August 30, 2007

ICE Raid Koch Foods Locations in Ohio and Chicago

The Department of Homeland Security (DHS) continued its focus on worksite enforcement on August 28, 2007, in a raid of Koch Foods’ plant in Fairfield, Ohio and corporate offices in Chicago. Special agents from U.S. Immigration and Customs Enforcement (ICE) executed simultaneous criminal search warrants as part of a two-year, ongoing ICE investigation based on evidence that Koch Foods may have knowingly hired undocumented workers at its poultry processing and packaging facility. ICE administratively arrested more than 160 employees for immigration violations at the Fairfield plant, which employs approximately 400 workers.

The enforcement action highlighted ICE's stated intent to work with state and local law enforcement in immigration raids. ICE’s federal, state, and local counterparts including the Southern District of Ohio’s U.S. Attorney’s Office, the USDA Office of the Inspector General, Health and Human Service’s Department of Immigration Health Services (HHS/DIHS), the Ohio Department of Public Safety, and the Butler County District Attorney’s Office conducted the investigation.

Koch Foods faces monetary and criminal sanctions for failure to properly verify the employment eligibility of their workers. Paperwork violations may result in fines between $100 and $1,100 for each employee for which a mistake was made. Criminal penalties, including fines and imprisonment, may also be imposed where ICE determines that a pattern or practice of willful violations exists. In another recent high-profile raid, the former owner of ten Connecticut Dunkin’ Donuts stores received a $1 million fine and a 10-month imprisonment sentence for knowingly employing undocumented workers.

Companies should routinely review their I-9 employment verification procedures to ensure compliance with federal immigration regulations. The Administration has stated that they are continually targeting bad-faith actors. Employers should fulfill the I-9 requirements every time they hire a new employee and maintain the I-9 records on file. For further information, please refer to our “I-9 Employment Verification Process Frequently Asked Questions."

GT will continue to provide updates on enforcement and compliance issues.