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95 Iowa L. Rev. 323 (2009-2010)
An Iowa Immigration Raid Leads to Unprecedented Criminal Consequences: Why ICE Should Rethink the Postville Model

handle is hein.journals/ilr95 and id is 325 raw text is: An Iowa Immigration Raid Leads to Unprecedented Criminal Consequences: Why ICE Should Rethink the Postville Model Cassie L. Peterson* ABSTRACT: On May 12, 2008, Immigration and Customs Enforcement (ICE) conducted what was then the largest single-site immigration raid in U.S. history. The raid took place in Postville, Iowa. ICE arrested 389 employees, convicting 297 of them for fraud-related offenses. This marked a significant shift in immigration-enforcement policy toward criminalizing what were previously administrative violations. Critics faulted the Postville model, which included a patterned plea agreement, for being too secretive and improperly expediting the criminal process. These critics feared that ICE violated the detainees' due-process rights. This Note considers whether there were due-process violations and what the significance of a shift toward criminalizing immigration offenses means for unauthorized workers-and all other persons-living in the United States. I. INTRODUCTION ..................................................................................... 325 II. CONTEXTUALIZING THE POSTVILLE RAID .............................................. 326 A. A BRImF SYNOPSIS OF RECENT IMMIGRA TION LA W .............................. 327 B. IMMIGRA TION DISCOURSE TODAY ..................................................... 329 C. THE CREATION AND RISE OF ICE UNDER THE GEORGE W BUSH ADM INISTRATION ............................................................................ 330 D. WORKSITE IMMIGRATION RAIDS IMMEDIATELY PRECEDING P OSTVILLE ...................................................................................... 331 E. THE POSTV LLE RAID ....................................................................... 332 * J.D. Candidate, The University of Iowa College of Law, 2010; B.A., Luther College, Decorah, Iowa, 2006. I thank the editors and writers of Volumes 94 and 95 of the Iowa Law Review for all of their editorial assistance. A very special thanks to my parents, Marty and Charlotte Peterson, my sisters, Jessie and Anna, and my fiance, Drew, for their unending support of all my endeavors.

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