operation streamline

Today was probably the most difficult day of my experience so far.  In addition to it being unseasonably cold (coldest weather in Tucson in 60 years!), we started the day talking about the foundation of this country in class.  We discussed how classism, racism, and wealth were born, realizing that much of what happened when the European settlers came to this country just a few hundred years ago is happening today. 

We then rode our bikes to the court house to observe "Operation Streamline", a Bush-era immigration enforcement program that requires the federal criminal prosecution and imprisonment of all unlawful border crossers.  The "Operation" began in 2005 and immediately started conducting en masse hearings, during which as many as 80 defendants plead guilty at once.  This very clearly undermines the right to due process, especially because this is the first and only time that the defendants are seen before a judge.  Recognizing this, in 2009 the 9th circuit Court of Appeals held that Operation Streamline plea hearings in Tucson violate federal law.  Nonetheless, over a year later, the en masse hearings continue, and the changes that were made after the 9th circuit opinion were minimal.  (Now, the judge asks the defendants a few more questions to make sure they understand what will happen to them if they try to re-enter the U.S. at any given point in the future.) 

This $3.5 billion Operation, other than being in violation of federal law and dehumanizing hundreds of people each week, is regarded as an ineffective means of improving border security or reducing the amount of undocumented migrants that cross the border.  It is not solving any problem.

The Courtroom was huge.  There were benches lining three walls, and a big open space in the middle for the defendants to stand during their hearing.  Seventy defendants, all from Mexico or Central America, sat in benches next to each other.  It took me a second to realize what I was seeing.  I was completely horrified.  The men and women were sitting in separate rows, with metal chains around their waists and wrists, and shackles on their ankles.  These people had never seen a judge, and were presumably innocent; not one had yet pleaded guilty.  Yet they were in chains and literally could not move their arms.  This is not right.  Here we were, a group of 14 college students, observing this hearing and watching as 70 people in chains plead guilty. 

The government-issued lawyers represented 5 or 6 defendants, and all claimed to have spent "sufficient time" with their clients, though research indicates they spend 10-30 minutes with their clients.  The lawyers were well dressed and quite obviously had little interest in the well-being of their clients.  When asked by the judge the name of one of the lawyers' clients, the attorney responded, "uh...uh...Roberto?"  Even while looking at his papers, he could not recall the name of his client.  On several occassions, the Court listed an incorrect country of origin for the defendants.

Furthermore, none of the attorneys were paying attention during the hearing.  Almost all of them were talking with each other, loudly, texting on their blackberries, or napping.  They appeared to not be affected in the slightest by the sounds the chains were making as the defendants breathed in.  When the judge saw one defendant with his eyes closed, he said, "You!  Front row!  5th from the left!  Sit up and pay attention!  If you are too tired to continue with today's hearings, tell me now and we'll do this tomororow."  But the lawyers were allowed to nap.

The lawyers tell the defendants to plead guilty.  Always.  Defense attorneys estimate that 99% of Operation Streamline defendants plead guilty.  By doing so, they waive all their constitutional rights, and are sentenced to 15-180 days in prison before they are deported.  Additionally, they are not permitted to return to the U.S. ever--either legally or illegally.  If they are caught in the U.S. again, they will serve up to 2 years in prison.  Because this is the first time that the defendants appear before a judge, it is quite possible that some of these men and women are not guilty.  Some of them could be Legal Permanent Residents.  Yet they all plead guilty.

After the judge had briefly explained the consequences for re-entry, he asked, "Do you all understand what the consequences of your offense are?  If not, stand up and I will try to explain.  One man stood up and stated his name.  The judge asked his attorney, a tall, skinny woman, to attend to him.  She went over, whispered something to him in Spanish (by the way, only half of the attorneys spoke Spanish), and returned to her seat.  She told the other attorneys, "He said, 'I'm sorry for committing the offense'", and proceeded to laugh with the other lawyers. 

The judge asked groups of 5-7 defendants to stand before him at a time.  The attorneys stand behind their clients while the judge--through an interpreter--asks the defendants their country of origin and whether or not they entered the U.S. illegally.  All 70 of them, over the course of 2 hours, said, "culpable"--guilty. 

After their plea, the defendants--now criminals--are escorted out of the courtroom, hardly able to walk because of their chained ankles.  As they left, some of their lawyers shook their hands, and immediately applied hand sanitizer, watching their clients make their way to jail, along side Border Patrol Agents.

It was disturbing.  Here we were, 14 college students, sitting in this courtroom and able to do nothing.  Absolutely nothing.  When the hearings finished, we all walked out of the Courthouse and resumed our daily lives.  We were not escorted out in shackles, or taken to prison, or deported, or separated from our families, or chained. 

All we can do is observe and tell others.