At a Federal Courthouse, the Risk of Infection Joins the Threat of Deportation

At a Federal Courthouse, the Risk of Infection Joins the Threat of Deportation

At a Federal Courthouse, the Risk of Infection Joins the Threat of Deportation

Scenes from a pandemic: 1

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El Paso—Last Thursday morning an ICE plane flew from Phoenix to El Paso, then El Paso to Guatemala City. The flight held at least 40 people—far more than the maximum 10 that our new “social distancing” rule allows to be together. The passengers were undoubtedly shackled; that’s how deportees travel on ICE planes. On Sunday, March 29, three days after the trip, the Guatemalan government announced that a passenger had just tested positive for the novel coronavirus. This was the first documented case on an ICE flight. The director of our airport told the city council it was no big deal for us locals. The infected person must have got on in Phoenix, she said.

Here in El Paso and our Mexican sister city, Juarez, the numbers are still low—57 cases as of March 30, in a binational community of 2 million people—but the coronavirus has created a special foreboding, caused by the area’s longtime and lately intensified use as a law-and-order punching bag. In the guard and punishment economy, social distancing is farcical when it’s not terrifying.

Both sides of the border are nests of infection risk created by US laws and their enforcers. One bughouse is the federal court downtown, where immigration cases are heard. Judges are still working. Most defendants are charged with petty smuggling (of drugs or people), trying to cross the border with false documents, or simply traversing the Rio Grande and getting caught.

In one courtroom last week, three shackled inmates, wearing the orange and blue uniforms of the county jail, waited on benches. Two sat a foot apart. They were guarded by two US Marshals. One wore a mask and gloves. The other didn’t.

At the prosecution table, an assistant US Attorney coughed explosively, then exited, a hand pushing open the half doors that separate the administrative side from the rest of the courtroom. Another prosecutor, with a Van Dyke–ish beard, approached the doors and put his hand on the place his coughing colleague had just touched. Van Dyke then leaned on one besuited hip and schmoozed for a few minutes with a public defender—all the while caressing the half door. With the same hand, Van Dyke then stroked his beard. The hand soon migrated from beard to mouth.

Across the room, a court-appointed defense lawyer huddled with a middle-aged woman in jail clothes. The huddle left a few inches of space between the two. The woman would plead guilty for driving two undocumented immigrants to a Border Patrol checkpoint. The lawyer collated the papers, repeatedly licking his index finger. He picked up a pen with his licked hand and signed the papers. He gave the pen and papers to the client. She signed, and the lawyer walked over to Van Dyke’s table. Van Dyke took the papers, then patted his beard and mouth. The woman was sent back to jail to await sentencing.

A very young Honduran woman, charged with illegal entry, also pleaded guilty. The judge told her she could have gotten months in prison, but the public defender had made a deal with Van Dyke to lower the charges from felony to misdemeanor. The woman, who had been locked in jail for almost eight weeks already, got time served plus one day. “Be very grateful,” the judge said. “We hardly ever see this happen.”

El Paso’s county jail holds hundreds of border crossers, housed there because of a lucrative contract with the feds. Four additional detention centers hold immigrants for ICE. Every few days there are ICE flights. For years those have earned airport-use commissions for the city.

Meanwhile, in Juarez, immigrants seeking asylum in the United States languish under the Orwellian-named Migrant Protection Protocols. Denied due process, they wait, stuffed by the thousands into crumbling apartments and crowded shelters. In one shelter I know, a family of six lives on a jungle of bunk beds in an 8′ by 10′ room. In another, people sleep on dirty mats, on and under church pews.

A person who’d been working in the court told me the feds are trying to empty the jail. That’s helter-skelter, but business goes on as usual in detention centers. At one, according to a declaration filed by a local immigration attorney, “A member of my team asked a guard…on 3/17/2020 about Covid protocols and he [said] that they had not received any special training on how to keep themselves or detained individuals safe during the pandemic, and then said ‘if it happens, it happens.’”

The Honduran woman was sent from the bughouse courtroom back to jail for a day. From there, she would be remanded to a crowded ICE detention center, where she would wait for deportation on a crowded ICE plane, or for Covid-19, whichever comes first.


Something Is Happening Here is a collaboration between The Nation and Kopkind, offering scenes from a pandemic—a series of dispatches from Kopkind’s far-flung network of participants, advisers, guests, and friends. Edited by Nation contributor and Kopkind program director JoAnn Wypijewski, it will appear weekly on thenation.com and kopkind.org.

Kopkind is a living memorial to radical journalist Andrew Kopkind, who from 1982–94 was the magazine’s chief political writer and analyst. For 20 years, the project, administered by Andy’s life partner, John Scagliotti, has held summer seminar/retreats to support and spark the work of political journalists, activists and, with the Center for Independent Documentary, filmmakers. “Only connect,” Andy liked to say, an idea that Kopkind fosters among groups that are diverse in identity and area of work but for whom dynamics of power and liberation, in their many forms, are always central.

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