Suit over illegals OK'd for workers at Tyson Foods

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A federal judge has ruled that workers can file a class-action suit against Tyson Foods Inc. for depressing wages by hiring illegal aliens.

Howard W. Foster, a Chicago lawyer for the Tyson employees, described the ruling in Winchester, Tenn., as a "very big step," allowing him to seek damages for thousands of workers at eight plants -- including one in Glen Allen, Va. -- instead of just the four original plaintiffs.

The case, filed in 2002 under the federal Racketeer Influenced and Corrupt Organizations Act (RICO), is one of a growing number across the nation challenging illegal aliens in the workplace. In August, a temporary agency in California sued its competitors under the state's unfair-competition laws.

Mr. Foster has represented U.S. citizens seeking damages for wage depression caused by employment of illegal aliens in other cases, including one against Mohawk Industries and a class-action case against Zirkle Fruit Co., which has been settled.

"You can't bring these cases unless they get certified as class actions," he said yesterday.

"An individual person can't bring one -- it's not economically viable to do it. So it's important that it gets certified as a class action," he said.

An estimated 12 million to 20 million illegal aliens are living in the United States, making up a large part of the nation's work force.

In April, Homeland Security Secretary Michael Chertoff announced a nationwide crackdown to target employers who "knowingly and recklessly" hire illegal aliens, and those who help them find jobs.

His announcement coincided with news that more than 1,180 illegal aliens had been arrested during raids at 40 IFCO Systems North America Inc. plants. The Houston company is the largest pallet services company in the U.S.

Yesterday, Tyson Foods described the judge's ruling as "procedural," adding that it was "not based on the merits of this case, which was actually dismissed by another judge back in 2002."