Braley: Agriprocessors Should Be Fully Investigated

U.S. Congressman Bruce Braley is pushing federal agencies to investigate Agriprocessors in Postville for possible violations of immigration law.

In a letter to Immigration and Customs Enforcement and the U.S. Attorney for the Northern District of Iowa, Braley questioned “Agriprocessors’ commitment to making sure they have a legal workforce.” The kosher meatpacking plant had 40 percent of its workforce removed during a federal immigration raid on Monday.

“Until we enforce our immigration laws equally against both employers and employees who break the law, we will continue to have a problem with illegal immigration,” Braley said.

According to Braley, just three employers were fined for breaking immigration laws in 2004. Last year, following Bush administration promises “to make employer enforcement a priority,” Braley says 92 employers were arrested, but only 17 fined out of the six million employers in the U.S.

“Naturally, the sheer number of arrests made by ICE during Monday’s raid raises questions about Agriprocessors, Inc.’s knowledge of possible violations of employment and immigration law.”

For his efforts, Braley received the same answer as members of the media have received when asked about a possible or ongoing investigation. “Federal officials would not comment on the possibility of an investigation into Agriprocessors for possible violations of the law,” he said Wednesday evening.

An official at the Iowa Labor Commission has confirmed that Agriprocessors was under investigation for possible child labor and wage law violations at the time of the raid. No one would comment on the possible impact the raid would have that investigation.

Braley’s letter was written Tuesday as a formal request for a tour of the detention facilities at the National Cattle Congress in Waterloo. Braley indicated that he wanted to be sure that the facilities, “never designed for detention,” were suitable and provided sanitary living conditions.

Although Braley could not tour the facility personally due to congressional votes in relation to the farm bill, three members of his staff viewed the facilities on Wednesday afternoon. District Director Pete DeKock, Caseworker John Murphy and Communications Director Jeff Giertz toured the makeshift courtroom in the Electric Park Ballroom, temporary detainee housing in Estel Hall and attorney facilities in the Pepsi Arena.

“My aides report that federal officials at the Cattle Congress are conducting a professional operation,” Braley said. “Detainees are only being housed at the Cattle Congress grounds until their preliminary hearing, at which point they will be moved to other detention facilities. Officials with the U.S. District Court, Northern District of Iowa told my staff that they expect proceedings to continue at the Cattle Congress into next week.”

As of late Wednesday night, a total of 177 of the 390 workers detained had gone through initial appearances in federal court on criminal charges. Those individuals have been placed in the custody of the U.S. Marshal’s Office and are now being housed in jail facilities throughout the area. All but nine of the 177 are male.

Status hearings are scheduled to begin on May 19 at the makeshift court facilities at the National Cattle Congress in Waterloo and continue through May 21. It is during these hearings that the prosecution will provide probable cause for the charges — misuse of Social Security numbers, aggravated identity theft and/or possession of counterfeit identification documents — and defendants will enter a plea. Detainees being charged criminally are entitled to an attorney at the court’s expense.

Detainees not criminally charged, but with questionable immigration status, will remain in the custody of ICE for administration/deportation proceedings. Most, if not all, of these individuals will be moved to ICE detention centers in other states. Workers with questionable immigration status are not provided an attorney; however, ICE officials indicated Tuesday that lists of pro bono and low-cost immigration attorneys have been distributed to detainees.

Federal officials have labeled Monday’s raid, which netted 314 men and 76 women, “the largest single-site enforcement operation of its kind in the country.”