http://www.grandforks.com/mld/grandfork ... 897459.htm

Posted on Fri, Feb. 17, 2006


Fargo restaurant shut down after investigation


Associated Press

FARGO, N.D. - The owner of a restaurant closed after an investigation by state and federal agencies says he had no knowledge of any illegal workers.

Ten people at the Acapulco restaurant were arrested Wednesday by the Border Patrol on suspicion of being illegal aliens, said Tim Counts, a spokesman for the federal Immigration and Customs Enforcement office. Officials said five of the 10 are restaurant workers and the others either were inside the business or showed up shortly after agents arrived. They said three tried to run from Border Patrol agents.

The restaurant's owner, Martin Gutierrez of Fargo, released a statement late Thursday after flying home from Mexico, where he had been on a visit.

"The owner would like to state that to the best of his knowledge, his workers were documented with every legal right to be in this country," the statement said.

Gutierrez said four of the 10 arrested had been released.

The restaurant was closed after the arrests.

"The manager decided to close it because he didn't have any cooks," said Mark Armstrong, a spokesman for Workforce Safety and Insurance, the state workers' compensation program that is investigating the restaurant for failure to pay premiums.

It appears Acapulco never made payments on behalf of workers, Armstrong said.

"Our agency is concerned that employers have coverage," he said.

Border Patrol, Workforce Safety, and Immigration and Customs Enforcement officials said they joined in the sting after getting a tip that illegal immigrants were working at the restaurant.

Counts said new employees must provide documentation proving their identity and work status. Employers who fail to verify or disregard a worker's status can face fines or criminal charges, he said.

"When 10 people are arrested in one area, we generally look deeper," he said.