March 28, 2003

Update on Tyson Food Immigration Conspiracy Case

On March 26, 2003, Tyson Foods was acquitted of all charges in the case brought against them by the U.S. Government. A federal jury acquitted Tyson Foods and three of its managers of conspiring to bring illegal immigrants from Latin America to work in their poultry plants. Immigration practitioners and labor leaders have closely followed the case as it focused on the recruitment, employment and treatment of illegal immigrants. Many have alleged that many large companies engage in this practice in an effort to meet staffing needs in various industries for hard-to-fill low-skill and low-wage jobs.

The trial against Tyson Foods Inc. opened February 6, 2003 in U.S. District Court with the U.S. prosecutor charging that in the 1990’s, Tyson Foods managers knowingly employed illegal workers for low-paying jobs at their processing plants around the country as part of an on-going scheme. The government claimed that Tyson actively imported and hired illegal workers as a way to keep wages low and ensure that their plants had enough workers. In addition to the company, two Tyson managers and a third executive who were co-defendants in the suit, were acquitted. Two other Tyson managers had already pleaded guilty to conspiracy charges and were witnesses for the prosecution.

As part of the case, the government was looking to seize millions of dollars from Tyson claiming that the company illegally gained from employing illegal workers. The government’s claim was based on a rarely used forfeiture claim. Tyson also stood to lose several government contracts. The initial figure touted by some officials was $130 million. If Tyson had been found guilty, in addition to any money that the government seized, the company could have lost government contracts. The individual managers faced jail time and fines if found guilty. Convictions on the charge of conspiring to defraud and obstruct enforcement of immigration laws carries a maximum sentence of five years in prison and a $250,000 fine.

The defense’s winning argument appeared to be that none of the evidence linked their client to a crime. While, company officials may have been mentioned by those who pleaded guilty or those who were taped during the investigation, none of them were ever directly implicated and those who pleaded guilty were rogue employees. Tyson also claimed that agents of the Immigration and Naturalization Service (now the Bureau of Citizenship and Immigration Services) utilized entrapment techniques by repeatedly seeking meetings with Tyson officials and insisting that the company strike a deal to bring undocumented workers into the United States. Even before the case went to the jury, Judge R. Allan Edgar dismissed 24 of 36 counts for lack of evidence. The dismissed counts including government claims that Tyson had tried to smuggle workers into the United States.

The case is significant as it marked the first time such a case had been brought against a large company like Tyson. With a large workforce and very high turnover, Tyson has had a difficult time keeping workers, as have many other companies in similar situations. In the past, the government targeted the smugglers bringing aliens to the U.S. or smaller employers who hired undocumented aliens. The case is also significant based on the large amount of money the government was seeking. The fact that Tyson was acquitted may quell the fear of some larger employer fearing a new trend by the government to turn more of its attention to larger employers in an effort to ferret out other instances where there are indications of an employer knowingly hiring illegal aliens. However, in light of increased security and concerns as our nation continues to battle terrorism fears and the push to enhance security at our borders intensifies, the government may not be giving up so easily.