A new approach to immigration

The Obama Administration's new immigration strategy, focusing more on crackdowns on employers than worker deportations, has its first Minnesota test case.

More than 1,200 workers from American Building Maintenance Co. left their jobs last month after immigration agents conducted an audit of the company -- an audit that revealed they were working illegally. But instead of the workers being taken into custody, they were allowed to return to their homes. The Minneapolis company reportedly is still under investigation.

"This is the new enforcement regime of the Obama administration, but we're not sure what to make of it,'' said John Keller, executive director of the Immigrant Law Center, a nonprofit agency that is assisting some of the workers fired from ABM. "Many questions are left unanswered.''

Will ABM be hit with a fine or penalty? Will the workers simply return to shadow employment? Are other Minnesota employers next in line? It's the buzz in the Twin Cities immigrant community.

ABM is one of more than 600 employers being audited this year by federal immigration agents. Leaders at ABM Industries, a San-Francisco based company, declined to provide details of the audit. Corporate spokesman Tony Mitchell issued this statement:

"Federal law prescribes specific procedures by which employers conduct employment verification activities. Our policy is full compliance with the law."

Tim Counts, spokesman for the regional Immigration and Customs Enforcement (ICE), said he could not comment on the case. The workers union will not comment on the case.

Workers such as Veronica, a former ABM office cleaner, support the new enforcement strategy, especially when the alternative could be the kinds of raids and deportations that rocked the Swift meatpacking plants in Worthington in 2006 and in Postville, Iowa, last year. But leaving ABM nonetheless was "a huge blow'' to the St. Paul mother of two.

"I worked in the same downtown [St. Paul] office building 10 years: it was like losing a family member,'' said Veronica, sitting in Keller's office yesterday with her 2-year-old son. "I know the people. They know me. We're like family. Plus we need the income.''

But Minnesotans clamoring to curb immigration offer a more mixed reaction to the Obama strategy.

"It's about time we go after the people [employers] causing these problems,'' said Paul Westrum, founder of the Minnesota Coalition for Immigration Reduction, based in Albert Lea. "But I think they [the workers] should be shipped out of the country. If they're here illegally, they should be sent home.''

Contrast with Swift

For Keller, the difference between ABM and the high-profile raids of the Swift meatpacking plant in Worthington is night and day.

Swift workers were rounded up and put on buses, he said, and many were sent to the Camp Dodge National Guard base in Iowa. Within two days, the first group of workers was deported to Mexico, he said.

"The first two weeks, most of my work involved helping families find their loved ones,'' said Keller.

At ABM, workers started hearing rumors about immigration agents scouring employment files in June, said Veronica. Everyone was afraid.

Workers without valid documentation were given a month to get their papers in order, she said. Then their union arranged for a three-month extension ending in October.

In the meantime, a resource fair was held at ABM to help families deal with potential foreclosures, legal needs and other needs, said Keller. The Immigrant Law Center and other attorneys offered pro bono counsel.

"It was a completely different operation,'' said Keller.

Of the roughly 90 workers interviewed by local attorneys, about 10 appear to qualify for "U-visas,'' visas available to immigrants who have been victims of criminal activity, said Keller.

The rest of the ABM staff are much like the 10 million undocumented workers in this country, he said. They have no legal way to enter this country or to fix their immigration status. Most unskilled workers can gain legal status only through family reunification visas -- which can take years -- or by nabbing one of a small number of visas available for unskilled workers.

That's one reason the Minnesota Chamber of Commerce is interested in the ABM case. Bill Blazar, senior vice president, said it points to the need for immigration reform.

"People [employers] lie awake at night, wondering if they've hired someone they shouldn't have,'' said Blazar.

What exactly happens next is difficult to say. Some of the workers who left their jobs last month are selling their cars. Some are selling their homes. Many are living off their savings, or taking loans from families and friends. All are hoping to land another job.

Veronica is lucky because her husband works two jobs in the restaurant business. Nonetheless she's also applied for several jobs this month. But what happens if the employer checks her identification?

"That's the big question,'' she said.

Jean Hopfensperger • 612-673-4511