Once a slave in the US, still fighting for her freedom
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Capt. Kyle Jackson of LAPD says the police never thought about the problem since they had no authority until the state penal code changed last year.
"You might look at a two-bedroom apartment with 20 people in it and think they're undocumented individuals – which local law enforcement doesn't get involved in – whereas it might in fact be trafficking," he says. Now they're training all LAPD officers and providing resources for other departments in the state.
Human trafficking is fast approaching drugs and the illegal arms trade as the most profitable criminal activities globally. In 2000, Congress passed the Trafficking Victims Protection Act (TVPA), to enlist the government in prosecution of traffickers and provision of victim services. At least 22 states have passed laws, but law enforcement is scrambling to train their people about the problem and how to identify situations correctly.
The failure to do so was extremely costly for Suárez. Her captor had rented an apartment in his garage to a young couple. But he began bothering the young woman, Suárez recalls. "One morning, I heard him screaming outside," she says. As she tells it, when she rushed out, she found the young man had hit Covarrubias with a piece of wood and killed him. When the man told her to wash the wood and put it under the house, she did what he said. Soon, they were all arrested.
In shock and still not understanding English, Suárez had what was later acknowledged to be terrible representation by a lawyer who was eventually disbarred. At 21, she was convicted of first-degree murder and sent to prison for 25 years to life, even though the man who committed the crime said she was not involved. Remarkably, she made the best of it – learning English, getting her GED, leading counseling sessions, and running marathons in prison for charity.
"She's an amazing person," says Charles Song, CAST's legal services director. "I expected to meet a bitter, angry woman who hated men, but she was totally different, very forgiving. She refused to sue anyone and said she just wanted a little justice."
Released from prison in 2003 after 22 years, Suárez's tribulations did not end. She was immediately placed in federal detention. Immigration law mandates the deportation of any noncitizen convicted of certain crimes, regardless of whether they were wrongly convicted. A judge ordered her deported, but Suárez was saved when she received a "T visa."
The TVPA provides special visas to trafficking victims for three years, after which they may apply for a green card. But regulations governing that transition have never been completed by the Department of Homeland Security. Her T visa expires in May, and unless she can win a pardon from Gov. Arnold Schwarzenegger, she is again threatened with deportation.
Mr. Song is seeking a meeting with the governor and is also filing a writ challenging her conviction. Both police and the lawyer who represented her have supported efforts to change the conviction.
Meanwhile, Suárez has taken college courses with the aim of becoming a social worker and has a part-time job counseling domestic violence cases. She's also learning to drive. But what means most to her right now is time with her family, who visited her regularly in prison.
"The most beautiful thing is to be free – just to wake up and take my shower ... and go visit with them in the park, have a hamburger – that's what I treasure."
She also works with CAST, speaking at conferences to educate law-enforcement officials and community groups about slavery.
"It's very painful when you feel you are in a cage.... And so many people are still going through what I went through," she says.
Yet until she wins a pardon and gets a green card, she's still in a cage of sorts, reporting to a parole officer. "The only thing I want is for them to let me be free and to let me do something good for this country," Suárez adds.
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