6 alien workers face deportation

The Department of Labor has uncovered an illegal employment scheme that may result in the deportation of six alien workers.

Labor hearing officer Herbert Soll found that the workers applied for labor permits despite knowing that there were no legitimate jobs to be had as a result of the applications.

Those referred to the Division of Immigration are Leonardo C. Andoque, Brigida B. Leal, Estrella A. Lantoc , Temistocles A. Oring, Amelia A. Teodoro, and Liberty Viscaya.

The administrative order issued by Soll stemmed from the Division of Labor’s decision to deny the applications for the six nonresident workers. The denial came after the purported employer, Gloria K Temael and Jeannelle’s Plumbing Inc., submitted a letter on Feb. 10, 2004 asking the division to cancel the applications.

Each of the workers appealed the Labor Division’s decision.

At the hearing, it was found that Temael filed the applications as part of a plan, engineered by third persons, to give the six workers a mechanism to remain in the Commonwealth. Temael’s testimony supported this conclusion, Soll said.

“The employer did not have a functioning business and did not represent that she [has a business] to any of the appellant/employees. She did not interview any of them or outline any work duties; in fact, she did not meet them prior to signing the applications,” the hearing officer noted.

Soll added that the workers know that there were no legitimate jobs waiting for them. Yet, each of them testified that they believed the jobs were legitimate.

“For their demeanor and responses given during testimony, I find that they were aware of the deception that was being executed,” Soll said.

Therefore, he affirmed the Labor Division’s decision to deny the labor permit applications for the six workers. He also ordered that the permits for Leal and Orin, which were issued and not released before the scheme was discovered, be cancelled.

“All six appellant /employees, who were acting in self interest if not desperation, nevertheless participated in a material misrepresentation to the Department of Labor and shall not be allowed to transfer or work in the Commonwealth,” Soll said.

He did not impose any sanctions against Temael, as she was “a nominal party” in the denial case. Temael, he noted, was not appealing and had no interest to be served by the hearing.

However, the Department of Labor may file a labor case against Temael if it wants to seek sanctions against her.