Over two dozen migrant minors found working illegally in Ohio poultry plant

Oct 23, 2023

Lauren Taylor Anchor

By Lauren Taylor (Anchor), William Jackson (Producer), Brian Spencer (Video Editor)

As U.S. meat processing plants face labor shortages, they rely on migrant workers to bridge production gaps. Some of these migrant workers, however, are actually minors who are working illegally.

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In October, federal agents discovered over two dozen minors, reportedly from Guatemala, working unlawfully at a Kidron, Ohio poultry plant.

NBC News reported that these minors were allegedly performing meat processing and sanitation roles at Gerber’s Poultry Processing Plant.

U.S. labor law prohibits anyone under the age of 18 from working in meat processing facilities due to the high risk of injury.

In this Dec. 12, 2019, file photo workers process chickens at the Lincoln Premium Poultry plant, Costco Wholesale's dedicated poultry supplier, in Fremont, Neb. U.S. wholesale prices rose 0.3% in August 2020, just half the July gain, as food and energy prices decline. The Labor Department said Thursday, Sept. 10 that the August advance in the producer price index — which measures inflation before it reaches consumers — followed a 0.6% surge in June which was the biggest monthly gain since October 2018. (AP Photo/Nati Harnik, File) — Source: AP Images.

Video evidence on TikTok depicted Homeland Security and the FBI surrounding the plant, checking identification, and inquiring about sanitation procedures during their investigation.

No arrests were made, and the legal consequences for Gerber’s Poultry Processing Plant remain uncertain.

Marisa Darden, the lawyer representing Gerber, declined to comment on the allegations when asked by NBC News, stating, “We don’t have any comment at this time. We are cooperating, we just can’t talk about it.”

The incident serves as a stark reminder of the ongoing labor and immigration challenges in the United States.

Past violations

In July, a 16-year-old Guatemalan migrant died while cleaning machinery at a poultry plant in Mississippi.

In February, Packer Sanitation Services Incorporated paid $1.5 million in penalties after the Department of Labor found it had illegally employed over 100 children aged 13 to 17.

Advocates and lawyers noted that some child workers for Packer Sanitation were unaccompanied minors who crossed the southern border.

Proposed U.S. legislation

Friday, Oct. 20, U.S. Sens. Brian Schatz, D-Hawaii, and Todd Young, R-Ind., introduced the bipartisan Stop Child Labor Act, aimed at curbing illegal child labor.

Stop Child Labor Act:
Increase child labor violation civil penalties to:
$5,000 minimum – $132,270 maximum for routine violations;
$25,000 minimum – $601,150 maximum for each violation that causes the death or serious injury of a minor
Create criminal penalties for a repeat or willful violation of child labor laws to include a fine of up to $50,000 and a year in jail

The proposed legislation seeks to raise maximum fines for violations, create new criminal penalties, enable victims affected by violations to bring forth private lawsuits, and promote cooperation between employers and government agencies to prevent child labor violations proactively.

Allow children harmed by violations of the law to seek compensation
Permanently establish a National Advisory Committee on Child Labor
Start a grant program aimed at helping employers recognize, avoid, and prevent child labor violations

In fiscal year 2023, the Department of Labor reported 955 cases with child labor violations, with nearly 200 of those involving hazardous occupation violations.

A food sanitation company has paid $1.5 million in penalties after The Department of Labor found it illegally employed over 100 children. — Spurce: Reuters

Tags: child labor laws, Department of Homeland Security, FBI, Immigration, Labor, Labor Department, Migrant children, Ohio State

U-S MEAT PROCESSING PLANTS, IN NEED OF LABOR, RELY ON MIGRANT WORKERS TO BRIDGE PRODUCTION GAPS. WITH THE RISE IN CENTRAL AMERICAN MIGRATION, SOME MINORS ILLEGALLY ENTER THIS WORKFORCE.

THIS MONTH, MORE THAN TWO DOZEN MINORS WERE FOUND WORKING ILLEGALLY IN A KIDRON, OHIO POULTRY PLANT REPORTEDLY FROM GUATEMALA. N-B-C NEWS REPORTS THE MINORS WERE ALLEGEDLY ENGAGED IN MEAT PROCESSING AND SANITATION ROLES FOR GERBER’S POULTRY PROCESSING PLANT.

U-S LABOR LAW PROHIBITS ANYONE UNDER 18 FROM WORKING IN MEAT PROCESSING FACILITIES DUE TO HIGH RISK FOR INJURY.

VIDEO EVIDENCE ON TIKTOK SHOWED HOMELAND SECURITY AND THE FBI SURROUNDING THE PLANT, CHECKING IDENTIFICATION, INQUIRING ABOUT SANITATION PROCEDURES, DURING THEIR INVESTIGATION.

NO ARRESTS WERE MADE AND LEGAL REPERCUSSIONS FOR GERBER’S POULTRY PLANT REMAIN UNCERTAIN.

MARISA DARDEN, THE LAWYER REPRESENTING GERBER, DECLINED TO COMMENT ON THE ALLEGATIONS WHEN ASKED BY N-B-C NEWS, STATING, “We don’t have any comment at this time. We are cooperating, we just can’t talk about it.”

THE INCIDENT SERVES AS A STARK REMINDER OF THE ONGOING CHALLENGES RELATED TO LABOR AND IMMIGRATION ISSUES IN THE UNITED STATES.

IN JULY A 16-YEAR-OLD GUATEMALAN MIGRANT DIED WHILE CLEANING MACHINERY AT A POULTRY PLANT IN MISSISSIPPI.

AND IN FEBRUARY – PACKER SANITATION SERVICES INCORPORATED –

PAID 1-POINT 5 MILLION DOLLARS IN PENALTIES AFTER THE DEPARTMENT OF LABOR FOUND IT HAD ILLEGALLY EMPLOYED MORE THAN 100 CHILDREN RANGING FROM 13 TO 17 YEARS OLD.

ADVOCATES AND LAWYERS STATED THAT SOME CHILD WORKERS FOR PACKER SANITATION WERE UNACCOMPANIED MINORS WHO CROSSED THE SOUTHERN BORDER.

IN FISCAL YEAR 20-23 THE DEPARTMENT OF LABOR REPORTED 9-HUNDRED-55 CASES WITH CHILD LABOR VIOLATIONS NEARLY 200 OF THOSE CASES WERE HAZARDOUS OCCUPATION VIOLATIONS.