Federal Judge Kinda Likes ICE, Kinda Doesn't In Ruling Over Fullerton Factory Raid

osfel-andrade_150.jpg
Osfel Andrade
In an October 25 ruling, a federal judge decided that Immigration Customs Enforcement (ICE) conducted a reasonable records search in response to a complaint filed by the American Civil Liberties Union (ACLU). The case follows a June 2010 ICE raid on Terra Universal factory in Fullerton where 43 undocumented workers were arrested.

The ACLU of Southern California soonafter filed a class action against the company on the grounds of violating state and federal labor laws. Months later, Osfel Andrade, a plaintiff in the suit, was arrested at his Anaheim home by ICE prompting the civil liberties organization to have "deep concerns" over its apparent retaliatory nature.

The ACLU then filed a complaint with ICE and the Department of Homeland Security (DHS) after a Freedom of Information Act request seeking records relating to Andrade and  ICE's work-site immigration enforcement policies were initially unmet.

The agency relented and produced 2,126 pages in total in June of this year. The ACLU claimed that DHS should have searched and released records of its Office of Inspector General. On that issue, U.S. District Judge Otis D. Wright II disagreed.

On other matters, however, the tone of the decision was much more critical. "It remains unclear whether or not all of ICE's redactions are justified," Wright wrote. "In short, review of the record raises "substantial doubt" as to the adequacy of the search, particularly in view of positive indications of overlooked materials."

As for records concerning Andrade, the judge particularly agreed with the ACLU that ICE used incomplete and inconsistent search terms instead of other variations that could have yielded better results.

In the end, Judge Wright held that an agency producing documents in response to a FOIA request need not conduct a perfect search, only a reasonable one.

Despite questionable redactions, substantial doubt and the possibility of withheld records, ICE, in his view, was reasonably insufficient! Yeah...

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4 comments
MItchell_Young
MItchell_Young

What total bullshit.

 

The reason that companies can get away with 'workplace violations' is the ever present flow of  workers from South of the Border. And its follow on effects In trying to protect illegals the so-called 'American' Civil Liberties Union is actually working against any sort of labor law protections.

ageofknowledge
ageofknowledge

The Center For Immigration Studies (CIS) report titled 'Who Got Jobs During the Obama Presidency? Native and Immigrant Employment Growth, 2009 to 2012' reveal that, "since President Obama took office, 67 percent of employment growth has gone to immigrants (legal and illegal). This president, like those before him, has chosen not to reduce immigration despite the worst job market since the Great Depression."

 

U.S. citizens just get the left-overs now.

ageofknowledge
ageofknowledge

 @MItchell_Young Not only are you right, but you are just brushing the very tip of the iceberg. The problems these illegals have wrought have literally brought a once Golden State to it's very knees.

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