Worksite Enforcement Update

Immigration and Customs Enforcement (ICE) has increased worksite enforcement raids during the end of this administration in an attempt to send a message to employers and force them to reconsider their employment verification policies. This year alone, ICE agents made 1,022 criminal arrests at U.S. workplaces, of which
116 were company supervisors and managers. ICE has also made more than 3,900 administrative arrests for immigration violations. Below are highlights of some of ICE’s most recent workplace raids across the nation and industries.

• October 9, 2008, ICE agents executed a federal criminal search warrant at the Columbia Farms poultry processing plant. The raid was part of an ongoing, ten month, criminal investigation into Columbia Farm’s employment practices, which had already resulted in criminal charges against nine supervisors, four plant employees and one human resources manager. The ICE enforcement action resulted in the administrative arrests of 331 undocumented workers. Of those arrested, 11 face criminal charges for various crimes including re-entry after deportation, aggravated identity theft, counterfeit documents and false statements. All have been transferred into the U.S. Marshal's custody.

• September 18, 2008, ICE, in what it called “an ongoing investigation into possible hiring and alien harboring violations,” raided two Chinese Restaurants. In addition to the restaurants, ICE raided three homes in California that allegedly belonged to individuals affiliated with the restaurants. In total, 21 people were arrested and accused of administrative immigration violations. One of the arrestees was released on humanitarian grounds pending a hearing in immigration court, while the remaining 20 were transported to ICE detention facilities where they will remain imprisoned pending hearings before an immigration judge. ICE also indicated that it has targeted a second facility allegedly belonging to one
  of the restaurants.

• September 10, 2008, more than 60 ICE agents conducted a raid at Palm Springs Baking Co. in Palms Springs, FL. The raid stemmed from an ongoing investigation that began in 2006. ICE officials alleged that managers and supervisors at the company extorted money from undocumented
  immigrants by guaranteeing them a job in return for a $3,000 payment. As a result of the raid, ICE officials arrested 51 individuals, including a current and former supervisor. Of the 51 arrestees, only 27 were detained. The others were released on humanitarian grounds while they await
  immigration hearings.

• September 4, 2008, ICE agents arrested 23 workers at the Sun Valley Group, one of California’s major wholesale flower growers, in Arcata, CA. The workers were taken into custody on administrative immigration violations. The arrests are the result of an investigation that originated
  with a call to ICE’s tip line. ICE uncovered evidence that some of the workers used Social Security numbers and alien registration numbers that were fraudulent, did not belong to them, or did not authorize employment.

Despite the increase in enforcement raids, ICE’s main objective continues to be convincing employers to police
themselves. The IMAGE program is an excellent example of an ICE attempt at persuading employers to adopt best practices. Businesses who partake in the program establish a formal partnership with ICE and agree to follow the best hiring practices recommended by the program, train their staff to uphold the high standards required, and to use the screening tools offered by the federal government to ensure employees are lawfully authorized to work. In a recent ceremony at its new headquarters in Arlington, Virginia, ICE celebrated the addition of 37 companies to the IMAGE program. Despite these newest additions, it is clear that many employers remain hesitant to join. Many potential enrollees’ fear that their voluntary enrollment could harm their businesses by attracting ICE’s attention.

An ICE audit is one of the primary requirements that has made some employers weary to enroll. In an effort to
improve enrollment in the program, ICE announced a new type of membership which includes a two year “grace
period,” otherwise known as “Associate Membership.” Employers who choose to join the program as “Associate
Members” may defer the requisite ICE audit for up to two years. Of the 37 new enrollees, 26 signed on as full
members, while 11 companies joined as “Associate Members.” In light of continued enforcement actions, increased scrutiny and focus on administrative penalties, consideration of the IMAGE program is something to be left to appropriate company decision-makers. Any decision to approach ICE must be considered carefully and should only be a part of a larger overall compliance strategy. GT will continue to provide timely updates on worksite enforcement issues.

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