Sam Andrews' Sons v. Mitchell

MEMORANDUM OF DECISION AND ORDER

FACTS

Plaintiffs, SAM ANDREWS’ SONS, are a general partnership engaged in lettuce and melon growing. In harvesting their produce, plaintiffs historically have relied heavily upon a labor force composed of Mexican citizens who com *36 mute daily into the United States from Mexico. The aliens enter this country by use of the so-called “green cards”, i. e. Forms 1-151, Alien Registration Receipt Card. Under 8 C.F.R. § 211.1 such “commuter aliens” are permitted to use the green cards in lieu of immigrant visas. However, 8 C.F.R. § 211.1 (b) (1) prohibits use of green cards when the user comes into the country with the intention of accepting employment at a place where the Secretary of Labor has determined that a labor dispute exists or of continuing employment which commenced at such a place subsequent to the date of the Secretary of Labor’s determination. On June 26, 1970, the Secretary of Labor certified that a labor dispute was in progress at the plaintiffs’ place of business. Subsequent thereto, officers of the Border Patrol visited the fields of the plaintiffs and interviewed employees with the apparent purpose of determining which, if any, of…