Wal-Mart Pays $11 Million to Avoid Federal Criminal Charges Related to Operation Roll Back

On March 14, 2005, the United States filed a lawsuit against Wal-Mart Stores, Inc. under federal immigration law. Click here to review the complaint.

Under that part of the immigration law (Title 8 Section 1324a(f)(2) of the U.S. Code), the U.S. Attorney General may sue an employer who either directly hires unauthorized aliens or who does so through a contractor only if there is reasonable cause to believe that the employer engages in a pattern or practice of hiring undocumented workers.

The same day the U.S. government sued Wal-Mart, Wal-Mart signed a Stipulation in Compromise and a Consent Decree was entered settling the litigation. Under the Consent Decree, Wal-Mart agreed to pay $11 million to the United States. This is reported to be the largest amount ever recovered by the United States in connection with the employment of undocumented migrant labor.

None of the $11 million will be paid to janitors who worked at Wal-Mart.

The Consent Decree also contains a five-year permanent injunction barring Wal-Mart from knowingly hiring, recruiting, and continuing to employ aliens who are not legally authorized to work in the United States.

Click here to review the Stipulation in Compromise and the Consent Decree.

Operation Rollback

On October 23, 2003 agents of the United States Government carried out nationwide raids on 60 Wal-Mart Stores in 21 states. Close to 300 men and women working as janitors in these stores were arrested. Called 'Operation Rollback', these raids were one of the largest coordinated immigration round-ups ever. It has been publicly reported that there is a criminal investigation underway as well and that Wal-Mart has been named a target of that investigation.