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Home Front: Culture Wars
Idaho officials weigh RICO lawsuit over illegal workers
2005-04-12
Canyon County commissioners are considering whether they can use a federal law designed to target organized crime to sue local businesses that hire illegal immigrants.
The commissioners, led by Robert Vasquez, agreed Friday to pay a Chicago lawyer $2,500 to look into the feasibility of a lawsuit based on that law.
"I know that there are companies hiring illegal aliens because they make applications for welfare and tell us where they are working," Vasquez said. By going after companies under the federal Racketeer Influenced and Corrupt Organizations Act, known as RICO, Vasquez hopes he can force companies to cover the county's costs for things such as indigent medical care.
"The cost has to be measured against the outlay of tax dollars in all capacities. By that, I mean the county is currently expending $900,000 a year for illegal aliens in our county jail alone," Vasquez said. "Ultimately a lawsuit could be a moneysaving move. If nothing else, it certainly enforces the law of the land, which I am bound by oath to do."
The American-born Vasquez has said he is of Mexican, Spanish and French descent.
Officials with the Idaho Department of Commerce and Labor and the Caldwell Chamber of Commerce refused to comment. Nampa Chamber of Commerce leaders did not immediately return phone calls from The Associated Press. Caldwell and Nampa both lie in Canyon County, which is near Boise.
If Chicago-based lawyer Howard Foster tells the commissioners that a RICO suit would be viable, Vasquez said he would ask other local officials to step in.
"At that point, we will discuss it with the prosecuting attorney's office, include them in the process and proceed accordingly. I will also contact other county commissioners to see if they would be interested in taking part," Vasquez said.
Neither U.S. Attorney Tom Moss nor his spokeswoman, Jean McNeil, was available for comment Friday.
But Stephanie Lounsbury, a Nampa resident and member of the Idaho Community Action Network, said Vasquez' tactics would not win him many fans.
"Immigration is an American experience and acceptance is an American value," Lounsbury said. "I think that employers know there's a problem and they need real solutions, not an attack. We should work toward comprehensive immigration reform."
Foster said he would likely send a memo to commissioners in the next few weeks with his advice on the feasibility of a RICO Act lawsuit. In the past seven years, Foster has brought five such lawsuits against companies around the nation.
But the pending lawsuits -- against Tyson Foods in Tennessee, against Mohawk Carpets in Georgia, against Zirkle Fruit Co. in Washington -- have all been brought on behalf of employees who claim the use of undocumented workers is lowering wages. Another suit, against IBP, formerly called Iowa Beef Processors, was thrown out in Illinois, and a lawsuit against a Connecticut cleaning company was resolved out of court. Foster said he doesn't know of any RICO Act case that has been filed on behalf of a county or other government agency.
Canyon County's claim may hinge on why illegal immigrants have settled in the area -- whether to work, be with family or for other reasons.
"The county isn't suing regarding wages. They've asked me to write a memo and tell them whether they have standing under RICO to recoup costs the county has incurred for illegal immigrants," Foster said. "There are definitely limits -- the law can only go so far. And the courts around the country have been pretty tough in saying who has standing and who does not."
It's not the first time Vasquez has taken controversial action against illegal immigration. He spearheaded the commission's request earlier this year to have Gov. Dirk Kempthorne declare Canyon County a disaster area in anticipation of an "imminent invasion" of illegal immigrants. Kempthorne turned down that request.
At the time, the commission approved a resolution blaming illegal immigrants for increasing crime, spreading infectious diseases and causing fatal car accidents.
And last year, Vasquez tried to bill the Mexican government $2 million for reimbursement of jail and medical treatment costs he claimed the county provided to Mexican citizens. The effort failed.
Vasquez has formed an exploratory committee to look at a bid for the 1st District congressional seat. The incumbent, Rep. Butch Otter, R-Idaho, in December filed the required papers to begin a campaign for governor.
Posted by:Anonymoose

#9  Mrs Davis, there are plenty of opportunities to come here legally. There's a two year waiting list in Phoenix just to get an interview for a green card.

The ironic thing is the people who are following the rules and doing the paperwork can't get the benefits and other goodies that the illegals are getting.

Case in point: if my husband tries to apply for any kind of government assistance, I have to reimburse the state for it. For the next 10 years, no less, even if we get divorced. (Yeah, I got a real incentive to make sure this is my first and only marriage! ;) ) Meanwhile, he gets the honor of working and paying US taxes so that illegals can get benefits he's not entitled to receive.

I wish someone out there could explain the logic of that to him, because I'm not having much luck when I try.
Posted by: Desert Blondie   2005-04-13 12:15:23 AM  

#8  Mrs. Davis, the principle is the same as standing in line to buy a ticket to enter Disneyworld versus slipping over the wall. The ones who flout the rules and consume the goodies just make things more expensive and less enjoyable for the ones who follow the rules. Illegal immigration (trespassing, breaking and entering, committing fraud, grand theft are all also terms that apply but are seldom used.) The real reason that the rule of law is breaking down in this country is that there is a political party in this country that believes rules and laws are optional.
Posted by: RWV   2005-04-12 10:30:51 PM  

#7  When did it become illegal to immigrate to the US?

Never. But we have procedures for it. The illegals are the ones who think they're better than the rest of us; that laws don't apply to them.
Posted by: Robert Crawford   2005-04-12 12:15:15 PM  

#6  Oh, maybe, when it avoided the approved methods of application and approval for immigration established by the representatives of the elected government. And how does Mexico treat unapproved immigrates?

The Mexican constitution which addresses foreigners as -
"Chapter III
Of Foreigners
Article 33 - Foreigners are those who do not possess the qualities determined in Article 30. They have the right to the guarantees of Chapter I of the first title of this Constitution, but the Executive of the Union has the exclusive right to expel from the national territory, immediately and without necessity of judicial proceedings, all foreigners whose stay it judges inconvenient."
Posted by: Jeamp Ebbereting9442   2005-04-12 12:04:16 PM  

#5  When did it become illegal to immigrate to the US?
Posted by: Mrs. Davis   2005-04-12 10:41:12 AM  

#4  Yes LEGAL immigration is part of what made america great. ILLEGAL aliens..

This is all par for the course. Whenever the subject of illegal immigration comes up with these types, they'll RARELY, if ever, say anything about the fact that the people in question entered the country illegally. It's always immigration is this, immigration is that, blah blah blah, with little to no emphasis on the illegal aspect. What's infuriating is that they'll repeat this pile of crap over and over.
Posted by: Bomb-a-rama   2005-04-12 10:39:31 AM  

#3  "Immigration is an American experience and acceptance is an American value," Lounsbury said. "I think that employers know there’s a problem and they need real solutions, not an attack. We should work toward comprehensive immigration reform."

Standard tactic of these people to confuse the illegal alien issue with legal immigration. Yes LEGAL immigration is part of what made america great. ILLEGAL aliens (I refuse to call the immigrants because they have not earned that desination) are a net-drain on our resoures and are not part of the 'american experience'. 'Comprehensive Immigration Reform' is a keyword for amnesty.

Isn't hiring illegal aliens already against the law? Make a few high-profile arrests.
Posted by: CrazyFool   2005-04-12 9:50:29 AM  

#2  But Stephanie Lounsbury, a Nampa resident and member of the Idaho Community Action Network, said Vasquez’ tactics would not win him many fans.
"Immigration is an American experience and acceptance is an American value,"


Dear Stephanie, Slavery was also once an American experience. We grew out of it, though with some lethal side effects. And it now appears that most Americans are no longer buying your line either on ILLEGAL immigration.
Posted by: Jeamp Ebbereting9442   2005-04-12 9:50:12 AM  

#1  I hope they prevail. Numerous large employers have made elaborate efforts to bring illegals into my state. They consider it their god given right and have no concern whatsoever for the havoc the practice creates in small communities because they don't have to live amidst the problems. Throw the book at the pigs and all who promote and profit from the practice I'd say. Immigrants are great but citizens who systematically bring in illegals to profit should be shut down and prosecuted. Right now they have little to fear and the profit available is great. That dynamic needs to change. Our govenment needs to publically recognize the problem and act immediately to stop it.
Posted by: Tkat   2005-04-12 9:44:37 AM  

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