Nominee for U.S. attorney under fire for role in Postville Iowa raid (Waterloo Courier, April 5, 2009)
As the May 12th anniversary of the Postville Iowa Agriprocessors ICE raid is near, I am writing call attention to a very troubling injustice that is developing that only rubs salt in the wound. We all should be outraged how immigrants working in Postville were treated like slaves and then denied any form of justice in swift and chaotic criminal court proceedings orchestrated by the Northern Iowa United States Attorney’s office. Apparently the reports about the shame of Postville didn’t reach the US Senate because unbelievably now one of the lead federal prosecutors responsible for the egregious and inhumane Postville, Iowa prosecution has been recommend to be promoted to the powerful position of United States Attorney for the Northern District of Iowa. Ms. Stephanie Rose is the nominee of United States Senator Tom Harkin to be the next United States Attorney of the Northern District of Iowa. (U.S.A) The White House is now reviewing Senator Harkin’s questionable recommendation. The President’s legal team will be conducting a background check on Ms Rose’s personal and professional record before deciding whether to formally nominate her to the U.S. Senate for confirmation. Accordingly there is time to impact this appointment and I am told that the White House will be very interested in learning about Ms. Rose’s sorry record as a prosecutor. As Deputy Criminal Chief of the Northern District U.S.A. office, Ms. Rose played a pivotal leadership role in policy making in an U.S.A. office widely known for ruthless tactics and rarely granting mercy in arguing sentencing cases. As Deputy Criminal Chief, she helped design, organize and execute the unprecedented use of expedited trials to convict 306 undocumented workers at the Postville, Iowa meat processing plant in May 2008. For background see 1, The Shame of Postville, Iowa (http://www.nytimes.com/2008/07/13/opinion/13sun2.html) 2. The Jungle Again (http://www.nytimes.com/2008/07/13/opinion/13sun2.html) 3. Few, if any, of the mostly illiterate Guatemalan defendants had any opportunity to consult with immigration lawyer about potential eligibility for immigration relief. Translator Dr. Camayd-Freizas expressed disgust saying he felt "blindsided into an assignment (he) wanted no part of. In all (his) years as a court interpreter, (he) was assigned to criminal cases involving rape, murder, mayhem, narcotics, human trafficking, and terrorism." Yet nothing could have prepared him for this spectacle of injustice "put(ting) hundreds of innocent people in jail," terrorizing them, and devastating their small community. (See http://judiciary.house.gov/hearings/pdf/Camayd-Freixas080724.pdf and his interview is at http://www.nytimes.com/2008/07/11/us/11immig.html ) It is impossible to understand what grounds Ms Rose and her colleagues had for choosing to exercise their prosecutorial discretion in this case with such aggression and lack of respect for due process, other than the requirements of their own ambition. They brought the full force of the USA office to bear on the most vulnerable members of a community with full knowledge that the U.S. Department of Labor was conducting an ongoing investigation of child- labor and wage violations at the plant where these same workers were being victimized. All of these workers were laboring in one of our most physically demanding industries, meatpacking-- an industry that historically has relied on immigrants. The workers were doing nothing more than striving to support themselves and their families. Rather than treat them with dignity, Ms Rose and her colleagues chose to grind them down further. They took advantage of the workers’ lack of resources, limited rights, and lack of powerful friends.
Even if that were not the case, Ms Rose and her team helped in expending vast resources to no useful end - a massive raid, the arrest hundreds of people, negotiated pleas, all done with cattle-call trials in cattle-ground trailers, and jailed hundreds of people for five months each, after which they were deported. Why did they bother? The workers were deportable anyway and the same end could have been achieved without all of the shameful pageantry. That, of course, would not have given Ms. Rose and her colleagues the chance to splash themselves all over the headlines and build their statistics. Postville was a massive failure on many levels, not the least of which was a failure of prosecutorial judgment. The fact that Ms Rose played a “central role” in this travesty is very disturbing. Her role in Postville should render her unfit to be a viable candidate to serve as a USA in the Obama Administration. Here is a very interesting fact about the federal ICE prosecutions made in FY 2008 across the USA: In work site raids, ICE made 5184 Administrative arrests and 1103 criminal arrests --so of the 306 Postville criminal arrests and convictions amounted to almost 1/3 of all criminal ICE cases in the USA for FY08! That only happened because of Ms Rose’s use of her prosecutorial power. How can her Postville conduct and decisions possibly be justified? Another very troubling aspect of the Postville raid is how different the procedures implemented by Ms Rose and her staff were at Postville. Her decisions to prosecution criminally the workers led to a much higher proportion of criminal arrests and convictions to administrative arrests. Following the Postville raid ICE carried out two large raids in Laurel, Mississippi, and in Greenville, South Carolina. In Laurel, ICE detained approximately 600 persons and the US attorney chose to criminally prosecute only eight (8) persons. In Greenville, ICE detained approximately 300; the US attorney chose to criminally prosecute only eleven (11) persons. While I have concerns about those raids from an immigration-policy perspective, the Laurel and Greenville prosecutions were for the most part typical federal criminal prosecutions in that each attorney represented only one defendant and there was a regular criminal schedule. This is all spelled out in a well written report issued on March 20, 2009, to the Urban Institute entitled “Severing a Lifeline: The Neglect of Citizen Children in America’s Immigration Enforcement Policy.” This report includes a careful review of the Postville May 2008 cases. (See pages 57-64 for chapter on Postville Raid (www.dorsey.com/files/upload/DorseyProBono_SeveringLifeline_web.pdf) What possible justification does Ms Rose have for her Postville prosecution numbers compared to Laurel and Greenville? With the fastest growing minority population in the nation and with over 25 percent of the U.S. population expected to be Latinos soon, it is extremely important that President fill all federal appointments with people who are truly interested in the principles of justice. Ms. Rose is an ethically challenged prosecutor who does not deserve this appointment. Senator Harkin’s pick was made with no input from the Civil Rights groups or the Hispanic community. His pick is a great insult to us all who care about Justice. Please contact the groups listed below and ask them to ask President Obama to stop Stephanie Rose’s nomination:
- The Hispanic House Caucus: chc@mail.house
- The Hispanic National Bar Association: dcabrera@hnba.com
- ACLU: media@dcaclu.org
- American Immigration Lawyers Association: executive@aila.org
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Illegal Aliens
As a new user to this site I must say I am impressed with many of the high quality articles in here, I still struggle though with the way our party has fallen hook line and sinker for the amnesty for illegal aliens cause. I guess I must be old fashioned in that I believe that if someone breaks our laws they should be punished, not rewarded, even more so in this recession we have been in for the past two years. While it seems like the amnesty and open borders crowd have hijacked our party, there appears to be no difference between the current President and Bush when it comes to giving away our good paying union jobs to factories in China or illegal aliens from Mexico. Now I realize that I will be under attack from Hispanic activists on this site for my comments, but the simple fact remains, the illegal Mexicans, especially here in Arizona, will do the work for at least half the rates of an American worker. So the question is, do we further reward illegal aliens by giving them citizenship and the endless welfare benefits they desire so badly, or do we protect our American jobs for American workers. Now I don’t know about you guys on here, but when I talk with my Union brothers about political issues, the number one problem we have is with our dues going to support amnesty for illegal aliens who are destroying our country and industries. This is an issue which will destroy our party and our chance to roll back much of the anti American worker laws brought in under Bush, we cant make the same mistakes the republicans made on this issue, I would urge all of you to do as I do and start fighting back against some of the groups pushing this amnesty agenda. And for the record, I do won a gun, I still believe in God and I watch Lou Dobbs on TV, but so we also understand, I don’t support our country torturing terrorists.
Postville Prosecutor Nomination --An Insult to Justice
You miss the point---There is no doubt that the prevention of Social Security fraud and identify theft is a legitimate goal and that those who are in the country illegally should, in many if not most cases, be deported. Until Postville however, unauthorized workers were generally detained by US immigration officials for civil violations and deported in a manner that allowed for due process. On the contrary, in Postville under the direction of Stpehanie Rose, the workers were threatened with a possible mandatory two-year prison sentence and denied basic due process rights. These threats and denials of rights were accomplished with apparent pride under the direction of the Northern District of Iowa USA attorney office. While the Postville workers were guilty of a crime, the ideals and principles of our justice system were soiled by the method chosen to handle their wrongs. The cost, both in terms of basic human rights violations and in taxpayer dollars, was tremendous. It has been reported that the entire operation cost the federal government over $6 million. The end result was to send 304 people to prison for 5 months before deporting them via a process described in eyewitness accounts as a prosecutorial operation that “was clearly rigged for the wholesale imposition of mass guilt.”
Ms. Rose and her supporters fail to recognize: “The role of a prosecutor is not to seek the maximum penalty at every turn, nor to put together an impressive statistical tally of convictions. It is not to use the emotional pain and personal ruin involved on all sides of a criminal case to advance one’s own career or personal agenda. Prosecutors do not even share the duty defense lawyers have of providing zealous representation. The prosecutor’s only duty is to seek justice. Period. This duty is especially important in an age like ours, when the integrity of the criminal justice process is so frequently called into question.” (“Prosecutors Gone Wild,” by John Farmer, New York Times, April 3, 2009.)
Insult to Justice?
Tony,
In response to your posting above, what I find as insult to justice is the fact that people who broke our laws should be allowed a free pass to continue breaking our laws. While you mentioned social security fraud in your posting there are a myriad of other crimes linked to lack of enforcement of our immigration laws, we can not and must not view this as a victimless crime, there s no such thing. Our community is on the front lines of illegal immigration, we suffer the hardest when it comes to jobs as we are the first ones to compete with the illegal Mexicans, we are the victims of the many crimes associated with this crime wave which has been unleashed on us, so please don’t tell me they are just “poor folks looking for a better life”. For the record, I am Hispanic, my family is third generation LEGAL IMMIGRANTS, there is a big distinction between the legal and illegal immigrants and anyone who keeps putting legal and illegal in the same category does a great disservice to our country and the people who played by the rules. It may be interesting for others to note as well, the legal Hispanic community overwhelmingly rejects open borders and amnesty for illegal aliens, don’t take my word for it, check the numbers of our voting for Prop 200 and other laws in Arizona which are designed to curb the enticements of illegal immigration. I have been a long time Democrat for more than 20 years, I can even remember when our party was the party which stood up for the American worker, now it seems like we don’t have much difference between us and the republicans. If we don’t stop this madness of granting amnesty to illegal aliens, making American workers compete against them for Third World wages we will lose our majority to the republicans again.
In specifics you are correct tawd.
Overall however your approach aids in the decimation of the American worker, by making the illegal immigrant issue a big one. It is not.
It is not, even if a million illegal immigrants outside your front door, make one million of your neighbors' lives, a living hell. It is a tiny issue.
THAT IS, COMPARED TO OTHER ISSUES WHICH HAVE THE POTENTIAL TO MAKE IT ONE.
-----------------------------------------------------------
Conservatives exploit workers in general, hire illegals, and presently spit on them to get folks all riled up. They do this of course so that, once again, the dogs will eat the dogs, and folks will forget what the Republican Party stands for:
(They also do so, because in general, they do not like brown people -except as slave labor. And for any prying troll eyes: nobody is arguing that an anti illegal immigration stance logically necessitates racism, however it DOES exist).
So we agree on specifics. Your decency however is what Republicans use against us. Think I'm wrong? Well after you gain ground with Right Wingers on this issue, and they are re-elected, they'll demand you also go after those other "scum bag low life lazy bastards who cause this Nation so much harm via high prices": UNIONS. And beyond UNIONS, they'll demand that you go after those other "low life scums": the Working Class.
Here is what I would suggest: you can accomplish your goals -which stem from decency and fairness- WHILE being extremely careful about the broader politics involved. I might say it this way:
What think thee?
Jim
P.S. you can also track my posts about this issue over the years.
Is Stephanie Rose fit to be a United States Attorney ?
Here is the question at hand in judging Rose's fitness for duty--Were the Postville May 2008 prosecutions under Rose's leadership executed in a professional manner that American citizens should be proud of?
No. In Postville “a line was crossed” in the prosecutorial operation that “was clearly rigged for the wholesale imposition of mass guilt.”
So even if the Postville prosecutions pass minimum constitutional standards, it can only be by the slimmest of margins. The Postville cases will long stand as the premier example of how such a case should not be handled. Ms. Rose acted as her job was just to rack up as many convictions as possible, rather than prosecute cases that prevent harm, provide redress for victims, and make our communities better places to live.
n Postville, Ms Rose was acting as an officer of the court and as a federal prosecutor. Ethically and morally, her hands were not tied once she was approached about developing and executing the Postville prosecutorial plan. Even if the “raid was initiated by Washington,” as Chief Deputy of the Criminal Division and as an Assistant USA, Ms Rose had several options as the “rough draft” of the Postville plan was given to her for development and execution. It was her responsibility to carefully review and scrutinize the plan for any ethical or constitutional due process problems. The ethical and constitutional issues created by the plan and its execution were numerous and obvious to even a novice criminal attorney. Either Ms. Rose was not able to see the problems and understand the numerous defects in the plan or she chose to overlook them and push ahead anyway. Either conclusion raises serious question about her judgment and fitness to be an USA at this point in her career.
Difference of Opinions
I have supported the policies of the Democrat party for over 20 years, I have been a proud Union member for all of my working life, and I have done my share of legwork for local candidates.
I read Jims post with great interest, I agree with most of what you said Jim, we can and should regulate immigration so that it benefits our nation, as a whole; the madness and open borders of the past 30 years must end. The republicans have used illegal immigrants to great effect in our state to cripple our Unions here in Arizona, my point all through this thread has been simple, we must enforce our laws in order to keep our good paying American jobs for American workers. Only point I disagree with you Jim is by saying it’s a local issue, we need enforcement at all levels, local, state and federal, we need leadership at all levels which will protect our workers, plain and simple.
Postville ICE Raid Cruel treatment
Let’s hope the Obama Administration takes a lesson from the tortue in Irag embarrassment and immediately stops a very troubling U.S Attorney nomination that would only serve to further damage our international reputation for the humane treatment of prisoners. As the May 12th anniversary of the Postville Iowa Agriprocessors ICE raid nears, we all should be reminded of the outrageous way immigrants working in Postville were treated: first like slaves and then denied any form of justice in swift and chaotic criminal court proceedings orchestrated by the Northern Iowa United States Attorney’s office. Unbelievably now Stephanie Rose one of top federal prosecutors responsible for the egregious and inhumane Postville, Iowa prosecution has been recommend to be promoted to the powerful position of United States Attorney for the Northern District of Iowa.
Postville was a massive failure on many levels, not the least of which was a failure of prosecutorial judgment. The fact that Ms Rose played a “central role” in this travesty and considers it a “success story” is very disturbing. Her role in Postville should render her unfit to be a viable candidate to serve as a USA in the Obama Administration.
Illegal Immigration and the Misuse of Consumer credit.
What do the two topics in the title of this post have in common?
Well for one, they are both NO DUH issues for the majority of Americans:
The problem is in the other thing they have in common.
They are both used by Wealth over Work Conservatives to keep the dogs eating the dogs. With such a distraction massive anti labor legislation can be put into effect (and/or kept in effect).
In the case of Immigration, here is how it works:
In the case of consumer credit it is done thusly:
So yeah, Illegal Immigration is wrong.
And Folks should not misuse their credit.
But the most of what our ilk does is linear. We screw up and we mostly ruin our lives. What they do is non linear.
I agree that Immigration concerns must be met at all levels of government. I'm simply arguing that the lead in must NOT be about Illegal Immigration or Consumer Credit abuse.
The lead in should be something to the effect of:
With other topics mentioned as an aside.
(Please take the time to look at that orange sliver, and the mass of folks we throw elbows at over it).
Jim
P.S. And again, this speaks to NATIONAL concerns. If there is a thug in your neighborhood I have no problem with a fellow American using any law (including immigration laws) to rid oneself of that thug. Though I might add, one still needs to take care that the racist dog is not fed.