Court Imposes Penalties on Employer for Immigration Violations
Posted Aug 14, 2009
©MurthyDotCom
In the ongoing process of investigations and cases that occur with regard to immigrants and immigration processing, we at the Murthy Law Firm choose to share with our readers a recent case of the U.S. District Court, in which the court imposed monetary penalties and court supervision on the U.S. employer. The U.S. District Court sentenced Shipley Do-Nut Flour and Supply Company (Shipley Do-Nut) on August 7, 2009 in connection with charges of harboring undocumented immigrants. The company will be under court supervision for three years, will pay a fine of $250,000, and will forfeit $1.334 million to the U.S. Immigration and Customs Enforcement (ICE).
©MurthyDotCom
Background of Shipley Do Nut since October 2008
©MurthyDotCom
Shipley Do-Nut entered into a plea agreement in connection with these charges approximately one year before this sentence was handed down. The immigration-related charges and plea agreement in this case were reported to MurthyDotCom and MurthyBulletin readers in our October 3, 2008 article, Company's Officials Plead Guilty to Immigration Violations. The investigation of the company was part of ongoing enforcement efforts directed at employers of undocumented workers.
©MurthyDotCom
Company Revises Immigration Compliance Procedures
©MurthyDotCom
The allegations in this case claimed that 40 percent of the Shipley Do-Nut workforce was not authorized for employment. The plea agreement included revised immigration compliance procedures within the company's hiring practices. The company agreed to pay $1.334 million rather than to forfeit residential properties where undocumented workers were housed.
©MurthyDotCom
Separate Charges against Supervisors and Company President
©MurthyDotCom
In addition to the charges against the company itself, separate charges were brought against warehouse supervisory personnel for hiring or continuing to hire undocumented workers. These individuals received fines ranging between $1,000 and $2,000 and were given six months of probation. The president of the company also pled guilty to continuing to hire undocumented workers. He was fined $6,000 and given a similar probation period.
©MurthyDotCom
Conclusion
©MurthyDotCom
As can be seen from the Shipley Do-Nut case, the consequences for ignoring the immigration employment restrictions can be substantial. The price is high and, besides financial penalties for the company, certain key individuals are often fined and undergo probationary periods resulting in criminal records for those individuals. In today's enforcement climate the U.S. government has both the funds and the incentive to pursue employers over violations of U.S. immigration laws, it is safest to comply with all required immigration laws and procedures, including hiring practices.