Glenda Raborn, Chief Counsel
Joseph La Rocca, Senior Attorney
Office of Chief Counsel
U.S. Immigration and Customs Enforcement
1250 Poydras St, Suite 2100
New Orleans, LA, 70113
Re: Prosecutorial Discretion for Reconstructions Workers Arrested in an ICE Raid on Louisiana Home Elevations
Dear Counsel Raborn:
We, the undersigned civil, labor, and human rights organizations, write to urge the New Orleans Immigration and Customs Enforcement (ICE) Office of Chief Counsel to exercise prosecutorial discretion to stop the deportation of day laborers arrested in an ICE workplace raid. See Attached List of Reconstruction Workers.
On the morning of August 29, 2011, reconstruction workers gathered at a known day labor space in Kenner, Louisiana to demand back wages from employer Louisiana Home Elevations (“LHE”). The workers were engaged in a labor dispute over unpaid wages, overtime, and work conditions. Rather than receiving their pay, ICE conducted a violent payday raid—which ensnared residents of the nearby apartment complex and garnered national concern over the civil and labor rights violations arising from the raid.
After arresting the workers, ICE interrogated them about their unpaid wages and labor conditions at LHE, but still placed the workers in deportation proceedings. Over two years later, their employer has been prosecuted with the assistance of workers. However, workers are still collectively owed tens of thousands of dollars by LHE and ICE continues to pursue their deportation.
The Agency’s own guidelines on enforcement compel an exercise of prosecutorial discretion in this instance. These reconstruction workers have been the victims of labor violations by their employer, have no significant criminal record, and have made positive contributions to their communities including engaging in the dangerous work of rebuilding Gulf Coast communities after Hurricane Katrina. Moreover, pursuing the deportation of these workers’ goes against ICE’s own workplace enforcement policy to “step away from the large raids resulting in significant numbers of arrested workers.”
We therefore urge the ICE Chief Counsel Office in New Orleans to exercise prosecutorial discretion to stop the deportation of these reconstruction workers so that they can continue to contribute to the communities they have helped rebuild.
Thank you.
cc: George “Trey” Lund III
New Orleans Field Office Director
Enforcement and Removal Operations
U.S. Immigration and Customs Enforcement
1250 Poydras St., Suite 325
New Orleans, LA 70113