In Arizona, Illegal Immigrants Face Federal Criminal Charges

Research support for this article was provided by the Puffin Foundation Investigative Fund at The Nation Institute.

DAVID BACON
An undocumented worker is deported at the Mexicali border crossing.

A special Federal District court convenes every day at 1 pm in Tucson. All the benches, even the jury box, are filled with young people whose brown skin, black hair and indigenous features are common in a hundred tiny towns in Oaxaca or Guatemala. Their jeans, T-shirts and cheap tennis shoes show the dirt and wear from the long trek through northern Mexico, three days walking across the desert, and nights sleeping at the immigration detention center on the Davis-Monthan Air Force Base.

Presiding over one court session in June, Judge Jennifer Guerin called these defendants before her in groups of eight. They walked up in tiny waddling steps, heavy chains binding their ankles and wrists to their waists, and sat. Judge Guerin recited a litany of questions, translated into Spanish through headphones. "You've been charged with illegal entry, a criminal offense...at trial you would have the subpoena power of the court...you have certain rights," she intones. At the end she asks anyone who doesn't understand to stand up. No one does. She asks if they plead guilty. After a moment in which her question is translated, seventy voices mumble "Sí."

Leaving the courtroom a young woman stumbles, eyes streaked with tears. A public defender tells the judge her feet are covered with blisters from walking through the wilderness. A boy no older than 13 or 14 searches the room with his eyes as he's led away, perhaps seeking a friend or relative. No one seems older than 30, and most are much younger. They are today's border crossers--the mostly indigenous youth of southern Mexico and Central America.

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