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August, 25 2008

Worksite Enforcement

"Worksite enforcement actions target a key component of the illicit support structure that enables illegal immigration to flourish. No employer, regardless of industry or location is immune from complying with the nation's laws. ICE and our law enforcement partners will continue to bring all of our authorities to bear in this fight using criminal charges, asset seizures, administrative arrests and deportations."

Julie L. Myers, Assistant Secretary for Homeland Security,
U. S. Immigration and Customs Enforcement

ICE investigations lead to business owners, managers or supervisors being arrested or convicted for engaging in illegal employment practices or other crimes

  • El Pollo Rico Restaurant — On July 24, 2008, the co-owner of El Pollo Rico Restaurant in Wheaton, Maryland, Francisco C. Solano, pleaded guilty to conspiracy to harbor aliens, conspiracy to commit money laundering, and structuring bank transactions to evade reporting requirements in connection with the operation of the restaurant.  Solano’s wife, Ines Hoyos-Solano, also pleaded guilty to conspiracy to commit money laundering. According to his guilty plea, for eight years, Francisco Solano concealed illegal aliens in residences and businesses they owned and rented in Wheaton and Kensington, Md. He paid the aliens in cash and accepted rent payments in cash only.  In addition, Francisco laundered the proceeds from the illegal employment of aliens. As part of the plea, Francisco has agreed to forfeit nearly $7.2 million derived from the illegal activities, including 13 bank and investor accounts and seven properties located in Maryland and Virginia.  Ines Solano also agreed to forfeit more than $1.5 million in cash found in the bedroom of her residence during a search.  Both defendants also agreed to cooperate with the IRS in the assessment and collection of their tax liabilities for the years 2000-2007. Both defendants face a maximum of 20 years in prison for the money laundering conspiracy. In addition, Francisco Solano faces a maximum sentence of 10 years in prison for the harboring conspiracy and five years in prison for structuring transactions to evade reporting requirements. Both will be sentenced in late November 2008.  Consuelo Solano, 70, of Arlington, Va., and her brother Juan Faustino Solano, 57, of Kensington, Md., pleaded guilty on June 12, 2008, to the money laundering conspiracy, and Juan Solano also pleaded guilty to conspiracy to harbor aliens. Their sentencing is scheduled for late September 2008.
  • Action Rags USA — The owner of Houston-based Action Rags USA and two managers were indicted July 31, 2008, on various charges of violating federal immigration laws.  Action Rags USA is an exporter and grader of used clothing.  Mabarik Kahlon, 45, Valerie Rodriguez, 34, and Cirila Barron, 38, are all charged in count one of the indictment with conspiracy to harbor illegal aliens and to induce illegal aliens to come to the United States.  Count two of the indictment charges them with inducing aliens to enter the United States for commercial advantage.  Both counts carry a maximum term of 10 years imprisonment, a $250,000 fine or both.  A third manager, Mayra Herrera-Gutierrez, 32, was also charged with conspiracy to harbor illegal aliens and to induce illegal aliens to come to the United States. ICE began its investigation into Action Rags in May 2007.  The yearlong investigation revealed the company did not properly complete the required I-9 forms to verify eligibility for employment.  The investigation also determined that the company knowingly hired illegal aliens, and reportedly paid them in cash until they were able to purchase fraudulent identity and social security cards from local flea markets. The investigation ultimately led to ICE agents executing a search warrant at Action Rags.  During the search warrant execution, in June 2008, ICE agents administratively arrested more than 150 illegal aliens, most from Mexico, who were discovered working at the plant. The indictment alleges that illegal aliens made up roughly 85 percent of the Action Rags workforce, and that the defendants engaged in acts that openly flouted federal immigration law.  Each defendant is presumed innocent unless convicted through due process of law. 
  • Agriprocessors, Inc. — ICE agents executed criminal and administrative search warrants May 12, 2008, at Agriprocessors, Inc., in Postville, Iowa, arresting 389 illegal aliens.  It was the most ever arrested in a single-site worksite enforcement operation.  Ultimately, 305 of those arrested were also convicted of criminal offenses including: identity theft, false use of a Social Security number, illegal re-entry into the United States and other crimes.  Two Agriprocessors supervisors were arrested July 3, 2008, and charged with crimes that include aiding and abetting aggravated identity theft and encouraging aliens to reside illegally in the United States.  In August 2008, one of those supervisors pleaded guilty to charges of conspiracy to hire illegal aliens and one count of aiding and abetting the hiring of illegal aliens.
  • Swift & Company — On Dec. 12, 2006, 1,297 illegal aliens were arrested at six Swift meat processing facilities in six states. The 10-month investigation into work-related identity theft culminated in search warrants executed at Swift facilities in Greeley, Colo.; Grand Island, Neb.; Cactus, Texas; Hyrum, Utah; Marshalltown, Iowa; and Worthington, Minn. All 1,297 were charged as immigration status violators; 274 were also charged with criminal offenses. On July 10, 2007, ICE arrested an additional 20 employees upon executing federal and state warrants in six states. Those arrests included United Food and Commercial Workers (UFCW) union official Braulio Pereyra-Gabino, who was convicted by jury May 8, 2008, of harboring illegal aliens and sentenced to a year in federal prison.  A Swift human resources employee has also pleaded guilty to illegal alien harboring.
  • Rosenbaum-Cunningham International (RCI) — On March 3, 2008, three former top executives of RCI, a Florida-based janitorial services contractor, were given prison sentences ranging from 30 to 120 months for their roles in defrauding the United States and harboring illegal aliens. Each was also required to pay more than $15 million in restitution to the U.S. Treasury. The three operated a cleaning and grounds-maintenance service — staffed predominantly with illegal aliens — that contracted with theme restaurant chains and hospitality venues throughout the United States. By failing to collect and pay federal income, Social Security, Medicare and federal employment taxes on wages it paid, RCI was able to evade paying millions in employment taxes. RCI clients included House of Blues, Planet Hollywood, Hard Rock Café, Dave and Busters, Yardhouse, ESPN Zone and China Grill. As part of the investigation, ICE agents also arrested 196 illegal aliens at more than 64 locations in 18 states and the District of Columbia.
  • Robert and Angelita Farrell — The married owners of a Comfort Inn & Suites hotel in Oacoma, S.D., were sentenced Feb. 22, 2008, to several years in prison each after a federal jury found them guilty of peonage (involuntary servitude), visa fraud, making false statements and conspiracy. The Farrells brought workers from the Philippines by fraud and controlled every aspect of their lives, often forcing them to work 16- to18-hour days at the hotel before working a second job at a fast food restaurant. The couple held mandatory, late-night “debt repayment” meetings that lasted up to six hours, during which the victims were berated and threatened with violence. The victims were issued paychecks, but were forced to endorse them and return them to the Farrells.
  • Universal Industrial Sales, Inc. — ICE agents arrested 57 illegal alien employees of Universal Industrial Sales, Inc. (UIS) on Feb. 7, 2008, in Lindon, Utah. UIS, a metal fabrication business, was criminally indicted on 10 counts of harboring illegal aliens.  The company’s human resources director was indicted for encouraging or inducing illegal aliens to remain in the United States, and subsequently pled guilty on two counts.   Of the 57 illegal alien employees arrested, three were convicted in federal court for re-entering the country after deportation; and 38 were charged with state crimes such as attempted forgery, possessing another’s identity documents, and falsifying government records. At this writing, 28 have pleaded guilty to state charges.
  • Quality Service Integrity, Inc. (QSI) — Sixty-three illegal aliens were arrested in April of 2007 at a Cargill pork processing plant in Beardstown, Ill. They were employed by QSI, which provides cleaning and sanitation services for Cargill. Sixteen of those arrested, including two supervisors, were convicted in federal court of visa fraud and received prison sentences. In addition, the QSI plant manager, Gerardo Dominguez-Chacon, was convicted of harboring illegal aliens and aggravated identity theft and was sentenced to 38 months in federal prison. QSI’s human resources manager, Maria del Pilar Marroquin de Ramirez, was also convicted of illegal alien harboring and sentenced to 10 months in prison. All 63 of those arrested either have been placed in deportation proceedings or will be after serving their sentences.
  • Tarrasco Steel — Seventy-seven illegal aliens working on “critical infrastructure” construction projects in four southern states were arrested March 29, 2007, following a five-month ICE investigation. Many of those arrested worked for Greenville, Miss.-based Tarrasco Steel, owned by Jose S. Gonzalez. Gonzalez allegedly falsified and altered information on I-9 Employment Eligibility Verification forms. His trial is scheduled to begin in September 2008. The illegal alien workforce had been working on the Huey P. Long Bridge in Jefferson Parish, La.; the Mississippi-Arkansas bridge in Greenville, Miss.; an I-40 seismic retrofit in Memphis, Tenn.; the US-90 bridge in Gulfport, Miss.; and the Louisiana 1 bridge in Leeville, La. Nine Tarrasco employees have pleaded guilty to felony use of false documents. ICE has seized Gonzalez’ home and more than $400,000 in criminal proceeds from Tarrasco Steel.
  • Michael Bianco, Inc. — On March 6, 2007, New Bedford, Mass., textile product company owner Francesco Insolia and three other managers were arrested and charged with conspiring to encourage or induce illegal aliens to reside in the United States and conspiring to hire illegal aliens. Another person was charged with transferring fraudulent identification documents. Approximately 320 illegal workers were arrested on administrative charges as part of the operation, representing more than half of the company's workforce. Insolia and other MBI employees working on his behalf allegedly hired illegal aliens to fill an expanding workforce. The company’s customers included the U.S. Department of Defense. The company allegedly was aware that many employees used fraudulent "green cards," and Social Security cards to obtain employment. MBI management also allegedly told prospective employees how to obtain fraudulent documents.
  • IFCO Systems North America — ICE agents arrested 1,187 illegal alien employees of Houston-based IFCO Systems North America at more than 40 locations nationwide on April 19, 2006. Seven IFCO managers were also criminally charged with crimes including: knowingly hiring illegal aliens, transporting and harboring illegal aliens, and conspiring to transport illegal aliens. All seven have pleaded guilty and are awaiting sentencing. Five additional IFCO managers were indicted in February of 2008 for similar crimes and are awaiting trial.

Other Notable Operations:

  • Pilgrim’s Pride — On April 16, 2007, ICE arrested 311 foreign nationals working at five Pilgrim’s Pride sites. Of the 311 arrested, 91 were charged with criminal violations, including false use of a Social Security number and document fraud. The others have been processed for removal or have been removed on administrative immigration violations. Arrests occurred at the poultry company’s locations in Mount Pleasant, Texas; Live Oak, Fla.; Chattanooga, Tenn.; Batesville, Ark.; and Moorefield, W.Va. ICE agents have interviewed numerous individuals during the course of the probe whose identities were stolen by Pilgrim's Pride employees. Those victims described a myriad of hardships they suffered as a result, including mistaken tax liens, denial of medical and social services benefits, and damage to their credit ratings. Misuse of Social Security account numbers is a felony that carries a maximum penalty of five years in federal prison and a fine of up to $250,000.   Twenty-one individuals from the north Texas-area area pleaded guilty July 10 to misusing social security account numbers and other charges.  Each defendant was sentenced to time already served; then they were released to ICE custody to begin deportation proceedings.
  • Micro Solutions Enterprises (MSE) — ICE agents executed a federal search warrant at a Los Angeles-area area computer printer cartridge manufacturing plant in February of 2008, arresting eight current and former company workers on criminal charges and another 130 employees on administrative immigration violations. The search warrant was executed at the Van Nuys, Calif., headquarters of Micro Solutions Enterprises. The eight criminally-charged workers are accused of making false claims to U.S. citizenship and misusing identity documents to obtain employment. The charges carry maximum prison sentences of three years and five years, respectively.
  • Koch Foods — On August 28, 2007 in Fairfield, Ohio, ICE special agents executed criminal search warrants at Koch Foods. ICE identified more than 180 Koch employees working at the Fairfield plant requiring further questioning and administratively arrested more than 160 for immigration violations. ICE agents simultaneously executed criminal search warrants at Koch's corporate office in Chicago. The enforcement actions are part of a two-year investigation.
  • Fresh Del Monte Produce — Following a six-month investigation, ICE served a criminal search warrant at the Del Monte Fresh Produce facility in Portland, Ore., on June 12, 2007. Agents arrested 168 illegal alien employees working for American Staffing Resources (ASR), a temporary staffing agency that supplied workers for Del Monte Fresh Produce. A federal grand jury returned indictments later that month against 13 ASR managers and workers. At this writing, eight have been convicted of such charges as possessing fraudulent immigration documents, Social Security fraud and selling Social Security cards. Five others await trial.

U.S. Immigration and Customs Enforcement (ICE) was established in March 2003 as the largest investigative arm of the Department of Homeland Security. ICE is comprised of five integrated divisions that form a 21st century law enforcement agency with broad responsibilities for a number of key homeland security priorities.


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