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Editor’s Note: Updated at 4:50 p.m. to reflect statements from Iowa Attorney General’s Office and Agriprocessors.
The first portion of an investigation into possible child labor violations at Agriprocessors in Postville is closed, and findings have been turned over the Iowa Attorney General for prosecution.
The Iowa Labor Commissioner’s Office said the investigation was “intensive” and produced 57 cases that each have multiple child labor violations. A second arm of the investigation as well as an investigation into general wage violations remain ongoing and may lead to additional charges.
“The investigation brings to light egregious violations of virtually every aspect of Iowa’s child labor laws,” said Iowa Labor Commissioner Dave Neil. “It is my recommendation that the Attorney General’s Office prosecute these violations to the fullest extent of the law.”
Investigators found that minors worked in prohibited occupations, that improper work permits were obtained, that minors were exposed to hazardous chemicals and prohibited equipment and that the hours minors were required to work exceeded what was allowed.
In a statement released this afternoon by Agriprocessors spokesman Menachem Lubinsky expressed dismay.
“Agriprocessors is at a loss to understand the Iowa Labor Commissioner’s referral and press release of today on the issue of alleged child labor at Agriprocessors. As the government knows, it is Agriprocessors’ policy not to hire underage workers, and to terminate any employees who are determined to be under 18 years of age. In fact, in 2007, Agriprocessors terminated four employees whom it determined were underage and had provided false documents in order to obtain employment.
“The Company has cooperated with the government throughout its investigation, providing documents and opening its plant and its records to government inspection. In early 2008, government inspectors came to the Postville plant, looked for underage workers, identified two youthful looking employees for further investigation, investigated their background and ultimately allowed the employees to return to work. The company allowed the Iowa Department of Labor to tour the plant and interview any employee they saw fit. They toured every department in the plant and interviewed any worker they wanted and found no minors. Agriprocessors was told that the Department’s group consisted of five people, one of which one was an expert in identifying minors. At no time did the government identify to the company any violations.
“When the government told Agriprocessors in April 2008 that it knew that underage employees were working at the Postville plant, Agriprocessors repeatedly requested that the government identify those workers so that the company could terminate them. The Iowa Labor Commissioner’s Office refused. As a result of the government’s decision, apparently those children may have continued to work at the plant and presumably at least some were arrested in the May 12 ICE enforcement action.
“The government now has seen fit to issue a press release alleging child labor law violations. The government’s press release does not state that the company knowingly hired underage workers. The company asks the public to keep an open mind and wait for the evidence before making any judgments about these, or any other, allegations.”
Typically, child labor investigations are prosecuted by the county attorney. In this case, however, the Allamakee County Attorney’s Office told the state agency to give the case directly to the Iowa Attorney General.
Eric J. Tabor, chief of staff in the Iowa Attorney General’s Office, refused to go into specifics in relation to the case, including the minimum and maximum fines and punishment allowable by law. Instead, he provided the following statement:
“The Attorney General’s Office is serving in the role of prosecutor, at the request of the Allamakee County Attorney. We are cooperating with the Iowa State Division of Labor and the Iowa Division of Criminal Investigation, which are investigating in this matter. We will enforce Iowa criminal law if there have been violations of the law.”
Tabor concluded by stating that charges are “merely an accusation and any potential defendant is presumed innocent until and unless proven guilty.”
Agriprocessors, the nation’s largest kosher meatpacking plant and Postville’s largest employer, was the site of the largest single-site immigration enforcement event in national history. In total, 389 workers were detained by Immigration and Customs Enforcement. Most of the detainees faced criminal charges related to identify theft and were quickly convicted through plea bargains. After being charged criminally, six of the defendants were discovered to be juveniles. In addition, 23 juveniles detained during the raid were released to responsible adults or specialists.
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