Immigration Laws: Racketeer Influenced and Corrupt Organizations Act

摘要

Plaintiffs file a putative class action against a number of defendants who engage in various activities relating to oil and gas exploration and production on the Outer Continental Shelf (OCS). One group of defendants provide transportation services for merchandise going to and from the OCS and another group provides crew recruitment and contract labor services. Plaintiffs assert that both defendants regularly employ undocumented aliens in violation of the immigration laws that causes damages to American citizens and documented aliens. They also assert that the corporations are violating RICO (18 U.S.C. § 1962(c)). The various defendants file a motion to dismiss the complaint under Rule 12(b)(6). The complaint must be liberally construed in determining whether to grant a Rule 12(b)(6) motion. In order to state a RICO claim plaintiff must allege the conduct of an enterprise through a pattern of racketeering. A racketeering activity requires a showing in mis case of a violation of the Immigration and National Act (8 U.S.C. § 1324). The defendants argue that the INA does not apply to activities on the OCS since the OCS is part of the United States pursuant to the Outer Continental Shelf Lands Act (OCSLA). In reviewing the sparse precedent on this issue, the court finds that while the general rule is that the INA does not apply to the OCS mere are a number of exceptions to that rule which necessitate further factual exploration. Tiros the court refuses, at this time, to make a determination as to the applicability of the INA. In addition, the court finds that the "enterprise" requirement for RICO violations has been sufficiently pled. The court does, however, find that the plaintiffs cannot assert a claim under the OCSLA because that Act does not create a private right of action.