International Molders' and Allied Workers' Local Union No. 164 v. Alan Nelson, the Immigration and Naturalization Service, Defendants
Opinion
Opinion
Wright, J.
This action was instituted in April of 1982. Plaintiffs-appellees are a labor union, five employers and nine employees of Hispanic ancestry. They complain of the manner in which the Immigration and Naturalization Service (INS) conducted searches and made arrests in factories and other places where it believed illegal aliens were employed. Specifically, plaintiffs challenge the constitutionality of “factory surveys” occurring in northern California during the week of April 16, 1982, as part of “Project Jobs,” a nation-wide enforcement action against undocumented aliens.
Four years have passed since the inception of this action, but it has not yet been brought to trial. In March 1984, plaintiffs moved for a preliminary injunction to prohibit INS factory searches absent either voluntary employer consent, unprovoked exigent circumstances or a search warrant identifying specific persons suspected of being illegal aliens. Eighteen months after the motion was filed, the district court granted the requested preliminary injunction. 643 F.Supp. 884 . It denied a motion by INS requesting a stay pending appeal. INS timely appealed.