Postville, Iowa Immigration Raid

In May, 2008, ICE agents raided a kosher meat-packing plant.  (Video report.)  Most of the workers were illegal immigrants from Guatemala.  Around 400 illegal immigrants were charged with federal crimes.

The workers were not simply charged with being in the United States illegally.  They were charged with aggravated identity theft, under 18 U.S.C. § 1028A. (You may download a sample Indictment here.)   

Section 1028A provides:

(1) Whoever, during and in relation to any felony violation enumerated in subsection (c), knowingly transfers, possesses, or uses, without lawful authority, a means of identification of another person shall, in addition to the punishment provided for such felony, be sentenced to a term of imprisonment of 2 years.

...

(c) For purposes of this section, the term "felony violation enumerated in subsection (c)" means any offense that is a felony violation of ...

(2) section 911 (relating to false personation of citizenship) ....

In other words, you must knowingly (that's the key word) use someone else's identity.  It's importantly that the word knowingly is used.  It requires a showing of intent.  United States v. Montejo, 442 F.3d 213 (4th Cir. 2006) ("The word 'knowingly' in [Section 1028A] establishes that certain intent is necessary for conviction.")

So why were the Guatemalans charged with aggravated identity theft?

When we apply for a job in the United States, we must fill out Form I-9: Employment Eligibility Verification.  (Here's what the form looks like.)   Form I-9 requires use to state that we're entitled to work in the United States.  It also requires us to attach a photocopy of a document proving we're in the United States legally, e.g., a Social Security card.

Most of the illegal immigrants were uneducated farm workers. How many could read or write?  How many of them actually filled out their own I-9's? 

I don't many - if any - of them filled out their own paperwork.

Here is what almost certainly happened: The non-English-speaking illegal immigrants showed up to work.  Someone in payroll filled out the I-9's, assigned them all Social Security numbers, and attached bogus documents.  The immigrants were told to, "Sign here," and then they went to work. 

How many simply signed when told to sign, without having read the I-9?  Who knows?  But based on the numbers, by chance alone some of them did not appreciate the nature of their actions. 

Think about it.  I have no clue what Mexico's form of Social Security is.  If I went to work in Mexico (I do not speak Spanish) and someone gave me a card, I'd have no idea what that card was.  If someone in the payroll department assigned me a "Mexican Social Security" number without telling me, how would I know?

I'd also be he happy to sign whatever documents I was told to sign.  After all, as an illegal immigrant in Mexico, I would need to work.

Yet here the government tells us that all of the meat packers knowingly used someone else's identification documents.  Based on what evidence?  Whatever the evidence was, it was never tested in court. 

Unfortunately, the prosecutors, defense lawyers, and judges became meat packers.  They were more concerned with moving the human meat through the criminal justice system than they were with determining who was guilty or innocent.  Unfortunately, the "defense lawyers" were more concerned with helping prosecutors than defending their clients.

There was a systemic failure in Iowa.  Dozens - likely hundreds - of innocent people are now sitting in prison, unable to work or support their families.

This is justice?

Someone must be held accountable.  I am going through the indictments on PACER.  I'm going to create a master list naming everyone involved in this human meat-packaging plant.

UPDATE: Peter E. Deegan, Jr  was one of the main prosecutors involved. He may have been the supervising attorney. 

Comments

[Eric]

I have ZERO sympathy for the workers. They KNOWINGLY came here illegally and used forged documents to get a job. That being said, the people employing the illegals, from the owner on down to the people in human resources, should be facing serious jail time. If we stop worrying so much about punishing the uneducated worker trying to eek out a living however they can and start going after the people employing them, the problem will fix itself. What we really need to do is a comprehensive restructuring of the immigration laws. There's no reason for people going through the proper legal channels to have to wallow in limbo for upwards of ten years. Immigration is the life blood of our country. Show a basic understanding of English, say the pledge of allegiance, have a quick background check, and BAM... you can work here.

[Mike]

They KNOWINGLY ... used forged documents to get a job.

How do you know they used forged documents? Do you have any proof beyond the government's accusations?

[Rod Roggensack]

It appears to me that the strategy being employed, as contrasted with simply deporting the workers, is to establish a case against the employers (Hurray!) who I am convinced were involved in their recruitment and document fraud. The workers are simply pawns in a large and shameful scandal. Illegals are "without the law", "outlaws", and therefore subject to every kind of abuse and exploitation by their employers because of their vulnerability. It is way past time for the government to get tough with these businesses, and the only way they are going to be able to prove cases against them is with the assistance of the victims.

[S.cotus]

One problem with this post is that a lot of it relies on multiple layers of hearsay about legal matters. Many of the spekears are silly non-lawyers who really have no idea what is going on and even though they might be close to the proceedings, would have no idea why a lawyer for a defendant might do something. Instead, the NYT and others recites silly trips about a "line" being crossed. If someone's substantive rights were violated, such violation should be stated with specificity, not in terms of some vague lay-babble about "lines" being crossed when many people are arrested at once.

Eric, There are a number of flaws in your argument. Some of which are based on simply flawed assumptions, and others are likely due to the fact that you are not a lawyer and therefore your patriotism can be questioned.

First of all, there is no indication that the defendants entered the US illegally. Indeed, they may well have entered legally, but overstayed, or began working without a proper permit.

Second, there is no indication that they used forged documents, or whatever documents they did used were forged by the defendants.

In general, I think the only way to stop illegal immigrants from working is to prosecute the people that knowingly benefit from illegal immigration. This includes people that patronize restaurants that charge low prices because they rely on illegal immigration. These people know what is going on, and it is high time that the government raid every family restaurant that employs illegals and cart the patrons away (sending the children of the patrons to special jails for kids.) If you disagree with me, you are in favor of illegal immigration.

Finally, the rest of your post -- demanding a "comprehensive reform" is vague.

[Aaron]

Small world. I don't know Peter E. Deegan, Jr., although I believe we have met, but I used to practice quite often before his father.

[Tom]

What does illegal mean to you? The workers and the management involved in this are CRIMINALS! In this caes the government is doing a great job.

[Mercedes]

The first ones to blame for this problem is the government of Guatemala. They should provide their citizes secure jobs in their own country. Instead, the Guatemalan government had the audicity send the Vice-Minister of Exterior to come to the USA to demand our government allows these individuals to stay here.

[kimberly gray]

i was wondering why some well most mexicans are sent back to mexico when my ex of five years has not been. he is non stop threatening my son and i. he has warrants for his arrest in california, 3 OWI charges and one domestic assault charge and he is illegal but allowed to stay. how is someone to feel safe.

[Turkle]

I always question anyone that uses "they can't speak the language" argument when asserting that someone is ignorant of the inner workings of another government. People who use this argument make the assumption that the illegal aliens have been lied to about the chances they take coming here illegally. These people make the assumption that being "uneducated farm workers" makes you a total mindless moron. Give me a break. Even uneducated farm workers in Guatemala have television and radio. They also have social networks (how else did they get from San Luis, Guatemala)that provide them descriptions of what American life will be like. If they did not know of the risk, why would they live a life of secrecy both before and after entering the country? Why do they not only take false documents, but change their names once entering the country. If they are so ignorant to their situation, they would be more open about their background and method of entering the country.
Oh, I am in full support of going after the "purses" in this arrangement. Hit the people making money off of illegal immigration. We need a television show on prime-time that has a sole mission of exposing businesses that employ illegal aliens. Use paid actors fluent in Spanish to infiltrate these operations and bust owners and managers while the camera is rolling.

[2for1danval]

Turkle: I think your idea is EXCELLENT. I'm forwarding it on to my brother in law in LA who works for FOX.

Bottom line (yes, there is one): They are called ILLEGAL IMMIGRANTS for a reason.

Don't do the crime if you can't do the time...

[Ken Serig]

To those reading this article who think this is a terrible injustice to the "immigrant workers" and their families: What part of ILLEGAL ALIEN do you not understand!!! You say, but we are a nation of immigrants. I say, we are also a nation of laws – and it is past time for the law to be enforced. - - - My family is a family of immigrants to this nation from Germany, however, my great-grandfather, his wife and several children [eventually 13 of them] stood in line and entered the country LEGALLY. I hear talk of the injustice being done to the children of the ILLEGALS because of the trauma it causes them seeing their parents arrested and hauled away. I agree that this is a great injustice to these children, and it is a horrible thing their parents have done to their children by putting them in a position of having to watch their parents being lead away because of the parent’s lawbreaking! I honestly feel sorry for these children, and I believe compassionate American families should come forward to adopt the children and let the parents go back home. In assessing the whole situation, and really thinking about all the great injustice being done, none of them combined even come close to the injustice of the hard working American taxpayers having to foot the bill for the mess the ILLEGALS have caused themselves. We, have to pay for the helicopters, the busses, the police cars, the jails, the pilots flying the helicopter, the bus drivers, and the police officers, all the gasoline and insurance for these vehicles, the handcuffs, the social workers, the counselors for the kids, the doctors and hospital bills for the possible injuries that the ILLEGALS being arrested may suffer by resisting arrest, feeding and housing the ILLEGALS in jail, feeding and housing the children, and the worst injustice to the American taxpayer for the whole thing is having to pay for the attorneys to defend the indefensible ILLEGALS for being here ILLEGALLY in the first place. - - - A quick correction to the injustice done to American taxpayers would be for the US Government to deduct the millions this operation will end up costing from all the free money we are already giving to Guatemalan government. If we did this, I’ll bet the President of Guatemala would change his tune!

[As Crazy as the Freaks Above]

Next time your dog or kid steps on my lawn, WHICH IS AN ILLEGAL ACT, I'm going to drop him into a vat of BOILING ACID.

IF YOU BREAK THE LAW YOU DESERVE WHATEVER HAPPENS TO YOU. IF YOU SPEED, I HOPE YOU ARE SODOMIZED BY METAL TEETHED RODENTS! MAYBE THEY EAT THE NIPPLES FROM YOUR VERY SKIN!

HAHAHAHAHAHAHAHAHA!

YEAH!