Follow up article
Federal officials talk about immigration crackdown
By Frank James
Washington Bureau
http://www.chicagotribune.com/news/...90.story?coll=chi-news-hed&ctrack=1&cset=true
WASHINGTON -- A day after federal agents arrested 1,187 people on illegal immigration charges in the nation's largest-ever work-site enforcement action, Homeland Security Secretary Michael Chertoff on Thursday warned of an intensified campaign to target employers whose businesses rely on large numbers of undocumented workers.
But there was suspicion among some immigration lawyers that the crackdown was more a Bush administration response to criticism that for years it had done too little work-site enforcement. They questioned whether the administration would follow through with the new get-tough approach.
The arrests in Chicago and other U.S. cities of employees of IFCO Systems, a Netherlands-based company that manufactures wooden pallets, came amid the raging national debate over illegal immigration. There was evidence that the arrests already were being factored into that debate.
"This complements the temporary worker notion," Chertoff said, referring to the proposal in Congress that a legal path be provided for undocumented immigrants to gain legal status in the U.S.
"We want to create a very clear choice for employers," he said. "A legal path that'll be regulated, that'll be totally visible and that will allow the hiring of workers in accordance with the law, on a temporary basis. … Or a choice not to follow the law, which will be met with a very tough sanction."
Legislation that was part of a Senate compromise that might be taken up next week when Congress returns would create a new guest-worker program and allow undocumented immigrants to apply for legal status in the U.S., a path that could lead to citizenship.
Congressional and other critics of legalization have pointed to the lack of work-site enforcement of immigration laws as a reason to oppose the proposal.
The arrests at the IFCO sites, which included seven current and former company managers charged with felony conspiracy to harbor illegal immigrants, came after a year's investigation, Chertoff said. They were triggered when a witness at an IFCO location in New York state saw many workers destroying their W-2 tax forms.
When the witness asked why they were doing that, IFCO managers said the workers "wouldn't need their W-2s because they were illegal aliens, had invalid Social Security numbers and, therefore, weren't going to be filing income tax returns," Chertoff said.
The company did not return a call Thursday seeking comment on the raids, but in a statement Wednesday it pledged to cooperate with the investigation and comply with employment requirements.
But immigration-rights activist Roberto Carlos Lopez of Pueblo Sin Fronteras, or Community Without Borders, called upon the government Thursday to stop such raids and any deportations while Congress debates immigration. Lopez spoke outside the Immigration and Customs Enforcement office in Chicago's Loop, where he had gathered with a small group of activists and Mexican immigrants.
The 26 people arrested at a Southwest Side IFCO site were released on their own recognizance Thursday from a federal immigration processing facility in Broadview, ICE spokeswoman Gail Montenegro said.
Lopez said the arrests at IFCO sites were intended to intimidate the immigrant community.
"It is undeniable that these raids were timed right after the historic marches and demonstrations and it's a move by the [Bush] administration to try and intimidate and stop this movement," Lopez said. "They can't stop our movement. If anything it will make us stronger."
But Chertoff, speaking in Washington, said, "The fact of the matter is there are employers who knowingly or recklessly hire unauthorized workers, and they've actually built their business on being able to do that … so those are the employers, the bad actors, that we have to target.
"And we're going to move beyond the current level of activity to a higher level in each month and year to come," he said.
David Whitlock, an immigration and labor lawyer in Atlanta, said he suspected that the crackdown was linked to criticism that the Homeland Security Department has received in the past year—and heightened recently—that it has been lax in such enforcement.
In all of fiscal 2005, Homeland Security's Immigration and Customs Enforcement agency filed only two notices of its intent to fine employers who violated the law by hiring illegal immigrants, Whitlock said.
Whitlock suspected that the IFCO announcement was "enforcement by propaganda. You're seeing a case of that now. The Wal-Mart and Tyson Foods deals were exactly that. It's pick on a big huge employer that's dominant in an industry … see what sticks and move on."
Wal-Mart in 2005 agreed to pay an $11 million fine for using a contractor that employed illegal immigrants, an amount many experts considered a slap on the wrist compared with the company's revenues. Tyson employees were acquitted in 2003 of smuggling illegal immigrants to work in its plants.
"What I heard Chertoff saying was, 'Look out, we're going to have enforcement now.' And we'll see if it's going to be enforcement by publicity or not," Whitlock said.
Tribune staff reporter Mitch Dudek contributed to this report from Chicago.
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