ICE Investigation Continues After Suspected Illegal Immigrants Rounded Up At Lansdowne Resort

When Immigration and Customs Enforcement removed 59 suspected illegal immigrants employed at the Lansdowne Resort yesterday, it was the culmination of an almost nine-month investigation into the hiring practices at the upscale hotel.

Of the 59 workers arrested, two women were arrested but released for humanitarian concerns, which, according to ICE, includes consideration for single mothers, breast-feeding mothers, and those that are the single caregiver or support for their family. Another six employees were arrested outside of the Lansdowne facility, which employs some 500 people. Two have been charged with criminal violations, such as identity theft or obtaining genuine documents fraudulently. The other workers were arrested on the administrative charges of working illegally in the U.S.

Brandon A. Montgomery, of the ICE public affairs office, said the investigation into the working of the Lansdowne Resort began in July 2007.

"This has been described as a raid, but it's actually an extremely detailed operation," he said.

Montgomery said that investigations are begun if ICE sees inconsistencies in the employee paperwork that has been submitted by a company.

"There are several different triggers we notice," he said. Once an inconsistency is identified, the employer is notified and given an opportunity to resubmit forms and correct the problem. Often, Montgomery said, the situation ends there. In some cases, however, the inconsistencies continue or are not addressed and ICE continues to investigate on a larger scale.

Through analysis of I-9 employment forms, ICE agents identified information that led them to suspect that many of the Lansdowne employees were using fraudulent documents or had stolen someone else's identity to secure employment at the resort

"This really is based on a business model that a legitimate business uses to save money," Montgomery said about the Lansdowne arrests.

That came as a surprise to Cheryl Kilday, president & CEO of the Loudoun Convention & Visitors Association, who said she spoke with a Lansdowne Resort executive about the incident. Representatives from Lansdowne Resort could not be reached for comment.

"When you read the articles, there was a presumption that Lansdowne wasn't doing the right thing. Lansdowne was doing everything they could," she said. "I think first of all, they may use the term raid. But Lansdowne had been working with them since August. Lansdowne had been expecting them. They were cooperating in every way they could. This was something Lansdowne had been complying with."

ICE advised Lansdowne Resort to purchase and install new software, which management did, Kilday said. However, the software did not pick up the forged documents and other evidence that would point to illegal activity.

Kilday would like to see software in place that would act more as a tool to the hospitality industry and companies, which face this challenge.

"What we've learned is the employer is the one with the burden. That's a concern. The government can work with you and you still end up months later and you have people identified as being illegal. If someone is giving you false information, you can still have people that are arrested. The employer doesn't have all the tools the government has. Employers are concerned that they are being held to a standard they are not qualified to do. Is it the business responsibility or is it the government responsibility?"

The investigation into the situation is ongoing, Montgomery said. The arrested workers will be interviewed by ICE personnel, Department of Health and Human Services, Division of Immigration Health Services staff and offered access to Social Services to record any medical, sole-caregiver or other humanitarian situations. Montgomery said the investigation also is continuing on the corporate side, as ICE looks into whether there are any other violations occurring.

Some of the arrested workers will be held in facilities awaiting transfer to detention centers, while others will be released on their own recognizance or released with a GPS tracking unit. "We have family detention centers, criminal detention centers and administration detention centers," Montgomery said. "A lot of it depends on space availability."

The Loudoun County Sheriff's Office was on the ground Tuesday, assisting ICE with the arrests, spokesman Kraig Troxell said. Troxell said the sheriff's office was informed last week that the arrests were going to occur.

While ICE is still working to determine whether individual workers will be sent to detention centers or released, in all cases the undocumented aliens will be fingerprinted and processed for removal from the country.

Sustaining quality employees is a concern in Loudoun County, Kilday said, because of its low unemployment rate.

"Loudoun is enjoying a healthy employment base. It makes finding the service providers...landscapers, grounds crew, maids, it makes them harder to find," she said. "We've got workforce housing issues as well. In a service-based industry, which much of tourism is...we're trying to make sure we have a good strong employment base. Because of our immigration systems, they're going to have to replace those employees. No company wants to churn through employees."

Kilday does not believe the event will negatively impact visitor spending in Loudoun County.

"I'm sure to those people who lost their jobs yesterday it felt like a raid," she said. "To a consumer, it's not like it's an unsafe place or anything that would affect the visitor experience or not make them a good business partner in the community."