Immigrants’ Rights Update

VOLUME 22, ISSUE 5  |  JUNE 19, 2008

IMMIGRANTS’ RIGHTS UPDATE Index

IN THIS ISSUE

  Responding Effectively to ICE Worksite Raids
  New on NILC’s Website (since June 11, 2008)

Read this issue of IMMIGRANTS’ RIGHTS UPDATE online at:

  www.nilc.org/pubs/iru/iru2008-06-19.htm

RESPONDING EFFECTIVELY TO ICE WORKSITE RAIDS

 
THE LOS ANGELES RAPID RESPONSE NETWORK
How Advocates Prepared for and What They Learned from the Recent Workplace Raid in Van Nuys

By MARIELENA HINCAPIÉ, Director of Programs, and KAREN TUMLIN, Staff Attorney

     Shortly after the second shift got under way at Micro Solutions Enterprises (MSE), a manufacturer of toner cartridges and inkjets in Van Nuys, Calif., hundreds of workers’ lives suddenly were thrown into chaos.  That Thursday (Feb. 7, 2008), approximately 100 armed U.S. Immigration and Customs Enforcement (ICE) agents stormed into the plant, whose exits they had first sealed off.  Agents ordered workers to stop what they were doing and to segregate themselves based on their immigration status:  U.S. citizens were to form one line, lawful permanent residents or those who were otherwise authorized to work were to form a different line, and those who were in the U.S. without papers were ordered into a separate line.  ICE agents handcuffed the men.  They then herded all the workers into the cafeteria.  The agents would not release documented workers or U.S. citizens until they presented evidence of their lawful immigration status.  Workers were not free to leave and had no choice but to go into the holding area ICE had set up.  Workers, including pregnant women and parents of small children, were not allowed to use their cell phones or the bathroom.  Agents then individually questioned those who were in the line for undocumented people, to assess whether they should be released on humanitarian grounds.

     ICE had arrest warrants for eight MSE employees charged with criminal violations relating to alleged identity theft, but the agents did not limit their enforcement operation to those workers.  Instead, they detained approximately 150 workers.  About 50 of these workers, mostly women, were released that evening on humanitarian grounds.  The approximately 100 remaining workers were detained at the plant and then taken to ICE’s facility in downtown Los Angeles for processing (Van Nuys is a community within the San Fernando Valley area of Los Angeles).  ICE also simultaneously raided the homes of workers who had not shown up for work at MSE that day, including some who were no longer employed by MSE.  Finally, ICE detained other “collaterals” at the plant who had never worked at MSE.  For example, a woman who sold tamales outside MSE and had entered the plant to use the bathroom was caught up in the raid.  And, reportedly, ICE agents pulled a man out of his car and detained him after he drove into the MSE parking lot to make a U-turn.

*          *          *

     Recent vigorous enforcement efforts by ICE — such as the Van Nuys raid — have ripped apart immigrant communities and families, separating children from their parents, in some cases leaving the children abandoned or in foster care while ICE detains their parents.  ICE has taken record numbers of workers into custody, disrupting businesses and devastating local economies as employers lose some of their most productive employees.  During their raids, ICE agents have indiscriminately targeted workers who fit certain racial/ethnic profiles and, as a result, ICE has wrongfully detained, and even deported, U.S. citizens and lawful permanent residents.  Most recently, ICE has treated immigrant workers as criminals, requiring those whom the agency has detained and released pending further proceedings to wear electronic “ankle bracelet” monitors.

     That afternoon of Feb. 7, a “raids rapid response network” of organizers, attorneys, and other advocates began to coalesce even while the raid was in progress.  During the ICE action and in its aftermath, this network’s members learned valuable lessons that we hope will benefit efforts across the country to advocate for an end to these inhumane raids and for just immigration reform that brings families and workers out of the shadows and onto a clear path to legal status.   Read more >>

(PDF version of article.)
 

NEW ON NILC’s WEBSITE (since June 11, 2008)

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Employment Eligibility Verification and Antidiscrimination Protections

 
Basic Pilot / E-Verify / Electronic Employment Verification Systems

What Are Businesses Saying about Proposals to Make Basic Pilot/E-Verify Mandatory?  (Posted 6/18/08.)

Rep. Sam Johnson’s “New Employee Verification Act”: Another Version of the Shuler-Tancredo Bill (New Employee Verification Act of 2008 -- HR 5515) (Original publication date: 3/21/08;  revised 5/21/08;  posted 6/12/08.)
 

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Employer Sanctions: State & Local Legislation & Litigation

 
Lawsuit Challenging Employer Sanctions Imposed by Oklahoma Law
(25 Okla. Stat. § 1313(B)&(C) AND 68 Okla. Stat. § 2385.32)

 

Chamber of Commerce of the United States et al. v. Henry

Memorandum Opinion and Order -- preliminary injunction postponing enforcement of employment-related portions of Oklahoma statutes.  (Dated 6/4/08; posted 6/11/08.)

Order of Injunction  (Dated 6/4/08; posted 6/11/08.)
 

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Local Law Enforcement Issues

 

Lawsuit Challenging Anti-Immigrant Ordinance: Farmers Branch, Texas

 

Villas at Parkside Partners v. City of Farmers Branch

Memorandum Opinion and Order Granting Permanent Injunction (Federal district court finds that a local ordinance restricting immigrants’ access to housing is preempted by federal law and violates the Due Process Clause of the Fourteenth Amendment.)  (Dated 5/28/08; posted 6/12/08.)

Memorandum Opinion and Order (Court lacks jurisdiction to consider defendants’ proposed counterclaim.)  (Dated 5/28/08; posted 6/12/08.)

Memorandum Opinion and Order Granting Preliminary Injunction (Dated 6/19/07; posted 6/12/08.)
 

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Links (to Federal & State Agency Websites; Advocacy & Research)

 
New Research Tool for Immigration Cases

 

Civil Rights Litigation Clearinghouse (Washington Univ., St. Louis, MO). 
    Repository of information and documents relating to civil rights cases, particularly injunctive and class-action cases.  The immigration portion of the collection focuses on relatively recent class actions and cases involving large numbers of plaintiffs -- e.g., suits about immigration detention conditions, civil rights violations during workplace raids, allegations of RICO violations by employers of undocumented workers.  Search, save documents and searches, and subscribe for updates.
 

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IMMIGRANTS’ RIGHTS UPDATE is compiled and edited by Richard Irwin.

National Immigration Law Center
3435 Wilshire Boulevard, Suite 2850
Los Angeles, CA 90010
213.639.3900
www.nilc.org