U.S. Department of Justice Announced "Federal Immigration Arrests Surpass Drug Arrests"
The U.S. Department of Justice announced today that federal immigration arrests surpass drug arrests. The official release, which I reproduce here below, states:
"Immigration and drug arrests comprised more than half of the 140,200 
federal suspects arrested and booked by the U.S. Marshals in 2005, the Justice Department’s Bureau of Justice Statistics (BJS) announced today. Material witness (20 percent), immigration (15 percent) and weapons (11 percent) arrests increased at the fastest annual rate from 1995 to 2005. In 2005, immigration (27 percent) was the most prevalent arrest offense followed by drug (24 percent) and supervision violations (17 percent). Forty percent of all suspects arrested by the U.S. Marshals Service were arrested in 1 of 5 federal judicial districts along the U.S.-Mexico border, including Arizona, New Mexico, the Southern and Western Districts of Texas, and the Southern District of California. Nearly 1 in 4 (23 percent) of all suspects arrested in 2005 were arrested in the Southern and Western Districts of Texas.
The federal government reorganized key federal law enforcement agencies following the passage of the Homeland Security Act of 2002. The U.S. Customs Service and Secret Service transferred from the Treasury Department to the Department of Homeland Security; the Bureau of Alcohol, Tobacco, Firearms, and Explosives transferred from the Treasury Department to the Department of Justice; and the Immigration and Naturalization Service moved DOJ to DHS. In 2004 and 2005, the Department of Homeland Security (DHS) referred nearly half (45 percent) of all suspects handled by U.S. attorneys, compared to 33 percent of suspects referred by Justice agencies. Suspects referred for federal prosecution by the Treasury Department were 2 percent of all suspects referred in 2004 and 2005, down from 20 percent five years earlier. From 1995 to 2005, the likelihood of being prosecuted, convicted, and sentenced to prison increased. Sixty percent of suspects referred to U.S. attorneys were prosecuted in 2005 (from 54 percent in 1995). Ninety percent of defendants charged with a federal violation were convicted (up from 84 percent in 1995), and 79 percent of defendants convicted in 2005 were sentenced to prison (up from 67 percent in 1995). Thirteen percent of the defendants convicted in 2005 were sentenced to probation (down from 24 percent in 1995).
The average annual growth rate (3.6 percent) in suspects handled by U.S. attorneys from 1995 to 
2005 was more than three times greater than the average growth in U.S. resident population (1.1 percent) over this period. Suspects referred in federal judicial districts with an average population of more than five million U.S. residents grew at a faster rate than less populated districts. Suspects handled by U.S. attorneys in districts with an average population of less one million U.S. residents were declined for further prosecution at a higher rate (36 percent) than in more populated districts (20 percent). Felony convictions in federal court (25 percent) increased at faster rate than in state court (5 percent) from 1996 to 2004. In 2004, 1 in 5 convictions of state and federal weapons felons were handled in federal courts—more than twice the percentage of state and federal weapons felons convicted in federal court in 1994.
The U.S. Court of Appeals received 14,644 filings in 2005—an increase of 44 percent from 1995. About 4 in 10 appeals filed in 2005 were for drug offenses (41 percent), followed by immigration (17 percent), weapons (16 percent) and violent (5 percent) offenses. Appeals filed by immigration offenders increased an average 25 percent per year from 1995 to 2005. At yearend 2005, 375,600 persons were under some form of federal supervision—62 percent were in secure confinement, including prison and pretrial detention. Thirty-eight percent were under federal supervision in the community, including pretrial release and post-sentencing supervision.
The report, Federal Justice Statistics, 2005 (NCJ 220383), was written by BJS statistician Mark Motivans. Following publication, the report can be found at http://www.ojp.usdoj.gov/bjs/abstract/fjs05.htm. For additional information about the Bureau of Justice Statistics’ statistical reports and programs, please visit the BJS Web site at http://www.ojp.usdoj.gov/bjs."
UPI reported today that immigration to the U.S. slowed down dramatically in 2007. The U.S. Census Bureau reported that only 511,000 foreign nationals entered the United States during 2007. Indeed this is a dramatic reduction from the 1.8 million reported in 2006. Further, an average of 1 million foreign nationals have been entering the U.S. every year since 2000. Commentators on this information have blamed the decline on the U.S. economic downturn and the government’s crackdown on illegal immigration.
AmericasNewsToday reported that 16 foreign nationals and corporations have been indicted in Miami on charges of illegally exporting potential military and explosives components to Iran. I reproduce here below the entire article: “A federal grand jury in Miami, Fla., has returned a Superseding Indictment charging eight individuals and eight corporations in connection with their participation in conspiracies to export U.S.-manufactured commodities to prohibited entities and to Iran. The defendants are named in a thirteen (13) count Indictment – returned on Sept. 11, 2008 and unsealed today -- that includes charges of conspiracy, violations of the International Emergency Economic Powers Act and the United States Iran Embargo, and making false statements to federal agencies in connection with the export of thousands of U.S. goods to Iran. The charges were announced today by R. Alexander Acosta, U.S. Attorney for the Southern District of Florida; Patrick Rowan, Acting Assistant Attorney General for National Security, U.S. Department of Justice; Mario Mancuso, Under Secretary of Commerce for Industry and Security, U.S. Department of Commerce; Adam Szubin, Director, Department of the Treasury, Office of Foreign Assets Control (OFAC); Sharon Woods, Director, Defense Criminal Investigative Service (DCIS); and Julie L. Myers, Homeland Security Assistant Secretary for U.S. Immigration and Customs Enforcement (ICE). The Superseding Indictment alleges that the defendants purchased, and then illegally exported to ultimate buyers in Iran, numerous "dual use" commodities. "Dual-use" commodities are goods and technologies that have commercial application, but could also be used to further the military or nuclear potential of other nations and could be detrimental to the foreign policy or national security of the United States. In this regard, the Superseding Indictment alleges that the defendants caused the export of 120 field-programmable gate arrays, more than 5000 integrated circuits of varying types, approximately 345 Global Positioning Systems ("GPS"), 12,000 Microchip brand micro-controllers, and a Field Communicator. All of these items have potential military applications, including as components in the construction of improvised explosive devices (IEDs). The charges announced today are the result of an extensive inter-agency investigation into the use of U.S.-made goods in the construction of IEDs and other explosive devices used against Coalition Forces in Iraq and Afghanistan. Charged in the Superseding Indictment are: Ali Akbar Yahya, an Iranian national and naturalized British citizen; F.N. Yaghmaei, a/k/a " Farrokh Nia Yaghmaei," an Iranian national; Mayrow General Trading, Atlinx Electronics, Micatic General Trading, Madjico Micro Electronics, a/k/a "MME," and Al-Faris, all Dubai-based businesses; Neda Industrial Group, an Iran-based business; Bahman Ghandi, a/k/a "Brian Ghandi," an Iranian national; Farshid Gillardian, a/k/a "Isaac Gillardian," a/k/a "Isaac Gill," an Iranian national and a naturalized British citizen; Kaam Chee Mun, a/k/a "Brian Kaam," a resident of Malaysia; Djamshid Nezhad, a/k/a "Reza," a resident of Germany; Ahmad Rahzad, a/k/a "Saeb Karim," an Iranian national; Majid Seif, a/k/a "Mark Ong,"a/k/a "Matti Chong," an Iranian national residing in Malaysia; and Eco Biochem Sdn BHD and Vast Solution Sdn BHD, Malaysian businesses. The defendants are charged with purchasing and causing the export of U.S. goods to Iran through middle countries, including the United Arab Emirates, Malaysia, England, Germany, and Singapore. More specifically, the charges in the Indictment are as follows:
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On Monday, August 25, 2008, U.S. Immigration and Customs Enforcement Agents (“ICE”) raided Howard Industries Inc. of Laurel, Mississippi, an electrical equipment company that produces electrical transformers, medical supplies, and others, apprehending 595 suspected undocumented workers. Howard Industries, founded in the 1960s, received in 2002 a $31.5 million, taxpayer-backed incentive plan aimed at helping to expand its operations. On Monday, Barbara Gonzalez, ICE’s spokeswoman for this raid, stated this raid was "...a targeted enforcement operation that is part of an ongoing ICE investigation that has revealed that illegal aliens are employed at Howard Industries." Barbara Gonzalez also added that ICE had acted on a tip provided by a union worker. The U.S. Department of Justice and ICE issued a joint press release annoucing that “…special agents executed a federal criminal search warrant yesterday at Howard Industries, Inc., an electric transformer manufacturing facility, for evidence relating to aggravated identity theft, fraudulent use of Social Security numbers and other crimes, as well as a civil search warrant for individuals illegally in the United States…as a result of yesterday’s enforcement action, approximately 595 illegal aliens were arrested by ICE special agents. Of those, approximately 106 were identified as being eligible for an alternative to detention based on humanitarian reasons. These individuals will still be required to appear before a federal immigration judge who will ultimately determine whether or not they will be deported. Eight criminal cases have been accepted for prosecution by the U.S. Attorney’s Office for the Southern District of Mississippi. The criminal cases are focused on charges of aggravated identity theft. The other cases are being handled via administrative law procedures at the Department of Homeland Security. “Yesterday’s enforcement action is part of ICE’s ongoing nationwide effort to shut down the employment magnet fueling illegal immigration,” said Holt. “We are committed to strengthening the integrity of our nation’s immigration system. Harris noted that the eight cases being criminally prosecuted are for separate identity theft charges. “Identity theft is a growing problem in the United States, and the Department of Justice has prioritized bringing perpetrators of these crimes to justice and protecting the interests of innocent victims. All of those arrested were interviewed, fingerprinted and photographed by ICE agents and processed for removal from the United States. Approximately 475 were transported to an ICE facility in Jena, Louisiana where they will await the outcome of their case. The eight individuals facing criminal charges are in the custody of the U.S. Marshal’s Service.” On August 27, 2008 the Hattiesburg American reported that "when federal agents raided the Howard Industries plant early Monday, they sealed off the exits and made it impossible for any of the workers to escape, some of the detainees released said Tuesday. ...when the Immigration and Customs Enforcement agents scrambled into the plant, they ordered workers to form two lines - one for Hispanics and one for non-Hispanics."According to AP this "the largest single-workplace immigration raid in U.S. history has caused panic among Hispanic families in this small southern Mississippi town, where federal agents rounded up nearly 600 plant workers suspected of being in the country illegally." 
The U.S. District Court for the Middle District of Florida certified as the 
class all migrant and seasonal agricultural workers employed on a "piece-rate" basis at the Florida operations of Ag-Mart Produce Inc. from June 1, 2005, through July 31, 2006. On July 18, the federal district court certified a plaintiff class of Mexican agricultural workers who sued a Florida tomato grower for allegedly paying them less than minimum wage (Mesa v. Ag-Mart Produce Inc., M.D. Fla., No. 2:07-CV-47-FtM-34DNF, class certified 7/18/08). Piece-rate tasks included laying plastic, irrigation, planting, staking, tying, picking, and removing plastic and stakes after harvest, according to the six-page order signed by Judge Marcia Morales Howard. The order adopted the March report and recommendations by a magistrate judge that the class of potentially 3,000 plaintiffs be certified on counts contained in a 2007 civil complaint alleging that the company routinely paid the workers less than the minimum wage mandated by the Fair Labor Standards Act and the Florida Minimum Wage Act. The defendant company, which operates as Santa Sweets Inc. in its grape tomato growing operations in Florida, also allegedly 
violated the recordkeeping, wage statement, and payment provisions of the Migrant and Seasonal Agricultural Worker Protection Act, according to the lawsuit filed by attorneys for the Migrant Farmworker Justice Project. The lawsuit, with 177 named plaintiffs, also alleges minimum wage violations of the FLSA but does not seek class certification, as that law provides its own statutory framework for collective actions, the magistrate's report noted.
Today we received the new employment verification From I-9, edition date 
06/16/08. Be aware that no previous edition of the same form will be accepted. Please, also note there are several important changes made to the Form I-9 process: 
On July 7, 2008, the Chattanooga Times/Free, reported that “a federal judge has suggested that when two men used false Social Security cards to gain employment at the local Pilgrim's Pride plant, they might not have technically broken the law.” Further, the Chattanooga Times/Free goes on to state that “U.S. District Judge Harry S. Mattice’s revelation that Social Security cards are not necessarily valid forms of identification, however, sent the defense back to the drawing board with no complaints from the federal government. Judge Mattice recalled a 2003 case in which the .jpg)
government prosecuted Tyson Foods for hiring illegal immigrants. In that case, U.S. District Judge R. Allan Edgar dismissed certain charges with regard to the use of a Social Security card, ruling that a certain section of U.S. immigration law does not list the document as a valid form of I.D. ‘This is an issue that will have to be decided by a higher court,’ Judge Mattice said. ‘I'm not sure you can base this charge on a false Social Security card.’ ” Although it is too early to tell, if Federal District Judge Mattice’s conclusions were to be upheld in the end by a higher court, this could impose a significant roadblock for I-9 enforcement.
