U.S. Fines Market Chain Over Immigration Forms

U.S. authorities fined the Big Bear supermarket chain in San Diego $27,000 Tuesday for alleged paper-work violations of the 1986 immigration law.

The president of the San Diego-based chain immediately labeled the fine a “publicity stunt” and vowed to appeal, contending that his firm was in compliance with the law.

Federal officials said the $27,000 represents the largest of the more than two dozen fines imposed nationwide to date under the sweeping “employer-sanctions” provisions of the Immigration Reform and Control Act of 1986.

Moreover, the fine represented the first time that a company had been charged, even though its workers were in the United States legally, according to the U.S. Immigration and Naturalization Service.

Required Forms

Big Bear is accused of refusing to fill out the newly required immigration forms that every U.S. employer must maintain for each worker hired since Nov. 6, 1986, the day the new immigration statute was signed into law.

The documents, known as I-9 forms, attest to employees’ eligibility to work in the United States. Employers are required to ask workers for proof, such as Social Security cards, passports and visas and note the numbers of such documents on the I-9 forms.

The idea is to limit illegal immigration by cutting off job sources.

Big Bear, which employs more than 1,200 in its 35 stores in San Diego and Imperial counties, was charged with 135 record-keeping violations, covering all of its San Diego stores, officials said.

In the cases of 132 employees, the INS said, Big Bear refused to maintain the immigration forms in accordance with the law. In three other cases, the forms were filled out inadequately, the INS said. All of the 135 workers are believed to be in the United States legally.

“Big Bear officials were provided every opportunity to comply with the law, yet they chose not to do so,” Harold Ezell, Western regional INS commissioner, said at a San Diego news conference called to reveal the fine.

The INS said its agents visited Big Bear officials at least four times before imposing the fine. Dale W. Cozart, chief Border Patrol agent, termed the violations “egregious,” charging that Big Bear officials refused to cooperate.

But Larry Mabee, president of Big Bear, said that the firm had maintained adequate paper work for every person named in the list of violations.

“I think it’s a publicity stunt,” Mabee said. “What bothers me most is that they’re picking on someone who is complying with the law.”

Replied Ezell: “If it’s just a publicity stunt, I’m sure we’ll be seeing him in court.”

Big Bear has 30 days to appeal the fine and request a hearing before an administrative law judge.

The new immigration law provides civil and criminal penalties for employers who knowingly hire illegal aliens or refuse to maintain the newly required paper work.