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What Really Happened in Postville Print E-mail
Wednesday, 09 July 2008
After participating in court hearings and attorney-client meetings following the Postville, Iowa, raid, interpreter Erik Camayd-Freixas was compelled to document the injustices he witnessed as shackled workers were paraded through improvised courtrooms over a period of seven days at the National Cattle Congress in Waterloo, Iowa.

 

Camayd-Freixas' essay was posted today at The Sanctuary.

 

The denial of due process for the detained workers, and its possible deadly consequences, become apparent early in Camayd-Freixas' account:

By now, the clients had been sent to several state and county prisons throughout eastern Iowa, so we had to interview them in jail. The attorney with whom I was working had clients in Des Moines and wanted to be there first thing in the morning. So a colleague and I drove the 2.5 hours that evening and stayed overnight in a hotel outside the city. We met the attorney in jail Friday morning, but the clients had not been accepted there and had been sent instead to a state penitentiary in Newton, another 45-minute drive. While we waited to be admitted, the attorney pointed out the reason why the prosecution wanted to finish arraignments by 10 am 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.

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.

...

We worked that day for as long as our emotional fortitude allowed, and we had to come back to a full day on Sunday to interview the rest of the clients. Many of the Guatemalans had the same predicament. One of them, a 19-year-old, worried that his parents were too old to work, and that he was the only support for his family back home. We will never know how many of the 293 Guatemalans had legitimate asylum claims for fear of persecution, back in a country stigmatized by the worst human rights situation in the hemisphere, a by-product of the US-backed Contra wars of 1980s' Central America under the old domino theory. For three decades, anti-insurgent government death squads have ravaged the countryside, killing tens of thousands and displacing almost two million peasants. Even as we proceeded with the hearings during those two weeks in May, news coming out of Guatemala reported farm workers being assassinated for complaining publicly about their working conditions. Not only have we ignored the many root causes of illegal immigration, we also will never know which of these deportations will turn out to be a death sentence, or how many of these displaced workers are last survivors with no family or village to return to.

Camayd-Freixas pieces together the government's logic in charging these workers with the serious crime of aggravated identity theft (and later goes on to point out that their cases do not even fulfill the full legal definition of that charge).  As anguishing as the workers' stories described in the essay are Camayd-Freixas' accounts of how the government's carefully orchestrated plea agreement prevented the judges who heard the cases from even being able to judge whether the charges and punishment were justified.

[T]he 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. As a citizen, I want our judges to administer justice, not a federal agency. When the executive branch forces the hand of the judiciary, the result is abuse of power and arbitrariness, unworthy of a democracy founded upon the constitutional principle of checks and balances.

The essay reveals details about the proceedings following the raid that have otherwise been hidden from public knowledge, and confirms concerns that legal advocates had early on about the content of the plea agreements. What is particularly moving about Camayd-Freixas' essay is that it shows his growing solidarity with the Postville workers as he learns more about our country's broken immigration system and witnesses how its injustices destroy the lives of hundreds of innocent men, women, and children.

 

Please take the time to read the full essay.

 
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