Labor Law Center Blog » Blog Archive » ICE Cracks Down on Nevada McDonald’s

ICE Cracks Down on Nevada McDonald’s

October 3rd, 2007 Posted by Amelia

On September 28, federal agents in Reno, Nevada arrested more than 50 illegal aliens at 11 McDonald’s restaurants in the northern part of the state. The incident is part of the state’s ongoing investigation into illegal immigration.

At least 56 arrests were made by U.S., Immigrating and Customers Enforcement (ICE) officers in Reno, Sparks and Fernley Counties while executing 12 search warrants at the restaurants, plus the franchise company’s headquarters, according to ICE spokesperson Richard Rocha.

The arrests were the culmination of a five-month investigation that began with a complaint of identity theft. According to Rocha, local authorities investigating the identity theft provided the federal agency with information leading to the arrests at specific fast food locations. He emphasizes that the arrests were the result of credible reports of specific criminal activity, not random sweeps.

Reno Mayor Bob Cashell immediately criticized the action, saying, “There’s got to be a better way to handle this.” Members of the local Hispanic community echoed Cashell’s concerns, estimating that up to 100 people were arrested.

At least some of the restaurants are owned by Luther Mack, a senior Reno Businessman and former member of the state’s influential Athletic Commission. The Commission regulates the lucrative boxing industry in Nevada. Mack contends that he never knowingly employed an undocumented worker.

Sentiment is hot on both sides of the immigration issue, in Nevada and across the country. This was illustrated in a recent case in Carpentersville, Illinois where a non-binding resolution by the city council to conduct official business in English was vociferously supported by some residents, and adamantly decried by others. The small Chicago suburb, which is 40% Hispanic, drew more than 1,500 angry protestors last year when it tried to make it illegal for landlords to rent to illegal aliens. The division continues in the town, with many houses flying Mexican flags.

Hispanics are the fastest-growing minority group in the U.S., outnumbering African Americans with 44.3 million Hispanic people in the U.S. Latinos make up 15% of the U.S. population. By 2025, it is estimated there will be 50 million Hispanic people in the country. The majority of Hispanic residents in the U.S. are citizens and legal immigrants. Some of them have ancestors who have been in the country since the 1700’s. The majority of them speak English. Latinos are one of the fastest growing markets in the U.S. and that trend is expected to continue.

As of 2005, there were more Hispanic people in the United States than in Spain. Only Mexico and Columbia have greater populations of Latinos than the U.S.

Under the Immigration Reform and Control Act of 1986 or IRCA made it illegal for employers to knowingly hire illegal immigrants. Perhaps even more importantly, this act put the burden of proof on the employer. Under the IRCA, employers had to verify that an employee has the proper documentation to work in the United States, and verify the employee’s identity. Generally, this involves the employee completing an I-9 or Employment Eligibility Verification Form prior to or at the date of starting work. Employers must keep the I-9 on file for 3 years. If an employee is terminated in less than 3 years, the employer must maintain the I-9 on file for 1 year after the termination.

Employers who do not comply with the terms of the IRCA can face penalties of up to $100,000 per employee, for repeat violations.

Despite these regulations, illegal aliens often purchase fake identification to comply with the terms of the I-9. Often, this involves identity theft, using the name, date of birth and social security number of a living or deceased person. Valid sets of identification with social security card can cost $2,500 or more, according to sources.