Friday, July 13, 2018

I never thought I would witness a mass trial in the United States (trip to Laredo TX, part 3)

Monday July 9, 2018:
I have no photos of the mass trial we saw, as photos are illegal in the courtroom, but this (illegally taken) photo published in June 2018 in various news publications accurately reflects the courtroom scene that we witnessed on July 9 in Laredo.  See http://www.businessinsider.com/leaked-photo-shows-alleged-37-illegal-immigrants-at-mass-trial-2018-6 


On Monday morning, our group went to Federal Court in Laredo TX to observe immigration cases.
I have no photos of this because it is illegal to take photos in the courtroom, but please look at this (illegally taken) photo and article - https://www.google.com/amp/s/amp.businessinsider.com/leaked-photo-shows-alleged-37-illegal-immigrants-at-mass-trial-2018-6 - , as it basically accurately represents what we saw: a group of more than 70 defendants in a mass trial for illegal border crossing.


The first thing the judge had to do was arrange the defendants in the courtroom in rows so that the taller people were in back and the shorter people were in front. Defendants we saw were mostly men but some women, almost all of whom appeared to be in their late teens or 20s, from Mexico, Guatemala, Honduras, and El Salvador.


Over the course of the morning, we saw some defendants wearing street clothes and some wearing orange jumpsuits; some were chained and some were not. (My guess is that this has something to do with whether it was a misdemeanor charge (border crossing as a first offense) or a felony charge (border crossing as a subsequent offense). The article says that the defendants were told to answer the judge's questions in unison - however, what we saw was each person answering the judge's questions, one by one, row by row: 'si si si si si si si si .....'. 'No no no no no no no ....'. (Defendants wore headsets for Spanish translation- though apparently some of them speak other regional languages and are not proficient in Spanish).


The article also says that the court-appointed public defenders have less than 2 hours to meet with all the defendants to prepare for the proceedings - translating to less than 2 minutes of individual time per defendant. This is exactly what we were told about the cases we saw on Monday, based on conversations with people who work at the court. (Yet every person, when asked 'do you fully understand the charges against you and the rights you are giving up by pleading guilty,' answered 'si si si si si si si si si si ....')


Obviously I am not a lawyer, and I have almost no experience in courtrooms, but I was disturbed by this scene that seemed so different from what I would expect from the American judicial system. The lawyers and law students in our group were especially appalled, with some saying that they felt they were witnessing due process violations.


All the people we saw pleaded guilty of illegally crossing the border between June 26 and July 6, by walking/swimming/taking a boat/raft/inner tube across the river (as they each pleaded guilty, one by one, they were asked to say how they crossed the border, and everyone answered using one of these means of border crossing), and the next step for them is 'removal proceedings' (i.e. deportation). It is possible that some of them will request asylum during that phase of the process. (from media reports, it seems likely that at least some of them are fleeing violence.) we don't know, however, about the quality of their legal representation and to what extent they understand this part of the process. As far as I can tell from my notes, 'asylum' was not mentioned even once in the court proceedings that we saw.






Presumably each of these people has a story that never got heard. Some of them may have been coming for economic opportunity; some may have been repeat border crossers but this is the first time they had been caught. Some may have been criminals or gang members. Some - especially those from Honduras, Guatemala and El Salvador- may have been fleeing desperate and dangerous situations in their home countries. But no aspect of their stories were part of these proceedings, other than their names, the dates that each crossed the river, and the means by which they did so. I presume that the court-appointed lawyers also did not have the opportunity to hear their stories.



When we asked Bishop Tomayo of the Diocese of Laredo how we can be most supportive to people in this region, he answered: "Tell their stories." This has been a theme of my trip here: everyone has a story. We met Border Patrol officers who were eager for us to understand that they are each individuals underneath their uniforms, and each one has a unique perspective and motivation for pursuing the work that they pursue. We met immigration activists who each have a story about how they came to be involved in this work. Even at the church in Sutherland Springs, not directly related to the rest of our trip, we met a number of people who were eager to share their stories of being in a community that is recovering from tragedy. And similarly, every person who makes the dangerous decision to cross the border illegally has a story of what brought him or her to do so. The first and most basic step is a small step - to listen to each person's story.








No comments:

Post a Comment