Worksite Raid & the Melting of ICE

Is there really significant change taking place within the Immigration and Customs Enforcement (ICE) branch of the Department of Homeland Security, or is the old policy just being repackaged? Recently confirmed as Assistant Secretary for ICE, former federal prosecutor John T. Morton has taken the helm and indicated he intends to move forward with worksite enforcement. Soon after stepping into his new post, Mr. Morton announced a transformed strategy for all future ICE worksite enforcement actions. Rather than raiding worksites and targeting workers, Mr. Morton favors a more comprehensive approach of rigorous civil fines against employers as well as carefully utilizing additional tools to ferret out criminal behavior. For more detailed information on these new ICE worksite strategies, read the GT Alert by Dawn M. Lurie.

Criminal prosecution of employers will continue to be a priority. Recent employer indictments are evidence of this ongoing trend. For example, on May 27, 2009, the Department of Justice announced the indictment of twelve individuals in Kansas City, Missouri, on Racketeer Influenced and Corrupt Organizations Act (RICO) charges involving labor racketeering, forced labor trafficking, immigration and other violations in 14 states. The defendants allegedly used false information to acquire fraudulent work visas for the employees, who worked in hotels and other businesses across the country. Many of the employees were allegedly victims of human trafficking, who were coerced to work, in violation of the terms of their visas, without proper pay and under the threat of deportation.

To view the full indictment, visit: http://www.usdoj.gov/usao/mow/news2009/giantlabor.ind.htm

And earlier this June, two Atlanta individuals pled guilty in federal district court to conspiracy to encourage and induce foreign nationals to reside unlawfully in the United States, to manufacturing immigration and government identification documents, and to making false statements under oath following ICE investigation.

Please read our GT Alert for further details: \\gt-web01\inetpub\gtlaw\practices\immigration\news\2009\04\28a.htm.