Fri, Jul 04, 2008

News Elsewhere

Panda eatery in the clear in ID-theft case

Sanctions for hiring illegal entrants don't apply, state DPS official says
By Brady McCombs and Becky Pallack
ARIZONA DAILY STAR
Tucson, Arizona | Published: 03.20.2008
Panda Express won't be punished under Arizona's new employer-sanctions law, despite having 11 illegal immigrants arrested on identity-theft charges this week at one of its North Side restaurants.
"This is strictly an identity-theft case," said Officer Quentin G. Mehr, spokesman for the state Department of Public Safety. "The investigation led to these employees. This didn't have anything to do with Panda Express."
Under Arizona's employer-sanctions law, which went into effect Jan. 1, a business can lose its state license if it is found to have knowingly or intentionally hired illegal workers.
But the DPS isn't considering charges under the law and doesn't plan to refer the matter to the Pima County Attorney's Office, which would investigate it under the state law, or to Immigration and Customs Enforcement, the federal agency that handles employer sanctions, Mehr said.
"I don't know what is going to happen with that; that is not the crux of our investigation," Mehr said. "This was not done with the intent of going after Panda. . . . We are not dealing with employer sanctions."
The County Attorney's Office has not received any reports on the case, said Deputy County Attorney Daniel Jurkowitz, who is leading the office's enforcement team on the new law. A complaint against a company employing illegal-immigrant workers could come from an agency or could be filed by a citizen, he said.
Immigration and Customs Enforcement hadn't been notified, either, spokesman Vincent Picard said. Its only involvement will be placing holds on the 11 people arrested and to seek deportation after the criminal proceedings, he said.
The case is based solely on identity theft, and it is unrelated to the state employer-sanctions law, said Andrea Esquer, a spokeswoman for the Attorney General's Office, which will handle the prosecution.
The 11 people were arrested Tuesday at the Panda Express at 2485 N. Swan Road, Suite 101, after a three-month DPS identity-theft investigation.
The eight men and three women were booked into the Pima County jail on suspicion of aggravated identity theft, a Class 3 felony that was created under a 2005 law that made it illegal to use a fake ID to get a job.
All 11 were employees at the Panda Express. They range in age from 21 to 56, Mehr said.
Investigators won't say what led them to the arrests, what types of fake IDs the suspects allegedly used to get jobs, or where they obtained them. Mehr did say that there are no known victims in the case. More arrests are possible, he said.
The California company that owns the restaurant said Wednesday that it continues to work closely with the DPS and that all of its restaurants in Arizona signed up for the E-Verify program in 2007. Under the new state law, employers are required to sign up for and use E-verify, a system that allows employers to check on whether they are hiring documented workers.
"If those arrested turn out to be undocumented workers, we will work with state and local authorities to ensure we comply with all applicable laws," Tom Davin, chief executive officer with Panda Restaurant Group Inc. wrote in an e-mail. "We will continue to use the E-Verify program as part of our immigration compliance efforts."
● Contact reporter Brady McCombs at 573-4213 or bmccombs@azstarnet.com. Contact reporter Becky Pallack at 573-4224 or bpallack@azstarnet.com.