Federal Judge Downes frustrated by employers (Casper Journal)

Federal Judge Downes frustrated by employers
by Greg Fladager
Thursday, November 25, 2010 3:46 PM MST

“I’ve had a bellyful of this hypocrisy,” said Federal Judge William Downes in Casper as he was about to sentence another illegal immigrant from Mexico.

Standing before him was Manuel Sanchez Rodriquez, who had been arrested for drunk driving. It almost doesn’t matter where, it could be anywhere in Wyoming.

Judge Downes made the comment as he was inquiring whether Rodriquez held steady employment in his past three years in the state, and with what company.

“Lightning Construction,” Rodriquez said in Spanish, the word “lightning” getting confused in translation, just as it had when interviewed for his pre-sentence report.

“Did you have steady employment?” the judge asked again.

“Two years and eight months,” Rodriquez finally stated though a translator.

“Has any American in Evanston who hired you ever asked for documentation?” the judge continued.

Rodriquez paused, listening to the translator, and then said, “No.”

“Sadly, that’s the state of justice in America … ” Downes remarked, shaking his head, noting only the illegal workers are prosecuted, not the employers, then further commenting while some Americans are duped, many knowingly violate the law. This was the judge’s second hearing on an undocumented worker that morning.

“You, we criminalize,” Downes said looking at Rodriquez. “We don’t look at the criminal behavior, or potential criminal behavior, of employers … only yours.”

Rodriquez told the judge he was from a poor family in the state of Chihuahua, and had come to work and earn money to help his family, and brothers and sisters. This will be second time he has been deported.

“I know things are very hard in the state of Chihuahua right now,” Downes said, pausing, “but you have violated the law … ” and he went on to sentence Rodriquez to six months in prison (the minimum under federal guidelines), plus three years probation (if for some reason he isn’t deported), and no fines (because of the defendant’s inability to pay).

“If you come back across the border and I’m still a judge here, I will deal with you harshly,” Downes warned.

As he concluded the hearing, the judge put in a recommendation that the Bureau of Prisons place Rodriquez in a facility close to the border with Chihuahua, and then wished Rodriguez well in finding work, along with a good future, in his home state.

Perhaps it was simply a reminder of what he had said earlier in the proceedings, “You didn’t hurt anyone, you came here to work.”