By Jorge Mujica
Extravagant. That is the simplest word to describe ridiculous fate of millions of dollars, 17 at least, they were illegally seized to hundreds of people, mostly immigrants, after sending it through Western Union.
The adventure of this money began with back in 2004, curiously as a byproduct of enhanced border enforcement in the State of California, the famous Operation Gatekeeper started by President Bill Clinton, which forced hundreds of thousands of immigrants to try to cross the border at the neighboring state Arizona.
Between September 2004 and October 2006, Western Union complied with an order of the authorities in Arizona, and confiscated millions of dollars that customers from 29 states sent to family and friends in this State and the Mexican state of Sonora. The excuse was that the dough was being used to pay “coyotes” in Sonora and Arizona, and the order was given as part of the campaign to reinforce the border.
But the confiscation of the money was not on a case by case basis, under the famous “reasonable suspicion” demanded by the law, and Western Union did not feel comfortable doing it. They denounced the seizure as illegal and unconstitutional because no state, says the Constitution, could take “legal action without legal grounds” or seize property “without a full and justified legal process”, nor restrict the “freedom to trade between States,” so it sued the Arizona Attorney General Terry Goddard against the confiscations. Eight months ago the Arizona Supreme Court gave the reason to Western Union in the case of Sonora. Moreover, Western Union sought an immigrant organization, the Illinois Coalition for Immigrant and Refugee Rights (ICIRR,) to raise a class action suit in favor of all concerned clients, against the Arizona Attorney.
… AND GETTING FLEECED
Where the case becomes terribly extravagant, it when a couple of weeks ago, Western Union announced an “agreement” with Arizona, under which it will pay $ 94 million to the state. Attorney Terry Goddard, now a candidate for Governor, is happy and says it will use most of the money to further strengthen border surveillance. Moreover, he declared to The New York Times that “the seizures will resume.”
About the money originally confiscated to hundreds of immigrants, there’s not a word. Even worse. Not only their money was illegally confiscated, but it will be used to pay for more border enforcement. Western Union says their money is included in the agreement with Arizona, and backtracked on its promise to deliver to ICIRR sworn affidavits from their attorneys about the confiscations and the orders it received from the state. And of course, Western Union says nothing about why is paying the State, in the first place.
But if the company lost with the “agreement”, its clients are taking the worst part. Their lawsuit is still pending and could take years to go trough the Court system. Moreover, it could get more complicated because there will have to be a decision as to whether their money is in the hands of Western Union or the State of Arizona.
Western Union makes hundreds of millions of dollars in fees it charges to immigrants sending remittances to their countries of origin or other immigrants in this country. Their customers deserve to be treated with dignity and respect, not to have their money stolen and then used for anti-immigrant measures.
To put pressure on Western Union, a petition is now circulating in the Internet demanding the return of the money, with interests, by including in their “agreement” with Arizona the creation of a reimbursement fund for those affected. For the future, ensure that the agency will not cooperate with any further illegal confiscation of their clients’ money. If you like to sign the petition, look on the Internet. (http://immigration.change.org/actions/view/tell_western_union_to_stop_seizing_customers_cash).
If Western Union does not return the money, as their wronged clients say… “You may have bought peace with the authorities in Arizona, but rest assured that unless you satisfy this call, do the right thing for your customers, we will do our best to disclose publicly your actions and invite all of your clients to change service.” mexicodelnorte@yahoo.com.mx
