Immigration Raids Lead U.S. to a Moral, Legal Crisis
Eastern Group Publications, Commentary, Raquel Aldana, Posted: Jun 19, 2008
Postville, Iowa has been turned into a ghost town. Nearly a third of its residents, mostly undocumented workers from Guatemala and Mexico, sit in jail convicted of identity crimes or awaiting deportation. Hundreds more hide in fear. Their children, too scared to go to school, have left the town’s classrooms nearly empty. For this, Postville should thank their local police, the U.S. Immigration and Customs Enforcement Agency (ICE), and a failed immigration policy.
Aided by local law enforcement, ICE arrested 389 workers during the largest single-site immigration raid in U.S. history at the Postville meatpacking plant, the area’s major employer. In an unprecedented move, ICE criminally charged 302 of these workers with aggravated ID theft and/or using false social security numbers. Within days, ICE resolved their fate: 297 men and women pled guilty and were sentenced to prison and subsequent deportation. Only a few await criminal trials or immigration hearings.
Postville is one of the latest in a series of immigration raids that have intensified in the past three years. These raids are leading our nation to a moral, legal and humanitarian crisis.
ICE’s heavy-handed enforcement against undocumented workers in the wake of failed immigration reform is shameful. Under current immigration laws, no more than 10,000 of the backlogged visas for unskilled workers and 66,000 temporary visas for seasonal workers are available each year. In contrast, an estimated 2,000 persons cross the Southwest border into the U.S. daily and an estimated 12 million undocumented persons live in the United States.
Global economic realities push willing workers out of their nations, where they have no means to earn even a subsistence living and pull them into low-wage jobs in the United States, where the lack of labor protection leaves them vulnerable to exploitation. U.S. employers and we as consumers benefit from their cheap labor, but these workers and their families bear the brunt of a broken immigration system.
Few employers face civil and criminal sanctions for violating immigration and labor laws. So far, no one from Postville plant has been charged despite overwhelming evidence that the company helped workers procure false documents, paid substandard wages, failed to pay overtime, and seriously mistreated its workers. All the while, Congress continues to kill proposals granting even temporary legal status to agricultural workers, while doling out large subsidies to U.S. farmers without regard to their effect on future migration of rural workers from developing nations into the United States.
Legally speaking, ICE and federal prosecutors overstepped their powers when they criminally charged the workers. Congress specifically exempted from prosecution workers who use false Social Security numbers to engage in otherwise lawful conduct, such as to procure jobs.
This unprecedented criminalization of undocumented workers also has not been accompanied by a comparable infusion of constitutional guarantees in the handling of these cases. ICE conducted the investigation leading to the Postville raid with easy access to immigration databases and employee documents. ICE then executed the raid with easily-procured administrative, not criminal, warrants.
Thus, the protection of stricter Fourth Amendment search and seizure, Fifth Amendment due process, and Sixth Amendment right to counsel constitutional guarantees available to most criminal defendants were unavailable to these workers. Nearly all waived any rights they might have had under extreme prosecutorial pressure. The uncharacteristic speed and efficiency of the Postville raid left workers without adequate opportunity to consult with defense counsel, and none or few had access to immigration lawyers to learn about the immigration consequences of their pleas.
The involvement of local law enforcement in these raids is also worrisome. Distrust of police keeps many immigrants from reporting crime. This increases their vulnerability as victims. Moreover, the drain on limited resources from these additional responsibilities on local police takes away from their primary duties as community caretakers.
The courts must be vigilant in protecting the rights of workers and their families and insist on stricter constitutional guarantees when criminal charges are involved.
These raids should be halted immediately. The prospect of future raids should certainly create a sense of urgency for the United States to adopt immigration policies that allows employers to hire migrant workers, and include strong labor protections that offer a path to legalization for workers and their families. If workers are legal, we are all better off.
Aldana is a board member of the Society of American Law Teachers and a professor of law at the University of Nevada, Las Vegas School of Law.
Related Articles:
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Immigration Laws Hit Businesses Hardest
Sent Home Empty-Handed
Immigration Raids Leave American Children Behind
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User Comments
nativessayno on Jun 25, 2008 at 12:41:08 said:
Excuse me? More love in their families? That's a new one. A less realistic, less objective argument for permission to make up your own legal/civil codes as you see fit; over the objections of citizens- (whose families sacrificed and endured MUCH)! And grant rights to persons that have sacrificed yes, but mainly on behalf of their (illegal) family.... but in doing so have actually forced great sacrifices on citizens.
Sorry this is just nonsense from a parallel reality that only sees value in the diminishment of US citizens and the high, high virtue of illegal immigrants(?)
How do you measure the "more" love in their families anyway? By the accumulation of the greatest level fraudulent activities perpetrated on the U.S at MY family's expense?
That argument is just plain kooky.
Tony Fogleman on Jun 25, 2008 at 06:12:50 said:
Free immigration is what our country was founded on, and now that we have a housing crisis, I see it as a solution to our economic woes as well as how we could learn more from our southern neighbors -- who, by the way, have much more love in their families, and important family values that we could use to integrate. Ultimately, I see this as a battle of the will, and the conservatives can only win (ultimately) when they agree to lose (small battles of desperation).
nativessayno on Jun 24, 2008 at 16:51:20 said:
Don't forget the 25-30MM illegal frauds also getting off scot-free. The issue, its importance and meaning is not going to be remedied by the concept of a pat on the back to some needy poor people. It is not exist in a vacuum only concerning employers and "employees". An actual remedy involves ICE and the law whether you like it or not.
...Golly its only a misdemeanor; I'm sure the countless ID victims can rest easy about that and our legal/social systems can handle a litttle mix-up, goof-up like that! Your whole "Kumbaya" employer sponsership is red herring in this debacle.
Consider the logistics of 30 Million "new" mostly unassimilating Latinos......
You assume the anti-illegal immigration posters here do not "know" US history. Again, it is not solely about business. Let me remind you; US history is not about some breaking laws that don't suit your fancy.
There are, unfortunately, poor on every square mile of the planet...so we do what? Grant illegal entrants whatever they say we gotta do?
This is not the 19th Century and your hundred year old Irish story is no apt analogy to today's dire illegal onslaught.
Christopher on Jun 24, 2008 at 08:47:16 said:
The problem is that we have created a system that does not meeting the needs of our businesses. Our immigration system is such right now, mostly because of the uneducated comments of the people above, where people who want to immigrate as DOCUMENTED immigrants are unable to. And companies that would gladly sponsor their works are UNABLE TO. The system is broken. It needs to be fixed, and we need to find away to easily bring in new immigrants. Just as it was when my great grandparents arrived from Europe -- they just showed up and were processed at the point of entry.
And fine folks, prosecute people for breaking the law (Immigration law is not the felony that people seem to think it is either, it's basically a misdemeanor) but don't forget to go after the corporations themselves. WHO ARE GETTING OFF SCOTT FREE.
People have come here for opportunity for 400 years. Our ancestors were more than likely to be poor whether from Ireland in the 19th century, from England in the the 18th century or wherever. This is our legacy, this is what makes America, America. We have a system that takes in the world's poor and forgotten and allows them to build from that. But currently, we have forgotten that, and we are chasing people away -- including families of mixed documentation -- to be a playground for wealthy foreigners banking on our low dollar.
You all need to learn your history. I'm proud to be the child of immigrants, and I'm proud of America's legacy of acceptance.
Johnnie on Jun 22, 2008 at 20:41:24 said:
Nonsense. Congress never allowed illegals to violate laws governing use of social security numbers. No one can use a false social security number to obtain work, or any other purpose. Why are you lying?
Ben Wilson,Sr on Jun 22, 2008 at 03:39:33 said:
IT IS ABOUT TIME. PRIMARILY AND FOREMOST THESE PEOPLE ARE ILLEGALLY HERE !!DO NOT FORGET IT !!
BulletBob on Jun 21, 2008 at 20:05:39 said:
I'm feeling for you but I can't quite reach you. You break the laws of the land you pay the price. I worked in the oilfield for over 20 years throughout the U.S., Canada, Mexico and South America. Every different country had different laws and I was expected to follow them. In Mexico a passport and FM3 was required, in Argintina, Venezuela, Bolivia, Peru, Brazil and Canada a passport and work visa was required. The FM3 or work visa was not issued prior to a criminal background check was done. I'm sick and tired of all the ILLEGAL ALIENS thinking that our laws don't apply to them. You sure better abide by the laws in thier countries. I now own a small construction company and it's hard to compete with companies that use ILLEGAL ALIENS here in Mississippi. As of July 1st it will be illegal to hire ILLEGAL ALIENS. I can't wait. As for the sob stories the papers and the ILLEGAL ALIEN ADVOCATES are crying about if you don't abide by the law then you shouldn't expect nothing but the worst when your caught. The government should have been enforcing the laws from the get-go, but alas the big corperations, liberal politicans and special interest groups have turned a blind eye. Now when the American people are demanding that the laws be enforced everybody wants to cry. Poor ILLEGAL ALIENS, poor ANCHOR BABIES what am I going to do? How about going back to your countries and changing the way government and business is done there. A little history lesson for those of you that don't think it can be done. Here in the U.S. we had the same problems in the late 1800's through the early 1900's. It takes the people to make changes. You can't do it from here in the U.S. Go home and press to have changes made as we did here. We are tired of hearing how bad you have it in your own countries so you have to break our laws instead of staying at home and trying to make changes there. I personally believe we should copy Mexico's immigration laws and place an inplant in any body caught trying to cross our southern border, then turned around. Anybody caught in this country without proper documents gets a jail sentence then upon release promtly deported. What's good for the goose is good for the gander. As far as police or immagration asking for your papers every country I worked in asked for mine frequently. It wasn't a question of if I wanted to show them or not it was required. There wasn't some politican or special interest group telling me I have rights and don't have to answer their questions or show them my work visa and passport so why do all you ILLEGAL ALIENS think our laws shouldn't apply to ya'll? By the way I think the 14th amendment has outlived its usefulness and should be changed.
David Ostrowski on Jun 21, 2008 at 08:45:50 said:
It's about time they enforce our immigration laws. Frankly, as a U.S. citizen and veteran, I am disgusted
nativessayno on Jun 20, 2008 at 11:45:07 said:
oh, but i am a first american..,but that has nothing whatsoever to do with the current illegal immigration story. (Except on a very subjective level, latinos despise being referred to as "indio"). It is considered a huge insult...that does irk me, but has nothing to do with the political picture of 25-30 million "new" people in town, at least 11 million in LA.
I have a pretty good idea about what being a good American is. Gee, it starts with loving this place....if you don't begin there; why bother? Personally, can't stand immigrants that want to use us and spit us out....see that every day!
The subprime loan issue...one has to ask themself in a responsible way...can I actually afford this, or am I greedy? Do I cheat the system? Once you start on that path I'm afraid that is your legacy...something to share with your descendents...I snuck into the US, used their services for free, took jobs I was not entitled to work legally. Something you can take great future pride in....
rational on Jun 20, 2008 at 10:33:30 said:
"**Boom** according to Rational is because of the hard-working fraud workers building and doing construction (undercutting U.S. construction workers...and on and on). "
Who is doing all the hiring - American Citizens who want to maximize their profits by hiring illegal immigrants. Most people in the construction business avoid hiring regular citizens like the plague. Besides paying them salaries, you have to give them insurance and other benefits like 401K. Even if the government enforced these laws, most industries that can - will move to another country so they can avoid paying for these things. Corporations used to use prisoners for telemarketing work but when they learned that they can pay people in India a lot less, they moved. Even Haliburton hires non-citizens so they won't have to do this. That's BILLIONS of OUR money that they are paying foreign nationals with who will spend that money not in America but in their home countries. Because they wanted to keep jobs in America, they turned a blind eye to this practice. I would not be surprised when we'll be buying our produce from Mexico soon.
"**Bust** because many of the same hard-working fraud workers got (also fradulent) loans they could not afford....and greatly worsened this situation. Very bad muddle now. "
Where did they get these loans - from Corporations owned by citizens that went crazy in making a fast buck by giving loans to people who could not afford it. Banks used to analyzed you very carefully before giving you a loan but due to the frenzy in the housing market and the government not reigning all that in, they took advantage of not only illegal immigrants looking for the American Dream but lower income citizens who were also looking for that same dream. No one was pointing a gun at these banks to give them loans.
And I am all for enforcing our borders. But having vigilanties (minutemen) and using our regular police forces to act as immigration officers makes things far worse. Police are having a hard time just enforcing regular crime as it is. I'd rather they go after real criminals that will stab me than busboys that wash dishes. The government needs to put more money into protecting our borders than borders in Iraq.
America is living an illusion and our retarded president is doing everything to keep that illusion alive. Gas is 3 times what we are paying today in Europe but they have a solid metro/bus/train systems to offset those high prices. Only in America does anyone drive 80 miles to work in their SUV's all by themselves. It will be tens of years before new rail lines and subways can be set up. And even then, does anyone remember The Big Dig? 14 billion dollars wasted and that was just a highway. Food is also much more expensive everywhere else but thank god we exploit illegal immigrants to pick our fruits and vegetables and keep prices cheap. Instead of embracing small local farms, we depend on corporate farms.
Nativessayno, are you an American Indian? Probably not - which means that you are not a native. Just because your family got here earlier doesn't give you the right to oppress others that are looking for the same things that you are looking for in life. Everyone of us and our ancestors started out as immigrants. And they built their dreams here and that's what makes our country so great. Every citizen here in America can claim more than one flag. Just because you don't wave them now because you forgot where you came from doesn't make you any better than those who still remember where they came from. Wearing an American flag pin all the time doesn't make you a good American. Being a good American starts out by thinking about these issues rationally for yourselves (without all that hatred) and not repeating what you're handfed by our corrupt media and politicians. Paying attention to what our government is trying to pull and try reading other media instead of just listening to Fox News all the time. Stop the hating and think for just one minute. Raving about sending all these people back is just not a viable solution. Not for us and not for them. Vote and fight for change. That's what makes our nation great!
Mr Ed on Jun 20, 2008 at 04:13:00 said:
"For this, Postville should thank their local police, the U.S. Immigration and Customs Enforcement Agency (ICE), and a failed immigration policy"
I do thank them, and wholeheartedly.
"These raids are leading our nation to a moral, legal and humanitarian crisis"
Hardly. The "crisis" is with the feckless political filth who do nothing to stem the tide of new, heavily dependent, uneducated illegals. Show arrests like this, which are intended to be used as false propaganda by Leftist scum in the media, do very little to actually reduce the flow. And no, I have zero guilt in saying that.
Racial allegiences and tribalism is what the Leftists have wrought with their obsessive focus on racial/religious/gender differences, and for the worst of reasons - To assume political power over all our lives but, naturally, for the best of stated intentions. It is so much easier for the Leftist filth to take power when everyone else has degenerated into squabbling identity groups fighting each other for the crumbs of dispensations from our supposed Leftist savious in government.
J Cir on Jun 19, 2008 at 16:22:29 said:
No, the real crisis in the US involves the dilution of American culture, the balkanization of American communities, and reduction of America's economy to the lowest common denominator resulting from a massive tidal wave of third world, non-English speaking, mostly undereducated, hostile to assimilating, entitlement seeking illegal immigrants.
If this article is supposed to give me second thoughts about long overdue increased ICE raids and workplace enforcement, it failed miserably.
nativessayno on Jun 19, 2008 at 16:21:45 said:
Rational---
housing boom...which led to housing bust.
**Boom** according to Rational is because of the hard-working fraud workers building and doing construction (undercutting U.S. construction workers...and on and on).
**Bust** because many of the same hard-working fraud workers got (also fradulent) loans they could not afford....and greatly worsened this situation. Very bad muddle now.
In LA it is still a **Boom** for all "newcomers". No SS card?; No problem. Need free hospital for new baby? Come on down! Its free; such a deal!
Need more evidence of our dire need for an "(En)Closed Border?
You state: "Bad policies and racism is what makes immigration bad."
You mean: unenforced policies and a cooked- up racism charges designed to avert objective analysis of actual situation.
Nazis??? You are NOT rational at all.
Can-do spirit is what I characterize my country with, not sour justifications like racism... citizens won't do that work..hopelessness,we are meanies, unchristian....etc. etc.
Again,we won't be bullied and tricked into "giving" away our rights/laws/values/citizenship to insincere, ungrateful "migrants" NOT EVER. We welcome hundreds of thousands of immigrants every year.....yet we are characterized as cruel racists....We gotta take it on the chin though because some latino coalitions, street protesters (with non U.S. flags) journalists, politicians say so. I say NOT.
Rational on Jun 19, 2008 at 14:28:01 said:
It's because of knee jerk responses like this that we have this problem. People are being manipulated by politicians and the negative media and no one is talking about the real problem here in America - from Immigration to the War, everyone expect all the problems to live in their own separate little boxes and hand-fed to them to incite rabid reactions by non-journalists like Fox. Those people are trying to keep normal people from seeing the big picture to get what they want. This is how the Farm subsidies get passed which don't help little farmers but only fills the pockets of Walmarty corporate farms. Immigration is necessary and right now the whole system is busted. I can't think of one "citizen", no matter how dire their situation, who would be willing to work picking produce in the hot hot sun and getting paid a pittance by the crate. Who does this except prisoners who'd would have to be forced at gunpoint? And how do you remove millions of people from your country? The Nazis had a solution and I feel that some of you are probably thinking that that might be the way to go. (Yes, I'm talking to you "Pree"! Are you actually trying to justify racism?)
Proper Immigration has been the lifeblood of our country. It's what makes us shine as a nation in this world. Shipping everyone out is not a solution - airfare alone would kill us as a nation. Putting them ALL in detention camps is not a solution - Human rights, remember? Some detainees (I hate this word) have been detained for years. Who pays for this - you do! And when they were working illegally in sweatshops, they were probably paying taxes. It's just wrong to keep people in limbo like this. We need laws to make prompt, rational and just decisions - even our basest criminal citizen gets that - a speedy trial. And what's the point in removing people who have been here for 10-20 years? They're probably law abiding, pay taxes, have businesses and own houses. What's the point in shipping them back? Who's going to fill that vacuum when they're gone. I'm sure that'll improve the economy and the housing market. Why not fine them and let them stay and let them become a part of our society and use that money to fund proper immigration policies?
I'd like to hear just one rational solution from you commenters besides ship everyone out. I agree that illegal immigration is wrong but every country on this planet has immigration problems and you will never stop illegal immigration. You might as well ask the planet to stop revolving. It's not going to stop because the places these people come from suck and will continue to suck in ways normal American citizens can't possible conceive of. Bad policies and racism is what makes immigration bad. Look at France - State-sponsored racism and hopelessness causes immigrant riots there all the time. If we do what some these commenters are suggesting, you might as well just set up a police state and put King George on the throne. He's the one who made all this possible by weakening our borders, not funding and fixing our Immigration system so they can do their jobs properly and turning a blind eye to all those companies who hire illegal immigrants. Why do you think America even had a housing boom? Do you think American Citizens put up all those houses?
nativessayno on Jun 19, 2008 at 14:08:20 said:
Judeo-Christian God? Isn't is bad enough we are fending off these tens of millions of "new" workers, but now our Judeo-Christian god will smote us if we want to close and shore up our southern border?
I am extremely liberal/progressive that opposes illegal immigration. To me personally, this in an assault on the meaning, virtue and integrity of our sovereignty. Ours is a country that was fought for and by persons of true virtue and merit. It cost many dearly. All of the men in my family have fought in military campaigns going back to at least WWI.
Isn't the magnitude of the illegal immigration problem; the goverment's weak resolutions to solve; and all of its myriad consequences, punishment for citizens enough?
Beth's idea is that our national disaster proves we should open the borders...a mad free for all? Sounds dingy to me!
ertert on Jun 19, 2008 at 13:06:17 said:
Calling for constitutional protections for these "invaders" will surely rile up those conservatives.
But, Postville must feel much 'safer' now that all those dangerous workers and families are gone. I'm sure the right-wingers can see many positives in it. At least they were mostly brown, or whatever...
Beth on Jun 19, 2008 at 12:52:45 said:
If you believe in the Judeo-Christian God: Wonder how many Iowans have considered the consequences of their uncharitable thoughts and actions as they look around at their catastrophic losses?
Douglas Roper on Jun 19, 2008 at 12:04:10 said:
The USA is a country its laws and its borders are to be respected as a SOVEREIGN Nation. These are citizens of other countries who have A broken in without permission or B overstayed their visa when told to leave. If they can not respect the USA do not come at all.
Its real simple. The number of people who should be allowed in the USA is not up to the illegal immigrants, mexico or any other country. Its up to the USA. We may want to let 20 million in a year. We may wish to let no one in a year. Either way its up to the USA and no one else.
The disrespect I have seen by people who should not even be in this country is unreal. Such as foreign flag waving at marches where these people DEMAND citizenship. Excuse me? They break in illegally, fly their home country flag, refuse to assimilate learn English, and demand citizenship. Why are we citizens so angry? I can only imagine. I for one have had enough.
nativessayno on Jun 19, 2008 at 10:01:35 said:
Rosa, your bias and pro-Open Borders "article" is arrogant, unpatriotic and idiotic in the extreme!
......ICE’s heavy-handed enforcement against undocumented workers in the wake of failed immigration reform is shameful....
SHAMEFUL? Shameful to whom? Your so-called: ...unprecedented criminalization of undocumented workers.....This simply means that the US is now enacting its laws, (albeit slowly). Amnesty is NOT going to happen. Citizens detest the very notion of amnesty to fraudulent workers that demand "rights". I demand some rights too...the right to not give my country over to greedy frauds. Absolutely not.
To compose an article criticizing and bitterly complaining about a government agency doing it's mission and job; detain and deport non-legal immigrants is morally hollow, sickening and blatantly corrupt.THE REAL "moral, legal and humanitarian crisis" is that we are invaded by 25MM and many more on their way.... and we are expected to just supposed to lay down, resign ourselves and take it. NO!
If workers are legal, we are all better off; could not agree with you more!
Pree on Jun 19, 2008 at 09:54:24 said:
It is really unfortunate that people come to our country and break our laws so they can "feed their families." America is in crisis mode. We need to feed our families as well. We really don't want to have to turn the world away but we cannot be the world's keeper. It is not our fault that people have come to this land of the free with no morale vaules of their own. Stealing is a sin, lying is a sin where is the morality in that? We have lost our way because corporate America has created this problem, and while they stand back and do nothing we have to try to save our country. We are called racist, xneophobe, KKK you name it. Americans have become it all, due to strangers that are not supposed to be here in the first place. I can assure you of one thing, even if we are racist we are we are racist in our own house. Black and white Americans do have history, but it is our history, and any American citizen knows that history. But when it comes to our house we will protect it together, we will do it as one and we will fight for it together. We may not want to elect Presidents that are non white, but we will not allow our own racist history get in the way of fighting for our country. It is an unfortunate situation for all illegal immigrants.
Dave Francis on Jun 19, 2008 at 08:36:32 said:
ross referencing a persons identity with the e-verify data base, will assist in bringing to halt bogus documents. The Federal SAVE ACT (H.R.4088) if enacted would strengthen all state immigration status law and eradicate parasite employers from undermining enforcement. The US government already uses this system to identify their workers and has a 90.5 percent success rate. AMNESTY is coming soon and if you think we are flooded with millions of illegal aliens now, the next waves will be a financial nightmare for taxpayers. Ask your Democratic politician why they are not sponsoring the SAVE ACT? NUMBERSUSA
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