Justice not served by dismissal

The trial of Sholom Rubashkin on federal immigration charges would have prosecuted a company executive. It also could have shed more light on our nation's immigration laws and how the ongoing neglect of meaningful reform continues to damage our state and national interests and hurt people.

But the trial won't happen. And that's wrong.

At the request of federal prosecutors, District Chief Judge Linda Reade on Thursday dismissed the 72 immigration charges against Rubashkin, former vice president of Agriprocessors, the Postville slaughterhouse that was raided by federal agents in May 2008.

Prosecutors' motion cited the expected expense of the immigration trial as well as the conviction last week of Rubashkin on financial fraud charges, which carry a heavier prison sentence - up to several hundred years - than those tied to the immigration charges.

The motion also contends the jury that just convicted him already would have believed Rubashkin violated immigration laws based on statements about illegal hiring made during that trial.

Those reasons aren't good enough to dismiss the immigration charges.

Without the trial, criticism about due process surrounding the government's expedited criminal proceedings against 389 people arrested on immigration charges will continue to fester.

Without this trial, Congress and the administration won't be reminded in a public way that problems with illegal immigration remain.

The Postville raid drew extensive national attention. At the time, it was the largest such raid on a single plant in U.S. history. Agriprocessors, largest employer in town and a major national producer of kosher meat, wound up declaring bankruptcy. Families of arrested and laid-off workers, as well as many community businesses, were devastated.

The national recession has slowed the flow of illegal workers into this country but the big picture hasn't changed. Our system is still broken. Employers must be held accountable if they hire and exploit illegal immigrants.

Immigrants who are no threat to national security must have a clearer path to work and live legally and responsibly in our country.

The federal government spent about

$6 million on the raid and associated costs of detaining and processing employees. Taxpayers deserve follow-through in the courtroom. An accused employer, not only the people who worked for him, also should be prosecuted.

Not having the immigration trial may save money. But it doesn't save face for the government. It only raises more suspicion, justified or not.

Prosecutors' motion did ask for dismissal without prejudice, which allows the government to reinstate the charges if it so decides. The government should so decide. Reasons abound.