FALL 2006 OAsian u Ametlookrican Legal Defense and Education Fund Page 2 PUTTING HUMAN RIGHTS AND WORKERS ’ R IGHTS Jewelry Factory Worker Awarded $70,000 in Back Wages • FIRST IN THE IMMIGRATION DEBATE Teenage Labor Trafficking Survivor Approved for T Visa After millions of immigrants and status from within the U.S. supporters marched in cities and towns this The Senate recently passed an immi- Page 4 spring calling for a fair, sensible approach to gration bill (known as “Hagel-Martinez”) AALDEF Releases Groundbreaking immigration reform, lawmakers in the that would only worsen the rifts in the U.S. Report on Low-Wage Korean Workers Senate promised to take the high road in labor market created by the nation’s last their deliberations. major immigration bill— Pages 5-7 Immigrant rights took the 1986 Immigration Ivan Fong, Katrina vanden Heuvel, center stage as Reform and Control Act. and Charles Ogletree Receive 2006 communities nationwide IRCA established Justice in Action Awards declared a new civil “employer sanctions,” rights movement. But as the policy that effective- Page 9 the debate made ly divided the U.S. work- AALDEF Files Voting Rights Lawsuit To proposals increasingly force in two: Protect Language Minority Voters in punitive, AALDEF documented workers NYC urged lawmakers to above ground, and honor basic human undocumented workers Page 10 rights principles in any underground. Lowell Teachers Ordered Reinstated plan to overhaul the Last December, the after Unconstitutional Dismissal immigration system. House passed the “This year, we have draconian bill H.R. Page 11 yet to see an immi- 4437, which would Residents and Workers Affected by gration proposal that criminalize un- Toxic 9.11 Fallout Demand Federal recognizes and fixes the documented immigrants L More than 120,000 immigrants rallied along Broadway in New York Action • AALDEF Joins Amicus Brief errors of past policies,” based on their status for City on April 10, one of a series of national actions demanding fair and Challenging NSA Wiretapping said AALDEF program just immigration reform directed at lawmakers in Congress. (Photo by the first time in history. director Stan Mark. Ken Lee) When the Senate took “Instead, as we suspected, the political up immigration reform, AALDEF warned climate of the debate made immigration lawmakers and advocates that an enforce- reform a Trojan horse for anti-immigrant ment-heavy approach would only undercut and undemocratic measures.” any adjustment of status programs for immi- AALDEF partnered with groups grants. 2005 Census figures estimate that including the national Break the Chains Asian immigrants now make up about 13% Alliance, Immigrant Communities in Action, of undocumented immigrants nationwide.
L Nation editor Katrina vanden Heuvel and actor and United for Peace & Justice to hold public AALDEF joined nationwide marches on Kal Penn join forces for an inspiring evening. Details on p. 5. (Photo by Lia Chang) speak-outs and briefings educating the public April 1, April 10, April 24, and May 1 that about the Senate immigration bill, which declared: “Legalize, Don’t Criminalize,” “No carried provisions for punitive enforcement, Guestworker Programs!” and “Today We detention, and deportation policies along March, Tomorrow We Vote.” AALDEF also with guestworker plans that would permit worked with multi-ethnic coalitions to draft only a fraction of the country’s 12 million a statement of ten principles circulated undocumented immigrants to adjust their Continued on Page 3 Asian American Communities
Jury Awards JEWELRY FACTORY WORKER AWARDED $226,000 to Domestic Worker $70,000 IN BACK WAGES
In June 2006, a domestic In December, a Manhattan federal Yang received only a fixed amount each worker from Nepal who judge awarded Doo Nam Yang, 50, a week—usually in cash—no matter how worked five years for almost no pay was awarded judgment of $70,960.57 in back wages and many hours he worked. In federal court, the $206,000 in compensatory overtime from his former employer, New factory owner tried to undermine Mr. damages and $20,000 in York jewelry company ACBL Corp. Yang’s testimony by producing falsified punitive damages by a jury. Yang, a Korean immigrant from timesheets, but the court found the owner’s She lived in the home of Argentina, worked for ACBL over a span of account “replete with contradictions.” her employers, a New Jersey seven years. The company required him to After a two-day trial, Federal District couple, and worked day and night taking care of the work more than 40 hours a week, and Judge Leonard B. Sand found that ACBL couple, their children, and typically more than 90 hours a week, seven violated federal and state labor laws and their home, cleaning, days a week, during the holidays. However, upheld Yang’s right to additional “spread of
cooking, and maintaining the L hours” wages for his work over 10 hours lawn and pool. The couple Doo Nam Yang (left) at a Korean Workers Project press conference with AALDEF staff attorney Steve Choi (center) and YKASEC program associate a day. subjected her to continual Kathy Chae. (Photo by YKASEC) Said Yang, “ACBL and its owner never verbal abuse. Though they promised to pay her, the paid me a cent of overtime wages for all couple gave her only a few that work. They fought me every step of the thousand dollars after way, but I knew my rights and that we five years. would win in the end.” Seeking the fair labor AALDEF Skadden Fellow Steve Choi, value for her work, AALDEF who represented Yang, added, “The law is filed a quasi contract claim in 2003. AALDEF’s co-counsel on the side of the workers, and employers were ACLU, Paul, Weiss, who think they can exploit their workers Rifkind, Wharton & Garrison without legal consequence will end up LLP, Loeb & Loeb LLP, and being brought to justice.” local counsel Dwyer & Dunnigan LLC. TEENAGE LABOR TRAFFICKING SURVIVOR APPROVED FOR T V ISA
“Sara,” a better life for herself. After an arduous labor trafficking journey from Fujian, her traffickers survivor from demanded that she pay tens of thousands of China, will be dollars more, held her in a basement for able to stay in weeks, beat her, and threatened physical the U.S., attend harm to her and her family if she failed to public school, be reunited with her family, pay off the debt. and receive work authorization after a T When she contacted AALDEF Equal Visa petition, filed on her behalf by Justice Works Fellow Ivy Suriyopas last fall, AALDEF, was approved in April. “Sara” was working in restaurants six days “Sara” was 14 when she was sent a week, 14 hours a day, wiring nearly all unaccompanied to the U.S. by her parents her wages to China every month. 2 in 2002, in hopes that she could make a Stand Up for Immigration Reform
PUTTING HUMAN RIGHTS AND WORKERS ’ R IGHTS Voices from the Community FIRST IN THE IMMIGRATION DEBATE
Continued from Page 1 among immigrant communities and ethnic press. "The upsurge in organizing among immigrant communities redefined the national debate, but it remains to be seen Mr. Waheed Saleh , 35, whether our elected officials will listen to was inexplicably detained our demands for just legalization policies," and put into deportation said Mark. proceedings in 2004 after a AALDEF attorneys also used the courts police officer threatened to to protect immigrants against workplace L AALDEF staff attorney Tushar Sheth, AALDEF legal intern Sujeet Rao, and retaliate against him if he did AALDEF staff attorney Khin Mai Aung join hundreds of marchers at a 1,000- not withdraw a harassment exploitation and to halt the rollback in strong feeder march from Chinatown to Union Square organized by the Chinese Staff and Workers’ Association and NMASS. (Photo by AALDEF) complaint he filed with the rights for immigrants and their families. In Civilian Complaint Review 2006, AALDEF brought cases on behalf of families. Currently, about 1 in 10 families Board. “Someone trying to dozens of Asian immigrant workers and with children in the U.S. comprise a seek fairness and justice their colleagues facing nonpayment of “mixed-status” family, in which one or more should not have a wages, forced labor trafficking, and other parents is a non-citizen and at least one government agency silence him from complaining abuses within the restaurant, construction, child is a citizen. against someone who has deli and nail salon industries—where labor Inhumane detention and deportation crossed the line,” said Mr. standards such as minimum wage and practices that would be expanded in the Saleh. overtime are least enforced (see sidebars, Senate bill led to tragedy in the case of pp. 2, 3). ZhenXing Jiang, 34, a Chinese immigrant AALDEF has also maintained that anti- residing in Philadelphia. When she immigrant “interior enforcement” measures appeared for a supervisory immigration in the bills would have disastrous effects on interview on February 7, federal all communities. In one instance, Waheed Immigration and Customs Enforcement Saleh, a Palestinian immigrant from the (ICE) officials noticed that she was Bronx, was reported to immigration pregnant and immediately forced her into a Ms. ZhenXing Jiang authorities by the New York Police car bound for JFK airport for her suffered a miscarriage while in Homeland Security Department and put into deportation deportation. ICE agents ignored Jiang's cries custody in February. Her proceedings after he filed a formal of pain, resulting in a miscarriage of her husband, Mr. Tianxiao complaint against a police officer who had unborn twins en route. Zhang , said, “Words cannot racially harassed him. In February, In addition to calling for an describe the sadness my wife AALDEF attorney Tushar Sheth filed a investigation into ICE’s practices, AALDEF and I feel. We have struggled federal lawsuit on his behalf asserting that is currently of counsel in her immigration to build a family and livelihood here. America is the First Amendment protects an case and is working with Asian Americans our home and we don’t immigrant’s right to file a grievance against United in Philadelphia to ensure Jiang’s understand why the the government without facing retaliation— family will not be divided by deportation. government is treating us this including having one's status reported to As the congressional debate continues, way. All we are asking for is immigration authorities. AALDEF will work to ensure that human justice and to be treated fairly The current debate also continues to rights and workers’ rights will not be and with respect.” ignore the fluidity and complexity of sidelined in the fight for meaningful immigration laws and their impact on immigration reform. 3 Improving Workplace Conditions
Online at aaldef.org: AALDEF R ELEASES GROUNDBREAKING REPORT Korean Workers Project Resources ON LOW -W AGE KOREAN WORKERS
• A copy of the Korean “Mr. Lee,” a Other key findings include: Workers Project's “Forgotten Korean immigrant Workers” survey is available worker, regularly • Nearly all (94%) of the workers at http://www.aaldef.org/ docs/KWP_2006Worker put in 13 hours a surveyed were limited English Survey_analysis.pdf. day, six to seven proficient. days a week at a • Close to half (47%) of the workers • Korean Workers Project New York-area worked 60 hours or more per week, brochures in Korean and nail salon without and almost two-thirds (64%) of English are available at ever receiving a cent of overtime. workers work more than 50 hours per http://www.aaldef.org/ about.html. Approximately three out of four Korean week. The average number of hours immigrant workers like “Mr. Lee” do not worked per week was more than 55 • The first-ever Korean- receive legally-mandated overtime pay even hours. language booklet on New though they are entitled to it, according to • 15% reported that they had health York State unemployment survey results released in April. problems or have gotten injured as a insurance benefits, published The study, entitled “Forgotten Workers,” result of their job, but 64% of all by the Korean Workers Project, is available at is a first-of-its-kind survey examining the respondents did not know about their http://www.aaldef.org/docs/ conditions and challenges faced by low-wage, right to workers’ compensation. korean_unemployment_ first-generation Korean immigrant workers • 91% of workers said they were not guide.pdf. in the greater metropolitan area. Census part of a union or any other figures indicate that 22% of Korean organization to protect them. Americans in New York City live below the • Nearly one-third (31%) currently poverty level. hold more than one job to support The survey examined the working themselves. conditions of 184 Korean immigrant workers employed in various industries, including After getting advice from the Korean restaurants, groceries and delis, dry cleaners, Workers Project, “Mr. Lee,” represented by hair and nail salons, construction, and AALDEF, filed a suit against the nail salon garment manufacturing. About 28% of the and finally received a $17,500 back-wage respondents were undocumented workers. settlement in January.
L According to AALDEF and YKASEC's survey of low-income Korean immigrant workers, more than half of survey respondents (55%) did not know about 4 unemployment insurance, and only 11% of workers had ever applied for it. Respondents' awareness of disability benefits for workers injured on the job was similarly low. AALDEF Lunar New Year Gala
IVAN FONG , K ATRINA VANDEN HEUVEL , AND BENEFACTORS AT&T CHARLES OGLETREE RECEIVE 2006 Mayer, Brown, Rowe & Maw LLP “J USTICE IN ACTION ” A WARDS Mercedes-Benz USA, LLC Pfizer Inc. Prudential Financial Time Warner Inc. Weil, Gotshal & Manges LLP PATRONS Anheuser-Busch, Inc. Baker & McKenzie LLP Cadwalader, Wickersham & Taft LLP Covington & Burling Cravath, Swaine & Moore LLP Davis Polk & Wardwell Fletcher Asset Management, Inc. Fried, Frank, Harris, Shriver & Jacobson LLP Jones Day Kaye Scholer LLP Kirkland & Ellis LLP Latham & Watkins LLP Lehman Brothers Inc. The New York Times L (Front l to r) Judge Denny Chin, 2006 Justice in Action honorees: Ivan K. Fong, Charles J. Ogletree, Jr., and Katrina vanden Heuvel. (Back l to r) AALDEF executive director Margaret Fung and presenter Peter Kwong. (Photo by Lia Chang) The Reed Foundation Schulte Roth & Zabel LLP Sidley Austin Brown & Wood More than 850 guests joined AALDEF magazine in 1980, researching Chinese LLP at Pier Sixty on Thursday, February 2 to immigrant waiters on strike at Silver Palace Simpson Thacher & Bartlett LLP Washington Mutual congratulate AALDEF’s 2006 “Justice in restaurant, and praised the dedication White & Case LLP Action” Award honorees Ivan K. Fong, AALDEF staff demonstrated in seeing the FRI ENDS Executive Vice President and Chief Legal case through to a $500,000 settlement more Akin Gump Strauss Hauer Officer of Cardinal Health; Charles J. than two decades later. She received her & Feld LLP Ogletree, Jr., Harvard Law School professor; award from Hunter College professor Arnold & Porter LLP and Katrina vanden Heuvel, editor and Peter Kwong. Baker & Hostetler LLP Chevron Corporation publisher of The Nation . WNBC-4 reporter Professor Ogletree reminded guests that Citigroup Foundation Vivian Lee hosted the evening’s festivities, “Our struggles and our destinies are tied Cleary Gottlieb Steen & Hamilton LLP and film actor Kal Penn presented a special together,” citing the contribution of Asian Clifford Chance US LLP message. American hero Fred Korematsu to his work Con Edison Fong expressed deep gratitude to those to secure reparations for Tulsa race riot Debevoise & Plimpton LLP Dewey Ballantine LLP who inspired his advocacy in the public and survivors. Former New York City mayor General Electric Company private sectors on behalf of the Asian David Dinkins presented Ogletree with Hugh L. Carey Battery Park American community, urging the next his award. City Authority IBM generation not to be “overwhelmed” by “In these difficult times, our honorees The JKW Foundation cynicism, but to approach the work of have promoted a broad vision of civil rights Randall K.C. Kau and Elizabeth justice as simply “having integrity: every in the law, media, and public policy,” said M. Olmsted Kelley Drye & Warren LLP day, everywhere, in everything that you do.” AALDEF executive director Margaret Fung. Kenyon & Kenyon LLP He accepted his award from Manhattan “Their efforts truly reflect the spirit of King & Spalding LLP Kobre & Kim LLP Federal District Judge Denny Chin. AALDEF’s mission: to advance human Kramer Levin Naftalis & Frankel Nation editor vanden Heuvel regaled rights for all.” LLP listeners with a story of how she stumbled The evening raised more than $600,000 upon AALDEF while an intern at the to support AALDEF’s civil rights work. 5 2006 Lunar New Year Gala
LeBoeuf, Lamb, Greene & MacRae LLP Peter and Yuriko Kurita Lederer Manatt Phelps & Phillips Merrill Lynch & Co. Inc. Microsoft Corporation Milbank, Tweed, Hadley & McCloy LLP Milberg Weiss Bershad & Schulman LLP Morgan Stanley Morrison & Foerster LLP Harsha Murthy NBC4 O’Melveny & Myers LLP L Honoree Charles J. Ogletree, Jr., Peter Sherwood of Manatt, Phelps & Phillips, AALDEF executive director Margaret Fung, Judge Kristin Booth Glen and honoree Patterson Belknap Webb Ivan Fong. (Photo by Corky Lee) & Tyler LLP Paul, Weiss, Rifkind, Wharton & Garrison LLP Pillsbury Winthrop Shaw Pittman LLP Shearman & Sterling LLP Skadden, Arps, Slate, Meagher & Flom LLP Sullivan & Cromwell LLP Thelen Reid & Priest LLP Verizon WABC-TV Wachtell, Lipton, Rosen & Katz WCBS-TV Williams & Connolly LLP L Namesake film actor Kal Penn shares an anecdote with AALDEF honoree L Emcee Vivian Lee of WNBC-TV (center) with history-makers David Dinkins, Wilmer Cutler Pickering Hale Katrina vanden Heuvel and her presenter, Professor Peter Kwong. the first African American mayor of New York City, and Mayor Jun Choi, the and Dorr LLP (Photo by Lia Chang) first Asian American mayor of Edison, NJ. (Photo by Lia Chang) ACKNOWLEDGMENTS 7th on Sixth/IMG Fashion abhaya Althea Anheuser-Busch, Inc. Asian CineVision Beverly Hills Sports Council Bingo, the musical David Bouley The Chamber Music Society of Lincoln Center Lia Chang Chelsea Piers Sports & Entertainment Complex Denley Chew L Benefit Committee Co-Chair Brian Sun (center, front) and colleagues from Jones Day welcome in the Lunar New Year. (Photo by Lia Chang) Cingular Wireless Citibank, N.A. Con Edison Crunch Fitness The Daily Show with Jon Stewart Dell Inc. Eastern Athletic/Shibumi Spa Eleven Madison Park Equinox Fitness Clubs Equinox Fitness Spa at 63rd St. Harpo Gordon Hirabayashi
6 L (l to r) Merrill Lynch supporters Pao-Ling Yu, Benefit Committee Co-Chair Stephanie L Law & Order actor B.D. Wong and People magazine executive editor Yu, Ray Ying, Lisa Tsuei and Cynthia Yang enjoy the festivities. (Photo by AALDEF) Jeannie Park catch up at the reception. (Photo by Lia Chang) Celebrating the “Year of the Dog”
Hotel Palomar Washington DC - A Kimpton Hotel David Henry Hwang Jivamukti Yoga Center NYC Knitty City Peggy Kuo Late Night with Conan O'Brien Late Show with David Letterman Ang Lee Jan Lee Jeanette Lee Leekan Designs LG Electronics MobileComm U.S.A. Inc. L Kal Penn hangs backstage with Benefit Committee Co-Chair Raymond Lin of Latham L AALDEF board member Gail Wright Sirmans & Benefit Committee Lia Schorr Skin Care & Watkins, Loyti Cheng of Davis Polk & Wardwell, and AALDEF assistant director Lillian Co-Chair Alphonse Fletcher, Jr. of Fletcher Asset Management, Inc. Ling. (Photo by Lia Chang) (Photo by AALDEF) Ling Skin Care Ma-Yi Theater Company Major League Baseball Manhattan Sailing School Mercedes-Benz USA, LLC Merrill Lynch & Co. Inc. Metamorphosis Day Spa Michael C. Fina Mohegan Sun The Myriad Restaurant Group NAP, Inc. New Jersey Devils New York City Ballet New York City Opera New York Giants New York Philharmonic L Honoree Ivan Fong (center) receives congrats from National Asian Pacific American Bar Association leaders (l to r): Paul Lee, Wilson Chu, Amy Lin Meyerson, New York Rangers Bruce Ishimatsu, Jim Goh, and 2005 AALDEF honoree Don Liu. (Photo by Lia Chang) New York Theatre Ballet The New York Times New York Yankees Dat and Becky Nguyen Ohnmar Shin Pan Asian Repertory Company Pearl River Mart Kal Penn People Magazine Pfizer Inc. Prudential Financial The Public Theater Salman Rushdie Shiseido Cosmetics (America) Ltd. L AALDEF supporters Kirkland & Ellis LLP with Benefit Committee Co-Chair Eunu L 1921 Tulsa Race Riot survivor Olivia Hooker with AALDEF Shun Lee Chun (center, back). (Photo by Corky Lee) honoree Professor Charles Ogletree. (Photo by Lia Chang) Vijay Singh Barbara H. Soong Ichiro Suzuki Ten Ren Tea & Ginseng Co. Thomas/Martin Events Tina Tang Studio Tribeca Film Festival Cecilia Tso Vivienne Tam Tom Wai-Shek The Warwick New York Hotel Tiger Woods Theodora Yoshikami
L Guests from Cadwalader, Wickersham and Taft are joined by Benefit Committee Co-Chair Kathy Hirata Chin (front, second from right) and Federal Magistrate 7 Judge Kiyo Matsumoto (back, far right). (Photo by Lia Chang) Summertime Fun in the City
Summer Party Event Committee
Akin Gump Strauss Hauer & Feld LLP Arnold & Porter LLP Baker & McKenzie LLP Cadwalader, Wickersham & Taft LLP Cleary Gottlieb Steen & Hamilton LLP Clifford Chance US LLP Cravath, Swaine & Moore LLP Curtis, Mallet-Prevost, Colt & Mosle LLP David Polk & Wardwell Dewey Ballantine LLP DLA Piper Rudnick Gray Cary US LLP Dorsey & Whitney LLP L Summer Party Event Committee: (Front from l to r) AALDEF assistant director Lillian Ling, Jean Lam MacInnes of Dewey Ballantine LLP, Anjna R. Kapoor of Kaye Scholer LLP Kelley Drye & Warren LLP, Yue-Han Chow of Arnold & Porter LLP. (Back from l to r) AALDEF staffer Jennifer Weng, Vincent J. Roldan of DLA Piper Rudnick Gray Kelley Drye & Warren LLP Cary US LLP, Andrew J. Yoon of Weil, Gotshal & Manges LLP, Lauren U. Y. Lee of Cadwalader, Wickersham & Taft LLP, Tomasita L. Sherer of Milberg Weiss Bershad & Kenyon & Kenyon LLP Schulman LLP, and AALDEF executive director Margaret Fung. (Photo by AALDEF) King & Spalding LLP Kramer Levin Naftalis & Frankel LLP Latham & Watkins LLP AALDEF's 2006 Summer Cocktail Party, held in Manhattan on June 7 at AER Lounge in LeBoeuf, Lamb, Greene & the Meatpacking District, was a spectacular success. Over 400 guests attended. Special MacRae LLP thanks to the members of our Summer Party Event Committee! Mayer, Brown, Rowe & Maw LLP Milbank, Tweed, Hadley & McCloy LLP Milberg Weiss Bershad & Schulman LLP Morrison & Foerster LLP New York Stock Exchange O’Melveny & Myers LLP Patterson Belknap Webb & Tyler LLP Paul, Weiss, Rifkind, Wharton & Garrison LLP Pillsbury Winthrop Shaw Pittman LLP Ropes & Gray LLP Schulte Roth & Zabel LLP Shearman & Sterling LLP L (l-r) Summer Event Committee member Andrew J. Yoon of Weil, Gotshal & Manges LLP with guests Sey-Ho Lee and Jeanne Cho of Chadbourne & Parke LLP. Sidley Austin LLP Simpson Thacher & Bartlett LLP Skadden, Arps, Slate, Meagher & Flom LLP Sonnenschein Nath & Rosenthal LLP Sullivan & Cromwell LLP Weil, Gotshal & Manges LLP White & Case LLP
L (l-r) Amit K. Trehan and Ajay Mago of Mayer, Brown, Rowe & Maw LLP L Summer Event Committee member Stephanie Sun Hinderks of Cleary 8 along with AALDEF staff attorney Tushar Sheth. Gottlieb Steen & Hamilton LLP with guests Grace Kang (left) and Cleary Summer Associate Youngro Lee (right). Promoting Civic Participation
AALDEF B RINGS LANGUAGE ASSISTANCE SUIT Congress Renews the Voting Rights Act of TO PROTECT MINORITY VOTING RIGHTS 1965
When Congress debated legislation to In July, Congress voted renew the Voting Rights Act (VRA) this overwhelmingly to extend spring, a suit AALDEF filed again the City key minority voter of New York presented a clear case for the protections for another 25 continuing need for VRA protections. In years, through 2032. Although legislation to February, AALDEF sued the New York City renew the Voting Rights Act Board of Elections alleging that—in the city had bipartisan support, its with the nation’s largest Asian American L Fun Mae Chin Eng (right), a 73-year-old Chinatown garment worker and path to passage this year a plaintiff in the AALDEF suit, told reporters that without VRA-required became muddied when, in population—the Board of Elections violated language assistance, "[W]hen I got into the machine it was like I was blind." the VRA’s language assistance provisions. Eng said translated ballots and instructions are needed to ensure that voters May, a group of House can vote for the candidates they really want. (Photo by AALDEF) Section 203 of the VRA requires the conservatives sought to remove two vital provisions: translation of election-related materials, of Chinese (Mandarin and Cantonese) or language assistance and voter notices and publicity, and interpreters in Korean. translated ballots in at poll sites. The VRA has required AALDEF filed suit on behalf of four communities with large language assistance for limited English organizations—the Chinatown Voter numbers of voters not yet proficient Chinese American voters in New Education Alliance, Young Korean fluent in English, and the York, Kings, and Queens counties since American Service and Education Center, requirement for jurisdictions with a history of 1992, and for Korean American voters in Inc. (YKASEC), Korean American Voters’ discrimination to obtain Queens since 2002. Council, and Chinese American Voters federal “preclearance” for According to the suit, Asian Association—and five limited English any new voting plans. Americans in New York City have faced proficient Asian American voters. Weil, During Congressional more than a decade of Election Day Gotshal & Manges LLP is pro bono co- hearings, lawmakers heard obstacles, including: faulty translations of counsel in the suit. ample evidence of ongoing barriers faced by minority candidates’ names on ballots; interpreter According to AALDEF’s 2004 exit poll voters while exercising their shortages that led to voters being turned of 7,247 Asian Americans in New York right to vote. After testifying away; poll workers blocking interpreters City, 46% of Asian Americans said that before the House Judiciary from assisting voters or making disparaging they were limited English proficient. Committee in November or racist remarks about language assistance Among Chinese American voters, 56% 2005, AALDEF was invited and Asian Americans; poor and ineffective were limited English proficient and 37% again to testify before the Senate Judiciary Committee notices of poll site changes that led to voter needed language assistance to vote. Among in June. confusion; and voters unable to find their Korean American voters, 65% were limited The Fannie Lou Hamer, correct poll site locations because hotlines English proficient and 42% needed Rosa Parks, and Coretta Scott did not provide assistance in both dialects language assistance to vote. King Voting Rights Reauthorization and Amendments Act of 2006 passed the House on July 13, AALDEF Issues In-Depth Voting Rights Act Report and the Senate on July 20. AALDEF executive director In May, AALDEF released a new report entitled Asian Americans and the Voting Rights Act: The Margaret Fung attended the Case for Reauthorization . AALDEF submitted the report to the Senate Judiciary Committee, signing ceremony on the providing extensive evidence of the continuing need for Section 203 language assistance under the South Lawn of the White Voting Rights Act and also federal oversight of voting changes in jurisdictions with a history of House on July 27. discrimination. The 47-page report is a comprehensive analysis of data from AALDEF’s multilingual exit polls and election monitoring results that date back to 1988. A copy is available for download at: http://www.aaldef.org/docs/AALDEF-VRAReauthorization-2006.pdf. 9 Securing Equality
AALDEF Addresses LOWELL TEACHERS ORDERED REINSTATED Gathering of Nation’s Educators AFTER UNCONSTITUTIONAL DISMISSAL
Three school teachers in Lowell, districts made the so-called fluency Massachusetts were ordered reinstated by determinations based on classroom the American Arbitration Association on observation, interviews, or an assessment March 29, after it found that Lowell school of the teacher’s educational credentials and administrators discriminated against them teaching track record. and did not have just cause for dismissing “All my friends in the community know them. The reinstatement decision included that I had been teaching for many, many On May 6, AALDEF staff full back pay, seniority, pension, and health years, and my co-workers were upset when attorney Khin Mai Aung was benefits since their 2003 dismissal. they first heard about our firing. This the keynote speaker at the National Education Associ- AALDEF represented decision is a victory for ation (NEA) Board of teachers Vandy Duch, 43, Lowell,” said Duch. Duch Directors meeting in and Vong Oung, 39, and had fled Cambodia’s Washington, DC, attended Pedro Espada, 62, after Khmer Rouge regime to a by over 220 members. administrators had singled United Nations refugee Aung, who directs out non-native English camp in Thailand in 1979, AALDEF’s Educational Equity and Youth Rights speaking instructors to take where he studied English Project, was invited to English fluency tests, and through a U.N. program. discuss emerging legal issues then dismissed them for Oung, also a refugee and the role of Asian allegedly failing the tests. from Cambodia, had Americans in advancing At the arbitration hearings, coached Bartlett Middle social justice in public AALDEF showed that the School’s volleyball team in education. Current challenges Aung highlighted included two fluency tests have Lowell. “After almost three the persistence of the “model never been shown to years, it was exciting to minority myth” in compli- measure proficiency in L Clockwise from top: AALDEF clients Vandy Duch, who hear the news and to know taught at Daley Middle School; Pedro Espada, who taught at cating assessments of Asian English, and that one was Robinson Middle School, and Vong Oung, who taught at that there is also justice in American students’ needs not even authorized by the Bartlett Middle School. (Photos from personal archives) the classroom. I miss my with respect to bilingual Massachusetts Department of Education. work and look forward to going back and programs and schools’ responses to experiences Said Khin Mai Aung, AALDEF staff teaching,” he said. of bias. attorney, “School officials operated under “[The dismissal] was devastating for my Aung also described flawed assumptions based on these teachers’ family, because everything had suddenly her ongoing work with backgrounds, and in doing so, stripped their become closed to us. My son was planning Cambodian students in employees of their constitutional rights and to attend a university,” said Espada. “With Lowell and Lynn, MA, where failed even to consider the best evidence this decision we are finally getting back they have faced school push- out policies and ethnic of fluency.” what we deserve—respect and dignity.” profiling by police, and the In November 2002, Massachusetts Originally from Puerto Rico, Espada is a responsibility of admin- passed Question 2, which required that decorated veteran of the Vietnam War, istrators to reject post-9.11 nearly all classes in public schools be taught where he had served in a war-zone military profiling of South Asian, in English by teachers who were both fluent communications post. Arab, and Muslim students. and literate in English. Question 2 did not Weil, Gotshal and Manges LLP served define “fluency,” nor state that only non- as co-counsel. The Lowell School native English speakers had to demonstrate Committee is appealing the decision. English fluency or literacy. Other school 10 for Asian Americans
RESIDENTS AND WORKERS AFFECTED BY TOXIC Awards & Honors 9.11 F ALLOUT DEMAND ACTION BY AGENCIES AALDEF executive director Margaret Fung was Nearly five years after the 9.11 attacks, Meanwhile, Environmental Protection honored at the New York County Lawyers’ Association there is still no federal program to treat and Agency officials, disregarding a growing at its 91st Annual Dinner on track the long-term illnesses of low-income body of health impact data, announced in December 16 at the Waldorf residents and workers from Lower November they would disband its Expert Astoria, in celebration of the Manhattan. Technical Review Panel and pursue a “final work of jurists and attorneys AALDEF, a member of Beyond test and clean plan” that ignored key advice of color. On May 12, Fung Ground Zero (BGZ) Network, has targeted from its panelists. Panel experts, joined by received an award for excellence in advocacy from outreach to the newly-appointed federal AALDEF, argued at a public hearing in the New York Women's “9.11 health czar” Dr. John Howard, December that the EPA’s latest plan is Chamber of Commerce at Congressional staff, and City health officials scientifically flawed and only proposed to Tavern on the Green. about the environmental health impacts of test a limited area. Ignoring 9.11 health On April 6, the Asian 9.11 on Chinatown and the Lower East Side impact data, the EPA plan excluded American Lawyers residents burdened by persistent respiratory neighborhoods in the Lower East Side, Association of Massachusetts honored AALDEF staff illnesses, rashes, stomach ailments, and Chinatown, and Brooklyn where residents attorney Glenn Magpantay mental health problems, such as depression. were exposed to WTC dust, asbestos, lead, (below, far left), Weil Gotshal BGZ established a pilot clinic at mercury, dioxin, and smoke from the fires and Manges LLP and Greater Bellevue Hospital in 2004 without funding, that burned for several months at Boston Legal Services with a and last summer expanded its 9.11 Ground Zero. Community Service Award Community Health Initiative by Said AALDEF program director Stan for their efforts to ensure that the City of Boston establishing a clinical treatment center with Mark, “The urgency for underserved complied with the Voting hospital staff through a Red Cross grant. communities has only grown since 9.11— Rights Act. More than 1,200 residents and workers are our government must fully treat residents being treated, while several hundred are and workers and study the impacts the waiting for appointments. fallout has had on them.”
AALDEF J OINS AMICUS BRIEF CHALLENGING
NSA D OMESTIC SPYING PROGRAM On May 4, the Chinese American Voters Association In light of the abuses Asian American Said AALDEF executive director recognized AALDEF for its communities have suffered whenever Margaret Fung, “The wartime internment civil rights work on behalf of executive power has gone unchecked, of Japanese Americans was followed by the Asian Americans at its 2006 AALDEF joined an amicus brief in April to anti-communist witchhunts of the annual dinner. support the ACLU’s legal challenge to the McCarthy era, resulting in the FBI On June 21, the Korean American League for Civic government’s warrantless domestic surveillance and harassment of thousands Action honored AALDEF surveillance program ( American Civil of Chinese Americans suspected of ‘dual with a Community Service Liberties Union v. National Security Agency ). loyalties.’ The secret wiretapping program Award for its “exemplary In 2002, President Bush signed an will only lead to a greater distrust of leadership" in initiatives "to executive order that allowed the National government in the Asian American protect and empower Asian Security Agency to monitor the telephone community, which has already experienced American communities.” and e-mail communications of potentially the devastating effects of post-September 11 thousands of Americans without necessary racial and ethnic profiling.” judicial review or oversight. 11 OUTLOOK is a publication of the Asian Asian American Legal Defense and Education Fund American Legal Defense and Education Outlook £ Fund. Founded in 1974, AALDEF protects and promotes the civil rights of Asian Become an AALDEF Member Today Americans through litigation, advocacy, and community education. Join the hundreds of generous individuals who make AALDEF’s work possible. Membership includes a one- year subscription to Outlook, discounts to special members’ events and updates on civil rights issues and legal AALDEF developments affecting Asian Americans. 99 Hudson Street J New J Basic / $50 J Associates / $100 J Sustaining / $500 New York, NY 10013-2815 J Renew J Joint / $75 J Contributing / $250 J Patron / $100 0 + 212.966.5932 (t) 212.966.4303 (f) Name: www.aaldef.org • info @aaldef.org Address: City / State / Zip: Board President: Harsha Murthy Phone Number: Email: Executive Director: J Margaret Fung Please check here if your employer has a matching-gifts program Name of Company: Editor: Please send me information on: J Including AALDEF in my estate planning Shirley Lin J Donating stocks or securities to AALDEF J Volunteer opportunities at AALDEF
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FALL 2006 EDITION