A Search for a Hit and Run Suspect Leads to the Arrest of 29 Suspected Undocumented Workers
December 23rd, 2008 § Leave a Comment
On December 3, 2008, Louisiana State Police were contacted by the Texas Rangers in reference to a fatal hit and run that had taken place several months prior in Texas. The Rangers believed that the suspect may be working on a construction site at a nursing center in Lake Charles, and asked the Louisiana State Police to investigate.
A Louisiana State Police Sergeant interviewed by KPLC 7 News, a local NBC affiliate, stated that when officers began questioning workers at the site, they discovered that many of them were undocumented and contacted the U.S. Customs and Border Protection (CBP) office in Lake Charles. Twenty-nine individuals were taken into custody by CBP. Click here for the KPLC 7 story. According to a statement released by CBP, its office became involved after it was asked by the State Police to assist in “translating for 31 Spanish speaking subjects at the worksite.”
The administrator of the nursing center where the construction was 
taking place was also interviewed by KPLC 7 News and stated that she did not have any knowledge that suspected undocumented workers were employed at the site. “We don’t actually do the hiring,” she was quoted as saying, “[T]he contractor hires the sub-contractor. Even the contractor is a good company …and from what I was told by the state troopers is that [sic] they’re not really sure that they’re illegal, but they did take them down to have them all checked out.”
The suspect was not among the individuals taken into custody, or located at the construction site.
It is illegal for a company and its agents to enter into a contract, subcontract or other agreement in order “to obtain labor services” of an undocumented worker, knowing that the worker is unauthorized to work in the United States. See C.F.R. § 274a.5 and INA § 274(a)(1)(A).
Thus, it is illegal to use contractors, subcontractors or independent contractors as a ruse to avoid responsibility under Immigration Reform and Control Act (IRCA), INA §§ 274A, 274B and 274C, and other statutes prohibiting the employment, transportation and harboring of undocumented workers. The element of “knowing” arises if the company or individual shows a reckless and wanton disregard to the risk that the entity contracted with may be employing undocumented workers. One way in which a reckless and wanton disregard may be shown is if the company or its agents know the entity has previously provided undocumented workers.
It must be stressed that there is no indication that the contractor, sub-contractor or nursing facility in Lake Charles had any knowledge of the workers’ suspected undocumented status. However, the incident is a reminder that all companies and their agents must be aware of their legal responsibilities to take reasonable steps to verify the employment authorization of their workers, and cannot ignore signs that contractors, sub-contractors or independent contractors they enter into agreements with are violating the law in this regard.
The Lake Charles incident is also a reminder that local law enforcement agencies are increasingly cooperating with CBP, Immigration and Customs Enforcement (ICE) and other federal agencies assigned with enforcing the nation’s immigration laws. Cooperation can include participating in the investigations and worksite enforcement actions, or at a minimum, contacting DHS when they discover potential immigration violations. This is significant because it not only augments the considerable resources the federal government has dedicated to the enforcement of the country’s immigration laws, but local police departments often have more knowledge of what is taking place in their communities, including the use of undocumented workers, than federal agencies which may have a local office assigned to the entire state, or other large geographic subdivision.
