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Posted: 7:28 p.m. Wednesday, Feb. 15, 2012
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By Natalie Tripp
EL PASO, Texas —
Ice Castles Too Learning Center has eight days left until the day care owes $40,000 towards a fine incurred from missing I-9 forms.
In July of 2009, Alejandrina and Raul Delgado, owners of Ice Castles, were approached by an Immigration and Customs Enforcement agent asking about I-9 forms. I-9 forms are used to verify the employment eligibility of employees and track any civil or criminal restrictions. Although the couple did not have the I-9 form required for every employee, they did have the information required on the form, but the lack of an I-9 form is worth a heavy fine. The day care was originally slapped with a $179,000 fine, but it was eventually lowered to $40,000 because ICE didn't find any violations in it's audit of the daycare center, according to the Delgados.
The $40,000 is due Feb. 23 and the Delgados have reached out to a variety of sources to intervene. They wrote to local Congressman Silvestre Reyes asking him to launch an investigation into the I-9 enforcement, and they've also petitioned ICE to let them pay the fine $1,000 at a time to prevent further harm to their business.
"if they make me do it that's fine, but I'm not going to stop here," said Alejandrina Delgado. "We're not illiterates, we know our rights, and we're going to continue to push this because that's not fair."
Congressman Reyes sent this statement to KFOX regarding the plea for a congressional investigation:
"I am committed to helping all constituents of the 16th Congressional District of Texas with any federal issue and federal agencies. The office will continue to work with the Immigration and Customs Enforcement Agency and the Delgado family regarding this matter. In addition, I will work with the local business community to raise awareness about the I-9 form and compliance process. Should any member of the community need information, please feel free to contact my office at 915-534-4400 or visit my website at www.reyes.house.gov."
Leticia Zamarripa, public affairs officer for U.S. Immigrations and Customs Enforcement in El Paso, said part of the Delgado's frustration comes from a misunderstanding of the process.
"When you get a speeding ticket, the police officer may give you a fine, but you don't pay the fine to the police department," said Zamarripa, noting that Burlington Finance Center handles the actual monetary fines for ICE. "You'd have to go to court to debate the fine. You also can't pay that fine in several payments."
The Delgados also said they felt the fine was so high because ICE suspected the day care had money due to its success.
"They were asking about our finances when they were investigating the I-9 forms and I kept telling them, 'that's not relevant to the supposed crime,'" Delgado said.
The couple said they'd pay the fine if they had to but not a cent more than required, which may take a loan, but the Delgados say they will not close the daycare.
"We have to keep this business going," said Delgado. "Because all these parents depend on us, and all of these children."
Ice Castles Too Learning Center employs 60 people and serves about 200 children.
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