NO STREET THUGS INVOLVED, BUT STILL 'GUAT-BASHING'

Crimes against Guatemalan immigrants have become so prevalent in
South Florida that offenders routinely refer to the attacks as "Guat-
bashing." In fact, Guat-bashing is so widespread that the federal
government might be joining in.

Certainly, that description fits the case U.S. attorneys are trying
to make against Pedro Zapeta, the Guatemalan dishwasher whose
asymmetrical legal fight against the Justice Department was reported
in Sunday's Palm Beach Post. Mr. Zapeta, 38, entered the country
illegally 10 years ago and worked as a dishwasher for numerous Stuart
restaurants, often holding two jobs at a time. In September 2005, Mr.
Zapeta stuffed his savings - about $59,000 - into a duffel bag,
bought a plane ticket and set out to return to his country. He
intended to use the money to start a business and support his family.
At Fort Lauderdale-Hollywood International Airport, U.S. Customs
agents searched his bag, found the cash, confiscated it and accused
him of smuggling drug money. Now, the government wants to keep the
$59,000 and deport Mr. Zapeta.

The case is an embarrassing waste of prosecutors' time and taxpayers'
money. Mr. Zapeta has no criminal record, and the government has no
evidence that he ever participated in any drug activity. In fact,
prosecutors attempted to withdraw the drug allegation from their
complaint but were blocked by the court. Six of Mr. Zapeta's former
employers have filed affidavits verifying that he worked for them and
did a good job.

His attorney, Robert Gershman of West Palm Beach, acknowledges that
Mr. Zapeta failed to declare that he was carrying more than $10,000,
as required by law, when he tried to board the plane. But this
oversight calls for a proportionate penalty, not forfeiture of the
entire sum. Assistant U.S. Attorney William Beckerleg won't comment:
"We do not want to talk about it." Mr. Beckerleg expressed surprise
that the case had raised interest. The government wants to take Mr.
Zapeta's money essentially because it can.

Part of the reason the case has gone as far as it has is cultural
ignorance. Americans can't believe that immigrants who make $7 an
hour are capable of amassing tens of thousands through hard work and
a frugal lifestyle. Yet, Mr. Zapeta is emblematic of millions who
live and labor in the shadows: He put in long hours, rode a bicycle,
shared a modest apartment and saved as much as he spent. Above all,
he stayed out of trouble, paid taxes and contributed to the Stuart
economy. Advocates of a national guest-worker program have people
exactly like Pedro Zapeta in mind.

Rather than bash him in court, the government should say thanks for
the example and wish Mr. Zapeta luck in Guatemala.