No routine smugglers
Jorstad, Eric
REVERBERATIONS FROM THE 'SANCTUARY' TRIAL No routine smugglers ERIC...
...What about the hundreds of employers who knowingly Commonweal: 524 hire undocumented Salvadorans and Guatemalans, of whom In conclusion, it is not clear tliat the government has innot one has been prosecuted for felonies as have the sanctuary creased respect for law and order by its prosecution of the defendants...
...The judge wrote: "Elder's do-it-yourself immigraCentral American refugees became an issue, this act makes tion policy, while charitable, gives away what is not his to give two relevant changes in U.S...
...hostilities or into a country where his/her life of freedom will Prosecutor Reno has his interpretation...
...On the other hand, all the attention ently the prosecution conceded on record that Cruz's evidence on the court case has only broadened the movement's impact, was necessary to establish its case...
...tional law compelled humanitarian assistance to these persons...
...have him removed from the case...
...Willis-Conger summed up, "HistoriEight of the eleven defendants were found guilty on one or cally, people of faith who have been persecuted for doing what more charges...
...You can't hide behind a the convictions should therefore be reversed...
...Did the The Ninth Circuit Court would in essence be ruling against its defendants know this...
...Refugee Act...
...One Lutheran pastor told me that the trial is really about These were the first of a number of defenses barred by Judge law and order...
...3) Selective Prosecution...
...Their logical basis is as THIS SUMMER, a colleague at Downside, Dom Gregory follows...
...When you're ahead 27 to nothing, why bother playing the The trial was rancorous from the start...
...In a federal district court in Texas, defendants argue that their actions were really helping the Judge Head ruled against the motion of Jack Elder, a sanctuary government fulfill its obligation of non-refoulement...
...By the time the Tucson trial began credibility occupied several weeks...
...1574 (1985...
...2) Conduct of the Court...
...so that transporting them was a necessity to give them any chance at safe haven...
...It is this discussion that With an impressive assembling of the historical evidence, will form the body of my article, which is thus not a review of however, Bermejo shows that general councils never were this very substantive work...
...The state of New Mexico and over twenty U.S...
...But in fact the law is not so clear, and the sanctuary Cruz made over ninety hours of clandestinely tape-recorded trial leaves a host of crucial questions unanswered...
...for what is happening to our country than I do for me personThe judge's instructions to the jury are likely to be one point ally...
...Instead, Cruz and smuggling - as well conspiracy to smuggle into the U.S...
...Contrary to Prosecutor Reno's claims, a routine prepared to show that had the Central Americans reported at smuggling operation does not contain two priests, one nun, the border, they would have been summarily deported...
...Ostensibly the law has been shown to have of Civilian Persons in Time of War...
...to give, in the barest outline, Bermejo's thesis, and then to jurisdiction...
...Or was their knowledge based upon a own past practice in asylum cases if it ruled for the defendants belief that the U.S...
...Sister Darlene Nicgorski, with five felonies, is right have, in the long run, won out...
...A second U.S...
...He placed all criminal to harbor or transport persons who, one sincerely consideration given to the defendants' goals, motives, or believes, face a strong probability of life-threatening deporta- knowledge of the meaning of their actions within the more tion at the hands of the INS in violation of the spirit if not the restricted notion of "general intent," which is required of all letter of the 1980 Refugee Act...
...This binds its signatories been broken...
...One said, U.S...
...Did they then have the requisite mens rea, (3) First Amendment Protections...
...Why has the ecumenical movement councils are enshrined in the various creeds that are of the lost its vigor...
...Jim Corbett was himself acquitted, but he was shocked law - instructions more narrowly focused than usual, more so by the convictions of the others: "Sanctuary will continue and than even the prosecution had requested...
...As indicated earlier, Judge Carroll's instructions to can be challenged by citizens through the federal courts...
...Two treaties are relevant here...
...The jury was the U.S...
...with the government's case had led to this decision...
...And thank God for the jury...
...One however, including documents with comprehensive informa- hopes for a helpful public debate, meanwhile, on how to tion about the sanctuary network nationwide, were used by the interpret the meaning of this complex called "the law": digovernment to begin the investigation which led to the sixteen verse laws, human rights, international law, the Constitution, sanctuary indictments...
...Supreme Court has recognized that the First gated to rule under international law by means of these Amendment embraces two concepts - freedom to believe and treaties...
...If they won, they spent $2 million to publicize our criminal evidence...
...terpretation and four particular procedural issues from the trial which, while narrower, are significant, and perhaps more One juror said she felt that some of the defendants' actions likely, bases for a favorable appeal ruling...
...the defendants...
...How have they come to be part and parcel of Catholic belief...
...The law being sanctuary defendants are asking the same judiciary that de- applied, however, 8 U.S.C...
...Commonweal: 522 In his closing argument, Reno said that although several responded with encouragement to the defendants...
...It follows, "as the night the Prakash, Anand, India, 1984...
...Appar- quiet about this" approach...
...is the legitimate safe haven needed by those here...
...Second, this Act decision, however, in the current appeal...
...REVERBERATIONS FROM THE 'SANCTUARY' TRIAL No routine smugglers ERIC JORSTAD Carroll barred the defense froth presenting two of its chief arguments: that the Central Americans helped by the defendTHE SANCTUARY trial in Tucson, Arizona raises tough ants are legally refugees, not illegal aliens...
...Defense attorneys said that serious flaws in Donald M. Reno, Jr., and his assistant sat on the other...
...It's only going to make people more gious issues, barred from testimony, had to be considered, committed," said Philip Willis-Conger of Tucson...
...they require congressional enactment...
...The question on appeal will be whether Judge Carroll properly The judge also disqualified jury consideration of a defense excluded from testimony the religious motivation of the de- argument from necessity or compulsion...
...But how should we interpret the broader legal, to the principle known by the French term, non-refoulement, moral, and religious issues still at stake in the actions of the which prohibits the deportation of a refugee back into active defendants...
...Were these defendants selected for prosecution' because of their public dissent from INS policy...
...Another question is whether international law can freedom to act...
...Some jurors later commented that they knew asylum applications were not being accepted at the border...
...worker, to have charges dismissed on First Amendment (2) Application of 1980 U.S...
...Materials seized by the arresting officers, minded judiciary - which we have yet to see on this case...
...is assisting someone who is illegally in this country...
...He went on, tries, chiefly to El Salvador and Guatemala...
...Constitution protects the free exercise of religion...
...I don't have the answer...
...Should religion be an admissible defense here...
...Prosecutor mately the Supreme Court, to determine the authoritative Reno decided ultimately to introduce only one, half-hour tape interpretation of this complex...
...10 October 1986: 525...
...The others faced from a possible five- to in Tucson and elsewhere is not only continuing, but growing...
...people in need, and citizens acting in good faith...
...What we have "is the law of the land, and there sionate as ours can change a policy that is not being carried out is no exception to it...
...as large as Rochester, New York, and Minneapolis, MinThe defense attorneys argued in closing, however, that the nesota) have declared sanctuary...
...11324(a), has a "specific intent" cides appeals on individual asylum cases to rule that these very requirement...
...I am pleased that be threatened "on account of race, religion, nationality, memthe American system of justice functions the way that we bership in a particular social group, or political opinion...
...The eleven remaining defendants, including After three months of testimony from these government two Roman Catholic priests, a nun, a Presbyterian minister witnesses, Prosecutor Reno rested his case...
...One jury member was quoted as saying, charged that Judge Carroll was biased, but failed in efforts to "The law is the law...
...The actual sanctuary work of the underground railroad in Tucson," May 9...
...Another defense lawyer said, "It would have been Detroit, and consultant to the Office of Church and Society of The impossible for the defendants to raise their hands and swear to American Lutheran Church...
...The trial was particularly acrimonious, with the defense trying four times to have Judge Carroll disqualify himself...
...Whoever wins in the long run, the immediate next step for The comments from the jurors following the convictions are the convicted sanctuary workers is to appeal their case to the enlightening: Ninth Circuit U.S...
...other Central Americans October 22, 1985, charges had been dropped against five of also testified...
...This suggests an issued decrees that all accepted because of its authority to pronounce on matters of faith...
...First, all general councils are infallible, as regards Murray, lent and strongly recommended to me a book th,:ir solemn decrees...
...The courts must balance the freedom of successful point on appeal, or whether it imposes obligations religious conduct against a compelling government interest in only on national governments...
...Defense lawyers about law and order...
...But if on appeal his evidence is found to be movement...
...cities defense to intentional acts of crime...
...He argued that "good motive is not a justly...
...The first is absolute but, in the nature of things, confer rights on individuals, as is required here for this to be a the second cannot be...
...VI, Section 2, treaties are considered part of It is precisely that uncertainty which now looms over this "the supreme law of the land...
...Another factor was the rulings by Judge Carroll restricting the range of possible arguments and tesREVEREND ERIC JORSTAD is pastor of St...
...At stake is conversations, including attending over a dozen times a Bible how to interpret the complex of U.S...
...a not have a reasonable suspicion to stop the car Willis-Conger resolution constructed by a wise, humanitarian, and policyhad been driving...
...Although the main results of the first . The thesis is as follows...
...will outlast all trials...
...But then the deand lay church workers, together with their twelve attorneys, fense surprised many, by resting their case without calling sat on one side of the federal district courtroom...
...Is the determination of refugee status, by statute a responsibility of the attorney gen- THIS leads us to issues of procedure...
...It will finally be up to the judiciary, ulti- infiltration of church ministry without a warrant...
...sanctuary workers...
...James Lutheran Church, timony...
...This was not pleasant...
...Or can the safety, peace, or order...
...What seems to be the main block is the doctrine substance of our faith, the way in which this came to pass was of papal infallibility, together with the notion that the pope has not...
...treaty obligation, the 1967 United Nations Protocol on the On the other hand, Governor Toney Anaya of New Mexico, Status of Refugees, similarly indicts current INS practice by who has declared his state a sanctuary for Central Americans, this argument...
...as evidence...
...not allowed to consider this...
...The defense was fendants...
...Sister Nicand, further, that U.S...
...and that internaquestions about how we Americans think about the law...
...on how to interpret the law applicable to these facts...
...but if the facts were five-member appellate committee for the defense, a professor staring us in the face, we had to go with them...
...that has so far drawn little or no attention: Towards And Vatican I solemnly defined the infallibility and universal Christian Reunion by Luis M. Bermejo, S.J...
...regarded as infallible...
...The defense speculates that the tapes could have First, let's look at the trial itself...
...Eighteen felony convictions by the legal, and arguments presenting evidence about Central AmerTucson trial jury certainly seem to support this way of thinking ican civil strife or any conditions there...
...Now Vatican I was a general council...
...He said he detests some of the sanctuary Carroll...
...It was, rather, that a body of SEBASTIAN MOORE, O.S.B., is a monk of Downside Abbey presently bishops deliberated on a critical issue and reached a consensus, with the university chaplaincy and department of theology at Boston the content of which was eventually received by the whole College...
...sanctuary case, was the judge proper in not allowing such This act is relatively recent so there have been few higher evidence even to be considered...
...Are federal courts obli- The U.S...
...Prosecutor even one witness...
...He asked the jurors to focus simply on whether repent because [then] I would be sorry [for] being a Chriscertain acts were committed, and whether such acts violate the tian...
...convicted...
...Under the U.S...
...The validity of the testimony of the govern- continued to grow during the government's earlier "let's keep ment's informer, Jesus Cruz, is a matter of contention...
...it was Points for appeal include three broader areas of legal inpainful...
...case as the impact of the trial is assessed and as the case moves The first is the Geneva Convention Relative to the Treatment toward appeal...
...One wishes...
...Conshould have done," she said...
...History immigration laws may seem "unfair," it would pose a "threat teaches," Anaya said, "that oftentimes people must serve to society" to let the defendants get away with violating them time in jail before even a society that is as open and compaswith impunity...
...One defendant said, ''I felt that we were assumed to be guilty, according to the judge, and had to prove ourselves innocent...
...take a century or so to complete...
...His testimony and challenges to his - undocumented aliens...
...The work of "If somebody breaks the law, guilt or innocence doesn't sanctuary, then, is actually upholding international law, and depend on the direction of his collar...
...I'm sure that will be true faced a possible twenty-five years in prison [See "Testament here...
...They're good people...
...a possible fifteen-year prison sentence...
...After the trial activities, wearing a tape recorder, without a warrant...
...of immigration law, a State Department human rights official, and my own legal research...
...Religious motivation was inadequate in treaty obligations (see above), so that asylum is determined not the balance against the "legitimate goals of immigration conby foreign policy (anti-Communism) but by humanitarian trol...
...The case is certainly sufficiently complex that it will generIn addition, the undercover operation was first launched ate a great deal of commentary in the coming months and with materials seized from Philip Willis-Conger that were years...
...The First Amendment to '.guilty mind," that is, specific criminal intent...
...If, as the judge, thq We didn't walk out of there feeling good...
...court rulings as to its interpretations...
...UNITY, CONTINUITY...
...Yet these possible defenses were excluded from jury deliberation...
...clerical collar...
...stitution, Art...
...refugee law provides safe haven for gorski said, "I have no regrets at all...
...Passed before grounds...
...treaty obligations, First Amendment constitutional Church, Phoenix...
...defendants had acted as religious people following the teach- Not surprisingly, the sanctuary workers convicted are more ings of their churches...
...District Judge Earl H. Carroll presiding between them...
...discuss the main problem that it raises...
...refugee law in accord with our international F. Supp...
...The first week Judge fourth quarter...
...10 October 1986: 523 Unanswered questions here include whether treaties are and a minister, nor does it claim a religious purpose for its "self-executing," binding simply by being signed, or whether work...
...My purpose in what follows is day," that the pope is infallible and possessed of universal...
...necessary...
...Yet Cruz infiltrated church and seen its numbers expand even more...
...On the one hand, the sanctuary movement (4) Evidence...
...Was the court biased...
...hoped it would," he said...
...One difficulty here is that the crimes and can be inferred from actions alone...
...The Ninth Circuit Court of Appeals is not bound by this concern (for anyone genuinely persecuted...
...1) Instructions to the eral in consultation with the State Department, a finding which jury...
...It was not that a universally recognized body of bishops universal jurisdiction over the church...
...The second week the judge barred arguments that the movement leadership for the way they are "flaunting" that defendants had a "good faith" belief that their actions were they are breaking the law...
...I just feel prosecutors, and the jurors seem to agree, the trial was about really bad about the whole thing...
...Sanctuary workers claim that the INS is breaking this obligaWilliam Johnston, district director of the INS in Tucson, tion by deporting Central Americans back to their home counsaid the convictions show that the law is working...
...To be convicted, a person must know that he/she decisions show a pattern of violating the 1980 Refugee Act...
...And the flow of undocumented Central Americans ruled improperly obtained...
...They claimed that the moral and reli- resolute than ever...
...But is there really such a thing as, "the law...
...I don't know what they Applicability of International Law...
...Bible Willis-Conger said, "The government was in a no-win posistudies, Sunday morning worship services, personal conversa- tion...
...in this trial...
...On January 14, 1985, a brought the broader issues of motives, international law, Cenfederal grand jury indicted sixteen sanctuary workers on a host tral American conditions, and so forth, into the trial in a way of felony charges having to do with transporting, harboring, that might have ultimately benefited the defense...
...THE CHURCH The `infallible' temptation SEBASTIAN MOORE examination of these two doctrines...
...they assisted...
...Gujarat Sahitya jurisdiction of the Roman Pontiff...
...On July 20, 1984, U.S...
...laws, international laws, study for Salvadorans and Guatemalans at Alzona Lutheran U.S...
...Sure, there is The chief government witness was Jesus Cruz, who had 8 U.S.C...
...Father Quinones of Nogales, Mexico said, "I can't on appeal...
...His latest book is Let This Mind Be in You: The Quest for church, in a complex process, not without conflict, that could Identity through Oedipus to Christ (Seabury...
...What follows is based on I sympathize with [the defendants], and I don't neces- interviews with several defendants, an attorney from the sarily agree with the laws...
...First, it strikes the clause - the government's legitimate right to examine every person which previously presumed asylum protection for those who enters the country so that the government can make "fleeing Communism or communist-dominated countries...
...1324 (a), under which the sanctuary workers were infiltrated several of the churches involved with sanctuary...
...This will likely be an issue on appeal...
...If they took us to trial and lost, they would have looked tions assumedly with a fellow Christian believer - all became foolish...
...there were a Court Judge Alfredo Marquez ruled that the border patrol did less polarized resolution available than the current no-win...
...Court of Appeals...
...informed decisions on who will be admitted" [601 This brings U.S...
...Is it the jury were particularly narrowly focused...
...1) cans are so rarely granted asylum...
...He concluded, "People of faith won't be intimiinadmissible, then a new trial, without Cruz, would become dated by the verdict...
...courts recognize limiting such actions which pose a substantial threat to public individual rights as defined by international law...
...Can U.S...
...took the witness stand...
...He has published widely on the tell the truth, the whole truth, because the truth is not allowed sanctuary movement...
...I feel more of a sadness anyone with a "well-founded fear of persecution...
...were illegal, and so had to be found guilty, but understood these actions had been "compelled" because Central Ameri- F IRST, consider the issues of legal interpretation...
...prohibits the attorney general from deporting a genuine refu- Apart from the possible outcome of the balancing test in the gee regardless of how he/she entered the country...
...A separate civil lawsuit has been filed by rights, and religious ministries, all of which intersect in the Alzona, and other churches involved, against the INS for this case of sanctuary...
...I think it was unanim- the observable facts of the case, the appeal will likely center ous that we didn't want to find these people guilty...
...District shows no sign of going away either...
...No briefs have been filed yet for the appeal...
Vol. 113 • October 1986 • No. 17
