The State of California faced a “two-pronged” problem this year with
regards to housing “alien” prisoners. The first came as a result of the
economic calamity which eliminated most forms of tax receipts, which in
turn finance various State programs. Secondly, the California Department
of Corrections and Rehabilitation (CDCR), has been ordered to reduce the
massive number of prisoners held (often more than twice design
capacity).
Unfortunately, any perceived relief will be looked upon not as
“safeguarding human rights,” but being “soft on crime.” Regardless of
political party affiliation, if a legislator can be shown as being
remotely compassionate to criminals, his life in politics is in dire
straits, almost certainly at an end. This creates a rather hypocritical
dogmatism between being “financial stewards,” and “tortuous demagogues.”
So, the “powers-that-be,” have chosen a rather stealth-like hypocrisy
that appears sound to the tax-payers, and helps continue the
ethnocentrism of the post-9/11 era: Deportation of Aliens Who Completed
Their Prison Terms.
Consider this for a moment:
If “Jose Garcia” [arbitrary name] is arrested and convicted of any
criminal offense, he will face deportation only after serving his time
in an American prison. In some cases, it makes no difference, because
the “Alien” is serving an Indeterminate Sentence (Life; Life Without
Parole; Death; etc…), and will not be released. It does not matter
whether his “papers were in order,” or if he waded the Rio Grande from
Ciudad Juarez, he still faces deportation. In some rare cases, the
prisoner will not be deported because he faces death in the receiving
country (Libya, Syria, Iran, China, etc…), but this is also open to
“political interpretation.” An Iraqi citizen may be sent “home,” because
Saddam Hussein is no longer in power, and there is a “legitimate
government in Iraq” (Bush #43’s words, not mine) and the threat of
torture has been lessened (compared to what?). So, “Jose”, serves his
term and is hustled to an Immigration and Customs Enforcement (ICE)
gulag, pending decision to deport.
The insidious nature of this legislation/Court Order, is that it neither
provides relief for the refugee who has fled his country’s economic
abyss, or provide “security” for prisoners who are existing in
nightmarish dungeons that lack essential medical and mental health
services. Meanwhile, the state legislators continue to support prisons
in their districts for their own profit and for jobs for their
constituencies.
State courts are simply an extension of their political friends
hypocritical policies, and generally refuse to accept reality as a
guiding principle. The Federal Courts, while not without their flaws,
are more likely to answer the complaints of the down-trodden with
something similar to justice. The problem with the Federal Court is that
they drag on forever and create such insurmountable complexities that
most people are incapable of succeeding in their quest for “justice.”
The recent cases noted before (Plata v. Schwarzenegger, and Coleman v.
Schwarzenegger) have been active for eight years and eighteen years,
respectively. The recent court order was for the reduction of the prison
population by 40,000 over the next two years. On the surface it seems
like a victory for the Prison Abolition Movement, but the State has
twisted it around and essentially no relief will be seen. Instead of a
legitimate reduction in sentences, or other mannerism which might have a
perceived legitimacy, the CDCR has announced that they will start
sending people to ICE more rapidly, and will shuffle papers and falsify
reports until the State implodes.
I personally know a man who has lived in this country for most his life,
but due to his extensive criminal record, may be deported to Iraq (he’s
Armenian). ICE is kind of in a “Catch-22”: Politically, to send someone
back to Iraq would show “faith in the new Iraqi government”; but to
refrain, would keep a “Career criminal” on American streets. Do they
recognize the absolute surreal failure of the American “gulag
archipelago?” No. They proclaim a lost war won, and sacrifice someone
who might well be killed upon arrival, as a sign of “success” in
Middle-East policy.
Needless to say, the “California Dream” is now excluding non-naturalized
foreigners, and any attempt at succeeding without the appropriate
documentation is hazardous to your “Freedom.”
Handling Deportation Threats
When asked by foreigner prisoners, on how to proceed, I examine several
factors before making any recommendation:
- Where are you from? (What is the political climate there?)
2.
What offense brought you to prison? (Murder, rape, etc. are hard to
defend. Petty possession, shop-lifting, etc. are easier to bring
“mitigating circumstances” into the question.)
3. What kind of skills
do you bring to society? (A dope fiend with no education will find
little sympathy, where an engineer or a doctor will be of some
interest.)
4. What political affiliations do you have? (The “Red
Scare” still exists, as does massive disinformation about anarchism. If
you are perceived as a possible threat, you will be neutralized.)
5.
Finally, are there any advocacy groups who specialize with your country,
region, political group, religion, et al.? (Being from Mexico will only
help you if you can convince your captors that you face death if
returned to Mexico (drug war). Guatemala and Honduras have significant
political strife that can be used to prevent deportation back there.
Other places have different circumstances that should be publicized by
the U.S. State Dept. or various news agencies. Reach out early for help
and publicity.)
Seek out copies of Prison Legal News and the addresses of whatever
embassy or consulate is pertinent to your citizenship. Most nations
require “detaining nations” to notify them of having possession of one
of their citizens (see: “Consular Notification and Access,” U.S. State
Department). Within this guide, are the “basic instructions” of
political rights, printed in 13 languages, along with the telephone
numbers of most consulates and embassies. In a few circumstances where
the United States does not have “Diplomatic Relations” with a country,
you have access to either the United Nations Delegation or a Neutral
Country (Sweden, Switzerland, etc.), who will contact your nation of
origin (if you so wish).
The key point for anyone facing deportation to remember is that the
political climate of the United States is precarious at best, and if you
are facing deportation to a reasonably stable area (no warfare, drug
gangs, massive infectious disease issues, kidnapping, rape, etc.), and
you are not facing extra detention as a result of being deported “home,”
it may be better to utilize what contacts you’ve made in the United
States and improve the conditions of your “home” country. If, while
incarcerated, you learned how to repair computers, or used more modern
construction techniques, perhaps you can be of value there. Further, if
you developed friends in this country, possibly they can continue
communicating with you and possibly bring relief to the economic scene
in your locale.
Regardless of the circumstances, you are not alone. There are scores who
have faced the same crisis before, and likely even more will face
similar in the future. No matter what, keep your dignity. A coward dies
a thousand deaths. A brave man only one. Fascist, sociopathic lunatics
may be ruling most countries, but their effect upon you is where you can
limit their power. If you refuse to bow down to their nonsense, they
lose the battle over your will. You hold the power to determine your
fate: use it wisely and with honor.