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Undocumented Swept From Jobs in
Silent ICE Raids
BREWSTER, Wash.
(By Julia Preston, NYT)
July 10, 2010 — The Obama
administration has replaced
immigration raids at factories and
farms with a quieter enforcement
strategy: sending federal agents to
scour companies’ records for illegal
immigrant workers.
While the sweeps of the past
commonly led to the deportation of
such workers, the “silent raids,” as
employers call the audits, usually
result in the workers being fired,
but in many cases they are not
deported.
Over the past year, Immigration and
Customs Enforcement has conducted
audits of employee files at more
than 2,900 companies. The agency has
levied a record $3 million in civil
fines so far this year on businesses
that hired unauthorized immigrants,
according to official figures.
Thousands of those workers have been
fired, immigrant groups estimate.
Employers say the audits reach more
companies than the work-site
roundups of the administration of
President George W. Bush. The audits
force businesses to fire every
suspected illegal immigrant on the
payroll — not just those who
happened to be on duty at the time
of a raid — and make it much harder
to hire other unauthorized workers
as replacements. Auditing is “a far
more effective enforcement tool,”
said Mike Gempler, executive
director of the Washington Growers
League, which includes many worried
fruit growers.
Immigration inspectors who pored
over the records of one of those
growers, Gebbers Farms, found
evidence that more than 500 of its
workers, mostly immigrants from
Mexico, were in the country
illegally. In December, Gebbers
Farms, based in this Washington
orchard town, fired the workers.
“Instead of hundreds of agents going
after one company, now one agent can
go after hundreds of companies,”
said Mark K. Reed, president of
Border Management Strategies, a
consulting firm in Tucson that
advises companies across the country
on immigration law. “And there is no
drama, no trauma, no families being
torn apart, no handcuffs.”
President Obama, in a speech last
week, explained a two-step
immigration policy. He promised
tough enforcement against illegal
immigration, in workplaces and at
the border, saying it would prepare
the way for a legislative overhaul
to give legal status to millions of
illegal immigrants already in the
country. White House officials say
the enforcement is under way, but
they acknowledge the overhaul is
unlikely to happen this year.
In another shift, the immigration
agency has moved away from bringing
criminal charges against immigrant
workers who lack legal status but
have otherwise clean records.
Republican lawmakers say Mr. Obama
is talking tough, but in practice is
lightening up.
Employers say the Obama
administration is leaving them short
of labor for some low-wage work,
conducting silent raids but offering
no new legal immigrant laborers in
occupations, like farm work, that
Americans continue to shun despite
the recession. Federal labor
officials estimate that more than 60
percent of farm workers in the
United States are illegal
immigrants.
John Morton, the head of the
immigration agency, known as ICE,
said the goal of the audits is to
create “a culture of compliance”
among employers, so that verifying
new hires would be as routine as
paying taxes. ICE leaves it up to
employers to fire workers whose
documents cannot be validated. But
an employer who fails to do so risks
prosecution.
ICE is looking primarily for
“egregious employers” who commit
both labor abuses and immigration
violations, Mr. Morton said, and the
agency is ramping up penalties
against them.
In April, Michel Malecot, the chef
of a popular bakery in San Diego,
was indicted on 12 criminal counts
of harboring illegal immigrants. The
government is seeking to seize his
bakery. He has pleaded not guilty.
In Maryland, the owner of two
restaurants, George Anagnostou,
pleaded guilty last month to
criminal charges of harboring at
least 24 illegal immigrants. He
agreed to forfeit more than
$734,000.
But the firings at Gebbers Farms
shocked this village of orchard
laborers (population 2,100) by the
Columbia River among sere brown
foothills in eastern Washington. Six
months after the firings, the
silence still prevails, with both
the company and the illegal
immigrants reluctant to discuss
them.
Farm worker advocates said the
family-owned company, one of the
biggest apple growers in the
country, did not fit Mr. Morton’s
description of an exploiter.
“The general reputation for Gebbers
Farms was that they were doing right
by their employees,” said Matt
Adams, legal director of the
Northwest Immigrant Rights Project.
The Gebbers packing house is the
center of this company town, amid
more than 5,000 acres of well-tended
orchards, where the lingua franca is
Spanish. Officials said public
school enrollment is more than 90
percent Hispanic.
Throughout last year, ICE auditors
examined forms known as I-9’s, which
all new hires in the country must
fill out. ICE then advised Gebbers
Farms of Social Security and
immigration numbers that did not
check out with federal databases.
Just before Christmas, managers
summoned the workers in groups. In
often emotional exchanges, managers
immediately fired those without
valid documents.
“No comment,” said Jay Johnson, a
lawyer for Gebbers Farms, expressing
the company’s only statement.
Many workers lived in houses they
rented from the company; they were
given three months to move out. In
Brewster, truck payments stopped,
televisions were returned, mobile
homes were sold, mortgages
defaulted.
Many immigrants purchased new false
documents and went looking for jobs
in more distant orchards, former
Gebbers Farms workers said. But the
word is out among growers in the
region to avoid hiring immigrants
from the company because ICE knows
they are unauthorized.
“Many people are still crying
because this is really hard,” said
M. García, 41, a former Gebbers
packing house worker who has been
out of a job since January.
There was no wave of deportations
and few families left on their own
for Mexico. “They are saying, what’s
going to happen to their kids?” said
Mario Camacho, an administrator in
the Brewster school district. “To
those kids, this is their country.”
After the firings, Gebbers Farms
advertised hundreds of jobs for
orchard workers. But there were few
takers in the state.
“Show me one American — just one —
climbing a picker’s ladder,” said
María Cervantes, 33, a former
Gebbers Farms worker from Mexico who
gave her name because she was
recently approved as a legal
immigrant.
After completing a federally
mandated local labor search, Gebbers
Farms applied to the federal guest
worker program to import about 1,200
legal temporary workers — most from
Mexico. The guest workers, who can
stay for up to six months, also
included about 300 from Jamaica.
“They are bringing people from
outside,” Ms. Cervantes said,
perplexed. “What will happen to
those of us who are already here?”
Immigrant advocates said they are
surprised and frustrated with Mr.
Obama, after seeing an increase in
enforcement activity since he took
office. “It would be easier to fight
if it was a big raid,” said Pramila
Jayapal, executive director of
OneAmerica, a group in Seattle. “But
this is happening everywhere and
often.”
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