Class Action Turns Inhuman Immigration Raid Into Social Justice Victory
Courageous workers; Isabel Zelaya, Geronimo Guerrero, Catarino Zapote Hernandez, Martha Pulido, Carolina Romulo Mendoza, and Maria del Pilar Gonzalez Cruz inducted into Class Action Hall of Fame.
It started as a day like any other but then ICE raided a Tennessee meatpacking plant. Lacking any individualized information about the workers in the plant, federal agents and Tennessee law enforcement conspired to detain every worker who looked Latinx without regard to citizenship or documentation. The officers also used excessive force.
For Carolina, “the day before the tragedy was like any other day. I went to work and back home. Emotionally, I was doing well, I was fine together with my family. In the poultry plant where I worked, everything was normal and calm. No one was worried about immigration or thought that anything like that would happen. In Morristown, which is a growing and bustling town, we viewed ICE raids as something far from us, something that didn’t happen here. No one had any idea what was going to happen.
On April 5, 2018, officers and ICE agents surrounded the Southeastern Provisions plant and we were aggressively arrested and discriminated against based on our country of origin. Only the Latino workers were arrested while white workers were left alone. As the raid was happening, I felt very scared especially because of the way the agents acted towards us workers. Agents were yelling at us, grabbing us aggressively, and had their weapons drawn.
We decided to bring this lawsuit because our rights were violated as immigrants and as human beings. We as workers were traumatized by the way we were treated, and our families suffered as well.”
Taking up the story, Catarino continues: “Some of the high moments of the case were when the attorneys gave us hope; they were very attentive and gave us information about our rights as immigrants. They gave us hope to continue on with our collective action. Another high was when they let me know that I would be able to return to the US and be back with my family—all thanks to the lawsuit.
One low of the case was that it was rather long and towards the end it felt like we were not going to be able to succeed with any part of the case. Another low was when they let us know that there was a possibility that we could lose the lawsuit. This was one of the moments that I felt like there wasn’t going to be any justice for us although we did nothing wrong, we were just working. Another low was when I had to leave the country due to an order from a judge. This was a very low point for me because I didn’t know what was going to happen with the case especially since the case was in the US and I was in another country. I was able to carry on was thanks to the attorneys who assisted us at every moment. They were attentive, informed us and advised us every step of the way throughout the case. They also encouraged us throughout the whole 5 years that the case went on. We knew that we could count on them at any time for whatever doubt we had, that gave us relief and encouraged us to keep on fighting for justice.
The day that the case was resolved, I felt very happy and pleased to know that we had won the case and that justice prevailed not only for me but for every one of my fellow workers. And I was even more glad to know that I was being given the opportunity to return to the US and be back with my family. I felt like that would have been impossible but after a few years I was going to be able to return.
The settlement was something special for me. I felt that justice prevailed and that everyone who went through the horrors of that day were given back a bit of joy and justice. I believe the settlement is something special not only for me but for many others who are in this country, this was something historic that showed us that if we fight for justice together we can succeed and have justice for everyone who is going through something similar to what we experienced and in the future.
Some of my dreams are to continue to be in this country and work legally. I hope to reach my goals such as buying a home and starting a business. I hope to continue to be united with my family.”
Carolina agrees: “My dream for the future is to be able to have a dignified job where I can be respected, and I can work without fear of being persecuted by ICE. I hope to be able to help others who are experiencing the same thing that I’ve lived through.”
The Zelaya v. Hammer plaintiffs came forward during a time of intense fear in their community. Violent workplace raids like the one they experienced have the purpose and effect of traumatizing immigrant workers and making them afraid to speak out against injustice. They remained steadfast over nearly four years of litigation and secured unprecedented relief for their community. By the time the case was over, the Biden administration had committed to ending workplace immigration enforcement.