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Case Name Swift & Company v. Immigration and Customs Enforcement IM-TX-0020
Docket / Court 2:06-cv-00314 ( N.D. Tex. )
State/Territory Texas
Case Type(s) Immigration
Case Summary
This lawsuit is one of several cases concerning immigration raids conducted by federal authorities at Swift meat packing plants throughout the country. [See Valenzuela v. Swift Beef Company, Inc. IM-TX-19; United Food and Commercial Workers Int'l Union v. Chertoff, IM-TX-23; Yarrito v. Meyers, IM- ... read more >
This lawsuit is one of several cases concerning immigration raids conducted by federal authorities at Swift meat packing plants throughout the country. [See Valenzuela v. Swift Beef Company, Inc. IM-TX-19; United Food and Commercial Workers Int'l Union v. Chertoff, IM-TX-23; Yarrito v. Meyers, IM-CO-8].

Beginning in 2006, federal immigration officials with the Immigration and Customs Enforcement (ICE) division of the Department of Homeland Security commenced an investigation into the hiring practices at Swift and its suspected retention of undocumented aliens. As part of the investigation, ICE issued administrative subpoenas to Swift of employee I-9 files and associated records. In November 2006, ICE advised Swift that it intended to shut down, with or without Swift's cooperation, 6 of Swift's plants on December 4, 2006, so that officials could interview all Swift employees and detain and remove suspected undocumented workers.

In an effort to prevent the shutdown, Swift & Co. filed a complaint U.S. District Court Northern District of Texas on November 28, 2006, seeking an injunction. Swift alleged that the proposed shutdown and mass removal of suspected undocumented workers "would have a direct impact on many legal workers, as well as suspected illegal workers, and would irreparably harm Swift by interfering with its legal business operations and by damaging its reputation." Swift alleged violations of Illegal Immigration Reform and Immigrant Responsibility Act of 1996 ("IIRIRA") and due process. Swift moved for a preliminary injunction.

A closed hearing was held on December 6, 2006. On December 7, 2006, the District Court (Judge Mary Lou Robinson) denied Swift's request for a the preliminary injunction. On December 12, 2006, ICE officials raided 6 of the Swift plants and detained some 20,000 workers. Two days later, the parties filed a stipulation for dismissal without, which stated that Swift no longer wished to prosecute its claims. Each party agreed to bear their own costs.

Dan Dalton - 10/23/2007


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Issues and Causes of Action
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Issues
Immigration
Employer sanctions
Employment
ICE/DHS/INS raid
Undocumented immigrants - rights and duties
Plaintiff Type
Private Plaintiff
Causes of Action Immigration and Nationality Act (INA), 8 U.S.C. ยงยง 1101 et seq.
Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (IIRIRA)
Declaratory Judgment Act, 28 U.S.C. § 2201
Defendant(s) Department of Homeland Security
Immigration and Customs Enforcement (ICE)
Plaintiff Description Swift & Company, owner of several meat packing plants throughout the country
Indexed Lawyer Organizations None on record
Class action status sought No
Class action status granted No
Prevailing Party Defendant
Public Int. Lawyer No
Nature of Relief None
Source of Relief None
Form of Settlement Voluntary Dismissal
Order Duration not on record
Case Closing Year 2007
Case Ongoing No
Case Listing IM-TX-0019 : Valenzuela v. Swift Beef Company, Inc. (N.D. Tex.)
IM-TX-0023 : United Food and Commercial Workers International Union v. Chertoff (N.D. Tex.)
IM-CO-0008 : Yarrito v. Meyers (D. Colo.)
Additional Resources
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Case Studies Threats to the Future of the Immigration Class Action
Washington University Journal of Law and Policy
By: Jill E. Family (Widener University School of Law)
Citation: 27 Wash. U. J.L. & Pol'y 71 (2008)
[ Detail ] [ External Link ]

Docket(s)
2:06-cv-00314 (N.D. Tex.) 01/10/2007
IM-TX-0020-9000.pdf | Detail
PACER [Public Access to Court Electronic Records]
General Documents
Complaint for Declaratory and Injunctive Relief 11/28/2006
IM-TX-0020-0001.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Defendants' Memorandum in Opposition to Plaintiff's Motion for a Preliminary Injunction 12/04/2006
IM-TX-0020-0003.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Appendix to Defendants' Memorandum Opposition to Plaintiff's Motion for a Preliminary Injunction 12/04/2006
IM-TX-0020-0004.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Order 12/07/2006 (N.D. Tex.)
IM-TX-0020-0002.pdf | Detail
Stipulation of Dismissal 12/14/2006 (N.D. Tex.)
IM-TX-0020-0005.pdf | Detail
Judges Robinson, Mary Lou (N.D. Tex.)
IM-TX-0020-0002 | IM-TX-0020-9000
Monitors/Masters None on record
Plaintiff's Lawyers Buxton, C. Michael (District of Columbia)
IM-TX-0020-0001 | IM-TX-0020-0005 | IM-TX-0020-9000
Isern, Kevin A. (Texas)
IM-TX-0020-0001 | IM-TX-0020-0005 | IM-TX-0020-9000
Lawler, William E. III (District of Columbia)
IM-TX-0020-0001 | IM-TX-0020-0005 | IM-TX-0020-9000
Defendant's Lawyers Bryant, D. Gordon Jr. (Texas)
IM-TX-0020-0003 | IM-TX-0020-0004 | IM-TX-0020-0005 | IM-TX-0020-9000
Cohn, Jonathan F. (District of Columbia)
IM-TX-0020-0003
Keisler, Peter D. (District of Columbia)
IM-TX-0020-0003
Kline, David J. (District of Columbia)
IM-TX-0020-0003 | IM-TX-0020-9000
Roper, Richard B. III (Texas)
IM-TX-0020-0003
Stevens, Elizabeth Jones (District of Columbia)
IM-TX-0020-0003 | IM-TX-0020-0005 | IM-TX-0020-9000
Other Lawyers McLaughlin, Jerry Dan (Texas)
IM-TX-0020-9000
Russ, Philip R. (Texas)
IM-TX-0020-9000

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