Commentary: Operation Streamline

Tuesday, 24 November 2009 02:56

"Do you understand your right to a trial?"

"Si."

"Do you wish to waive this right?"

"Si."

Judge Jacqueline Marshall repeated the questions 71 times.  Each time, she received the same answers.  The setting was the Special Proceedings Courtroom on the second floor of the Evo A Deconcini Federal Courthouse in Tucson, located at 405 W. Congress St., in downtown near the freeway.

It was the regular Friday hearing of Operation Streamline, a program created by the Bush Administration to levy criminal charges on every undocumented immigrant caught crossing the border, according to the American Civil Liberties Union, or ACLU.  According to the ACLU's Operation Streamline Fact Sheet, released July 21, the government program causes migrants who are caught to face federal criminal proceedings instead of the standard civil deportation hearings, and migrants face from a minimum of 30 days up to a maximum of six months in jail for their first offense.

The U.S. Department of Homeland Security claims that this program is responsible for reducing the amount of migrant traffic in the four areas where Operation Streamline is in force, two sectors in Arizona and two in Texas.

On Friday, Nov. 13, I observed this trial.  In Tucson, it is held every Friday from 1:30 p.m. to between 2:30 and 3 p.m.  The prosecuting attorney representing the U.S. was Buck Rocker.  Twelve lawyers represented the entire group of 71 detainees.  U.S. Marshals and members of the U.S. Border Patrol were present in the courtroom as well.

The hearing was done en masse.  Each migrant's name was called, they rose, and answered the two questions posed by Judge Marshall regarding their right to a trial.  The migrants were sitting in rows on the left side of the court room.  The men were separated from the women.  All the detainees wore chains around their waists attached to chains on their ankles and handcuffs on their wrists. Their responses were quiet. 

A translator was present and all but one of those who were detained spoke Spanish.  The only person who responded in English did so loudly, and sounded like a native speaker.  Incidentally, the draft copy of those present on this day at the hearing, available at the courthouse, stated that none of those present were able to speak English at all.

As the judge questioned each person, their responses were hesitant but consistently the same.  "Si."  The translator did not address each person individually, rather addressed the entire group one time previous to the one-by-one roll call style questioning.  Some of the detainees said nothing when asked the questions in English and had to be prompted to answer the question in the expected manner, raising questions as to whether they fully understood what they were being asked.

After the judge asked everyone the preliminary questions, she called specific groups of people to the stand, along with their lawyers.  Each person called was led to the front by the U.S. Marshals, and stood aside their lawyer.  Each group was cleared of the charges and allowed to be deported to Mexico with the time that they served while awaiting the trial to be their full punishment.  The prosecuting attorney was only called on to state if the U.S. had any objections to the releases. 

Every group exited out side doors to the right, and many of the people had smiles on their faces.  They were returning to Mexico with no charges, and were not being required to serve the 30-180 day jail time that Operation Streamline is meant to enforce.

If the intent for Operation Streamline is to officially charge every migrant caught and to enforce a punishment, the uniform dismissal of all 71 people at the hearing suggests an inconsistency with that intent.  What is the point of having a program such as this if it only adds extra steps in the process between being arrested and being deported?  The question that I was left with after attending the hearing was, "Is Operation Streamline a worthwhile or effective solution to the problems the U.S. is facing regarding illegal immigration?" 

After the hearing, I attempted to ask Buck Rocker a few questions about the event.  A group of four women from a group called "Loretto" from across the country were also asking questions.  Rocker freely answered the women's questions and concerns, however, he declined to be interviewed for this commentary, stating that he did not respond to reporters on the grounds that he could lose his job if he did.

Written by Kristina Stevens You are reading Commentary: Operation Streamline articles