Howard Foster Reports A Victory Against Illegals` Employers

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Reasonable Chinese Immigrant Reflects On 9/11; Peter
Brimelow Responds

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Psst! Wanna Join A Class Action Suit Against
Employers of Illegal Immigrants?

Illegals` Employers Meet RICO Doomsday Machine

Howard Foster

As you may remember, the Wall
Street Journal
devoted a third of its editorial page
to attacking my

against employers of illegal immigrants some
months ago ("RICOing
Immigrants" April 18, 2002
). They were quite
apprehensive about the impact of RICO litigation against
their allies in the corporate
world based upon my

successful appeal
Commercial Cleaning Services v. Colin Service Systems,

the nation`s first civil RICO case for employing illegal

Now Mr. Gigot has more to worry about. The Ninth Circuit
Court of Appeals has adopted the Second Circuit`s
reasoning and reversed the dismissal of Mendoza v.
Zirkle Fruit Co., another RICO case. This one was a
class action on behalf of all U.S. citizens who were
employed by two Washington State apple orchards, on the
theory that the orchards

depressed their wage rates
by employing illegal
Mexican immigrants.

By reversing the dismissal, the
Ninth Circuit (opinion
authored by Republican appointee Judge Margaret
McKeown) has opened the door to a great many U.S.
citizens to sue their employers for

wage depression
under RICO–probably the most
powerful weapon

private citizens
have to punish companies for
employing illegals.  

Expect more such lawsuits soon –
and further expect the Sixth Circuit to reverse the
dismissal of my case against Tyson Foods.

September 16, 2002