Maximino Garcia, president of a company that employed hundreds of illegal immigrants in Wilmington, Ohio, was sentenced to fifteen months in jail and ordered to forfeit $12 million in gains yesterday by U.S. District Judge S. Arthur Spiegel. According to prosecutors, through his company (Garcia Labor Company Inc.), Mr. Garcia had more than 900 illegal immigrants using invalid Social Security numbers who worked for his temporary labor companies. Â
These individuals provided services for a range of companies. This included providing nearly illegal 400 temporary laborers to including ABX Air Inc., a Wilmington air cargo company (a former subsidiary of DHL Airborne). Allegedly the Social Security Administration issued warnings about the invalid numbers in 2002, 2003 and 2004, but prosecutors say Garcia took no action.
Commentary: This represents the largest forfeiture ever in an illegal labor case.  The size of the fine and the term of jail sentence are reflections of the increased enforcement emphasis on immigration laws by prosecutors and the Department of Homeland Security.  In our opinion, ABX Air is lucky that it was not directly charged itself considering the current climate of heightened controversy over immigration and labor.
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