X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.
In New York’s Chinese community they’re called “snakeheads” — smugglers who run the lucrative and dangerous underground trafficking in human beings.And, as in any business, the snakeheads need lawyers. As a result, say a wide variety of sources, a group of attorneys plays a dual role. Although they nominally represent illegal immigrants who are caught and face deportation, they actually defend the interests of the smugglers, who pay their fees. The snakeheads’ interests are in getting the immigrants out of custody quickly, so they can collect a fee of up to $80,000 per person, say the sources, who include immigrants’ advocates, lawyers, social workers, academics and an investigator for the U.S. Immigration and Naturalization Service (INS). “The snakeheads really need that service,” says Peter Kwong, a professor of urban planning and Asian-American studies at Hunter College in New York who wrote “Forbidden Workers: Illegal Chinese Immigrants and American Labor.” “The biggest risk to their cargoes are basically that they’re being arrested, so the lawyers have to intervene.” The experts, backed by court records, paint a picture of a smuggling process that exploits thousands of people brought to this country to work in what amounts to indentured servitude. The smuggler lawyers, they say, play an intrinsic role. “There’s no one who goes through smuggling without knowing what kind of legal services the smugglers offer,” Kwong says. “That’s part of the reputation of the snakehead.” CONVICTED LAWYER Spotlighting the problem earlier this year was the conviction of lawyer Robert Porges, who operated an immigration firm in Manhattan. A 90-count federal indictment said that he was deeply involved in smuggling. Though the extent of Porges’ involvement with the snakeheads was unusual, the experts say, he was one of many lawyers who illegally and unethically earn a living off the trade. Despite the likelihood that business will go on as usual, none of several agencies that might address the activities of these lawyers has given it high priority. The smugglers usually bring their “clients” across U.S. borders in groups of 10 to 300 by air, boat or land, according to Anthony Scandiffio, an INS investigator who testified in the trial of a Porges Law Firm employee. The U.S. State Department estimates that 30,000 to 40,000 Chinese immigrants come to the United States every year. Virtually all have paid smugglers to be brought here. The Chinese smuggling is part of a worldwide trafficking in people that the State Department, which maintains a Web site on the subject, said a year ago was commonly estimated to be a $7 billion-a-year business. Immigrants typically pay the snakeheads’ fee through loans their families get from underground banks often run by snakeheads. They are expected to repay them by working in restaurants and sweatshops. Paying the debt can take 12 hours a day, six days a week, for five years. Women reportedly are increasingly being sold into marriage to men willing to pay part or all of their debt. Many of those smuggled here expect to be caught — and many are — so the illegal immigrants sometimes memorize the phone numbers of the lawyers who’ll represent them. In other cases, the smugglers initiate the legal proceedings. “Typically,” Scandiffio testified, “what you will see with the agents is a smuggler who will bring lists of names of their aliens. It could be, if it is a boat, it could be anywhere from as small as 10 to maybe 100 aliens that they will be responsible for getting out of INS custody. Then that particular law firm will represent each one of those aliens on behalf of the smuggler.” The lawyer usually also contacts the detainee’s family in the United States, if there is one, to ask for documents that could help with a bond request — and money in addition to what the smuggler has provided. But, the experts say, the goal of the smugglers’ lawyers is only to get the immigrant released so the smuggler can be paid. So they often do the following:

This content has been archived. It is available exclusively through our partner LexisNexis®.

To view this content, please continue to Lexis Advance®.

Not a Lexis Advance® Subscriber? Subscribe Now

Why am I seeing this?

LexisNexis® is now the exclusive third party online distributor of the broad collection of current and archived versions of ALM's legal news publications. LexisNexis® customers will be able to access and use ALM's content by subscribing to the LexisNexis® services via Lexis Advance®. This includes content from the National Law Journal®, The American Lawyer®, Law Technology News®, The New York Law Journal® and Corporate Counsel®, as well as ALM's other newspapers, directories, legal treatises, published and unpublished court opinions, and other sources of legal information.

ALM's content plays a significant role in your work and research, and now through this alliance LexisNexis® will bring you access to an even more comprehensive collection of legal content.

For questions call 1-877-256-2472 or contact us at [email protected]

 
 

ALM Legal Publication Newsletters

Sign Up Today and Never Miss Another Story.

As part of your digital membership, you can sign up for an unlimited number of a wide range of complimentary newsletters. Visit your My Account page to make your selections. Get the timely legal news and critical analysis you cannot afford to miss. Tailored just for you. In your inbox. Every day.

Copyright © 2020 ALM Media Properties, LLC. All Rights Reserved.