Tuesday, July 15, 2008

Our Rights Are Being Used Against Us

"Interpreting after the Largest ICE Raid in US History: A Personal Account" by Erik Camayd-Freixas, Ph.D. is online. It's recommended reading, excerpted here today. Federal court hired Camayd-Freixas to interpret proceedings for the nearly 400 meatpacking workers apprehended by ICE in Postville, IA May 12. Four days later, he found himself in a state penitentiary to translate for the court-appointed attorney:

"... While we waited to be admitted, the attorney pointed out the reason why the prosecution wanted to finish arraignments by 10am Thursday: according to the writ of habeas corpus they had 72 hours from Monday’s raid to charge the prisoners or release them for deportation (only a handful would be so lucky). The right of habeas corpus, but of course! It dawned on me that we were paid overtime, adding hours to the day, in a mad rush to abridge habeas corpus, only to help put more workers in jail. Now I really felt bad. But it would soon get worse. I was about to bear the brunt of my conflict of interest.

[Readers familiar with this story from past posts here already know info in the next paragraph and can skip ahead.]
It came with my first jail interview. The purpose was for the attorney to explain the uniform Plea Agreement that the government was offering. The explanation, which we repeated over and over to each client, went like this. There are three possibilities. If you plead guilty to the charge of “knowingly using a false Social Security number,” the government will withdraw the heavier charge of “aggravated identity theft,” and you will serve 5 months in jail, be deported without a hearing, and placed on supervised release for 3 years. If you plead not guilty, you could wait in jail 6 to 8 months for a trial (without right of bail since you are on an immigration detainer). Even if you win at trial, you will still be deported, and could end up waiting longer in jail than if you just pled guilty. You would also risk losing at trial and receiving a 2-year minimum sentence, before being deported. Some clients understood their “options” better than others.
That first interview, though, took three hours. The client, a Guatemalan peasant afraid for his family, spent most of that time weeping at our table, in a corner of the crowded jailhouse visiting room. How did he come here from Guatemala? “I walked.” What? “I walked for a month and ten days until I crossed the river.” We understood immediately how desperate his family’s situation was. He crossed alone, met other immigrants, and hitched a truck ride to Dallas, then Postville, where he heard there was sure work. He slept in an apartment hallway with other immigrants until employed. He had scarcely been working a couple of months when he was arrested. Maybe he was lucky: another man who began that Monday had only been working for 20 minutes. “I just wanted to work a year or two, save, and then go back to my family, but it was not to be.” His case and that of a million others could simply be solved by a temporary work permit as part of our much overdue immigration reform. “The Good Lord knows I was just working and not doing anyone any harm.” This man, like many others, was in fact not guilty. “Knowingly” and “intent” are necessary elements of the charges, but most of the clients we interviewed did not even know what a Social Security number was or what purpose it served. This worker simply had the papers filled out for him at the plant, since he could not read or write Spanish, let alone English. But the lawyer still had to advise him that pleading guilty was in his best interest. He was unable to make a decision. “You all do and undo,” he said. “So you can do whatever you want with me.” To him we were part of the system keeping him from being deported back to his country, where his children, wife, mother, and sister depended on him. He was their sole support and did not know how they were going to make it with him in jail for 5 months. None of the “options” really mattered to him. Caught between despair and hopelessness, he just wept. He had failed his family, and was devastated. I went for some napkins, but he refused them. I offered him a cup of soda, which he superstitiously declined, saying it could be “poisoned.” His Native American spirit was broken and he could no longer think. He stared for a while at the signature page pretending to read it, although I knew he was actually praying for guidance and protection. Before he signed with a scribble, he said: “God knows you are just doing your job to support your families, and that job is to keep me from supporting mine.” There was my conflict of interest, well put by a weeping, illiterate man."
There you have it: our "rights"--in this case habeas corpus--being used against us, if you can consider yourself on the same side as a weeping, illiterate man. It is a heart-breaking story. The world is populated by billions of men like this one, living on $1-$2/day. May we allow this story to break our hearts...and then grow stronger in the broken places to act for justice.
To assist families stranded in Postville, send tax-deductible checks payable to "St. Bridget's Hispanic Ministry" to St. Bridget's Hispanic Ministry, St. Bridget's Church, P.O. Box 369, Postville, IA 52162.


eProf2 said...

It was in our paper this morning that there would be a large protest gathering in Postville. I wish you luck!

We may be having our own protests here in the PHX area as Sheriff Joe continues his crusade to arrest "illegals." 23 yesterday in Mesa, 19 over the weekend, and numerous other single arrests in Maricopa County. This morning he was quoted as saying, "go back to your own country; we don't want you here." God, I wish he would stop speaking for all of us!

Border Explorer said...

Ooooh! Protest! I hadn't heard that yet, eProf. Thanks for the info; I hope I can attend.

Sheriff Joe is a disgrace; the people who support him (of which I'm aquainted with many) are also a disgrace. My sympathies for having that obnoxious person in your face. Let's us throw his quote back at him: we don't want his sorry behind representing us.

I really appreciate you keeping the arrest tally info updated here. I can get blinded by Postville and forget that this is happening all the time, every day, and each arrest is just as devastating to yet another family.

Border Explorer said...

Here's the AP story to which eProf referred as it appears in one IA newspaper. My heart always sinks when I read the comments people leave on these newspaper websites.

eProf2 said...

If you want to see some push back on a story, go to POV on the Hernandez documentary and read them. Just awful!

Question: Wasn't Barack Obama's claim to fame was that after law school he was a community organizer? I mean no disrespect but if he was a community organizer why wouldn't he want to go to Postville and state his objections to ICE and LaMigra? Has he moved so far beyond his work roots? His appearance would really put the exclamation point on the protest rally. Silly me, I know he won't be going as he might lose some votes.

Border Explorer said...

Last year I read Obama's Dreams from my Father. At the time I was a confirmed Kucinch fan, with Edwards in 2nd place. Obama's book opened me up to him. Yes, I respect his community organizing. I like that he has immediate family in Africa. But I wonder if the "ivy league" changed him for the worse. I am puzzled, ticked, dismayed and alarmed by his recent political moves. (He was never great on the topic of immigration, IMHO. I think you're right: it all comes down to votes.