Postville, Iowa Raid
Charges and Defenses in Immigration Raids
Additional Resources
Undocumented workers apprehended during workplace raids are typically charged with identity theft under 18 U.S.C. § 1028A, using a false social security number in violation of 42 U.S.C. § 408(a)(7)(B), using other false employment documents in violation of 18 U.S.C. § 1546(a), and, on some occasions, illegal entry into the United States under 8 U.S.C. § 1325 or 8 U.S.C. § 1326.
The Postville prosecutions were fast-tracked under unprecedented conditions. The government distributed a pre-packaged "manual" to the defense lawyers who were appointed to represent the workers, instructing them on how to expedite their clients' cases. Meanwhile, the district court assembled "checklists" and forms for initial appearances, change of pleas, and sentencing hearings in advance of the raid.
The prosecution imposed a seven-day deadline within which to accept a plea or face conviction on the more serious offense of aggravated identity theft, which carries a mandatory minimum sentence of two years imprisonment. In addition, the prosecution conditioned these pleas on the defendants' waiver of all rights and protections under immigration laws. A typical Postville plea agreement can be found here.
- Defending Criminal Prosecutions: Elements and Legal Landscape of Criminal Offenses Charged Against Non-Citizen Criminal Defendants
by Anton A. Ware and Mimi Yang, Morrison Foerster LLP. - Immigration and Alien-Related Offenses
(This page on fd.org contains resources on defending such illegal entry cases, including sentencing guideline application issues.) - Identity Theft
by Martin Richey, Assistant Federal Public Defender, D. MA
(an overview and analysis of the identity theft statutes and applicable sentencing guidelines, highlighting open issues regarding the elements of the offenses and potential defenses) - Flores-Figueroa v. United States, 129 S.Ct. 1886 (2009)
(Seminal case examining knowledge element of identity theft offense under 18 U.S.C. § 1028A)
- AILA Information on Workplace Raids
(web page compiling information on ICE workplace enforcement)
- Immigration Consequences of Conviction
(This page on fd.org contains numerous articles on the types of convictions that can adversely impact a non-citizen's immigration status, interview checklists to assist in determining a client's immigration status, articles on defenses to removal and pre-trial detention of the non-citizen client, and analyses of counsel's obligations under Padilla v. Kentucky.)