Chilean who fought Pinochet now fights deportation

Victor Toro WW photo

A Chilean who was a leader in the movement against the bloody dictatorship of Gen. Augusto Pinochet faces deportation from the U.S. But on Aug. 15, Víctor Toro turned his second appearance before Judge Paul Defonzo of U.S. Immigration Court in Manhattan into a lesson in history.

Attorney Carlos Moreno submitted a complete application for political asylum for Toro. In addition, the lawyer turned in 47 key documents in support of the application. Moreno says about the August day in court: “U.S.-Chilean history came to life in the courtroom.”

The Border Patrol had detained Toro in July 2007 while he was on an Amtrak train that stopped in Rochester, N.Y. His arrest can only be described as racial anti-immigrant profiling. He was incarcerated in Cayuga County Jail with bail set at $5,000.

Toro is undocumented because he was forced to flee Chile in the 1970s as a result of his political work against the U.S.-orchestrated fascist coup there. As a young man in Chile, he was one of the founders of the inspiring and militant Movement of the Revolutionary Left (MIR).

On Sept. 11, 1973, Pinochet led one of the bloodiest coups in Latin America with the connivance of the U.S. government and U.S. corporations making big profits there. The coup led to the roundup of tens of thousands of Chilean workers, students and campesinos [agricultural workers]. Many were brutally tortured and then killed.

The fascist coup was carried out in an attempt to stop the progressive and pro-socialist government of Salvador Allende, much beloved by the Chilean masses. Allende was killed defending the Presidential Palace on the first day of the coup, a day never to be forgotten by Chileans or revolutionaries anywhere.

Moreno premised the submission of the application for political asylum with a brief statement regarding the Sept. 11 coup. He described Toro’s political involvement, describing him as a “significant figure” in the opposition to the Pinochet dictatorship. He pointed out that Toro’s political work has been widely documented, including in the book “Small Earthquake in Chile” by Sir Alistair Horne, and that he has been called “one of the best known advocates for immigrants and other dispossessed people in New York City.” (New York Times, July 11, 2007)

Moreno stated: “It has long been established that the U.S. supported the 1973 coup against Allende and provided financial support to fascist groups engaged in destabilizing actions against Allende. Congressional records reveal as much. The evidence we submitted in court today documents U.S. intervention and points out that such intervention is relevant to Víctor Toro’s claim for political asylum in the country that made it impossible for him to remain in his.”

Moreno also submitted to the court documents related to Operation Condor, an infamous and bloody campaign of political repression in the 1970s devised by Washington for Latin America and carried out by murderous dictators it supported.

Moreno writes: “Operation Condor was responsible for the murders of dozens of people, including Edgardo Enrique and Jorge Fuentes, both members of MIR, the same organization to which Víctor belonged. No leap of logic is needed to conclude that Víctor was a target of this operation.”

In the courtroom on the day of Toro’s hearing was his long-time companion, activist Nieves Ayress, and their daughter, Rosita Toro. Both Ayress and Víctor Toro are staunch members and organizers of the New York May 1st Coalition for Immigrant and Worker Rights, La Peña del Bronx and other organizations.

Ayress says: “If Víctor is deported back to Chile, not only will it break up our family here in the U.S. He runs the risk of being assassinated. Much of the Pinochet regime remains present in Chile today.” She points out that the Chilean government “has records that state that Víctor is dead. How can a dead person be deported? What would happen to him as soon as his feet touch Chilean soil?” She fears the worst.

Judge Defonzo set a hearing date for Feb. 11, 2009, at which time a final decision will be made regarding Toro’s case. According to Moreno, after all testimony is given and closing arguments are made, the judge will issue a decision the same day, either granting or denying Toro’s application for asylum and related forms of relief.

This means that the movement to defend Víctor Toro and grant him political asylum must step up its work before the February hearing.

Moreno points out: “It is critical that all progressive people here and throughout the country express their support for Víctor Toro’s claim for asylum. Progressive people have been under attack in the U.S. for the past few years and immigrants are particularly vulnerable to these attacks, as they were in the 1920s when two Italian immigrants, Niccolo Sacco and Bartolomeo Vanzetti, were targeted for prosecution and ultimately executed on highly questionable evidence.

“We believe that progressive immigrants are singled out for repression in the U.S. Víctor Toro has devoted his life to struggle for justice wherever he goes. He has never needed our support more than now.”

Many messages of solidarity were received before the August hearing. One came from Eni Lestari in Hong Kong, chairperson of the International Migrants Alliance. She pointed out that Toro “is a legitimate political refugee. His record of being a political leader fighting against the U.S.-supported Augusto Pinochet regime is known to the world. His persecution by this government and placing him in the top 13 most-wanted people by Pinochet should serve as strong grounds for granting him political refugee status.”

Progressives and revolutionaries in the U.S. and throughout the world are urged to demand political asylum for Víctor Toro. Letters can be sent by e-mail to [email protected] and more information can be downloaded from www.may1.info or by writing to the law offices of Carlos Moreno, 352 Seventh Ave., Suite 1204, New York, NY 10001.

Donations to help defray legal costs are urgently needed and can be sent to Moreno at his law office.