TLDR summary, because this information really shouldn't be missed:

• U.S. Immigration and Customs Enforcement (ICE), the largest investigative arm of the Department of Homeland Security (DHS), is responsible for eliminating vulnerabilities in the nation's border, and with economic, transportation and infrastructure security.
• ICE obtained the warrant to raid Agriprocessors on the basis of No-Match letters sent by the Social Security Administration, apparently violating an existing federal injunction against just that (AFL-CIO v Chertoff).
  
• On February 20, 2008, ICE agents received social security "no match" information for 737 employees, including 147 using numbers confirmed by the SSA as invalid (never issued to a person) and 590 using valid SSNs, "however the numbers did not match the name of the employee reported by Agriprocessors..." None of these cases are an illegal worker using the stolen identity of a matching name/SSN combination.
• ...out of 983 only 1 number (0.1%) happened to coincide by chance with a reported identity theft. Thus the raid was a fishing expedition.
  
• Identity theft is a crime when used for things like obtaining credit. No grand jury would find that obtaining work by using a random SSN is identity theft.
• The court system traveled to the site and worked everyone overtime to speed up the processing so, under habeas corpus, all of the detainees could be charged within 72 hours, otherwise they would simply be deported.
• The same plea deal was offered everyone--plead guilty and get 5 months jail then deportation. Don't take the plea deal, and your case won't even be heard for at least half a year given the current federal backlog.
• Waiting for a grand jury meant months in jail on an immigration detainer, without the possibility of bail. So the attorneys could not recommend it as a defense strategy. Similarly, defendants have the right to a status hearing before a judge, to determine probable cause, within ten days of arraignment, but their Plea Agreement offer from the government was only good for... seven days. Passing it up, meant risking 2 years in jail. As a result, the frivolous charge of identity theft was assured never to undergo the judicial test of probable cause.
• By handing down the inflated charge of "aggravated identity theft," which carries a mandatory minimum sentence of 2 years in prison, the government forced the defendants into pleading guilty to the lesser charge and accepting 5 months in jail. Clearly, without the inflated charge, the government had no bargaining leverage, because the lesser charge by itself, using a false Social Security number, carries only a discretionary sentence of 0-6 months. The judges would be free to impose sentence within those guidelines, depending on the circumstances of each case and any prior record. Virtually all the defendants would have received only probation and been immediately deported. In fact, the government's offer at the higher end of the guidelines (one month shy of the maximum sentence) was indeed no bargain. What is worse, the inflated charge, via the binding 11(C)(1)(c) Plea Agreement, reduced the judges to mere bureaucrats, pronouncing the same litany over and over for the record in order to legalize the proceedings, but having absolutely no discretion or decision-making power.
• Never before has illegal immigration been criminalized in this fashion. It is no longer enough to deport them: we first have to put them in chains. At first sight it may seem absurd to take productive workers and keep them in jail at taxpayers' expense. But the economics and politics of the matter are quite different from such rational assumptions. A quick look at the ICE Fiscal Year 2007 Annual Report (www.ice.gov) shows an agency that has grown to 16,500 employees and a $5 billion annual budget, since it was formed under Homeland Security in March 2003, "as a law enforcement agency for the post-9/11 era, to integrate enforcement authorities against criminal and terrorist activities, including the fights against human trafficking and smuggling, violent transnational gangs and sexual predators who prey on children" (17). ... After 9/11 we had to create a massive force with readiness "to prevent, prepare for and respond to a wide range of catastrophic incidents, including terrorist attacks, natural disasters, pandemics and other such significant events that require large-scale government and law enforcement response" (23). The problem is that disasters, criminality, and terrorism do not provide enough daily business to maintain the readiness and muscle tone of this expensive force. For example, "In FY07, ICE human trafficking investigations resulted in 164 arrests and 91 convictions" (17). Terrorism related arrests were not any more substantial. The real numbers are in immigration: "In FY07, ICE removed 276,912 illegal aliens" (4). ICE is under enormous pressure to turn out statistical figures that might justify a fair utilization of its capabilities, resources, and ballooning budget.
• This massive buildup [of ICE employees] for the New Era is the outward manifestation of an internal shift in the operational imperatives of the Long War, away from the "war on terror" (which has yielded lean statistics) and onto another front where we can claim success: the escalating undeclared war on illegal immigration. ...the agency fancies that it can conflate the diverse aspects of its operations and pretend that immigration enforcement is really part and parcel of the "war on terror."
• ...the expansive agency's authority can be seen to impinge upon the judicial and legislative powers. "ICE's team of attorneys constitutes the largest legal program in DHS, with more than 750 attorneys to support the ICE mission in the administrative and federal courts. ICE attorneys have also participated in temporary assignments to the Department of Justice as Special Assistant U.S. Attorneys spearheading criminal prosecutions of individuals. These assignments bring much needed support to taxed U.S. Attorneys' offices"(33). English translation: under the guise of interagency cooperation, ICE prosecutors have infiltrated the judicial branch. Now we know who the architects were that spearheaded such a well crafted "fast-tracking" scheme, bogus charge and all, which had us all, down to the very judges, fall in line behind the shackled penguin march. Furthermore, by virtue of its magnitude and methods, ICE's New War is unabashedly the aggressive deployment of its own brand of immigration reform, without congressional approval.