Thread: Illegal immigrants being fired in face of federal crackdown

Illegal immigrants being fired in face of federal crackdown
Monday, January 21, 2008
BY BRIAN DONOHUE
Star-Ledger Staff

For six years, Modesto Roque went to work at the sprawling Silver Line window factory in North Brunswick -- a union job with health insurance and wages that started at $7.50 an hour and rose to $9.25.

No one, he says, ever asked about his Social Security number, a bogus ID he used to get hired in 2001.

Roque says a former co-worker at another job gave him the number to use when he first arrived in the country. "I don't know if it's false or illegal," he said. "But I applied (at Silver Line), they accepted it and I was off and working."

But Roque's cover was blown last year when the company was sold and the new owners, Andersen Corp., began auditing personnel records and discovered his Social Security number did not match any on file with the federal government. Roque was given two months to fix his paperwork -- an impossibility, he says, given his status as an illegal immigrant -- and was fired in November.

In all, more than 230 workers at the Middlesex County factory have been fired in the past three months as part of the audit, according to the union that represents them, Teamsters Local 97.


'THIS IS THE FUTURE'

The Silver Line firings are part of a growing trend in which employers are purging unauthorized workers to avoid a fledgling immigration crackdown by the U.S. government, according to immigration attorneys and experts.

"I think this is the future," said Cynthia Lange, a San Francisco immigration attorney whose firm, Fragomen, Del Rey, Bernsen & Lowey, has offices in New York and Iselin. "Companies are looking internally and they want to be the first ones to look at it before they are like sitting ducks."

The number of workplace raids and prosecutions remains small and there have been no recent major prosecutions of employers in New Jersey, home to an estimated 430,000 illegal immigrants. Nonetheless, cases like the 2006 sweep of six Midwestern meat processing plants in which managers of the Colorado-based Swift & Co. were charged criminally, have struck fear in the hearts of employers -- especially companies like Andersen, with name brand reputations at stake.

Andy Carr, director of marketing at Silver Line's Route 1 plant, would not divulge how many people have been fired by the company, which bills itself as the nation's largest manufacturer of vinyl replacement windows and patio doors. However, he did say, "there's a good chance that if we found someone with a mismatch, if we were required by law to let them go, we would do so."

The firings also have offered a glimpse of how unions, workers and employers might adapt to a new business climate in which authorities no longer ignore illegal immigrant labor, as they have largely done for years.

Silver Line must replace scores of skilled workers, some of whom worked at the factory as long as 17 years. On the streets of Plainfield and New Brunswick, workers recently were passing out handbills with the Silver Line logo reading "Now Hiring" and touting perks like restaurant discounts and free movie passes.

The Teamsters Union, meanwhile, has filed a grievance to get the workers rehired or compensated for the firings -- a delicate political stance for a union whose members often accuse illegal immigrants of stealing jobs from U.S. citizens.

And life has gotten tougher for the workers.


MORE RAIDS AND AUDITS

Roque and others say most have found work through industrial temp agencies that hire workers out to warehouses and factories. But the work is unsteady, a day or two at a time, at lower wages than they were paid at Silver Line, with no health insurance.

"I'm just surviving a while until I find something better," said one fired worker, an illegal immigrant from Mexico who said he worked at the company for six years as a licensed forklift operator.

Studies show most illegal immigrants find work using Social Security numbers that are either stolen, purchased, borrowed, taken from dead people or simply invented.

In August, The U.S. Department of Homeland Security announced a new plan to notify employers with large numbers of workers whose numbers do not match records -- 138,447 companies nationwide -- that they must fire the workers within 90 days. In New Jersey, 4,767 companies were slated to receive the letters.

Previously, employers who received so-called "no match letters" were not required to take any action.

The American Civil Liberties Union, the AFL-CIO and other labor groups sued to stop the letters. A federal judge has prohibited the government from sending the letters until the legal battle is over.

In the meantime, the DHS has vowed to step up enforcement and increase the number of workplace raids and audits.

"I advise all employers, yeah, get your house in order," said Dave Whitlock, an Atlanta-based immigration attorney.

For Silver Line, getting its house in order has sparked a new battle with the Teamsters, who have filed a grievance to win the workers' jobs back, or at least a severance package. President John Gerow said more than 200 of the 1,922 Silver Line workers the union represents have lost their jobs.

"These people established themselves, bought houses, kids born here, going to American schools. It's bizarre," said Gerow. "There has to be, for that guy who has 17 years, or 12 or eight, an office or somewhere to go to say "give me a year to rebound. Give them some latitude."


EMBRACING THE 'ENEMY'

The decision by the Teamsters local to challenge the firing illustrates a larger shift on the part of organized labor, which once saw illegal immigrants as the economic enemy.

Today, unions like the Teamsters increasingly see immigrants -- legal or not -- as the most fertile ground for boosting membership.

Gerow, however, sees it more simply. These men paid their dues and worked hard for years, he says, and deserve more than just being fired with no compensation.

"It's based solely on my moral values," he said of his decision to fight for the workers' jobs. "They paid me with no hesitation and when the leopard changes its spots, they become victimized."

He adds: "The guy who hired these guys didn't give a (expletive) who they were as long as they came to work."

Supporters of tougher immigration laws are cheering the move by Silver Line and other companies, saying the federal crackdown on employers is one of the most important steps in reducing the nation's illegal immigration population, currently estimated to be about 12 million.

Mark Krikorian, executive director of the Center for Immigration Studies, a Washington, D.C., think tank that lobbies for lower immigration levels, says his biggest concern is the federal government's new tougher stance will peter out after the November presidential election.

If the crackdown continues, Krikorian said, he's hopeful illegal immigrants like Roque will eventually find things so tough they'll decide to go back to their home countries.

"That's ultimately the goal," he said. "It's not something that's going to happen right away. It needs to gain momentum. And we are beginning to see movement."

Brian Donohue may be reached at bdonohue@starledger.com or (973)392-1543.

http://www.nj.com/news/ledger/index.ssf ... thispage=1

It's about time!

That's good news!! I wonder what they do when they find they have someone elses ss#? Hopefully they are prosecuted for identity theft.

I love how the guy acts like he is a victim. I kind of wonder how many dependents he put down. Maybe we can get him for tax evasion too

I'm sooo fed up with liberal judges and unions. It's past time for Illegals to stop breaking our laws daily and go home.

Thanks for sharing.

While I applaud Andersen for taking a responsible and proactive approach to deal with illegal workers, not everyone is behaving as responsibly in trying to 'clean-up' such illegal employment. The following is a huge disappointment:

The Teamsters Union, meanwhile, has filed a grievance to get the workers rehired or compensated for the firings -- a delicate political stance for a union whose members often accuse illegal immigrants of stealing jobs from U.S. citizens.

This is tangentially related, so I'll post a link to just let you all know about it:

http://www.alipac.us/ftopict-97100-mexi ... rucks+roll

Roque says a former co-worker at another job gave him the number to use when he first arrived in the country. "I don't know if it's false or illegal," he said. "But I applied (at Silver Line), they accepted it and I was off and working."
-------------------------------------------------------------------------------

Ignorance is no excuse under the law, until it comes to illegals and their employers.

Why should we feel sorry for Roque, he's the one that made the decision to come here and raise a family illegally, now that he got caught were the bad guys. And for 17 years on the job (union job) can you imagine that job position was taken from a citizen from our country, so what if he paid taxes and all, he needs to be deported he needs to deal what the consequence that he made not us. I'm tired of being blame for something they decided to do, like i'm suppose to feel sorry for him, did he feel sorry for the job he took from american citizen for 17 years, he thought he got over, people that cross the border don't even fear our laws anymore, they just come and plant their selfs wherever and whenever they please, and this is a perfect example of what they are doing, I see this happening everwhere I go in my town, I tired of my child getting pushed out the back door to leave room for the illegal kids in terms of education, government service like welefare, housing (section , low income apartment, now I ask myself how many of Amecian citizens beneifit from these programs, I say about 80% of illegals are,
and to top it off probably more then half of them don't even pay taxes. I'm just fed up seeing all this happening right in front of my face, and feel powerless.



Aggie
San Jose, CA

The unions want them rehired or to be given a severence package! They are illegally here to begin with! Why should they be given anything at all! They should be grateful they are not thrown in jail. It just also shows that these people stay here forever. This man was here for 17 years! Cut off their job magnate stop giving them federal aid and they will have no other alternative but to leave. I'm so happy to hear that different states are cracking down now. I live in Los Angeles, the illegal capitol of the world. My goal is to get rid of our Mayor Antonio Villarigosa and replace him with Walter Moore. He is tough on illegal immigration. It's time to do this city by city, state by state!

He adds: "The guy who hired these guys didn't give a (expletive) who they were as long as they came to work."

And you sir didn't give a (expletive) who they were as long as you were able to collect dues from them!!

a union job with health insurance and wages that started at $7.50 an hour and rose to $9.25.

A union job that pays a measly $7.50 to $ 9.25 an hour living in New Brunswick!! Just another fine example of "Corporate Welfare"! This guy was getting paid peanuts and being subsidized by the American taxpayer!!

Roque and others say most have found work through industrial temp agencies that hire workers out to warehouses and factories.

More examples to throw in the face of the Farm employers who are constantly complaining that they do not have enough foreign workers!!!

You don't have any workers DUMASS because they are all working at manufacturing plants across the country! They are making more working in these plants than picking your crops for $5. 50 an hour!

It is truly sad that whatever manufacturing plants are left in this country are all being staffed by Illegals, all because of GREED!!!!!!!!!!!

For six years, Modesto Roque went to work at the sprawling Silver Line window factory in North Brunswick -- a union job with health insurance and wages that started at $7.50 an hour and rose to $9.25.

You cannot LIVE in North Brunswick or nearby for $7.50-$9.25 an hour! Not unless you live 10-15 to a house. That job used to pay close to $20 an hour before the illegals got it.

I agree Miguelina. You can't live in New Jersey making $9.25 an hour.

They must be living with other illegals. They don't pay taxes and ours are some of the highest in the nation.

They should send the letters out now. It would save our much needed tax dollars.

The sob story should be for the TAXPAYERS OF NJ AND THE NATION!