![](media/image1.png){width="6.5in"
height="2.0854166666666667in"}STATEMENT

OF

**JAMES C. SPERO**

# DEPUTY ASSISTANT DIRECTOR

# OFFICE OF INVESTIGATIONS 

U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT

DEPARTMENT OF HOMELAND SECURITY

REGARDING A HEARING ON

**"ICE WORKPLACE RAIDS:  IMPACT ON US CITIZEN CHILDREN, FAMILIES AND
COMMUNITIES"**

BEFORE THE

SUBCOMMITTEE ON WORKPLACE PROTECTIONS

May 20, 2008 at 10:00 a.m.

2141 Rayburn House Office Building

Washington, D.C.

**[INTRODUCTION]{.underline}**

Good morning, distinguished Members of the Subcommittee. I am pleased to
appear before you today to discuss U.S. Immigration and Customs
Enforcement (ICE) law enforcement operations. I want to thank the
Subcommittee for its continued support of ICE, which has allowed the
dedicated men and women of the agency to accomplish so much.

ICE is first and foremost a federal law enforcement agency with the
mandate of protecting national security and public safety by enforcing
the nation's immigration and customs laws. ICE conducts its law
enforcement operations lawfully, professionally, and humanely and takes
extraordinary steps to identify, document, and act appropriately
regarding humanitarian concerns of the individuals encountered during
law enforcement operations. In planning enforcement operations, ICE
agents specifically plan for the possibility that individuals who are
arrested may also be a sole caregiver or that their detention may
otherwise place an undue hardship on their families.

When planning worksite enforcement operations, ICE strikes a balance
between the operational objectives of enforcing the law and any
humanitarian issues that may arise as a result of the enforcement
operation. ICE has developed worksite enforcement guidelines that field
offices use when developing their operation plans to ensure that
individuals who have been arrested and have unattended minors or family
members with health factors are identified at the earliest point
possible. ICE takes this responsibility very seriously and these
humanitarian factors are carefully taken into account when ICE makes
custody decisions.

During large worksite enforcement operations, ICE coordinates with
Public Health Service (PHS) professionals to provide a sufficient number
of personnel to assess the medical and humanitarian needs of arrestees.
This assessment is then used by ICE to identify arrestees who may be
considered for release from custody due to an urgent humanitarian
concern. PHS personnel are given prompt access to all arrestees under
safe and humane conditions on the day of the enforcement action. To the
extent possible, PHS personnel are provided access on a "rolling basis"
immediately after the processing of each arrestee.

In addition to PHS, when operationally possible, ICE coordinates with
state and local social service agencies to assist with humanitarian
screening. Furthermore, after an operation begins, ICE proactively
contacts the local social service agencies and local nongovernmental
organizations to advise them of the operation and request their
assistance in identifying any humanitarian issues that come to their
attention. We provide these groups with contact information for an ICE
representative who will immediately address any issues not previously
identified.

If ICE is contacted by a social service agency or an NGO and provided
with additional information or details regarding a humanitarian concern
after an arrestee has been processed and detained, ICE carefully
evaluates that new information and if appropriate, may modify the
conditions of release. This may include the possibility of release from
custody or an alternative to detention such as electronic monitoring.
During large scale operations, in an effort to provide reliable and
timely information to family and friends regarding an arrestee's custody
status and detention location, ICE has taken the unprecedented step of
establishing a dedicated 24 hour toll-free information hotline.

When making a custody determination, ICE considers any humanitarian
issues raised by the PHS, a social service agency, or contract support
personnel and evaluates those in the context of other factors, including
the arrestee's criminal record, immigration history, and other relevant
factors. Generally, aliens who are ordered detained by ICE can seek a
bond re-determination hearing before an immigration judge who has
authority to review and modify ICE's detention decisions. ICE also makes
every effort to not transfer detainees out of the area where they are
arrested; however, this is not always possible due to the limitations of
detention locations.

We used a similar humanitarian plan on our most recent large worksite
enforcement operation. On May 12, 2008, ICE agents conducted an
operation at AGRIPROCESSORS INC., a meat processing plant in Postville,
IA. Agents executed a criminal search warrant and a Blackies search
warrant at the company. This worksite enforcement operation resulted in
the administrative arrest of 389 undocumented alien workers, 304 of whom
were subsequently arrested for criminal violations.

In this recent operation, as in all ICE law enforcement operations,
extraordinary care was taken to determine if any arrestees were sole
caregivers or had other humanitarian concerns. This process involved the
direct questioning of all arrestees on the day of the enforcement
operation and during interviews with PHS representatives. Detainees were
questioned no less than three times about humanitarian issues such as
child custody concerns. ICE arranged to have PHS professionals at the
arrest site to immediately determine the needs and status of any
children impacted by the operation. Through this comprehensive effort,
62 of those arrested were conditionally released for humanitarian
purposes; most were released from the arrest site while the operation
was ongoing.

ICE takes extraordinary efforts to ensure that its law enforcement
operations are conducted in a safe, humane, and professional manner,
including extensive pre-operational planning and coordination. Worksite
enforcement operations are not poorly planned, haphazard incidents, but
rather are professional law enforcement operations conducted by a
professional law enforcement agency whose primary mission is the
enforcement of the laws of the United States and the protection of the
American people.

ICE does, and will continue to, take great care with respect to the
humanitarian concerns of aliens taken into custody during law
enforcement operations and exercise discretion regarding custody when,
and if, the exercise of such discretion is appropriate.

**[CONCLUSION]{.underline}**

On behalf of the men and women of ICE who place their lives at risk
every day to enforce the laws of this Nation making it a safer place to
live and work, I would like to thank you for your continued support.
These men and women have a difficult job to do in often dangerous
circumstances but they do so as consummate law enforcement
professionals. Thank you for your time and I look forward to answering
your questions.