Posted July 25, 2007 20:58

First Order of Business

The Big Easy
The World Trade Centers Association 2007 General Assembly will be held October 21-24 in New Orleans. As founder and Chairman of the World Trade Center Palm Beach, I am planning to attend along with a group of local business leaders. If you are interested in joining us, please contact me.

The World Trade Center New Orleans has done an amazing job in tracking the colossal rebuilding effort. A "Rebuilding Synopsis" details current activities in NOLA, painting a vivid picture of a city re-emerging from the disaster that nearly claimed it.

Guest Writer of the Month: Richard Lehman
Richard is a WTC Palm Beach member and a prominent international tax attorney with over 35 years experience. He has crafted a brilliant narrative outlining the opportunities and pitfalls of US taxes for foreign investors. Translated into French, Spanish, German, Italian, Arabic and Chinese, Richard's US Taxation website has generated thousands of international leads from over 100 countries in the past year. Visit the website or click here to download the 35-page narrative in PDF.

Florida is Missing the Boat
A recent Florida TaxWatch study shows that since 9/11, we've lost more than $50 billion in spending and investment by foreign visitors and businesses due to the effects of Federal immigration and visa policies. More...

Other Items of Interest
Hispanic Summit in Orlando
Globalization 101
Sister Cities International 2007 Annual Conference in Fort Lauderdale
Here's a good article on the Sister Cities Conference from The South Florida Business Journal.

Feature Article: The Iceman Cometh

WORKSITE ENFORCEMENT RAIDS AND THE DANGERS TO EMPLOYERS

Doreen Hemlock of the South Florida Sun Sentinel recently published a report regarding the immigration enforcement activities taken against a Coral Gables based fruit and vegetable company, Fresh Del Monte Produce, Inc., at their Portland, Oregon facility. This report brought focus on the 167 immigrant workers detained and/or taken into custody by the Immigration and Customs Enforcement section of the Department of Homeland Security.

Contained within her report were factual items revealing the complexity of this area of immigration and employment law. Details reveal the use of a third party staffing service and an official company disclaimer that Del Monte was not the target of any criminal investigation. All this, of course, is a public relations nightmare not to mention the disruption of business productivity and loss of revenue.

The report supports my often heard warning that these types of workforce raids are growing in number and are of significant concern to employers throughout our region and, for that matter, nationwide. It did not take much research to uncover many high profile cases that are worthy of mention and give rise to a chilling and awakening effect for employers in all types of industries even those more mainstream than farming and lawn care.

High profile cases like that of Wal-mart and it cleaning crews are easily found with some basic research. The general principal is that these employers are subject to civil fines for paperwork violations and that the employer generally can escape criminal prosecution. After my research, I am beginning to wonder if that, in fact, remains true.

Last year's high profile case with Swift and Co., the nation's second largest meat packager, is further example of the avoidance from criminal liability but at a very significant cost. Swift's operations in 6 states were raided pursuant to a nationwide investigation and resulted in over 1,280 suspected illegal workers being removed form these plants. Swift was not prosecuted but the company estimated a lose in excess of fifty million dollars, 30 million in cost recovery and 20 million in lost efficiencies.
Swift's president, Sam Revit, criticized the arrests stating that his firm's practices are similar to those of its competitors and that "everyone in the whole agriculture sector should be worried."

Perhaps, these comments are the best argument for the need of immigration and workforce reform. The a company president can attempt to justify illegal activity on the premise that others are doing it demonstrates that these laws have been notoriously disregarded by both law enforcement and employers dating almost back to their 1986 beginning in the Immigration Reform and Control Act, Employer Sanctions sections.

However, it now seems that the ICEMAN COMETH. Immigration and Customs Enforcement was created in 2003 to bring about changes to the lax enforcement of these provisions of our existing law. The following facts may shed some light on the current day attitude.

From a criminal worksite enforcement investigation case in the eastern district of Kentucky, Homeland Security Secretary Michael Chertoff stated that "Today's case is another tough step in our targeted and aggressive enforcement of our immigration laws within the interior of the United States…We will continue to bring criminal actions against employers who are consistently harboring illegal aliens. We will stop this type of illegal facilitation."

Further research reveals that his actions are now reflective of his words. Recent "ICE" workforce enforcement cases can be found throughout the nation. Criminal prosecutions in 2006 resulted in 127 criminal convictions and a total of 1,145 arrests up from 46 and 845 the previous year. These prosecutions generally charge criminal activities like money laundering, harboring illegal aliens, transporting illegal aliens, false statement in connection with an illegal employment scheme, and the granddaddy of them all, RICO prosecutions for the unsuspecting employer.

I think that the point is made. Immigration and employment law is a growth industry for both immigration and criminal lawyers. Even if you avoid a criminal prosecution from such a workforce investigation, as seen with Swift and Co, business interruption alone is very costly. However, with the White House at stake in the 2008 elections and with the call for greater immigration law enforcement, the risk to you and the company is just too high…..

A word to the wise should be sufficient.

"Employers who brazenly violate our immigration laws will be held accountable for their illicit actions", states Assistant Secretary of Homeland Security Julie L. Meyer. "Today's change….reflects the federal government's commitment to addressing the employment magnet for illegal immigration and ensuring businesses comply with our laws.
Do not take the risk that your business becomes the next poster child for the heightened enforcement in the context of this national challenge.

-Al Zucaro

Click here to download an AILA press release relating to this article.

Independence Day Thoughts

From Doctrine to Dogma... What has Become of the Spirit of America?

As I begin to write this on the eve of our nation's independence, I do find cause for celebration of our history, our principles and our country. Even as we struggle with current day challenges like those that caused our forefathers to "mutually pledge to each other (their) lives, (their) fortunes, and (their) sacred Honor", we remain the guiding light for many around the world to view with admiration and respect.

Those 56 signers of this country's Declaration of Independence risked it all to allow us, today, the opportunity to speak our mind and to live our lives with relative freedom from oppression and tyranny. The timeless statements of "self evident" truths and "unalienable Rights" of "life, liberty, and the pursuit of happiness" remain a beacon even in these times where some among us clearly question the merits of such a free society and the difficulties in preserving these freedoms.

June, 1776 was extremely busy for the lawmakers of those united colonies. Their words and actions have led us through more than 2 centuries of world leadership. June, 2007, another turbulent time, has built on that tradition. Now as the United States, we continue to evolve the doctrines of freedom and justice; we continue to be a beacon of light to the world in these principles of rights and justice; and we continue to celebrate our history of being a nation of immigrants, maybe…

In June 2007, our Congress has been very busy debating the need for comprehensive immigration reform. Unlike the original 56 signors who, in that day, seem to speak with one mind and voice, today's Congress is divided. Immigration has become a polarizing issue for our country's leaders and for our people.

Formed as a nation of immigrants we seem less tolerant of that principle today than ever before. While congress debates this question, I am reminded of Nero and the demise of Rome. I am troubled by the lack of tolerance for those that are coming today regardless of their method. Today's immigrants are simply following the path that many have followed, a path to a better life, a better time and a place to live free, to raise a family, to worship their individual god and live without fear and oppression.

Immigration is a federal question. In principle only the federal government can create laws that are inherently discriminatory. Only the federal government can control the borders. However, this is a government of the people, for the people and by the people. People themselves are much more tolerant than what is being projected through the congressional debates and in some of our media. We, as a people and as a nation will have lost the inspiration captured in the Declaration of Independence if we do not remember that immigration is a good thing for our nation. That our strengths are in our people and that by inviting others to join us in a measured and tolerant manner is a necessity for the future.

I do not condone unlawful acts but I do recognize that these so called law breakers are victims as well. They tolerate abuses that we as a people will and do not tolerate. They are exploited in their homes, on the streets and in the workplace with little recourse and few options. Those that call for their return to their native countries are blind with intolerance and based in bigotry.

These sentiments are no different today than those of past centuries. Even the abuses are the same. Hollywood has captures the plight of the Italians, the Irish, the Chinese and other great waves of immigrants and the abuses they suffered. I simply stand for the premise that we are all descendents of immigrants and that the past is not so long ago that we should forget the formation of this nation and the reason immigrants of all times desired to come…

-Al Zucaro

Reprinted with permission.
July 2007 International Newsletter Courtesy of Al Zucaro ©2007 Al Zucaro.