The U.S. Senate Judiciary Committee, of which Iowa Republican Chuck Grassley is a member with seniority, agreed today by unanimous consent to pass the nominations of Stephanie Rose and Nick Klinefeldt on to the full Senate.

“These individuals are enthusiastic, intelligent attorneys, and I’m pleased to support their nominations,” Grassley wrote in his statement for the committee. “I urge my colleagues to join me in voting for [them].”

Nick Klinefeldt & Stephanie Rose

Although both nominees are considered well-qualified for the positions, neither has been able to escape criticism.

Rose’s critics point to her role in the prosecution of the more than 300 immigrants that were detained in the raid at Agriprocessors in Postville. Criticism of Klinefeldt, which has been little more than a whisper when compared to the organized and often aggressive effort against Rose, has not centered on him personally, but on the fact that his father is currently serving a 10-year sentence on drug-related charges. In each instance, Harkin has vehemently defended the two attorneys.

In addition to the two Iowa nominees, the committee also approved by unanimous consent the nomination of Kenyen Brown for U.S. Attorney for the Southern District of Alabama.

If confirmed by the Senate, Klinefeldt will replace Matt Whitaker, who was nominated by then-President George W. Bush and unanimously confirmed by the U.S. Senate in June 2004. If confirmed, Rose will replace Matt Dummermuth, an attorney recommended by Grassley and appointed by then-President George W. Bush in January 2007. Although nominated by the Bush administration in December 2008, Dummermuth never faced Senate confirmation.

There are a total of 93 U.S. Attorney posts in the nation. To date, including the three nominees today, the Judiciary Committee has approved 24 individuals, and 18 of those have gone to be confirmed by the Senate.

Stephanie Rose

A social justice organization has taken a stand against the woman nominated to be the next U.S. attorney for the Northern District of Iowa.

Friends of Justice issued a statement Wednesday describing the nomination of Stephanie Rose for U.S. attorney as “just plain wrong.”

Rose, who has worked in the office since 1997 and currently serves as the deputy criminal chief, is tainted, according to the organization, due to her involvement in the prosecutions of hundreds of immigrants following a massive raid of the Agriprocessors meatpacking plant in Postville in 2008.

…Rose helped execute the unprecedented use of expedited trials and exploding plea agreements to convict 306 undocumented workers at the Postville. At the time of the Postville Prosecutions, Rose was not a low ranking member of the office but was in a leadership position as third in charge in the office for criminal prosecutions. Earlier this year, Stephanie Rose was asked about her role at Postville. Even in hindsight, she defended the raid and prosecutions saying “executing the massive operation required amazing effort and a ton of good work.”

… We find it impossible to understand what grounds Ms Rose and her colleagues had for choosing to exercise their prosecutorial discretion in this case with such aggression and lack of respect for due process, other than the requirements of their own ambition. They brought the full force of the USA office to bear on the most vulnerable members of a community with full knowledge that the U.S. Department of Labor was conducting an ongoing investigation of child-labor and wage violations at the plant where these same workers were being victimized…

It is criticism that U.S. Sen. Tom Harkin, who recommended Rose for the nomination, has heard and answered previously.

“We looked into this in great detail [while considering the recommendation of Rose for the U.S. attorney post],” Harkin told The Iowa Independent in April. “We contacted lawyers that were involved on the defense side during the hearings in Waterloo. The lawyers, who provided defense during that event, have come out with a letter in support of Rose’s nomination.”

The letter referenced by Harkin was signed by 11 defense attorneys who agreed that Rose took no part in the decisions to conduct the immigration raid in Postville or to fast-track the immigrant workers who were detained as a part of the raid.

…She did not make the decision to fast track these cases, nor did she have any part in how the individuals were to be housed. In addition, she did not make the decision regarding what charges were to be brought against these individuals. With the limited discretion that she had regarding the circumstances and particularly the plea agreements, Ms. Rose exercised her judgment admirably and very favorably to defendants.

Any criticism about Stephanie Rose apparently comes from those who have never had a criminal case with her, and instead represent a blanket disagreement with the Immigration policies and statutes of the United States.

Dr. Erik Camayd-Freixas, a federal court interpreter who wrote an explosive essay condemning the handling of the prosecutions resulting from the Postville raid, vehemently disagrees with the defense lawyers who signed the letter in support of Rose.

He provided a brief to the U.S. Senate Judiciary Committee on Wednesday stating that the “Postville defense attorneys who sent a letter of support for AUSA Rose to Senator Harkin, who recommended her, have no specific knowledge of Rose’s participation in confidential decisions of the U.S. Attorney’s Office, and are not in a position to vouch for her as though there had been no problems with the proceedings or their participation in the defense.”

Camayd-Freixas asserts that the defense attorneys who signed onto the letter were “severely criticized nationally by their colleagues for ineffective assistance of counsel, including taking on an average 17 defendants each, failing to provide accurate advice on immigration consequences, and failing to protect the human and due process rights of their clients.”

In his brief, Camayd-Freixas does fail to note that much of the criticism in the wake of the Postville raid and prosecutions was sparked by and nearly without fail reference his own published essay regarding what transpired and his theories as to why. Camayd-Freixas also pulls information from a wide variety of sources, including congressional testimony, to make his case that Rose’s involvement in the fast-track prosecutions was much more integral than has been described and that the overall process was one that usurped due process in favor of expediency.

Although President Obama has accepted Harkin’s recommendation and placed Rose on the nomination list, the Senate Judiciary Committee has not yet scheduled a hearing on her nomination. When the committee does take up the nomination, U.S. Sen. Chuck Grassley will be involved as a member with seniority.

The U.S. Attorney’s Office for the Northern District of Iowa continues to be led by Matt Dummermuth, a man on the fringe of the national U.S. Attorney scandal who was nominated by then-President George W. Bush, but has never faced Senate confirmation.

Editor’s Note: An earlier version of this blog post incorrectly attributed a statement made about U.S. attorney nominee Stephanie Rose to a southern justice organization called Friends of Justice. A different organization also calling themselves Friends of Justice issued the statement on Wednesday night, not the nonprofit group organized in the wake of a 1999 Tulia drug sting in Texas, which denies it made the statement.

Misti Kloubec

Misti Kloubec, a Cedar Rapids resident and administrative officer in the U.S. Attorney’s Office, received the award from U.S. Attorney General Eric Holder during an Oct. 21 ceremony in Washington, D.C.

“Many people in our office played critical roles in responding to the flood of 2008, but no one did more than Misti in helping our office establish effective operations at a temporary location in less than two weeks and ensuring a smooth return to our permanent office within five months,” said U.S. Attorney Matt M. Dummermuth. “Misti’s tireless efforts in finding practical and creative solutions to significant challenges in the midst of the flood and for months afterward were truly outstanding and deserving of this highest administrative support honor the department can grant.”

While presenting the award to Kloubec, Holder noted that she “carried out the important mission of the Department of Justice … with excellence and distinction.”

The manufacture of meth requires large amounts of pseudoephedrine, a chemical found in common sinus and cold medications. Because of the dangerous nature of both the end product and the manufacturing process, Iowa law seeks to limit the number of such products that can be purchased by individuals during specific time frames. Those who wish to bypass the law engage several individuals to participate in a process known as “smurfing,” which is making small individual purchases of the products in order to supply the larger needs of the meth lab.

The “meth cook” in this particular ring, according to federal prosecutors, was Anthony Grenier, a 46-year-old resident of Sioux City. Grenier allegedly made pure meth almost daily for about eight months with pseudoephedrine pills supplied to him by 25 to 30 other individuals. In addition, some of those recruited to “smurf” for Grenier are believed to have organized additional individuals to “smurf” for them.

As of this morning, the U.S. Attorney’s Office for the Northern District of Iowa, reports that 16 out of the 23 identified defendants have been convicted and sentenced to federal prison terms ranging from 30 months to 23 years. The seven others convicted await sentencing.

“This is the largest meth manufacturing ring ever prosecuted federally in the Northern District of Iowa in terms of the number of defendants involved,” said U.S. Attorney Matt Dummermuth in a prepared statement today. “After Iowa’s 2005 law made it harder for meth cooks to get the pseudoephedrine needed to make meth, there was a huge reduction in homemade meth. However, because of pseudoephedrine smurfing conspiracies like this one, we’re seeing meth production increase again.”

Dummermuth said he hopes such large prosecutions will serve as future deterants to those who wish to set up similar illegal organizations.

Woodbury County Sheriff Glenn Parrett theorized that homemade meth production has increased because law enforcement has stepped up efforts to eliminate foreign drug imports.

“Prices have gone up and quality has gone down, resulting in people turning to making their own,” he said.

Grenier and Angela Walters, 33 and also of Sioux City, received their prison terms after entering guilty pleas with the court. The two acknowledged that they conspired to manufacture more than 50 grams of meth.

Sioux City residents Joshua Brown, Libby Dickes, John Provost, Nathan Dewall, Schauna Carson and Joey Johnson pleaded guilty to conspiring to manufacture more than five grams of meth. Salix resident Jonathan Bush also pleaded guilty to the same charge.

Five additional Sioux City residents — Jon Stolpe, Kelly Sachau, Janelle Bertha Brown, William Dible and Ronald Lewison — pleaded guilty to conspiring to manufacture meth.

Each of the defendants had specific duties within the manufacturing ring. Dewell, 21, did “perimeter checks” while Grenier made meth and obtained anhydrous and other needed items. Dickes, 30, obtained pills and helped to obtain anhydrous on at least once occassion. Stolpe, 40, provided pills to Grenier for use in the illicit manufacturing operation.

Sachau, Lewis, Dible, Walters, Provost, Joshua Brown, Janelle Brown, Carson, Bush and Johnson, who range in age from 23 to 56, all provided pills directly or indirectly to Grenier in exchange for meth.

Individual sentences are as follows:

• Grenier – 274 months in prison, and 10 years of supervised release
• Sachau – 57 months in prison, and 6 years of supervised release
• Lewison – 70 months in prison, and 3 years of supervised release
• Dible – 91 months in prison, $12,500 fine and 3 years of supervised release
• Provost – 150 months in prison, and 4 years of supervised release
• Joshua Brown – 102 months in prison, and 8 years of supervised release
• Janelle Brown – 57 months in prison, and 3 years of supervised release
• Carson – 60 months in prison, and 4 years of supervised release
• Stolpe – 41 months in prison, and 6 years of supervised release
• Bush – 37 months in prison, and 5 years of supervised release
• Johnson – 90 months in prison, and 8 years of supervised release
• Dewall – 108 months in prison, and 4 years of supervised release
• Dickes – 59 months in prison, and 4 years of supervised release
• Walters – 85 months in prison, and 5 years of supervised release

Michael Breaman and Jamie Webster, both of Sioux City, were sentenced last month in connection with their roles in the conspiracy. Breaman, 44, was given 23 years in prison and an additional 10 years of supervised release. Webster, 19, received 30 months in prison and an additional three years of supervised release.

Seven additional defendants, all from the Sioux City area, have either pleaded guilty or were convicted at trial and are awaiting sentencing. Those seven defendants are: Kris Anderson, 30, Deb Faber, 47, Charles Fox, 32, Michael Kluge, 38, Shain Malloy, 39, Jeramie Frederick, 32, and Scott Taylor, 33. Kluge, who was convicted at trial, faces a possible sentence of life in prison.

The case was investigated by the Tri-State Drug Task Force based in Sioux City, which consists of law enforcement personnel from the Drug Enforcement Administration, Sioux City Police Department, South Sioux City (Nebraska) Police Department, U.S. Immigration and Customs Enforcement, Woodbury County Sheriff’s Office, Iowa National Guard, Iowa Division of Narcotics Enforcement, U.S. Marshals Service, South Dakota Division of Criminal Investigation and Woodbury County Attorney’s Office.

Rose is quick to point out that, in addition to Roxanne Conlin, the state’s first Senate-confirmed woman to serve as a U.S. Attorney in the Southern District, another woman served briefly at the helm of the Northern District Office. Judi Whetstine, a First Assistant U.S. Attorney under Charles Larson, Sr., was initially appointed as acting U.S. Attorney when Larson retired. Shortly after receiving that appointment, Whetstine announced her own retirement and was not confirmed by the U.S. Senate.

“It’s very exciting,” Rose told Iowa Independent by telephone Friday afternoon. “If Pres. Barack Obama agrees with Sen. Harkin’s recommendation, I look forward to the confirmation process. After that, I look forward to leading the Office for the Northern District of Iowa.”

Rose, who graduated from the University of Iowa with both her undergraduate and law degree, began working in the Northern District Office in 1996. Her first assignment was as a law clerk. Within a year, however, she was promoted to the position of Special Assistant U.S. Attorney. Two years later she became an Assistant U.S. Attorney and she has, since last year, been serving as Deputy Criminal Chief.

“As a 12-year attorney in the U.S. Attorney’s Office, Ms. Rose has demonstrated great intellect and judgment, leadership and strength of character, and commitment to the unique role and responsibilities of U.S. Attorney,” Harkin said. “She has the right combination of experience and integrity to bring effective leadership and justice to the Northern District.”

As a prosecutor, Rose has served as lead counsel in more than 260 criminal felony cases and as associate counsel in over 50 federal cases. She has argued before the 8th Circuit Court of Appeals 34 times, and earned national recognition within the U.S. Department of Justice as one of the nation’s leading prosecutors of illegal internet pharmacy cases.

“Given her long tenure in the office, she is particularly well suited to serve as the chief administrator,” Harkin added. “She is acutely aware of the office’s current strengths and weaknesses, and she will have the credibility to bring about needed changes.”

Harkin’s recommendation of Rose has been sent to the White House. If the Obama administration agrees, a notice will be sent to the U.S. Senate of Rose’s nomination for the position. Both of Iowa’s Senators will have opportunity to file paperwork in relation to the nomination and then a Senate subcommittee can begin the confirmation process.

If confirmed, Rose will replace Matt Dummermuth, an attorney recommended by Sen. Chuck Grassley and appointed by Pres. George W. Bush in January 2007. Although nominated by the Bush administration in Dec. 2008, Dummermuth has never faced Senate confirmation.

Sen. Tom Harkin

Interviews for the individuals being considered for the two U.S. attorney posts in Iowa are complete, according to U.S. Sen. Tom Harkin, and his office hopes to make its recommendations to the White House soon.

“I completed the interview process this past weekend,” Harkin said Thursday during a conference call with members of the press. “We are now going through the files and very soon — maybe even yet this week, I hope, if not early next week — I will be forwarding some names to the White House counsel.”

Harkin, a Democrat who has represented Iowa in the Senate since 1985, indicated his pleasure with the overall quality of the candidates for the positions but did not mention any names. There is, however, at least one woman among the finalists, the senator said. Roxanne Conlin, who served from 1977 to 1981 in the southern district of Iowa, is the first and only woman to be confirmed and serve as a U.S. attorney in Iowa.

Harkin said that he looked for individuals that would not only be diligent prosecutors but who would “work diligently to help change our system” so that there isn’t extreme prosecution of “the little guy” and that alternatives to prison are considered.

“Our prison population is being overwhelmed by [this problem],” Harkin explained. “A lot of the people in the prisons are there for non-violent crimes — such as drug offenses. But we aren’t doing anything for rehab.”

Harkin noted work and research conducted by the sheriff’s offices in Polk, Woodbury and Story counties has shown that methamphetamine abusers can be rehabilitated and re-enter society.

“It seems to me that we need to look for prosecutors who are willing to consider other avenues such as that,” he said. “I want prosecutors who want to get violent criminals off the streets. I want to see them go after those who are pushing and manufacturing drugs, not just the drug users. Go after those people who are making the big money in drugs, not just the low-level users of them.”

Harkin summarized that he was looking for a prosecutor who had a “good sense of justice.”

“I think right now the stature of the Department of Justice is not very high,” he said, “because of [John] Ashcroft and [Alberto] Gonzales and all of that mess — the ideological thrust of it,” he said, referring to two attorneys general from the Bush administration. “We need to again raise public support for the Department of Justice by making it more professional and non-ideological.”

Iowa’s two U.S. attorney’s offices are currently served by Matt Dummermuth in the northern district and Matt Whitaker in the southern district. Both were nominated by then-President George W. Bush, although Dummermuth has never been confirmed by the U.S. Senate. Dummermuth’s nomination and subsequent appointment to his current post came after the 2005 re-authorization of the USA Patriot Act. The legislation allowed the president — through the office of the attorney general — to replace U.S. attorneys who had retired or resigned with appointees that could serve indefinitely without undergoing senatorial oversight. The loophole was closed in June 2007 when that portion of the legislation was rescinded, but Dummermuth was one of several U.S. attorneys already serving in an indefinite interim role.

Whitaker was confirmed by the Senate in June 2004.

Sen. Tom Harkin

U.S. Sen. Tom Harkin is hopeful that he will present the Obama administration with recommendations for Iowa’s two U.S. attorney posts in the next few weeks. As the federal government’s top prosecutors in the state, both positions are central to Iowa law enforcement and both are politically sensitive.

Harkin said he is meeting with potential candidates but did not name any names.

“We are grateful to have a number of highly qualified individuals interested in each of the U.S. attorney positions,” Harkin said in an e-mail to the Iowa Independent Tuesday. “We’re equally grateful to have a high level of anticipatory interest in our process, which we hope will lead to recommendations … during the coming weeks.”

A spokesperson in Harkin’s office said  there are currently no “finalists” for either the Northern District position, now held by Matt Dummermuth, or the Southern District office, now occupied by Matt Whitaker.

By tradition, the senior senator of the president’s party nominates candidates from among whom the White House chooses. While each new incoming administration gets the prosecutors they want, the White House is expected not to interfere with their work as Attorney General Alberto Gonzalez and the administration of President George W. Bush did in New Mexico, southern California and several other well-publicized cases.

Both of the Bush-appointed U.S. attorneys have roots in politics as well as the law. Neither has figured in the national U.S. attorneys scandal. While Whitaker and Dummermuth both have a wide array of drug, gun and sexual predator convictions under their belts, they are arguably best known for their response to immigration raids.

In the Southern District, Harkin and the Obama White House will replace Matt Whitaker, a 2002 Republican candidate for state treasurer, who has served since June 2004. An attorney at the Finley Alt Smith firm in Des Moines prior to his appointment, Whitaker was nominated by Bush following a recommendation by U.S. Sen. Chuck Grassley. He had worked for the law firm of Briggs & Morgan in the Twin Cities and as corporate counsel for the national SUPERVALU grocery company.

Whitaker was one of six U.S. attorneys who took charge of investigation and prosecution in the aftermath of Operation Wagon Train, a massive December 2006 immigration raid that netted arrests of 1,297 meatpacking plant workers in six states. Swift & Company, which was at that time one of Marshalltown’s largest employers, was targeted by Immigration and Customs Enforcement (ICE) in the raid.

U.S. Attorney Matt Whitaker, earned U.S. Sente confirmation in June 2004. His tenure followed Stephen Patrick O'Meara (2003-2004), Steven M. Colloton (2001-2003), Inga Bumbary-Langston (2001) and Don C. Nickerson (1993-2001).

The days that followed were ones of confusion for family members, immigration advocates and attorneys. The federal government, indicating it was acting on the wishes of local law enforcement at the locations of the temporary detention facilities, would not publicly release the whereabouts of those detained.

Whitaker was criticized for alleged heartlessness in the days following the raid because he dismissed reports of children being separated from their parents as exaggerated stories told for political gain.

Seven days later, on Dec. 19,  a federal grand jury in Des Moines handed down indictments of 23 undocumented workers on immigration and identity-theft charges. It was Whitaker who announced that the 23 charged came from a pool of 664 workers federal authorities suspected of being in the U.S. illegally. Whitaker also announced that 89 people had been removed from Marshalltown on the day of the raid, a number “lower than expected.” Two low-level members of plant management were charged and ultimately convicted on immigration-related charges. One received a year in prison and the other was sentenced to probation.

While speaking with the Associated Press about his belief that the Obama administration will replace him as U.S. attorney, Whitaker defended his actions following the much-criticized raid, noting that hourly wages in Marshalltown increased by $2 as the source of exploitable undocumented workers dried up. While the media remained busy doing periodic impact reports from Marshalltown and the five other sites included in the 2006 raids, the Department of Homeland Security (DHS) quietly secured the National Cattle Congress fairgrounds in Waterloo, reportedly for training exercises.

Those facilities came in handy for Matt Dummermuth, the interim U.S. attorney for the Northern District, who had jurisdiction when 389 workers at the Agriprocessors meatpacking plant in Postville — nearly a third of the workforce — were detained on May 12, 2008, by federal authorities. All were initially taken to the secured Waterloo facility, although a few women were transported to a county jail.

U.S. Attorney Matt Dummermuth

Dummermuth, who worked as a previous campaign staffer for the successful Bush-Cheney 2000 presidential campaign and for the Civil Rights Division of the U.S. Department of Justice, seemed to have learned from the Marshalltown public relations fiasco. He launched a much more transparent public relations campaign, featuring joint press conferences with immigration officials and a steady stream of press releases.

His office let reporters know that approximately 40 Postville residents were released, with ankle tracking devices, because they had health concerns and/or small children. Even a forgetful public could remember the charges of “inhumane treatment” associated with the Swift detentions, and Dummermuth’s gesture insured that the Postville raid attracted much less criticism.

Within two weeks, more than three-quarters of all those detained had been quickly and efficiently convicted of criminal wrongdoing, primarily on identity theft-related charges. Although critics strongly voiced their opposition to the temporary courtroom facilities at the fairgrounds and immigration attorneys chafed at less-than-adequate access to clients, Dummermuth was credited with quick completion of an unprecedented undertaking.

Because of Dummermuth and his wife Rebecca’s direct connections to the Bush administration — she was a former White House associate director for legal affairs in the Office of Faith-Based and Community Initiatives – his appointment was repeatedly scrutinized at the time of the U.S. attorney scandals. To his and his staff’s credit, Dummermuth was not accused of any perceived impropriety.

Sen. Chuck Grassley, for whom Dummermuth once interned, first recommended Dummermuth, a native of Elgin, to replace the retiring Chuck Larson Sr. in 2006. Nearly two years later — and nearly a year after Dummermuth had been sworn into office — President George W. Bush sent the official nomination to the U.S. Senate. Confirmation hearings were never held because the necessary paperwork from the Iowa delegation was not received.

“Mr. Dummermuth will absolutely be replaced,” she wrote. “He is not being considered for the position.”

Original story:

The U.S. Attorney’s Office for the Northern District of Iowa may or may not come under new leadership in the coming months, according to a spokeswoman in U.S. Sen. Tom Harkin’s office.

“We are considering the suggestions that we’ve received,” said Jennifer Mullin, press spokeswoman for Harkin, while acknowledging that the nomination would ultimately be made by the White House.

When asked if U.S. Attorney Matt Dummermuth, who has never faced Senate confirmation, was being considered for the job he currently holds, Mullin responded that “nothing is off the table.”

Dummermuth, one of the youngest U.S. attorneys in the nation, garnered the appointment by President George W. Bush to replace retiring Charles W. Larson, Sr. after a 2006 recommendation by Republican Sen. Chuck Grassley, a lawmaker for whom Dummermuth previously interned. The appointment also followed the retirement of then-First Assistant U.S. Attorney Judi Whetstine, who was initially appointed as acting U.S. attorney for the district. Dummermuth was sworn in Jan. 30, 2007 in interim for the Northern District of Iowa.

Primarily due to the timing of Larson’s retirement and the subsequent recommendation and appointment, Dummermuth has been a fringe player in the national U.S. Attorney scandal.

The U.S. Department of Justice announced this week that there were no demands for immediate letters of resignation from existing U.S. attorneys by the incoming administration. Although Iowa Independent requested information from Dummermuth’s office as to his future plans, a response was not forthcoming.

Today — the last day makeshift courtroom facilities at the National Cattle Congress in Waterloo were used — the final groups of those accused were shackled and walked before a judge to enter their pleas. A full 98 percent, or 297 of the 302 detainees facing criminal charges, opted to enter a guilty plea and accept a lesser sentence. They will be deported and banned from reentering the United States for the rest of their lives.

The U.S. Attorney’s Office originally indicated 305 had been arrested on criminal wrongdoing. After that announcement was made, six cases involving juveniles were dismissed and three additional defendants were arrested. Of the 302 that faced criminal charges, only five did not opt to enter a guilty plea. Those five individuals will make their next court appearances at the federal building in Cedar Rapids next week during preliminary hearings.

“Months of investigation and operational planning really paid off and allowed us to move through so many cases since May 12,” said Matt Dummermuth, U.S. Attorney for the Northern District of Iowa. “Other key factors include ICE’s substantial commitment of personnel and resources, the outstanding cooperation of a number of other vital law enforcement agencies, and the flexibility of the court in moving its operations to Waterloo. But the single biggest reason for the astonishing success of this operation to date has been the dedication, expertise and around-the-clock work during the last two weeks of the people involved, including employees from my office, from all of the participating law enforcement agencies and from the federal court.”

While continuing to praise those who worked additional hours to complete the task at hand, Dummermuth also took exception to those who spread “misinformation” in the wake of the raid.

While long hours and challenging circumstances were faced, those involved acted with professionalism and respect for the Constitution and the rule of law,” he said. “It is unfortunate that those with their own agenda have spread misinformation — ignoring the fact that 297 people admitted their crimes and accepted the consequences of their actions. There have been no checkpoints, no random checks, and no house-to-house sweeps as have been rumored. Those arrested were provided with attorneys before they decided to plea guilty, and we are working with the Department of Labor to see to it that employees who are in custody receive their final paychecks.”

Claud Arnold, special agent in charge of ICE’s Office of Investigations, echoed both Dummermuth’s praise and criticisms.

“Despite the usual spate of false allegations and baseless rumors, this operation and its follow-up activities were carried out with the utmost professionalism,” Arnold said. “Dozens of arrested adults were released to care for their children, 23 juveniles were turned over to responsible adults or to specialists, and every detainee was treated with respect and dignity at all times.”

Scott Baniecke, field office director for ICE’s Detention and Removal Operations, said that detainess were given access to phones as well as a medical staff. He added that those accused were provided “secure, private areas” to meet with attorneys and officials from their home countries.

The final day of court in the Waterloo facility was subdued. Hearings began at 8 a.m. and concluded at roughly 6 p.m.

The final breakdown of the criminal cases are as follows:

• 230 were sentenced to five months in prison and three additional years of supervision for using identification that belonged to another person to obtain employment.
• 30 were sentenced to five months in prison and three additional years of supervision for using a Social Security number or card that belonged to another person to obtain employment.
• 8 were sentenced to five months in prison and three additional years of supervision for illegal entry into the United States.
• 2 were sentenced to 12 months and one day in prison and three additional years of supervision for using identification that belonged to another person to obtain employment.
• 21 were sentenced to five years of probation for using completely fake identification to obtain employment.
• 2 were sentenced to five years of probation for using completely fake Social Security numbers or cards.
• 4 were sentenced to five years of probation for illegal reentry into the United States.

Of the 297 individuals sentenced, the vast majority — 248 or 83.5 percent — came from Guatemala. There were also 48 individuals (16.2 percent) who came from Mexico and one man from the Ukraine.

Although the vast majority of criminal prosecutions has been completed, Arnold made a point of noting that the investigation, led by ICE, is ongoing. An official in the U.S. Attorney’s Office also indicated that the investigation remains open.

“Based on the number of criminal arrests, this is the largest criminal worksite enforcement operation ever in the United States,” Matt Dummermuth, U.S. Attorney for the Northern District of Iowa, said Thursday evening.

Charges in the official complaints vary by individual and include allegations of aggravated identity theft, false use of a social security number, illegal reentry into the United States and fraudulent use of an alien registration card.

Detainees arrested on criminal charges have been provided court-appointed defense attorneys and have had initial court appearances. They are now being held in local jails — nearly 100 in the Linn County jail alone — and are in the custody of the U.S. Marshal’s Office. Those accused will travel back to the temporary detention facility at the National Cattle Congress in Waterloo next week for status hearings in the makeshift court facilities there. Many preliminary hearings have been schedule the following week in the federal building in Cedar Rapids.

The American Civil Liberties Union of Iowa issued a statement in which it condemned “the unnecessary use of criminal prosecutions to coerce hundreds of foreign-born workers…into waiving their rights to individually demonstrate why each of them should be allowed to remain in the United States.”

“A civil deportation proceeding is the best way to address immigration cases, and each case needs to be handled on an individual basis,” said Ben Stone, executive director of the ACLU of Iowa. “By converting the meatpacking plant raid into a mass criminal prosecution, the government is wasting precious legal resources and giving short shrift to the American right of due process, which belongs to all persons, not just citizens.

“It is our understanding that detainees are being threatened with prosecution if they do not waive their right to an individualized deportation hearing and that they may be forced to do so with only minimal opportunity to speak with defense counsel.”

Immigration attorneys sent out an e-mail alert on Wednesday that urged Iowans to contact the U.S. attorney’s office and push for detainees to e allowed to consult with an immigration attorney prior to entering into any agreement with public defenders for criminal charges.

In a telephone conversation on Wednesday, Tim Counts, public affairs officer for the Department of Homeland Security, said evidence of criminal behavior takes precedence over immigration hearings.

Although federal officials previously indicated 390 had been detained as a result of the raid, they are now correcting that figure to 389. Of the detainees, 62 were released on humanitarian grounds and 21 are being held on administrative charges. From these two groups (83 individuals total), 18 were juveniles ranging from age 13 to 17. The juveniles have since been released to an adult or turned over to the Office of Refugee Resettlement. Those not facing criminal charges will be placed into administrative immigration removal proceedings that will be conducted under the direction of the U.S. Department of Homeland Security at other locations.

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