By Hook or By Crook
by
Charles H. Featherstone
by Charles H. Featherstone
Patrick
Haab
probably wishes right now that he'd never pulled that gun.
Sitting
in the regulation black and white stripes of the Maricopa County
Jail (operated by long-time friend of "law and order,"
Sheriff Joe Arpaio), Haab, a sergeant and civil affairs specialist
in the Army Reserve, told The
Arizona Republic last week that he "acted in self-defense"
when he pulled a gun on a group of men he said we going to attack
him while he stopped at an Arizona rest stop.
According
to the Republic, Haab prevented the men – identified as illegal
migrants from Mexico – from entering a Chevrolet Suburban and then
detained them for a half-an-hour while he and another motorist waited
for the Border Patrol to arrive.
"I
never patted any subjects down," Haab told the Republic.
"I never pulled the (gun's) hammer back."
Maybe.
Maybe not. I wasn't there at that rest stop on I-8 the night this
all reportedly went down, so I don't know. Apparently, the "authorities"
are trying to, in their own special way, portray Haab as a "mentally
disturbed" man on anti-depressants (to treat post-traumatic
stress disorder, according to the Republic) who had only
shortly before been turned down for a job by the very sheriff's
department now holding him in custody.
Whether
Haab was simply overreacting to a frightening situation in the best
way he knew how – by using the highly effective "people skills"
he learned while dealing with Iraqis – without knowing what he was
dealing with, or whether he knew he was dealing with illegal border
crossers and thought this would be a good way to be a hero, we'll
probably never know.
(Arpaio
was one of those heroes of the 1980s whose commitment to casual
cruelty and humiliation of those in state custody earned him many
accolades among law and order types. My brief sortie
into Blogistan on this issue, however, shows that this arrest
has tarnished Joe's shine. Further probing shows the tough sheriff
has been out of favor
with a few for quite some time. So lesson number one to all those
"law and order civilians" out there: law and order is
whatever the state and its official hirelings say it is. And not
what you and your political ideology think it ought to be.)
Maybe
Haab was trying to show off for the Minutemen,
the all-volunteer force currently patrolling the Arizona-Mexico
frontier. "This call for volunteers is not a call to arms,
but a call to voices seeking a peaceful and respectable resolve
to the chaotic neglect by members of our local, state and federal
governments charged with applying U.S. immigration law," the
group's
web site says.
For
what it's worth, the media in Tucson said the Minutemen pledged
not to detain anyone, and the web site promised that volunteers
would follow illegal border crossers until the US Border Patrol
showed up, and that they will "not violate anyone's civil rights,
and will not abuse anyone from any country."
But
as I drove along Arizona Highway 82 between Bisbee and Sierra Vista
(yes, in an automobile, a big Ford Explorer to boot) early last
week, I saw a group of men with weapons who did not look like Border
Patrol agents appear to be detaining two or three men who looked
like they could have been from Mexico or Central America. I could
not tell because I tend not to slow down for men with guns unless
they tell me to. I wasn't about to stop and ask. (Another reason
I am no longer cut out to be a journalist...)
The
only Border Patrol I saw along the entire drive were a few vehicles
skulking around like cockroaches in a dimly lit room.
I
am ambivalent about immigration, legal or illegal. Ambivalent because
twice in my life I have gone abroad for work, once to the United
Arab Emirates (1995) and more recently (2003) to Saudi Arabia. So
I know, both personally and by seeing migrants in societies where
the majority of workers are migrants, what it means to cross national
frontiers to find work and what it means to work in a country where
the laws, customs and society are not yours.
I've
even been an illegal alien too.
In
the case of Dubai, that was my first serious job out of college,
and I got that job after sending several resumes and cover letters
to English-language newspapers in the Middle East. The
Khaleej Times was the only paper to bite, and the process
needed to get my work permit and visa was excruciating. It took
eight months, from the time I sent them a certified and authenticated
copy of my Ohio State diploma until the time I received a visa and
airline tickets.
(Authenticating
documents itself was an amusingly absurd process. Beginning with
a notarized copy of my diploma, it eventually required the California
Secretary of State to certify the notary and the US State Department
to certify whatever it was the State Department needed to certify.
It was a pretty package, bound with ribbons and wax seals by the
time I got it back from Foggy Bottom, and I wondered as I bundled
it in an envelope bound for Dubai if it needed to go off to the
United Nations or the Vatican for further seals and imprints...)
I
enjoyed the work in Dubai, though the pay stank. I made about $960
per-month, not a lot of money in the very expensive city of Dubai
in 1995 (but more than my Filipino, Indian and Arab colleagues made).
Eventually, I bit the bullet and bought myself out of my contract
after only six months, knowing there was no way I could provide
a decent place to live for my wife and pay off my OSU student loans
(then a "manageable" $20,000) while working there.
The
visa process for The
Saudi Gazette was just as excruciating, given the kingdom's
Interior Ministry was not happy with the idea of having a handful
of American journalists wandering around the country. I was offered
the job, which involved helping to edit the newspaper and teach
Saudis how to be reporters, in December of 2002, though it was not
until July that the frustrated managers of the Gazette came up with
a solution to move the stalled visa process along – they would bring
their American hires over on visit visas, and hope that with Americans
in the country a fait accompli, they could call in some favors
and the Interior Ministry would convert our 90-day visit visas to
one-year residence visas. Thanks to Lawrence
Wright's hack job in the New Yorker in January of 2004, the
Saudi government froze and no one anywhere wanted to sign off on
my visa.
It
lapsed, and for nearly three months I worked illegally in the Kingdom
of Saudi Arabia, always worried that at any time a police office
might ask me for my iqama (work permit) or my passport and,
seeing that my visa had expired, disappear me into the Saudi prison
system never to be seen again.
By
this time, I'm sorry to say, I decided I had not come 8,000 miles
to sit in a cubicle in front of a computer 10 hours each day for
six or seven days each week. I wanted to wander around Saudi Arabia,
meet more Saudis, learn more about the country, and that was unlikely
to happen. So, I came home.
What
did I learn during my two sojourns among the migrants? Before I
get to any of my main points, I learned first and foremost that
as a Westerner, an American, I had economic and social opportunities
that most of the people I worked with – Indians, Pakistanis, Filipinos,
Arabs – did not have. (I also had, I learned, a government that
was willing to actually help me if I was in a spot with an employer.)
Most were in the Gulf because those opportunities were the best
they had, because well-paying work, or even employment itself was
difficult to find at home. Sometimes this was the result of stagnant
economies at home (Syria, India and Pakistan up until the late 1990s),
and sometimes work was difficult to find because domestic politics
made it difficult. (It seems a lot of opponents of former Philippines
President Ferdinand Marcos had no choice to but look for employment
in the Gulf, and I met more Filipino communists in the Gulf than
probably live in the entire Philippines right now.)
But
most importantly, any wealthy society attracts people looking for
employment and commerce, and if they cannot get there legally –
by waiting months for an employer-sponsored visa – some of them
will do what they can, cross oceans in leaky boats if necessary,
to get there. The world is full of people who cross borders any
way they can if it means a better shot in life for themselves or
their children.
In
Jeddah, the illegal migrants seemed to come mostly from Africa,
though a large number of Indians, Pakistanis, Bangladeshis, Sri
Lankans and who knows who else have made their way illegally to
all of the Gulf states. Balad, the winding open market at the center
of Old Jeddah, is full of African merchants selling clothes, kitchen
goods, trinkets and cheap electronics from "shops" spread
out on the sidewalks in front of them. Many of these merchants come
for Hajj (the major pilgrimage every Muslim is required to
do at least once in his or her life) or Umrah (the minor
pilgrimage) with goods in tow to sell, to earn either a return ticket
home or some extra income or both. Some use the opportunity of a
Hajj visa to stay in the kingdom and work until they are
caught or can leave as clandestinely as they came. It's a practice
Saudi officials are trying to end, but the Hejaz – the western region
of Saudi Arabia – is big and the border police are few.
I
bought two dashikis from a Senegalese woman at one such "illegal"
shop tucked away in a nook of Balad one evening not long before
I left Jeddah for 150 riyals, or about $40, each. I cannot imagine
her getting that price in Senegal.
Second,
most migrants – legal and illegal – come to work. In the Gulf, there
is no welfare, no 14th Amendment guaranteeing citizenship
to anyone born in Abu Dhabi, Kuwait City or Saudi Arabia, and no
immigrants rights groups. There is begging and charity, but Gulf
Arabs have come to despair of those who beg alms from their dwindling
oil fortunes, and are suspicious of widespread scams. Balad has
its beggars, and some are mighty pathetic (especially the African
children who have been deliberately disabled), but there are a lot
more "illegal" merchants sitting behind blankets with
their merchandise spread out before them than there are beggars.
And
those migrants work long, hard hours, laying bricks, pushing carts,
fixing cars, digging ditches, selling vegetables, or sitting at
computers and laying out newspaper pages. Educated, skilled workers
can make far more in the Gulf than they can at home, and finding
work doesn't require the kind of political or social connections
that I'm told a good position in India or Pakistan still demands.
For unskilled migrants from rural areas of India, Bangladesh or
the Philippines, working in the Gulf will pay only $300 or $400
per month, if that. They live in dormitories or work camps, wear
employer-provided uniforms and don't make enough to bring families
with them. They will live and work this way for years, because that's
a lot of money where they come from, and many of these laborers
can go home after a decade or more of work with a veritable fortune
in the bank.
But
this also makes people extremely vulnerable. Supposedly, laws exist
in each of these countries to protect legal migrant workers. But
no one can compel a person to behave decently, and the laws are
only as good as employers are. Migrants are almost completely at
the mercy of employers who sponsor their visa applications, pay
all the fees, and then hold their passports once they arrive in
the country. Most migrants do not know the local language, and often
have their movements restricted (especially if they are domestic
workers, such as maids), so their ability to get help when they
need it is very limited.
Near
as I could tell, most employers are pretty good, meeting both their
contractual and legal obligations (annual vacations with return
tickets, accommodation, salary and end-of-contract bonus). However,
there are employers out there who don't pay wages, withhold passports
or return air fare, or demand workers do jobs that they are not
qualified or even able to do. We'd get those kinds of stories at
The Saudi Gazette often enough to make them routine.
The
situation is especially difficult for maids, who are often more
isolated and vulnerable than other kinds of migrant workers. Tales
of rape are common, and a depressing number of maids (many from
the Philippines and Sri Lanka) have wound up in Gulf prisons after
being convicted of killing their employers.
Governments
have tried, quietly, to help deal with the problem by giving domestics
some place to run to. For example, in Dubai, one afternoon I visited
an ad-hoc sanctuary set-up by both the Dubai and Philippines governments
to house maids who had fled their employers. The women taking refuge
there were a mixed bag – one young woman who fled claimed she had
been beaten and repeatedly raped by her employer, and had the photos
to prove she'd been severely beaten, while another left because
she said she won $10,000 in the Dubai
Duty Free raffle and her employer insisted she surrender the
winning ticket to him or she couldn't get her passport back.
Despite
all that, the attraction is strong, and people still go for work,
not handouts or welfare, and in the process make tremendous sacrifices
to improve their lives in ways they cannot at home. I found it an
amazing, and humbling, thing to witness.
And
yet... As much sympathy as I have for migrants, and as much as I
hate nation states and wish they would go away yesterday, something
in my gut tells me that crossing an international frontier ought
not to be the easiest thing in the world to do, that it isn't a
"right." Probably not a libertarian notion, I know.
I
may have worked illegally in Saudi Arabia, but that was not my intention
nor that of my employer. I did not desperately paddle across the
Atlantic, Mediterranean and Red Sea in a dingy, land on the coast
under cover of darkness, and demand food and water on my trek to
Jeddah from bewildered and frightened Saudis along the way.
It
is probably not wise for any society to host a large number of non-citizens
without any political or social rights, few economic opportunities
and no real freedom of contract. Of course, this only matters as
long as citizenship – the right to participate in politics – matters.
Because of that, one does not speak of citizens in most of the Arabian
Gulf states, but rather of nationals, and it is an important distinction.
It is also less of an issue because individuals are not directly
taxed in any way, and so do not have the kinds of "social contract"
expectations from government that many of us do.
But
it matters here. At least right now. Legal or illegal, citizen or
non-citizen, we tax everyone, directly and indirectly. There is
the expectation that someone who is taxed has some right to express
themselves, assemble and petition for a redress of grievances. To
have a whole bunch of people in a society with those expectations
who can do none of those things is to court trouble.
It's
also difficult to have a society full of people who, by law, will
never really be able to call the place home. Even if they settle
for the long haul and even raise children there. You are asking
folks to build your society who can, at a moment's notice, be sent
home. This may be perfectly okay in any school of economics – especially
Austrian economics where we understand everyone benefits from every
voluntary transaction – but it just feels unseemly to me. A bad
basis for judgment, I suppose, but I'm not suggesting a "policy
solution," just noting that it makes sense to me that people
ought to invest some "sweat equity" in their own homes
and communities.
Migrant
workers, legal and illegal, also depress wages, though in the Gulf,
government-set wages for nationals tend to be set so high that even
with the visa application cost and the wait time, it is still cheaper
to bring skilled and unskilled labor from abroad. In the UAE, where
migrants outnumber the natives more than four-to-one, this is not
so big a problem. But there are a lot of Saudis, especially unemployed
men, with few skills and little education looking for work. (This
is not the terror bomb many people think it is either, since many
of those "unemployed" young men appear to have significant
family support, work in the informal family businesses many Saudis
have on the side, or help with the farm if they live outside the
big cities.)
As
one answer, the government in Riyadh has attempted, by fiat, to
wave a wand and "Saudize" whole sectors of the economy,
legally forbidding the hiring of foreigners for jobs as varied as
gold merchants and taxi drivers. This has worked about as well as
you expect it would, though a lot of Saudis are taking whatever
jobs they can find. It's not a bad thing, but it would be much easier
for Saudis to make their way if it were not so easy, or not so cheap,
to hire someone from abroad.
(In
this, Saudi women understand better than their brothers and husbands
what skills are necessary to succeed in the global economy – mainly
mastery of English – and as a consequence, educated women have the
skills employers want while many men don't. And are being hired
to put the skills to use, too.)
While
there are some significant differences here in the US, near as I
can tell, people come here for the same reason so many are scrambling
to get into Saudi Arabia and the UAE – because they want to work
and know there's work to be had. Work no one else wants or cannot
afford to take. Yes, some come for handouts, to give birth in county
hospitals to brand new Americans entitled to whatever Americans
are entitled to, or they come to steal and rob.
That's
how it is, too. Ask any long-time resident of Dubai about the Russians...
In
this country, those agitating "immigrants rights" seem
to view crossing the border as a kind of "social justice,"
a way to right the wrongs of US foreign policy and the seeming "injustice"
of being poor in Guatemala. This view has always infuriated me.
You'll probably never get a kind word out of me about Washington's
foreign policy anywhere, regardless of who is president, but the
answer to that is not to encourage people to sneak into Arizona
or Texas for a piece of whatever they can get in El Norte. The answer
is to put American foreign policy completely out of business and
let Washington's homeless take up residence in the State Department
and then to turn the Pentagon into a giant shopping mall.
As
for being poor in Guatemala, the best answer to that is an end to
US farm subsidies, an end to the long control of politics in most
Latin American states by competing landed and mercantile elites
who have rigged the local economies against everyone else, and an
end to the pretend, lawyer-managed "free trade" of NAFTA,
CAFTA, and the FTAA, and its replacement by real free trade that
gives room for local artisans, small farmers and others the chance
to succeed in their local economies as well as farther afield.
And
once upon a time, people could just move and settle, without regard
to passports, visas and work permits. That probably wasn't a bad
thing, either.
So
I don't know what to think of the Minutemen. On one hand, I sort
of admire them and their decision to defend their homes and what
they see as their way of life. I think that took some real courage
on the part of the organizers and the participants. Especially those
who live on the border and deal with the real problem of illegal
migration every day.
On
the other hand, I probably share very little of their world view.
I'm not bothered, as one San Diego volunteer was, that I'm surrounded
by "people who don't look like me." I've lived too many
places where no one looked like me, or spoke my language well. I
can understand that view, I think, I just don't share it.
Besides,
I rather like living in a country people are scrambling, by hook
or by crook, to get into. It beats the alternatives.
April
20, 2005
Charles
H. Featherstone [send
him mail] is a Washington, D.C.-based journalist specializing
in energy, the Middle East, and Islam. He lives with his wife Jennifer
in Alexandria, Virginia.
Copyright
© 2005 LewRockwell.com
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