Former Agriprocessors CEO suing government over FOI request

Former Agriprocessors vice president Sholom Rubashkin is suing a government agency for non-compliance with a Freedom of Information request regarding the 2008 immigration raid at the Postville meatpacking plant.

Rubashkin filed a FOIA request in February, and after three follow-up letters in July and August by Rubashkin's attorney, U.S. Immigration and Customs Enforcement hasn't complied with the request for documents on why and how the raid was conducted and “any and all information” related to the raid, according to the suit.

There were nearly 400 illegal workers arrested in the May 12, 2008 raid, and the 163 criminal charges which Rubashkin faces in federal court stem from that raid. Rubashkin is accused of harboring illegal immigrants, document fraud, aiding and abetting, bank and wire fraud, money laundering, and failing to pay for livestock on time.

A trial is set for half of the charges dealing with financial offenses Oct. 13 in Sioux Falls, S.D., and the remaining charges dealing with immigration offenses will follow it.

The lawsuit is asking for “immediate processing and release” of ICE records requested.

The lawsuit contends ICE was required to notify Rubashkin of its decision on whether and how it would comply, reasons for the decision and to inform Rubashkin of his right to appeal within the 30 days as required under the statute.