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Nicolette Glazer Profile picture
@NicoletteGlazer
Aug 18, 2019 • 49 tweets • 11 min read • Read on X
Over 40 workers arrested during 7 August 2019 Mississippi #ICERaids have now been charged in federal court for being in the country illegally but NO company, or corporate officer, director, manager, owner has been charged so far.
***
Wow! the details ...
usatoday.com/story/news/nat…
1/ As you may remember this was the largest single state #ICERaid ever conducted (and one of the biggest one in the last 5 years or so) which resulted in 638 noncitizens arrested at 7 food processing plants in MS. About 300 remain in ICE custody in Jena LA & in MS.
2/ The whole thing apparently started this last Feb with a pretty common occurrence: an informant who had previously provided "reliable info to LEA" told ICE officer that almost all the work force at P H Food was "illegal". What happened is anything but ordinary or common ...
3/ confidential informant (CI) apparently went to ICE to report on 2 specific individual employees of P H Food (MX nationals) whom he reported as "being illegally" in the country & employed at P H Food using false names (at least dis what the search warrant affidavit attributes)
4/ ICE of course ran checks on the two & determined that that they had previously been deported, reentered and (at least one of them) assumed the identity of an United States Citizen.
5/ NOTE: I will not identify anyone by name & will not post link to warrant coz in their infinite wisdom ICE identified USC & ppl who may be victims of identity theft by name, DOB, & almost full address. NOT Appropriate, boys!

So, I will quote from court doc w/ no identifiers.
6/ This is the first think that blew my mind!

In warrant HSI ofcr recounts the following about the United States citizen whose identity had been appropriated: He "was issued a US Passport Card on July 1, 2010" meaning after that date EVERYONE in ICE CBP, etc. knew he was USC
7/ But wait for it! ... "this same US citizen "was ARRESTED on October 13, 2012 & February 26, 2013 by the ICE office of investigations in El Paso, TX. At the time of [EACH of] these arrests, ICE agents determined that [he] was a US Citizen"

Pause for a minute!
8/ ICE HSI -- not CBP-- continued to arrest (not just stop, detain) a United States citizen near the border with full knowledge that he was an American citizen. Sounds familiar? Well, it should!

But, what business does ICE "arresting" US citizen? NONE
9/ Now the arrest warrant states that after each arrest this American citizen was photographed (& fingerprinted, the whole enchilada) and his "photos from these encounters (the ICE arrests!!!) were also found in ICE databases." Uhuh!

now me thinking they are going after this guy
10/ ... for either conspiracy, harboring or transportation or something bc they go one about him and name him in at least two paragraph. But the admission -- as a matter of fact-- is just damn chilling! Stalin has nothing on ICE, I/m telling ya!
11/ But back to the #ICERaids. The 'investigative' techniques described by ICE are to same extent 'nothing new here, next' and some are just WOW! (honestly some of the things described I have never heard of ...
12/ the 1st person they nabbed (the one on which the CI spilled the beans) was by making a pretextual traffic stop in front of the plant when the car was not even driven by the subject. They had photos and knew it but basically pulled the dude & when he could not produce proof...
13/ ... of insurance!!! they made him call the subject so that he could come out of the plant and arrested him. Sounds like he was deported after that.
14/ Now the way the search warrant reads connecting the dots and putting together this behemoth of a #ICERaid did not happen until May '19 ( not buying it but) It went something like this ...
15/ ICE goes after 2nd person reported by confidential informant in Feb & arresting him in April. In his possessions they find paycheck from P H Foods. 🙀 Then in May ERO get called to pick up a MX citzn arrested by local police for DUI & during processing he tells them ...
16/ ... "I have worked for P H Food for last 5 yrs using the name of XX based on a Cal ID bought for $150" ... only then ICE goes 🙀🙀 P H Food is employing ppl in violation of IRCA!!! Do they arrest owner! Of course no.
17/ What they do instead is, they pull the quarterly wages reports submitted for the arrested Mex citizen using the fake Cal ID number and find out that another company J J Enterprises is claiming him as an employee under the name of USC. (I promise I will connect the cucumbers)
18 (I have to admit by that time in reading the warrant I had the visual of two ICE officers burred deep in the basement of ERO in Jackson MS who were serving some desk time for unspecified minor work related infraction and were really working it to score brownie points w brass)
19/ So, ICE calls in their old friend the Confidential Informant back to office to pick his brain about P H Food. And only at that 2nd interview (remember the 1st one was coz he had a beef to settle w two dudes, ERO took care of them for him) CI is allegedly telling ERO ...
20/ ... that P H Food employs 240 and he just happens to suspect that exactly 224 of them are "suspected illegal workers" and then goes in details about who owns, runs company and how. He tells them that ppl use their real names w fake SSNs. He also connect another plant owned.
21/ So it is pretty obvious that the CI is a insider, perhaps a manager or a former manager, who has a score to settle with owner and a female secretary who allegedly does the i9 forms and retains them in her computer. At this point my 'there is something hinky-meter' is on 🔥
22/ So ERO has P H Food, they have A B Food, they have J J Entrprises (which is also registered an operates in MS as J J pountry) and finds out that J J Enterprises is also operating as a payroll company for these food processing plants.
23/ Basically food processing plants, according to search warrant, know that ppl they are employing are undocumented, know of their legal duties to verify, but farm the verification process to a third party (an unrelated payroll company) so that they have plausible deniability
24/ Well as an aside. This defense is not gonna fly bc IRCA paced obligation to verify employment eligibility on 'employer'. So far, Im not aware of any state of fed court that have found that payroll company or PEO is a 'co-employer' & share statutory duties vs employees.
24/ But that brings us to e-Verify & then some. Ya'll see Mississippi it turns out is a mandatory e-Verify jurisdiction! per MS 71-11-3 all employers in the state are required to use e-Verify. The search warrant documents that targeted companies did not use e-Verify to scores of
25/ ... of workers and ran e-verify for ppl using false identity, and knowingly did not input A-numbers in e-verify where they knew that their workers were in immigration proceedings. You would think w/ this ERO will be running to district court to file indictments. Nah-Nah!
26/ U.S. Attorney Mike Hurst in an interview, tells reporters that HSI is "investigating" and will soon be presenting their findings & (evidence from May) soon to AUSA ... but they rushed to arrest 700 ppl/ charged 40! clarionledger.com/videos/news/po… via @clarionledger
27/ Fair warning! From now on this thread may get a bit difficult to process without your blood boiling so, not for the faint in heart or ppl w/out conscience.
***
(if you are getting off. thank you for stopping by. If you want to continue: hold your collective noses ...)
28/ Did you know what Miss Statutory Code section 71-11-3 says? Well let me walk you through (I did not know either!)

... deep breath! Here we go!
29/ Employers in Mississippi "shall only hire employees who are legal citizens of the United States of America or are legal aliens."

What the f"ck is "**legal** citizen of the USA"?!?

Earth to Mississippi: there is no such a thing as "illegal US citizen"!
30/ same state statute contains the following criminal provision:
"It shall be a felony for any person to accept or perform employment for compensation knowing or in reckless disregard that the person is an unauthorized alien ..." w penalty of fine & jail of 1 to 5 years.
31/ I am not a Miss attorney but reading this provision it appears that it penalizes both working while undocumented and employing undocumented noncitizens. This is a clearly improper attempt to preempt INA and IRCA! Federal law does not criminalize working without EAD!
32/ Federal law imposes fines and criminal penalties on employers not on the undocumented workers. An empty pronouncement by sec. 71-11-3(b)(ii) that "his section shall not be construed as an attempt to preempt federal law" is simply not enough!
33/ In Chamb of Comrc v Whiting SCOTUS sided w Arizona helding that a state can impose mandat e-verify req & that state licensing laws are not expressly preempted by 1324a(h)(2) which prohibited states from imposing civil or crim sanctions on those who employed unauthoriz workers
34/ Here, there is a possibility that after the non-citizens are prosecuted by the Fed Govt they can still face state felony charges and possible 1 to 5 years under section 71-11-3 for accepting work while knowing they are not emloyment eligible. But this is not all. Oh No!
35/ There is a kicker: those charged working w/out EAD are subject to "a rebuttable presumption that a defendant who has entered and remains in the United States unlawfully is deemed at risk of flight for purposes of bail determination"! Meaning no bail! WTF!
36/ hey #immigrationtwitter, would conviction for 71-11-3 be an aggravated felony? could it be construed as a theft or fraud?
37/ But back to the #ICERaids and the search warrant ...
There is one aspect of the facts in the search warrant that is just bone chilling if you're an immigration atty ... and it has to do w ICE use of GPS data collected through ISAP.
38/ Just as a background for those not versed w ISAP: ICE routinely places new arrivals who pass credible fear determination or subject to an order of removal on 'Alternatives to Detention (ATD) basically ankle monitoring for ppl over 18.
39/ ADP operates under the Intensive Supervision Appearance Program (ISAP) which is ran by a private company BI Inc. Basically ppl are tracked & supervised via a combination of home & office visits, tel reporting, alert response, court tracking, and GPS technology.
40/ ERO determines frequency of home visits, types of technology, telephonic, GPS or SmartLink, court and alert management. BI Inc. provides the technology and the non-citizen pays a monthly fee. It is used w varying frequency based on field office.
41/ GPS monitoring under ISAP requires no less 3 satellites to locate an ankle unit. When a participant is within range of more than 3 satellites a GPS unit give more accurate data regarding the participant's location, which the ADP officer can track via their smart phone. Scary?
42/ This one is not from a SCI-FI it is from a court filed search warrant: READ!
"SmartLink enables ATD offcers and case specialists [to] verify a participant's [asylum seeker w/ ankle monitor] identity, determine their location, and quickly collect status change information."
43/ So after ERO zoomed in onto P H Food they used GPS data collected on ADP participants in the Jackson filed office and big tech identified all 13 workers that worked there and the 18 workers who were still working there in mid July 2019 ... and went after them.
44/ Then it appears that they tracked the daily activities of all ADP participants to locate their place of employment; sifted the ones without EADs and zoomed on the 7 plants raided on 7 August 2019 as they had recurring undocumented workers.
45/ According to DHS since 2002 they have recorded about "350 encounters or arrests" of undocumented immigrants around the country who acknowledged working for either Koch Food or Peco Foods plants in Mississippi.
46/ So if anyone is keeping score: No company or corporate honcho has been charged. But 40 undocumented workers have been accused and will face criminal charges for either illegally reentering or failing to depart the U.S. This is just the first wave.
***
This America in 2019!
47. Thank you @mle_goldman for this

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More from @NicoletteGlazer

Nicolette Glazer Profile picture
Nov 6
America has handed Trump a dark mandate on immigration; there is no way to escape the conclusion.

If you are a non-citizen without a green card in hand and are still thinking there are sunny days ahead, well, think again!

Buckle up, it will be a depressing 🧵
I'll try to cover 3 things the way I see it:

A. the real-life immediate impact to admissions, adjudications, and removal proceedings that will start to trickle down on day one of Trump 2.0

B. the likely long-term efforts to bring to life his campaign promises

C. what undocumented people, and especially mixed status families and people in removal proceedings, could do to protect their rights under the INA (for as long as they are on the books)

Nothing in this thread is intended or constitutes legal advice. These are my musings and way to blow off steam this morning.
A.1 I expect that immigration will be a big thing with the "day ONE" crowd and narrative over the next few months and in reality. Here is my list of what I expect Trump and Stephen Miller will do through executive orders and proclamations immediately:

* Trump will issue a 'to-do' executive order to all immigration agencies to review, revisit, and adjust all internal rules, practices, manuals, and regulations to fit their priorities which will be (1) halt immigrant visa processing; (2) halt grant of asylum and parole grants; (3) tighten adjudication standards for all applications for relief; (4) suspend all entries for a period of time (travel bans); (5) set removal priorities.

* Trump will cancel and terminate all of Biden's "legal pathways", including CHNV, CBPOne, POE daily entries.
Read 33 tweets
Nicolette Glazer Profile picture
Oct 15
UPDATE on the #PIP (keeping families together parole program): Judge is doing his own research (or his clerk is doing a global search for "parole" in statutory text, I should say) and just issued an order inviting the parties to address "the effect" of 6 U.S.C. § 202(4)’s reference to parole as a “form[] of permission . . . to enter the United States”....

storage.courtlistener.com/recap/gov.usco…
This is noteworthy for two reasons:
1. the parties have not yet filed their dispositive papers & arguments (due Friday the 18th) .... But considering the short schedule he set, not surprising he is trying to educate himself on the matter.
2. depending on what he focuses on in this text, it may be an indication of where he is going. On one hand, this is an unambiguous grant of gap-filling authority to DHS Sec to promulgate rules and regulations regarding parole. But what he more likely will focus on is that it refers to and bundles parole with visas & and other permissions "to enter". Remember, TX is arguing that nothing in INA allows parole in place i.e. for ppl who are already here and have effected an "entry".
As i said before, the decision will be all about the text of 212(d)(5) and 245(a), thus an exercise of textualism at its worst.
Read 4 tweets
Nicolette Glazer Profile picture
Sep 25
Not that it is a surprise but we have the first (that I know) **official** statement from Trump that he will revoke the paroles granted under the various Biden Admin parole initiatives, including CBPOne & CHNV, and the standard 212d5 granted by CBP mostly in 2021 and early 2022. ⬇️

That could be a trully "day-one" stroke of the pen executive action and there will be no recourse for it. None!
The only ones that could possibly be challenged in court would be the U4U and Afghan parole programs as these two have statutory authorisations or sorta.
The termination of a 212d5 parole is entirely at the unfettered discretion of DHS and returns the person in the status the grantee had prior to the grant of parole and is subject to be taken into custody.

For all the CBPOne and CHNV parolees that prior status is "applicant for admission" and because of the entry fiction, the person is considered to still be at the border despite their physical presence in the US and with that goes out judicial review and 5th amendment protections per Thuraissigiam.
Read 7 tweets
Nicolette Glazer Profile picture
Sep 12
NEW DEVELOPMENTS in the #PIP (keeping families together parole program) litigation.

Soooo, that excitement that we will have an initial decision soon (18 September merits hearing), well forget about it. 18 September 2024 hearing is vacated.

Why you ask?

well, you see the intervenors filed an appeal after their motion was denied and asked for a quick decision before the 18th. 5th Cir said "not so fast".

1. 5th Cir "expedited" the appeal all right but will not hear the orals until October 10th.
2. Ergo, they stayed the district court proceedings but
3. also kept the admin stay against the PIP in place.

Link to 5th order/decision: storage.courtlistener.com/recap/gov.usco…
So what does it mean for #PIP hopeful?

It means that we are not likely to get a decision on whether PIP is able to proceed at all until after the new admin takes office.

Lemme explain.

If 5th is going to hear arguments on the 10th of October -- even if they rush the decision mandate will not be issued until probably the end of November at the earliest. Until then district court can do diddly. So until mandate nothing is done and PIP paroles cannot be granted.

Even if intervenors win, it only means that they should be allowed to participate. Ergo, district court will have to set a new briefing schedule regardless of the outcome which will place us in holidays season at best. And that is if the losing party does not appeal to SCOTUS.
Even if district court keeps with the warp speed and get this to decision before everyone goes on vacay -- he is very unlikely to issue a judgment until mid Jan (with the proposed judgment process objections etc).

Thus, even if he finds that Texas has no standing and that #PIP can remains on the books, we are not likely to get this until probably days before the inauguration.

Then he will likely stays execution of judgment until Texas appeals.
Read 7 tweets
Nicolette Glazer Profile picture
Aug 23
🚨 BREAKING: Texas and 15 other GOP states filed a complaint in ED of Texas seeking to halt the #PIP (Keeping Families Together Parole in Place Program.

Here is the courtlistener.com/docket/6907441…
The Plaintiff states are:

State of Texas;
State of Idaho;
State of Alabama;
State of Arkansas;
State of Florida;
State of Georgia
State of Iowa;
State of Kansas;
State of Louisiana;
State of Missouri;
State of North Dakota;
State of Ohio;
State of South Carolina;
State of South Dakota;
State of Tennessee;
State of Wyoming,
Until and unless the Court issues either a TRO or a Preliminary Injunction, the program will remain operational!!! PPl can continue to file, and USCIS has the authority to adjudicate, and they better get their a*ses in gear and process as many applications by Monday.
Read 11 tweets
Nicolette Glazer Profile picture
Jun 15
My first experience with Biden's new Asylum Ban and if this is anything par for the course, this is beyond Kafquesque and deliberately punitive to bona fide asylum applicants as we expected but so much worse. A thread ...
Disclosure: This is not my case, and I got involved in helping a colleague who has now done the impossible. A a true rock star guerilla immigration lawyer.
I have permission to report some of the backstory but will keep all facts out for obvious reasons.
This nightmare involves a non-Western Hemisphere family with kids who crossed with a smuggler and with a group and waited for BP to come and process them. According to mom, BP came and divided the large group of ppl waiting there into subgroups. Mother + kids were separated from the husband and left there to wait for hours in the sweltering heat. According to her, she was there with a pregnant woman and a woman with a toddler who was crying unconsolable because her baby was exhausted and hungry.
Read 11 tweets

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