INTEREST OF AMICI CURIAE

     The purpose of this brief is to illustrate the enormous change in the immigration enforcement environment in the decade since Congress amended RICO to explicitly add alien smuggling, harboring and hiring as predicate crimes. Counsel for all parties have consented to the filing of amicus briefs in support of either party and their letters of consent have been lodged with the Clerk.1
     Petitioner Mohawk Industries, Inc. (“Mohawk”) emphasizes the possible impact of the decision below on “routine corporate” operations. See, e.g., Pet’n, at 17 (“The rule [below] would, in effect, make a broad range of routine corporate conduct actionable under RICO.”) (emphasis added). The several amici who filed briefs in support of Petitioner similarly emphasize the “routine” nature of Mohawk’s conduct. “Mohawk has done nothing more than conduct a routine and essential business task.” Brief of the National Association of Manufacturers, et alia, as Amici Curiae in Support of Petitioner (“NAM Amici Br.”), at 7 (emphasis added).
     Amici filing this brief believe that the “routine” behavior alleged in this case was intended by Congress to be illegal, and that Congress amended RICO in 1996 to cover precisely this “routine” behavior. Amici believe this case offers the Court an opportunity to protect RICO’s purposes and fulfill Congressional intent to protect American workers.

Read complete brief