SYMPOSIUM: IMMIGRATION: To ADMIT OR DENY?: FEAR THE ICE MAN: LESSONS FROM THE SWIFT RAIDS TO WARM YOU UP--THE NEW GOVERNMENT PERSPECTIVE ON EMPLOYER SANCTIONS Skip over navigation
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Copyright (c) 2008 Nova Law Review
Nova Law Review

SYMPOSIUM: IMMIGRATION: To ADMIT OR DENY?: FEAR THE ICE MAN: LESSONS FROM THE SWIFT RAIDS TO WARM YOU UP--THE NEW GOVERNMENT PERSPECTIVE ON EMPLOYER SANCTIONS

Spring, 2008

Nova Law Review

32 Nova L. Rev. 391

Author

KEVIN R. LASHUS *, ROBERT F. LOUGHRAN ** and MAGALI S. CANDLER ***

Excerpt

When Special Agents returned to the Swift & Company meat processing plant in Des Moines, Iowa on July 11, 2007, the local United Food and Commercial Workers Union announced that the Immigration and Customs Enforcement (ICE) failed to "engage [] in the same level of intimidation and overkill" that they had in December 2006. 1 The ICE men returned to execute arrest warrants for many of the company employees. 2 Seemingly, the lack of helicopters hovering about in support of armed agents in bulletproof vests was intended to minimize public scrutiny of ICE's follow-up visit to the plants. However, this time, the significance was not the number of arrests, but rather who was arrested. A Human Resources manager, a union steward, and an employee accused of procuring false documents were among those arrested on alien harboring, smuggling, and other charges. 3 For those employers noting the developments of the potential criminal case against Swift, the focused follow-up visit may speak at a higher pitch than the preceding round-up of immigrant workers.

I. LEGAL BACKGROUND

In 1986, Congress enacted employer sanctions as part of the Immigration Reform and Control Act (IRCA) in an attempt to curtail the illegal migration of alien workers. 4 Increased worksite enforcement represented the stick to the carrot--amnesty for hundreds of thousands of undocumented workers--that had also been enacted as a result of IRCA. However, as the most recent attempt at comprehensive immigration reform revealed, the IRCA formulation of employer ...
 
 
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