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Raid: 20 Arrested On Criminal Charges POSTED: 11:22 am CDT May 12, 2008
UPDATED: 4:52 pm CDT May 13, 2008
POSTVILLE, Iowa -- Officials with the U.S. Attorney's Office said Tuesday that 20 people are now charged with criminal acts following a raid at a northeastern Iowa plant.
Ten men and 10 women have been arrested on criminal charges. The men charged appeared in federal court in Waterloo on Tuesday afternoon, while the women will be in court at 10 a.m. Wednesday for their initial appearances.
Officials said the criminal charges vary by individual and include felony allegations of aggravated identity theft and false use of social security numbers.
Officials said Tuesday that 390 people were arrested in the raid on the Agriprocessors Inc. plant in Postville on Monday.
Officials said in all 697 criminal complaints and arrest warrants have been issued for plant employees, leaving 307 people still unaccounted for.
Officials said 314 men and 76 women were initially taken into custody by ICE agents. Of that number, 56 have been released on humanitarian grounds, typically because their arrest would leave a child with no custodian.
Those arrested are being held in county jails and at a fairgrounds.
U.S. Attorney Matt Dummermuth called the raid the largest of its kind in Iowa history. Officials also said Tuesday the raid is the largest single site raid nationwide.
Dummermuth said planning for the operation began months ago.
Agents with U.S. Immigration and Customs Enforcement issued criminal search warrants for aggravated identify theft and fraudulent Social Security numbers. They arrived at the plant around 10 a.m.
Agency spokesman Tim Counts told the Waterloo-Cedar Falls Courier that civil search warrants also were issued for illegal immigrants, and agents and medical professionals are evaluating those who have been arrested.
Agriprocessors is the world's largest kosher meatpacking plant.
Postville is located about 75 miles north of Waterloo in eastern Iowa.
Officials said their investigation is ongoing.
ACLU Reaction
Ben Stone with ACLU of Iowa released this statement Tuesday:
The ACLU of Iowa strongly condemns the unnecessary use of criminal prosecutions to coerce hundreds of foreign-born workers detained in the recent raid in Postville, Iowa into waiving their rights to individually demonstrate why each of them should be allowed to remain in the U.S.
Of the 390 workers reportedly detained, nearly three hundred are from Guatemala, a country known for its human rights abuses. A civil deportation proceeding is the best way to address immigration cases, and each case needs to be handled on an individual basis. By converting the meatpacking plant raid into a mass criminal prosecution, the government is wasting precious legal resources and giving short shrift to the American right of due process, which belongs to all persons, not just citizens.
From the information the ACLU of Iowa has been able to gather, it appears that detainees are not receiving adequate time to meet with their lawyers, and that defense attorneys are being overwhelmed requests to represent far more clients than is advisable - or perhaps even ethical. We are concerned that the sheer size of this raid is likely to result in numerous violations of the U.S. Constitution, which protects the due process rights all persons in this country. It is our understanding that detainees are being threatened with prosecution if they do not waive their right to an individualized deportation hearing and that they may be forced to do so with only minimal opportunity to speak with defense counsel.
While justice delayed is justice denied -- justice in haste lays waste.
The ACLU of Iowa recognizes that the United States, like every nation, has the right to control who enters the country, to enforce the integrity of its borders, and to set immigration policy. However, the ACLU of Iowa also believes that this policy needs to be consistent with our American values of fairness, and the tradition of welcoming immigrants. While our government can determine immigration status and enforce immigration laws, it should act fairly, humanely and in accordance with our constitutional norms of due process and equal protection and adhere to U.S. obligations under international law.
Reaction
Iowa United Methodist Bishop Gregory Palmer called Monday night for an end to raids like the one in Postville. Palmer said officials need to release the people detained and work with our elected officials to create "a just and comprehensive immigration policy."
Palmer's statement said, "we cannot allow the pattern of history to repeat itself where the newest migrants to our nation become criminalized and become the target of our animosity, fear, racism, and anger."
Governor's Statement On Raid
My office was informed last week there would be an impending federal exercise in the Waterloo area. I was briefed via telephone this morning at about 10:15 am by the U.S. Attorney for Northern District, as the exercise was happening.
The states role in todays exercise has been limited. The Department of Public Safety is providing traffic support on the scene, and if additional criminal activity is discovered through the course of the exercise, the DCI is prepared to investigate at the state level.
I believe it is important that we crack down on illegal immigration. Illegal means illegal. Not just those who cross the border, but also those who are responsible for helping make it happen -- traffickers, identity thieves, those who knowingly hire illegal immigrants, and anyone who has taken advantage of employees or turned a blind eye. At the same time we must take care to protect due process, and consider the impact on a small community and the people involved.
My Administration has made clear to the federal government the importance of ensuring the humanitarian side of this exercise is addressed in the community, and I have received assurances from the federal government that they are doing so.
I have also directed relevant state agencies to convene a working group under the Lt. Governors direction to ensure that state agencies are assisting the community in dealing with this event. This group will include representatives from Iowa Workforce Development, the Department of Human Services, the Department of Human Rights, the Department of Education, the Department of Public Health, and the Iowa Civil Rights Commission. Working group members have met this afternoon with the Lt. Governor to get briefed on this and begin working through their agencies to assist the community.
While this is a federal exercise, my office will continue to keep the public and press informed of any additional state involvement.
Copyright 2008 by KCCI.com. The Associated Press contributed to this report. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.
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