Thread: Agriprocessors Immigration raid lawsuit voluntarily dismisse

Wednesday, July 9, 2008 2:40 PM CDT
Immigration raid lawsuit voluntarily dismissed

DES MOINES (AP) — A federal lawsuit that claimed a major immigration bust at a kosher meatpacking plant in northeast Iowa violated the rights of detained workers has been dismissed at the request of the attorneys who filed the action.

Nearly 400 people were arrested as a result of the May 12 raid at Agriprocessors Inc. in Postville. U.S. attorney’s officials called it the largest single immigration raid in the nation’s history.

The lawsuit, filed on behalf of detained workers, named the Immigration and Customs Enforcement Division and several government officials, including Homeland Security Secretary Michael Chertoff.

It was filed in U.S. District Court for the Northern District of Iowa just days after the raid, and requested class-action status on behalf of an unspecified number of workers. The lawsuit named three of the petitioners: Roman Trinidad Candido, Antonin Trinidad Candido and Maria del Refugio Masias.

The lawsuit alleged that government agencies and officials violated the detainees’ constitutional rights, accusing the government of arbitrary and indefinite detention. It said that the immigrant workers’ rights to consult with counsel had been violated, among other claims.

The workers’ lawyers were trying to prevent them from being transferred out of the state, which has happened with immigrants who have been arrested in similar raids.

[b]Joshua Weir, with the Peck Law Firm in Omaha, Neb., one of the firms representing the workers, said the action was dismissed July 1 because the demands of the lawsuit were met. That included keeping the detainees in the area so they would have access to their attorneys and be closer to their families.

"The goals of the case were met when we reached an agreement with the government wherein they would keep those that were administratively detained within the Iowa jurisdiction," he said.

A request for comment from the U.S. attorneys office wasn’t immediately returned.

The lawsuit claimed 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.

According to the lawsuit, one attorney who interviewed detainees said 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 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.

A spokesman for Agriprocessors said the company is watching the developments, but wouldn’t comment on the lawsuit.

http://www.wcfcourier.com/articles/2008 ... 044332.txt

According to the lawsuit, one attorney who interviewed detainees said 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 if they are transferred from Iowa, they would be deprived of their rights under the Crime Victims’ Rights Act.

VICTIMS? LOL, where is their proof? They got caught working illegally in the US using fake or stolen ID. That makes them criminals, not victims. They got paychecks, let's see what taxes were witheld?

No way should they get eligible for those visas! REMOVE them for processing and DEPORT.

They have rights. Now the government should check for all social services they received, SS# used and let the person or estate sue for damage done. Where they driving without DL or insurance? Throw the book at each and everyone of them. Let them understand what happens to U.S. Citizens. Welcome to America and the American way not illegal alien way.