web analytics
April 24, 2014 / 24 Nisan, 5774
At a Glance
InDepth
Sponsored Post
Spa 1.2 Combining Modern Living in Traditional Jerusalem

A unique and prestigious residential project in now being built in Mekor Haim Street in Jerusalem.



Home » InDepth » Op-Eds »

One Standard Of Justice?


Share Button

A front-page story in The New York Timesof July 10 reported that federal immigration authorities in the Obama administration have adopted a “new strategy” to replace the military-style raids that were conducted in the Bush years to find and arrest illegal aliens.

One such raid, carried out in May 2008, destroyed Agriprocessors, the country’s largest kosher meat-packing plant, and resulted in criminal charges that culminated in a 27-year sentence for Sholom Rubashkin, the principal manager of the Postville, Iowa, plant. The Rubashkin raid netted 389 Hispanics who had gotten their jobs with false documentation. They were arrested, quickly prosecuted, and then deported.

According to the Times, the “quieter enforcement strategy” is to have federal agents “scour companies’ records for illegal immigrant workers” and then tell the employers to fire those who are not properly documented. Three days before the 2008 Agriprocessors raid, a lawyer hired by Rubashkin asked in writing that the local prosecutors and immigration authorities do precisely what is now the “new strategy.” The request was immediately rejected, and the rejection was even acknowledged by a local immigration official in testimony during Rubashkin’s recent federal trial.

Apart from not being raided, have the employers of illegal aliens been treated by federal law-enforcement authorities differently from how Rubashkin was treated? The Times reports that a family-owned fruit-grower company in the State of Washington named Gebbers Farms was found in December 2009 to be employing more than 500 illegal Mexican aliens. Gebbers fired these employees just before Christmas.

Advertisement The federal prosecutors filed criminal charges against Sholom Rubashkin for allegedly knowingly harboring aliens. In the seven months since the Gebbers “audit,” no criminal charges have been filed against any member of the Gebbers family.

The federal prosecutors promptly added to the immigration charges they filed against Rubashkin the claim that he committed bank fraud because the loan agreement he signed with the bank that advanced a line of credit to Agriprocessors represented that he was “in compliance with the law.”

The prosecutors alleged that since he knew that illegal aliens were employed, this representation amounted to bank fraud. (As a result, the prosecutors were permitted to introduce evidence of immigration violations in a trial that was supposed to be limited to bank fraud charges.)

If the United States Attorney for Washington treats the Gebbers the same way Rubashkin was treated, one or more members of the Gebbers family should be arrested and charged not only with immigration violations but, if the Gebbers had any bank loan, with bank fraud as well. The representation that the borrowing company is complying with the law is standard “boilerplate” language in bank-loan documents. The Gebbers’ loan papers should be scrutinized to see if they contain a similar representation.

And, of course, if the Gebbers are treated on a par with Rubashkin, one or more members of the family should be released before trial on any criminal charges that may be filed only if they post a one-million-dollar bond and have their freedom to travel limited by an electronic ankle bracelet. If they plead guilty or a jury returns a guilty verdict, they should be immediately imprisoned, as Rubashkin was.

Any potential federal indictments against the Gebbers should, like Rubashkin’s, allege that a separate federal crime was committed with each illegal alien and with each draw on a line of credit. If the Gebbers are treated as Rubashkin was treated, their indictment will easily exceed the 163 counts in Rubashkin’s indictment.

If a member of the Gebbers family is found guilty of the federal charges, will the federal prosecutor for Washington demand that he or she receive a 25-year prison sentence? Will the sentencing judge add several years to the prosecutor’s recommendation, as Judge Linda Reade of the federal court in Iowa did in Rubashkin’s case?

Other recent illegal-immigration cases, some described in the Timesarticle, are worth comparing with Rubashkin’s. Several restaurant owners who paid their employees in cash and requested little or no documentation of legal status have recently pleaded guilty. George Anagnostou, the owner of two restaurants in Maryland, made a considerable profit from his restaurants, enabling him to purchase two cars, a Harley-Davidson motorcycle, and two homes. His illegal-alien employees were paid in cash and many worked up to 80 hours a week.

Share Button

About the Author: Nathan Lewin is a Washington, D.C. lawyer who has argued numerous cases in the U.S. Supreme Court and teaches a seminar in Supreme Court litigation at Columbia Law School.


If you don't see your comment after publishing it, refresh the page.

Our comments section is intended for meaningful responses and debates in a civilized manner. We ask that you respect the fact that we are a religious Jewish website and avoid inappropriate language at all cost.

No Responses to “One Standard Of Justice?”

Comments are closed.

SocialTwist Tell-a-Friend

Current Top Story
Border Police take charge of  Yitzhar's Od Yosef Chai Yeshiva while students are on vacation.
Brave Israel Police Stand Guard at Empty Yeshiva to Stop Violence
Latest Indepth Stories

NIF support for BDS groups, writes Black, also included acting as a “go between for other donors….

Brandeis, which had to have known about her record of criticism of Islam, pulled the honor after pressure from a Muslim advocacy group and a number of faculty members and students.

Wherever I was invited around the world, I always met with people and let them know that I wanted to hear great stories.

R. Hadaya strongly argues in favor of establishing a festive day in commemoration of the establishment of the state of Israel.

The Palestinian Authority has jailed more than 350 Arabs for “security” reasons in just 2014.

Since Torah is the great equalizer, the great reconciler of divergent but valid opinions, this is also the place where common ground is reached.

Some American Jews feel their community has been hijacked from within by groups waging war against Israel seemingly in the name of the Jewish people.

Jerusalem only seems important in the Islamic world when non-Muslims control or capture the city.

Jordan’s king is adding fuel to the fire on the Temple Mount, blaming Israel for violence by Muslim Arab rioters.

At Brandeis, much of what counts as Western civilization got cold feet and won’t stand with Hirsi Ali.

But the lesson from this meditation is that hidden behind the anti-semitic act is the greatest light.

As support of their messianic dream, Halevi and Antepli approve dishonoring Hirsi Ali as a ‘renegade.’

If itis a mitzva to eat matza all Pesach, then why is there no berakha attached to it?

When we are united with unconditional love, no stone will be raised against us by our enemies.

More Articles from Nathan Lewin
Pesach matza cover

Federal and local laws protect your right to workplace accommodations for your religious observance.

pope

The inauguration of an American president has, since 1937, always begun with an invocation by a clergyman

The late Israeli Supreme Court judge Menachem Elon, was a pioneer of Jewish and Israeli law.

On Tuesday, February 28, it was widely reported that the basketball team of Houston’s Robert M. Beren Academy had “forfeited” its place in the semi-finals of the tournament conducted by the Texas Association of Private and Parochial Schools (TAPPS) because it would not play on Friday night and Saturday. But a headline in Friday’s New York Times read: “In Reversal, a Jewish School Gets to Play.”

On August 9, 2001, Ahlam Tamimi, a member of Hamas, drove a suicide bomber to the Sbarro restaurant in the heart of Jerusalem, where the bomber blew himself up, killing 15 people including Judy Greenbaum, an American citizen from New Jersey.

Editor’s Note: On July 30, the firm of Lewin & Lewin, LLP, filed in the Supreme Court its brief in Zivotofsky v. Clinton, No. 10-699, on which the Supreme Court will hear oral argument in early November. The constitutional issue in the case is whether Congress had the authority to enact a law in 2002 that directs the Secretary of State to permit U.S. citizens born in Jerusalem to record their place of birth in their passports as “Israel.” Because the State Department has consistently refused to recognize any part of Jerusalem as being in Israel, the government has refused to implement the 2002 law, claiming it violates the President’s constitutional authority to “recognize foreign sovereigns.” This is the Introduction to the Zivotofsky brief written by Nathan Lewin, followed by a Summary of Argument.

Congress has never seen a better friend of the observant Jewish community than Stephen Solarz, who died of esophageal cancer on the 22nd of Kislev. Yonoson Rosenblum’s recently published biography of Rabbi Moshe Sherer describes Solarz as an “invaluable ally” for many Agudath Israel projects and there are 20 references to Solarz in the book’s index.

A front-page story in The New York Timesof July 10 reported that federal immigration authorities in the Obama administration have adopted a “new strategy” to replace the military-style raids that were conducted in the Bush years to find and arrest illegal aliens.

    Latest Poll

    Now that Kerry's "Peace Talks" are apparently over, are you...?







    View Results

    Loading ... Loading ...

Printed from: http://www.jewishpress.com/indepth/opinions/one-standard-of-justice/2010/07/21/

Scan this QR code to visit this page online: