The City Council agreed today to hold a hearing to look into the specific case of an immigrant construction worker whose boss allegedly reported him to ICE, which then arrested him with the help of Boston Police, after the worker was injured on the job and applied for worker's comp.
City Councilor Josh Zakim, who authored a 2014 ordinance that bans Boston Police from turning anybody over to ICE without a criminal warrant, called for the hearing. He cited the "really troubling claims" in a lawsuit filed against the Tara Construction for the alleged snitching - by the federal Department of Labor. He noted it's pretty bad when a Trump-administration department thinks a company went too far in turning in a worker rather than help him get care for a job-related injury.
Zakim added that beyond the Tara case, he wants to look at ways to improve the Boston Trust Act that he proposed, the council passed unanimously and Mayor Walsh signed. He said that Boston Police have "done an outstanding job implementing the letter of the act," but that after five years, it's time to look at ways to improve it.
He added that the act "makes us all safer," because if immigrants feel they can trust local police, they are more likely to talk to them in investigations into crimes.
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Comments
Thanks for reporting on this, Adam
By erik g
Wed, 03/13/2019 - 8:33pm
and my condolences on the shitshow of anon comments you’re about to be deluged with. Oh, and for Roman. Looking forward to him explaining that ICE agents are merely gut deutsch.
That's right
By Roman
Thu, 03/14/2019 - 10:22am
Let's have a liberal democracy with generous tax-payer funded benefits for all...and invite the whole world in. Idiot.
Did you know that the Nazis had electrical codes and parking regulations too?
I await your reasoned argument for why it's immoral to require GFI outlets in kitchens and bathrooms and why parking meters are The Man's way of keeping the underprivileged down.
News flash!
By perruptor
Thu, 03/14/2019 - 12:05pm
The Nazis also had running water and flush toilets!
WTF is your point?
Same as always
By Roman
Thu, 03/14/2019 - 2:01pm
That "Nazis did border enforcement" is not a reason for why border enforcement is bad.
Nazis also did border expansion at the point of a gun and ethnic cleansing in the extreme. But that was bad because it was bad, not because the Nazis did it.
Hm
By boo_urns
Thu, 03/14/2019 - 3:02pm
This doesn't seem to be a case of border enforcement so your point is irrelevant.
Let's remember where we started:
By Roman
Thu, 03/14/2019 - 8:27pm
ICE agents apprehend illegal border crossers. That seems to be the act that draws comparison to being Good Germans. Now you say this isn't about border enforcement. How exactly does apprehending illegal border crossers after they've crossed have nothing to do with enforcing a border?
I'm just wondering
By OriginallyFromD...
Thu, 03/14/2019 - 10:23pm
where Boston, Massachusetts, U.S.A. is bordered by another country?
Boston proper, I mean. Where BPD has authority and jurisdiction.
Extraordinary powers
By perruptor
Fri, 03/15/2019 - 6:18am
ICE has extraordinary legal powers within 100 miles of any national border. The Atlantic coast is such a border. More than 80% of Americans live within 100 miles of the border (you, for instance). The ICE powers of arrest and detention are generally controlled by the ICE agents' beliefs. If they believe a person is likely to be undocumented, they can act against the person. This has led to the deportation of a large number of US citizens, both naturalized and natural-born.
ICE doesn't do border enforcement.
By boo_urns
Thu, 03/14/2019 - 10:33pm
Case closed.
Boom! Well done, boo_urns!
By OriginallyFromD...
Fri, 03/15/2019 - 4:34am
[Smithers voice]
They weren't boo-ing you. They were saying "boo-order enforcement."
Like you would be
By anon
Fri, 03/15/2019 - 10:41am
If you came here as a refugee now?
Roman is President and CEO of the I GOT MINE SO FUCK YOU Club of Boston.
Roman is not the president, but a member of the
By Roman
Sat, 03/16/2019 - 12:16am
We Waited in Line, Asked for Permission to Enter, and Then Presented Our Entry Visa to Immigration When We Got Off The Plane Club of America.
But I'll gladly be the president of the FOLLOWING THE LAW IS NOT TOO MUCH TOO ASK Club of The World.
What you are obtusely
By Bob Leponge
Sat, 03/16/2019 - 12:58am
What you are obtusely refusing to acknowledge, is that in every society, there is the written law, and then there is the law as actually applied.
For many decades, the USA made it abundantly clear to the rest of the world, that we wanted the cheap labor, and that if you came here on a tourist visa, overstayed, got a job, paid your taxes, and didn't get in trouble, you were welcome irrespective of the fact that your presence here was in violation of the written law.
Now I don't happen to think that's a good thing: I think we ought to only enact laws that we mean to enforce, and that we ought to enforce the laws that we enact. But that's neither here nor there: the reality is that the unofficial rule was that being here illegally, so long as you worked and didn't commit crimes, was entirely OK. (remember that Congress chose not to make it a crime to be here illegally.)
Now if we want to change the rules, and say that we're going to start enforcing the laws that are on the books, and that it's no longer OK to come here and work in violation of our immigration laws, I'd be entirely OK with that, and I'd be OK with announcing the change and starting to deporting anyone who arrives after the announced change and remains illegally.
But what we're doing now is changing the rules retroactively and deporting the people to whom we loudly and clearly said that it was OK to immigrate without official permission.
So how do you get from here to there without
By Roman
Sat, 03/16/2019 - 10:56am
traversing the space in between?
If you set a magic cutoff date, and said anyone caught having entered after June 1 2019 is subject to summary deportation, what prevents several million people from marching across the border between now and then?
What prevents the fine people at the ACLU from filing lawsuits on behalf of the 100,000 people who are caught between June 1 2019 and June 30 2019 claiming that they really came across on May 31, and should be released pending the adjudication of their claims for asylum?
More to the point, if the government makes a mistake in its enforcement, you're still liable. If you underpay your taxes for years and get away with it, do you get to claim when you're audited that because audits of private citizens are rare, the audit is retroactive application of the tax code that was understood to be a wink-wink tax code at the time?
This was not a "mistake in enforcement"
By Bob Leponge
Sat, 03/16/2019 - 5:31pm
Our historical posture on illegal immigration was not a mistake in enforcement, it was conscious, deliberate policy.
I'm opposed to punishing people who were following what were clearly communicated as having been the rules at the time.
"investigate"?
By Cutter
Wed, 03/13/2019 - 10:41pm
That's kind of a strong word for the Council's powers. They're inviting people to appear at a hearing. They generally don't come up with anything more than the press already reported.
Or self imposed
By anon
Thu, 03/14/2019 - 4:39am
Pay raises.
Even far-left WBUR couldn't figure out illegal's name
By O-FISH-L
Wed, 03/13/2019 - 10:45pm
----
Naturally, far-left WBUR seems hostile to the employer for going to police when he believed the illegal immigrant was using multiple names. Then, at the end of the piece, WBUR sheepishly admits they couldn't figure out his name either. Hopefully both the illegal and the employer are punished for the crimes both committed. Councilor Zakim uses some twisted logic by suggesting (illegal) immigrants should feel confident in a police department that looks the other way on some crimes but will thoroughly pursue other, more politically correct investigations.
Illegal?
By SwirlyGrrl
Wed, 03/13/2019 - 11:21pm
You mean the name of the OSHA violation that led to the fall?
Or the name of the employment violation that led to the denial of benefits?
Your hate is illegal.
You have a little dick and
By thomas
Wed, 03/13/2019 - 11:50pm
You have a little dick and you hate brown people because of it.
Please don't
By adamg
Thu, 03/14/2019 - 12:09am
There are ways to refute somebody's argument without resorting to lame penis references.
Nah. This kinda person
By thomas
Thu, 03/14/2019 - 12:23am
Nah. This kinda person probably isn’t receiving the kind of real life ball busting they deserve. I have no sympathy for people who can’t see a man as a man and need to label them as “illegalâ€
Internet tough guys rarely get results
By adamg
Thu, 03/14/2019 - 3:03pm
There are ways to make your case without getting into arguments about somebody's physical characteristics.
Unless you are O-FISH-L's Domme
By OriginallyFromD...
Sat, 03/16/2019 - 9:02pm
then don't give O-FISH-L any precious SPH for free!
And even if you are O-FISH-L's Domme: make. him. pay.
*embroiders the word "Bigga" on the arm of my satin jacket*
By OriginallyFromD...
Fri, 03/15/2019 - 4:36am
Penis size & (male) anatomy anxiety has no place in discussions of Boston municipal politics!
Sometimes on here it seems
By anon
Thu, 03/14/2019 - 6:38am
Sometimes on here it seems that the longer the post the more the post just means "I hate brown people."
Bigotry is super trendy these days
By OriginallyFromD...
Thu, 03/14/2019 - 8:52pm
How petty and empty one's life must be to chase fleeting popularity and attention from strangers on the internet through xenophobia and bigotry.
As Cardi B says on "Clout":
Haha
By Sonicyouth
Thu, 03/14/2019 - 1:05pm
Haha
Being the "Bigga" person
By OriginallyFromD...
Thu, 03/14/2019 - 10:19pm
Merriam-Webster definition of "lame": having a body part and especially a limb so disabled as to impair freedom of movement
(Link source: https://www.merriam-webster.com/dictionary/lame)
Really shitty way to mitigate a WC claim...
By Friartuck
Thu, 03/14/2019 - 5:21am
From Tara Construction's home page:
"As Pedro Pietz likes to say, "Put your company's business in our hands and we will treat it as if it were our own,"
Seems like Tara's recruitment brand messaging should be:
"Put your career and personal safety in our hands and we will provide you with ICE when you injure those hands"
Cold, man
By MattyC
Thu, 03/14/2019 - 11:24am
The iciest of burns
You're being willfully ignorant
By lbb
Thu, 03/14/2019 - 8:46am
Tell us, Fishy, from the vast depths of your knowledge as a former BOSTON POLICE OFFICER: is it the job of BPD to enforce civil immigration violations? If so, did you also enforce regulations on ingredient labeling on potato chip bags?
Waiting on your expertise...
Semantics aside this could be an easy fix
By Pete Nice
Thu, 03/14/2019 - 10:50am
If the company was worried about this workers identity and whether some fraud could have been happening (was this person using someone else's name, SS#, DOB, etc for what ever reason), is the Boston police the correct agency to ask to confirm this information (using Registry databases, CP clear, or other databases available to Private investigators even)?
Maybe next time companies can just call the department in charge of workers comp fraud, and they can figure out the true identity of the individual.
I guess there are bigger questions: Should this company get in trouble for hiring this person in the first place if they new he couldn't work legally for them? Is this worker entitled to workers comp if he fraudulently attained the job?
Don't Make This Complicated
By Pete X
Thu, 03/14/2019 - 11:32am
Tara likely knew their employee was undocumented from day one, but only called ICE AFTER he got hurt on the job because they didn't want to pay workers comp. It's a win-win for them, aside from the fact that they will now no longer have to pay worker's comp for this gentleman, all the other unregistered immigrants working for Tara won't dare to file for compensation in the future.
No they probably didn't know the employee was undocumented..
By Pete Nice
Thu, 03/14/2019 - 12:35pm
And yes, it is complicated. How and why would they agree to hire someone who is undocumented and on the books at the same time? And the workers comp is not much for a company like this, but they didn't even have it, so legally they might actually be off the hook. I'm just asking, but you can't say it isn't complicated if this guy actually committed fraud in getting a job.
And I didn't see a link to the complaint either. (The company said they did'n't have workers comp insurance, so I'm assuming they don't have to, which means this person wouldn't get benefits anyway, so why would they file?)
I've got a bridge to sell you, officer
By Pete X
Thu, 03/14/2019 - 12:52pm
You think it's just coincidence they arrested the man immediately after filing for workers compensation? Give me a break.
His legality didn't mean anything when they hired him.
By Pete Nice
Thu, 03/14/2019 - 1:08pm
The problem is that they missed a workers comp bill, so now the money comes out of their own pocket. I don't think how he was hired has anything to do with the issue at hand. (I should say the second link indicateds that the company did not pay workers comp, so that makes things a little more clear).
Again, I'm asking questions. How can the guy file for workers comp if they didn't have workers comp?
Missing the Point
By Pete X
Thu, 03/14/2019 - 2:18pm
They shouldn't have called ICE on him to avoid paying for his injuries, which they are liable for whether the company had workers comp or not. Simple. Problem solved.
I'm not talking about your point.
By Pete Nice
Fri, 03/15/2019 - 7:40am
I'm asking questions. Was their fraud? If there was, this is a different issue than some company calling the BPD and then ICE about citizenship. Two different issues.
You say they called ICE, the article says they called a Boston detective who then notified an ICE liasion within the BPD.
And are you telling me the company is liable for this workers pay if the worker stole some dead mans SS number? Or if he used someone else's name and SS who isn't working or has another job?
Yes, they should be liable
By Pete X
Fri, 03/15/2019 - 9:55am
They only cared about the alleged fraud after he got hurt, hence the retaliation lawsuit. Weird how you keep focusing on the assumed crimes of the injured party and not on the shady business practices right out in the open.
I'm focusing on the unknown...
By Pete Nice
Fri, 03/15/2019 - 11:12am
How is that weird? I don't need to focus or waste anytime writing about my thoughts on why Tara Construction is run by a bunch of scumbags, because I don't want to or need to. Why are you focusing on what I'm trying to focus on? That is weird.
Nailed it
By Bob Leponge
Sat, 03/16/2019 - 1:03am
And that is precisely why many employers are entirely happy with the immigration status quo. Illegal immigrants work for less money, don't complain about harassment or workplace safety violations, and can be disposed of instantly when their continued presence becomes inconvenient for whatever reason.
As far as your last point goes
By Waquiot
Thu, 03/14/2019 - 2:31pm
It's not looking good for them that they "suddenly" decided to verify the immigration status of an employee. Frankly, I would say that DHS should be looking into them right now.
It's sad how messed up the system goes. Sectors of the economy mock our immigration laws by employing people that should be allowed to work in the country, then hold their immigration status as a cudgel over them. Of course, it also saddens me that the federal government has not taken a holistic approach to our current immigration policy, but that's politics for you.
Traffic Violation
By Don't Panic
Thu, 03/14/2019 - 1:47am
BPD would have us believe a traffic violation led to turning this man over to ICE. A traffic violation in Boston. The ever vigilant BPD rescues us again from the scourge of foreign traffic violators. I'm being sarcastic BTW.
trump's amurrikker
By Luke Warm
Thu, 03/14/2019 - 6:36am
love it, don't you Oafish-LOL? Where's Romaine?
How many other Departments
By anon
Thu, 03/14/2019 - 8:16am
Have officers assigned to ICE? Sounds crazy but does MSP and MBTA have officers assigned to ICE?
That's an important question...
By OriginallyFromD...
Thu, 03/14/2019 - 9:31pm
...and one that I think ACLU is looking into (per the WBUR article).
They aren't assigned, but are liaisons.
By Pete Nice
Fri, 03/15/2019 - 11:16am
So when ICE says they are going to arrest some guy who is in the country illegally on charges that he smuggled guns from NH to MA, and the Boston Police know the guy because he has a history of gun charges and gun issues in Boston, ICE and Boston share this info with each other before taking action.
If you put yourself at risk for filing a worker's comp claim
By me
Thu, 03/14/2019 - 8:19am
imagine the risk of reporting a crime against you, or sharing what you know about a crime you witnessed.
I've trashed Zakim before
By Will LaTulippe
Thu, 03/14/2019 - 12:07pm
But it sounds like he has a damn fine grasp of incentives in this matter. Aye, aye.
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