Employers Charged With Hiring Illegal Aliens Treated To ICE in the Winter

December 26, 2006

US Immigration and Customs Enforcement (“ICE”) continues to seek criminal sanctions in addition to civil penalties for employers who knowingly hire individuals not authorized to work in the United States. Recent worksite raids at six Swift & Company meatpacking plants, following other high-profile raids on the Company earlier this year, illustrates the difficulty facing employers of large numbers of immigrants. Federal agents apprehended an estimated 1,282 individuals who are suspected of being here illegally and purchasing false documents or stolen identity documents of lawful US citizens in order to obtain employment. The Company has denied any knowledge of the employees' alleged illegal activity. It points out, further, that it participates in the BASIC Pilot Program, administered by US Citizenship and Immigration Services, which helps employers comply with regulations for hiring persons authorized to work in this country.

Several days after the worksite raids, eighteen former employees who had been working lawfully alleged that the company conspired to “manipulate and depress the labor market and wages by hiring illegal immigrants” in violation of the Racketeer Influences and Corrupt Organizations Act ("RICO"). The former employees also accused the company of transporting, smuggling, harboring and concealing illegal immigrants. The suit alleges the company knowingly sought out and hired individuals who were not authorized to work in the USA and as a result depressed the wages for those who are able to work lawfully in the United States.

As a result of worksite raid at another employer, followed by a multi-year and multi-agency investigation, federal charges of hiring unauthorized aliens recently resulted in the President and Vice President of a California company pleading guilty to illegal hiring practices and the company forfeiting $4.7 million in profits. Each executive has agreed to pay a fine of $200,000 and $100,000, respectively. The charges leading to the plea agreements are the result of a multi-year investigation with the cooperation of ICE, the U.S. Border Patrol, the Social Security Administration and the Naval Criminal Investigative Service. At sentencing, the executives face a maximum sentence of five years in prison, a $250,000 fine, and three years of supervised release.

These developments, which are fraught with potential liability and adverse publicity, counsel employers to implement policies complying with employment-related immigration rules. All employers should ensure that they have conducted a vulnerability analysis to determine any potential issues as part of their due diligence review.

Employers seeking guidance in reviewing or establishing policies and procedures to conform with immigration law requirements are invited to contact the Jackson Lewis attorney with whom you work or the attorneys listed below.

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