In Exchange for Records, Fewer Immigration Raids

"Most of the leaders of a walkout in November are on their list," said Leila McDowell, a spokeswoman for the United Food and Commercial Workers. "Whether ICE is consciously in collusion or not, Smithfield could very easily manipulate the process and can use it as a tool to intimidate and threaten workers, which it has done in the past and been found to have done so illegally."

Smithfield strongly denied the claim.

A number of businesses said they have no intention of joining IMAGE, citing the disruptive action at Smithfield. The arrests in North Carolina were the second unpleasant surprise in two months for firms that say they have tried to work with immigration enforcement agencies to hire legal workers, only to be raided.

In December, ICE rounded up 1,297 illegal immigrants in six states in raids on meatpacking plants run by Swift & Co., of Greeley, Colo. Swift's president and chief executive, Sam Rovit, criticized the arrests, saying the company has "played by the rules and relied in good faith" on the Basic Pilot program since 1997.

A Swift spokesman said the company is not participating in IMAGE, preferring to stick with Basic Pilot. Swift has a chorus of supporters among businesses that say they hire immigrants to do work that American citizens do not want, for pay that they will not take.

"There is no upside in signing up for new obligations," said Stuart Anderson, executive director of the National Foundation for American Policy and a former policy chief in the immigration agency. Businesses "end up not only with the current obligations of the law but new requirements," he said.

He compared it to "advising average citizens to drive up to their local police station to get frisked."

In November, ICE pitched IMAGE to the Essential Worker Immigration Coalition, which includes the U.S. Chamber of Commerce, the National Restaurant Association and other trade groups. Co-chair Laura Reiff was not impressed.

"We are loath to participate in a program with self-audits until we get comprehensive reform," Reiff said. "Business understands that it is going to rest on our shoulders to have to verify the employment eligibility of our workforce. We'll take on that obligation, but we can't have it outside of comprehensive reform where we get some assurances."

About 12 million illegal immigrants live in the United States, and unauthorized workers make up 5 percent of the nation's workforce, according to business lobbyists. They mostly fill agriculture, meatpacking, hospitality and construction jobs. Employers say a large reduction of immigrant workers would hurt their businesses and raise the prices of consumer goods.

In last year's immigration debate in Congress, business and advocacy groups sided with bipartisan comprehensive legislation in the Senate that would allow illegal workers to remain in the country if they turn themselves in, pay a stiff fine for crossing the border illegally, learn English and go to the back of the line for a guest-worker program.

Last week, immigration officials pitched IMAGE to the National Council of Agricultural Employers. The presentation included a slide about the vulnerabilities of "allowing illegal aliens to exploit employment opportunities," said Craig Regelbrugge, a spokesman for the American Nursery & Landscape Association and the Agricultural Coalition for Immigration Reform.

After the presentation, Regelbrugge raised his hand. "I can save you a lot of time," he recalled telling ICE officials. The vulnerabilities are "the existence of 1.6 million job opportunities, many of which are seasonal and intermittent," he said. "Virtually no Americans are applying to work in the fields."

He added: "We really can't focus on partnering with you until we have a solution."

Staff writer Spencer S. Hsu contributed to this report.