New Orleans Workers’ Center for Racial Justice

Backers rally for Cass 23

Patrick Springer

The Forum - 11/20/2008

The 23 itinerant workers from India who have spent 22 days in the Cass County Jail are victims of human trafficking in the eyes of their supporters and illegal immigrants in the eyes of prosecutors.

More than 20 supporters of the Cass 23 gathered Wednesday in subzero weather to offer prayers and pleas on their behalf in front of the Federal Building in downtown Fargo.

A short time later, federal prosecutors filed a motion seeking re-evaluation of their status as indigents, arguing the $69,000 they collectively drew in their last paychecks might make them ineligible to receive public defenders.

The activities Wednesday were the latest in the maelstrom of rhetoric and legal actions that have ensued since the workers were arrested Oct. 28 at the offices of a local contractor.

The defendants, who speak three or four different Indian dialects, worked as welders and pipe fitters at the ethanol plant under construction near Casselton.

The men are skilled tradesmen who travel abroad to support their families. All are from a region of north India that converted to Christianity centuries ago.

Some worked in the Middle East before coming to the United States to help rebuild the Gulf of Mexico following Hurricane Katrina in 2005.

They entered the country with legal temporary work visas, but are accused of later obtaining counterfeit Social Security cards and falsely claiming U.S. citizenship.

The men and their advocates contend they were lured by false promises that they would obtain permanent legal residency and would be able to work legally to support their families back in India.

When they got here they found a different situation, said Barry Nelson, an organizer of Wednesday s prayer vigil. They found out their green cards they were promised were in fact guest worker passes.

Initially, 500 guest workers came from India to work repairing oil rigs in the Gulf of Mexico at yards in Texas and Mississippi. Of those, 250 remain in the United States, including the 23 jailed in Fargo.

The workers, some of whom traveled to Washington and went on a hunger strike to press their case, have asked for legal status allowing them to remain in the U.S. pending the outcome of a criminal investigation into the human trafficking allegations.

U.S. Sen. Patrick Leahy, chairman of the Senate Judiciary Committee, has written justice officials to urge that they grant the Indian workers continued presence protection so they can help with the U.S. Department of Justice s ongoing criminal investigation of their reportedly appalling treatment.

Advocates have filed a class-action lawsuit on behalf of the workers, claiming they were victims of an exploitative recruiting scheme by Signal International, a marine contractor that builds and repairs oil rigs.

The men paid up to $20,000 a sum that is the equivalent of two or three generations of labor in north India to come to the United States with promises of gainful employment and permanent legal residency.

Instead, they were placed in overcrowded labor camps where they were unable to leave and subject to a campaign of psychological abuse, coercion, and fraud designed to keep them captive employees of Signal, the lawsuit claims.

Signal declined The Forum s requests for comment Wednesday. Earlier, the company has called the allegations baseless and unfounded, and said several federal agencies, including federal labor officials, found them in legal compliance.

The Criminal Section of the Justice Department s Civil Rights Division has an open and ongoing investigation into the matter, Jamie Hais, a Justice spokesman, said Wednesday. Nothing to add beyond that.

Drew Wrigley, U.S. attorney for North Dakota, reiterated Wednesday that his office was aware of the allegations of human trafficking as well as the Department of Justice s criminal investigation before filing charges.

We re not moving ahead with our investigation without the full knowledge of the Department of Justice in Washington, he said. Human trafficking allegations of people facing illegal immigration charges are not uncommon, he added.

The Rev. Jeff Sandgren, a pastor at Olivet Lutheran Church in Fargo, was one of those who turned out for the prayer vigil. He believes the workers came to the United States believing they were on track to have permanent residency to enable them to work legally.

I have absolutely no doubt that these folks came with the best of intentions, Sandgren said. These folks were brought here under false pretenses.

Sandgren happens to be Wrigley s pastor, and each describes the other as a good friend. Both men have spoken about their divergent views of the case. Each credits the other with being sincere in his beliefs.

But they don t appear to agree on much else concerning the Cass 23.

Readers can reach Forum reporter Patrick Springer at (701) 241-5522