Contractors, aliens on subpoena list
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By Lela Garlington
and John Semien
The Commercial Appeal
This week's raid at the construction site of the FedEx world headquarters is an outgrowth of a federal grand jury investigation into possible immigration and labor law violations.
A federal grand jury is scheduled to meet March 21 in Memphis to hear testimony about how illegal immigrant workers arrived here and got jobs on the $250 million FedEx construction project at Hacks Cross and Winchester.
A lawyer for Brothers Construction Co. of San Antonio, Texas, acknowledged Thursday that the company has received a subpoena to deliver company records on March 21 to the federal grand jury here.
The attorney, Alan Brown, said Brothers Construction supplies construction workers for projects across the country, including the new stadium in Nashville for the Tennessee Titans.
Asked about the company's role in the FedEx project, Brown said, "Brothers Construction is a labor provider. The company furnishes workers on a contract basis to subcontractors.''
He said Brothers provided about 400 of the workers at the FedEx construction site, more than half of the 600 to 700 on the project. Brothers also rented apartments for some of the workers, he said.
Brown said the company has received a federal grand jury subpoena asking for business records pertaining to its involvement with the FedEx project.
``If they (illegal workers) are there, they fooled Brothers,'' Brown said. ``They (the company) take information from them, they look at their driver's licenses and other documents. But I guess its possible that some people there could not be citizens.''
Federal authorities also have subpoenaed records of Holder Construction Co., the Atlanta-based general contractor for the FedEx project.
During Tuesday's raid, 181 illegal immigrant workers were picked up at the FedEx site and at four apartment complexes.
On Thursday, 23 of them, wearing purple prison garb and leg irons, appeared before U.S. Magistrate James Allen.
Asst. U.S. Atty. Linda Nettles Harris told Allen all 23 are witnesses in the investigation and have been served with grand jury subpoenas.
They were released on their own recognizance after Allen, speaking through an interpreter, warned them that they would face a year in jail if they fail to appear before the grand jury.
Because the workers are material witnesses, the Immigration and Naturalization Service gave them documents that will allow them to work legally in the United States until the case is completed.
By cooperating in the inquiry, workers won't be deported but will be given the chance to leave the country voluntarily.
Allen sealed all the search warrant affidavits and other court records pertaining to the 23 witnesses, and Harris declined to comment about the investigation.
An employer who knowingly hires illegal immigrants could get up to six months in prison and fines ranging from $250 to $10,000 per violation.
Greg Siskind, a Memphis attorney whose law firm specializes in immigration issues, said he was surprised to hear the INS is targeting an employer in a criminal investigation.
"It is rare that they're taking this aggressive approach by going after criminal sanctions,'' said Siskind. "It's a substantial burden to make it a criminal probe. They're going to have to show the employer knowingly thwarting immigration laws by hiring illegals.''
The more common practice, Siskind said, is to hit employers with paperwork violations. For example, he said Disneyland was fined $260,000 in 1994 for not having the proper worker documentation on file.
For some employers in a tight job market with low unemployment, Siskind said, "It's a choice of going out of business or hiring illegals. It's a choice of two evils. We don't have a system for legally bringing in unskilled workers.''
Call reporter Lela Garlington at 529-2349 or E-mail her at garlington@gomemphis.com
Call reporter John Semien at 529-2551 or address E-mail to semien@gomemphis.com