Undocumented Immigrant Labor, Its Effect on Wages, and the Swift & Co. Raids

As illegal immigration continues to be a huge issue in our country, this month has seen several scenarios that are relatively new to the national debate.  Spurring the discussions has been the December 12th raid on meatpacking giant, Swift & Co.  While the raid focused on undocumented immigrant labor, primarily facilitated by fraudulent Social Security numbers, it has also thrust our law firm into national focus due to the lawsuit we were putting together.  The lawsuit accuses Swift of having a pattern of practice of replacing legal US Citizens and legal resident aliens with undocumented immigrant workers from Honduras, El Salvador, Guatemala in effort to depress wages.  Wages have plummeted by 40-50% since this practice became common.  The question is, did/should management have known that almost one-third of its workforce was undocumented?

Immigration is the biggest domestic policy issue the United States faces in the coming years.  The world is watching how we handle our immigration policy.  We hope that by exposing the extreme profit-driven approach that some of our largest corporations are taking on the immigration issue, our lawsuit can help create movement towards a solution. In the meantime, we will continue to pursue our civil case against Swift.
Below is an article from the Washington Times, summarizing the case:

December 19, 2006
By Jerry Seper / The Washington Times

A $23 million lawsuit by 18 former employees at Swift & Co., which was targeted last week in raids by the government over its hiring of illegal aliens, says the meat-processing company conspired to keep down wages by hiring the illegal workers.
 
The former workers, all legal U.S. residents who worked at a Swift processing plant in Cactus, Texas, said they were the "victims in a longstanding scheme" by the company to "depress and artificially lower the wages of its workers" by knowingly hiring illegal aliens.
 
"By lessening its labor costs and increasing its profits, Swift has severely damaged the potential earnings and livelihood of these hardworking men and women," said lawyer Angel Reyes, III of Heygood, Orr, Reyes & Bartolomei, who represents the 18 former workers.
 
Swift officials did not respond to calls for comment, although they have denied any wrongdoing in the company's hiring practices. The lawsuit, which seeks $23 million in exemplary damages and the back wages they would have received if they had remained employed, was filed late Friday in U.S. District Court in Dallas. It accuses Swift under the federal Racketeer Influenced and Corrupt Organization Act (RICO) of engaging in a racketeering conspiracy to manipulate commerce.
 
"When the Swift plant opened in Cactus, wages were approximately $20 an hour," another plaintiffs attorney, Michael Heygood, told reporters in Texas. "Now, the average wage is approximately $12 to $13 an hour. Illegal immigration has fueled this depression in wages."
 
U.S. Immigration and Customs Enforcement (ICE) agents who swept through the six meat-processing plants last week arrested 1,282 illegal aliens as part of an ongoing investigation into a massive identity-theft conspiracy. The arrests culminated a 10-month ICE probe known as Operation Wagon Train that targeted workers at Swift plants in Colorado, Nebraska, Texas, Utah, Iowa and Minnesota.
 
Those arrested included illegal aliens from Mexico, Guatemala, Honduras, El Salvador, Peru, Laos, Sudan and Ethiopia.
 
RADIO & TV INTERVIEWS:
1/8/07– National Public Radio – NPR Interviews Angel Reyes Regarding Swift
12/23/06 – CBS TV Channel 11 - Dallas/Fort Worth –
Legal Migrants Sue Meat Packing Company, Featuring Interview with Angel Reyes
12/19/06 – CNN TV, Featured on Lou Dobbs Tonight – Interview with Angel Reyes
12/19/06 – KHOW Radio 630, Caplis & Silverman Show (Denver)- Interview with Angel Reyes (Streaming MP3)
12/19/06 – KHOW Radio 630, Peter BoyleShow (Denver)- Interview with Angel Reyes (coming soon...)
12/19/06 – CNN.com, Bill Tucker reporting - Former Employees Sue Swift, featuring Michael Heygood and Angel Reyes
12/18/06 – WBAP-Radio (Dallas) - Interview with Angel Reyes
12/18/06 – KFI-Radio (Los Angeles) - Interview with Angel Reyes

NEWS ARTICLE LINKS:
12/21/06 – Hispanic PR Wire-Telegram, LULAC Urges Immediate Moratorium on Immigration Raids Pending Congressional Action on Immigration Reform
12/19/06 – Fort Worth Star-Telegram, Former employees sue Swift over hiring
12/19/06 – Washington Times, Ex-workers Sue Swift for Wages
12/18/06 – Fox News, Ex-Employees Sue Meatpacking Company
12/16/06 – Dallas Morning News, Swift Conspired to Hire Immigrants to Cut Costs
12/14/06 – Dallas Morning News, Focus of Federal Illegal Immigrant Raid Shifts to ID Theft
12/13/06 – Dallas Morning News; Federal Raid for Illegal Immigrants at Swift & Co.'s Meatpacking Plant in Cactus, TX
12/13/06 – Dallas Morning News; Officials: Swift raids net at least 1,282 arrests

©2007 Angel Reyes

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Comments (1) Read through and enter the discussion with the form at the end
TL Winslow - June 30, 2009 2:10 PM

The age-old pesky U.S.-Mexico border problem has taxed the resources of both countries, led to long lists of injustices, and appears to be heading only for worse troubles in the future. Guess what? The border problem can never be solved. Why? Because the border IS the problem! It's time for a paradigm change.

Never fear, a satisfying, comprehensive solution is within reach: the Megamerge Dissolution Solution. Simply dissolve the border along with the failed Mexican government, and megamerge the two countries under U.S. law, with mass free 2-way migration eventually equalizing the development and opportunities permanently, with justice and without racism, and without threatening U.S. sovereignty or basic principles.

To read the whole proposal, Google "Megamerge Dissolution Solution", or click url.

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