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'If I don't put handcuffs, you may grab a pen and kill me'

Part I: 'Welcome to America. Now here are your handcuffs'

The really big story, however, is what happened to the forty software developers with Indian passports (some already green-card holders, i e legal permanent residents in the US, no less) and the INS's abominable treatment of them. The bare facts that have emerged are as follows, according to the India Abroad Center for Political Action at www.iacfpa.org

'On January 20, 2000, the INS conducted a worksite raid of the Randolph Air Force Base in San Antonio, Texas and arrested 40 Indian computer programmers working on H1-B visas. The purpose of the raid was to uncover a "visa scam," however, the end result was public humiliation, mistreatment, and denial of fundamental civil liberties of Indian nationals whose only offense was coming into work that morning.'

It appears that race was an issue -- a white Canadian also on an H1-B visa was not detained; and the INS agents allegedly made derogatory statements about Indians and India. Here is a verbatim report from one of the software engineers who were subjected to what was, to make no bones about it, a fascist inquisition. This is on www.iacfpa.org from a report in The Indian Express, I believe:

'I come from a respectable family from India and have no criminal record.

Finished Bachelors of Engineering in India before coming to America for higher studies. Graduated from an American university with Masters in Computer Science before taking up a job on practical training.

Well aware of the immigration laws in US during F1 student status. Never been out of status during F1 Status. No criminal record in America either. Hired by a company in Houston during practical training program. Changed status to H1-B before practical training expires.

Hired by another consulting company in Houston, Texas. Started working for that company immediately after transferring H1-B. So no out of status here either.

As a part of consulting career, got assignment at Randolph Air Force Base in San Antonio, Texas, and moved to San Antonio.

I started working for the Military Modernisation project which is a prestigious project for the whole United States Air Force community because it deals with their day to day activity as well as their family history. What not, it deals with every Air Force personnel life time history.

Proud to be part of such a project. Been working happily for 2 1/2 years.

Then there was an INS raid exactly a year ago, they picked up some personnel for questioning in a decent manner. Found a guy with some discrepancies with paper work. Didn't care much because I've never been out of status and having all the valid documents.

Nothing happened for another year.

There comes another INS raid at US Air Force Base.

THE DAY OF THE INS RAID:

Started working at 7:30 am as usual. Around 9:30 am or so, there comes our Lt Col asking us to come forward and move to a common area for an INS questioning.

Being unaware of the things, picked up the documents that shows my legality in this country and moved to the area where all my colleagues already present. Observed by that time all the US citizens were out of the area. They are forcing all the people look like Indians into the common area. You could be an Indian American aka US citizen, but by the looks, you are not alone to be detained.

I was confident that just by looking at my documents, any INS agent would let me go free. I was wrong. They said they are picking up Indians working for two companies for questioning at INS local office.

There was a guy from an American neighbouring country working on the same project. When INS asked that particular person for the documents, he said he don't have it right now, and don't know whether they are at home or in his car. Strange thing happened, INS agents let him go. No questioning.

Nothing. Quite different case for Indians. They preached us that all foreign nationals in the US need to carry the passport and all other valid documents at all times.

The agent put a handcuff on me. He didn't say anything. He didn't read my rights. He didn't tell me why he is putting handcuffs on me.

Then they paraded me along with my teammates outside the building where there was a van which is already jampacked with other Indians working at the same building including women. We waited for another van to come and pick us in a bitter cold weather. When we asked them about waiting inside the building until new van comes up because none of us had time to pick up our jackets, the agents started making fun of us saying that we were shivering because we are illegals.

They treated us like common criminals.

There comes a new van... loaded us, let me say again they loaded us literally into the van and followed a convoy of about three vans and five cars.

At the beginning they don't know whom to follow. So they stopped in between on the road, started talking with others in the operation on radio. So they decided to go the nearby apartment complex where most of the Indians are staying to pick up the passports and all the immigration documents. Poor Indians (including me), thought, they will leave us after they see the docs. Nope.

They grabbed whatever they can at the apartments. If you have a housewife, they didn't spare. Asked whoever stayed at the apartments to get on to the convoy with the handcuffs.

When somebody asked for bathroom they asked us to wait until we go to INS building which was half-an hour away from the base.

AT THE INS BUILDING:

They unloaded us, let me say again unloaded like common criminals at the INS office. They moved us into the building during that time I saw a bathroom up there, and asked the agent to let me go. He said you will have a special bathroom upstairs. I didn't understand what did he mean until they pushed us into a small room filled with about 50 people inside and a toilet at a corner in that small room. Now I realised that I need to pee in front of 50 people. Thank God I didn't have a need to the second nature call at that time.

Then they started calling people one by one for questioning. If you are lucky, you get a good agent who will make you let go.

It seemed that the agents didn't prepare much for what to do after we came. They started hurriedly trying to open up the appropriate forms to fill up on the computer. Some agents started enquiring from other agents which form to fill. Some even looked asking how to print it, how to save it, what template to use, like that. I don't blame them for that. But to fill up a questionnaire of 20 questions my agent took two hours as I was lucky. Some of other Indians waited for 4-6 hours for the same process.

It looked like their main intention was to put as many people into the jail for the night. Because they very well know that the bond office downstairs closes at 4 pm, and if we can't get the bond paper work by that time, we will be spending the night in the jail. So they successfully made 19 guys and 4 girls to miss the 4 pm deadline to pay for the bond, and sent us to the jail.

The agent asked me whether I need an attorney. I still believed that I will be free after couple of questions. So I said I don't need anybody, and told him that I will answer whatever he wants. I'm pretty much confident that I'm not illegal.

After couple of questions, I asked him what's going on.

Then he said its not your fault, its happening because of my employer. I didn't understand what he meant, if it is not my fault what the heck I'm doing here. Then he said, I'm supposed to work in Houston, instead I'm working in San Antonio.

I am totally unaware of this law point. In fact, 99 per cent of the consulting people in this land of immigrants un-aware of this. Because, when my H1 approved, all I got from my employer is the approval notice and nothing else. How am I supposed to know what is my work address if at all there is a law prohibiting H1 people to work in other cities. H1 approval notice doesn't say anything about this and the employer has no reason to give all the paper work to the employee. So consulting people never know which address they are authorised to work.

Consulting business runs on this principle. Work assignments are scattered around the country. So people like me never will be knowing that there is a law prohibiting H1 people to work in other cities than the city they authorised to work.

I told him the same.

Then he said if a consulting company wants to send employees to different cities the company need to send them an itinerary of the employee. Any body want to laugh at this moment, So finally I realized that I am in trouble because my employer didn't send the INS agent my itinerary and didn't update the paper work. I didn't understand one thing at this juncture. If the agent knows very well that I didn't do anything wrong, then why the hell he is harassing me. I ain't no criminal, I got no criminal record, I have no reason to run away from INS agents.

Instead, they can go and question the employer for his so called wrong doing. Any way I started believing that moment about the stories I heard about INS. So he took my finger prints and all the regular stuff, and told me that I am under arrest.

Thats when the first time I heard a word about arrest.

After that it is all procedural, they sent us downstairs into a much smaller room, and then into the van. The van took us about 80 miles from INS office into some correctional facility.

Excerpts from my fellow victims experience in this raid: ''You, INDIANS, move here." ''You make more money than me." ''If I don't put handcuffs, you may grab a pen and kill me." ''I can't even afford to buy the kind of jacket you are wearing." ''You people make lot of easy money. Why did you come to US? Learn ''..."language if you want to live in Texas." ''Offered BEEF burritos knowingly that Indians don't eat beef. Promised to bring vegetarian food and gave with meat in it without telling about it."

''Didn't care much about pregnant women who are on H4."

''Made derogatory comments about India."

''Made fun of Indian customs."

So there you have it -- a first-hand report from someone whose civil rights were violated with impunity. I don't know about you, but to me this man does sound like "one of us" -- a decent, law-abiding, middle-class individual. Just think, gentle reader, this could be you -- whether you are a young engineer in India with your eyes on that H1-B visa or an Indian-American who proudly owns a US passport. Your rights could be violated just as this anonymous man's were.

There is something you can do, though, if you are in the US: find your Representative and Senator at www.house.gov/writerep and www.senate.gov and write to them. There is a sample letter at www.iacfpa.org/ins0100.htm

And write to the following as well (addresses at the above site):
· Doris Meissner, INS Commissioner
· Kenneth Pasquarell, District Director of the INS, San Antonio, Texas
· Bill Clinton, President, president@whitehouse.gov
· Janet Reno, Attorney General
· Laura Efurd, Deputy Public Liaison, White House
· Bill Lann Lee, Acting Assistant Attorney General, Civil Rights Division
· Representative Underwood, APA Congressional Caucus
· Representative Sheila Jackson-Lee, House Subcommittee on Immigration and Claims
· Senator Edward Kennedy, Senate Subcommittee on Immigration
· Senator Spencer Abraham, Senate Subcommittee on Immigration
· Senator Dianne Feinstein
· Representative Gary Ackerman, Congressional Caucus on Indian Americans
· Representative Jim Greenwood
· Representative Richard Gephardt
· Representative Dennis Hastert
· Senator Tom Daschle
· Senator Trent Lott
· Al Gore, Vice President
· Bill Bradley, Candidate for President
· John McCain, Candidate for President
· George W Bush, Candidate for President and Governor of Texas

Will all this letter-writing have any effect? I think so. American politicians are acutely sensitive to the public, especially the public with some money to donate, in this election year.

I keep getting queries from people about how to do their bit for India and Indians. Here is an excellent cause -- organize, think, start a campaign. I already know of several groups doing some think-tank-ish work: www.bharat-rakshak.com, American Friends of India, Prakash, etc. You might consider joining them.

I don't know if this is a strength or a flaw of the democratic system in the US, but a passionate, articulate and determined interest group can get their concerns heard and acted upon by the powers that be. I have said this again and again before, especially in relation to Rep Dan Burton of Indiana; but Indian Americans really ought to, in the interest of enlightened self-interest, become political actors -- and that doesn't mean just getting photo-opportunities with some politician or the other.

Postscript: I have had a lot of problems with my incoming mail lately. Briefly, any mail sent to me at rajeev@rediffmail.com since February 1, 2000, has not been seen by me as I am unable to access this account or any of the old mails I had saved. I apologize to any of you who has written in. And I had just begun to be able to acknowledge incoming mail, sigh! I have now created a new email address, rajeevmail@yahoo.com. Please direct all responses to it.

Rajeev Srinivasan