Case: Swift & Company v. Immigration and Customs Enforcement

2:06-cv-00314 | U.S. District Court for the Northern District of Texas

Filed Date: Nov. 28, 2006

Closed Date: Dec. 14, 2006

Clearinghouse coding complete

Case Summary

This lawsuit is one of several cases concerning immigration raids conducted by federal authorities at Swift meat packing plants throughout the country. [See Valenzuela v. Swift Beef Company, Inc. IM-TX-19; United Food and Commercial Workers Int'l Union v. Chertoff, IM-TX-23; Yarrito v. Meyers, IM-CO-8].Beginning in 2006, federal immigration officials with the Immigration and Customs Enforcement (ICE) division of the Department of Homeland Security commenced an investigation into the hiring pra…

This lawsuit is one of several cases concerning immigration raids conducted by federal authorities at Swift meat packing plants throughout the country. [See Valenzuela v. Swift Beef Company, Inc. IM-TX-19; United Food and Commercial Workers Int'l Union v. Chertoff, IM-TX-23; Yarrito v. Meyers, IM-CO-8].

Beginning in 2006, federal immigration officials with the Immigration and Customs Enforcement (ICE) division of the Department of Homeland Security commenced an investigation into the hiring practices at Swift and its suspected retention of undocumented aliens. As part of the investigation, ICE issued administrative subpoenas to Swift of employee I-9 files and associated records. In November 2006, ICE advised Swift that it intended to shut down, with or without Swift's cooperation, 6 of Swift's plants on December 4, 2006, so that officials could interview all Swift employees and detain and remove suspected undocumented workers.

In an effort to prevent the shutdown, Swift & Co. filed a complaint U.S. District Court Northern District of Texas on November 28, 2006, seeking an injunction. Swift alleged that the proposed shutdown and mass removal of suspected undocumented workers "would have a direct impact on many legal workers, as well as suspected illegal workers, and would irreparably harm Swift by interfering with its legal business operations and by damaging its reputation." Swift alleged violations of Illegal Immigration Reform and Immigrant Responsibility Act of 1996 ("IIRIRA") and due process. Swift moved for a preliminary injunction.

A closed hearing was held on December 6, 2006. On December 7, 2006, the District Court (Judge Mary Lou Robinson) denied Swift's request for a the preliminary injunction. On December 12, 2006, ICE officials raided 6 of the Swift plants and detained some 20,000 workers. Two days later, the parties filed a stipulation for dismissal without, which stated that Swift no longer wished to prosecute its claims. Each party agreed to bear their own costs.

Summary Authors

Dan Dalton (10/23/2007)

Related Cases

Yarrito v. Meyers, District of Colorado (2006)

Valenzuela v. Swift Beef Company, Inc., Northern District of Texas (2006)

United Food and Commercial Workers International Union v. Chertoff, Northern District of Texas (2007)

People


Judge(s)

Robinson, Mary Lou (Texas)

Attorneys(s) for Plaintiff

Buxton, C. Michael (District of Columbia)

Isern, Kevin A. (Texas)

Lawler, William E. III (District of Columbia)

Attorneys(s) for Defendant

Bryant, D. Gordon Jr. (Texas)

Cohn, Jonathan F. (District of Columbia)

Keisler, Peter D. (District of Columbia)

Kline, David J. (District of Columbia)

Roper, Richard B. III (Texas)

Stevens, Elizabeth Jones (District of Columbia)

Judge(s)

Robinson, Mary Lou (Texas)

Attorneys(s) for Plaintiff

Buxton, C. Michael (District of Columbia)

Isern, Kevin A. (Texas)

Lawler, William E. III (District of Columbia)

Attorneys(s) for Defendant

Bryant, D. Gordon Jr. (Texas)

Cohn, Jonathan F. (District of Columbia)

Keisler, Peter D. (District of Columbia)

Kline, David J. (District of Columbia)

Roper, Richard B. III (Texas)

Stevens, Elizabeth Jones (District of Columbia)

Other Attorney(s)

McLaughlin, Jerry Dan (Texas)

Russ, Philip R. (Texas)

Documents in the Clearinghouse

Document

2:06-cv-00314

Docket (PACER)

Swift & Company v. Immigration and Customs Enforcement Division of the Department of Homeland Security

Jan. 10, 2007

Jan. 10, 2007

Docket
2

2:06-cv-00314

Complaint for Declaratory and Injunctive Relief

Swift & Company v. Immigration and Customs Enforcement Division of the Department of Homeland Security

Nov. 28, 2006

Nov. 28, 2006

Complaint
15

2:06-cv-00314

Appendix to Defendants' Memorandum Opposition to Plaintiff's Motion for a Preliminary Injunction

Swift & Company v. Immigration and Customs Enforcement Division of the Department of Homeland Security

Dec. 4, 2006

Dec. 4, 2006

Pleading / Motion / Brief
14

2:06-cv-00314

Defendants' Memorandum in Opposition to Plaintiff's Motion for a Preliminary Injunction

Swift & Company v. Immigration and Customs Enforcement Division of the Department of Homeland Security

Dec. 4, 2006

Dec. 4, 2006

Pleading / Motion / Brief
22

2:06-cv-00314

Order

Swift & Company v. Immigration and Customs Enforcement Division of the Department of Homeland Security

Dec. 7, 2006

Dec. 7, 2006

Order/Opinion
30

2:06-cv-00314

Stipulation of Dismissal

Swift & Company v. Immigration and Customs Enforcement Division of the Department of Homeland Security

Dec. 14, 2006

Dec. 14, 2006

Pleading / Motion / Brief

Resources

Docket

Last updated June 3, 2022, 3:06 a.m.

ECF Number Description Date Link Date / Link
1

MOTION for Leave to File Under Seal by Swift & Company (djs) (Entered: 11/28/2006)

Nov. 28, 2006

Nov. 28, 2006

2

COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF against Immigration and Customs Enforcement Division of the Department of Homeland Security, Julie L Myers filed by Swift & Company. (Filing fee $350; Receipt number AM000459) (Attachments: # 1 Civil Cover Sheet) (djs) (Entered: 11/28/2006)

Nov. 28, 2006

Nov. 28, 2006

3

CERTIFICATE OF INTERESTED PERSONS by Swift & Company. (djs) (Entered: 11/28/2006)

Nov. 28, 2006

Nov. 28, 2006

4

Order Designating Case for ECF - see order for specifics. (Signed by Judge Mary Lou Robinson) (djs) (Entered: 11/28/2006)

Nov. 28, 2006

Nov. 28, 2006

5

Summons Issued as to Immigration and Customs Enforcement Division of the Department of Homeland Security. (djs) (Entered: 11/28/2006)

Nov. 28, 2006

Nov. 28, 2006

6

Summons Issued as to Julie L Myers. (djs) (Entered: 11/28/2006)

Nov. 28, 2006

Nov. 28, 2006

7

MOTION for Preliminary Injunction and MOTION for Expedited Hearing by Swift & Company (djs) (Entered: 11/28/2006)

Nov. 28, 2006

Nov. 28, 2006

8

MEMORANDUM of Points and Authority in Support filed by Swift & Company re 7 MOTION for Preliminary Injunction and MOTION for Expedited Hearing (djs) (Entered: 11/28/2006)

Nov. 28, 2006

Nov. 28, 2006

9

Appendix in Support filed by Swift & Company re 7 MOTION for Preliminary Injunction and MOTION for Expedited Hearing (Attachments: #(1) #(2) #(3) #(4) #(5) #(6) #(7) #(8) #(9) #(10) #(11) # (12) #(13) #(14) #(15) #(16)) (djs) (Entered: 11/28/2006)

Nov. 28, 2006

Nov. 28, 2006

10

SEALING ORDER: granting 1 Motion to Seal Case. Sealed until further order of this Court. (Signed by Judge Mary Lou Robinson on 11/28/06) (djs) (Entered: 11/28/2006)

Nov. 28, 2006

Nov. 28, 2006

11

SUMMONS Returned Executed as to Immigration and Customs Enforcement Division of the Department of Homeland Security served on 11/29/2006 by serving US Attorney's Office, Amarillo, Texas, answer due 1/29/2007. (plh, ) (Entered: 11/29/2006)

Nov. 29, 2006

Nov. 29, 2006

12

ORDER SETTING EVIDENTIARY HEARING - The Court will conduct a closed hearing on Pltf's 11/28/06 motion for a preliminary injunction. Motion Hearing set for 12/6/2006 10:00 AM before Judge Mary Lou Robinson. (Signed by Judge Mary Lou Robinson on 12/4/06) (plh, ) (Entered: 12/04/2006)

Dec. 4, 2006

Dec. 4, 2006

13

RESPONSE in Opposition filed by Immigration and Customs Enforcement Division of the Department of Homeland Security, Julie L Myers re 7 MOTION for Preliminary Injunction MOTION for Hearing (plh, ) (Entered: 12/04/2006)

Dec. 4, 2006

Dec. 4, 2006

14

Memorandum in Support filed by Immigration and Customs Enforcement Division of the Department of Homeland Security, Julie L Myers re 13 Response in Opposition to Motion for Preliminary Injunction (plh, ) (Entered: 12/04/2006)

Dec. 4, 2006

Dec. 4, 2006

15

Appendix in Support filed by Immigration and Customs Enforcement Division of the Department of Homeland Security, Julie L Myers re 13 Response in Opposition to Motion for Preliminary Injunction (plh, ) (Entered: 12/04/2006)

Dec. 4, 2006

Dec. 4, 2006

17

REPLY filed by Swift & Company to Dft's Opposition re 7 MOTION for Injunction MOTION for Hearing (plh, ) (Entered: 12/05/2006)

Dec. 5, 2006

Dec. 5, 2006

18

Appendix of Cases filed by Swift & Company re 17 Reply to Response to Motion for Preliminary Injunction (plh, ) (Entered: 12/06/2006)

Dec. 5, 2006

Dec. 5, 2006

19

Application and Order for Admission Pro Hac Vice by William E. Lawler, III (Signed by Judge Mary Lou Robinson on 12/6/06) (plh, ) (Entered: 12/06/2006)

Dec. 6, 2006

Dec. 6, 2006

Minute Entry for proceedings held before Judge Mary Lou Robinson : Hearing for Preliminary injunction held on 12/6/2006. Attorney Appearances: Plaintiff - William E. Lawler; Defense - David Kline. (Court Reporter Stacy Morrison.) Time in Court: 4 hrs/13 min. NO PDF ATTACHED. (sas) (Entered: 12/06/2006)

Dec. 6, 2006

Dec. 6, 2006

20

NOTICE TO COURT OF PRESS INQUIRIES ABOUT THIS MATTER by Immigration and Customs Enforcement Division of the Department of Homeland Security, Julie L Myers (plh, ) (Entered: 12/07/2006)

Dec. 6, 2006

Dec. 6, 2006

21

NOTICE TO COURT REGARDING PRESS INQUIRY POSSIBLY RELATED TO THIS MATTER by Swift & Company (plh, ) (Entered: 12/07/2006)

Dec. 7, 2006

Dec. 7, 2006

22

ORDER: Plaintiff's Motion for a Preliminary Injunction is DENIED. (Signed by Judge Mary Lou Robinson on 12/7/06) (djs) (Entered: 12/07/2006)

Dec. 7, 2006

Dec. 7, 2006

23

MOTION to Unseal by Swift & Company (djs) (Entered: 12/08/2006)

Dec. 8, 2006

Dec. 8, 2006

24

RESPONSE "Opposition" filed by Immigration and Customs Enforcement Division of the Department of Homeland Security, Julie L Myers re 23 MOTION to Unseal Case (djs) (Entered: 12/11/2006)

Dec. 11, 2006

Dec. 11, 2006

25

ORDER: ON 12/8/06, the government orally moved for leave to provide copies of the Court's 12/7/06, order to Magistrate Judges from whom Dft ICE may move to obtain warrants. The Court orally granted that motion on 12/8/06. This order memorializes that ruling for the record. (Signed by Judge Mary Lou Robinson on 12/11/06) (djs) (Entered: 12/11/2006)

Dec. 11, 2006

Dec. 11, 2006

26

NOTICE TO COURT REGARDING ICE ENFORCEMENT ACTIONS by Swift & Company re 23 MOTION to Unseal Case (djs) (Entered: 12/12/2006)

Dec. 12, 2006

Dec. 12, 2006

27

AMENDED NOTICE TO COURT REGARDING ICE ENFORCEMENT ACTIONS by Swift & Company re 23 MOTION to Unseal Case (djs) (Entered: 12/12/2006)

Dec. 12, 2006

Dec. 12, 2006

Minute Entry for proceedings held before Judge Mary Lou Robinson : Telephone Conference. Attorney Appearances: Plaintiff - William E. Lawler; Defense - David Kline. (Court Reporter Stacy Morrison.) Time in Court: 10 minutes. NO PDF ATTACHED. (sas) (Entered: 12/12/2006)

Dec. 12, 2006

Dec. 12, 2006

28

ORDER. This case is unsealed, effective immediately upon entry of this order (Signed by Judge Mary Lou Robinson on 12/12/06) (djs) (Entered: 12/12/2006)

Dec. 12, 2006

Dec. 12, 2006

29

MOTION to Intervene by UFCW Local 540 with Memorandum in Support. (plh, ) (Entered: 12/14/2006)

Dec. 14, 2006

Dec. 14, 2006

30

STIPULATION by Swift & Company, Immigration and Customs Enforcement Division of the Department of Homeland Security, Julie L Myers to Dismiss . (Isern, Kevin) (Entered: 12/14/2006)

Dec. 14, 2006

Dec. 14, 2006

31

ORDER denying 29 Motion to Intervene (Signed by Judge Mary Lou Robinson on 12/14/06) (plh, ) (Entered: 12/14/2006)

Dec. 14, 2006

Dec. 14, 2006

32

AGREED ORDER OF DISMISSAL - Before the Court is the parties' Stipulation of Dismissal. This action is dismissed without prejudice. Costs are taxed against the parties incurring same. (Signed by Judge Mary Lou Robinson on 12/14/06) (plh, ) (Entered: 12/14/2006)

Dec. 14, 2006

Dec. 14, 2006

33

TRANSCRIPT of Proceedings held on December 6, 2006 before Judge Mary Lou Robinson. Court Reporter: Stacy Morrison. (1 Vol.) (Attachments: # (1) # (2) # (3) # (4) # (5) # (6)) (plh) (Entered: 01/10/2007)

Jan. 10, 2007

Jan. 10, 2007

Case Details

State / Territory: Texas

Case Type(s):

Immigration and/or the Border

Key Dates

Filing Date: Nov. 28, 2006

Closing Date: Dec. 14, 2006

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Swift & Company, owner of several meat packing plants throughout the country

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Department of Homeland Security, Federal

Immigration and Customs Enforcement (ICE), Federal

Case Details

Causes of Action:

Immigration and Nationality Act (INA), 8 U.S.C. §§ 1101 et seq.

Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (IIRIRA)

Declaratory Judgment Act, 28 U.S.C. § 2201

Availably Documents:

Trial Court Docket

Complaint (any)

Outcome

Prevailing Party: Defendant

Nature of Relief:

None

Source of Relief:

None

Form of Settlement:

Voluntary Dismissal

Content of Injunction:

Preliminary relief denied

Issues

Immigration/Border:

Employer sanctions

Employment

ICE/DHS/INS raid

Undocumented immigrants - rights and duties