Thread: Ex-Security Official Says She Did Not Question Housekeeper

Ex-security official says she did not question housekeeper

Lorraine Henderson was in federal court on a charge that she encouraged an illegal immigrant to remain in the country.

(Josh Reynolds for The Boston Globe)
By Shelley Murphy
Globe Staff / March 20, 2010

A former top official for the US Department of Homeland Security testified yesterday that she did not question her Brazilian housekeeper about her immigration status, despite a colleague’s warning that the immigrant was in the country illegally.

“I didn’t think we had the authority to ask her if she was legal,’’ said Lorraine Henderson, taking the stand during her trial in federal court on a charge that she encouraged an illegal immigrant, the housekeeper, to remain in the country.

Henderson, 52, who was suspended without pay from her job as Boston area port director for Customs and Border Protection after her arrest 15 months ago on the charge, told jurors that she did not believe she had done anything wrong.

It is not a crime to hire an illegal immigrant to perform occasional domestic work, but it is a felony to encourage or entice that person to stay in the United States.

Henderson said she did not know that Fabiana Bitencourt had paid $10,000 to be smuggled into the country in the summer of 2001 when she hired her in March 2004 to clean her two-bedroom Salem condominium.

She said she paid Bitencourt $75 per cleaning about twice a month between 2004 and 2008, and referred her to a neighbor and co-worker, Nora Ehrlich.

But Ehrlich warned her in December 2005 that she had fired Bitencourt, Henderson acknowledged. Ehrlich urged her to fire the housekeeper, too. Henderson said Ehrlich told her, “I think she’s illegal. I asked her if she had a green card and she started crying.’’

Henderson said she responded, “Is that it? Whatever.’’

Describing an office climate at the Homeland Security’s office on Causeway Street in Boston that was marred by childish behavior and personal squabbles, Henderson told jurors that she and other colleagues disliked Ehrlich and called her unflattering nicknames.

Henderson testified that she dubbed Ehrlich “Dora the Explorer,’’ and even kept a Dora doll in her office.

“I know it sounds really mean, but she was all over the place,’’ said Henderson, admitting that she ignored Ehrlich “a lot,’’ but regrets ignoring her warning about the housekeeper.

After learning in early 2008 that Henderson still employed Bitencourt, Ehrlich reported her to their superiors, triggering an internal affairs investigation that led to Henderson’s indictment.

During cross-examination yesterday, Assistant US Attorney Diane C. Freniere noted that Homeland Security guidelines prohibit employees from knowingly associating with illegal immigrants, yet Henderson continued to let Bitencourt clean her home for years after being warned by Ehrlich.

“Did it occur to you to say, ‘Hey, this isn’t a personal thing, I work for the government, are you here illegally?’ ’’ Freniere said.

“No,’’ Henderson said.

Henderson acknowledged that at the time, she was sitting on a national disciplinary review board that reviewed cases all over the country and recommended disciplinary action for Customs and Border Protection employees who broke the rules.

Bitencourt, 31, of Peabody, testified Thursday that she cooperated with agents after they showed up at her door in May 2008. She secretly recorded conversations with Henderson and helped gather evidence against her.

During a Sept. 9, 2008, meeting that was secretly recorded and played for jurors, Bitencourt told Henderson that she had an immigration problem and needed her help.

Henderson offered to talk to someone to find out what options Bitencourt had and told her, “Don’t leave . . . ’Cause once you leave, you will never come back,’’ according to the recording.

Yesterday, Henderson said she thought Bitencourt was mistaken, and that she was a legal resident because she had given birth to a baby, who was a US citizen, in February 2008.

“Immigration is obviously not my expertise,’’ said Henderson, adding that she later learned that giving birth to a baby in the United States doesn’t automatically make an immigrant a legal resident.

Henderson said she consulted a co-worker, who was an immigration specialist, about Bitencourt’s situation and that colleague told her in October 2008, “I have some bad news for you. You need to hire a new cleaning woman.’’

Henderson said the colleague, Cynthia Sutton, told her there was nothing Bitencourt could do to become a legal resident.

“I felt so bad having to fire her,’’ said Henderson, adding that she was upset because she knew Bitencourt had the baby.

Henderson said she planned to fire Bitencourt in November, but never had the chance because the housekeeper failed to show up at her home again.

Henderson said she was shocked when agents showed up at her home on Dec. 5, 2008, and arrested her. She was suspended from her $140,000-a-year job without pay.

She told jurors she is now earning $10.25 an hour working as a part-time cashier at PetSmart, and works as a dog walker and dog sitter.

“Do you have a cleaning woman now?’’ asked her attorney, Francis J. DiMento.

“No, I can’t afford it,’’ Henderson said.

http://www.boston.com/news/local/massac ... usekeeper/

She told jurors she is now earning $10.25 an hour working as a part-time cashier at PetSmart, and works as a dog walker and dog sitter.

“Do you have a cleaning woman now?’’ asked her attorney, Francis J. DiMento.

“No, I can’t afford it,’’ Henderson said.

I guess crime........and stupidity.........don't always pay.

“I didn’t think we had the authority to ask her if she was legal,’’ said Lorraine Henderson,

Ignorance of the law is not a defense.

Dixie

A former top official for the US Department of Homeland Security testified yesterday that she did not question her Brazilian housekeeper about her immigration status, despite a colleague’s warning that the immigrant was in the country illegally.

“I didn’t think we had the authority to ask her if she was legal,’’ said Lorraine Henderson,

DHS is in charge of immigration, yet this lady didn't know? If she didn't know that she was not qualified for the job. Can we get back the salary she was paid?

A former top official for the US Department of Homeland Security testified yesterday that she did not question her Brazilian housekeeper about her immigration status, despite a colleague’s warning that the immigrant was in the country illegally.

“I didn’t think we had the authority to ask her if she was legal,’’ said Lorraine Henderson, taking the stand during her trial in federal court on a charge that she encouraged an illegal immigrant, the housekeeper, to remain in the country.

I didn't think I had the authority to ask her if she was legal? She's either stupid or a terrible lier! Either way she has no business in a position of authority!

These are the people in charge of enforcing our immigration laws for goodness sakes!

This woman is lying through her nose about not knowing the law. Of course she did, and it was basically being above the law because of her position and getting a cleaning lady for cheap. And that is cute that her former co-worker testifying against her is "smeared" as Dora the Explorer.
Absolutely pathetically silly.

Henderson said she was shocked when agents showed up at her home on Dec. 5, 2008, and arrested her. She was suspended from her $140,000-a-year job without pay.

She told jurors she is now earning $10.25 an hour working as a part-time cashier at PetSmart

You know, I hate to kick someone when they're down, but making $10.25 an hour at PetSmart (part-time) sounds more about your speed! The American public was being ripped off paying you a salary of $140,000 a-year considering how imcompetent and corrupt you are!

No wonder we're being invaded!

Mar 22, 8:22 PM EDT

Homeland boss convicted in Mass. immigration case

BOSTON (AP) -- A federal jury in Boston has found a former top U.S. Department of Homeland Security official guilty of encouraging her Brazilian housekeeper to remain in the United States illegally.

Lorraine Henderson was a regional director of homeland security, customs and border protection. She was responsible for stopping illegal immigrants from entering the country through Connecticut, Rhode Island and Massachusetts.

The 52-year-old Henderson was convicted Monday. During a six-day trial, prosecutors accused her of violating the immigration law she had taken an oath to uphold.

Henderson said while leaving court she was "stunned." Her lawyer hasn't returned a telephone call by The Associated Press seeking comment.

Henderson faces up to five years in prison, three years of supervised release and a $250,000 fine. She'll be sentenced in June.

http://hosted.ap.org/dynamic/stories/U/ ... LAND_SECUR

Quote:
"Henderson said while leaving court she was "stunned." Her lawyer hasn't returned a telephone call by The Associated Press seeking comment.

Henderson faces up to five years in prison, three years of supervised release and a $250,000 fine. She'll be sentenced in June."

While what this woman did was wrong, I don't blame her for being "stunned" by the severity of the punishment she may face - I certainly was. No high level corporate executives who knowingly employed illegal alien workers, or illegal alien workers themselves, have to my knowledge ever served any significant jail time - usually the illegal aliens themselves are simply either released back into the community after a few days or deported, formerly often to quickly return and go back to work at the same place! The senior Mr. Tyson of Tyson Foods was convicted of employing illegal aliens and sentenced to one year in prison, but he was pardoned by fellow Arkansan, Pres. Bill Clinton. And while Linda Sanchez was denied a Cabinet Seat for employing an illegal alien housekeeper, as did this woman, to my knowledge she certainly didn't have to pay any fines, let alone go to jail.

Judge criticizes prosecution of Homeland Security official and postpones sentencing

June 18, 2010 07:57 PM

By Jonathan Saltzman, Globe Staff

A federal judge rebuked the government today for prosecuting a Department of Homeland Security official who employed an illegal immigrant as her housekeeper, saying prosecutors had been ``overreaching'' and ``crushed'' the defendant for what he characterized as a minor offense.

After unusually harsh criticism of prosecutors, US District Court Judge Douglas P. Woodlock postponed the sentencing of Lorraine Henderson until he decides whether to grant a motion by her lawyers to set aside the verdict and acquit her. Henderson was convicted in March of deliberately encouraging her Brazilian housekeeper to stay in the country illegally.

Woodlock said Henderson, who is suspended from her $140,000-a-year job helping to keep some of New England's key ports secure from illegal immigration, is the first person he knows of in the country charged with the felony of encouraging an illegal alien to stay in the US for having employed an undocumented housekeeper.

Although prosecutors might have had the authority to apply the law in the case, he said, it struck him as excessive and his sentence is likely to reflect his distaste. He also questioned whether the case could open the door to ordinary citizens being charged for hiring house cleaners who turn out to be illegal.

``This is a cleaning lady,'' he told prosecutors, a remark he made several times. ``There must be some sense of proportion.''

Woodlock also said he was troubled that authorities arrested Henderson in December 2008 and kept her in a holding cell for hours, rather than merely order her to appear in court on the charge. And he said a prosecutor might have violated court rules of conduct by telling the Globe hours after Henderson's arrest, ``She's supposed to be deporting aliens, not hiring them.''

Woodlock ordered US Attorney Carmen M. Ortiz's office to provide affidavits justifying prosecutors' actions that day.
Ortiz, who was present for part of the hearing, declined to address Woodlock's criticism afterward.

``As much as I would like to comment, it would be inappropriate to respond prior to sentencing,'' she said in a statement.

Henderson, 52, faces a maximum of five years in prison. Prosecutors said they will not seek incarceration but want her to spend three years on probation, including four months in a halfway house and four months in home confinement. Her lawyer, Francis J. DiMento, of Boston, has requested a year of unsupervised probation.

Both sides appeared to be caught off guard by the judge, who had presided over the trial and allowed the case to go to the jury. It is not unheard of for judges to delay sentencing hearings while considering motions. But Woodlock's irritation with the prosecutors -- he repeatedly cut them off and dismissed some of their explanations -- was striking.

Standing before him in a hearing that lasted two hours, prosecutors told Woodlock that they had charged Henderson because of the unusual circumstances of the case. She had worked as the Boston area port director for Customs and Border Protection, knew about an internal warning for employees not to hire illegal immigrants, and had been told by a coworker that her cleaning woman was in the country illegally.

Nonetheless, prosecutors said, Henderson continued to employ the woman, Fabiana Bitencourt, 31, of Peabody, to clean her four-level townhouse in Salem every couple of weeks from 2004 to 2008. The cleaning woman testified at trial that she charged $75 each time.

Bitencourt was ultimately confronted by Customs and Border Protection agents, who had been tipped off by Henderson's supervisors. Bitencourt agreed to cooperate with the government by wearing a wire. She secretly tape-recorded Henderson advising her not to leave the country or she would be deported.

The housekeeper is now a legal resident.

``We would certainly not have brought this case...if it was simply someone employing an illegal alien,'' said Assistant US Attorney John T. McNeil, deputy chief of the criminal division, who obtained the indictment of Henderson. He hastily joined Assistant US Attorney Diane C. Freniere, who tried the case, at the table in front of Woodlock after the judge expressed irritation with Freniere's responses.

Woodlock conceded that it was no surprise that Henderson ended up ``in your crosshairs,'' given her job. He said the case represented ``hapless hypocrisy on the part of Ms. Henderson'' colliding with a ``stern and solemn sanctimony'' by prosecutors.

Nonetheless, he said, Henderson's life has been shattered by the case even though Customs and Border Protection's own rules would impose a suspension of only 14 days for an employee who associates with illegal aliens.

Henderson, who rose through the ranks of the US Customs Service after starting as a clerk at age 17, now works at a pet store. She brushed away tears for much of the hearing.

Henderson declined to comment afterward, saying she is still technically a Customs and Border Protection employee and is barred from speaking with reporters. But a handful of supporters who attended the hearing seemed to be buoyed by Woodlock's remarks and left the courtroom smiling.

Woodlock, who gave no timetable for ruling on the request to acquit Henderson, said he might conclude that prosecutors had the authority to go after her. Even so, he said, the public should decide whether the case was a ``productive use of the United States Attorney's Office.''

In the immediate aftermath of Henderson's arrest, prosecutors characterized the case as an extraordinary example of hypocrisy by a law enforcement official.

But advocates for immigration reform said it illustrated the broken nature of the immigration system and the near impossibility for ordinary Americans to avoid doing business with undocumented workers.

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