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there is nowhere to run. There is nowhere to go…. The horrible part about that case [is
that] before she ever got here, mistakes were made that prevent her from ever adjusting
status.” 220 Robin Whiteley, who was a permanent resident, was deported for a drug
possession conviction that was later ruled not to be an “aggravated felony” by the
Supreme Court, and he is now seeking to reopen his case based on wrongful removal.
But the first two times he was charged with illegal reentry, he says his appointed criminal
defense attorney pressured him repeatedly to plead guilty, telling him in effect, “‘The
best thing for you to do is be a good cow,’ and that’s how they run us, as cattle.” 221
Operation Streamline is one of the most dramatic examples of how mass prosecutions
have led to procedural short cuts, putting the basic due process rights of defendants at
serious risk. As noted above, the defenses that are available for defendants charged with
illegal entry or reentry—US citizenship and prior unlawful removal—are difficult to
investigate and present in the short period of time Streamline attorneys have with their
clients.
Deirdre Mokos, a federal public defender in Tucson, described a case in which her client
had been deported after a conviction for possession of less than 30 grams of marijuana.
He had been brought to the United States when he was five years old, and some aspects
of his story raised concerns for Mokos, who had previously practiced immigration law.
She requested his “A” file representing his immigration history, but in the meantime,
against her advice, he pled guilty. When she received the “A” file one month later, she
saw that although he had been deported as an unauthorized immigrant, he actually had
been a lawful permanent resident (unbeknownst to him). He was ultimately able to
retain his status as a permanent resident. She believes if he had been appointed an
attorney with no background in immigration law, he would never have found out about
the wrongful removal. 222
But even outside of Operation Streamline, the breadth and scale of these cases have
forced the creation of new avenues for rapid prosecution that result in tremendous
220 Ibid.
221 Human Rights Watch interview with Robin Whiteley, Tijuana, Mexico, October 22, 2012.
222 Human Rights Watch telephone interview with Deirdre Mokos, assistant federal defender in Tucson, Arizona, March 4,
2013; and email from Deirdre Mokos to Human Rights Watch, April 26, 2013.
77 HUMAN RIGHTS WATCH | MAY 2013