AALDEF Demands Justice for Iowa Student Disciplined for Protesting English Proficiency Testing

This press release was found at Angry Asian Man, I learned about the story via the Addicted to Race podcast.

Honor student deemed an English Language Learner for declaring Lao as her home language

New York, NY - The Asian American Legal Defense and Education Fund (AALDEF), which is representing Iowa honors student Lori Phanachone, has called for the removal of all references to disciplinary action from her school record after she refused to take an English Language Learner (ELL) test. Ms. Phanachone was mislabeled an English Language Learner (ELL) after naming Lao as her home language.

Khin Mai Aung, the AALDEF staff attorney representing the student, said: "Lori Phanachone is an honor student who has excelled in mainstream classes throughout her life, and happens to speak Lao as her home language. Storm Lake has improperly conflated my client's knowledge of Lao with lack of fluency in English."

The Storm Lake School District, which did not assess Ms. Phanachone's English level when she enrolled two years ago, has since subjected her to a yearly test for ELLs. The 3.98 GPA senior did not receive English as a Second Language or other ELL services before moving to Storm Lake as a sophomore. Since matriculating in Storm Lake, Ms. Phanachone has excelled in advanced courses–all of which were taught in English. This year, she boycotted the yearly ELL test in protest. As a result, Ms. Phanachone was suspended for 3 days and threatened with the loss of National Honor Society membership, exclusion from school activities including the track team, prom and other extracurricular activities, as well as further disciplinary action.

Lori Phanachone said: "Storm Lake labeled me an English Language Learner when I enrolled without even bothering to test me. All I want is to continue my education without the school labeling me unfairly."

Among other things, AALDEF demands that the Storm Lake School District:

* Remove all references to Lori Phanachone's suspension and other disciplinary action from her school records;
* Assure in writing that it will not impose further disciplinary action on her;
* Clarify Storm Lake's procedures for classifying students as ELL upon enrollment;
* Explain how and why Lori Phanachone was classified as an ELL under Storm Lake's classification procedures; and
* Reclassify Lori Phanachone, and other affected students if appropriate under Iowa and federal law, as English proficient.

A message from the team at MomsRising

This came to me via the Anti-Racist Parenting blog:

At MomsRising we’re always looking out to make sure that mothers and families are treated fairly in our nation. The other day I saw a video that shocked me: Two young children crying, alone in a car, reaching out for their mother who’d been taken away by deputies wearing ski masks after being stopped for a minor traffic violation.[1] The images haven’t left me. A nightmare, right? Never in America? Wrong.

A local NBC news report described the incident through the eyes of a witness, “…the deputies were wearing ski masks and detained the children’s mother for about an hour while her children watched, crying.”[2]
Who’s in charge of these deputies!?

It turns out that the person in charge knew exactly what was going on. Sheriff Arpaio has been cited repeatedly for gross civil rights violations and racial profiling of both citizens and non-citizens in the name of immigration enforcement, and when questioned about his tactics, he said that under his jurisdiction, “it was not unusual for law enforcement officers to wear ski masks while on duty.”[2,3]

In the video the young girl is asked, “What did the sheriff tell you?” The little girl said, “To be quiet, but I couldn’t ’cause I wanted to go with my mommy.” [2] And here’s what Mary, a MomsRising team member said after seeing the video, “We may not all be on the same page about immigration policy, but we do all agree that children and mothers shouldn’t be treated this way.”

Regardless of where immigration policy stands, no one should be treated that way. We’ve all got to stand up against this inhumane treatment of families. This type of treatment of women and families simply isn’t acceptable.

*Watch the video and join us in urging the Department of Justice to investigate Sheriff Arpaio’s tactics at: http://www.momsrisingaction.org/o/1768/campaign.jsp?campaign_KEY=26817

-Please forward this [post] to friends and family now so they too can take action too. We need to put a spotlight on this inhumane treatment with as many people paying attention as possible in order to get an investigation.

Together we can do something about this. Sheriff Arpaio is out of control in Maricopa County, Arizona, and it’s going to take all of us, and then some, standing up to say that this type of treatment has got to stop.
With over 2,700 lawsuits against him, a history of virulently anti-Latino and anti-immigrant tactics, and 40,000 felony warrants outstanding in his jurisdiction, Sheriff Arpaio has fostered a climate in which real criminals roam free while his deputies cross the line by using tactics that violate civil rights in the name of immigration enforcement.[4]

The voices of mothers are needed right now to say clearly that all mothers and children need to be treated with respect and fairness.

*Don’t forget to watch the video and sign on now to urge the U.S. Department of Justice investigate Sheriff Arpaio at: http://www.momsrisingaction.org/o/1768/campaign.jsp?campaign_KEY=26817

Mothers taken away from young children by men in ski masks, and people being marched in shackles through town to electric fenced “tent cities” in the desert [5] crosses the line of humane treatment. Let’s help put a stop to this.

Thank you - Kristin, Joan, Katie, Dionna, Mary, Ariana, Anita, Ashley, Donna, Roz, Julia, and the MomsRising Team

[1] See the video and take action: http://www.momsrisingaction.org/o/1768/campaign.jsp?campaign_KEY=26817

[2] February 5th, 2009: http://www.azcentral.com/12news/news/articles/2009/02/05/20090205motherarrested02052009-CR.html

[3] From “Paying the Price: The Impact of Immigration Raids on America’s Children”: Approximately five million children have an undocumented parent; however, the vast majority of these children are U.S. citizens and under the age of ten. Despite efforts to mitigate harm to children by changing the manner in which raids and other immigration enforcement actions are conducted, children continue to be placed in harm’s way.
[4] http://www.americasvoiceonline.org/page/content/sheriff
[5] February 5th, 2009: http://www.azcentral.com/12news/news/articles/2009/02/05/20090205motherarrested02052009-CR.html, http://www.nytimes.com/2009/03/04/opinion/04wed2.html , http://vivirlatino.com/2009/03/04/thousands-protest-racist-sheriff-joe-arpaio-in-arizona.php

p.s. MomsRising joins the National Day Laborer Organizing Network (http://www.ndlon.org), National Council of La Raza (http://www.nclr.org), America’s Voice (http://americasvoiceonline.org/page/content/sheriff), and many others in calling on the U.S. Department of Justice to begin a federal investigation into Sheriff Arpaio’s tactics.

Barriers on the Border

The US Department of Homeland Security has been rushing to complete 670 miles of border barriers by the end of 2008. DHS plans to install nearly 110 miles of 18 foot high concrete and steel structures along the Texas/Mexico border, but something has put construction behind schedule: local opposition. In this exclusive FSRN documentary, we travel with Shannon Young to the Texas-Mexico border to hear from locals about their take on the physical barrier slated to divide the region's sister cities.

Listen to it here.

Take Back the Halloween!

From Racialicious. Check it out for pictures, links, comments and the rest of the article.

Mainstream North American culture likes to define itself as cultureless, but Halloween is a very cultural practice. Not only is it a little weird (Just look at it from the point of view of an outsider. Send your kids out to strangers’ houses and tell them to ask for candy? Decorate your house like a graveyard? Dress up like a sexy version of a public health worker?) it is also based on difference - the point of Halloween is to dress up as “something different.” So how do people who are often made to feel visually different - you know, like people of colour - experience Halloween? The average Halloween costume tells us a lot about what we culturally consider to be abnormal.

It tells us that dressing up in an overtly sexy way is taboo - in other words, that we’re a pretty sex-negative people. It tells us that we are obsessed with strict gender categories - because most little boys and girls have to choose very gender-coded costumes, but also because for many young people Halloween is the one time they can experiment with gender in a socially sanctioned way.

And if dressing up as “something different” can typically involve wearing geisha make-up, a Native headdress, bling, or a turban, Halloween tells us that our cultural norm is a middle-class, North American, white person.

Immigrant Women, Seeking Status Adjustment, Face Forced Vaccination

From RH Reality Check by Jessica Gonzalez-Rojas and Emily Alexander.

This July, the U.S. Citizenship and Immigration Services (USCIS) announced new requirements, including five new vaccinations for individuals seeking adjustment of immigration status. One of these vaccinations is Gardasil, the human papillomavirus (HPV) vaccine. Gardasil, manufactured by Merck, is the only HPV vaccine in the U.S.--also the most expensive vaccine on the market and the only vaccine to be approved for use in only one sex. The CDC's Advisory Committee on Immunization Practices (ACIP) is the only federal body that makes recommendations about immunizations; the committee's recommendations serve as the template that USCIS uses to determine immunization requirements for immigration procedures. These new requirements put increased barriers and additional burdens on women's access to adjustment of immigration status and applications for visas to enter the U.S. and stoke the already reverberating anxieties among communities of color about the HPV vaccine.

Most immigration applicants are currently required to undergo a medical exam by a certified "civil surgeon." These civil surgeons complete an I-693 medical examination and vaccination record. The new regulations that require the HPV vaccine apply to female applicants between the ages of 11 to 26. This is the only sex-specific vaccination requirement, putting particular burden on immigrant women applying for a visa or adjustment of status, further marginalizing a group that already has reduced access to health information and services that are affordable, accessible and culturally and linguistically competent.

According to the Census, there are approximately 17.5 million immigrant women in the United States today, 3 million of whom are undocumented, and 16 percent that live in poverty. These women encounter obstacles to employment and health access; they also face violence and discrimination. Immigrant rights and reproductive justice are intrinsically linked because the reproductive health of immigrant women is profoundly affected by immigration policy. For women seeking adjustment of status, the USCIS' additional vaccine requirements create tremendous barriers to one of the many steps towards a pathway to citizenship.

While women of color, many who are immigrants, face disproportionate rates of cervical cancer in the U.S. (Latina women get cervical cancer at twice the rate of white women; and Vietnamese women get cervical cancer at five-times the rate of white women), efforts should be made to increase access and education about HPV and the vaccine, rather than creating further impediments to the already onerous immigration process. The HPV vaccine is out of reach for many women with its high price tag: at a minimum, it costs $360 for the three shot regimen. Publicly-funded access to the HPV vaccine varies state-to-state, although all low-income adolescents between the ages of 9 through 19 who are either uninsured, Medicaid-eligible, American Indian, or Alaska Native, have access to the vaccine through the federal Vaccines for Children (VFC) program. Immigrant women over the age of 19 may have greater challenges in obtaining the vaccine. According to the Kaiser Commission on Medicaid and Uninsured and the National Council of La Raza (NCLR), between 45% and 51% of immigrants lack health coverage in the US. The lack of health insurance, coupled with the high cost of the vaccine, limits access to the vaccine for low-income immigrant women. In addition, for immigration visa applicants abroad, the global availability and accessibility of the vaccine is questionable.

States also use the CDC's Advisory Committee on Immunization Practices recommendations when developing their own vaccine requirements for school entry. Calls for state school mandate bills for this vaccine seem to have calmed down, allowing advocates the opportunity to provide much-needed education and advocacy around HPV and cervical cancer prevention. Now this new requirement threatens that critical work.

Instead of mandating vaccines for immigrant women's bodies, the U.S. government should increase access to health information and services that are unbiased, age-appropriate, culturally-competent and non-coercive. Mandating a vaccine that specifically targets young non-citizen women is both sexist and xenophobic. It will only add to the current anxieties among many communities of color about the vaccine and the government's interest in vaccinating a particular community, in this case, immigrant women.

Dog abuse, friends being deported.

Wow. Crazy past few days. First off, I still don't have the internet, so no daily updates for a while. I'm pirating someone else's internet currently.

Secondly, I'm doped up on pain meds. Yesterday, I stepped in between a man abusing his dog and he turned his aggression towards me. I spent a good deal of time in the ER- and the dog at the vet- but we're both OK, on the way to healing. I'll be seeing the man in court. As much as I disagree with the court system, I'm going to try to see if I can get him mandated counseling or something.

Thirdly, my friends are being deported to Poland and I wrote up a quick speech to say at their benefit party. It's written how I said it, so it's a bit different than had I written it to be read. Tell me what you think.

Hey everybody! I just wanted to say a little something about this benefit, privilege and other movements.

First, I want to thank everyone for coming out tonight and supporting M and F. I’m sure some of you came because you know them- and they are absolutely amazing- or maybe you’re here because you’re vegan and want to support fellow vegans- and they are tireless animal rights crusaders- or maybe you’re here because you’re sick of this government and how it treats people who come here to improve their lives and this world. In any case, I want everyone here to really think about the many implications that this case has for this great couple, their animals, the Chicago animal rights scene and more.

I’ve never actually talked to M and F about why they came here, but I personally don’t think the whys matter. They came, and they deserve more respect than living in fear about when the cops would kick them out, with absolutely no help from the government to help get them or their companion animals get back to Poland. To be cliche, we are a nation of immigrants. Personally, my father was born in Mexico, the maternal side of the family immigrated from Ireland and Germany and worked in the stockyards during The Jungle era. As a nation, we are living on stolen land that the mostly rich, old, white men in power- with some tokens- have made into their very own playground with confusing rules that try to make it so that no one can play except for them.

We have to fight to stop this. I choose animal rights and women’s rights, especially pertaining to access to abortion and other reproductive health services, but it doesn’t matter what your personal fight is- we must realize that these issues are all connected. How can you be anti-violence while murdering animals for meat? How can you fight for women’s rights and not empathize with cows being raped for milk, chickens being bred to produce more and more eggs for humans? How can we care about global warming but make personal excuses for buying cars, not supporting better public transportation, or riding a bike if you can? How can we be anti-police brutality and anti-war but support the occupation of Tibet and Palestine along with corporations like Boeing and Blackwater? How can we encourage equality between species when we’re so freaked out be people who play with their own gender, or love people of the same sex?

Last winter, after a racial slur was used against one of the animal rights activists that often comes to Animal Defense League events, we declared an emergency protest of the racist woman’s store- not only for selling leather and fur, but for being, well, a racist. We actually got an email from a member of our listserve who was dismayed that we were bringing others issues up at our protests. I’m sorry, but I can’t leave the fact that I’m a person of color at home when I’m at a protest. I get very different things yelled at me at demonstrations because I’m female, versus when a male speaks on the bullhorn. I can’t just ignore the fact that I’m bisexual or that I grew up in public housing and on welfare, nor can I dismiss my light skinned privilege or the fact that because my mother gave birth in this country, I have so many more rights I am “entitled” to than many, many others around the world. Each one of us holds within us our privileges and oppressions, and it’s important we realize how connected we are- to other people, other movements, other lives.

So, as you end the night- give money to M and F, they need it! But don’t forget the animals- so go vegan, stay vegan and get active for them. Don’t forget the protesters at the RNC, which were horribly brutalized for opposing this, well, brutal government. Please, get active in fighting the war and occupation of Iraq and Afghanistan, and fight to stop the war in Iran before it starts. Believe women who tell you they’ve been raped or abused and support them. Feed stray animals and donate vegan food to a food pantry. Fight for immigrants rights and workers rights and acknowledge the fact that you’re on stolen land whose original people are still some of the most marginalized, victimized people in this country and who are still being murdered by the U.S.A.’s policies. Get active for what fight you are most drawn to, but remember that it’s all connected. Because if we don’t do it, who will?

Thank you.

Price of Admission: Along the border, sexual assault has become routine

Part 1 of 2, from the Tucson Weekly.

The darkness lifts, and daybreak nudges into the desert. For northbound migrants, this sunrise may signal a time to find shade and dodge the Border Patrol. Or it could mark the start of a white-knuckle dash to catch rides bound for the interior. From there, god willing, the migrants may disappear into a world offering more hope than the one they left behind.

But for other border-crossers, daybreak brings only the flat hardness of reality--a time for noting what's already been lost in the desperate trek north. For women in particular, that loss can be brutal, because even if they reach some safe house in Tucson or Phoenix or points afar, some of them certainly don't arrive whole. According to experts, rape is now considered "the price of admission" for women crossing the border illegally.

But this scourge goes largely ignored, and is suspected to be vastly underreported. Not surprisingly, few women care to describe their ordeals to authorities in stark government detention facilities. And if they do, it's often as they're already being deported back across the border--sometimes back into the very situations where the assaults occurred.

This grim scenario played out in early May, when three women--ages 16, 17 and 20--reported having been raped by masked men. A few days later, two more women were found alive but badly beaten near Arivaca, south of Tucson. That same week, yet two more women reported having been raped. The reports didn't slow deportation proceedings against them.

Further complicating matters, it's often difficult to determine whether the assaults occurred on U.S. soil or in Mexico. But such details probably matter little to the victims. Civilian border-watchers tell of hearing these women's cries.

"I thought the wailings we heard at night were the coyotes barking at the moon," one volunteer told The Washington Times. "I didn't know until later that those sounds were the cries of women being raped in the Mexican desert, some less than 100 yards away from the border. There was absolutely nothing anyone could do about it."

The rapists are known to hang women's bras and panties from tree limbs as trophies.

Beyond such haunting anecdotes, hard numbers are tough to come by. According to the United Nations, up to 70 percent of women crossing the border without husbands or families are abused in some way. But the flood of stories leads humanitarian aid workers such as Michelle Brané to consider these crimes even more pervasive. Brané directs detention and asylum programs with the Women's Commission for Refugee Women and Children, based in Washington, D.C.

"Nonprofit groups and even the U.S. Office of Refugee Resettlement--which has custody of unaccompanied children--estimate that the vast majority of women and female children encounter some sort of sexual assault en route to the United States," she says. "It's become the norm, and in many cases with female children, they just assume that there's been some sort of incident."

In this situation, survival often requires extreme steps, she says. "A lot of times, women, because they know what's coming, will align themselves with one man in the group" of smugglers or coyotes. "Whether you consider that assault or not, I guess it's a blurry line."

This speaks to the fact that women are routinely assaulted by the very smugglers they've paid to bring them across. Immigrants have told of preparing for the inevitable by taking birth-control pills before attempting to cross the border, says Dr. Sylvanna Falcón, an assistant professor of sociology at Connecticut College, in New London, Conn. Falcón has conducted extensive research into rapes and other human-rights abuses along the U.S.-Mexico border.

She notes that this saga of exploitation isn't limited to the desert, and points to well-documented incidents of U.S. Border Patrol agents or other officials pressuring migrants into having sex in exchange for their freedom. Other times, the women are raped by those with the power to deport them.

"We know this kind of thing is happening, and it gets reported every once in awhile," she says. "The degree to which it happens is not well-known, but women are particularly vulnerable when they come into contact with agents." That vulnerability is compounded by the remoteness of border areas where agents and immigrants often come in contact.

Attempts to obtain comment from Border Patrol officials were not successful as of the Weekly's press time. But some cases have been sensational, such as the Border Patrol agent in Texas who was convicted of detaining a 23-year-old woman and driving her to a motel, where he sexually assaulted her. Or the ongoing investigation of a sprawling detention center in South Texas, operated by U.S. Immigration and Customs Enforcement, where a culture of rape, sexual coercion and cover-ups has reportedly existed for years.

"Congress did an investigation, and found thousands of cases of misconduct, and that getting green cards for sex was a very common form of bribery," Falcón says. "You have women who are very vulnerable in every sense of the word. They may have young children with them; maybe they're trying to reunite with family members on this side of the border. (Officials) doing this bribery know that they're in a complete position of power."

Women face risks on all sides, she says. "Anyone from coyotes to U.S. officials, they all have the upper hand here."

Meanwhile, the rest of America simply ignores this horrific violence on its doorstep, she says.

"Our society takes rape seriously, but it doesn't take this type of rape seriously. In all of our national discourse around securing our borders, rarely, if ever, do you hear about any kind of protection for people who might be crossing. Largely, that's because the discussion has been framed around protecting us--protecting the U.S.--and once you get into that framework, what happens to the other person is not even on the radar."

But the cost of our denial may include flaunting international legal standards. "When we look at human-rights laws," Falcón says, "and at the different international human-rights treaties and conventions, clearly, any systemic violation of women in this way is a human-rights violation."