2009: Agriprocessors decision causes disappointment - Immigration charges dropped in case

[Editor's note: This story was originally published in The Gazette's Friday, November 20, 2009 edition.]

The Agriprocessors immigration trial would have shed light on the broken immigration system and how a town was left in ruin, a Postville minister says.

Rev. Steve Brackett, of St. Paul Lutheran Church, was disappointed Thursday after hearing news that the 72 immigration charges against Agriprocessors and former company Vice President Sholom Rubashkin were dropped.

The charges stemmed from the largest on-site immigration raid at the Postville kosher meatpacking plant in May 2008. More than 389 illegal workers were charged and convicted before the government pursued charges against management.

"Some hoped the trial would bring out what happened and the stories of the people involved would be told," Brackett said.

Rep. Bruce Braley, D-Waterloo, said he was "extremely" disappointed the charges were dropped.

"If crimes are committed, they should be prosecuted to the full extent of the law," Braley said.

The government filed a motion Thursday to dismiss the immigration charges, including harboring and aiding and abetting the harboring of illegal immigrants for profit. U.S. District Chief Judge Linda Reade granted it without prejudice, so the government can reinstate charges at will.

According to the motion, the dismissal was based on expense and last week's conviction of Rubashkin on financial fraud charges which would outweigh sentencing guidelines if he were found guilty of the immigration charges.

The jury verdict on the fraud charges last week in Sioux Falls, S.D., could mean a prison sentence of hundreds of years for Rubashkin , 50.

Guy Cook, Rubashkin 's attorney, said he welcomed the dismissal because Rubashkin has denied any criminal actions from the start. A motion for a new trial will be filed next week and an appeal will be pursued if that fails.

Postville leaders said they didn't want the trial to punish Rubashkin , they just hoped it would bring national attention to immigration problems.

Rev. Paul Ouderkirk, of St. Bridget Catholic Church in Postville, said the criminal charges are only half the story. People's lives were ruined after the raid shut down the meatpacking plant, he said.

"What's the cost of human suffering and pain?" Ouderkirk said. "They didn't have this because of cost. Since when is there a price on justice? It's just more politically correct to not address this (immigration issue)."

Brackett said the trial would have brought up "irregularities" in the due process of illegal workers charged in the raid. The illegal workers were arrested, charged and taken through mass sentencings within a few weeks of the raid.

Brackett said the dismissal leaves a question of what will happened to the material witnesses who have been in jail for 18 months.

"They haven't been allowed to go home because they were going to testify. Will they now be deported?"