The U.S. Immigration and Naturalization Service (INS) has made significant progress toward meeting its obligation to manage illegal immigration at America’s borders. But the challenge of illegal immigration goes far beyond the border, reaching into the nation’s interior. The promise of employment is a key factor in drawing a vast majority of undocumented workers to this country.

In the past, the INS sought to address this issue by arriving in force, often unannounced, to arrest and remove large numbers of illegal aliens. For example, in 1991 more than 300 workers were arrested at a meatpacking plant in Grand Island, Nebraska.

Over the years, however, INS has found that arrests of unauthorized workers alone, without a comprehensive strategy to reduce the undocumented population, has not been particularly effective in combating illegal immigration. As a result, INS has developed an interior enforcement strategy designed to maximize the effectiveness of its limited interior enforcement resources, complement its border management strategy and target those factors which most contribute to the presence of illegal aliens in the interior of the United States.

This new strategy is reflected in Operation Vanguard, an enforcement initiative that focuses on the meatpacking industry in the Midwest.

Though Operation Vanguard was designed out of a need to find more effective methods of meeting our obligation to enforce immigration laws, a secondary result has been a way of doing business that is much less disruptive, both to employers and to those aliens who are working without authorization. These factors will be discussed later in this document. First, a brief description of Operation Vanguard and how it works.

Goals and Methodology

Through active dialogue with employers, INS has found that voluntary compliance is high, but, because of fraudulent documents, employers have difficulty verifying the employment eligibility of their workers. Illegal workers with counterfeit documents continue to be drawn to the United States. Employers who make a good-faith effort to comply with the hiring laws may still have significant numbers of illegal workers, most of whom present a variety of counterfeit or fraudulently obtained documents that employers are unable to detect.

Operation Vanguard seeks to remedy this situation through and investigative system that focuses primarily on documentary evidence. The operational phases of Vanguard include:

• Identification: INS requests from employers and reviews, through a "clearinghouse" process, all employment eligibility verification forms (I-9s) for discrepancies which may indicate unauthorized employment.

• Notification: INS provides the business owner with a list of employees for which discrepancies were identified. Employees whose names are on the list are also notified by INS through the employer.

• Interview: INS interviews the employees for whom discrepancies were identified and resolves issues of concern. If the discrepancies are valid, then INS moves to the next phase. If records that indicated a discrepancy are incorrect, the employee will not face any further action by INS.

• Action: If lawful employment is not validated, INS arrests the unauthorized worker.

• Maintenance: In order to establish an effective monitoring process, the above four steps will be repeated every 45-90 days beginning with records of those hired after the last identification step.

Update and Results

Operation Vanguard has completed its first four phases in Nebraska.

Of the 111 meatpacking and processing plants initially contacted in Nebraska, employment records for 24,148 employees were gathered from the meatpackers. About half (51) of the 111 plants were small operations where no employees were identified with discrepancies, or which had gone out of business. Of the remaining 60 plants, 36 were identified as having employees whose records had discrepancies and who required identification and interviews. This was accomplished during the period of May 3 to June 3, 1999.

Of the 24,148 employees whose records were gathered, 4,495 were found to have discrepancies that required INS interviews. Subsequently, 3,152 individuals self-terminated their positions, 303 were excused absences or no-shows, 1,042 were interviewed by INS, and 34 were ultimately apprehended. Some of the employees who self-terminated may have left their jobs because of the traditionally high turnover in the industry; others may have left because they did not have authorization to work.

Operation Vanguard is currently on hold as the INS explores ways to improve its "clearinghouse," the data-mining center where document discrepancies are unearthed and tabulated.

Operation Vanguard and Human Rights

The INS is fully committed to the human rights of all people we encounter, and to ensuring each person understands the full range of legal due processes available to him or her. This commitment is reflected in our procedures for processing those apprehended by the INS, whatever the reason, and is strengthened by many aspects of the Operation Vanguard process.

First I will discuss procedures that pertain to all persons apprehended by the INS, then elaborate as to how Operation Vanguard enhances and reinforces these practices.

Discrimination by employers

The 1986 law that made it illegal to knowingly hire undocumented aliens also included provisions for penalties for employers who discriminate against people on the basis of national origin or citizenship status in hiring, discharge, recruitment, assignment, compensation, or other terms and conditions of employment. Since the passage of this law, the Service has conducted an ongoing public education campaign about its provisions, including the anti-discrimination portions. In addition, the booklet all employers use to fill out forms I-9 (Employment Eligibility Verification) contains a clear explanation of the anti-discrimination provisions of the law.

The law also directed the Department of Justice to set up an Office of Special Counsel in Washington, D.C., which for years has aggressively investigated charges of discrimination. The telephone number for the Office of Special Counsel is 800-869-4499.

Rights of those arrested

Each person arrested is given access to full due process of the law. Legal options are clearly explained to each arrested person, in English or Spanish. If the person speaks a different language, arrangements are made to ensure he or she fully understands the options available. In addition:

Each person has the option to call their consular office, and each is asked if he or she believes they will face harm if returned to their country of origin.
Each person is given the right to a hearing before an Immigration Judge.
Each person is given the names and telephone numbers of organizations that offer free or low-cost legal services.
On a case-by-case basis, friends or family may bring money or a small amount of possessions to those in INS detention.
A telephone that permits unlimited outgoing collect calls is mounted inside each of our detention rooms.
Also in each room, next to the telephone, is a poster that clearly explains, in English and Spanish, the INS complaint process (see below).
Finally, it has long been our policy that when we remove an undocumented alien from the workplace, we insist the employer pay the employee all wages owed.
All our officers are highly trained professionals and receive mandatory instruction in civil and human rights matters. As a manager, I take every opportunity to reiterate the Service’s commitment to fair and humane treatment of all those we come in contact with. I am confident of our employees’ awareness of, and respect for, civil and human rights.

If anyone believes, however, that his or her rights have been violated by an employee of the Immigration and Naturalization Service, we urge that person to report the incident immediately.

Complaints can be filed directly with our INS district office in Omaha, or with the INS Office of Internal Audit in Washington, D.C. A complaint form (in English and Spanish) is available upon request at any INS office.

In addition, posters are displayed in all INS facilities (including detention areas) that clearly explain the complaint process in both English and Spanish. These posters contain a toll-free telephone number for the Department of Justice Office of Inspector General: 1-800-869-4499.

Public information

We have engaged, and will continue to engage, in open dialogue with the meat packing industry and the community, and will carefully consider each and every comment. Meetings were held with leaders of the meat packing industry and community-based organizations at the outset of Operation Vanguard. Since then, we have participated in meetings with community leaders, members of the clergy and social service agencies. We will continue these efforts throughout the implementation of the operation.

The Omaha INS has for years been a leader in reaching out to the community. We continue to hold frequent community workshops across Nebraska, traveling to communities where immigrants live to answer questions, conduct interviews, and assist in filling out forms. And, while we continually seek additional staff with which to improve customer service, our waiting times are shorter than most other INS offices nationwide.

INS practices and the 1998 Santiago SOA Declaration

There are several ways in which the concepts behind Operation Vanguard support the 1998 Santiago Summit of the Americas Declaration. Among them:

The Vanguard process is largely non-confrontational. Instead of arresting and physically removing large numbers of people, it seeks to remove the "magnet" that draws them into the country in the first place.
The Vanguard process focuses enforcement actions primarily on documentation, not on questioning people. This reduces the possibility that someone who has legal status will need to be questioned by the INS.
During traditional worksite enforcement operations, some people may be temporarily detained if there is a question as to their legal status. (Though required to carry documentation with them, many permanent residents do not.) Under Operation Vanguard, the workers know in advance exactly when and where the INS will meet with them. They will therefore have the chance to bring all documentation with them, and if they choose, may have legal representation present.
The Office of Special Counsel (OSC), the branch of the INS that investigates charges of discrimination by employers, has been engaged in the Operation Vanguard process since its beginning, and present at many public gatherings. We have worked with them to ensure that employers understand that they must not discriminate in hiring practices on the basis of national origin or citizenship.
As stated earlier, when an alien is arrested, we ensure that all wages owed him or her are paid in full by the employer. In addition, we exercise flexibility to allow those who need to make arrangements for the disposition of personal property to do so.
We recognize the rights of U.S. citizenship and nationality of the children of those we apprehend. We frequently exercise discretion in enforcement when it comes to those who are responsible for the care and well-being of their children.
The INS is greatly concerned about the abuse and exploitation suffered by aliens at the hands of smugglers. One of our priorities is to disrupt and dismantle smuggling organizations that traffic in human cargo, which are callous toward the health and safety of those they transport. In addition, Operation Vanguard is one way we can "turn down the employment magnet" that draws people who often turn to smugglers to the Midwest.