Lawsuit: Immigration Raid Violated Workers' Rights

FOX ^ | 05/16/08 | Unknown

[Froufrou]

The nation's largest single immigration raid, resulting in nearly 400 arrests earlier this week, violated the constitutional rights of workers at a meatpacking plant, a federal lawsuit says.

The lawsuit accuses the government of arbitrary and indefinite detention. It seeks to prevent the government from moving the arrested workers out-of-state as their cases wend through the system.

A spokesman for the U.S. attorney's office said he couldn't comment on the lawsuit filed Thursday on behalf of about 147 of the workers rounded up Monday at an Agriprocessors Inc. meat processing plant.

The lawsuit was filed against the Immigration and Customs Enforcement Division and several government officials, including Homeland Security Secretary Michael Chertoff.

Most of the arrested workers were held in local jails. The suit notes that other raids have seen detainees transferred for detention far from attorneys, making it difficult to work on their cases.

An attorney who interviewed detainees learned that Agriprocessors obtained false identification for immigrant workers, improperly withheld money from employees' paychecks for "immigration fees," did not allow workers to use the restroom during 10-hour shifts, physically abused workers and didn't compensate them for overtime work, according to the lawsuit.

As victims of alleged crimes, the workers would be eligible for certain visas that would let them gain legal status, the suit said. Some of the arrested workers have spouses and children that are U.S. citizens and could be eligible for immigration relief because of their family ties, according to the suit.

[Froufrou]

Comments ping.

[North Coast Conservative]

Mexican Constitution?

[Slapshot68]

“The lawsuit accuses the government of arbitrary and indefinite detention.”

I tried that with a state trooper one time when I got pulled over speeding....you know that everyone else on the road was speeding so why did I get pulled over?

Didn’t work.

[org.whodat]

An attorney who interviewed detainees learned that Agriprocessors obtained false identification for immigrant workers, improperly withheld money from employees' paychecks for "immigration fees," did not allow workers to use the restroom during 10-hour shifts, physically abused workers and didn't compensate them for overtime work, according to the lawsuit.

As victims of alleged crimes, the workers would be eligible for certain visas that would let them gain legal status, the suit said. Some of the arrested workers have spouses and children that are U.S. citizens and could be eligible for immigration relief because of their family ties, according to the suit.

Bottom feeder attorney tries scam law suit,. If he has a case it is civil and against the employer and can be handled for his clients, if he has any while they are at home in Mexico.

[Slapshot68]

By the way...wait until the slimeball lawyers start claiming that illegals were “racially profiled.”

[ASA Vet]

It seeks to prevent the government from moving the arrested workers out-of-state as their cases wend through the system.

If they're illegal invaders, they have no case. Provide them free flights back across the border.

[Tex Pete]

GTFO

[Froufrou]

This kind of thing really burns my toast. Here we are paying the [probably] welfare and food stamps for their bastard children AND they’re working AND sending the dinero home to Mexico.

Deport ping.

[NormsRevenge]

I’m trying to think of a reason they should be afforded any special consideration... and drawing a blank.

It is not the fault of the law enforcement that so many were picked up in one locale.

How the detained are held or routed should not be an issue.

[Froufrou]

I wonder if they coat-tailed this after the sect raid fraccas re: separating women, kids and lawyers...?

The numbers are pretty close, ya know?

[YOUGOTIT]

How does an illegal have any rights? And our tax money is paying the anti-American lawyers big money for their crap.

[contemplator]

By the way...wait until the slimeball lawyers start claiming that illegals were “racially profiled.”

You are probably right. As if there are a lot of elderly Japanese women who are sneaking in from Mexico and INS is only picking on people who look Mexican.

[NormsRevenge]

They should be so lucky they get treated like legal residents aka the FLDS folks detained and separated in Texas.

Must have really put a strain on the liberal lawyer support network.

[Froufrou]

I think there is a very large part of the population that actually believes the only way the world can survive is to globalize everything.

Of course, that won’t work because there are too many power grabbers. Many in office.

[contemplator]

This is my favoritye part of the whole thing -

An attorney who interviewed detainees learned that Agriprocessors obtained false identification for immigrant workers, improperly withheld money from employees' paychecks for "immigration fees," did not allow workers to use the restroom during 10-hour shifts, physically abused workers and didn't compensate them for overtime work, according to the lawsuit.

I am hoping this leads to a massive criminal trial directed at the employers and the result will be prison sentences. Hopefully it would open the door to further actions against the employers of illegal aliens.

[contemplator]

This is my favorite part of the whole thing -

An attorney who interviewed detainees learned that Agriprocessors obtained false identification for immigrant workers, improperly withheld money from employees' paychecks for "immigration fees," did not allow workers to use the restroom during 10-hour shifts, physically abused workers and didn't compensate them for overtime work, according to the lawsuit.

I am hoping this leads to a massive criminal trial directed at the employers and the result will be prison sentences. Hopefully it would open the door to further actions against the employers of illegal aliens.

[Myrddin]

They are illegally in the country. They have NO right to work here, thus NO "worker's rights". Nearly all have committed identity theft and fraud to be hired. Any U.S. citizen doing the same would be prosecuted on felony charges. Fingerprint them and make them ineligible to enter the United States for 10 years. Deport them to their country of origin.

[muggs]

This kind of thing really burns my toast. Here we are paying the [probably] welfare and food stamps for their bastard children AND they’re working AND sending the dinero home to Mexico.

What I read yesterday said thy were from north of the border. No matter where they are from, if they are not here legally they need tom be deported.

[Myrddin]

The employers need to be prosecuted for any mistreatment and massively fined because they knew they were illegally employing illegal aliens. The punishment for employing illegals needs to be so significant that there is no incentive to hire them.

[mountainlion]

What rights does an illegal have? I do not think they have any Constitutional rights.

[johnthebaptistmoore]

How does Bob Barr feel about this with him being a member of the ACLU (an entity that practices favoritism towards illegal immigrants) as well as a candidate for POTUS for the Libertarian Party (pro-open borders and many members are also pro-amnesty toward illegal immigrants) who has said that he would be strict towards all illegal immigration problems?

[contemplator]

In providing the employees with forged documentation they opened themselves up as accessories to a federal crime (illegal immigration is a federal offense) and charges of aiding and abetting, not to mention any criminal charges for mistreatment and defrauding their employees. I would love to see this company shut down and the Excutives and HR Director go to prison. This is the perfect opportunity for the Administration to send a clear message to those who employ illegals.

[1rudeboy]

False. Criminals have rights. Don’t blame me, it’s just a fact.

[massgopguy]

They have the right to a Deportation Hearing, followed by Deportation.

[Dante3]

Illegal aliens have no rights since they should not even be in this country. The Constitution applies to Americans, not to the entire population of the world.

[vpintheak]

Just exactly what Constitutional rights do non-citizens have? Oh, and if it is so hard on those poor illegals, and the companies are treating them so, so bad, they can gladly get the heck out of my Country!

[Froufrou]

I’m afraid the Constitution extends to our visitors, too, whether or not they are legally present.

[Froufrou]

“Air transport.” I love it!

[mountainlion]

The Constitution grants few rights to visitors. Illegals have fewer rights. They have a right to be sent home. They have no rights here and should be sent home.

[WildcatClan]

Visitors perhaps, illegal invaders, no. To say constitutional rights are extended to illegals is to stretch the 6th and 14th considerably and apply a very liberal interpretation to intent and meaning. Why would it be assumed that certain constitutional rights apply to illegals when no where in the constitution are illegals mentioned? One amendment does not specifically mention illegals so therefore that right applies to them? If the constitution is applicable to them then they have a right to vote and to bear arms. I think they have a right to due process and a hearing before they are deported and that is about it. In this particular case I do not see that any rights were violated. You can't, for example, expect to win a lawsuit against a bank because you tripped on your way out from robbing it. If the Constitution is not clear to some then an amendment needs to be written that closed the holes and why not take anchor babies of the table while we are at it.

The United States shall guarantee to every state in this union a republican form of government, and shall protect each of them against invasion; and on application of the legislature, or of the executive (when the legislature cannot be convened) against domestic violence.

[Froufrou]

I agree with you, but apparently the lawyers think they can make and case and that’s $ signs in their eyes.

We’ll see what happens.

[gubamyster]

ping

[1rudeboy]

One interesting way of looking at it is, say an illegal immigrant burns down your house . . . are you entitled to recourse in a court of law? Should he face criminal charges? Or should he just be sent home because he has no rights?

And if he gets sent home because he has no rights, what just happened to yours?

[Kimberly GG]

I wonder if the employer knew the illegal employees they provided with false id’s were running a meth lab?

If true and this company doesn’t go down for supplying false identifications to illegal aliens, I doubt we will ever see any employers prosecuted.

From their website:

“We are devoted to our customers and are committed to following and upholding the federal, state, and local laws and regulations governing our business.”

[mountainlion]

If someone burns down my house I go after him under criminal law not Constitutional law. They have done worse just for a free trip home. The now governor of Colorado was district attorney of denver and turned loose 98% of the illegals to rape, murder and commit other crimes.

[woofer]

I tried that with a state trooper one time when I got pulled over speeding....you know that everyone else on the road was speeding so why did I get pulled over?

Didn’t work.

Same thing happened to me!

Luckily, after my 'splaining fell upon deaf ears, I called his shift commander, a personal friend, and used the back door to get out of the ticket.

[Froufrou]

Yeah. No telling.

[Froufrou]

Why would it be assumed that certain constitutional rights apply to illegals when no where in the constitution are illegals mentioned?

I appreciate your posts. I agree, too. FRegards, FRou

[eyedigress]

The suit notes that other raids have seen detainees transferred for detention far from attorneys, making it difficult to work on their cases.


Agriprocessors obtained false identification for immigrant workers, improperly withheld money from employees' paychecks for "immigration fees," did not allow workers to use the restroom during 10-hour shifts, physically abused workers and didn't compensate them for overtime work, according to the lawsuit.

There is not a place in this country where a lawyer won't accept this job. While I don't accept illegals with no documentation, I am even more harsh on modern indentured servants