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Postville Aftermath: 297 Charged, Convicted and Sentenced

76 Percent of Those Detained in Nation's Largest Criminal Immigration Operation Convicted of Criminal Wrongdoing

Ten days ago federal authorities surrounded Agriprocessors, a kosher meatpacking plant in Postville, and took 389 workers into custody on possible immigration violations. Within 48 hours officials with the U.S. Attorney's Office Northern District of Iowa and Immigration and Customs Enforcement announced that the first 20 arrests on criminal charges had taken place. By the time another 48 hours had passed, the public learned that a total of 305 of the 389 detained would face criminal charges, and that those charges would take precedence over any immigration proceedings.

Today -- the last day makeshift courtroom facilities at the National Cattle Congress in Waterloo were used -- the final groups of those accused were shackled and walked before a judge to enter their pleas. A full 98 percent, or 297 of the 302 detainees facing criminal charges, opted to enter a guilty plea, accept a lesser sentence and to be banned from legal entry into the United States for the rest of their lives. All of those convicted have admitted they were in the country illegally and face deportation.

The U.S. Attorney's Office originally indicated 305 had been arrested on criminal wrongdoing. After that announcement was made, six cases involving juveniles were dismissed and three additional defendants were arrested. Of the 302 that faced criminal charges, only five did not opt to enter a guilty plea. Those five individuals will make their next court appearances at the federal building in Cedar Rapids next week during preliminary hearings.

"Months of investigation and operational planning really paid off and allowed us to move through so many cases since May 12," said Matt Dummermuth, U.S. Attorney for the Northern District of Iowa. "Other key factors include ICE's substantial commitment of personnel and resources, the outstanding cooperation of a number of other vital law enforcement agencies, and the flexibility of the court in moving its operations to Waterloo. But the single biggest reason for the astonishing success of this operation to date has been the dedication, expertise and around-the-clock work during the last two weeks of the people involved, including employees from my office, from all of the participating law enforcement agencies and from the federal court."

While continuing to praise those who worked additional hours to complete the task at hand, Dummermuth also took exception to those who spread "misinformation" in the wake of the raid.

While long hours and challenging circumstances were faced, those involved acted with professionalism and respect for the Constitution and the rule of law," he said. "It is unfortunate that those with their own agenda have spread misinformation -- ignoring the fact that 297 people admitted their crimes and accepted the consequences of their actions. There have been no checkpoints, no random checks, and no house-to-house sweeps as have been rumored. Those arrested were provided with attorneys before they decided to plea guilty, and we are working with the Department of Labor to see to it that employees who are in custody receive their final paychecks."

Claud Arnold, special agent in charge of ICE's Office of Investigations, echoed both Dummermuth's praise and criticisms.

"Despite the usual spate of false allegations and baseless rumors, this operation and its follow-up activities were carried out with the utmost professionalism," Arnold said. "Dozens of arrested adults were released to care for their children, 23 juveniles were turned over to responsible adults or to specialists, and every detainee was treated with respect and dignity at all times."

Scott Baniecke, field office director for ICE's Detention and Removal Operations, said that detainess were given access to phones as well as a medical staff. He added that those accused were provided "secure, private areas" to meet with attorneys and officials from their home countries.

The final day of court in the Waterloo facility was subdued. Hearings began at 8 a.m. and concluded at roughly 6 p.m.

The final breakdown of the criminal cases are as follows:

  • 230 were sentenced to five months in prison and three additional years of supervision for using identification that belonged to another person to obtain employment.
  • 30 were sentenced to five months in prison and three additional years of supervision for using a Social Security number or card that belonged to another person to obtain employment.
  • 8 were sentenced to five months in prison and three additional years of supervision for illegal entry into the United States.
  • 2 were sentenced to 12 months and one day in prison and three additional years of supervision for using identification that belonged to another person to obtain employment.
  • 21 were sentenced to five years of probation for using completely fake identification to obtain employment.
  • 2 were sentenced to five years of probation for using completely fake Social Security numbers or cards.
  • 4 were sentenced to five years of probation for illegal reentry into the United States.
Of the 297 individuals sentenced, the vast majority -- 248 or 83.5 percent -- came from Guatemala. There were also 48 individuals (16.2 percent) who came from Mexico and one man from the Ukraine.

Although the vast majority of criminal prosecutions has been completed, Arnold made a point of noting that the investigation, led by ICE, is ongoing. An official in the U.S. Attorney's Office also indicated that the investigation remains open.

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Comments (1)

M. Hearn:

I wanted to let you all know that law-abiding U.S. Citizens applaud your upholding the laws of the USA. Please do not stop. If there are to be congressional hearings on this issue, I would like to testify and to bring information regarding the desires of U.S. Citizens to have our laws upheld and enforced.

Please do not stop these raids. On my way to a doctor's appointment this morning, I passed a large farm like property wherein Malastruccha gang signs were painted on the whole of two visible sides of the barn. These people have no respect for the law nor the rights of citizens and we must unite to ensure that they are not running wild on our streets or endangering our food and water and our people.
This is the letter I sent to Congressmen and Senators and to Mr. Penrod, mayor of Postville.

Mr. Penrod:

I sent the following letter to my Senators and Congressmen as well as the Senators from Iowa. I would state that instead of complaining that "This raid did nothing for this community...It downgraded us substantially. It caused people to suffer, and it caused our reputation to suffer clear across the country.", had you be ensuring that the plant was up-to-code and clean and that the workers who were working there had a legal right to work in the USA, the raids would not have been necessary and your town would not have gotten a "black eye". We citizens of the USA have a right to have our laws enforced and we have a right to have "national security" and "clean, untainted food". It appears that you did little or nothing to ensure that we have any of the above and therefore, you are as guilty as Agriprocessors or the illegal immigrants. Before you get angry with me, please try to see this from my point of view and from the point of view of other law-abiding citizens: Here is my letter:

This letter is in response to an article in the Aurora, IL. "Beacon News", July 27, 2008, "Iowans beg congressmen to stop immigration raids." In this article supposedly the mayor of Postville, Iowa, Mr. Robert Penrod stated that "This raid did nothing for this community.", he said, "It downgraded us substantially. It caused people to suffer, and it caused our reputation to suffer clear across the country."

First let me say that I sincerely doubt that with the exception of the Mayor and Agriprocessors, those urging Congressmen Gutierrez, Sires, and Baca are U.S. Citizens. They are probably families of lawbreakers who have no rights in this country whatsoever and do not get rights by the mere act of being children born to illegal immigrants. These families and their children are children of lawbreakers and are not citizens of the USA no matter what is believed and we citizens are ensuring that we get this tried in the Supreme Court just as we have our right to own guns! Furthermore, these families deserve no more sympathy than law-abiding citizens would give the families of any other law-breakers who are separated from their families by jail. After all, it could be argued that those who rob banks and commit fraud and steal identities only want a better life too and they and their families should be as equally entitled to break the law as the illegal immigrants and those who hire, harbor and help them. It's called equal rights!

Secondly, if those people came here "for a better life", then why would they work in deplorable conditions? Why not stay in Mexico or wherever else they came from?

Would they have complained if the government hadn't "raided the place" or would they have continued to work in those "deplorable conditions" because it allowed them a form of "protection from the law"? It would seem to me that they are using Agriprocessors as much as that company is using them! As long as Agriprocessors allows them to work and they ignore the laws, too, then it's mutually beneficial. It's like running numbers or mob actions! In this case, Agriprocessors is acting as a form of coyote or illegal immigrant smuggler by hiring those who have no legal right to work in the USA.

Thirdly, our laws clearly prohibit the hiring, harboring and helping of illegal immigrants. Therefore, Agriprocessors is clearly aiding and abetting foreign nationals which, in my mind, is treason. They should all be tried for treason and aiding and abetting lawbreakers.

In addition they are endangering our food supply by hiring people who have no legal right to work in the USA and who have no allegiance to the USA.

Fourth, because our health inspectors have failed to inspect these plants and have failed to ensure that our food supplies are safe from "deplorable conditions" and "contamination", the government has again failed to protect its citizens from all enemies, foreign and domestic. One has only to review the recent salmonella outbreaks and the e-coli outbreaks and wonder about the kinds of employees who are coming here illegally.(their cleanliness and their hygiene and possibly even their health -- communicable disease etc.) if they are willing to overlook deplorable conditions where our food is being processed It would seem to me that if they really wanted to work and a better life, they would ensure that our food supplies are safe and that they are working in pristenely clean plants. Furthermore, they would do everything in their power to be model citizens instead of promoting these travesties! And, if Mayor Penrod was truly taking care of his town, he would have insured that the plant was operating within the CODE and that the health department was doing proper inspections. If he ignored the laws, then he was also responsible for giving his town the bad reputation! The raids do work!

Therefore, I would state that the working conditions are the result of the failure of the people employed to obey the law, the failure of the employers to obey the law and the failure of the government to enforce the laws and protect the people of the USA from contaminated food and from all enemies, foreign and domestic.

I believe Congressmen Gutierrez, Sires, and Baca have their loyalties and their priorities screwed up. They are supposed to be upholding the laws of the land and they took an oath of office to uphold the Constitution of the USA. In my opinion, they are doing none of the above. Instead they are protecting lawbreakers and foreign nationals and their families while screwing over the U.S. Citizens! I believe all of these congressmen, especially Gutierrez, should be impeached and then tried for treason. I also believe we, the law-abiding citizens of the USA, should sue the government for failure to enforce the laws, collecting taxes and income under false pretenses, fraud, whatever else is appropriate. None of those congressmen should be collecting salaries when they are giving allegiance to foreign nationals and another government instead of upholding their oaths of office!

I will include Senator Dick Durbin and Mayor Richard J. Daley in this group along with Governor Rod Blagojevich who appears to care more about the illegal immigrant groups and their supporters than the welfare of the law-abiding citizens of the USA.

M. Hearn,
% Citizens Protecting Your Rights
P.O. Box 2413
Aurora, Il. 60507-2413
cpyrusa1@yahoo.com

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This page contains a single entry from the blog posted on May 22, 2008 10:50 PM.

The previous post in this blog was Postville Aftermath: Governor's Office Outlines Response, Calls for Immigration Reform.

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