Owners arrested after ICE raid at Houston company

Houston Chronicle ^ | July 2, 2008 | JAMES PINKERTON

[SwinneySwitch]

2 leaders and 3 managers face charges after operation

Last week their undocumented workers were hauled off to a detention facility, but today the owners and managers of a Houston rag exporting firm are in custody for employing the illegal immigrants.

This morning a U.S. magistrate in Houston is scheduled to preside over the initial court appearance of two owners and three managers of Action Rags USA. The eastside company, located in a sweltering factory near the Port of Houston, was the scene of one of Houston's largest immigration raids when 166 undocumented workers were detained June 25.

Federal charges were unsealed late Wednesday after agents arrested company owner Mabarik Kahlon, 45, and his partner and uncle, Rasheed Ahmed, 58. Also arrested Wednesday were manager Cirila Barron, 38, resource manager Valerie Rodriguez, 34, and warehouse supervisor Mayra Herrera-Gutierrez, 32. Ahmed, who has health problems, was freed on his own recognizance until today's court appearance. The rest remain in federal custody.

Barron and Herrera-Gutierrez are illegal immigrants from Mexico, according to the U.S. Attorney's office in Houston.

The five are charged with conspiracy to harbor illegal immigrants, inducing illegal immigrants to come into the country, as well as illegal hiring practices including knowingly accepting false work documents.

''Immigration is a political issue and until it is solved politically, any employer is at risk," said David Gerger, a prominent Houston attorney who is representing the owners. ''But as far as this case goes, we will defend it in court and not in the press." Gerger represented former Enron finance chief Andrew Fastow during his criminal case.

The arrests of the company leaders were applauded by those who favor tough enforcement of immigration laws.

''Employers who knowingly hire illegals need to face the consequences, and the consequences are prosecution," said..congressman Ted Poe,

[SwinneySwitch]

2 of the managers are here illegaly!

[SwinneySwitch]

Pinkerton ping!

If you want on, or off this S. Texas/Mexico ping list, please FReepMail me.

[devane617]

even the managers? wow, that is bold.

[nuconvert]

We export rags?

[TLI]

Jail time. Do not let them buy their way out with a fine. Give em jail time.

[villagerjoel]

I don’t like this.
It seems good to us here who want immigration control, but put yourselves in the shoes of the owner of a company.

We have no national ID card (not sure I want one either), and social security cards can be faked. Lets say you hire someone. How are you supposed to know their Utah drivers’ license was given to an illegal? Meanwhile, anybody can walk across our border, or send our guards to jail for shooting them. We have a broken system.

[SwinneySwitch]

Do you think the 2 illegal managers didn’t know they were here illegally?

[basil]

After reading about the company and the working conditions, this may be the first job I've seen that no American would take.

Those people must be desperate to work under those conditions. Too bad they didn't find employment at home.

[villagerjoel]

I don’t mean to say we shouldn’t export illegals. We should. But I think this is just a way to make us appreciate what Big Brother is doing for us, while the Fed really does nothing, or is actually planning things like the North American Super Highway, etc.

[happinesswithoutpeace]

Read the article.

The managers told the illegals to obtain stolen/forged documents.

[SwinneySwitch]

An informant said she met with Kahlon, the owner, and he told her how to obtain fraudulent work papers for herself and girlfriends who were looking for work.

[B4Ranch]

I am wondering why this guy is going through the legal system and the Orthodox meats slaughterhouse owners aren’t. 400 arested there over 166 here. Who hired more illegals? Who is making bigger profits? Something stinks.

[Man50D]

The arrests of the company leaders were applauded by those who favor tough enforcement of immigration laws.

Below is the immigration law that needs to be strictly enforced more often.

Federal Immigration and Nationality Act

Section 8 USC 1324(a)(1)(A)(iv)(b)(iii) Recruitment and Employment of Illegal Aliens Encouraging and Harboring Illegal Aliens Enforcement RICO —Citizen Recourse Tax Crimes Comment

Section 8 USC 1324(a)(1)(A)(iv)(b)(iii) "Any person who . . . encourages or induces an illegal alien to . . . reside . . . knowing or in reckless disregard of the fact that such . . . residence is . . . in violation of law, shall be punished as provided . . . for each illegal alien in respect to whom such a violation occurs . . . fined under title 18 . . . imprisoned not more than 5 years, or both."

Section 274 felonies under the federal Immigration and Nationality Act, INA 274A(a)(1)(A):

A person (including a group of persons, business, organization, or local government) commits a federal felony when she or he:

· assists an illegal alien s/he should reasonably know is illegally in the U.S. or who lacks employment authorization, by transporting, sheltering, or assisting him or her to obtain employment, or · encourages that illegal alien to remain in the U.S. by referring him or her to an employer or by acting as employer or agent for an employer in any way, or · knowingly assists illegal aliens due to personal convictions. ·

Penalties upon conviction include criminal fines, imprisonment, and forfeiture of vehicles and real property used to commit the crime. Anyone employing or contracting with an illegal alien without verifying his or her work authorization status is guilty of a misdemeanor. Aliens and employers violating immigration laws are subject to arrest, detention, and seizure of their vehicles or property. In addition, individuals or entities who engage in racketeering enterprises that commit (or conspire to commit) immigration-related felonies are subject to private civil suits for treble damages and injunctive relief.

Recruitment and Employment of Illegal Aliens

It is unlawful to hire an alien, to recruit an alien, or to refer an illegal alien for a fee, knowing the illegal alien is unauthorized to work in the United States. It is equally unlawful to continue to employ an illegal alien knowing that the illegal alien is unauthorized to work.

It is unlawful to hire any individual for employment in the United States without complying with employment eligibility verification requirements. Requirements include examination of identity documents and completion of Form I-9 for every employee hired. Employers must retain all I-9s, and, with three days' advance notice, the forms must be made available for inspection. Employment includes any service or labor performed for any type of remuneration within the United States, with the exception of sporadic domestic service by an individual in a private home. "Day laborers" or other casual workers engaged in any compensated activity (with the above exception) are employees for purposes of immigration law. An employer includes an agent or anyone acting directly or indirectly in the interest of the employer. For purposes of verification of authorization to work, employer also means an independent contractor, or a contractor other than the person using the illegal alien labor.

The use of temporary or short-term contracts cannot be used to circumvent the employment authorization verification requirements. If employment is to be for less than the usual three days allowed for completing the I-9 Form requirement, the form must be completed immediately at the time of hire.

An employer has constructive knowledge that an employee is an illegal unauthorized worker if a reasonable person would infer it from the facts. Constructive knowledge constituting a violation of federal law has been found where (1) the I-9 employment eligibility form has not been properly completed, including supporting documentation, (2) the employer has learned from other individuals, media reports, or any source of information available to the employer that the alien is unauthorized to work, or (3) the employer acts with reckless disregard for the legal consequences of permitting a third party to provide or introduce an illegal alien into the employer's work force. Knowledge cannot be inferred solely on the basis of an individual's accent or foreign appearance.

Actual specific knowledge is not required. For example, a newspaper article stating that ballrooms depend on an illegal alien work force of dance hostesses was held by the courts to be a reasonable ground for suspicion that unlawful conduct had occurred.

It is illegal for nonprofit or religious organizations to knowingly assist an employer to violate employment sanctions, regardless of claims that their convictions require them to assist illegal aliens. Harboring or aiding illegal aliens is not protected by the First Amendment. It is a felony to establish a commercial enterprise for the purpose of evading any provision of federal immigration law. Violators may be fined or imprisoned for up to five years.

Encouraging and Harboring Illegal Aliens

It is a violation of law for any person to conceal, harbor, or shield from detection in any place, including any building or means of transportation, any illegal alien who is in the United States in violation of law. Harboring means any conduct that tends to substantially facilitate an alien to remain in the U.S. illegally. The sheltering need not be clandestine, and harboring covers aliens arrested outdoors, as well as in a building. This provision includes harboring an alien who entered the U.S. legally but has since lost his legal status.

An employer can be convicted of the felony of harboring illegal aliens who are his employees if he takes actions in reckless disregard of their illegal status, such as ordering them to obtain false documents, altering records, obstructing INS inspections, or taking other actions that facilitate the alien's illegal employment. Any person who within any 12-month period hires ten or more individuals with actual knowledge that they are illegal aliens or unauthorized workers is guilty of felony harboring. It is also a felony to encourage or induce an alien to come to or reside in the U.S. knowing or recklessly disregarding the fact that the alien's entry or residence is in violation of the law. This crime applies to any person, rather than just employers of illegal aliens. Courts have ruled that "encouraging" includes counseling illegal aliens to continue working in the U.S. or assisting them to complete applications with false statements or obvious errors. The fact that the alien is a refugee fleeing persecution is not a defense to this felony, since U.S. law and the UN Protocol on Refugees both require that a refugee must report to immigration authorities without delay upon entry to the U.S.

The penalty for felony harboring is a fine and imprisonment for up to five years. The penalty for felony alien smuggling is a fine and up to ten years' imprisonment. Where the crime causes serious bodily injury or places the life of any person in jeopardy, the penalty is a fine and up to twenty years' imprisonment. If the criminal smuggling or harboring results in the death of any person, the penalty can include life imprisonment. Convictions for aiding, abetting, or conspiracy to commit alien smuggling or harboring, carry the same penalties. Courts can impose consecutive prison sentences for each alien smuggled or harbored. A court may order a convicted smuggler to pay restitution if the illegal alien smuggled qualifies as a victim under the Victim and Witness Protection Act. Conspiracy to commit crimes of sheltering, harboring, or employing illegal aliens is a separate federal offense punishable by a fine of up to $10,000 or five years' imprisonment.

Enforcement

A person or entity having knowledge of a violation or potential violation of employer sanctions provisions may submit a signed written complaint to the INS office with jurisdiction over the business or residence of the potential violator, whether an employer, employee, or agent. The complaint must include the names and addresses of both the complainant and the violator, and detailed factual allegations, including date, time, and place of the potential violation, and the specific conduct alleged to be a violation of employer sanctions. By regulation, the INS will only investigate third-party complaints that have a reasonable probability of validity. Designated INS officers and employees, and all other officers whose duty it is to enforce criminal laws, may make an arrest for violation of smuggling or harboring illegal aliens.

State and local law enforcement officials have the general power to investigate and arrest violators of federal immigration statutes without prior INS knowledge or approval, as long as they are authorized to do so by state law. There is no extant federal limitation on this authority. The 1996 immigration control legislation passed by Congress was intended to encourage states and local agencies to participate in the process of enforcing federal immigration laws. Immigration officers and local law enforcement officers may detain an individual for a brief warrantless interrogation where circumstances create a reasonable suspicion that the individual is illegally present in the U.S. Specific facts constituting a reasonable suspicion include evasive, nervous, or erratic behavior; dress or speech indicating foreign citizenship; and presence in an area known to contain a concentration of illegal aliens. Hispanic appearance alone is not sufficient. Immigration officers and police must have a valid warrant or valid employer's consent to enter workplaces or residences. Any vehicle used to transport or harbor illegal aliens, or used as a substantial part of an activity that encourages illegal aliens to come to or reside in the U.S. may be seized by an immigration officer and is subject to forfeiture. The forfeiture power covers any conveyances used within the U.S.

RICO —Citizen Recourse

Private persons and entities may initiate civil suits to obtain injunctions and treble damages against enterprises that conspire to or actually violate federal alien smuggling, harboring, or document fraud statutes, under the Racketeer-Influenced and Corrupt Organizations (RICO). The pattern of racketeering activity is defined as commission of two or more of the listed crimes. A RICO enterprise can be any individual legal entity, or a group of individuals who are not a legal entity but are associated in fact, and can include nonprofit associations.

Tax Crimes

Employers who aid or abet the preparation of false tax returns by failing to pay income or Social Security taxes for illegal alien employees, or who knowingly make payments using false names or Social Security numbers, are subject to IRS criminal and civil sanctions. U.S. nationals who have suffered intentional discrimination because of citizenship or national origin by an employer with more than three employees may file a complaint within 180 days of the discriminatory act with the Special Counsel for Immigration-Related Unfair Employment Practices, U.S. Department of Justice. In addition to the federal statutes summarized, state laws and local ordinances controlling fair labor practices, workers compensation, zoning, safe housing and rental property, nuisance, licensing, street vending, and solicitations by contractors may also apply to activities that involve illegal aliens.

Comment:

A comment and a published quote by Robert Gaffney, Attorney and County Executive of Suffolk County, LI, NY:

The statutory foundation of United States immigration law has always been the jurisdiction of the federal government, Congress and the federal courts. The preeminent laws concerning the employment of illegal aliens are found in the Immigration and Nationality Act (8 U.S.C. §~ 1101-1503), as amended by the Immigration Reform and Control Act of 1986 CIRCA).

The law states it is a crime to assist an illegal alien who lacks employment authorization by referring him to an employer, or by acting as his or her employer, or as an agent for an employer. 8 U.S.C.S. § 1324a(a)(1)(A) (Lexis 1997). Furthermore, it is unlawful to hire an individual for employment without complying with the employment eligibility requirements for every person hired. 8 U.S.C.S. § 1324a(a)(l)(B) (Lexis 1997). Moreover, conduct tending substantially to facilitate illegal aliens remaining in the United States illegally, where there is knowledge or a reckless disregard of an illegal alien s unlawful status, is a crime, with escalating penalties, encompassed within the provisions of 1324. 8 U.S.C.S. § 1324(a)(l)(A)(iii) (Lexis 1997); United States v. Kim. 193 F-3d 567 (2d Cir. 1999), are considered employees for purposes of immigration law.

[TrueKnightGalahad]

We export rags?

Did you see the names of the owners? Hint: not exactly Scotch-Irish. Why do you think Mooselimbs are called rag-heads? ;-)

[eastforker]

Yup, teo raghead owners hire two head honcho illegal rag sorters to ride shotgun over illegal hired helpers shipping rags.

[Navy Patriot]

I fear a publicity stunt to disarm pro border security types and provide precedent for letting knowing illegal employers weasel out of conviction. Or "much ado about nothing".

The only sure fire way to tell is if there are any convictions and those convicted serve time.

[SwinneySwitch]

Stay tuned.

[NathanR]

Yes. Have you ever been to a Goodwill As-Is Yard? They auction off bundles of rags (and other stuff) and the buyers send them to Mexico and points south.

[CdMGuy]

You are uninformed. Having been involved in the hiring process for over 25 years, I can assure you that it is quite easy to hire only citizens or legal residents. Beside documents, there is the interview process itself in which some basic questions will lead the interviewer to accept or be suspicious of any documentation provided.

Plus, if the employer has a policy of not hiring illegals, that becomes a self-fulfilling policy as illegals will shy away from the business. I know that in those 25 years of hiring at several companies, we never once hired an illegal simply because it was our stated intent not to do so.

[SwinneySwitch]

Ahmed, who has health problems, probably won’t serve much time.

[nuconvert]

“Have you ever been to a Goodwill As-Is Yard?”

Nope.
I figured wherever people wore clothing, you’d have rags

[villagerjoel]

“Having been involved in the hiring process for over 25 years, I can assure you that it is quite easy to hire only citizens or legal residents.”

Good to know from an authoritative source. I've only been on the employee side of it, and it seems easy to fake being legal.

I'll take your word, and assume that we can let the employers reasonably bare the responsibility of identifying and refusing to hire illegals.

That said, I still believe this is nothing more than a politically motivated ploy to make the general public believe the Feds are actually doing something about immigration.

[dljordan]

“We have no national ID card (not sure I want one either), and social security cards can be faked. Lets say you hire someone. How are you supposed to know their Utah drivers’ license was given to an illegal? Meanwhile, anybody can walk across our border, or send our guards to jail for shooting them. We have a broken system.”

Everify? It ain’t that hard to check. No excuse.

[buccaneer81]

Action Rags

They make headgear for the dashing suicide bomber.

[B4Ranch]

That’s fine with me. I hate the idea of paying for his medical care in prison though.

[Maverick68]

Shouldn’t we also be arresting govt employees who help run sanctuary cities?

[dbacks]

[ How are you supposed to know their Utah drivers’ license was given to an illegal?]

There is a national database wherein you can verify legality.

ONLINE! No excuses. Sorry.

[dbacks]

It is called E-Verify. Check it out!

[ridesthemiles]

We export rags?”

Easier to hide terrorist components in the bins???

Tough talk from their lawyer-—the rules about checking documents for hiring employees goes back to at least 1991. I have I-9 forms with the date of 11-21-1991 on them...ironically- that is my birthday!! the date- not the year!!

[ridesthemiles]

We have a broken system.”

In some ways, yes.
There are numberous companies coming on line that do this ckind of checking of legality for you. Here in Nevada, it is called Nevada Lynx. Don’t know what it costs, but it has to be cheaper than the mandatory $5000 fine for every illegal on your payroll...
I have the I-9 form and the instructions for the employer for checking documents.
I contend these “employers” didn’t even try to check a darn thing.
BTW- I was talking to a local employer in the last 3 weeks, and he claimed he had never heard of the I-9. I gave him a good talking to. Don’t know if it did him any good.

[ridesthemiles]

Action Rags
They make headgear for the dashing suicide bomber.”

Now, why did an image of Errol Flynn come into my mind?????

[politicalwit]

but put yourselves in the shoes of the owner of a company.

As a business owner I can say without hesitation there are quick, simple and inexpensive ways to do checks on any employee or potential employee with 99.99% accuracy.

[dennisw]

The real point of the story is you have legal immigrants (Arabs) hiring illegal immigrants (Mexicans)

The biggest employer of illegals is legal immigrants

[deport]

A little more info:

July 2, 2008

FIVE EMPLOYERS OF ACTION RAGS USA CHARGED FOR HIRING AND EMPLOYING ILLEGAL ALIENS

(HOUSTON, Texas) – A criminal complaint was unsealed today charging the owner and managers of Action Rags USA, an exporter and grader of used clothing, with conspiracy to harbor illegal aliens, inducing illegal aliens to come to the U.S. and engaging in a pattern or practice of hiring illegal aliens, United States Attorney Don DeGabrielle announced today. Those charged include the owner, Mabarik Kahlon, 45; his partner and uncle, Rasheed Ahmed, 58; manager Cirila Barron, 38; resource manager Valerie Rodriguez, 34; and warehouse supervisor Mayra Herrera-Gutierrez, 32. Barron and Herrera-Gutierrez are illegal aliens who reside in Houston from Mexico, while Kahlon, Ahmed and Rodriguez all reside in Houston. All five are expected to make appearances in court tomorrow before U.S. Magistrate Judge Calvin Botley at 10:00 a.m.

The federal criminal complaint alleges the defendants were involved in a pattern and practice of hiring a number of illegal aliens to work at the plant and knowingly accepting false documents as proof of citizenship for those workers. 

Immigration and Customs Enforcement (ICE) began its investigation into Action Rags following complaints in May 2007, leading investigators to locate and interview a number of former and current employees of the plant.  According to the criminal complaint, the one-year investigation revealed the company did not complete I-9 forms to verify eligibility for employment, hired undocumented aliens and paid them in cash until they were able to purchase fraudulent identity and social security cards from local flea markets.

ICE agents conducted an undercover operation in July 2007, according to allegations in the criminal complaint, during which a person posing as a fraudulently documented alien told the defendants she purchased her identification documents at a local flea market. The defendants accepted the documents and did not prepare an I-9 form or a W-4 form for tax withholding. The investigation resulted in the discovery of approximately 300 persons employed at the plant who worked a single shift from 7:00 a.m. to 3:30 p.m. daily, and to the subsequent execution of a search warrant on June 25, 2008, at the east Houston plant located at 1225 Port Houston, near the Houston Ship Channel. The enforcement action resulted in the administrative detention of more than 150 illegal aliens, most of Mexico, discovered working at the plant. According to the complaint, employees had to supply their own water in the plant, which was not air-conditioned and poorly ventilated.

A criminal complaint is a formal accusation of alleged criminal conduct, not evidence. Each defendant is presumed innocent unless convicted through due process of law.   

The case was investigated by ICE and is being prosecuted by Assistant U.S. Attorneys Doug Davis and Ryan D. McConnell of the United States Attorney’s Office in Houston.

[iopscusa]

OK I’ll put myself in the shoes of the owner of a company...I know I’m guilty, no excuses for this scumbag.

[rrrod]

hey that’s OK...the illegals can come up here to NC...we will load them up with welfare, med care, school lunches, drive them to work, give them emergency cash, provide day care and just about anything else ya can think of....with no questions asked.

[SwinneySwitch]

Kosher plant raid

Two supervisors charged with luring illegal immigrants
Cedar Rapids Gazette ^ | 07/03/2008 | Alicia Ebaugh

Posted on Friday, July 04, 2008 2:37:55 AM by iowamark

http://www.freerepublic.com/focus/f-news/2040634/posts