Gangsters in Blue

Last year, a dangerous California street gang rolled up on 1,583 women and abducted them off the streets of San Francisco, tied them up, and held them against their will for days or weeks at a time. Some were robbed of money and then let go. Others were held in specially-constructed dungeons for as long as half a year before they were allowed to see the light of day again.

There has been little notice of this massive wave of violence against women in the malestream media, and little outcry, even though this same gang is still active, and is on track to abduct a similar number of women this year. Part of the reason for the neglect of this story is the fact that the 1,583 women were women in prostitution, or suspected of being in prostitution and all too many people (by which I mainly mean men, and by which I mainly mean pols, lawyers and cops) figure that assaults and disappearances are just business as usual for women in the sex trade, something that can be stamped N.H.I. and shrugged off with a blink.

The other part of the reason is that the street gang’s colors are blue, and they all carry badges, and they call these abductions arrests, the imprisonment pretrial detention or a sentence, and, even though the women they target and grab off the street through force or intimidation are just doing a job for willing customers, and threatening or attacking exactly no-one, these gangsters can count on the biggest racket of all — the protection racket known as the State — to get their back, to claim their violence is justified because it is carried out under color of The Law (as if that were somehow immune to question or challenge), and to put out well-paid mouthpieces who will insist, with a completely straight face, that when women in prostitution are being forcibly hauled off, arrested, cited, fined, jailed, and generally subjected to an attempt to forcibly destroy their livelihood, the people (mostly men) who are doing all this are actually doing it for the women’s own good.

In fact these rationalizations are no better than — really, no different from — the rationalizations that every abusive man in the world uses to pass off their controlling behavior and violence against their women as if they were expressions of love. The male-dominated State is nothing more than an abusive sociopath writ large — one that can attack women by the thousands or by the millions, and one with armies and dungeons and trillions of dollars at its disposal.

As I said last December 17th:

Any serious commitment to freedom for, and an end to violence against, women, means a serious commitment to ending violence against women who work in the sex industry. All of it. Immediately. Now and forever.

And that means any kind of violence, whether rape, or assault, or robbery, or abduction, or confinement against her will, or murder. No matter who does it. Even if it is done by a john who imagines that paying for sex means he owns a woman’s body. Even it is done by a cop or a prosecutor who calls the violence of an assault, restraint, and involuntary confinement an arrest or a sentence under the color of The Law. The Law has no more right to hurt or shove around a woman than anyone else does.

—GT 2007-12-17: December 17th is the International Day to End Violence Against Sex Workers

This November, eligible voters in San Francisco have an opportunity to call for peace on this front of the city government’s war against women:

San Francisco would become the first major U.S. city to decriminalize prostitution if voters next month approve Proposition K, a measure that forbids local authorities from investigating, arresting or prosecuting anyone for selling sex.

The ballot question technically would not legalize prostitution, since state law still prohibits it, but the measure would eliminate the power of local law enforcement officials to go after prostitutes.

Proponents say the measure will free up $11 million the police spend each year arresting prostitutes and allow them to form collectives.

It will allow workers to organize for our rights and for our safety, said Patricia West, 22, who said she has been selling sex for about a year by placing ads on the Internet. She moved to San Francisco in May from Texas to work on Proposition K.

Even in tolerant San Francisco, where the sadomasochism fair draws thousands of tourists and a pornographic video company is housed in a former armory, the measure faces an uphill battle, with much of the political establishment opposing it.

Some form of prostitution is legal in two states. Brothels are allowed in rural counties in Nevada. And Rhode Island permits the sale of sex behind closed doors between consenting adults, but it prohibits street prostitution and brothels.

[…]

Police made 1,583 prostitution arrests in 2007 and expect to make a similar number this year. But the district attorney’s office says most defendants are fined, placed in diversion programs or both. Fewer than 5 percent get prosecuted for solicitation, which is a misdemeanor punishable by up to six months in jail.

Proposition K has been endorsed by the local Democratic Party. But the mayor, the district attorney, the police department and much of the business community oppose the idea. They contend that it would increase street prostitution, allow pimps the run of neighborhoods and hamper the fight against sex trafficking, which would remain illegal because it involves forcing people into the sex trade.

[…]

If the proposal passes, we wouldn’t be able to investigate prostitution, and it’s going to be pretty difficult for us to locate these folks who are victims of trafficking otherwise, said Capt. Al Pardini, head of the police department’s vice unit. It’s pretty rare that we get a call that says, I’m a victim of human trafficking or I suspect human trafficking in my neighborhood.

—Associated Press, CNN (2008-10-21): San Francisco may become safe for prostitutes

While I certainly agree that coerced sex trafficking is an evil that needs to be seriously addressed, government officials and government cops like Captain Al Pardini, who claim to be concerned about the welfare of women forced into prostitution, refuse to talk about ways to address the systemic issues that stop trafficked women from being able to come forward and speak out or seek help about what’s been done to them (like, the State’s violence against undocumented immigrants and the threat of deportation; like, the police’s refusal to take women in prostitution seriously or treat them like human beings), and instead they apparently feel perfectly comfortable insisting that their difficulties in investigating sexual slavery somehow justify laws that grant police the power to force any woman suspected of being in prostitution off the street and into police detention, under police scrutiny, to imprison her, to force her to pay punitive fines, to conduct arbitrary police raids to go on fishing expeditions for trafficked women (e.g., at Asian massage parlors) based on nothing other than racial profiling, and so forth, and so on, all in the name of facilitating the police’s attempts to investigate a different crime that affects some subset of the women being rousted up, shoved around, arrested, questioned, fined, imprisoned, and so on, and all in order to be able to force trafficked women into the protection of the criminal law, with or without their consent. This amounts to nothing more than an argument for ensuring that the State maintains and exercises plenary police state powers over all women suspected of being sex workers, for no reason other than the alleged necessity of protecting some women in the sex industry from violence, while ignoring the many crimes that women in prostitution are never able to report to the police for fear of being arrested, and while ignoring the immense violence against all women in the sex industry that is committed by cops themselves, as part and parcel of this policy of arrest and detention. Nobody would ever accept this argument if it were directed against a class of people whose basic human rights malestream society is more accustomed to granting. (E.g., We need to be able to investigate the enslavement of migrant farmworkers; let’s outlaw farming! We need to be able to investigate medical malpractice; let’s give the cops the power to arrest any doctor and charge them with a misdemeanor!) It is only when it comes to people who powerful men regard as official non-persons that these kind of arguments get made — whether they are made against the safety and freedom of women in prostitution, or against the safety and freedom of immigrants without government papers or unauthorized drug dealers, in parallel arguments for government border laws and drug prohibition. That’s despicable, and it’s baffling to reason. If you have the chance, I’d strongly encourage you to vote Yes on Prop. K, and No on police state tactics and government violence against women.

I should say that, while I’ve given up completely on electoral politics as a primary vehicle for political change, measures like Prop. K — or Question 1 and Question 2 in Massachusetts, or State Question 2 in Nevada — are a good demonstration of why, if you’re going to put in for electoral politics, voter initiatives and direct votes on referendum questions offer a much better vehicle for doing it than throwing in for the personal political prospects of some favored (or least-worst) candidate for the elective oligarchy that is so fatuously described as our democracy. Proposition K will have a hard time passing — a similar initiative was defeated in Berkeley recently by a 2-to-1 margin — but the mere fact that completely decriminalizing prostitution in a major U.S. city has entered into the political debate, that it is being considered for passage (or. mutatis mutandis, repealing the income tax in one of the highest-tax states in the U.S., or decriminalizing possession of small amounts of marijuana, or banning all eminent domain seizures for transfer to private developers in a state with one of the most intensely state-capitalist economies in the U.S.) is an achievement in itself, compared to the way in which representative politics completely smothers all serious politics, by choking off any and all political issues outside of the established bipartisan government consensus on the acceptable range of debate. Voting libertarians take note: if you’re going to spend your time on this stuff, there’s not much hope for making a difference this way, but there’s some, and that’s better than I can say for personality politics and representative elective oligarchy.

See also:

• John Coté, San Francisco Chronicle (2008-10-06): Prop. K calls for legal prostitution in S.F.
• GT 2008-06-30: Law and Orders #8
• GT 2007-12-21: Rapists on patrol
• GT 2007-12-17: December 17th is the International Day to End Violence Against Sex Workers
• GT 2005-12-17: December 17th is the International Day to End Violence Against Sex Workers
• GT 2004-11-01: The Day After Tomorrow

One of the things that I said in my speech about ALL to the Libertarian Party of Clark County, which was deliberately provocative and carefully worded, was I am here today to bring you two messages. So let me cut to the chase and deliver both of them right now. They are the point of this entire talk, and I can put them both in ten words or fewer. Here’s the first: Las Vegas will be free soil in our own lifetimes. And the second is: We are all going to make it happen. That may seem ridiculously optimistic, given the immensity, the scope, the pervasiveness, and the ruthlessness of the many-headed monster we call the modern State. I try to discuss a bit in my speech why it is not overly optimistic, focusing on the second claim — that we all, meaning not ALL or the Libertarian Party, but just about everybody in Las Vegas — can and will take part, if those of us who care about these things play our cards right, through the use of populist organizing, coalition building, direct action, and counter-economics.

But another thing that I didn’t focus on much, which I’d like to mention, is the importance of the first thing I said, when I said Las Vegas will be free soil. I said that, and not something else (the U.S. will be free soil; the word will be free soil) because I think that’s an achievable goal. It’s not that I don’t want the whole U.S., or indeed the entire earth to be free soil; it’s not even that I think either couldn’t be free soil in the forseeable future. They could; I hope they will; if I can help, I will. But Las Vegas is where I live, and where Southern Nevada ALL intends to act, and I think it’s immensely important to begin there, and not to sell yourself on the idea that action has to be directed against the largest possible targets, or, more importantly at trying to strike some decisive blow at those targets that will somehow defeat Power everywhere and forever. Real empires almost never fall that way, unless they are conquered by some outside force, usually another rising empire, and for anarchists that’s not an acceptable option. So we need to think about getting the empire to crumble, not to implode, and to help it along by chiseling wherever and as hard as we can. If we win, it will crumble in some places faster than it will crumble in others. The basic problem is that a central aim of the imperial State has always been to get people to forget, effectively, about their neighborhood, their friends, their family, and everything else actually around them, and to understand their homeland in strictly political terms, in terms of a flag and a set of lines on the map and a capital hundreds or thousands of miles away. If anarchists ever want to get anywhere, we’re going to need to break that link, to pry people’s notion of home from out the talons of the State and its notion of political citizenship. Which strategic point brings me to a really excellent recent post by Jeremy at Social Memory Complex (2008-06-13), which is working towards some of the analysis that goes along with:

Or does our whole approach to this dissonant national endeavor need retooling?

I think it does. Is the lobbyist-driven agenda of corporations, special interests, and political culture really any less distant than U.S. foreign policy? Do we have any authentic control over the decisions in our society that affect us? Or are we just treated as fungible units of polity that have only to be deftly mobilized by public relations wizards in pursuit of an agenda fundamentally alien to us? What, in other words, is the difference between our powerlessness within the borders of the U.S. and the powerlessness endured by the residents of Iraq and Afghanistan?

Instead of contrasting our experience under our government with that of its foreign victims, we might do well to compare the experiences. We’ve been taught from a very young age to distinguish American citizenship from that enjoyed by citizens of other countries, chiefly by virtue of our unique institutions of governance. But it is these same institutions that are being built in Iraq: a democratic, constitutional government with corporate control and obedience to international capital, with an established U.S. military presence to ensure stability in the region. These features are proving just as confounding to their freedom as their American counterparts are for us.

Through overwhelming military force, claims of moral privilege, and alleged threats - not unlike the P.R. which allowed the U.S. to conquer the west and the south in the 19th century and frame it as liberation - the U.S. government is imposing a democratic government and a market economy on an unwilling people. Meanwhile, the U.S. government is also continuing to ratchet up the police state at home even as it practices martial law in Iraq. Just as there were Tories and other people loyal to the crown during the American Revolution, the federal government finds plenty of lackeys in the fifty states, Iraq, Afghanistan, and indeed throughout the world to do their dirty military or paramilitary (law enforcement) work. Legislative creep and sheer audacity constantly expand the scope of lawful authority, defining down the degree of liberty an individual can expect to enjoy. Participation in the decisions that affect us is framed as a set of predetermined choices provided by the establishment rather than a direct say at the local level. And all of these features bring more and more of the world under direct control of Washington - both the world within U.S. borders and the world outside them.

For it is into Washington, in the District of Columbia, that all the spoils of these policies flow. The D.C. metro area is among the fastest growing in the nation, despite having no productive civilian industry to speak of (except perhaps I.T., but no more than any other city if you discount government contracting). Not only is it the seat of governance for the country, it is the clearing house for the international policy of most nations. By enticing Americans to “work within the system” to influence policy, citizens legitimate the process by which power and authority are steadily concentrated. An entire lobbying industry has sprung up from the need to have some say in this process; doing business in the empire has a high cost of entry, and once you get a seat at the table it’s plunder or be plundered. As more people see D.C. as the place where decisions are made, rather than local governments or foreign capitals, the amount of money and people pouring into the city will continue to grow, while localities and other countries become bureaucratic appendages of D.C. policy.

[…]

But it’s not just that Washingtonians rule over an overseas empire; it’s that domestic U.S. territory is increasingly treated as part of the conquered territory, rather than as the source of state legitimacy. Sure, we have elected representatives we send to D.C. from all over the country, but experience shows that only in the rarest of occasions do they not adopt the Beltway outlook of going along to get along with the system. Instead, they play the game to bring home as much of the spoils of empire (taxation and government contracts for further imperialism) as possible. In the process, they cease to represent their constituents in D.C., preferring to represent the Washingtonian agenda in their respective localities. They become little Paul Brehmers, advocating policies that promote the more effective rule of the domestic and foreign empire. They measure success in terms of how they can coax or coerce the locals into compliance with necessarily foreign interests.

If it is policies in Washington, D.C. that are changing this country into an empire, it is inaccurate to label the empire American. Clearly, the vast majority of Americans are not participating in it, but are merely preferred subjects in territory as occupied as that in Iraq and Afghanistan. […] If the decision-making bureaucracy, military might, and economic clout are all based in Washington, doesn’t it make sense to call this system the Washingtonian empire, rather than conflating it with the disenfranchised subjects in the fifty states? It’s no more an American empire than it is an Iraqi or Afghan one.

The Washingtonian Empire is the largest, richest, most powerful, most hierarchically distributed, and most subtly maintained in history. It is so successful that it has even managed to proceed with its agenda without much notice as to its true nature. We should stop trying to get people to take responsibility for the decisions of a foreign city-state, because this only encourages the conflation of their American identity with an alien one.

By drawing on our revolutionary, anti-colonial legacy, we can frame the American political experience as one of historically consistent subjugation. We can then find common ground with other victims of American imperialism while articulating an authentically decentralist agenda.

—Social Memory Complex (2008-06-13): The empire is not American, but Washingtonian

Make sure you read the whole thing, especially Jeremy’s very salient discussion of the impact of this kind of analysis on strategy.

Let me just add that one of the most important dimensions in which to emphasize the nature of America as occupied territories is the connection with the daily lives of the most thoroughly oppressed and exploited people under the bootheels of the United States government and its praetors and proconsuls: especially black people, brown people, poor people, immigrants, people labeled crazy, women (especially the women most marginalized and criminalized by the government and civil society), etc. etc. etc. During the 1960s, the Black Panthers, the Young Lords, and many other New Left liberation groups explicitly linked the conditions and struggles of people in the brutally police-occupied, white-controlled ghettoes of the U.S. — which were founded in slavery, lynch law, apartheid, and immiserating land grabs, which were treated politically as presumptively criminal, unruly elements of the body politic, to be reformed, contained, or eradicated; which were regimented and patrolled on every street corner by the occupying paramilitary forces of the white government — with the conditions and struggles of colonized peoples throughout the so-called Third World, recognizing that just because the lines on the map separated Harlem and Watts from Johannesburg and Nairobi, the people in each had far more in common with each other than any of them had with the handful of white men sitting in the halls of power in D.C., in London, and elsewhere. The false dignity of a morally and practically meaningless imperial citizenship was dismissed; in its place was offered self-understanding for people facing the violence of colonization and solidarity with people rising up against Power in their own homelands throughout the world. In the 1970s, Detroit feminists elaborated the thought by pointing out that, in an important sense, women throughout the world constituted a Fourth World, which faced subjugation and colonization at the hands of petty patriarchs and male States, whether those sites of colonization were located in the capitals of First, Second or Third World regimes. Anarchists can and should learn these lessons well, and take the thoughts to their logical completion, by showing how the State, just as such, always and everywhere, operates as a colonizing force, against all its subjects, and for the profit of the handful of beneficiaries who constitute the ruling class. (Of course, the fact that it operates like this against us all does not mean that it operates this way against all of us to an equal degree. The point here is not cheap sympathy; it’s solidarity, especially with those who are the most trodden upon by this monster State.)

While the legacy of 1776 is worth understanding and learning from, and an important weapon to turn against the power in Washington; but so are many other things, and I think it is vital for the Libertarian Left to take up and learn from this tradition in articulating our anti-imperial theory and practice.

See also:

• GT 2006-07-21: Karl Hess on the Country, the State, and a new language of patriotism
• GT 2007-04-05: A Left-Libertarian Primer: Karl Hess documentary is now online
• GT 2008-06-05: Neighborhood Safety Ghettoes in D.C.
• Roderick Long (2006-11-13): What Empire Does to a Culture

Another case of puppycide.

Judge in California reinstates a $75,000 punitive damages award to a victim of a wrong-door raid.

Law enforcement groups in Ohio rally against a proposed Castle Doctrine law. Presumably, such a law would not include the right to shoot a police officer who enters your home lawfully. So why would they oppose allowing people to defend their homes from criminals?

Here’s a police recruitment video for a department in Georgia. One former police chief I interviewed for my Overkill paper told me when he reluctantly agreed to assemble a SWAT team, he brought his entire department together and asked for volunteers, then immediately disqualified everyone who raised his hand. He explain that the guys dying to be on the SWAT team are the last the guys you want serving on the the SWAT. Contrast that line of thought with the video above, which uses the SWAT team as a recruiting tool for the entire department. Think about the type of people that’s going to draw into your applicant pool.

The Fairfield Minuteman newspaper criticizes the Easton, Connecticut police department for its typical silence following the drug raid shooting death of unarmed Gonzalo Guizan.

Now: Wrong door immigration raids, too. Serves ‘em right for looking like people who might be illegal.

The nostate.com news lemurs have been closely following the case of former policeman George Bubaris, accused of dealing a drunken, homeless Guatemalan immigrant a fatal blow and leaving him to die. It seems the prosecution brought a rather flimsy case. Whatever happened that night, there really wasn’t enough to link Bubaris to the killing. That’s what [...]

Short answer: not gonna happen. Police pardon selves; move along, nothing to see here. From The Globe and Mail: No charges called for in report on taser death 17 June 2008 Vancouver — Police have finished their investigation into the death of Polish immigrant Robert Dziekanski and forwarded a report to the Crown that does not call for any [...]

Terry Bressi doesn’t like living in a police state any more than most. He’s a bit different, though, in his consistent defiance of it. Subscribe to his YouTube channel here. Hat tip to Jim Rongstad. Related: http://www.nostate.com/25/rejecting-authority-at-police-state-checkpoint/

The news lemurs at nostate.com are going to be following this one closely. The thug in question has already been stripped of his uniform, though no doubt we’re going to see a clown suit defense brought in. Innocent until proven guilty and all that… From The Journal News: Prosecutor: Bubaris spoke of ‘hunting’ A former Mount Kisco police officer [...]

Robert Dziekański was killed seven months ago at Vancouver International Airport. After waiting around in immigration and customs hell for some ten hours, unable to speak or understand English and clearly disturbed, Dziekański was tasered to death within a minute of police arriving on the scene. Yesterday, Dziekański’s mother, Zofia Cisowski, appeared at the public inquiry into [...]

From Tree Hugger at LiveLeak.com: The checkpoint in this video was nearly 50 miles north of the Mexican border, so it would have been utterly pointless in stopping illegal immigration. The real purpose of these checkpoints is to condition Americans to get used to the police state. a2a_linkname="Rejecting Authority at [...]

(Story via Freedom Democrats 2008-01-25.)

The primary reason that you should oppose government immigration laws is that the system of international apartheid is based on morally despicable premises, and necessarily involves massive State violence against peaceful people. Immigration laws involve the State in discrimination against, and violation of the basic human rights of, peaceful immigrants. But that’s not all that they do. And if you understand the stupidity and the evil of immigration laws, but don’t yet feel that you personally have a reason to stick your own neck out to actively oppose them, maybe this will help change your mind.

FLORENCE, Ariz. — Thomas Warziniack was born in Minnesota and grew up in Georgia, but immigration authorities pronounced him an illegal immigrant from Russia.

Immigration and Customs Enforcement has held Warziniack for weeks in an Arizona detention facility with the aim of deporting him to a country he’s never seen. His jailers shrugged off Warziniack’s claims that he was an American citizen, even though they could have retrieved his Minnesota birth certificate in minutes and even though a Colorado court had concluded that he was a U.S. citizen a year before it shipped him to Arizona.

…

In Warziniack’s case, ICE officials appear to have been oblivious to signs that they’d made a serious mistake.

After he was arrested in Colorado on a minor drug charge, Warziniack told probation officials there wild stories about being shot seven times, stabbed twice and bombed four times as a Russian army colonel in Afghanistan, according to court records. He also insisted that he swam ashore to America from a Soviet submarine.

Court officials were skeptical. Not only did his story seem preposterous, but the longtime heroin addict also had a Southern accent and didn’t speak Russian.

Colorado court officials quickly determined his true identity in a national crime database: He was a Minnesota-born man who grew up in Georgia. Before Warziniack was sentenced to prison on the drug charge, his probation officer surmised in a report that he could be mentally ill.

Although it took only minutes for McClatchy to confirm with Minnesota officials that a birth certificate under Warziniack’s name and birth date was on file, Colorado prison officials notified federal authorities that Warziniack was a foreign-born prisoner.

McClatchy also was able to track down Warziniack’s three half-sisters. Even though they hadn’t seen him in almost 20 years, his sisters were willing to vouch for him.

One of them, Missy Dolle, called the detention center repeatedly, until officials there stopped returning her calls. Her brother’s attorney told her that a detainee in Warziniack’s situation often has to wait weeks for results, even if he or she gets a copy of a U.S. birth certificate.

Warziniack, meanwhile, waited impatiently for an opportunity to prove his case. After he contacted the Florence Immigrant and Refugee Rights Project, a group that provides legal advice to immigrants, a local attorney recently agreed to represent him for free.

Dolle and her husband, Keith, a retired sheriff’s deputy in Mecklenburg County, N.C., flew to Arizona from their Charlotte home to attend her brother’s hearing before an immigration judge.

Before she left, she e-mailed Sen. Richard Burr, R-N.C. After someone from his office contacted ICE, immigration officials promised to release Warziniack if they got a birth certificate.

After scrambling to get a power of attorney to obtain their brother’s birth certificate, the sisters succeeded in getting a copy the day before the hearing.

On Thursday, however, government lawyers told an immigration judge during a deportation hearing that they needed a week to verify the authenticity of Warziniack’s birth record. The judge delayed his ruling.

I still can’t believe this is happening in America, Dolle said.

Warziniack began to weep when he saw his sister. They still don’t believe me, he said.

Later that day, however, ICE officials changed their minds and said that he could be released this week.

—Marisa Taylor, McClatchy Washington Bureau (2008-01-24): Immigration officials detaining, deporting American citizens

In the real world, outside of statist power trip la-la land, if you grabbed somebody off the street and locked him up in a hellhole jail cell against his will all through a complete mistake, and you kept him there and stole weeks of his life away from him, all the while failing to notice your fuck-up because of your arrogance and negligence, you would pay for what you did. You’d pay for it on a civil level in the form of restitution to your victim, and you’d pay for it on a criminal level with charges of kidnapping. Morally, the immigration cops who did this should be in jail. But, wait—once you strap on a badge and a gun, suddenly some sanctimonious buck-passing and excuse-making, with an Oops, our bad tacked on along the way, is close enough for government work:

On Thursday, Warziniack finally became a free man. Immigration officials released him after his family, who learned about his predicament from McClatchy, produced a birth certificate and after a U.S. senator demanded his release.

The immigration agents told me they never make mistakes, Warziniack said in an earlier phone interview from jail. All I know is that somebody dropped the ball.

…

Officials with ICE, the federal agency that oversees deportations, maintain that such cases are isolated because agents are required to obtain sufficient evidence that someone is an illegal immigrant before making an arrest. However, they don’t track the number of U.S. citizens who are detained or deported.

We don’t want to detain or deport U.S. citizens, said Ernestine Fobbs, an ICE spokeswoman. It’s just not something we do.

… ICE’s Fobbs said agents move as quickly as possible to check stories of people who claim they’re American citizens. But she said that many of the cases involve complex legal arguments, such as whether U.S. citizenship is derived from parents, which an immigration judge has to sort out.

We have to be careful we don’t release the wrong person, she said.

—Marisa Taylor, McClatchy Washington Bureau (2008-01-24): Immigration officials detaining, deporting American citizens

Of course, if you really give a damn about avoiding mistakes, you might actually take some steps towards investigating, presuming innocence, and following some kind of basic due process before you throw living people down a legal memory hole. But that would require actually granting suspected illegal immigrants the as good or better legal privileges and immunities as are offered to suspects in a normal court proceeding, rather than presumptively throwing them into a detention center and then running them through a parallel, unaccountable administrative process for today’s federal Fugitive Alien Law. And what La Migra gives a damn about is proving to bellowing Know-Nothing busybodies that they are doing something to crack down on illegal immigration—the lives, liberties, and livelihoods of bystanders be damned.

An unpublished study by the Vera Institute of Justice, a New York nonprofit organization, in 2006 identified 125 people in immigration detention centers across the nation who immigration lawyers believed had valid U.S. citizenship claims.

Vera initially focused on six facilities where most of the cases surfaced. The organization later broadened its analysis to 12 sites and plans to track the outcome of all cases involving citizens.

Nina Siulc, the lead researcher, said she thinks that many more American citizens probably are being erroneously detained or deported every year because her assessment looked at only a small number of those in custody. Each year, about 280,000 people are held on immigration violations at 15 federal detention centers and more than 400 state and local contract facilities nationwide.

Unlike suspects charged in criminal courts, detainees accused of immigration violations don’t have a right to an attorney, and three-quarters of them represent themselves. Less affluent or resourceful U.S. citizens who are detained must try to maneuver on their own through a complicated system.

It becomes your word against the government’s, even when you know and insist that you’re a U.S. citizen, Siulc said. Your word doesn’t always count, and the government doesn’t always investigate fully.

…

While immigration advocates agree that the agents generally release detainees before deportation in clear-cut cases, they said that ICE sometimes ignores valid assertions of citizenship in the rush to ship out more illegal immigrants.

Proving citizenship is especially difficult for the poor, mentally ill, disabled or anyone who has trouble getting a copy of his or her birth certificate while behind bars.

Pedro Guzman, a mentally disabled U.S. citizen who was born in Los Angeles, was serving a 120-day sentence for trespassing last year when he was shipped off to Mexico. Guzman was found three months later trying to return home. Although federal government attorneys have acknowledged that Guzman was a citizen, ICE spokeswoman Virginia Kice said Thursday that her agency still questions the validity of his birth certificate.

Last March, ICE agents in San Francisco detained Kebin Reyes, a 6-year-old boy who was born in the U.S., for 10 hours after his father was picked up in a sweep. His father says he wasn’t permitted to call relatives who could care for his son, although ICE denies turning down the request.

The number of U.S. citizens who are swept up in the immigration system is a small fraction of the number of illegal immigrants who are deported, but in the last several years immigration lawyers report seeing more detainees who turn out to be U.S. citizens.

The attorneys said the chances of mistakes are growing as immigration agents step up sweeps in the country and state and local prisons with less experience in immigration matters screen more criminals on behalf of ICE.

…

[ICE officials] said they were able to confirm [Warziniack’s] birth certificate, but they didn’t acknowledge any problem with the handling of the case.

The officials blamed conflicting information for the mix-up.

The burden of proof is on the individual to show they’re legally entitled to be in the United States, said ICE spokeswoman Kice.

I want to stress that the point here is not that this kind of treatment is wrong because the people being treated this way aren’t really illegal immigrants. I’m not saying that we need procedural protections for suspects because it’s better for a hundred guilty people to go free than for one innocent person to be punished. That’s not my point because morally, illegal immigrants aren’t guilty of a damned thing. U.S. citizens aren’t entitled to special treatment just because they are Estadounidenses; they’re entitled to be treated better than this because they are people. If there is no excuse for making U.S. citizens disappearing into legal limbo in a system of prisons and administrative law where they have no real civil liberties and no recourse to due process protections, and no excuse for trashing their lives and livelihoods by locking them up and exiling them from their homes, on the unspeakably arrogant presumption that it’s the citizen who has to prove to the government’s satisfaction that she has a right to live peacefully in her own home, then there’s no excause because there’s no excuse for treating anyone that way, no matter what their nationality and whether or not they have a permission slip to exist from the federal government. The thing itself is the abuse.

But the point that I do want to make is that if you’re a U.S. citizen, and you’re not convinced of the central importance of immigration law—if you believe that you can reliably secure your own freedom without paying attention to the way that governments treat undocumented immigrants—then you need to think a lot harder about what a system of immigration control necessarily entails. International apartheid requires mechanisms for detecting, and then either interdicting or rounding up, unauthorized immigrants. But to discover and then interfere with their presence in the country, it necessarily entails a system of paramilitary border control, and it also necessarily entails immigration dossiers, passbooks, and government surveillance. But these systems have to be inflicted both on citizens and on immigrants for them to make any sense at all; by definition, the government can’t discover immigrants who bypass the official documentation system by getting documentation of their undocumented status, so instead the border control State has to force everyone else to carry papers, to submit to La Migra’s surveillance, and to take on the burden of giving affirmative proof of our status whenever some prick with a clipboard demands it. There’s no way to block off opportunities for undocumented immigrants to move or to get jobs except by limiting everyone’s freedom of motion or employment to government-controlled chokepoints where papers can be demanded and inspected. And there’s no way to make undocumented immigrants disappear into legal limbo without also, at the same time, creating an ominous threat to any citizen who might come under La Migra’s suspicion or might have trouble producing her own papers on demand. There is no way for international apartheid to be enforced on immigrants without massive invasions on the privacy and liberties of non-immigrants, because the basic concept — the concept of a government with the power and prerogative to systematically screen who is and who is not allowed to exist within its territory — requires everybody, whether their presence is authorized or unauthorized by the government, to be watched, inspected, spied upon, directed, law-driven, numbered, regulated, enrolled, controlled, checked, estimated, valued, censured, commanded, by creatures who have neither the right nor the wisdom nor the virtue to do so.

What immigration law does to illegal immigrants is despicable. There is no excuse and it should be abolished immediately. But if you, reader, recognize this, but still don’t see how it personally concerns you, then you should look harder at the effects that immigration law necessarily inflicts on the rest of us in everyday life. Immigrant and citizen, documented and undocumented, the fact is that we are all in this together, and if we let the State spy and stomp on any of us, the system for implementing the policy is necessarily going to spy and stomp on all of us in the end.