The Hill (Op-Ed)
By Rev. Randy Mayer and Christian Ramirez
October 9, 2015
The
clank of chains resonates through the federal courtroom in Tucson,
Arizona, as a group of 70 fathers and mothers, sisters and brothers
shuffle along with shackles
on their ankles linked to handcuffs on their wrists. This was just one
of hundreds of draconian, rapid-fire mass trials of individuals, most of
whom are only trying to reunite with their families in the U.S. or flee
persecution in their home countries. This
is the cruel and costly process of criminalizing migration, the most
egregious form of which is known as Streamline.
While
this version only happens in Tucson, brave people who make the decision
to risk life and limb to provide for their families or find safe haven
are now charged with
illegal entry and illegal reentry nationwide. Nonetheless, the district
of Arizona ranks second in the nation for immigration-related criminal
convictions.
When
lay leaders from the Good Shepherd United Church of Christ, a member-
organization of the Southern Border Communities Coalition, first
observed these proceedings
a few years ago, they were sickened by what they witnessed. Since
then, it has become our spiritual obligation to bring fellow people of
faith and conscience to the courtroom to be a quiet presence of
solidarity for the migrants who are corralled through
this unjust process. Over the years, we have watched the proceedings
become worse, with higher charges and longer sentences. Often the scene
is unbearable as the hopes of 70 families being reunited or finding
safety from persecution unravel with the word “Culpable”
or “Guilty” muttered by the individuals to the Judge.
Migrants
referred for these mass hearings meet with their court appointed
lawyers for fewer than 10 minutes and make hasty, pressured decisions
that impact their ability
to reunite with their families and pursue new opportunities. By the
glossy look in their eyes it is clear that most, if not all the people
facing charges in the courtroom, have not had their rights properly
explained and do not realize they are being subjected
to a system of excessive punishment. Yet this is the purpose of
Operation Streamline, to move so quickly that no one can object, to keep
individuals in the dark, and to erode the 5th amendment of the U.S.
Constitution which upholds due process as a fundamental
American value.
These
costly, unjust prosecutions for those hoping to be reunited with family
or seeking safety are lauded as a successful deterrent strategy by
Sens. John McCain (R-Ariz.)
and Jeff Flake (R-Ariz.) and other policymakers. If politicians took
the time to visit border communities and meet eye-to-eye with these
family members, as many of the humanitarian groups such as the
Samaritans, Kino Border Initiative, and No More Deaths
do on a daily basis, they would see how these proceedings violate our
nation’s basic principles of fairness and justice. A 2013 study by
University of Arizona students, In the Shadow of the Wall, found that
people will face any hardship to reunite with their
families. Love and family ties know no borders, and criminalizing the
basic human right to reunite with loved ones is shameful.
A
recent Department of Homeland Security Office of Inspector General
Report on Streamline found that Border Patrol is unable to demonstrate
that Streamline prosecutions
deter unauthorized migration. The report also found that Border Patrol
may be referring asylum seekers for criminal prosecution, a clear
violation of the government’s obligations under both domestic and
international law.
Operation
Streamline has also drastically increased the profits of corporations
that run both federal prisons and immigrant detention centers, some of
which have recently
started to jail mothers and children fleeing violence and persecution.
These private prisons receive about $3 billion each year in revenue.
Although the recent OIG report noted that government authorities do not
know how many millions of taxpayers dollars
are used to fund Streamline, estimates from the U.S. Marshals Service
indicate that the incarceration costs in Tucson alone amount to $63
million per year.
In
July, more than 170 civil rights, human rights, and faith-based
organizations urged U.S. Attorney General Loretta Lynch to end this
costly, ineffective, and immoral
program that erodes due process, violates human rights standards, and
contributes to the unethical practice of mass incarceration for a profit
in this country. Communities in the border region and faith communities
from around the country are united in saying
that this program needs to end.
For more information, go to: www.beverlyhillsimmigrationlaw.com
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