Immigrants who survived sweltering truck get to stay in U.S. for a year

Houston Chronicle ^ | Oct. 6, 2003 | LISE OLSEN

[gubamyster]

Oct. 6, 2003, 5:06PM

By LISE OLSEN Copyright 2003 Houston Chronicle

Forty would-be immigrants who survived the Victoria smuggling tragedy in May have been granted permission to stay and work in the United States for up to a year, federal officials said.

Immigration officials in Houston issued employment permits Saturday to those who survived being locked in an abandoned tractor trailer in which 19 others died.

The permits allow them to attempt to support themselves as prosecutors prepare for a June 2004 trial against nine people accused of operating a smuggling ring tied to the deaths. All of the survivors are considered potential material witnesses in the federal case.

In addition to the nine arrested thus far and accused of being involved in the smuggling operation, five others are being sought, according to a 58-count federal indictment returned on June 12.

In the incident, between 70 and 100 undocumented men, women and children from Mexico, El Salvador, Honduras, El Salvador, Nicaragua and Guatemala were loaded onto a tractor trailer bound from the Rio Grande Valley to Houston. Each undocumented alien is believed to have been charged about $1,800 in smuggling fees for the trip, according to the indictment.

Nineteen died after all were trapped for hours in the overheated truck, which the driver abandoned in Victoria on May 14. One of those trapped dangled a bandana through a small hole to attract help.

Of as many as 80 survivors, 55 ultimately were rounded up and detained by immigration officials in Houston. Many were released about two weeks later after the Mexican consulate in Houston, along with others, agreed to post bond for them in immigration court.

At least three remain in custody because they previously had entered the United States illegally or have criminal records, authorities said.

Most of the remaining adult survivors also are expected to be issued work permits. At least seven of the survivors are under age 18.

Immigration officials would not say how many of the survivors remain in Houston.

[gubamyster]

Well, there is some debate about that:

Did the Fourteenth Amendment make the American People Citizens of the Federal Government?

[Viva Le Dissention]

While there may be some interesting debates of semantics that revolve around the 14th Amend., the plain language of the amendment is quite clear: if you're born here, you're a citizen.

More important than the plain language, however, is the gov't's unwavering support of the proposition that if you're born here, you're set. It's like winning the lottery.

[varon]

it's that tricky "right to confront witnesses against you."

Are you sure you're not thinking of "right to confront your accuser" ? To best of my knowledge/experience a sworn affidavit is admissable evidence/witness.

[only1percent]

The sixth amendment, made applicable to the states by the fourteenth amendment, ensures, inter alia, the right of an accused "to be confronted with the witnesses against him."

Affidavits can be admitted for the purposes of impeaching a live witness, of course. "You tell us now that Joe Schmoe shot John Doe. But is it not true that in this affidavit you stated that it was Joe's brother Jim who fired the fatal shot?" Etc.

[JustPiper]

I have always used the anaology of Escape from NY, bump to that!