ICE Worksite Enforcement Backgrounder

From the ICE Website Originally published June 16, 2006

Backgrounder Worksite Enforcement

Overview

ICE is significantly enhancing its worksite enforcement efforts as part of its interior enforcement strategy. What is changing is ICE’s strategy. ICE is bringing criminal prosecutions and using asset forfeiture as tools against employers of illegal aliens far more than the former U. S. Immigration and Naturalization Service ( INS), which tended to rely on administrative fines as a sanction against such activity. Criminally charging and seizing the assets of unscrupulous employers will create the kind of deterrence that was previously absent in worksite enforcement efforts.

The former INS devoted a large percentage of its investigative resources to enforcing administrative employer sanctions. Yet, the administrative fine process was not a deterrent to unscrupulous employers. Many businesses came to view these fines as the cost of doing business. Consistently, INS agents and legal support staff invested a large amount of time and investigative effort to issue a Notice of Intent to Fine against an employer for non- compliance, only to find that these fines were routinely ignored, not paid in a timely matter, or mitigated down to a far lesser amount over several years.

ICE has decided to pursue criminal prosecutions and, in some cases, seize assets derived from illegal activities as tools against unlawful employers. In these cases, ICE is moving to bring criminal charges of knowingly hiring illegal aliens, and whenever possible, criminal charges of money laundering and harboring illegal aliens. Money laundering is a felony with a potential 20 year prison sentence, while harboring illegal aliens carries a potential 10 year prison sentence. ICE has found these criminal sanctions to be a far greater deterrent to illegal employment schemes than administrative fines.

ICE Worksite Enforcement Statistics:
• The best measure of this new approach lies in the number of arrests for criminal violations that ICE has brought in worksite enforcement investigations. These criminal arrests in worksite enforcement cases have increased from a mere 24 in FY 1999 and 25 in FY 2002 under the old INS -- to 160 in FY 2004 to 176 in FY 2005, and to a record 382 thus far this fiscal year.

• Similarly, ICE has obtained record payments from companies through forfeiture and other court- ordered settlements as a result of worksite violations. These far exceed the amounts collected by the INS through administrative fines. Last year, for instance, ICE received $ 15 million from Wal- Mart Stores, Inc. and 12 contract companies for worksite violations. This one payment in lieu of forfeiture was the largest single worksite penalty in U. S. history and is greater than the combined total of all the administrative worksite fines issued by the former INS for the prior eight years.

• In Fiscal Year 2004, ICE initiated 465 criminal worksite investigations and devoted 135,191 case hours to worksite enforcement investigations. These cases resulted in 160 criminal arrests, 67 criminal indictments and 46 criminal convictions. These efforts also resulted in the arrest of 685 individuals on administrative immigration violations. In total, ICE worksite enforcement investigations resulted in 845 arrests in FY 2004.

• In FY 2005, ICE initiated 511 criminal worksite investigations and devoted 146,350 case hours to worksite enforcement investigations. These cases resulted in 176 criminal arrests, 140 criminal indictments and 127 criminal convictions. Furthermore, these efforts resulted in the arrest of 1,116 individuals on administrative immigration violations. In total, ICE worksite enforcement investigations resulted in 1,292 arrests in FY 2005.

• Thus far this Fiscal Year ( through May), ICE has already launched more than 219 criminal worksite investigations and devoted 167,346 case hours to worksite enforcement investigations. These cases have resulted in 382 criminal arrests, 82 criminal indictments, and 80 criminal convictions. Furthermore, these efforts have resulted in the arrest of 2,100 individuals on administrative immigration violations. In total, ICE worksite enforcement investigations have resulted in 2,482 arrests thus far this fiscal year.

FY 2007 Budget Enhancements:

The Administration's budget request for FY 2007 would provide $ 41.7 million in new funds to ICE specifically to strengthen worksite enforcement efforts. The additional resources would support the hiring of an additional 171 special agents and 35 support personnel to enhance worksite enforcement investigations.

Recent ICE Criminal Worksite Enforcement Examples:
• Great Wall Restaurant – On June 9, 2006, the owner of the New Great Wall restaurant in Tacoma was sentenced in federal court to ten months in prison and three years of supervised release for concealing and harboring illegal alien employees. Jian Zhong Tang, 37, was also ordered by U. S. District Judge Franklin D. Burgess to pay more than $ 38,000 in back wages to exploited employees at his restaurant.

• Boston Cleaning Business -- On May 12, 2006, Jose Neto, a businessman in Allston, Mass, was convicted of knowingly harboring illegal aliens who worked in his cleaning business. He had previously pleaded guilty to charges of attempting to bribe an ICE agent, inducing illegal aliens to reside in the country, and having a pattern or practice of knowingly employing illegal aliens. Neto, an illegal alien himself from Brazil, faces up to 15 years imprisonment, followed by 5 years of supervised release, and a $ 250,000 fine.

• Dragon Buffet Restaurants – ( New York) -- On May 11, 2006, Hui Guo, a lawful permanent resident alien and citizen of China, pleaded guilty in Albany, New York, to one count of hiring and harboring illegal aliens in connection with two Dragon Buffet chain restaurants he operated in the Albany area. He was first arrested in November 2005. The investigation into Guo was part of a larger ICE probe into Kun Cheng, who owned six Chinese buffet restaurants in the Albany area. Cheng was arrested in November 2004 for his part in the organization. To date, this investigation has resulted in the criminal arrest of 9 individuals, the administrative arrest of 84 illegal aliens and the seizure of approximately $ 1.4 million and 11 vehicles.

• Golden China Buffet – On May 10, 2006, Jian, Lin, a Chinese restaurant owner and eight illegal alien workers that he was housing and transporting to and from work were arrested in Louisville, Kentucky. Jian Lin, the 32- year- old restaurant owner, and five illegal Chinese workers were arrested at the restaurant on immigration violations. Three other illegal workers — one Chinese and two Mexican — were arrested at the Wilma Avenue residence that is owned by Lin and was used to house his workers.

• Julio’s Mexican Restaurants -- On May 10, 2006, ICE agents in Missouri arrested the owner of two Mexican restaurants in Missouri and Iowa on criminal charges of knowingly hiring illegal aliens. ICE agents also arrested a total of 21 illegal aliens during the execution of search warrants on the restaurants. Investigation revealed that many of the employees had not been asked to complete any paperwork or provide documentation to work at the restaurants.

• Fischer Homes Inc. -- On May 9, 2006 ICE agents arrested four supervisors of Fischer Homes Inc. and 76 illegal alien workers at Fischer Homes construction sites in Kentucky. Headquartered in Kentucky, Fischer Homes is a leading builder of homes in Indiana, Kentucky, and Ohio, with annual sales of roughly $ 200 million. The four Fischer Homes managers are charged in a criminal complaint with aiding and abetting, harboring illegal aliens for commercial advantage or
private financial gain. The maximum possible punishment for the crime charged is up to 10 years imprisonment, $ 250,000 or both. On May 11, several contractors and contract companies that provided illegal workers for Fischer Homes construction sites were indicted on criminal charges of harboring illegal aliens in connection with the scheme.

• Operation Tarmac -- On May 9, 2006, Karen Sue Rowell and Edward John Pitre, managers of Midwest Airport Services, were sentenced as a result of Operation Tarmac, an ICE critical infrastructure initiative targeting unauthorized employment at U. S. airports. Rowell received nine months federal incarceration and was ordered to pay a fine of $ 5,000. Pitre received 15 months of federal incarceration and was ordered to pay of fine of $ 1,000. On May 8, 2006, Midwest Airport Services and Service Performance Corporation were fined $ 150,000 and $ 600,000 respectively. In August 2005, Pitre was convicted for conspiracy to unlawfully harbor and shield illegal aliens from detection. Rowell pleaded guilty to aiding and abetting a false representation of U. S. citizenship.

• Stucco Design -- On May 2, 2006, Robert Porcisanu, the owner of an Indiana business that performed stucco- related services at construction sites in seven Midwest states was charged with money laundering, harboring illegal aliens, transporting illegal aliens, and false statements in connection with an illegal employment scheme. Porcisanu faces 40 years in prison. ICE is also seeking the forfeiture of $ 1.4 million. His firm was allegedly able to undercut the bids of contractors to perform work at construction sites by taking advantage of cheap labor costs from the use of illegal alien employees.

• Air Borne Express ( ABX Air) – on April 26, ABX Air supervisor Douglas Steels pleaded guilty to charges of engaging in a pattern and practice of employing illegal aliens. He was sentenced to 6 months probation and a $ 10,000 fine.

• IFCO Systems North America -- On April 19, 2006, ICE agents arrested seven current and former managers of IFCO Systems North America Inc, pursuant to criminal complaints in Albany, New York, charging them with harboring illegal aliens for financial gain. ICE agents also apprehended 1,187 of the firm’s illegal alien employees during search warrants and consent searches executed at more than 40 IFCO locations nationwide. The arrests were the result of a year- long probe of IFCO, which determined that more than half of IFCO’s employees during 2005 had invalid or mismatched Social Security numbers. IFCO is the largest pallet services company in the United States, based in Houston, Texas.

• Kawasaki Sushi -- On April 14, 2006, the operators of Baltimore’s best- known sushi restaurants agreed to forfeit more than $ 1 million and pleaded guilty to criminal charges of conspiracy to commit alien harboring and money laundering in connection with an illegal alien employment scheme. The investigation found that the operators of the three Kawasaki restaurants in Baltimore exploited cheap,
illegal labor to maximize profits in order to purchase new homes and luxury vehicles for themselves.

• HV Connect -- On April 11, 2006, a federal indictment was unsealed in Ohio charging two temporary employment agencies and nine individuals with hiring and harboring illegal aliens; mail and wire fraud; and laundering approximately $ 5.3 million. The indictment alleged that HV Connect, Inc., and TN Job Service, Inc. provided hundreds of illegal alien employees to unwitting companies in Ohio by falsely representing that they were legal. The indictment also alleged that the owners of these agencies used the profits from this scheme build a new home and purchase jewelry for themselves.

U. S. Immigration and Customs Enforcement ( ICE) was established in March 2003 as the largest investigative arm of the Department of Homeland Security. ICE is comprised of four integrated divisions that form a 21st century law enforcement agency with broad responsibilities for a number of key homeland security priorities.

The New Texas Proviso, Part I: Washington Post: Immigration Bill Aims to Bridge Republican Divide

Immigration Bill Aims to Bridge Republican Divide

By Jim VandeHei and Charles Babington
Washington Post Staff Writers
Tuesday, July 25, 2006; A07



In an attempt to strike a pre-election Republican compromise on immigration, two conservative lawmakers will unveil a plan today that would allow most of the 11 million illegal immigrants in the United States a chance to work here legally, but only after the government certifies that U.S. borders have been sufficiently secured, two congressional aides said.

The proposal -- sponsored by Sen. Kay Bailey Hutchison (Tex.) and Rep. Mike Pence (Ind.) -- would pressure illegal immigrants to "self-deport" to their home countries within two years of the law's enactment and apply for a new kind of visa that would allow them to return to the United States quickly and work legally if a job awaits them. They would have to work here for 17 years, however, to be eligible for U.S. citizenship.

The plan, which has received mixed reviews from those briefed on it, is aimed at unifying Republicans on an issue that has bitterly divided them for months and threatens to damage the party in future elections.

The stringent rules for illegal immigrants are certain to draw bipartisan opposition from those who favor a quicker and easier path to citizenship. Additionally, conservatives who favor legislation to secure the border this year and delay action on guest workers and the citizenship question are also expected to oppose it.

The Washington Post was provided an advance copy of the proposal.

Hutchison and Pence consider it the foundation for a possible compromise between the Senate, which voted for a plan that would provide a new path to citizenship, and the House, which has demanded that Congress focus only on securing borders for now. Former House majority leader Richard K. Armey (R-Tex.), a critic of the Senate bill, said the new proposal could be "a bridge between the two bodies."

Armey, former House speaker Newt Gingrich (R-Ga.) and former Republican National Committee chairman Ed Gillespie were briefed on the plan in hopes that they would help build pressure on skeptical lawmakers, the aides said. White House officials, including presidential adviser Karl Rove, have been told of the framework but not the details. A Republican close to the White House said President Bush "won't be crazy about it, but I think he would sign it."

The impasse will not be easy to break. The push for a pre-election compromise has lost its sense of urgency, as both sides privately calculate that no deal might be the best politics and produce the best policy.

Hutchison and Pence think they can bridge the divide. They will emphasize that immigration laws will not be changed until the president certifies that the borders are secure, the congressional aides said. The plan includes the most popular security measures that have passed the House and Senate, including new border fences, additional enforcement personnel and bigger detention facilities.

The government would spend about two years instituting the security changes. U.S. companies would open Ellis Island-type centers in many countries to process applications for a new kind of work visa, known as the Good Neighbor SAFE (Secure Authorized Foreign Employee) visa. The government would create tamper-proof identification cards that contain personal information and biometric technology designed to minimize fraud. Illegal immigrants would be required to return to their home countries and apply for the SAFE visa. They would undergo criminal background checks and health screenings and would need to prove that a U.S. job awaits them.

The new visa would be offered only to immigrants from countries that are part of trade pacts covering Canada, Mexico and most of Central America. The SAFE visas would be good for two years and could be renewed five times, for a total stay of 12 years. At any point, the holders could return to their home countries and apply for U.S. citizenship without paying a fine or back taxes. But they would have to wait in line.

Illegal immigrants could extend their stay beyond 12 years by applying for a five-year X-Change visa, which requires a job and a clean record. After 17 years in the system, X-Change visa-holders could go through the citizenship process without leaving the United States.

Washington Post: General Speaks of Immigrant Father

Congressional Hearing Turns Personal

By Glenn Frankel and Daniela Deane
Washington Post Staff Writers
Tuesday, July 11, 2006; A03

MIAMI, July 10 -- A congressional hearing on immigration came to a dramatic pause Monday when Gen. Peter Pace, the chairman of the Joint Chiefs of Staff, choked up as he talked about his Italian immigrant father and the opportunities that America had given to his family.

A hush fell over the auditorium at Miami Dade College as Pace, a Marine who was born in Brooklyn, N.Y., and grew up in Teaneck, N.J., was overcome with emotion and struggled to continue reading from his statement as the opening witness at the field hearing of the Senate Armed Services Committee.

Pace was explaining his family's origins to the committee and the opportunities he and his three siblings enjoyed in America when he lost his composure, much to the surprise of the 150 people gathered in the hearing room and to the five senators, who sat riveted as the general paused.

After he composed himself, Pace described his older sister, who went to law school, and his older brother, who, like himself, attended the Naval Academy and was a Marine.

"There is no other country on the planet that affords that kind of opportunity to those who come here," Pace concluded. The audience burst into applause.

Pace's father was born in Italy in 1914, immigrated to the United States and became an electrician in New York City, raising four children there. The first Marine to be named chairman of the Joint Chiefs, Pace has been chairman since September 2005 after serving as vice chairman for four years.

Pace, whose last name means "peace" in Italian, is a 1967 graduate of the Naval Academy and has served in Thailand, Korea and Japan.

Sen. Edward M. Kennedy (D-Mass.), who was at the hearing, said Pace made an "enormously moving comment and statement" and added: "We just hope our colleagues in the Congress can hear it."

Field hearings are being held around the country on the separate House and Senate immigration bills currently before Congress. The subject of the Miami hearing, chaired by Senate Armed Services Committee Chairman John W. Warner (R-Va.), was the contributions immigrants have made to the armed forces.

The House bill calls for tighter border controls, 700 miles of fencing along the U.S.-Mexico border and funding for local law enforcement agencies along the border. It also calls for tougher deportation standards and stringent enforcement of rules governing employers who hire undocumented workers.

The Senate's immigration bill, co-sponsored by Kennedy and Sen. John McCain (R-Ariz.), includes similar provisions. But it also outlines a method for an estimated 12 million illegal immigrants to become U.S. citizens and calls for a guest-worker program that would provide legal residency status for as long as six years.

In recent weeks, the White House and Senate Republicans have indicated a willingness to tackle border security first, but only if the action later triggers some or all of the Senate bill's residency-related provisions.

House GOP leaders have dismissed such features as the guest-worker program as an unacceptable "amnesty" for lawbreakers. They were the first to call for field hearings as a means of showcasing popular support for their approach while also delaying negotiations with senators on a final bill.

After Pace's emotional testimony, Sen. Lindsey O. Graham (R-S.C.) asked the general whether his parents were still living. Pace replied that his mother was still alive.

"When you have Italian blood in you, sometimes it wells up and grabs your heart," he told Graham.

Graham said, "It takes a strong Marine to cry."

Sticks Before Carrots, Part 2; Washington Post: immigration Deadlock Revisited

 

Immigration Deadlock Revisited
Fear of Voter Backlash Prompts GOP Senators to Consider House's Tougher Bill

By Shailagh Murray and Charles Babington
Washington Post Staff Writers
Friday, June 30, 2006; A03

Republican Senate leaders are considering how to revive immigration legislation and cut a deal with the more hard-line House, a sign of increasing GOP concern that inaction on the emotionally charged issue could hurt the party with voters in November.

For months, House and Senate Republicans have steadfastly defended their respective positions. The House has insisted on tougher border and deportation provisions only. The Senate, allied with President Bush, has demanded that a crackdown be coupled with an overhaul of immigration laws, including a broader guest worker program and a pathway to legal status for the estimated 12 million people who live in the United States illegally.

House leaders appeared to be winning the standoff. They announced this month that they would hold field hearings on immigration throughout the summer, all but guaranteeing that a bill could not be completed until after the election.

But in recent days, senators and the White House have dropped hints that they are willing to move closer to the House's position -- perhaps by agreeing to a two-phase plan that would begin with construction of triple-layer walls, deployment of surveillance aircraft and other means of tightening the border with Mexico.

When those measures are fully funded and operational -- a process that could take as much as two years -- debate on some version of the Senate's broader proposals would begin.

Judiciary Committee Chairman Arlen Specter (R-Pa.), a leader of the Senate's immigration efforts, told CNN this week: "I think everybody agrees that securing the border is number one. . . . We're prepared to commit to secure borders. We have got to have a timetable on the rest of it, as well."

The House yesterday announced that its first two field hearings on immigration will be held on Wednesday in San Diego and on Friday in Laredo, Tex. Specter, meanwhile, scheduled his own field hearing, in Philadelphia, on Wednesday. He invited Edward M. Kennedy (Mass.), one of the chief Democratic sponsors of the Senate approach, to join him.

House GOP leaders interpreted the Senate overtures as vindication of their tougher stance.

"I've really been rather encouraged about what's happened over the last several days with regard to the issue of immigration," said House Majority Leader John A. Boehner (R-Ohio).

Also this week, Rep. Mike Pence (R-Ind.) met with Bush and Vice President Cheney to discuss his proposal for a guest worker program that would roll out only after the government certifies that the border is secure. "The president listened intently," Pence told reporters. "He told me that he was intrigued with my proposal."

Democrats are increasingly confident that immigration will be a winning issue for them at the polls, as an illustration of their argument that Bush and the GOP congressional leadership are incompetent.

Sen. Charles E. Schumer (N.Y.) and Rep. Rahm Emanuel (Ill.), the chairmen of the Senate and House Democratic campaign committees, respectively, said Democratic challengers will launch a coordinated effort to blame the Republican leadership for creating the immigration problems that the GOP now confronts. "They're in the majority," Emanuel said. "When you fail, that failure is wrapped around your neck."

For instance, according to statistics cited by the Democrats, the number of border apprehensions has declined by 31 percent since Bush took office, to an average of 1.05 million cases per year between 2001 and 2004, from an average 1.52 million cases per year during the late 1990s. The number of illegal immigrants caught each year inside the United States also declined by about a third, to about 25,901 on average between 2001 and 2004, from an annual average of 40,193 in the late 1990s.

"That is a joke," Schumer said. "It's also a political billboard."