Please answer these 3 questions, and please avoid any plagiarism. The article inside the word doc, and I already attached it within this request:
Read ?A Tale of Two Raids?including this word doc: Then answer :
- 1- Is the current employment verification system imposed by government fair to employers? Why or why not?
- 2- Was Swift & Company treated fairly by U.S. Immigration and Customs Enforcement (ICE), given the law that ICE has been charged by Congress to enforce? Why or why not?
- 3- What specific strategies would you recommend Swift employ to attempt to change immigration and employment laws so they are more favorable to its business? Explain why.
After reading the ? A Tale of Two Raids?, answer these questions: ) Please , mention to the
reference in the references page) 1- Is the current employment verification system imposed by government fair to
employers? Why or why not? 2- Was Swift & Company treated fairly by U.S. Immigration and Customs
Enforcement (ICE), given the law that ICE has been charged by Congress to
enforce? Why or why not? 3- What specific strategies would you recommend Swift employ to attempt to change
immigration and employment laws so they are more favorable to its business?
Explain why. A Tale of Two Raids
Migration, or the resettlement of people, is as old as humanity. It often has shaped history, as it
did when migrants from Europe to the New World formed an American civilization. Migrants are
driven by the opportunity to improve their lives. Costs of migrating are very high, but individuals
who leave less developed countries on average double their educational attainment and increase
their income by 15 times. Today, migrants make up about 3 percent of the world population. In the U.S. population the
figure is higher, 8.1 percent, or 25.1 million people. Of these, 12.6 million are legal permanent
residents, 0.9 million are authorized temporary workers, and 11.6 million are unauthorized
entrants. Each year 750,000 of these migrants become U.S. citizens. Another 1.2 million leave
the country voluntarily or are removed.
The United States has attracted many immigrants over time (see Exhibit 1). Although they come
for many reasons, jobs are the principle motivating factor. To control the influx of people across
the borders Congress has made it illegal to hire aliens lacking official authorization to work. This
is the story of how that prohibition works in practice.
OPERATION WAGON TRAIN December 12 is Feast Day of Our Lady of Guadalupe, one of the most important cultural and
religious dates on the Mexican calendar, a day of prayer and fiestas. It celebrates a day, almost 500 years ago, when an image of the Virgin Mary miraculously appeared on a peasant?s ragged
cloak. On this day in 2006, a Tuesday, the morning shifts at Swift & Company processing plants in six
states reported for work at 7:00 a.m. Swift & Company is one of the world?s largest beef and
pork processing corporations. It traces its beginning to Gustavus Swift, who opened a meat store
near Boston in 1859. Swift had exceptional ambition. As his business grew, he revolutionized the
industry with conveyor lines on which livestock carcasses were cut apart into products and
shipped on railroads. These disassembly lines required plenty of workers willing to take low
wages for hard, dangerous labor. The 7,000 workers who reported for the morning shift more
than 100 years later were still doing the jobs the founder created. As in the past, most were
immigrants doing work spurned by more affluent Americans. It may have been a holy day, but no miraculous images would appear. Instead, just as shifts
began uniformed Immigration and Customs Enforcement (ICE) agents swarmed the six plants in
a coordinated raid, the largest ever conducted before or since. They sealed entrances and exits.
Inside, they sought out individuals suspected of working illegally under false identities.
Panic followed. In Grand Island, Nebraska, people started running and yelling. They tried to hide
in lockers and broke windows to get out. Buses came to the plant and drove 240 workers to
detention centers for deportation processing. They rolled past knots of family members at the
fences waiting for word of loved ones inside.3 Guards handed out leaflets with a toll-free,
bilingual phone number to call for information. In Greeley, Colorado, some workers hid in cattle pens. Veronica Perez and her husband were
pulled apart. ?He tried to give me a kiss on the forehead,? she said, ?but they would not let us
talk to each other. They made him and myself seem like criminals.?4 A woman in tears asked a
co-worker to adopt her child, saying she had no one else in the area.5 ICE agents handcuffed 261
workers and assembled them in the plant cafeteria. One, Sergio Rodriguez, was working legally,
but did not have his resident alien card. His wife brought it to the plant but was not allowed in.
He was bused to a detention center near Denver and held until 8:30 p.m. before being released.
Around this time another detainee, Gabriela Terrazas, was allowed to call and ask a brother to
pick up her daughter from the babysitter. And so it went. Another 230 workers were arrested in Worthington, Minnesota; 275 in Cactus,
Texas; 196 in Marshalltown, Iowa; and 95 in Hyrum, Utah, for a total of 1,297. All were charged
with immigration status violations and 274 were also charged with criminal offenses. Families
were torn apart. When Juan Ramirez was taken in Greeley, he left behind his wife, Isabel, and
three children, two of whom had been born in the United States. Juan brought in the family?s only income. Now his wife, who also was in the country illegally, had no way to pay the bills.
Church officials in Greeley said more than 100 children were left without one or both parents.6 Communities were challenged. On the day of the raid nearby schools saw attendance plummet
and sales at local stores fell off as immigrant families stayed in their homes. Some would hide
for days. A woman in Worthington, Minnesota, took in 24 immigrants too afraid to go back to
their homes.7 In Cactus, Texas, hundreds appeared at an evening mass offering prayers for
divided families.8 Swift & Company made contributions to the United Way to help people
affected by the raids. However, distrust of authority kept most families from approaching social
service and welfare agencies for aid. Many turned to their churches instead. Operation Wagon Train, the agency?s code name for the raids, left Swift & Company in disarray.
Nearly 20 percent of its morning shift was gone. Hundreds more employees failed to show up for
the second shift. It was unsure exactly how many employees it had. In the end it estimated the
raid cost it $30 million.9 When the company criticized ICE for a heavy-handed operation, it got a
curt response. ?ICE is not responsible for Swift?s illegal alien workforce, nor did ICE create this
problem for Swift,? said an agency statement. ?Any company with illegal aliens on its payroll
should not be surprised to see ICE agents at its door.?
In fact, the company knew the raid was coming. Ten months earlier ICE had opened a review of
its employment records. Its investigation was started by tips from local police and anonymous
calls from individuals suggesting that hundreds of illegal aliens, aided by document rings, were
using identities stolen from U.S. citizens to work at Swift plants.11 Soon the agency?s
investigators suspected that up to 30 percent of Swift?s employees were unauthorized workers. It
decided to obtain search warrants for raids. When Swift learned this, it asked to work with ICE to reduce disruption. Instead of a one-day
raid it proposed a step-by-step action in one plant at a time over four months. ICE rejected the
idea because it would alert unauthorized workers who would vanish and use their stolen
documents to get jobs elsewhere. Then Swift suggested doing its own voluntary review of employees. At first ICE restrained the
company, but finally gave it permission. Swift hired immigration experts, identified suspect
employees, and scheduled interviews with them. As a result, more than 400 workers were fired,
quit, or failed to show up for the interviews. At that point ICE ordered Swift to end its selfreview because many unauthorized workers were disappearing before they could be taken into
custody and deported. Finally, Swift tried to stop the raids with a court order, arguing they would ?irreparably harm
Swift by interfering with its legal business operations and by damaging its reputation? in
violation of its constitutional property rights.12 ICE countered: ?Put simply, there is no
constitutional or statutory right for anyone to continue violating the law, and the government
need not work on a potential violators? timetable . . .?13 A federal judge allowed the raids to
proceed.14 The enforcement philosophy at ICE is to focus on employers suspected of egregious violations.
It seeks out those who ?knowingly? violate immigration law by trafficking in illegal laborers,
harboring illegal aliens, or participating in identity fraud. Swift & Company did not seem to fit
these characteristics of an egregious violator. In many ways it exemplified compliance with the
law. It did not exploit unauthorized laborers. It paid its packing plant employees more than twice the
federal minimum wage. It offered them comprehensive health plans that 80 percent joined. Its
accident rate was lower than the industry average. When Congress passed the Immigration
Reform and Control Act in 1986, it complied strictly with the law?s requirement that every newly
hired employee fill out a Form I-9.
FORM I-9 The Immigration Reform and Control Act was a compromise. In return for granting amnesty to 3
million unauthorized residents Congress promised to curtail further illegal entry. A major lure for
illegal entrants was the ease of finding work. To attack this problem, Congress flourished a
sword of paperwork called the Employment Eligibility Verification Form, or Form I-9, and
drafted the nation?s employers to wield it. Hiring an alien worker is illegal if the employer knows that person is not authorized to work in
the United States. The employer must complete Form I-9 to check on the status of every
employee hired.15 It is a one-page form with three sections.
In Section 1 the employee fills in a name, address, date of birth, and Social Security number,
checks a box regarding authorization to work in the United States, and signs with the date. In Section 2 the employer certifies a review of documents that show the new employee is
authorized to work. The employer must verify this review by writing down which of a
combination of 26 different documents from three ?Lists of Acceptable Documents? has been
reviewed. These documents must establish both identity and employment authorization. Some
documents, such as a U.S. passport or a permanent resident card (commonly called a ?green card?), establish both. Other documents establish one or the other and must be presented in
combination. Some combinations work. Others do not. For example, the employee might use a driver?s license
to establish identity and a Social Security card to establish work authorization. Another sufficient
combination is a school identification card (for identity) and a birth certificate issued in the
United States (for work authorization). However, a Social Security card and a birth certificate in
tandem are not acceptable because neither establishes identity. The company must examine the documents to make sure they are current and ?reasonably appear
on their face to be genuine.?16 It is not required to investigate their authenticity. However, it
must teach its staff such arcana as when to expect watermarks, where seals appear, and how
designs changed in certain years. If documents are stolen or skillfully counterfeited the employer
is not expected to detect the fraud. Simply taking a good faith look shields companies from
prosecution. Section 3 is for updating. If an employee?s work authorization had an expiration date, the
employer must ask the employee for new documents to verify reauthorization, then attest that
they appear genuine. Form I-9 has to be completed within three days after a new employee first reports for work. An
employee who does not produce the required documents within that time can be fired. Violation of this paperwork regime invites serious penalties for corporations and their managers.
Failure to properly complete Form I-9 can lead to civil penalties of up to $1,100 for each
violation. If a company knowingly hires an unauthorized alien, it can receive a civil fine of up to
$16,000 per alien hired. Where there is a ?pattern or practice? of knowingly hiring unauthorized
workers, managers and companies face criminal fines of up to $3,000 per hire and six months in
prison. Aliens who use counterfeit or stolen documents or falsely attest their work eligibility on a
Form I-9 can be fined and sentenced to a maximum of five years in prison.17 Employers must be careful how they handle the Form I-9 process. It is unlawful to discriminate
against job applicants or employees based on national origin, race, ethnicity, citizenship, or
immigration status. A company cannot require job applicants to complete Form I-9 and reveal
their citizenship status before hiring. It cannot decide to hire only citizens. It cannot treat
applicants or workers differently because they look or sound ?foreign.? A job requirement for
fluent English is only permitted if it is required to do the job effectively or essential to safety. Employers cannot dictate the specific documents workers offer or ask for documents beyond the
minimum required. It was here that Swift & Company ran into trouble. After passage of the 1986 immigration law the company decided to exercise great caution. It
tried to avoid hiring unauthorized workers by taking extra care to screen individuals who looked
or acted ?foreign,? asking these persons for extra documentation not required of others. It may
have hired fewer unauthorized workers this way, but it also subjected some U.S. citizens and
lawful immigrants to greater scrutiny, thus violating their civil rights. In 2002 it was sued for $2
million by the Department of Justice for engaging in ?a pattern or practice of citizenship status
discrimination . . . against U.S. citizens? and lawful immigrants.18 Swift paid a settlement of
$174,088, a record sum, and agreed to retrain its hiring staff. It was a lesson that there were
limits in its ability to screen its workers.
E-VERIFY Swift always prided itself on its diligent hiring. In 1997 it volunteered to be one of the first
companies using a pilot program for electronic screening set up by the government. This
program, which is now called E-Verify, allows the employer to enter the employee?s name and
Social Security number in a government Web portal. That information is then compared with
databases at the Department of Homeland Security and the Social Security Administration. If the employee?s information matches entries in the databases, within seconds the company
receives a certification that the employee is eligible to work. If there is no match, the employer
has a chance quickly to check for typographical errors. If there still is no match, the employee?s
information is referred to staffs of verifiers who check other databases. If they cannot confirm
eligibility then the system issues a tentative nonconfirmation. The employee has eight working
days to correct any errors by calling toll-free Social Security Administration or United States
Customs and Immigration Service numbers or by visiting these agency?s local offices. Some errors are simple to correct, for example, a name change. If the employee does not correct
an error during this eight days the E-Verify system issues a final nonconfirmation to the
employer who must then either discharge the employee or continue employment only for a brief
time if it seems likely an error will be corrected. Participation in E-Verify has grown to more than 200,000 employers. It is now mandatory for
federal contractors, and 12 states require its use by some or all businesses. One mark of its
effectiveness is that when a company announces it uses E-Verify it can work just like drug
testing to deter unacceptable applicants. Marcelino Garcia owns a chain of Mexican restaurants.
When he started using E-verify, he immediately began having trouble finding kitchen help. ?It?s been very, very tough,? he says. ?We can interview 20 people and maybe only one person? can
legally work.19 Ironically, Garcia entered the country years ago by swimming the Rio Grande
River and traveling in a car trunk. He worked hard, was naturalized, and now employs 500
people. According to the Department of Homeland Security, E-Verify works well. About 96 percent of
initial responses are consistent with the employee?s work authorization status. Of the 4 percent
that are in error, about 0.7 percent reflect database or keyboarding errors and the other 3.3
percent are cases of successful identity fraud. Yet E-Verify has major weaknesses, as the experience at Swift & Company showed. Only 6.2
percent of E-Verify inquiries are for unauthorized workers and that 3.3 percent error rate
balloons into a 53 percent failure rate when it is applied only to the 6.2 percent of inquiries about
unauthorized individuals.20 If such persons submit real Social Security numbers with matching
names of persons qualified to work in the United States, E-Verify issues certifications. E-Verify
has encouraged a widespread identity theft industry that helps its customers to appropriate real
numbers and names to qualify for work.
THE OUTCOME FOR SWIFT In the end, Swift was never charged with any crime. That did not mean it went unpunished. On
the day of the raid the company issued a press release in which Sam Rovit, its president and
CEO, said, ?Swift has played by the rules and relied in good faith on a program explicitly held
out by the President of the United States as an effective tool to help employers comply with
applicable immigration laws.?21 It had taken on the administrative burden of helping the government detect and police illegal
immigration. It had made a good faith effort as required by law to verify the status of all its
employees. It had volunteered to go beyond legal requirements by participating in the E-Verify
program. It paid large sums for training, software, record keeping, consultants, and attorneys. These efforts were rewarded with the largest civil fine ever levied for national origin
discrimination and the largest worksite raid ever conducted. Another Swift executive, reflecting
on these events, said, ?It is particularly galling to us that an employer who played by all the rules
and used the only available government tool to screen employee eligibility would be subjected to
adversarial treatment by our government.?22
Page 582 A NEW ENFORCEMENT PHILOSOPHY The departure of the George W. Bush administration altered the enforcement philosophy at ICE.
Although President Obama vowed not to ?look the other way as a significant portion of our
economy operates outside the law? and promised to ?step up enforcement against the worst
workplace offenders,? there have been fewer workplace raids.23 Only 765 undocumented
workers were arrested at their jobs in fiscal year 2010 versus 5,184 in 2008.24 Instead of raids,
the Obama administration emphasizes another enforcement tool?the employer audit. Some employers call these audits ?silent raids.? Employers are required to keep Form I-9 for all
current employees on file. If a company is targeted for enforcement, ICE auditors scrutinize
these forms, photocopies of employee documents, and payroll records. Audits are efficient. Small numbers of ICE auditors quietly check immigration status without the
confrontation and disruption of a worksite raid. When the audit is complete, ICE gives the
employer the name of each employee it suspects is unauthorized to work. The employer and
employee then have an opportunity to correct any error. However, if ICE is correct, the company
is put on notice that some workers are unauthorized to work. It now ?knowingly? employs these
workers, which breaks the law. If it continues it risks fines and prosecution of managers.
GEBBERS FARMS Although audits lack the sudden drama of a worksite raid, they can be harsh enforcement tools as
the story of Gebbers Farms illustrates. A century ago the Gebbers family settled in Brewster,
Washington, a small community in the eastern part of the state where the cool nights, sunny days,
and dry atmosphere make conditions just right for growing apples and cherries. For five
generations the family tended its orchards until its privately held company became the thirdlargest grower in the country. Other growers sprang up nearby. The town of Brewster, population 2,189, prospered with stores and services for the area?s field
hands. Apples are hand-picked and apple trees have to be pruned and thinned by hand. To avoid
bruising, cherries are also picked by hand. This is hard work. It pays low wages and the only
willing workers are immigrants. Spanish now prevails on the streets of Brewster and 90 percent
of the students in its school district are Hispanic.25 In 2009 ICE targeted Gebbers Farms for an audit. When it checked Form I-9s for field hands and
warehouse workers against Social Security and legal immigration databases, it found 550
employees lacking work authorization. As a result, two days before Christmas the company
hand-delivered brief letters to workers explaining that those without proper documents were
fired. It gave them three months to vacate company housing. No one was handcuffed. No one was arrested. No families were separated. No one went into
hiding. Still, there was trauma. Some fired workers had been with Gebbers Farms for up to 20
years. Many owned homes and had stable lives in Brewster. In the town, business dropped off. People stopped making car and rent payments. At the La
Moderna clothing store sales dropped 30 percent. The owner of the taco truck named Taqueria el
Tapatio No. 4 reported ?fewer people are coming to eat.?26 A few families returned to Mexico,
others wanted to stay. Antonio Sanchez, a 51-year-old orchard worker, thought he might buy a
new Social Security number and reapply for his old job.27 Most bought new documents and
fanned out for work at other orchards, but because of the audit, employers in the area were wary
of hiring them. Within months, Brewster lost a sizable part of its population.
Page 583 Operations at Gebbers Farms were disrupted. It immediately advertised hundreds of jobs, but had
trouble filling them. Eventually it brought in about 100 temporary guest workers from Jamaica,
not enough to replace its lost hands, but all it could legally get.28 The Jamaicans spend little in
local stores, preferring to send their pay back home. Meanwhile, groups of Hispanics from Los
Angeles appeared in town. One man asked a reporter if there would be more audits, saying he
might need a better Social Security number.29 Many in the area believed this kind of immigration enforcement was unreasonable and unfair.
Daniel Aguilar, who had been fired along with his wife, pointed out that during ?the cherrypicking season, there?s maybe 2,200 of us working in the orchards. Of those, there wasn?t a
single white American. Why does it bother them that we?re doing the work they don?t want to
do??30 Tracy Warner, an editor at The Wenatchee World, a local paper, elaborated on the theme. [Y]ou wonder exactly what this ?enforcement? accomplishes, by forcing people out of
productive employment due to suspect paperwork. If indeed they are illegal aliens they are still
illegal aliens. Presumably they will resume life in the shadows and find other work, somewhere.
Meanwhile, a community will be struck an economic blow. These workers were producing
wealth in a mutually beneficial pact with their employer . . . For a community to lose perhaps hundreds of hardworking people overnight will have a profound effect, and belie the false notion
that immigrants make no contribution . . . But the law is the law.31
UNAUTHORIZED WORKERS: RIGHTS AND ABUSES The 11.6 million illegal immigrants in the United States fill many jobs Americans are unwilling
to take. Every year the economy creates more of these lowly jobs than the number of immigrants
who legally enter the country. Those who enter without authorization are often victims of human
trafficking and fraudulent recruiting. Some die on the journey. However, once in the country they are entitled to the same civil rights protections against
discrimination and sexual harassment in the workplace as American citizens. They are also
entitled to protection under labor laws. For example, when six Hispanic employees at Wok
Teriyaki restaurant in Gig Harbor, Washington, lied about their work authorization, its owners
fired them and refused to pay their final wages. These migrants got a lawyer and sued not only
for their final wages, but for failure to pay overtime and the minimum wage. A federal judge
ruled their immigration status was ?irrelevant? and ordered a judgment based on the Fair Labor
Standards Act, a 1938 law that establishes wage standards for all employees.32 Despite such entitlements, unauthorized workers often face labor law violations. A study of lowwage industries in the three largest U.S. cities?Chicago, Los Angeles, and New York?found
that foreign-born unauthorized workers were frequ...
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