Robert Kahn’s book, “Other People’s Blood: U.S. Immigration Prisons in the Reagan Decade” (Westview Press/HarperCollins) 1996, was the first attempt at a history of U.S. immigration prisons. He is news editor for Courthouse News Service, a national legal news service.
Interviewed By: Belen Chacon
Your book, Other People’s Blood: U.S. Immigration Prisons in the Reagan Decade, covers the abusive treatment of Central American refugees in U.S. detention centers in the 1980s. We seem to be back here again, especially with the Artesia detention center in New Mexico. Why is this happening again?
It’s not happening again, it’s been happening all the time. It’s happening because very few people in the U.S. Congress, or the people who buy them their offices, or you or I, ever give a thought or give a good goddamn about the people who clean our bathrooms and cook and serve our food and harvest the food we eat. Why should we? Immigrants can’t give us money. They can’t even vote.
Last week the ACLU in Los Angeles announced a big settlement with the Border Patrol, which now calls itself ICE, and involves both the Department of Justice and the Department of Homeland Security. The Border Patrol agreed not to trick people into agreeing to be “repatriated,” by handing them a list of “rights” with the right “voluntary repatriation” already checked off. Well, we settled that lawsuit 30 years ago, in Laredo, thanks to Patrick Hughes, an attorney who saw that women and children would need legal representation, so he moved there and set up a law office with nothing, except a little help from the Catholic Church – something that, for instance, Xarelto lawsuit lawyers should maybe do too, as the public pressure only grows bigger and only real specialists can help. I went to work for him as a paralegal and we documented a nightmare of abuses inflicted by the Corrections Corporation of America (CCA), the first private U.S. prison company to be paid for locking up immigrant women and children. CCA strip-searched mothers and babies at Laredo for asking to see a lawyer. They strip-searched them each time before and after they saw a lawyer, but they didn’t strip-search them unless they asked to see a lawyer. Well, all that stuff was “enjoined” 30 years ago by a federal judge, right? But it was never enforced. How can you enforce it, when you’re “privatizing” the immigration detention system in the United States to God knows who — to whoever says, “Sure, I’ll put those women and kids up in my house.”
In the case of the abuse of Central American refugees in immigration prisons in the 1980s, attorneys and other advocates were not able to stop the abuse until 10 years later. Do you see justice taking that long for current Central American refugees in abusive detention centers?
Refugees will never get justice in the United States; only their children will, because our policies and wars have driven them here, and the Congress will never admit that, nor will the people who vote, or the people who want to replace whoever’s in Congress now. It’s not until the refugees’ kids can vote, and do, that anything can change. The North American Free Trade Agreement destroyed small business and peasant farming in Mexico, and blessed the Mexican government’s war against independent unions. We’ve sent billions of dollars to the Mexican army and police forces, which slaughter their own people, in part because the cartels pay more than the government, because what cartels have to offer is more valuable, and the cartel leaders probably don’t steal as much as the government does. But we won’t admit Mexicans as refugees — even Mexican reporters, though dozens of them have been murdered by government police forces and the cartels — because Uncle Sam won’t admit our role in the slaughter. And even if, let’s assume, the United States government has absolutely no role in it, still, we don’t want to admit it — that the Mexican army and police forces are just as dirty as the cartels. So if your own government’s soldiers want to kill you, to steal what little you have, because the government is stealing so fast with both hands that it can’t match the cartels’ offers, well, what do you expect? People will flee a situation like that.
For those that haven’t read your book, Other People’s Blood: U.S. Immigration Prisons in the Reagan Decade, what do you feel is the biggest takeaway? Why should Americans play close attention to the treatment of individuals in immigration prisons?
The tortures and abuses in U.S. immigration prisons have continued for more than 30 years, despite federal court orders, and U.S. Supreme Court orders, because very few of us give a damn about these people. Congress certainly does not. Nor, so far as I can tell, has any president of the United States, since Jimmy Carter. As a paralegal working for nothing in U.S. immigration prisons, I’ve represented people whose U.S. prison guards walked over them with high heels while other guards held them down. I’ve seen a U.S. immigration judge tell a Guatemalan refugee whose back was covered with scars, driven into him with whips and salt water: “I don’t think you were ever in the Guatemalan army at all,” though the judge held in his hand photos of the man, in uniform, holding an automatic weapon, in front of his army barracks in Guatemala. The U.S. government would have deported him to be tortured and killed had Canada not accepted him as a political refugee.
In the 1980s, what details did the mainstream media fail to cover when it came to the treatment of Central American refugees? What is mainstream media failing to cover now when it comes to this issue?
I won’t say anything about “the mainstream media.” That’s a lash that can be used to whip anyone. I spent my life’s savings to work for nothing for 3 years as a paralegal in U.S. immigration prisons. I got a lot of information doing that. You can’t expect anyone, including “mainstream media,” to do that. So far as I can tell, the situation is the same today as it was 30 years ago. There’s no money to be made from representing refugees. Everything you hear in the media is about an immigration “crisis.” There is no crisis. Undocumented immigration has been on the decline for decades. Border Patrol figures show that. All that’s changed recently is the shape of the amoeba. Now we’re seeing more mothers and children fleeing from Honduras, whose government is as brutal and corrupt, and always has been, as the governments of Guatemala and El Salvador. But what do you or your neighbor know about Honduras? Nothing. Why should you? Now that the Republicans are making a big deal out of it, Obama is doing the same thing Reagan did: Set up a deportation factory as far away as possible from legal help, to deport refugees as fast as we can. Today they call it the Artesia Family Residential Center in New Mexico. Back then, in 1986, it was the new prison in Oakdale, La., run by the Bureau of Prisons. They tortured people there. The Marielitos tore the place down the next year, and I can see why. These people are not burdens to the United States. They are sources of information.
The immigration reform debate has had high and low moments, but for the most part has remained stagnant. What can/shouldAmericans do to help push the debate?
Immigration reform has never had a high moment. The late, great Charles Bowden told me: “Americans are willing to do anything about immigration except read about it.” I’m a half-critic half-fan of Sigmund Freud, who warned us about stirring up our primal impulses. I don’t know if we want to push the immigration debate — whatever that is — right now. Right now it’s all based on hate, fear and ignorance. When kids get educated, and grow up and vote, things will change, but it will take a generation. That’s why Republicans are pressing so hard to keep young people from registering to vote. When it happens, it’ll look like a sudden change, like the nation’s acceptance of gay people. But that struggle took a generation of open conflict, and gay people had money, and could vote. Not that I want to compare gay people and immigrants, but I think that pretty soon we’re going to see an acceptance of immigrants. It’ll look like it happens fast, but it’s already happening. It will be the result of a generation of struggle.
The debate over illegal immigration is being carried on with little awareness of the government policies that contributed to this country’s immigration problems. How can more Americans educate themselves? Where can they start?
Well, like Chuck Bowden said, nobody wants to read about immigration. The best summary of U.S. immigration policy was written by Kitty Calavita, decades ago. She’s a criminology professor at the University of California at Irvine.
Calavita wrote, correctly, that the United States has no immigration policy — that we change our policy according to the mood of the times, and that our policy is always out of synch with the times.
Calavita’s three basic conclusions will be true forever:
– The United States invites poor Mexicans when we need labor, then deports them when the next recession hits;
– Because of this, U.S. immigration policy will always be “out of phase” — because it takes years to pass legislation in Congress, when an immigration law does pass, it will be a response to what happened years before, at a different point in the economic cycle;
– And that “securing the border” and respecting the Constitution, both, may not be possible; in fact, it’s probably not — but no one wants to talk about this because, well, isn’t that why these people are fleeing here, to be protected by our Constitution?