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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