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Keywords

statutehearingtestimonycompliancenaturalizationadministrative lawliens
statutehearingtestimonycompliancenaturalizationadministrative lawliens

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Mester Manufacturing Co.; U.S. v.

Facts

Mester manufactures furniture at facilities in El Cajon, California, and Tijuana, Mexico. The El Cajon facility, employing about 70 people on the average, is at issue here. On July 2, 1987, agent Stephen A. Shanks of the INS Border Patrol made an initial educational visit to Mester. Shanks left a copy of the INS' 'Handbook for Employers' and his business card for Mester's managers, none of whom was available at the time. No Mester official contacted Shanks, and Shanks did not make a return visit. Shanks phoned Mester on August 7, 1987. He spoke with a senior official of Mester, James Saturley, who appeared satisfied with his present level of knowledge regarding IRCA. The owner of the company, Barry Mester, expressed no interest, at any time, in understanding and complying with the law. On August 26, 1987, the INS notified Mester of its intention to inspect the I-9's on file there. The next day, Shanks and another agent returned to Mester to deliver the citation required by IRCA for a first violation. The citation alleged that Mester had violated 'Section 274A(b)(1) of the Immigration and Nationality Act' with respect to 11 named individuals. The citation thus alleged only paperwork violations. However, several counts contained statements that aliens were 'still employed' after their work authorizations had expired, and others alleged that I-9's had not been completed for 'illegal aliens,' thus strongly suggesting that employment of these individuals, if continued, would violate 8 U.S.C. 1324a(a)(2).

Mester manufactures furniture at facilities in El Cajon, California, and Tijuana, Mexico. The El Cajon facility, employing about 70 people on the average, is at issue here. On July 2, 1987, agent Stephen A. Shanks of the INS Border Patrol made an initial educational visit to Mester. Shanks left a copy of the INS' 'Handbook for Employers' and his business card for Mester's managers, none of whom was available at the time. No Mester official contacted Shanks, and Shanks did not make a return visit. Shanks phoned Mester on August 7, 1987. He spoke with a senior official of Mester, James Saturley, who appeared satisfied with his present level of knowledge regarding IRCA. The owner of the company, Barry Mester, expressed no interest, at any time, in understanding and complying with the law. On August 26, 1987, the INS notified Mester of its intention to inspect the I-9's on file there. The next day, Shanks and another agent returned to Mester to deliver the citation required by IRCA for a first violation. The citation alleged that Mester had violated 'Section 274A(b)(1) of the Immigration and Nationality Act' with respect to 11 named individuals. The citation thus alleged only paperwork violations. However, several counts contained statements that aliens were 'still employed' after their work authorizations had expired, and others alleged that I-9's had not been completed for 'illegal aliens,' thus strongly suggesting that employment of these individuals, if continued, would violate 8 U.S.C. 1324a(a)(2).

Issue

Whether the administrative law judge's findings of employment violations under the Immigration Reform and Control Act of 1986 were supported by substantial evidence and whether the statute was constitutional.

Whether the administrative law judge's findings of employment violations under the Immigration Reform and Control Act of 1986 were supported by substantial evidence and whether the statute was constitutional.

Rule

The statute sets up an employment verification system under which an employer must execute a verification form ('I-9') attesting, under penalty of perjury, that it has verified that each employee (whether a U.S. citizen or an alien) is not an unauthorized alien by examining the requisite document, or documents, showing identity and employment authorization.

The statute sets up an employment verification system under which an employer must execute a verification form ('I-9') attesting, under penalty of perjury, that it has verified that each employee (whether a U.S. citizen or an alien) is not an unauthorized alien by examining the requisite document, or documents, showing identity and employment authorization.

Analysis

The court applied the rule by examining the evidence presented during the administrative hearing, which included the testimony of INS agents and Mester's management. The ALJ found that Mester had been put on notice regarding the employment status of several employees and failed to take appropriate action. The court noted that Mester's lack of interest in compliance with the law and failure to investigate the status of its employees contributed to the finding of violations.

The court applied the rule by examining the evidence presented during the administrative hearing, which included the testimony of INS agents and Mester's management. The ALJ found that Mester had been put on notice regarding the employment status of several employees and failed to take appropriate action. The court noted that Mester's lack of interest in compliance with the law and failure to investigate the status of its employees contributed to the finding of violations.

Conclusion

The court affirmed the decision of the administrative law judge, giving deference to the agency's interpretation of the statute, and finding that there was substantial evidence to support the decision. The court found further that petitioner had not shown the statute to be unconstitutional.

The court affirmed the decision of the administrative law judge, giving deference to the agency's interpretation of the statute, and finding that there was substantial evidence to support the decision. The court found further that petitioner had not shown the statute to be unconstitutional.

Who won?

The Immigration and Naturalization Service (INS) prevailed in the case because the court found substantial evidence supporting the ALJ's findings of employment violations and upheld the constitutionality of the statute.

The Immigration and Naturalization Service (INS) prevailed in the case because the court found substantial evidence supporting the ALJ's findings of employment violations and upheld the constitutionality of the statute.

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