Firms Who Hire Illegal Immigrants Sued
By PETER PRENGAMAN
Associated Press Writer
August 22, 2006, 9:11 PM EDT
LOS ANGELES -- Frustrated by lax enforcement of immigration law, businesses are taking their fight against illegal immigration to court, accusing competitors of hiring illegal workers to achieve an unfair advantage.
Businesses and anti-illegal immigration groups said the legal action was an attempt to create an economic deterrent against hiring illegal employees.
"We see the legal profession bringing to this issue the kind of effect it's had on consumer product safety," said Mike Hethmon of the Immigration Reform Law Institute, a Washington D.C.-based group backing the efforts.
In the first of a series of lawsuits, a temporary employment agency that supplies farm workers sued a grower and a two competing companies on Monday.
Similar cases claiming violations of federal anti-racketeering laws have yielded mixed results. The California lawsuit is believed to be the first based on a state's unfair-competition laws, legal experts said.
Santa Monica-based Global Horizons claimed in the lawsuit that Munger Brothers, a grower, hired illegal immigrant workers from Ayala Agricultural Services and J&A Contractors. All the defendants are based in California's farm-rich Central Valley.
The suit alleges that Munger Brothers had a contract with Global Horizons to provide more than 600 blueberry pickers this spring, but nixed the agreement so it could hire illegal immigrants.
"Competitors hiring illegal immigrants is hurting our business badly," Global Horizons President Mordechai Orian said. "It's to the point that doing business legally isn't worth it."
Ayala Agricultural Services manager Javier Rodriguez had not seen the suit but said the company does not hire undocumented immigrants.
"If somebody doesn't have a green card or work documents, we don't hire them," he said.
Munger Brothers lawyer Theodore Hoppe said the contract with Global Horizons fell apart because the laborers they provided couldn't pick blueberries at the rate the company had promised. He said Munger Brothers hired workers through temporary agencies, which had the responsibility to hire legal workers.
J&A Contractors did not immediately return calls seeking comment.
With an estimated 11 million illegal immigrants in the United States, undocumented workers are a large part of the nation's work force.
But immigration law enforcement at work sites is limited. In fiscal year 1999, authorities arrested 2,849 people at work sites compared with 1,145 arrests last year, according to the federal Immigration and Customs Enforcement agency.
To prove competitors hire illegal immigrants, businesses could use public records involving prior violations, testimony from former employees who have worked alongside illegal immigrants, and recovered W-2 tax forms that show people working under fake names and Social Security numbers, said David Klehm, the lead lawyer for cases in Southern California.
Companies planning to file additional lawsuits include farms and factories that depend heavily on immigrant labor, Klehm said.
Legal experts said the cases could be difficult to win. Under the California statutes, plaintiffs must prove a competitor directly harmed their business.
"Unless you've got smoking gun evidence, it's hard to tie economic loss of one business to another's practices," said Niels Frenzen, a law professor at the University of Southern California.
He believes it is the first time the unfair-competition law has been used to target illegal immigration.
The Global Horizons lawsuit came after a settlement was reached in a Washington state class action suit involving employees of Zirkle Fruit Co. who sued their employer for driving down wages by hiring undocumented workers.
Based on federal anti-racketeering laws, the case was settled for $1.3 million in January after the 9th U.S. Circuit Court of Appeals overturned a lower court decision to dismiss it.
Howard Foster, the lead plaintiffs' lawyer in the Washington case, said he expects more such suits as business owners learn their competitors hired illegal immigrants.
"So many people talk openly about using false documents to assemble an illegal workforce," Foster said. "And when you have IDs with upside down numbers and backward pictures, you know they are fake."
2006-08-23 07:40:17 · 16 answers · asked by Anonymous in Politics & Government ➔ Immigration
Sorry, I try not to watch and/or read the news anymore. There is hardly anything ever positive these days to learn about.
2006-08-23 07:46:37 · answer #1 · answered by Hidden 4 · 0⤊ 5⤋
Enforce the law. Send Illegals back.
2006-08-23 15:50:12 · answer #2 · answered by Anonymous · 5⤊ 0⤋
Yes! Make it uncomfortable to be or hire an illegal alien! We are definitely making progress. Even without the assistance of our federal government. The next set of leaders should take notice. We the people will not take this crap anymore!
2006-08-23 14:48:18 · answer #3 · answered by DJ 6 · 5⤊ 0⤋
Having a civil case takes years and is hard to prove. If the Munger Brothers were in jail for violating the law, every other grower would shape up.
2006-08-23 15:57:54 · answer #4 · answered by Woody 6 · 0⤊ 3⤋
I was just looking through your questions you've posted and there are like 20 or more that are strictly immigration type questions. I too believe that anyone who immigrates to ANY country should do so in accordance with that country's laws. However I can see the other side of the coin as well. If you lived in Mexico with a family and no means of support wouldn't you do whatever was necessary to take care of your family?? I'm not condoning what's happening but I think we need to look at the big picture. I can't say I blame them for wanting a better life for themselves and their families. I'm asking you since you seem to be fixated on this, what would you do to stop illegal immigration???
2006-08-23 14:52:50 · answer #5 · answered by carpediem 5 · 0⤊ 5⤋
More and More taking action everyday. If I were illegally here -I would do something to make it legal while there is still a chance.
2006-08-23 17:56:51 · answer #6 · answered by *** The Earth has Hadenough*** 7 · 5⤊ 0⤋
Well, it's too early to declare victory against illegal immigration, but this is a step in the right direction...
2006-08-23 14:45:11 · answer #7 · answered by gokart121 6 · 4⤊ 2⤋
That looks promising. I hope that they win those lawsuits and it sets a precedent.
2006-08-23 14:45:24 · answer #8 · answered by Kris B 5 · 4⤊ 0⤋
heres the thing... illegal immigrants are ILLEGAL! *key word* they gotta enforce and i like the plan bush has
2006-08-23 14:45:14 · answer #9 · answered by Anonymous · 5⤊ 0⤋
The law should be enforced, no doubt. We can't pick and choose the ones we want to obey and not obey!
2006-08-23 14:43:17 · answer #10 · answered by American citizen and taxpayer 7 · 6⤊ 0⤋
It's about time! no illegals-no exceptions.!!!!!! round 'em up -n- boot 'em out.And the people that employ them too.!!!!
2006-08-23 14:46:21 · answer #11 · answered by Anonymous · 5⤊ 0⤋