Federal class-action lawsuit filed in immigration raid
Federal class-action lawsuit filed in immigration raid
By AMY LORENTZEN | Associated Press Writer
10:05 AM CDT, May 16, 2008
DES MOINES, Iowa - Attorneys have filed a federal class-action lawsuit on behalf of an unspecified number of immigrant workers arrested this week during a raid at a meatpacking plant in Postville.
The lawsuit names the Immigration and Customs Enforcement Division and several government officials including Homeland Security Secretary Michael Chertoff. It was filed Thursday in U.S. District Court for the Northern District of Iowa.
The lawsuit was filed on behalf of an estimated 147 detained immigrant workers and names three of the petitioners: Antonin Trinidad Candido, Roman Trinidad Candido and Maria del Refugio Masias.
The U.S. attorney's office said Monday's raid at the Agriprocessors Inc. meatpacking plant was the largest single raid in U.S. history, resulting in nearly 400 arrests. A spokesman for the office said he couldn't comment on pending litigation.
The lawsuit alleges that government agencies and officials violated the immigrant workers' constitutional rights. Those rights include the right to due process, which includes protections from arbitrary prolonged and indefinite detention. The suit also states that their rights to consult with counsel have been violated, among other claims.
Most of the immigrant workers are being held at local jails. In the suit, lawyers are trying to prevent the workers from being transferred out of the state, which has happened with immigrants who have been arrested in similar raids.
The lawsuit claimed that such transfers "would interfere with and effectively destroy the ongoing relationship between detainees and their attorneys." It said the transfers would also deprive the detainees of their rights to present witnesses and evidence and of their right to pursue legal action against Agriprocessors for violating federal laws.
The lawsuit claims that a senior Immigration official said the raid was undertaken, in part, because there was evidence that the company violated federal wage and labor laws and undertook criminal enterprises that violated racketeering laws.
One attorney has interviewed detainees and, according to the lawsuit, 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.
It claimed that as victims of alleged crimes, the immigrant workers would be eligible for certain visas that would let them gain legal status. It said if they are transferred from Iowa, they would be deprived of their rights under the Crime Victims' Rights Act.
"As victims they would need to participate in the investigations of the alleged crimes and may be needed to testify as to personal experiences," the lawsuit said.
It also claimed that some of the detained workers have spouses and children that are U.S. citizens, and could be eligible for Immigration relief because of their family ties.
The lawsuit noted that a number of immigrant workers' children have been stranded with baby sitters and other caretakers as a result of the raid, and that transferring the parents of the children would hamper the process of lawyers and advocates who are working to help those children.
It said Maria del Refugio Masias, one of the petitioners who is the mother of two young children, and her husband, were both detained and have not been told the whereabouts of their children. Transferring them and other detained workers with children out the state would cause undo hardship for the families, the lawsuit said.
Telephone messages left for those who filed the lawsuit, the Peck Law Firm and the Dornan & Lustgarten firm, both of Omaha, Neb., weren't immediately returned.
http://www.chicagotribune.com/news/chi- ... 6281.story
In lawsuit, detainees allege abuse by company
In lawsuit, detainees allege abuse by company
BY GRANT SCHULTE • gschulte@dmreg.com • May 16, 2008
Immigrant workers detained during this week’s Agriprocessors Inc. meatpacking raid in Postville allege that the company withheld pay for what it called “immigration fees,â€
IA: Suit: Packing plant raid violated workers' rights
Published Saturday May 17, 2008
Suit: Packing plant raid violated workers' rightshttp://omaha.com/index.php?u_page=2798&u_sid=10337061
DES MOINES (AP) — The nation's largest single immigration raid, resulting in nearly 400 arrests, violated the constitutional rights of workers at a meatpacking plant, according to a federal lawsuit filed Friday.
The lawsuit requests class-action status on behalf of an unspecified number of immigrant workers arrested Monday during a raid at the Agriprocessors Inc. plant in Postville, Iowa.
It names the Immigration and Customs Enforcement Division and several government officials including Homeland Security Secretary Michael Chertoff. It was filed Thursday in U.S. District Court for the Northern District of Iowa.
The lawsuit was filed on behalf of an estimated 147 detained immigrant workers and names three of the petitioners: Antonin Trinidad Candido, Roman Trinidad Candido and Maria del Refugio Masias.
The U.S. Attorney's Office called the raid the largest single immigration raid in U.S. history. A spokesman for the office said he couldn't comment on pending litigation.
The lawsuit alleges that government agencies and officials violated the detainees' constitutional rights and accuses the government of arbitrary and indefinite detention. The lawsuit also states that the immigrant workers' rights to consult with counsel have been violated, among other claims.
Most of the detainees are being held at local jails. With the lawsuit, lawyers are trying to prevent the workers from being transferred out of the state, which has happened with immigrants who have been arrested in similar raids.
The lawsuit claimed that such transfers "would interfere with and effectively destroy the ongoing relationship between detainees and their attorneys." It said the transfers would also deprive the detainees of their rights to present witnesses and evidence and of their right to pursue legal action against Agriprocessors for violating federal laws.
The lawsuit claims that a senior immigration official said the raid was undertaken, in part, because there was evidence that the company allegedly violated federal wage and labor laws.
One attorney has interviewed detainees and, according to the lawsuit, alleges 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.
The lawsuit claimed that as victims of crimes, the immigrant workers would be eligible for certain visas that would let them gain legal status. It said that if they are transferred from Iowa, they would be deprived of their rights under the Crime Victims' Rights Act.
It also claimed that some of the detained workers have spouses and children who are U.S. citizens and could be eligible for immigration relief because of their family ties.
The lawsuit noted that a number of the detainees' children have been stranded with baby sitters and other caretakers as a result of the raid, and that transferring the parents would hamper the process of lawyers and advocates who are working to help those children.
A hearing on the lawsuit was scheduled for Tuesday morning in Cedar Rapids. Also on Tuesday, a subcommittee of the House Committee on Education and Labor will discuss ICE workplace raids and their effect on U.S. children, families and communities.
Telephone messages left for the lawyers who filed the lawsuit weren't immediately returned.
