While I do not doubt the authority of the U.S. Immigration and Customs Enforcement in conducting a raid on Agriprocessors, of Postville, Iowa, I do question the kangaroo-court style of prosecution of undocumented aliens for criminal charges.
On May 12, 2008, federal agents swept into the Agriprocessor plant and arrested 389 workers. Of those captured that day in May, almost 300 of them were charged with felony counts of fraudulent use of Social Security numbers and aggravated identity theft.
According to a statement made to CNN, the court interpreter, Erik Camayd-Freixas, complained, "There was no presumption of innocence."
Camayd-Freixas was further quoted as saying, "The truth is that nothing could have prepared me for the prospect of helping our government put hundreds of innocent people in jail."
Camayd-Freixas felt that those arrested pleaded guilty to the charges often not knowing specifically to what they were pleading
According to Federal law, a person charged with identity theft has to knowingly take the "identification of another person with the intent to commit, or to aid or abet, any unlawful activity that constitutes a violation of federal law."
ICE's affidavit was vague on that point, describing workers going to a third-party source for documents.
Many of the workers were sentenced to 7 months in jail, yet they were not properly advised of the nature of the charges. Many of these workers have lived in the United States for an extended time period and many have US citizen children.
While the prosecution against Agriprocessors for child labor violations and for employer sanctions is appropriate, the inclusion of criminal charges and the lack of due process marks an ill-spirited and misdirected campaign against these vulnerable migrant workers. If they are undocumented, make humane arrangements for their return.
These workers are not terrorist, nor are they criminals. Their only intent is to take jobs no US worker will take, receive their minimum wage, and send much of their earnings to help support their families here and in Mexico. They deserve due process and fair treatment. When we mistreat these workers in this fashion, we diminish our character as a nation.
Wednesday, October 15, 2008
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