Worksite Updates from Around the Country

Poultry Processing Plant to Pay $1.5 Million to Settle Undocumented Hiring Case
A South Carolina-based poultry plant agreed to pay $1.5 million to the government to settle all criminal, civil, or administrative claims that could be brought relating to the hiring of undocumented workers. Columbia Farms, which is affiliated with House of Raeford Farms, was facing 29 counts of knowingly hiring and continuing to employ undocumented workers who were not authorized to work in the United States.

The federal investigation into Columbia Farms began in December 2007 with an audit of the company’s I-9 filings performed by Immigration and Customs Enforcement (ICE). The audit resulted in criminal charges filed against 21 supervisory employees hired with false documents. ICE agents later raided the plant in October 2008 and arrested over 300 workers on administrative immigration violations.

The terms of the settlement agreement require enrollment in E-Verify, the federal government’s electronic employment verification system, and implementation of new hiring policies at each of the eight House of Raeford locations in North Carolina, South Carolina, and Louisiana. In addition, the company agreed to use an external auditor to conduct annual I-9 reviews and to provide regular training to employees on hiring practices. According to the U.S. Attorney’s Office, if Columbia Farms and House of Raeford comply with the terms of the agreement, the criminal charges brought against Columbia Farms will be dismissed.

Mississippi Restaurant Owner, Managers and Corporate Owners Sentenced for Hiring Undocumented Workers
Two corporations and their owner, along with two former managers of a restaurant in Mississippi, were sentenced for violating federal criminal immigration laws related to hiring, continuing to employ, and harboring undocumented workers following a U.S. Immigration and Customs Enforcement (ICE) investigation.
The restaurant owner was sentenced to 12 months in prison and fined nearly $200,000, The managers also received prison sentences and fines. The two corporations that owned the restaurant were sentenced to two years probation and agreed to forfeit more than $418,000. In addition, the corporations agreed to an immigration compliance program.

Connecticut Restaurateur Gets Probation and is Fined for Employing Undocumented Workers
A Connecticut restaurant owner was sentenced to three years of probation, a $150,000 fine and 150 hours of community service for employing undocumented workers. The restaurant owner had been charged by federal officials with employing at least 10 individuals between January 2008 and January 2009 knowing that they were in the United States unlawfully and were not authorized to work.

Three Texas Men Found Guilty of Harboring Undocumented Workers at a Construction Site
A federal jury found three Texas men guilty of conspiring to harbor undocumented workers who were working on constructing new student housing at Texas A&M University's Kingsville campus. Two of the individuals were employees of the company hired to construct the university housing. The other individual worked as a subcontractor for the company. During the trial, the jury heard testimony from two immigrants who worked for the defendants. All three men face up to 10 years in prison and a fine of $250,000.

As demonstrated by these cases, proactive compliance policy planning is critical for all employers. Best practices must be developed and followed in an effort to show a good faith defense if your business is selected for an ICE review or targeted for a criminal investigation.

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