you wanted to pursue an imbalanced enforcement-first strategy, the only thoughtful way to do it would be to go after employers, make examples of them and try to scare other employers into compliance," he said. "They're not doing that."

Company conducting investigation
The owner of the Postville plant, Aaron Rubashkin, has said that the company is conducting its own investigation "into the circumstances which led to the recent work site enforcement action, and is fully cooperating with the government." He said the company could not respond to specific allegations due to pending legal issues.

Court documents filed by an Immigration and Customs Enforcement agent prior to the raid at the Postville plant indicate that authorities believed company supervisors were violating a number of federal laws including harboring illegal immigrants. An application and affidavit for search warrant alleged that:

• Based on 2007 fourth-quarter payroll reports, about 78 percent of Agriprocessors' 968 workers were using false or fraudulent Social Security numbers in connection with their employment.
• Agriprocessors was notified by the Social Security Administration in five separate letters of 500 Social Security number discrepancies for each tax year from 2000 to 2005.
• A Department of Transportation investigation found that an Agriprocessors supervisor was forcing workers to buy cars from him and allegedly registered the cars under falsified identities. An investigator found at least 200 cars were bought in this manner.
• The Iowa Department of Labor uncovered workplace safety problems including 39 citations since last October. Fines of around $182,000 were reduced on Tuesday to $42,750 after the company agreed to correct some of the violations, which included improper storage and handling of hazardous chemicals and inadequate training in the use of respirators and handling of blood-borne pathogens.
• Allegations of child labor law violations are under investigation by the state. The investigation was initially halted by the ICE raid, but have resumed, said Iowa Workforce Development spokeswoman Kerry Koonce. If confirmed, the violations could be prosecuted as misdemeanors under state law.
• Occupational Safety and Health Administration logs show records of incidents that led to five amputations, dozens of reports of broken bones, eye injuries and hearing loss at the plant between 2001 and 2006.

Immigration officials said the 389 arrests at the plant meant it was the largest single-site immigration raid in U.S. history. Of those arrested, 297 pleaded guilty and were sentenced. The guilty pleas included use of false identification documents to obtain employment, false use of a Social Security number or cards and unlawful re-entry into the United States.

About 60 of the workers taken into custody were released for humanitarian reasons and do not face criminal charges, while 20 others were detained on immigration violations only and face deportation proceedings, said Bob Teig, spokesman for the U.S. attorney's office in the Iowa's northern district. Five other defendants did not enter pleas and have cases pending in U.S. District Court in Cedar Rapids.

MORE FROM LIFE

Life Section Front

Officer in Oswald photo can't escape history $1 billion network for green cars vowed Commuter, freight train collide; few injuries Dad drowns after saving sons in crash Calif. court takes up gay marriage ban Drought won't stop rebuilding after fires Age limit on Neb. safe haven near approval Septic tanks make Malibu special, smelly Mayor sorry for kids' anti-Obama chant Will oil tycoon's wife save wild horses? Life Section Front   Add Life headlines to your news reader: