Braley Questions Status of Previous Labor Investigation of Agriprocessors

U.S. Congressman Bruce Braley wants to know if federal agencies communicated prior to the May 12 immigration raid on Agriprocessors in Postville and if investigations previously launched by the Iowa Department of Labor Services are continuing.

In a letter to the U.S. Department of Labor (DOL), the Immigration and Customs Enforcement agency (ICE) and the U.S. Attorney for the northern district of Iowa, Braley explains that he contacted the U.S. Department of Agriculture in November 2007 concerning the kosher meat processor.

“At the time, the focus of my attention was on the 250-plus noncompliance records (NRs), as well as letters of warning to Agriprocessors dealing with food safety,” he wrote.

According to Braley, the U.S. Department of Labor has been involved in a separate investigation of possible labor law violations, including illegal child labor. In the aftermath of the immigration raid, the U.S. Attorney’s office reported that 12 juveniles between the ages of 15 and 17 were detained during the raid of Agriprocessors.

“I would like to know whether ICE communicated with DOL prior to the enforcement action on May 12,” Braley said. “Also, what is the status of these DOL investigations? Is there any coordination going on between ICE, [the U.S. Department of Justice] and DOL as they presumably continue their investigations related to Agriprocessors?”

Braley believes it is important that both the ICE and DOL investigations continue.

“I firmly believe that any possible violations of labor law, immigration law and workplace safety laws should be investigated and prosecuted to the full extent of the law,” he said.

Braley ended his letter by indicating he looked forward to hearing from the agencies “within the next 10 days.”

According to Clark Kauffman of The Des Moines Register, Agriprocessors has had “a history of noncompliance with state and federal regulations related to food safety, pollution and workplace safety at its Postville facility.”

During 2006, Agriprocessors was either cited, fined or received letters of warning for workplace-safety violations, pollution, unsafe worker conditions and unsanitary conditions. In September of that year, the U.S. Department of Agriculture (USDA) issued a letter of warning to the operation that noted multiple instances of unsanitary conditions that had not been corrected. Fines from 2006 were well over $500,000.

In 2007, USDA inspectors found many of the same problems reported in the previous year. At least three recalls — one each of frankfurters, beef and chicken — were announced by the USDA.

The Iowa Division of Labor Services cited and fined Agriprocessors in March 2008 for 39 violations of workplace safety rules. Kerry Coonce, a spokesman for Iowa Workforce Development, the state employment agency, has been reported as saying “federal officials put the case on hold.”

Braley’s letter addressing the labor investigation is not the first received by ICE officials. On May 2, Mark Lauritsen, international vice president of the United Food and Commercial Workers (UFCW), wrote to advise the department about the investigation of the Postville plant and his desire that it continue. Lauritsen said he believed an immigration raid by federal authorities could block or otherwise interfere with the willingness of some employees to speak out about conditions and violations.

On May 12, federal authorities raided the plant, taking 389 workers into custody. The individuals detained by the government on possible criminal and immigration violations represented 40 percent of Agriprocessors’ workforce. Of those detained, 306 now face federal criminal charges, including misuse of Social Security numbers, aggravated identity theft and possession of counterfeit identification documents. Federal authorities have labeled the event the largest single-site, immigration enforcement operation in the nation’s history.