Posted on 01/07/2018 8:57:39 AM PST by Wolfie
Michigan dairy farmer gets prison time for hiring undocumented immigrants
A Michigan dairy farmer is to spend a couple of years in federal prison and owes a six-figure fine for hiring undocumented immigrants.
U.S. District Judge Thomas L. Ludington on Thursday, Jan. 4, sentenced Denis Burke to two years in prison, followed by two years of supervised release. Ludington did not order Burke taken into custody on Thursday, but gave him time to self-report to the U.S. Marshals Services.
The judge also ordered Burke to pay a fine of $187,500 and an assessment fee of $100.
Burke in September pleaded guilty to knowingly harboring illegal aliens for private gain and/or commercial advantage.
In exchange for his plea, the prosecution dismissed four more counts of the same charge.
Burke's wife and codefendant, Madeline Burke, in June pleaded guilty to one count of hiring without verification of employment eligibility. In September, she received two years' probation and was also ordered to pay the same fine with monthly installments of $15,600.
The Burkes own Parisville Dairy in Huron County and Dunganstown Dairy in Tuscola County. Between February 2008 and May 2013, the couple hired and harbored more than 100 undocumented immigrants to work on their farms, Denis Burke's plea agreement states.
"Denis Burke gave the illegal aliens free housing on or next to his farms so the illegal aliens would be readily available for work and less accessible to immigration authorities," the document states. "Because the illegal aliens lacked valid documentation, they could not get driver's licenses, open accounts at financial institutions so they could cash paychecks themselves, or register vehicles with the Michigan Secretary of State."
As a result of this, the workers relied on others to drive them around.
On Feb. 1, 2013, a Bad Axe police officer pulled over a vehicle driven by Yolanda Stewart and containing five passengers. All of the passengers were undocumented immigrants working at the Burkes' farms.
Denis Burke was aware that Stewart regularly drove his employees to town so they could go shopping and wire money to their families in other countries, the plea agreement states. Investigators found paystubs from the farms, MoneyGram receipts, and an identification document issued by the Mexican consulate in Stewart's car.
Stewart's five passengers were arrested. As a result, his remaining employees were afraid to leave the farms. Denis Burke thus paid Stewart $800 to buy groceries for his workers so the farms could continue operating, the document states.
In July 2016, Stewart pleaded guilty to conspiring to transport, harbor, and shield illegal aliens from detection for private financial gain. In November, a judge sentenced her to 27 months in federal prison.
A grand jury had indicted the Burkes in September 2016.
The government nails this farmer for doing the very thing the GOPe and Dems want; employing more illegals. There is a logical disconnect here. Of course this dairy farmer is not politically connected like most politicians, so he can’t put the hurt on anyone. So it is safe for the government to nail him to the wall as a token “example”.
They better start rounding up the owners of wooden pallets companies. Every pallet yard is loaded with illegals. One pallet company outside of Columbus, OH had over 100 illegals and no one was arrested or even charged with a crime.
Most of the big boys keep the hiring of illegal aliens at arms length by using sub-contractors. They don’t hire them or pay them, but they still benefit.
That’s precisely the point...this shows that it will be enforced. This sets a precedent that makes the next trip to court much less uncertain.
“Go to hell”
Ok? Doesn’t negate what I said.
No one is above the law because of warm feelings. Sorry.
You want exceptions for the dairy farmer, then make it for the restaurant owner.
It’s more than Juans taco stand. I knew a legal immigrant Indian who owned a restaurant but was risk averse and he said he couldn’t compete because of cheap illegals and that most restaurants have illegals to some extent. Another poster pointed out the construction industry is rife with illegals. I hope the dairy farmer going to jail incentivizes the rest of the industry to clean up, but restaurants and construction are barboring far more. I believe there are over 1 million restaurants in the US, with lots of untraceable cash receipts. There are not so many dairy farms, and hiding cash transactions is much more difficult.
One conviction is a fluke. One thousand is a message.
I’m not asking for exceptions for dairy farmers, I’m asking that the friggin feds go after the bigger, EASIER, buckets of illegals such as the restaurant industry. You can shove your “feelings” theory up yours.
This prosecution was made possible by the legislation President Reagan signed granting amnesty around 1987. Its the main reason it can emphatically be stated, he is not responsibly for the situation we have today.
Presidents Bush, Clinton, Bush, and Obama refused to enforce our laws.
So here we are, with employers across the nation hiring illegal immigrants with impunity.
Now jail landlords who rent to illegals.
I read this news with udder delight.
But I feel for the farmer’s family.
“Where are the illegals? They ran
off? What are we supposed to do?
We can’t shovel sh*t!”
Oh please.
I’m asking for the Feds to enforce the law. It’s like screaming that you got a speeding ticket when the “other guy” is going 40 mph faster than you are.
This is one measly news story about one person that got arrested, not the COMPLETE body of what ICE is doing. It isnt a zero-sum game.
Like I said, sorry if that offends you.
Note to the FEDS:
Go after the roofing companies——Lots of illegals there.
And the landscape companies....more illegals.
The restaurants aren’t a real problem. The farmer with his bunkhouse full of young male illegals roaming the area, causing trouble or the farmer who has family housing for 100s of illegals is a huge problem.
15 years ago a 16 year old girl in my state was raped and murdered by an illegal who was brought in to work on one of the big farms. The employer never faced any legal punishment. The guys in the restaurant kitchen are not a good thing but they aren’t roaming the countryside after work, drunk and harassing women. I want every big farmer who endangers his neighbors like this to face real consequences.
So whats stopping this from happing to legislators from places like CA???
Incorrect. That legislation required that the employers fill out the I 9 form and get two forms of ID.
This prosecution was made possible by Bill Clinton, who was the first Prez to try a criminal prosecution when he went after the corporate officers at Tyson Chicken in 1998.
Up until then employers could be subject to a civil prosecution but most were only threatened with civil prosecution and given administrative fines and not required to admit guilt.
Clinton thought that Tyson was gaming the Basic Pilot employee id system and went after the corporate officers.
It took 6 years(2004) until verdict and there were no convictions of officers, but there were criminal convictions of local Tyson plant managers. The jury ruled that because these plants managers provided housing to the illegals and because some illegals had been transferred from one plant to another, these plant managers likely knew that they were illegals.
After the verdict Bush would use the precedent to convict IFCO Pallet company because they were transferring employees and he convicted a mining company who was providing housing.
Most employees follow the law. They fill out the I9 and get two IDs. It is stupid to try to prosecute them civilly or criminally because they have not broken the law and you waste all your resources.
But if the employer is doing things like providing housing it can be proven to a jury.
Sounds like he was more than a dairy farmer. 300 head dairies in my area have 4-5 employees. This guy was running a side business of an illegal alien workers hiring hall.
The same penalty would apply to sanctuary city mayors and governors.
Oh please, you insinuated that I wanted an exception for farmers and then you wriggle around it. The accusation and wriggling offends me.
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.