http://www.chron.com/disp/story.mpl/front/5870369.html
attorney speaks on video

July 3, 2008, 11:24PM
Defendants in ICE raid case appear in court


By JAMES PINKERTON
Copyright 2007 Houston Chronicle
Comments (61)

The owner, an employee and an ex-employee of an eastside Houston clothing and rag exporting company posted bail Thursday on charges of harboring and hiring undocumented workers. Defense attorneys said the prosecution was fallout from the politically charged debate over immigration.

At a hearing at the federal courthouse in Houston, U.S. Magistrate Calvin Botley ordered the release of Mabarik Kahlon, 45, owner of Action Rags USA, and ex-employee Rasheed Ahmed, 58, after they each posted a $50,000 bond.

Immigration agents last week detained 166 undocumented workers at the Action Rags USA plant at 1225 Port Houston. Most of the workers arrested were women, and so far Immigration and Customs Enforcement has released 74 for humanitarian reasons such as being sole caregivers. ICE officials could not say how many of the remaining workers are being detained or were removed from the U.S.


'A political issue'
The judge noted two undocumented company managers from Mexico — manager Cirila Barron, 38, and warehouse supervisor Mayra Herrera-Gutierrez, 32, — have immigration detainers lodged against them, allowing them to be held by ICE and making them ineligible for bail.

A fifth defendant, Valerie Rodriguez, a 34-year-old Houston native who is the Action Rags resource manager, was released on a $50,000 bond.

''This is a political issue," said Paul Nugent, who is representing Rodriguez. ''Any employer, whether it's a homeowner, a small restaurant, a mom-and-pop grocery store, a big corporation, is subject to this kind of prosecution. The fact that there's been arrests doesn't mean that anyone broke the law."

Nugent expressed concern that the government's case relies on evidence gathered by informants. ''An agent with a gun and badge can get an informant to say anything," he said.

Action Rags was reported to a Department of Homeland Security tip line in July 2005 by a person who said the company employed undocumented workers.

ICE agents directed a confidential source to enter Action Rags, posing as an undocumented worker, according to court documents. The source, who audiotaped company owners and managers, told ICE investigators about illegal hiring practices at the plant.

David Gerger, who represents Kahlon, won the magistrate's permission to allow his client to travel in the continental U.S. for his vitamin supplement business.

''Immigration is a very political issue, and until it is solved politically any employer is at risk — big or small," Gerger said after the hearing. ''We'll be pleading not guilty and contesting these charges."


Court appearance Tuesday
Ahmed's attorney said the government was mistaken when it said on Wednesday that his client was both Kahlon's uncle and business partner, explaining he was a friend who worked at the company for a brief time.

''I'd like to point out my client was not working at Action Rags at the time of the raid," said Matt Hennessey. ''He worked at Action Rags for only three months in 2007, and he had to quit because of his advanced Parkinson disease."

Robert Rutt, special agent in charge of ICE criminal investigation in Houston, declined to comment on the issues raised by defense attorneys, noting it was an ongoing case.

Botley ordered all five defendants to appear Tuesday for a preliminary hearing in the case.

james.pinkerton@chron.com