Class Action Lawsuit Alleges Abuse, "Immigration Fees"

By Dave Franzman, Reporter

Immigration and Customs Enforcement agents and Linn County officers escort some of those arrested on Monday after the Postville raid from a Homeland Security bus and lead them into Linn County Jail in Cedar Rapids on Wednesday, May 14, 2008. (Courtney Sargent/The Gazette)

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By Ashley Hinson

Story Created: May 16, 2008 at 6:28 AM CST

Story Updated: May 16, 2008 at 5:33 PM CST

CEDAR RAPIDS-Lawyers for three detained workers from Postville named both Agriprocessors and immigration officials in the first lawsuit filed over the raid.

Attorneys for two law firms in Omaha asked the judge to make it a "class action" suit--so any rulings would apply to all those arrested in the immigration raid.

The suit filed in U.S. District Court in Cedar Rapids on Thursday alleges Agriprocessors, Inc. violated federal racketeering laws by paying less than legal wages and stealing money from the wages of workers. The suit was filed on behalf of Antonin Candido, Roman Candido and Maria del Refugio Masias. Those three were among 389 arrested in the raid last Monday.

Some of the allegations filed in the suit come directly from a government informant who provided the basis for arrest warrants used in the raid. That informant reported the company paid some undocumented workers as little as $5.00 an hour. It also cites one case where a supervisor duct taped the eyes of one worker and hit him with a meat hook.

But the suit makes other claims of wage and labor law violations based on interviews done by Des Moines immigration attorney Sonia Parras Konrad. Konrad told TV9 the company improperly withheld $50 dollars from the paychecks of some people for what was called "immigration fees."

"They (detainees) understand some went to pay taxes, but they were also explained that an amount went to pay immigration or to pay law enforcement so they could continue to work in spite of being undocumented," Konrad said.

An Argiprocessors, Inc. spokesperson, Jim Fallon, told TV9 the company could not comment on allegations in the recently filed suit. However, Fallon also said the company is "performing an independent investigation...."

The suit also named immigration officials because attorneys claim the swift pace of the proceedings is violating the constitutional rights of detainees. Attorneys say if many detainees are deported or sent out of state quickly they won't have time to investigate claims of abuse.

A hearing on the lawsuit was scheduled for Tuesday morning in Cedar Rapids. Also on Tuesday, a subcommittee of the House Committee on Education and Labor will discuss ICE workplace raids.

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