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A South Tucson meat market was visited by more than a dozen Immigration and Custom Enforcement agents on Tuesday, in response to a tip that the business might be employing undocumented people.

The 15 federal agents arrived at Beef Master Meat Market in a half-dozen marked and unmarked vehicles and delivered a judicial warrant seeking various documents.

A judicial warrant requires the recipient to allow law enforcement access to restricted or private areas at the work site.

Owner Marco Antonio López Sesma said the agents asked for documents like employee time cards. He said the agents told him someone had reported the business, located on West 29th Street near Interstate 10, to the Department of Homeland Security.

“I have always said this and I’ll say it again: (business) is going very well for us and many people are bothered by that,” Lopez told Tucson Spotlight in Spanish.  

Luis Campos, the business’ attorney, said this case is atypical from the way the process is typically conducted. 

“Given the operation and given the actual response, the number of agents used, it is highly surprising and unusual based on my experiences having done this for many years,” Campos said. “I would argue that it is over the top and I have to question the motives or the reasons for that. And one of the conclusions that I draw is that it's a tactic to intimidate not only the business owners, employees, and customers, but the community at large.”

ICE’s website has a page for people to tip off the agency about anyone they suspect to be in the country without legal status or businesses they believe employ undocumented people. 

Options for specific violations include child exploitation, exploitation of unlawful workers and human trafficking.

It also includes a section for the reporting party to provide “violator information.”

Arizona law requires that employers use the E-Verify system to verify potential employees’ employment authorization. They also must collect and store at least two forms of identification for all employees. 

The Immigration Reform and Control Act of 1986 made it illegal for an employer to hire anyone without work authorization. However, it did not criminalize work for people living in the U.S. undocumented. 

“Technically they’re supposed to go after the employer, but they don’t stop there,” said Shefali Milczarek-Desai, co-director of the Bacon Immigration Law and Policy Program. “The main focus of the enforcement action is oftentimes (the) deportation of the individual workers and not penalizing the individual employers.” 

Tucson Spotlight reached out to ICE for comment but did not receive a response.

Lopez and his family immigrated from Hermosillo to Tucson almost 30 years ago and have owned the meat market for 15 years.

They started out making burritos, and over a decade later opened a brick-and-mortar shop that has become a staple for people in the neighborhood. They sell homemade food and products from Mexico like candy, tortillas, salsas, canned food and spices. 

“We try to give people a little bit of Mexico, of what people are looking for,” said Lopez’ wife. “(They come) for our Mexican food products, Mexican chips, our Canadian beef and most of all our chicharron.”

Lopez acknowledges that his business has encountered ICE agents in the past, but in the form of regular customers.

“Many of them come here to eat,” he said.”They come here every day because they are my clients” - but his customers were not the ones that served the warrant.

Lopez complied with agents, but Campos questions the show of force used.

“Why do you need 15 armed agents, masked, rolling up on a (small) business?” Campos asked. “This is literally a mom-and-pop shop with just a handful of employees. Why do you need that show of force? This was not a dangerous situation.”

When ICE issues a Notice of Inspection to bring forth Forms I-9 and related materials from employers, that triggers an administrative audit. By law, employers are provided with at least three business days to produce the forms. 

In this instance, the owners produced the documents during the agents’ visit on Tuesday.

“These protocols are changing and they're not changing for the better,” Campos said. “I think what we saw yesterday falls in line with the proclamations coming out of the White House…  I think that the protocols which have been in place for many years are no longer the case, so we're going to see more and more of these unusual operations, these tremendous displays of force and strength.” 

From there, ICE reviews the records for compliance, which can take three to six months. If the agency finds “serious deficiencies” that call into question the validity of employment authorization, the employer is given a Notice of Suspect Documents. 

Employers are allowed to present additional documentation to demonstrate work authorization, but if they cannot provide that they may face fines up to $28,000 — though the consequences are worse for those working undocumented, who face possible deportation. 

“If we were serious about not wanting undocumented workers in the United States, then we would engage in reform, specifically expanding worker visas,” Milczarek-Desai said. 

La Indita, another Tucson business, was also recently targeted by ICE, with agents visiting the business and asking for company records that can prove employees are working legally. The restaurant was given three days to provide the documents. 

South Tucson Mayor Roxanna Valenzuela was also at the scene Tuesday, offering the owners support. She told Tucson Spotlight that there was no involvement by South Tucson police  or any other city department. 

“I‘m looking to see what tools we have available at hand or what policies we can develop as a city to protect our community,” she said. “I saw our community come together today in a very beautiful way and everybody just mobilized so quickly to make sure that no one was being harassed or intimidated even though there were limits to what we could see.”

South Tucson City Council has said multiple times that they will stand against ICE and with immigrants, even making an official statement at their January 7 meeting. 

Casa Maria Soup Kitchen, 352 E. 25th Street, is hosting a Know Your Rights session on March 27 at 5:30 p.m.

Tips for Businesses 

Business owners should be aware that any documents given to ICE cannot be taken back, the same as with statements made to a law enforcement officer. Attorney Campos and the National Association of Home Builders offer the following tips to employers:

• Consider conducting an internal audit of all Form I-9 employees.
• Document a uniform process for responding to ICE visits.
• Recognize what a judicial warrant looks like. You can use this article as a guide. 
  • If there is any incorrect information such as address, date or time, you are not obligated to comply with the warrant. 
• Have experienced immigration counsel on standby to provide guidance during and after an ICE visit. 
• Train personnel to speak to an ICE officer.
  • Ask for identification from the ICE officer. 
  • Ask for authorizing documentation such as a Notice of Inspection or a warrant.
  • Let ICE agents know the company is represented by outside counsel, or has a protocol for ICE visits.
• Take advantage of the full three-business-day response time permitted under law and consult with counsel, cross-referencing employment verification records against payroll roster. 

Susan Barnett is Deputy Editor of Tucson Spotlight and a graduate student at the University of Arizona. She previously worked for La Estrella de Tucson. Contact her at susan@tucsonspotlight.org.

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