GRAND RAPIDS, Mich. (Legal Newsline) - The Michigan Immigrant Rights Center intake operator told a caller identifying as an illegal immigrant that it's "not that big of a deal" if they've previously lied about their identity and status when seeking legal damages from an employer.
The revelation that those who lie about their identity – including their age – and then later get assistance in suing their former employers came about in response to a query regarding legal assistance from the Center.
“I don't believe that in the grand scheme of things, it's not that big of a deal, really,” said the Michigan Immigrant Rights Center operator, only identified as Hector, when reached by phone on Dec. 13.
Hector said illegal immigrants who lie about their identity by providing a false Social Security number and later seek legal action should still have an actionable case.
“It's in the context of what we're talking about. It's not – it's not like it's criminal, if you know what I mean,” Hector said. “It would be more administrative. And really, that's not, you know, that's not like as big of an issue as say, the worker suffered from wage theft. That would be a bigger issue that we're talking about."
Hector also said the Michigan Immigrant Rights Center regularly deals with illegal immigrants employed in the agricultural sector referring others in Michigan to law firms such as Avanti Law in Grand Rapids and Blanchard and Walker in Ann Arbor.
Hector’s acceptance of a worker with dubious credibility mirrors recent litigation ongoing in federal court in Michigan.
It turns out those litigation efforts include some very powerful allies of the Michigan Immigrant Rights Center.
U.S. Rep. Hillary Scholten (D-Mich.), in her second term representing Michigan’s 3rd Congressional District, formerly worked for the Michigan Immigrant Rights Center.
Scholten recently made waves after a job posting for a senior communications manager “strongly encourages” all but straight white males from applying for the position that pays between $85,000 and $120,000 per year.
In a recent interview with El Vocero Hispano, in which phone numbers leading to the Michigan Immigrant Rights Center's legal intake center were published, Scholten noted the center’s legal efforts.
Scholten’s comments came after a New York Times article regarding the extent of child labor among the illegal immigrant community.
“As a representative of this district, as a lawyer who has spent her career defending immigrants, refugees, migrant farmworker communities, and also as a mother, I felt the urgency to respond,” Scholten told El Vocero Hispano.
“I immediately contacted the White House to take action. This population of children is particularly vulnerable to exploitation because they are children, they do not complain and are easily forced to do things they do not want to do. I feel like one of the most important things we need to address is comprehensive immigration reform.”
The New York Times exposé noted allegations of children between the ages 12-15 working long hours and overnight shifts at a manufacturer in Grand Rapids, Mich.
The effort to land more lawsuits against employers in Michigan’s illegal immigrant community comes amid a backdrop of litigation.
The New York Times' reporting spawned investigations into Forge Industrial Staffing by government regulators.
According to court documents and statements made in hearings in open court, Forge said it "was investigated by multiple ... agencies," including from the state of Michigan, the U.S. Department of Homeland Security and the federal Labor Department, among others.
However, all of those investigations were closed without further action, except for the Labor Department's inquiry.
Legal Newsline recently reported on the Labor Department’s actions against Forge.
The article notes an illegal immigrant who formerly worked at a job site with employees provided by Forge who is quoted by the New York Times as saying one of Forge's clients didn't care if workers were underage. Forge has noted in court records that the woman, herself, lied about her age.
The woman, Nubia K. Malacara, told the New York Times that Forge was “knowingly employing minors.”
Malacara also later worked in an administrative role directly for Forge.
“Forge noted the woman had claimed a birthdate in 1992. However, 10 years later, in a longer stretch of employment through Forge, that same woman listed her birthdate in 1995, and used a different Social Security number, Forge has claimed in court documents,” Legal Newsline's story reads.
Following the New York Times article, including Malacara ’s comments, Forge was subjected to legal action.
Under provisions of the Fair Labor Standards Act, the Labor Department has sought a larger investigation into Forge and its clients.
In a Dec. 5 court hearing, the Labor Department noted its intention to go beyond the scope of the original case to seek “wage and hour” violations.
In response to a request from the Labor Department seeking a comprehensive list of every company with which Forge has ever done business, Forge argued honoring such a request would open its entire clientele to investigation.
The company noted it has already lost $9 million in annual income amid the investigation and worries it will go out of business completely should the investigation continue.
Forge has said the process is politically driven.
“(The Labor Department) has to identify some basis for their investigation, other than 'We're here to investigate everything,'" Forge attorney Brion Doyle, of the firm of Varnum LLP, said at a Dec. 5 hearing.
The Grand Rapids Reporter noted Legal Newsline’s reporting and included comments made on the American Legal Record Podcast by Legal Newsline editor John O'Brien.
“You couldn't have a worse blow to your business relationship than the U.S. Department of Labor showing up at a company with which you have a contract,” O'Brien said. “These companies are facing no investigation, no allegation, but now all of a sudden they'll have Department of Labor investigators walking and looking through their plants.”
O’Brien added that the action brought by the government represents a significant harm to Forge.
“So it's very unfair to those clients,” O’Brien said. “The damage to Forge is real.”