Recent ICE Enforcement Actions

The scenarios below are real and happening all over the country. For most of the 20 years since the passing of the Immigration Reform and Control Act of 1986 (IRCA), the government’s enforcement primary methods included education and training with only minimal fines. Currently, ICE’s continuing aggressive enforcement employment verification strategies include significant civil and criminal charges and devastating raids.  All employers, regardless of whether they hire or sponsor foreign nationals, should be aware of the current trend in employment verification. Department of Homeland Secretary (DHS) Michael Chertoff has repeatedly said that DHS “is going to continue to keep pressure on and pursue cases against employers.”

Recent ICE actions include:

• Mississippi — In August 2008, 595 undocumented workers were arrested at a manufacturing facility during a joint immigration enforcement action conducted by ICE and the Department of Justice. ICE special agents executed a federal criminal search warrant for evidence relating to aggravated identity theft, fraudulent use of Social Security numbers, and other crimes.

• California — In June 2008, ICE agents executed a search warrant as part of an investigation targeting a locally owned company that provided contract workers to the farming industry in the Imperial Valley area. ICE agents arrested two foremen on criminal charges and 32 employees on administrative immigration violations.

• Iowa — In May 2008, ICE agents arrested 389 undocumented workers at Agriprocessors, Inc. Two supervisors were arrested and charged with crimes including aiding and abetting aggravated identity theft and encouraging aliens to reside illegally in the U.S. The operation took place in collaboration with the U.S. attorney’s office and law enforcement agencies.

• Florida — In May 2008, 25 undocumented persons working at the Lee County Sheriff’s Office were arrested by ICE agents following a tip from the sheriff’s office.

• New York — In February 2008, a grand jury returned a six-count felony indictment against five managers of a division of IFCO Systems North America (IFCO). The indictment charged the defendants with engaging in a conspiracy to harbor illegal aliens, to encourage and induce illegal aliens, and to transport illegal aliens.