A prosecutor. of course. has considerable discretion in selecting cases for prosecution. I would strongly urge that the Department of Justice not wait to bring a case against a person until he has committed many violations. The "pattern or practice" definition of criminal activity falls short of the more exact language contained in the original version of the Immigration Reform and Control Act of 1982. It is our responsibility to add meaning to the phrase "pattern and practice." In my view. a pattern or practice could be established after three offenses. Much will depend on factors such as: the percentage of illegal workers employed by a particular company. the time span in which the multiple violations occurred. the geographical proximity of the multiple violations. the extent a particular business or industry has relied on illegal workers in the past. and the historic use of illegal workers in the particular region of the United States in which the violation occurred.
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Immigration