Skip to comments.Idaho Suit Over Illegal Immigration Tossed
Posted on 12/14/2005 3:56:10 PM PST by NormsRevenge
BOISE, Idaho - A federal judge on Wednesday tossed out a southwest Idaho county's lawsuit against local employers accused of hiring illegal immigrants an attempt to recoup money the county says it has spent on the workers.
The judge said the county's claimed higher expenses for social services were simply the costs of being a government entity.
The lawsuit marked the first time a government tried to use the federal Racketeering and Corrupt Organizations Act to demand damages from businesses for the costs of allegedly illegal employees.
Canyon County filed the lawsuit in July against four businesses: Syngenta Seeds, Sorrento Lactalis, Swift Beef and Harris Moran Seed, as well as against the former director of the nonprofit Idaho Migrant Council.
The four companies, which together employ hundreds of people in Canyon County, were accused of knowingly hiring hundreds of illegal immigrants, partly through agreements with worker recruiting companies.
County commissioner and congressional candidate Robert Vasquez had championed the lawsuit as part of his battle against illegal immigration in Idaho.
Canyon County is largely agricultural and many of its Latino residents work in that industry. About 19 percent of the county's 131,000 residents identify themselves as Hispanic, according to the U.S. Census Bureau.
"The judge said the county's claimed higher expenses for social services were simply the costs of being a government entity. "
I hear ya.
I'm missing the Judge's name myself.
Looks like a company(s) that RICO statutes might apply to?
U.S. District Judge Edward Lodge has been a judge in Idaho for 37 years and was appointed to the U.S. District Court bench in 1989. He presided over the Ruby Ridge trial and the Claude Dallas trial and is the judge for the Coeur d'Alene Basin natural resource damage case, the largest Superfund case ever to go to trial.
The Commissioner deserves a pat on the back for trying. Good for him!!
Wait a minute, back up the truck! Why is it that private industry always has to pay for the government's ineptness? As a farmer trying to make a living, is it my fault the government is unable or unwilling to secure the borders? When a prospective employee presents me with a SS card and fills out an I9 my responsibility ends until and unless I am informed that the SS# given me is invalid. I am trying to run a business, I am not a private detective. RICO my ass!
I wonder if this judge would say the same about corrupt judges conducting illegal activities?
They have a number you can call to check the validity of the Social Security number provided by the worker.
Call it insurance. Your other points are valid, but..
Thanks for the Judge info.
I could hear the sigh or relief from the employers that hire illegal immigrants, all the way from Reno.
Take the money out of the judge's budget and tell him it's just the cost of being a judge.
Clearly the suit was asking the court to become activist and do what the legislative and executive branch had not done.
It will be interesting to see who is or is not for judicial activism.
Yes they have a number to call. But as you can see from the information below, if the employer denies employment soley because the SS says it doesn't match their data base, the employer is opening themselves up for the possibility of a discrimination lawsuit. It isn't as clear cut as it appears and to lay it on the farmer who is out busting his ass irrigating until midnight is just flat out wrong. If the SS gets a number they don't recognize then they can research it. But if Charles says his name is Chuck and the system doesn't recognize him, I am settimg myself up if I terminate him on that basis. The system is broken but the answer is not to come down on the employer IMHO.
However, if your name and SSN, as shown on your Social Security card does match the information shown on your Form W-2, contact your local Social Security office or call 1-800-772-1213 to find out why our records do not match what was reported for you by your employer.
Copied from the SS web site:
The information your employer received from Social Security does not imply that you intentionally gave incorrect information about your name or SSN. It is not a basis, in and of itself, for your employer to change your job, lay you off, fire you or take other action against you. If you think that any action against you based on the information your employer received from Social Security is related to labor union activities or union organizing activities, you may contact the National Labor Relations Board (NLRB), an agency of the U.S. government (http://www.nlrb.gov).
If you think that any actions against you are related to your race, color, sex, religion or national origins, you may contact the Equal Employment Opportunity Commission (EEOC). Check your local directory for the telephone number of the nearest NLBR or the EEOC offices in your area. If you have questions or concerns about unfair practices by your employer that may be related to your national origin or citizenship status, you may call the Office of the Special Council for Immigration-Related Unfair Employment Practices toll free at 1-800-255-7688 or 1-800-237-2515 (TDD for the hearing impaired). Within the Washington, D.C. metropolitan area, call (202) 616-5594.
I understand what you are saying. It is a mess as you describe it.
Are you with one of the firm's being sued or have a smaller scale operation ?
I take it you won't be supporting Vasquez in the election to Congress.
No, I am not with them at all. I am a much smaller farmer in California. What little I know of Vasquez is that he is running on the anti-immigration issue. Actually, I strongly support a well run guest worker program.
I have dirt in my veins as well. Good luck.
Thanks Norm..God Bless
May I ask what you farm?
The only guest workers I support are 1-2 million for agriculture and food processing. The rest of the illegal aliens should be sent packing via enforcement of employer sanctions. A new law should be in place where employers have to verify prospective employees on an SS# database. We also need a Israeli style fence on the Mexico border
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