Workers targeted in raid find new jobs: Fighting to stay in the U.S.
--- Others already deported or remain in jail
Mike Heine/The Week

(Published June 11, 2007, 3:49 p.m.)

Ten months after Immigration and Customs Enforcement agents arrested 25 Hispanic workers at Star Packaging in Whitewater, about 10 of them are still fighting to remain in the country.

Immigration attorney Erich Straub said the 10 employees he represents in their deportation battles are ones who were able to post bail and get out of jail.

He thinks at least one other worker, represented by another attorney, remains in the country, fighting to stay here.

Most of the other 14 employees, Straub thinks, were deported back to Mexico.

"You can challenge (a deportation) order, but if you're not able to post bond, you're challenging it from jail," Straub said. "The process is not fast. You could end up in jail from six to 24 months. A lot of people decide it's not worth it and they decide it's best to go home (to their native country)."

Neither Straub nor ICE would release the names of those arrested in the Aug. 8, 2006 raid at Star Packaging.

ICE is not required to release arrests records.

"If it's an administrative arrest, we don't need to release those names," spokeswoman Gail Montenegro said.

The 10 people Straub represents are seven women and three men, most of whom are in their 20s and 30s, with a few in their 40s, Straub said.

"As far as I've seen, I don't think one of my clients has a criminal record," Straub said. "They are mothers and fathers. They have children. They have families. They are hard working.

"They're hard-working families that are trying to make a living here in the United States of America and they're law abiding. But for the immigration allegations against them, they are not criminals. They're not out there creating havoc and preying on society."

The former employees have found ways to make ends meet without working, Straub said.

"Immigrants tend to have extended networks of families," he said. "They may have family members in this country who are here and have status or have friends who have status. I think they tend to pull together and help each other out in hard times. They're tight knit, but it's certainly a hardship for them."

Immigration agents entered the packaging company on Aug. 8 under a state warrant that was seeking evidence of conspiracy to commit identity theft by owner Allen L. Petrie. Whitewater police arrested Petrie, 48, for allegedly hiring workers who used false identities. He faces six counts of conspiracy to commit identity theft. A week-long trial starts July 23.

To date, three of Petrie's workers were charged with identity theft. Warrants remain outstanding for the arrest of Miguel Gomez, 24, and Andres Tizapa-Aparicio, 29, both of Whitewater, according to online court records.

Former employee Rafael Cortes Reyes, 30, of Whitewater, pleaded guilty May 17 to a single charge of identity theft. He will be sentenced Aug. 8 for using the Social Security number of a retired schoolteacher,

He purchased the number to gain employment and open a bank account.

It is unclear if those employees were arrested by immigration agents during the raid.

Most of Straub's clients have hearings coming up in November. Straub has filed motions to suppress much of the government's evidence because "there were some issues with how these folks were arrested," he said.

Some of those arrested weren't told of their right to council and others didn't have their request for council honored, Straub contends.

Whitewater police have said their investigation focused on alleged identity theft at the company and left immigration issues to federal authorities.

State of the business

Star Packaging has struggled to make ends meet since the raid, business attorney Mark Olm said.

The company had about 72 employees prior to the raid. Now, it's down to about 10 or 11.

"They've picked up a little bit of business, but the amount of business they've lost was devastating," Olm said. "They're losing a substantial amount of money on a monthly basis."

Star Packaging lost its biggest client, Nestle, after the raid because the company was concerned about the adverse publicity related to alleged illegal immigrants working for Petrie, Olm said.

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