Public Interest Law Reporter Volume 14 Article 15 Issue 1 Fall 2008

2008 Immigration Raid Results in Charges Filed Against for Child Labor Violations Ana Maria Echiburu

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Recommended Citation Ana M. Echiburu, Immigration Raid Results in Charges Filed Against Iowa Slaughterhouse for Child Labor Violations, 14 Pub. Interest L. Rptr. 93 (2008). Available at: http://lawecommons.luc.edu/pilr/vol14/iss1/15

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For more information, please contact [email protected]. 26188_lpr_14-1 Sheet No. 50 Side A 02/19/2009 08:56:47 1 93 The 1 CHIBURU 12-FEB-09 9:10 E ARIA No. 1 • Fall 1 • No. 2008 M NA Seq: 1 Seq: A by unknown This discovery sparked an unprecedented, large-scale an unprecedented, sparked This discovery 2 Echiburu: Immigration Raid Results in Charges Filed Against Iowa Slaughterh Against Filed Charges in Results Raid Immigration Echiburu: CHILD LABOR VIOLATIONS IN CHARGES FILED AGAINST FILED IN CHARGES t is a commonly held public perception that child labor in the in the United that child labor t is a commonly held public perception officials proved 12, 2008, immigration is a thing of the past, but on May IMMIGRATION RAID RESULTS IMMIGRATION IOWA SLAUGHTERHOUSE FOR SLAUGHTERHOUSE IOWA officials discovered that of the 389 undocumented immigrant workers at the that of the 389 undocumented immigrant workers officials discovered for employment child labor law age requirements plant, 32 did not meet Iowa in a slaughterhouse. otherwise when they raided the largest kosher meatpacking plant in the United Iowa. located in Postville, (Agriprocessors), Inc. Agriprocessors, States, child labor investigation of Agriprocessors to determine the extent of the al- of Agriprocessors child labor investigation filing a com- of Iowa in the State leged violations, which ultimately resulted I \\server05\productn\L\LPR\14-1\LPR114.txt Published by LAW eCommons, 2008 26188_lpr_14-1 Sheet No. 50 Side A 02/19/2009 08:56:47 A 02/19/2009 50 Side Sheet No. 26188_lpr_14-1 26188_lpr_14-1 Sheet No. 50 Side B 02/19/2009 08:56:47 2 In 6 12-FEB-09 9:10 If successful, a successful, If 3 Seq: 2 Seq: These conditions he experienced 8 unknown Employees in meat packing plants are ex- plants are in meat packing Employees 4 Public Interest Law Reporter, Vol. 14, Iss. 1 [2008], Art. 15 1 [2008], 14, Iss. Vol. Law Reporter, Interest Public Agriprocessors kosher meat packing plant in Postville, Iowa kosher meat packing plant in Postville, Agriprocessors The brutal environment of a meatpacking plant is not an appro- of a meatpacking plant is not The brutal environment 5 Elmer was subject to extreme conditions within the slaughterhouse, was subject to extreme Elmer 7 Elmer’s case, he allegedly informed floor supervisorsElmer’s that he was less than eigh- the as to why he could not keep up with of age after they inquired teen years workload. posed to dangerous machines and chemicals and often have to make thousands and often have machines and chemicals posed to dangerous nerve risking lacerations, of cuts everymus- damage, or day with sharp knives, cle damage. case of this magnitude could ultimately prove to be a significant deterrent to deterrent to be a significant ultimately prove magnitude could case of this as partworkforce. of their utilizing children companies of eighteen from the age below children prohibit laws in Iowa Child labor plant. in a meatpacking working priate place for children. Yet, the May 12 immigration raid of Agriprocessors in 12 immigration raid of Agriprocessors the May Yet, priate place for children. in such conditions, which is working underage employees uncovered Iowa, States. to hearing about in the United unaccustomed are something Americans underage workers undocumented, revealed of Agriprocessors The investigation in the who worked Guatemala, old from a sixteen- year- such as Elmer, hours a day, six days a week. slaughterhouse for seventeen Agriprocessors 94 Loyola Public Interest Law Reporter Law Interest Public Loyola violations. child labor alleged for Agriprocessors against plaint \\server05\productn\L\LPR\14-1\LPR114.txt which, as an immigrant without legal working status, he did not complain status, working which, as an immigrant without legal his employer. by about for fear of retaliation http://lawecommons.luc.edu/pilr/vol14/iss1/15 26188_lpr_14-1 Sheet No. 50 Side B 02/19/2009 08:56:47 B 02/19/2009 50 Side Sheet No. 26188_lpr_14-1 26188_lpr_14-1 Sheet No. 51 Side A 02/19/2009 08:56:47 3 95 GAINST A 12-FEB-09 9:10 An affidavit 15 10 were aware that aware were 18 No. 1 • Fall 1 • No. 2008 OMPLAINT in response to its em- in response C 11 Seq: 3 Seq: The Complaint also alleged 12 14 RIMINAL The allegations concerning these C 16 ILES F unknown and fatigue to being made to work after his after to work being made fatigue to and 9 The alleged child labor violations include: em- The alleged child ENERAL 13 G which is difficult to dispute considering the amount of which is difficult to dispute considering 17 TTORNEY A The Defendants have since denied these allegations and assert have that The Defendants 19 Echiburu: Immigration Raid Results in Charges Filed Against Iowa Slaughterh Against Filed Charges in Results Raid Immigration Echiburu: EPUTY D GRIPROCESSORS OWA ployment of children. Attorney General Miller had never even heard of a child heard even had never Miller General Attorney of children. ployment Sates. magnitude in the United labor case of this many of the undocumented immigrants employed at Agriprocessors were mi- were at Agriprocessors many of the undocumented immigrants employed nors. knew alleges that the Defendants Miller General Attorney Additionally, doc- to present the company’s hiring practices encouraged potential employees alien status, age and uments that contained “false information as to resident identity.” undocumented, underage individuals has led to the characterization of the undocumented, underage individuals broken company can exploit a a rogue company as “the poster child for how immigration system,” ploying a child at a meat packing plant, exposing a child to dangerous or plant, exposing a child to dangerous a child at a meat packing ploying poisonous chemicals such as dry a ice and chlorine solutions, and employing machinery belts, meat grinders, (including conveyor child who operated power shears). washers, and power saws, power circular stitches from a previous plant injury plant a previous on the job. burst open stitches from underage, undocumented children that were employed at the plant as well as at the plant as well employed that were underage, undocumented children employed. the conditions under which they were of which include the owner to the Complaint, the Defendants, According and officers, other employees and various Agriprocessors accompanying the Complaint further alleges that the underage employees were accompanying the Complaint further alleges that the underage employees work. compensated for overtime not even violations related to amount of hours that the children were employed which employed were to amount of hours that the children violations related and than eight hours on a specified day a child for more include: employing a.m. and seven a child before than forty employing for more hours a week, more a child while school was in session for p.m., and employing after seven a week. than 28 hours in than four hours in a day and more the prosecution will not be able to show the managers “knew” will not be able to show the employees the prosecution The Complaint against Agriprocessors contained 9,311 counts of violations of contained 9,311 counts of violations Agriprocessors The Complaint against Child Labor laws. the Iowa ranged from extreme temperatures extreme from ranged I A Thomas Henry General, Attorney Deputy 2008, Iowa’s 9, September On Agriprocessors filed criminal charges against Miller, \\server05\productn\L\LPR\14-1\LPR114.txt Published by LAW eCommons, 2008 26188_lpr_14-1 Sheet No. 51 Side A 02/19/2009 08:56:47 A 02/19/2009 51 Side Sheet No. 26188_lpr_14-1 26188_lpr_14-1 Sheet No. 51 Side B 02/19/2009 08:56:47 4 The 23 , Aug. 6, , Aug. RESS 12-FEB-09 9:10 P SSOCIATED ASE , A Seq: 4 Seq: C Konrad has already filed U- has already Konrad 25 To ensure that some of the victims that some of the ensure To Presently, the Defendants have pled have the Defendants Presently, 22 20 unknown ICTIMS AND THE V Each violation is punishable by up to thirty Each violation is punishable by 27 21 Sonia Parras Konrad, an attorney with the Iowa Coalition with the Iowa an attorney Konrad, Parras Sonia Whether the court finds that the Defendants are guilty of guilty are Whether the court finds that the Defendants TATUS OF THE Public Interest Law Reporter, Vol. 14, Iss. 1 [2008], Art. 15 1 [2008], 14, Iss. Vol. Law Reporter, Interest Public 24 29 S The Defendants are facing a 9,000 count Complaint, and could face are The Defendants 28 URRENT 30 26 C OTES HE documents he has certified include U-Visa petitions, which require certifica- which require certified petitions, documents he has include U-Visa assisted in a crimi- in this case the immigrant minors, tion that the petitioners, nal investigation. Visa petitioners for all her clients, which if granted would allow the immi- the would allow petitioners for all her clients, which if granted Visa which they authorization which is the mechanism by work grants to receive of four legally for an aggregate States would be able to stay in the United years. days in jail and/or a fine of sixty-five dollars to six hundred and twenty-five dollars to six hundred days in jail and/or a fine of sixty-five dollars. Against Domestic Violence MUNA Legal Clinic, is representing many of the MUNA Legal Clinic, is representing Violence Against Domestic cases. minor immigrants in their immigration will be able to remain in the country to testify, Attorney General Miller is Miller in the country General will be able to remain to testify, Attorney certifying certain deportation. documents to defer their immigration not guilty to all charges. not guilty large fines and/or significant jail time if the prosecution is able to obtain multi- if the prosecution large fines and/or significant jail time ple convictions. N 1 to Child Labor Allegations Reacts Agriprocessors Amy Lorentzen, Although the charges against Agriprocessors are simple misdemeanors, each simple misdemeanors, are Although the charges against Agriprocessors carries considerable penalties. Loyola Public Interest Law Reporter Law Interest Public Loyola the minors because the plant in for employment age the requisite not of were their age. company about lied to the T been de- some have Miller, General to Attorney according As for the victims, imprisoned for a con- dentition center, or ported, placed in a federal juvenile to false documentation. viction related \\server05\productn\L\LPR\14-1\LPR114.txt child labor violations, this raid and the resulting litigation should be a wake up litigation resulting child labor violations, this raid and the of underage, undocu- to take advantage call to those companies who wish mented workers. 20, is set for April Inc. Agriprocessors, The trial date for the case against 2009. Ongoing Agriprocessors Scandal Raises Questions About What it Means to Be What it Means Scandal Raises About Questions Agriprocessors Ongoing Cowles, 2008; Isabel 96 http://lawecommons.luc.edu/pilr/vol14/iss1/15 26188_lpr_14-1 Sheet No. 51 Side B 02/19/2009 08:56:47 B 02/19/2009 51 Side Sheet No. 26188_lpr_14-1 26188_lpr_14-1 Sheet No. 52 Side A 02/19/2009 08:56:47 5 97 & AM- AW N . L , Sept. 9, , Sept. SSOCIATED ILED F , A RESS 12-FEB-09 9:10 note 6. CHARLOTTEOB- MMIGR , Sept. 10, 2008 , Sept. P , , July 27, 2008 at , July , 1 I HARGES IMES supra supra IMES C No. 1 • Fall 1 • No. 2008 AW SSOCIATED ERNSEN L , N.Y. T B http://iowaindependent.com/ , A , N.Y. T Seq: 5 Seq: AM ABOR note 12. note 4. note 4. note 4. The counts included viola- note 4. Specifically, the Complaint note 4. Specifically, L (2008), http://www.state.ia.us/gov- ., & S supra supra R supra supra HILD ., ., , J ., ., EN EN ., C EY OSTVILLE EN EN G G R EN P G G Y Y ’ ’ Y Y EL ’ G ’ Y TT TT ’ unknown TT TT A A A A TT J. D LANT IN A P note 5. available at 5. 2008, available ., Aug. LFRED OF THE OF THE OF THE OF THE . . . . NDEP OF THE ., A FF FF . R I FF FF FF , Sept. 18, 2008, http://www.findingdulcinea.com/news/Americas/ 18, , Sept. , J . O . O . O . O OWA . O FFICIALS AND note 1. note 11, at 51. UST UST note 23. The U-Viva is a nonimmigrant visa for aliens who suffer “sub- note 23. The U-Viva , I UST UST O note 11, at 52. J J UST J J J ULCINEA note 2. note 6. supra RAGOMEN supra supra supra (2008). , D TOF TOF TOF TOF ’ ’ ’ ’ TOF ’ supra supra EP EP EP EP T. F , Nov. 10, 2008, http://www.charlotteobserver.com/local/story/315580.html. , Nov. EP Echiburu: Immigration Raid Results in Charges Filed Against Iowa Slaughterh Against Filed Charges in Results Raid Immigration Echiburu: D D D D D § 2:99 FINDING Some of the children have informed investigators that they worked 12 or more hours 12 or more that they worked informed investigators have of the children Some COM . Lorentzen, supra Lorentzen, USTIN ; Alexander & Ordonez, supra ; Alexander & Ordonez, RAGOMEN , GRIPROCESSORS OWA OWA OWA OWA . , Sept. 18, 2008. , Sept. A F Id. Id. Id. OWA Id Id. See A USINESS RESS B SERVER ING 16 Complaint, P \\server05\productn\L\LPR\14-1\LPR114.txt 3469/iowa-labor-commissioner-egregious-violations-at-agriprocessors. 12 Depart- Iowa General, Attorney Interview Deputy with Thomas Henry Miller, Telephone 27, 2008). (Oct. Iowa Moines, in Des ment of Justice, 13 I 6 Labor Inquiries Fuel Raid, Immigrants After Iowa Preston, Julia 22 Interview supra with Thomas Henry Miller, Telephone 23 24 17 18 I September-08/Ongoing-Agriprocessors-Scandal-Raises-Questions-About-What-it-Means-to-Be- Kosher.html. 2 Child Laws of Violating Charges Faces Meatpacker Preston, Julia names Abraham Aaron Rubashkin, the principal owner and president of Agriprocessors; Sholom of Agriprocessors; and president the principal owner Rubashkin, Aaron names Abraham plant manager; as the an officer of the company as well Rubashkin, the Billmeyer, Elizabeth in management employees Freund, manager; and Laura Althouse and Karina human resources division. the human resources 19 Complaint, 20 Preston, 21Violations to Labor Guilty Not Plead Officials Agriprocessors Henry C. Jackson, A1. 7 8 at A16. 3 ernment/ag/latest_news/releases/sept_2008/Child_Labor%20.html. 5 Largely Unchecked Child Labor Going Ordonez, Ames Alexander & Franco Kosher tions of Iowa Code §§ Code tions of Iowa 92.7 and 92.6(6). 92.8(9), 92.8(19), 14 2008. 10 Preston, 11 Ct. Iowa, SMCR009340-9345 (Dist. No. Inc., v. Agriprocessors, Complaint at 1, Iowa Vio- ‘Egregious Labor Commissioner: Iowa Waddington, 9, 2008); Lynda Allamakee County Sept. lations’ at Agriprocessors 25 Violence Coalition Against Domestic Iowa Attorney, Konrand, Parras Sonia from E-Mail 21, 2008). MUNA Legal Clinic (Nov. 26 stantial physical or mental abuse” resulting from certain from criminal activities. stantial physical or mental abuse” resulting 27 I 9 Plant Meat Iowa Child Labor Charges for Henry C. Jackson, 4I with a razor-edged knife and saw slicing freshly slaughter meat. Preston, meat. Preston, slaughter knife and saw slicing freshly with a razor-edged 15 I Published by LAW eCommons, 2008 26188_lpr_14-1 Sheet No. 52 Side A 02/19/2009 08:56:47 A 02/19/2009 52 Side Sheet No. 26188_lpr_14-1 26188_lpr_14-1 Sheet No. 52 Side B 02/19/2009 08:56:47 6 , Nov. RESS P 12-FEB-09 9:10 SSOCIATED , A Seq: 6 Seq: unknown Public Interest Law Reporter, Vol. 14, Iss. 1 [2008], Art. 15 1 [2008], 14, Iss. Vol. Law Reporter, Interest Public note 2. note supra Id. Loyola Public Interest Law Reporter Law Interest Public Loyola 28 29 Preston, 30 Child Labor Case in Agriprocessors Set Date Trial , \\server05\productn\L\LPR\14-1\LPR114.txt 98 5, 2008. http://lawecommons.luc.edu/pilr/vol14/iss1/15 26188_lpr_14-1 Sheet No. 52 Side B 02/19/2009 08:56:47 B 02/19/2009 52 Side Sheet No. 26188_lpr_14-1