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AGRIPROCESSORS, THE LAW, AND THE JEWS OF IOWA
by Rabbi Henry Jay Karp
Temple Emanuel
Davenport, Iowa
May 23, 2008
Iyar 19, 5768

At around 10:00 a.m., on Monday, May 12th, agents of the U.S. Immigration and Customs Enforcement, conducted a raid at the AgriProcessors meat packing plant in Postville, Iowa.  As a result of that raid, they arrested 389 individuals on charges of being in this country illegally.  This was the largest immigra­tion raid ever conducted in U.S. history.

This raid involved 12 different federal agencies including the Drug Enforcement Administration, the Federal Bureau of Investigation and the departments of labor and agriculture.  Aside from the charge that there was a possible 697 plant employees living in this country illegally, also included in the 60 page ap­plication for a search warrant submitted by these federal agencies, was the charge that a methamphet­amine lab was operating out of the plant.1  Aside from this drug charge, the application included allega­tions that workers were physically abused and exploited.  Such exploitation included fraudulently and forcibly selling them used cars and trucks, threatening that they would be fired if they did not purchase these vehicles.2

Since the raid, Sister Mary McCauley, a Roman Catholic nun assisting the detainees, has made claims that sexual abuse was also taking place at this plant; that women up for promotion would be brought into a room with several supervisors and told that if they wanted their promotion, they would need to select a supervisor whom they would sexually service.3  All this goes hand-in-hand with the charges of abusive labor practices which have been leveled for quite some time by labor advocates who have protested at the plant and have filed a suit against them.  Added to these charges are the long standing claims by PETA. - People for the Ethical Treatment of Animals - that this plant was extremely cruel in the manner in which they slaughtered their animals; claims that lead to an investigation of the plant two years ago by the Agri­culture Department which ultimately reported that not only did this plant violate animal cruelty laws but that the management of this plant engaged in the practice of bribing federal meat inspectors.4

This is quite a mess!  And for us Jews, especially us Iowa Jews, it is even more so, for this AgriProcessor plant is the largest kosher meat processing operation in the United States.

Some have questioned whether or not this matter should be of particular concern to us as Jews.  After all, as one fellow Jew recently said to me, “What was being done at the plant is really no different than what is happening at meat processing plants across the nation.  These things are general practice throughout industry.  The only difference is that the folks at Postville got caught.”

Whether or not the meat processing industry is rife with such illegal and immoral practices in no way mit­igates the fact that such practices being conducted at a kosher meat processing plant in Iowa constitutes a serious dilemma for all Jews, and especially for Iowa Jews.  Why?  Because this plant is owned and run by Jews, and especially because the primary function of this plant is to provide observant Jews with meat that meets not only federal standards but also the dietary standards set by our Jewish faith, laws, and traditions.

Recently, one of my colleagues shared with me that there is a teaching out of Jewish law that “a Jew who steals from another Jew transgresses one commandment, whereas a Jew who steals from a non-Jew trans­gresses two commandments as the latter not only steals but also brings our covenant with God into disre­pute in the eyes of others.”5  How true this is!  Most of us know this instinctively, if not from the actual legal principle.  After learning what happened in Postville, so many of the Jews I have spoken with have shared the same reaction - “How embarrassing!”  In Yiddish, they would say, “A shanda fur der goyim! - A disgrace in front of the non-Jews!”

It is a sad but true commentary on the history of our people that we Jews continue to feel vulnerable in the eyes of the non-Jewish world, even when we are not living in a land of persecution; even when we are living in as free and diverse a society as America.  Still we sense that the actions of some Jews - for good or for ill - will in the end reflect upon all Jews.  Of course, the avid antisemites in our society will always take an opportunity like this to point to the actions of the Jews at AgriProcessors and evoke from them confirmation of countless antisemitic stereotypes.  Yet, the avid antisemites aside, we always run the dan­ger that such incidents like this one will lower the general esteem in which Jews are held by many of the other non-Jews in our society.

While concern over the public image of the Jew is no small matter, it is by far not the only nor the most significant issue which should concern us as Jews arising from the misdeeds of the management of the Agriprocessors plant.  For as Jews, the recent events in Postville confront us with a complex ethical challenge.

We need to separate out the immigration issue from the legal issues and the ethical issues.  While I will speak about the immigration issue later, let me now address the other issues.

The Postville plant is not only in the meat processing business, but it is also in the Jewish religion busi­ness.  The very purpose of its existence is fueled by the need to fulfill Jewish religious principles.  In this, they have most certainly failed.

As we teach our children in religious school, there are two types of mitzvot - ritual and ethical.  To be a good Jew, one must stand in both those worlds.  I know that there are many Jews who feel that if they live a good ethical life, that is sufficient to define them as a good Jew.  To those Jews I say, Mother Teresa led a good ethical life, but that did not make her a good Jew.  Then there are those Jews who be­lieve that in order to be a good Jew, all they need do is fulfill the ritual requirements.  But there is no point to being a good ritual Jew if you lead an unethical existence.  Without following a code of ethics, all the Jewish rituals in the world will not enable one to stand before the throne of God.  In the end, to be a good Jew, you have to marry both; a healthy ritual discipline with a decent ethical lifestyle.

However, it is quite evident from the information coming out of this raid, and from the past controversies involving the management of this plant, that somewhere along the line, these highly observant Jews have experienced a tragic disconnect between the ritual side of their Jewish lives and the ethical one.  These people have been so busy insuring that the meat they produce is of the highest Jewish ritual standards that seem to have forgotten that they are equally obligated to insure the highest Jewish ethical standards when it comes to the manner in which their meat is produced.  Such a disconnect, especially as has been dem­onstrated at this particular plant, has inspired the Rabbinic Assembly of Conservative Judaism, and partic­ularly Rabbi Morris Allen of Minneapolis, to establish the Hecksher Tzedek Commission; a commission which is exploring means to require that for meat to be certified as kosher - Hecksher means rabbinic cer­tification - that the meat be prepared not only according to ritual standards, but by the standards of Jew­ish social justice - tzedek - as well.

Before I turn to the immigration issue itself, I need to address the legal issue, from a Jewish perspective.  No matter how we feel about current immigration laws, still the operative term here is “law.”  For good or for ill, these are the current laws of our land.  As such, we are not only legally bound but also honor bound and duty bound to obey them.  For us, as Jews, this is especially true.  There is a Jewish legal prin­ciple called “Dina d’malkuta dina” which means, “The law of the land is the law.”  Jews, by our own reli­gious principles are profoundly committed to obeying civil law.  The only exceptions to this principle are if by obeying that law, we are engaging in an act of self-destruction, or if the law itself compels us to en­gage in activities which violate our own ethical code.  Otherwise, we must obey the law.

The people at AgriProcessors were flagrantly disregarding the law - many laws.  Nor could they justifi­ably argue that their employment of unregistered workers was purely an act of civil disobedience.  For if that was the case, then why did they pay workers without documentation substandard wages - $5.00 per hour - rather than minimum wage?6  What the folks at Agriprocessors did had absolutely nothing to do with higher principles but purely with increased profits.  And to acquire that additional lucre, they will­ingly, if not eagerly, demonstrated a mammoth disdain for the laws of our nation.  Such actions are in direct violation of the laws of our faith.
All of this leads us to the underlying issue of United States immigration laws.  For the greatest victims here are none other than these undocumented workers and their families.  All they ever wanted was to create a better life for themselves and their children.  All they ever wanted was to come to the United States of America - the traditional land of opportunity - in order to create that better life.  Yet our current immigration laws make that dream near unto impossible to achieve; to achieve and remain within the law, that is.  So they entered this country illegally; an act which gave them the beginnings of that opportunity they sought but which also made them extremely vulnerable to those unscrupulous people who would exploit their precarious situation.

Of all the people on the face of this planet - of all the citizens of the United States of America - we Jews should be most appreciative, sympathetic, and empathetic to their dilemma.  Our ancestors knew all too well deprivation and discrimination.  They knew all too well what it meant to reach out, in hope, for a better life.  We are all the beneficiaries of our immigrant past.  Our ancestors came to this very land - many of them fleeing persecution - in order to realize the same dreams that these, our modern day immi­grants, hold so dear.  Yet our ancestors benefitted from a far more open and liberal immigration policy.  They came in boatloads to our shores, entering though such places as Ellis Island, and if they could pass a physical exam, they were permitted to set foot on “Der Goldena Medina - The Golden State” - the land of promise we call America.

If they entered through Ellis Island, they passed the Statue of Liberty, with the poem, “The New Colossus” engraved upon its pedestal; a poem written by none other than a Jew, Emma Lazarus; a poem so beautifully expressing what was once the American philosophy of hope - “Give me your tired, your poor, your huddled masses, yearning to breathe free, the wretched refuse of your teeming shores.  Send these, the homeless, tempest-tost to me.  I lift my lamp beside the golden door!”  But somewhere along the line, that golden door was slammed shut.  Once again, who knows that better than we, the Jews.  For had that door remained open, perhaps thousands, if not millions of our fellow Jews may have been able to escape Hitler’s gas chambers and ovens.  But the door was closed and they died.

Therefore, we as Jews, most certainly should identify ourselves with the plight of these people; not just the 389 in Postville but also their countless comrades throughout our country.  We should be joining in the efforts of others to bring about in our land just, fair, and most important of all, humane immigration law reforms.  And we should dedicate our efforts to the memories of our ancestors who came to these shores and provided us with the good lives we enjoy today.  And we should dedicate our efforts to the memories of all those who were slaughtered in the Holocaust because the laws of our land sealed shut to them that golden door of opportunity, of freedom, and of life.  But whatever we do in this cause, we must do it within the principles of our faith; working to change the system from within rather than blatantly violating it, and by doing so, dismantling the rule of law.  Such a task is not an easy one, but it will be a righteous one.  May we find the strength and the wisdom and the heart to fulfill it.
AMEN

Tonight we are celebrating the 60th Anniversary of the State of Israel.  There are those among us who never knew a world without Israel while there are others who remember quite well the moment and the anguish of her birth.  Yet, hopefully, all of us share a special attachment to her; an attachment which only Jews can fully appreciate, given the pain of our history and the healing hope and promise she offers.  While non-Jews can empathize and sympathize yet, despite the depths of their good feelings, Israel’s story and the story of the Jewish people is still someone else’s story and not theirs.  They approach the story from the outside looking in, while we live within the story.

In preparing for this service, I gave a good deal of thought as to what I would say in this sermon.  Part of me wanted to talk about the 4,000 year connection between the land and our people.  Part of me wanted to talk about the remarkable story of modern Israel.  Part of me wanted to talk about the challenges which Israel faces today.  Yet, as I weighed those and other options, none fully communicated what is in my heart.  That is when I decided that instead of just sharing the facts and the figures, the proofs and the arguments, I would share with you what is in my heart.  I would share with you the story of my own per­sonal connection to Israel.  Why I hold her so dear.  For true anniversaries are not just celebrations of existence and duration but rather of the love that fuels them.  I want to share with you my love of Israel.

To be quite honest, for the early part of my life, I was only tangentially connected to Israel.  I vaguely remember seeing on the TV, news footage of the 1956 Sinai Campaign.  In 1960, I saw the movie EXO­DUS when it first came out but for some reason, I was more impressed by the blue flames in the credits than by the movie itself.  Indeed, the first time Israel really caught my attention was in 1961 when I saw a poster an­nouncing a celebration of Israel’s Bar Mitzvah.  I remember asking my mother, “How can a coun­try have a Bar Mitzvah?”  After all, my Bar Mitzvah was a little less than a year and a half away, and I was going to have to prepare all sorts of prayers and blessings.  How can a nation actually stand on the bimah and bless the Torah?

To be quite honest, my sense of connectedness to Israel wasn’t truly born until my freshman year at col­lege.  In that year, there were two events which crystallized my devotion to her; one personal and one global.

The personal experience which opened my eyes and my heart to Israel was my reading the book THE SOURCE, by James Michener.  Ever since I was very young, I have been a history buff.  I particularly favored historical fiction, for it has the power to transform the hard data of textbooks into the dramatic life experiences of its characters.  That is precisely what THE SOURCE did for me.  It brought the story of Israel to life.  For the first time, I could personally relate to the continual profound 4,000 year old con­nection between me and my people to that land.  After reading that book, I would never again look at Israel in the same way.  It was not just a nation in the Middle East that had some sort of Jewish connec­tion.  Rather, it was the very site where so much of the story of my people took place.  I could no more separate Israel from my Jewish identity than I could separate Plymouth Rock or Independence Hall or the Alamo or Gettysburg from my American identity.

The global event which helped crystallize my relationship with Israel that year was the 6-Day War.  Until the days leading up to that war, I never realized how deeply important Israel was to me.  Those of you who lived through those days will remember all too well that before there was the elation over Israel’s amazing victory, there was this heart wrenching anguish over whether or not the state would survive.  With each passing day, more dreaded news was reported in the papers and on television and Israel’s fu­ture looked bleaker and bleaker.  Nasser insisted that the United Nations peace keeping forces leave the Gaza Strip, and they did - only to be replaced by the Egyptian army.  The port of Eilat was cut off as the Egyptians and the Saudis mined the Straits of Tiran.  Arab rhetoric daily increased in vehemence as they promised to finally drive the Jews into the sea.  And then, what seemed to be the final straw.  President Johnson, who had continually promised to support Israel, announced that Israel’s fate was out of his hands.  To this day I still remember how forlorn and betrayed I felt.  Israel seemed doomed and I was bereft.

At that darkest of moments, Israel did the only thing she could do.  She struck preemptively.  When the news broke that in the early morning of June 6th, the Israeli air force had almost totally destroyed the Egyp­tian air force while still on the ground, my sadness was turned to joy and my anguish to hope.  I an­nounced to my parents that I wanted to go to Israel and offer my help.  They were less than pleased.  But before we could resolve that argument the war was over.  The enemy had been vanquished and far more defensible borders had been secured.
It would be yet another 3 years before I would actually set foot on Israeli soil.  And when I did I went whole hog, so to speak.  For my first Israel sojourn was no 8-day tourist visit but rather a year of study; my first year of rabbinic school.

Having done the Israel tourist thing - 5 times since my year of study there - I can tell you that there is a world of difference between visiting and living in Israel.  While I have enjoyed and greatly benefitted from each one of my visits, it was my residency which forged my imperishable connection to the land, the State and its people.  For it is one thing to experience Israel through the windows of a tour bus, spending your nights in plush hotels with wonderful free breakfast buffets, and quite another to experience Israel through day-to-day living; to walk the streets, shop in the markets, ride the Egged buses, go to the mov­ies, and, of course, deal with the institutional bureaucracies.  It was not always easy but living there, I truly got a sense of what it meant to be an Israeli - the joys and the challenges.  I quickly came to under­stand that being an Israeli means living Jewish history, past, present, and future.  To daily walk and stand in the places where once King David and the prophets walked and stood is to truly experience what it means to be a link in what we so often call the “Chain of Tradition”.  It is to be a living affirmation to the continuity of our people on this planet and especially in that land.  The experience is indescribable.

Praying at the Western Wall is one such indescribable experience.  People see pictures of the Wall, and all they see is a wall - that’s nice, some Jewish holy site.  But as a Jew, to stand at that Wall, to put your hands upon it, to rest your forehead against its cool stones, and to pray is to connect your prayer with those prayers of fellow Jews who, for over two thousand years, prayed at that very site and there found God.  It is truly holy.  For us Jews, God touches that place.  There, more than any place else on earth, it is somehow easier for us as Jews to sense God’s presence.  Yet to so many others, it’s just an old wall.

The power of that experience can be found in varying degrees throughout the land.  You feel it on the top of Masada, in the south, where the Zealots chose death over surrender to the Romans, and while roaming the narrow streets of Tzfat, in the north, where the mystics once walked; where “L’cha Dodi” was first chanted.  Wherever you go in Israel, you touch our history, and you become at one with it.

But it is not just the past that grabs you.  It is also the present.  One cannot help but marvel, and as a Jew feel especially blessed, while encountering all that modern Israelis have accomplished and achieved.  When the earliest Zionists first returned to that land - back in the second half of the 19th century - all they found was swamps in the north and desert in the south.  It was anything but a “Promised Land”, a land flowing with milk and honey.  It was desolate.  It was forbidding, as if daring them to attempt to trans­form it into worthy real estate.  Yet they accepted that challenge and met it.  They transformed both swamps and desert into lush and fertile fields.  Where the land once only produced mosquitos and scorpi­ons, now it produces fruits and vegetables aplenty.  To eat a Jaffa orange in Israel is to bear witness to such achievements.  Nor was it in agriculture alone that these people have demonstrated their energy and creativity.  Out of barren beach front arose the modern city of Tel Aviv; a metropolis to match any other on the face of the planet.  And then there is industry.  When I studied in Israel, Israeli industry was just getting off the ground.  Each small accomplishment was a point of great pride.  I was there when the first Israeli produced airplane, the Arava, took to the skies.  Whenever it flew overhead, people stopped and pointed to it, as if to say, “We did that!”  Today Israel is a burgeoning modern industrial center, produc­ing everything from clothing to technology.  If you use a cell phone or a computer, you owe a debt to Israel.

And along with the present, there is the grasp of the future as well.  When in Israel, you know that what you do - what Israel does - will have a direct and immediate impact upon the Jewish future; for good or for ill.  That was why, when the Israeli army was formed, it was important for them to frame their Tohar HaNeshek, their code of the  Purity of Arms, making it one of the few, if not the only, army on this planet that has a formal ethical code when it comes to the conduct of war.  For even in war, Israel must be the embodiment of the highest of Jewish values.  For in so many ways, they are the framers of the Jewish fu­ture.  Today, in spite of what her detractors claim, Israel continues to hold herself up to a higher standard of behavior.  She does so because she understands that in whatever she does, she lays the foundations for the future of our people.

Let me conclude by briefly recounting two Israel experiences.

It was Yom Kippur, 1970.  I was living in Jerusalem.  As I and my classmates walked to services - walked because there was no public transportation on that day - we were struck by the emptiness of the streets.  Any other day the streets would be jammed with cars, but not that day.  In fact, the only vehicles on the roads were military ones; there to insure the peace of the day.  Where was everyone?  Many were in synagogues, praying, but many were not.  Yet whether or not the Israelis observed the rituals of Yom Kippur, they all acknowledged its sanctity.  Even for the non-religious, it remained a day of awe.  This was truly a Jewish state.

It was the summer of 1991.  The Cantor and I were part of a rabbinic mission, visiting absorption centers where new refugees from both Ethiopia and Russia were learning the skills they would need for living productive lives in the State of Israel.  We watched as these people - the Russians in the Russian absorp­tion centers and the Ethiopians in the Ethiopian ones - eagerly wrestled with their learning of the Hebrew language and Israeli culture.  How happy they were!  They had left everything that was familiar to them behind in their native lands.  They came only with what they could carry.  Yet they were happy.  Why?  Because for them, Israel was not just a spot on the map but rather the embodiment of freedom and hope.  It was the land in which they knew that they, as Jews, belonged.  We stood and we watched and we were filled with pride; pride in the fact that we had a part in helping these people, but more importantly, pride in the knowledge that the very existence of Israel means that there will always be a place in this world where Jews will be welcomed and at home.


1  Jewish Telegraphic Agency, May 13, 2008

2  “Widespread Worker Abuses Alleged at AgrProcessors,” The Jewish Week, 5/14/08

3  “Sexual Favors Allegedly Expected From Some Postville Workers,” Des Moines Register, May 19. 2008.

4  “Inquiry Finds Lax Federal Inspections at Kosher Meat Plant”, New York Times, 3/10/06.

5  Rabbi Richard Block, in a posting on HUCALUM, 5/21/08.

6  “Widespread Worker Abuses Alleged at AgrProcessors,” The Jewish Week, 5/14/08.

 

 

 

AMEN

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