The ABC of Agriprocessors

Nearly seven months after their Postville processing plant was raided by Immigration Customs and Enforcement (ICE), Agriprocessors pled not guilty on all charges Friday, December 5, 2008. Their lawyer, who phoned in to make the plea, did not mention the plight of the 389 unauthorized immigrants or their families (http://www.desmoinesregister.com/article/20081205/NEWS/81205033). He didn’t highlight the fact that these hard workers were steered into cattle barns and misled to believe that if they admitted all charges against them the process would somehow be easier and more lenient. Agriprocessors’ attorney didn’t mention their Nebraska plant that closed down or the Chapter 11 bankruptcy the company filed on November 4 to “reinvigorate the company,” according to their bankruptcy lawyer Kevin Nash. (Preston, Julia. New York Times)

The saddest aspect of Agriprocessors’ court proceedings is that they are being tried for the wrong crimes. Agriprocessors will face a jury trial on January 20 on the charges of “harboring and aiding undocumented workers, document fraud, identity theft and bank fraud.” (http://www.postbulletin.com/newsmanager/templates/localnews_story.asp?z=7&a=374130) They are not awaiting judgment for their notorious safety violations, underpayment of their immigrant workers, and mandatory unpaid overtime, all of which community members like Rev. Paul Oderkirk of Saint Bridget’s Catholic Church had been decrying for years. They are on trial for “aiding” unauthorized” workers that they intentionally recruited and then kept illegal so as to have a docile, underpaid workforce. They are on trial for helping immigrants rather than for the fact that they worked to keep their workforce illegal because unauthorized workers can’t unionize or lobby for better conditions. They are being prosecuted to the full extent of the law for helping immigrants but not even being chastised for filling the deported immigrants’ positions with Latino workers scooped out of Texas homeless shelters this past June (http://immigrationmexicanamerican.blogspot.com/2008/06/breaking-news-agriprocessors.html).  This kosher meatpacking plant that boasted revenues of $300 million will not be sitting before the jury for its criminal hourly wages or its exploitation of the most vulnerable community within our borders. No, they are on trial for “harboring and aiding undocumented workers.”

It is deeply saddening that immigrants are criminalized so deeply in this country that everyone associated with them becomes guilty by association rather than by exploitation. When people are made criminal by unjust laws, the worst crime imaginable is aiding and abetting them. Harking back to the Alien and Sedition Acts of 1798 which were repealed just a few years later in the infancy of our nation, these laws are even more shameful in that they prosecute rather than protect the most vulnerable, unrepresented sector of American society, the 12 million extralegal immigrant workers living within our borders with little chance of effectively working toward citizenship.

14 days before Agriprocessors’ jury trial, ABC will be airing its new reality television show “Homeland Security USA.” This new series which profits off the often-fatal journey of immigrants through the most dangerous parts of desert borderland seems perfectly congruous with Agriprocessors’ charges of harboring and aiding extralegal immigrants (Stelter, Brian. New York Times). Something is fundamentally flawed in the United States when we are entertained by the criminalization, hunting, and deportation of people whose only crime is the desire for work and enough money for their family. Both ABC and Agriprocessors’ board of directors share this understanding and have figured out ways to profit from others’ painful, life-threatening choice to seek work in America.

When the Many Find they are One

During the WWII era of 1942-46, between 200,000 and 300,000 manual laborers or braceros worked in the United States as farmhands and railroad workers standing in for the masses of young men sent overseas. When this Bracero Program ended and many returned to their homes in Mexico, few received the 10% of their wages deducted by the Mexican government, if they even knew about the deduction at all.

While this lawsuit faltered twice, both for whether it had exceeded the statute of limitations and whether a case against Mexico could be brought in the United States, it received preliminary approval to be heard before the Federal District Court in San Francisco this past Wednesday. The proposed settlement would grant each bracer with sufficient proof a $3500 check. Fewer than 50,000 will collect those checks, due to the anonymous, undocumented nature of much of this work, but for those few braceros nearing their ends, this money is more moral victory than subsistence. The New York Times article quotes Mr. Ibarra, a bracero currently living in Chicago, saying, this was a “victory of principles that allows me to be positive about continuing to live a little longer.” The United States has much cause to thank these willing workers who came and worked and went with little recognition and even less pay. Justice can be a long time coming. http://www.nytimes.com/2008/10/16/us/16settle.html?emc=tnt&tntemail1=y

Reportedly, Tom Brockaw regretted not asking candidates John McCain and Barack Obama not what they would do for the middle class, but what they would provide for the poor. In this season of grandstanding and lampooning for votes, it is easy to forget about the voiceless among us. Sometime between the immigration legislation discussions of 2006, both McCain and Obama have forgotten the 12 million extralegal immigrants awaiting some legislative opportunity or the countless millions lost in the lottery of our antiquated quota system.

As we speak, needless hostilities are burning between new Somali immigrants and “old” Latino immigrants in meatpacking and factory towns. When our nation focuses on the issues of the middle and upper class, the poor are left to bicker over crumbs of opportunity. Due to the nine raids in as many places since 2006 which have detained and/or deported some 2,000 immigrant workers, legal Somali refugees are being recruited and relocated to fill those positions. When they band together to campaign for 15-minute lenience to observe their Muslim prayer time, the oft-slighted other immigrant groups take offense. Mayor Ms. Hornady intimates that the Muslim hijabs suggest terrorism to her and the community of Grand Island, Nebraska. The immigrant groups in this town, the Mexican and South American, the Laotian and Sudanese and original German immigrants, all live in the constant fear that December of 2006 will strike again, that ICE will raid their meatpacking plant and freeze their small town for good. http://mail.google.com/mail/?ui=2&view=js&name=js&ver=KUM7s5FPF9I&am=X_E4pcT3aCGBXoYK6A

Although the New York Times article focuses on the differences and supposed animosities between these two immigrant groups, whose arrivals are separated by but a few years, what strikes me most is how similar these workers are. If only they could join together as one, in that Poor People’s March Dr. King envisioned, and say, “We will not live in fear anymore. What is good for one of us is good for us all. We are many, we are one.” I wish we all could say the same, that we would recognize the simple truth of Martin Luther King’s words, ““Anyone who lives inside the United States can never be considered an outsider anywhere within its bounds.”