U.S. Immigration and Customs Enforcement Raids – A Message to Employers and Employees

Rachel Browning, Attorney at Law

The U.S. Immigration and Customs Enforcement (”ICE”) has stepped up enforcement, aggressively pursuing immigration violators and raiding numerous work sites throughout the country to find potential violators and apprehend them accordingly.  In April of 2008, ICE raided a “Shipley Donut” factory in Houston, Texas and on May 5, 2008, they arrested 63 undocumented workers at 11 “El Balazo” restaurants around the Bay Area in California.  Most recently, ICE executed a criminal search warrant May 13, 2008 at Agriprocessors, Inc., a meat-packing plant in Postville, Iowa, for evidence relating to aggravated identity theft, fraudulent use of Social Security numbers and other crimes, as well as a civil search warrant for people illegally in the United States.  The announcement was made by United States Attorney for the Northern District of Iowa Matt M. Dummermuth and ICE Special Agent in Charge Claude Arnold who remarked:

"This is not the first time this office has been a part of a criminal worksite enforcement operation," said Dummermuth. "However, this is the largest operation of its type ever in Iowa. Agents and officers from federal, state, and local agencies are involved today. The coordination and logistical planning efforts have been going on for months.”

Individuals discovered to be in the United States illegally as a result of the raid will be placed into administrative removal proceedings. So far, ICE agents have arrested more than 300 individuals for administrative immigration violations.  However, each person taken into custody will also be interviewed by ICE agents and Public Health Service officers to determine if they have health, caregiver, or other humanitarian concerns.  So far, over 40 individuals have been released on humanitarian grounds under supervision, pending future immigration proceedings.

The increase in enforcement actions means employers need to pay particular attention to I-9 compliance, which deals with the employer’s obligations when hiring workers.  For a discussion on I-9 compliance, see I-9 Employment Verification Rules. 

If you or your employees are involved in an enforcement action, you should know that often there are defenses that an experienced immigration lawyer can assert.  An attorney may also be able to help an incarcerated employee get out of immigration detention.  For information about detention, please see Gaining Freedom from an Immigration Detention. 

Whether you are an employer or employee uncertain as to your individual rights and responsibilities, our Long Beach California and Houston Texas immigration attorneys can assist you.  Please contact our Long Beach office at 562-590-7300 or our Houston Texas offices at The Woodlands and in the Westchase Business District at 281-210-0010.