ACLU Obtains Government "Manual" For Prepackaged Guilty Pleas For Prosecution Of Immigrant Workers In Postville, Iowa (7/31/2008)
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NEW YORK – The American Civil Liberties Union obtained a government "manual"
distributed to defense lawyers assigned to represent immigrant workers arrested
and prosecuted in last May's Postville, Iowa meatpacking raids. The document –
posted on the ACLU Web site today – contains prepackaged scripts for plea and
sentencing hearings as well as documents providing for guilty pleas and waivers
of rights that were used to push the more than 300 Postville workers through
mass criminal proceedings as quickly as possible.
"This document provides further evidence of the government's disturbing
pressure cooker tactics for mass guilty pleas that assumed guilt instead of
protecting the constitutional presumption of innocence," said ACLU Immigrants'
Rights Project Director Lucas Guttentag. "Along with the workers, fairness and
due process were the victims of the Postville prosecutions."
The government "manual" provided for the workers to waive all their legal
rights and in the overwhelming majority of cases, to plead guilty to charges of
falsely using identity documents for employment. It was an important tool used
to rush defendants through the criminal justice and immigration systems without
a criminal trial or immigration proceedings. The plea forms in the "manual"
included a requirement barring immigrants from pursuing any legal claims or
procedures under the immigration laws.
After the Postville meatpacking raids, the ACLU and many other organizations
sharply condemned the denial of basic legal protections to the arrested
immigrant workers. The troubling system implemented by the U.S. Attorney's
Office and the Department of Homeland Security appeared designed to undermine
fairness and due process by criminally prosecuting the workers under
circumstances that undermined their ability to understand or protect their
rights.
The large scale criminal prosecution of workers is a new tactic of the Bush
administration. Previously, charges of fraud and identity theft were usually
reserved for cases that involved the theft of people's identities to rob them of
money and property and did not typically extend to the use of false papers for
employment.
A copy of the Postville raids defense "manual" is available online at: www.aclu.org/immigrants/workplace/36215res20080731.html
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