What, a 3-Year Delay in Freeing Slaves? : Federal authorities have many questions to answer about El Monte illegal factory case

Last week’s raid that freed 74 Thais from peonage at a squalid factory in El Monte did more than just beam light into the dark world of modern-day slavery. It also put attention on the Immigration and Naturalization Service and the U.S. attorney’s office in Los Angeles, both of which knew of the El Monte operation more than three years ago and did not act.

An affidavit prepared in 1992 and disclosed in a Times column by Robert Scheer told of suspected abuses at the apartment complex, where workers were confined behind barbed wire. INS Agent Richard Kee accurately reported that illegal Thai immigrants were being held, were deprived of their passports and were forced to sew garments. During a three-week surveillance, agents saw “no normal domestic activity.� Kee wrote that the only traffic out of the premises consisted of three vans transporting clothing to S&P; Fashions at 1330 W. 11th Place in Los Angeles.

Still, not much happened. According to the office of U.S. Atty. Nora Manella, an assistant U.S. attorney told Kee he lacked sufficient probable cause for an arrest warrant and urged him to dig further. When Kee could not find more, the case was closed.

Fast-forward to 1995. On the basis of new tips, both the INS and California state authorities began new probes. They shared information, including the 1992 affidavit, and state officials asked the INS to join a raid. Once again, the INS declined. According to the U.S. attorney’s office, the federal government did so because the standard for obtaining a federal warrant is different from that for a state warrant and because the INS could be attacked legally by the defense in any resulting trial for using state action as a pretext for uncovering federal crimes. So the INS stood aside, leaving the federal government to acquire a major criminal case of immigration violations by virtue of state actions.

The question now, given how well-organized the Thai exploiters were, is how many other peonage operations, including prostitution, still function in Southern California and elsewhere. State Labor Commissioner Victoria Bradshaw thinks relatively few.

It also is worth asking how many legitimate companies, how many legal workers, have gone out of business or lost jobs because of competition from human slavery.

State officials speculate that the INS declined to join the El Monte raid because it wanted to wait for the INS commissioner, Doris Meissner, to arrive to take credit or that East Coast news organizations were not invited to witness the raid. Federal officials dispute such suggestions.

Whatever the case, the fact is that federal agencies knew that people were held in virtual slavery, toiling in our midst for three years. During that time, the number of victims grew from 45 to 74. When the factory was ultimately busted, all manner of agencies participated--state and federal labor agents, the L.A. city attorney, the L.A. and El Monte police departments. Standing on the sidelines was the INS. The public should get a better explanation of why, and fast.