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The former manager of El Cajon pleaded guilty on Wednesday to employing an undocumented worker. This is the pinnacle of federal investigations, including undercover and armed raids at powder coating and sandblasting companies earlier this year.
John Washburn, former general manager of San Diego Powder & Protective Coatings, was sentenced to one year of supervisor release, but was not sentenced to prison time as part of a judicial agreement, according to court records.
Washburn, originally charged with a felony, pleaded guilty Wednesday to one count of misdemeanors of hiring an undocumented worker.
The verdict comes after an armed federal agent attacked the El Cajon business in March. This is a decision that Washburn’s lawyers say has no other purpose than to “terrorize the community.”
“This wasn’t about enforcing some immigration laws,” said Patrick Griffin, a Washburn lawyer. “We were going to do that to send a calm effect to the community.”
Griffin criticized the federal authorities’ decision to pursue the charges against Washburn, saying that federal authorities used unnecessary amounts of resources to investigate the incident and subsequently attacked the El Cajon business.
“This is a monumental waste of resources for this,” he said.
As part of the judicial agreement, Washburn confirmed that he communicated with other managers about employees who had “bad documents,” according to a statement from the U.S. Lawyer’s Office.
According to the initial complaints filed against Washburn, the investigation included undocumented workers who worked with federal agents who recorded audio and video within the company, as well as undercover agents pretending to be workers who lacked appropriate documentation.
The immigrant workers who worked with federal agents were two to three weeks apart from them after they acquired legal immigration status, but were working for the company under a false name, according to the complaint.
In one recording captured by workers, Washburn showed that several workers knew they didn’t have documents to work in the United States.
When a worker asked about bringing in friends looking for work, Washburn reportedly said, “As long as you show me something, I don’t care.”
But Griffin said federal authorities appear to be targeting Washburn simply because he was an employee who spoke to workers who worked with officials.
“[Washburn] Griffin said. “They are prosecuting their managers.
Court documents show that San Diego Powder & Protective Coating often collaborated with military agencies as subcontractors, including at the time of the March attacks.
Jeremy Warren, the lawyer representing San Diego Powder & Protective Coatings, said the company completed a review of its employment practices after the March attack.
“The incident has led the SDPPC to review its policies and adopt best practices in employee employment and training,” Warren said. “All employees today are certified workers.”
Warren said that prior to the attack, all employees of the company received the same benefits, took personal leave, and taxes were withheld.
Three workers, considered undocumented, also lived in the company’s building, according to the complaint. There, meeting rooms had been converted into residential areas with beds, televisions, small refrigerators, microwaves and clothes racks.
Workers interviewed by federal agents said they were allowed to stay in the meeting room and were not charged rent.
The March operation in El Cajon took place a few weeks before a visible escalation of activities by Southern California immigration and customs enforcement. The ice attacks and detention over the past few weeks have focused on detaining and deporting fraudulent immigrants, apparently not targeting employers such as Washburn.
Masked ice agents have been reported throughout the area, raids in car washes, near homes, busy immigrant communities and more recently near Dodger Stadium, car washes, Home Depot parking and schools. The attacks sparked days of protest and arrests across Southern California.
Last week, White House spokesman Caroline Leavitt said immigration agents have detained 330 immigrants in Los Angeles and surrounding areas since the operation began in June.
According to complaints filed against Washburn, around 50 people were working in the company at the time, and about 15 of them appeared to lack legal authority to work in the US.
ICE officials did not immediately respond to questions about the situation of unlicensed workers identified in the March operation.
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