HKS Journal of Hispanic Policy

HARVARD JOURNAL OF HISPANIC POLICY

VOLUME 25, 2012-2013

AN HKS STUDENT PUBLICATION www.harvardhispanic.org Twitter: @HarvardHispanic STAFF LIST 2012-2013 Octavio González Editor-In-Chief

Printed on responsibly harvested, Dante Pérez agency-certified paper containing 50% Marcos Valdez post-consumer recycle content Managing Editors Cynthia Thaler Associate Publisher for Board Relations

Donations provided in support of the Monica Garcia Associate Publisher for Marketing and journal are tax deductible as a non- Distribution profit gift under Harvard University’s Senior Editor for Web Content IRS 501 (c) (3) status. Contributions should specify “for use only by the Juan Salazar Harvard Journal of Hispanic Policy” in Stephanie Oviedo Senior Editors for Articles and Features order to facilitate the required accounting procedures. Jesus Davila Senior Editor for Book Reviews All views expressed in the Harvard Javier Oliver Journal of Hispanic Policy are those of Senior Editor for Commentaries the authors or interviewees only and Anne Y. Kim do not represent the views of Harvard Senior Editor for Print and Web Inter- University, the John F. Kennedy School views of Government at Harvard University, the staff of theHarvard Journal of Ernesto Umaña Senior Editor for Special Content Hispanic Policy, the Executive Advi- sory Board of the Harvard Journal of Melissa Flores Hispanic Policy, or any associates of the Senior Editor for Art Content journal. Mark Diaz Truman Alberto Auidifaz González, Jr. © 2013 by the President and Fellows Julian López of Harvard College. All rights re- Senior Editors-At-Large served. Except as otherwise specified, Martha Foley no article or portion herein is to be Publisher reproduced or adapted to other works without the expressed written consent Richard Parker of the editors of the Harvard Journal of Faculty Advisor Hispanic Policy. ii ■ The Honorable Grace Flores- Hughes SPONSORS American Author and Vice President, F&H 2 Inc. The Harvard Journal of Hispanic Policy (ISSN ISSN 0892-6115) is funded entirely Alma L. Guajardo-Crossley through subscriptions and contributions. Director, Corporate Diversity, General The John F. Kennedy School of Govern- Motors ment at Harvard University provides Tony Jimenez only in-kind assistance due to an official President & CEO, MicroTech policy that prohibits funding student- coordinated publications. We would like Edwin Meléndez to thank the following sponsors who have Professor of Urban Affairs and Planning; made the publication of our twenty-fifth Director of the Center for Puerto Rican volume possible: Studies, Hunter College Robert S. Nelsen Office of Dean David Ellwood- President, University of Texas-Pan The Executive Advisory Board American of the Harvard Journal of Hilda H. Polanco Hispanic Policy Founder and Managing Director, Fiscal Management Associates, LLC Henry A.J. Ramos Principal, Mauer Kunst Consulting EXECUTIVE ADVISORY Dr. Carlos Santiago Senior Deputy Commissioner for BOARD Academic Affairs, Massachusetts James R. Carr Department of Higher Education Chair, Executive Advisory Board Roberto Suro Genoveva L. Arellano Director of the Tomas Rivera Policy Institute; Professor, School of Policy, Principal, Arellano Associates Planning and Development, University Kenneth C. Burt of Southern California Political Director, California Federation of Teachers Sylvia M. Zaldivar-Sykes Executive Director, The Lake County Alejandra Campoverdi Community Foundation Senior Advisor, Innovation and Communications Strategy, Univision Dr. Gabriela Baeza Ventura Associate Professor, US Latin@ Network News Literature; Director of Graduate Alfredo Estrada Studies, Department of Hispanic Editor, Latino Magazine Studies University of Houston Marlene L. Garcia Manager, Strategic Initiatives Group, Apple Education, Apple Inc

Harvard Journal of Hispanic Policy | Volume 25 | 2013 ■■ iiiiii CONTENTS HARVARD JOURNAL OF HISPANIC POLICY Order Form

TheHarvard Journal of Hispanic Policy is an annual, nonpartisan review that publishes interdisciplinary works on U.S Latino politics and policy making. The Harvard Journal of Hispanic Policy is published by the John F. Kennedy School of Government at Harvard University. VOLUME 26 ORDER FORM

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Mail to: Harvard Kennedy School, Student Journals Office 79 JFK Street, Mailbox #124 Cambridge, MA 02138 Make all checks payable to Harvard University. To order by e-mail, write to [email protected]; by fax, send to (617) 384-9555. For credit card payment, visit our Web site at www.hks.harvard.edu/hjhp. Please contact us regarding bulk orders. CONTENTS

2 Editor’s Note Octavio González

COMMENTARIES 5 La Gente Unida Jamás Será Vencida: The Power of Changing Demographics in the 2012 Elections and Beyond by Katherine Culliton-González 15 STEM, Shoots, and Leaves: Increasing Access of Underrepresented Groups to High-Quality, Career-Readying Science, Technology, Engineering and Mathematics Education by Chelsea Martinez

SPECIAL CONTENT 27 Anatomy of a Community’s Coming of Age by Henry A. J. Ramos 35 Borderlands: U.S.-Mexican Border Policy in Pictures by Maria Davydenko

FEATURED ARTICLES 49 When English Is Not Enough: Escamilla v. Cuello by Donathan L. Brown 69 Toward an Empirical Analysis of Hate Speech on Commercial Talk Radio by Chon A. Noriega and Francisco Javier Iribarren

Harvard Journal of Hispanic Policy | Volume 25 | 2013 ■ v CONTENTS FORMER EDITORS

97 The Importance of Preparing Teachers to Educate Vulnerable Populations by Blanchi Roblero

BOOK REVIEWS 118 The Search for Kitsch: A Review of The Riddle of Cantinflas: Essays on Hispanic Popular Culture by Ilan Stavans Reviewed by Jesus Davila 121 Self-Reflection and Discovery: A Review of Mi Voz, Mi Vida: Latino College Students Tell Their Life Stories Edited by Andrew Garrod, Robert Kilkenny, and Christina Gómez Reviewed by Anthony R. Jimenez, President and CEO, MicroTech

ART CONTENT 26 A Struggle for Every Generation by Daniel González 29 Justice Has No Borders by Henry A. J. Ramos 33 Infusion 34 Freedom Battle by Ray Rosario 68 El Soldado by Eric J. Garcia 117 Materia Prima by Antonio Pazaran

vi ■ FORMER EDITORS

A special thanks to the former editors of the Harvard Journal of Hispanic Policy whose legacy continues to be a source of inspiration for Latino and Latina students at the John F. Kennedy School of Government at Harvard University.

Henry A. J. Ramos, Founding Myrna Pérez, 1996–97 Editor, 1984–86 Eraina Ortega, 1998–99 Marlene M. Morales, 1986–87 Nereyda Salinas, 1998–99 Adolph P. Falcón, 1986–87 Raúl Ruiz, 1999–2000 Kimura Flores, 1987–88 Maurilio León, 1999–2000 Luis J. Martinez, 1988–89 Sandra M. Gallardo, 2000–01 Genoveva L. Arellano, 1989–90 Luis S. Hernandez Jr., 2000–01 David Moguel, 1989–90 Karen Hakime Bhatia, 2001–02 Carlo E. Porcelli, 1990–91 Héctor G. Bladuell, 2001–02 Laura F. Sainz, 1990–91 Jimmy Gomez, 2002–03 Diana Tisnado, 1991–92 Elena Chávez, 2003–04 Daniel Luna, 1991–92 Adrian J. Rodríguez, 2004–05 Alma Ayala, 1992–93 Edgar A. Morales, 2005–06 Lisa G. Baltazar, 1992–93 Maria C. Alvarado, 2006–07 Dale P. Johnson, 1993–94 Tomás J. García, 2007–08 Eduardo Pérez, 1994 Emerita F. Torres, 2008–09 Claudia Jasin, 1994–95 Gabriela M. Ventura, 2008–09 Mark Fassold, 1995 Adam J. Gonzales, 2009–10 Micheal U. Villareal, 1995–96 Crisóforo G. Garza, 2010–11 Alex Rodriguez, 1995–96 Joe Carreón, 2011–12 Irma Muñoz, 1996–97

Harvard Journal of Hispanic Policy | Volume 25 | 2013 ■ 1 EDITOR’S NOTE

he power wielded by the American Latino community during the 2012 national election signals a new era in American politics. Gone are the days when majority groups sharing Tcommon descriptive characteristics dominated the national political agenda in the United States. Instead, what we are witnessing is the ascendancy of a political class that combines both the hard power of mobilizing people from the grassroots level to manifest themselves and influence policy makers at a national level, and the soft power of a community that builds coalitions that combine smart strategies for power with rather than merely over other interest groups in the political sphere. Of course, how this power is expressed in the realm of politics is important. No longer do we have Tea Party candidates strong-arming politicos into expressing the will of minority group interests. These power tactics have declined in favor of a diffusion of power among elected and non-elected political leaders. In 2012, we saw the rising political influence of non-elected leaders and activists that combined both the hard power of mobilization and the soft power of coalition building to create a new regime of smart power--to borrow a term coined by Harvard Ken- nedy School Professor Joseph Nye, Jr. Through this use of smart power, Latino leaders successfully influenced a presidential administration to pay attention to the needs of a vulnerable and politically disenfranchised population of undocumented immigrants: the Dreamers. The genius of the Dreamer movement in this last election is the contextual intelligence displayed by these leaders. Professor Nye defines contextual intelligence as “the ability to understand an evolving environment and capitalize on trends.” The American Latino community will continue to need contextual intelligence to understand that the ascendancy of the Latino community in politics does not come at the cost of a decline in power for other groups. Rather, the decline in influence of groups like the Tea Party is illustrative of this point: even the most politically powerful

2 ■ EDITOR’S NOTE

interest groups cannot achieve their aims without the help of others. The political skill displayed by Dreamer activists in the way they built broad and inclusive coalitions—which included such groups as Hispanic evangelical Christians, the lesbian, gay, bisexual, transgender, queer community, unions, Silicon Valley business leaders, and various ethnic interest groups—illustrates this contextual intelligence necessary to succeed. This skill enabled American Lati- nos to use networks and connectedness in an age of information to convert power resources into successful strategies that changed the course of politics for the Latino community and American history. The purpose of Volume 25 of theHarvard Journal of Hispanic Policy is to reflect more on this ascendancy and to stimulate this broader narrative. The ability to maintain this newfound ascendancy will not depend on the Hispanic community’s ability to dominate other interest groups or even hold hostage elected officials through the threat of exercise of hard power. Instead, maintaining this ascen- dant position will rest upon a new narrative of smart power that induces collaboration with a spectrum of interest groups in Ameri- can politics. Never before has Hispanic policy been in the spotlight in such a manner. In President Barack Obama’s State of the Union Address in Feb- ruary 2013, there were only a handful of moments that caused the members of both houses and both parties of Congress to rise to their feet in ovation. The mention of immigration policy was one such moment. And for the first time in many years, the political winds have seemingly shifted on an important issue for the Ameri- can Latino community in the United States. It was not long ago that the mention of undocumented immigrants in the State of the Union garnered a “You lie!” exclamation from Republican House member Joseph Wilson. Now, both Republicans and Democrats seem to be in agreement that a major overhaul of America’s immigration system is needed to maintain America’s primacy in this century. It is in this dynamic political environment for Latinos that we present to you Volume 25 of the Harvard Journal of Hispanic Policy.

Harvard Journal of Hispanic Policy | Volume 25 | 2013 ■ 3 EDITOR’S NOTE COMMENTARY

This twenty-fifth volume is a wonderful opportunity for us to reflect on how far we have come as a Latino community and to think deeply about where we are going. I would like to take a moment to thank the section editors of the Harvard Journal of Hispanic Policy. It has been a true pleasure and honor to work with such a dedicated team who exhibited a passion for Hispanic policy. I’d also like to thank the members of our Executive Advisory Board and, in particular, our board chair, Jim Carr. Jim has been a driving force in elevating this journal as an institution within the Harvard Kennedy School, and we are very proud to have his dedicated and unwavering support. Finally, I’d like to thank all the former editors of the Harvard Journal of Hispanic Policy. They remain an inspiration to all the Latino and Latina students at the Harvard Kennedy School and the Harvard University campus as a whole. It is my sincere hope that Volume 25 informs our continued national dialogue over the place of the American Latino community in our national history. Never before has there been such a need to understand Hispanic policy and the role our community is taking in leading this nation to the future. And this is what makes this journal unique.

Octavio González Editor-in-Chief Harvard Journal of Hispanic Policy Cambridge, MA February 2013

4 ■ COMMENTARY

LA GENTE UNIDA JAMÁS SERÁ VENCIDA The Power of Changing Demographics in the 2012 Elections and Beyond by Katherine Culliton-González

Katherine Culliton-González is the Director of Voter Protection for Ad- vancement Project, where she leads a highly qualified team in litigation, policy advocacy, community education, and empowerment strategies to protect fundamental voting rights. A former Fulbright Scholar, she taught human rights law in Chile and graduated as valedictorian of the 1993 American University law class. She is the author of a series of law review articles, written in English and Spanish, which have been used to protect civil rights in the Americas. Her latest law review article, published in the Harvard Law School Human Rights Journal, argues against disparate access to citizenship due to its negative impact on Latino voting rights. Before joining Advancement Project, Culliton- González served in the U.S. Department of Justice’s Civil Rights Division, where she brought a series of cases to enforce the antidiscrimination provisions of the Voting Rights Act. She frequently appears in the media as a nationally recognized voting rights expert. COMMENTARY | CULLITON-GONZÁLEZ

the face of the rising power of the potential Latino electorate (Adelmann dequately summarizing the 2012). But as Dr. Martin Luther King impact of the Latino vote in demonstrated, when communities the United States’ Novem- fight discrimination, the arc of the Aber 2012 elections is a difficult task moral universe is long, but justice ul- because, at least as of the time of timately prevails (King 1967). A next- this writing, the existing data is pre- generation, multiracial, full-time, liminary. But the postelection news year-round voting rights movement headlines and all available exit polls is needed to protect and fully realize illustrate the increasingly influential the inherent power of the potential power of Latino voters in American Latino electorate. politics with Latinos making up 10 percent of the electorate and influenc- ing the results in battleground states Voter Suppression (Pew Hispanic Center 2012). Backfired in the 2012 U.S. However, although there are 23.7 Presidential Election million eligible Latino voters, only an As examples from Florida, Texas, and estimated 12.5 million voted in 2012, Pennsylvania show, efforts at voter according to exit polls (Taylor et al. suppression in the 2012 presidential 2012). Furthermore, the largest wave election backfired. of voter suppression in decades was Like many Americans, I witnessed directed against voters of color, with the long lines at the polls caused by new tactics, like requiring stricter and cutbacks in the early voting period in more elusive forms of voter ID and Florida. And on Election Day in Mi- proof of citizenship, blatantly directed ami, I witnessed African American at Latino voters (NALEO Educational and Latino voters—there were few Fund 2012). As voting rights historian White voters at those polls—waiting J. Morgan Kousser summarized on 18 in extremely long lines. I heard the September 2012: “[T]oday’s voter ID stories of numerous voters of color and other such laws bear an eerie re- who had to pay a “time tax” to exer- semblance to the initial legal stages of cise their right to vote. the first disfranchisement [during the Facing unprecedented attempts to Jim Crow era]” (Kousser 2012). restrict their voting rights, voters of As discussed herein, the already color defied the odds by winning var- influential Latino electorate is ex- ious court cases that challenged dis- pected to double by 2030 (Taylor et criminatory photo identification vot- al. 2012). Unfortunately, we can only ing laws (Weiser and Norden 2012). expect voter suppression and increas- Intimidation tactics such as the Tea ing targeting of Latinos to worsen in Party’s “True the Vote” initiative (Shen

6 ■ LA GENTE UNIDA JAMÁS SERÁ VENCIDA

2012) threatened to deploy more than without casting their ballot, needing a million “poll watchers” on Election to leave either to go to work or to take Day (Mock 2012). African American care of their children. They waited ap- and Latino voters also faced Election proximately six to seven hours on each Day dysfunctions egregious enough of the days they tried to vote. If it were to cause U.S. President Barack Obama not for litigation permitting Miami- to allude to it in his election night ac- Dade County to hold one more day ceptance speech, stating: “We have to of early voting the day before Election fix that” (Froomkin 2012). Day, and if it were not for advocates Advancement Project, where I serve asking the county to let people vote in as the director of voter protection, the evening, this young couple would notes many relevant cases of individu- not have been able to vote in their first als waiting for hours to vote in Flori- U.S. presidential election. da. One example is Desilynn Victor, a Florida and other jurisdictions have 103-year-old Haitian American wom- not yet released their official turnout an, who waited in line for more than results at the precinct level, which four hours at her polling place at the is needed to determine the impact North Miami Public Library on 27 Oc- of dysfunctional voting procedures. tober 2012. This Saturday was the first However, preliminary data already day of the early voting period, which shows that Blacks and Latinos were had been shortened to eight days from disproportionately impacted by Flor- fourteen by Florida Republicans via a ida’s cuts in early voting days, which statue amended 1 July 2012 (Fla. Stat. created longer lines for voters, partic- §101.657, H.B. 1355). She went home ularly in Miami-Dade County, which to rest and, with the assistance of vot- has a majority Hispanic and Black ing rights advocates Carolyn Thomp- population (Herron and Smith 2013). son and Uzoma Nkwonta, returned to We cannot afford to be complacent vote to the cheers of hundreds of other as we wait for the election data to be voters still waiting in line. analyzed. During the 2012 election A young Cuban American couple cycle, new types of voter suppression attempting to vote for the first time were aimed more aggressively and stood in line on three separate days more directly at Latinos than in re- during early voting. Like many work- cent years. In addition to resorting to ing families, they came to vote with manipulation through redistricting, their young children. They needed to the latest wave of voter suppression vote on an early voting day due to an relied heavily on tactics reminiscent inability to get time off from work to of the literacy tests and poll taxes for vote on Election Day. Each time the which the 1965 Voting Rights Act couple attempted to vote, the lines (VRA) was enacted to redress. Tex- were so long that they had to leave as’s photo ID law, for example, was

Harvard Journal of Hispanic Policy | Volume 25 | 2013 ■ 7 COMMENTARY | CULLITON-GONZÁLEZ found to violate Section 5 of the VRA than 80 percent were voters of color because it would have made it more (Black, Asian, and Latino) (Compl. difficult for African Americans and Arcia v. Detzner 2012). Latinos to vote.i Similarly, Pennsylvania’s photo Changing Demographics identification law would have dis- and Attempts at Voting enfranchised nearly one million eligible voters who could not afford to Restrictions get the new, stricter form of ID, in- The backdrop to the 2012 election cluding more than 100,000 Puerto headlines was a narrative involving Ricans whose birth certificates were the role that “changing demograph- invalidated by the law (Applewhite v. ics” played in the national election. Pennsylvania 2012a). On 2 October, That role became clearly decisive at Pennsylvania’s identification law was the presidential level. On 7 Novem- finally found to violate the state con- ber, the Pew Research Center report- stitutional right to vote (Applewhite v. ed that: Pennsylvania 2012b). The minority groups that carried Presi- Also in 2012, Florida targeted Lati- dent Obama to victory yesterday by nos and other voters of color through giving him 80 percent of their votes are a new form of purge of their voting on track to become a majority of the na- rolls. Without favorable settlement of tion’s population by 2050. By 2050, the litigation under Section 2 of the VRA, Hispanic share of the U.S. population could be as high as 29 percent, up from naturalized citizens would have been 17 percent now. The black proportion forced to prove their citizenship in of the population is projected to rise ways more burdensome than native- slightly to 13 percent, while the Asian born citizens in order exercise their share is projected to increase to 9 per- right to vote. The majority of the more cent from its current 5 percent. Non- than 2,600 voters targeted by the 2012 Hispanic whites, 63 percent of the cur- Florida purges were Latino, and more rent population, will decrease to half or slightly less than half of the population i. A three-judge court found that: “un- by 2050. (Taylor and Cohn 2012) contested record evidence conclusively The Hispanic electorate is likely to shows that the implicit costs of obtaining SB 14-qualifying ID will fall most heavily double as the number of eligible Latino on the poor and that a disproportionately voters rises from the current 23.7 mil- high percentage of African Americans lion to more than 40 million by 2030 and Hispanics in Texas live in poverty.” (Taylor et al. 2012). This, however, will Texas v. Holder, Opinion Denying Texas’ only occur if the low rates of natural- Request for a Declaratory Judgment, No. ization and voter registration for Lati- 12-cv-128, 54 (D.D.C., Aug. 30, 2012). See nos, both of which lag behind that of also Order Entering Final Judgment, No. other groups, increase (Taylor et al. 12-128 (D.D.C., Dec. 17, 2012).

8 ■ LA GENTE UNIDA JAMÁS SERÁ VENCIDA

2012). Considering the power in num- influence has been due mostly to pop- bers that Latinos ought to enjoy and ulation growth (Taylor 2012). In fact, the overwhelming power of a majority Latino participation has been increas- of voters with interests in common, we ing since 2000 but only at a rate of 2.7 are seemingly on the cusp of massive percent between 2000 and 2008. In social change leading to fundamental 2012, Latinos continued to have lower political changes in this next genera- levels of voter participation relative to tion. But the forces of voter suppres- Blacks and Whites (Taylor et al. 2012). sion will not make it easy. As in 2012, The 2012 voter suppression strat- voter suppression directed at voters of egy failed. The courts blocked ten ma- color and even more at Latinos will jor voting laws, and turnout among only increase and become more per- Black and Latino voters as well as nicious in response to the increasing young people—groups targeted by potential of changing demographics. voter suppression initiatives—in- We will need to work very hard to creased. Congressional testimony fully realize the power of the people to described the rise of new voting re- ensure any semblance of fairness and strictions as the “largest legislative ef- inclusiveness in American politics. fort to rollback voting rights since the Exit polls from the 2012 national post-reconstruction era,” effectuating election demonstrate that the in- a trifecta of voter suppression: mak- fluence of Latinos is most power- ing it harder to register to vote, harder ful when in coalition with African to cast a ballot, and harder to have a Americans, whose turnout increased vote counted (U.S. Senate Committee despite the largest wave of voter sup- on the Judiciary 2011). pression tactics directed at voters of During the past two years, more color since the enactment of the 1965 than 180 restrictive voting bills were Voting Rights Act. Historically, due introduced in forty-one states, in- to numerous structural barriers, non- cluding voter identification restric- Hispanic Whites have always voted at tions, cutbacks to early voting, re- a higher rate than voters of color. But strictions on voter registration, proof on 28 December 2012, a Pew Research of citizenship requirements, and more Center study showed that, for the first (Weiser and Norden 2011). However, time, African Americans voted at a voter suppression backfired because higher rate than non-Hispanic Whites many of these restrictions were de- (Taylor 2012). African Americans feated either legislatively or through made up 12 percent of eligible vot- litigation under state constitutions or ers and 13 percent of the electorate. under Sections 2 or 5 of the Voting By contrast, Asian American and Pa- Rights Act. cific Islanders and American Latinos For voting rights advocates and our lagged behind, and their increasing partners, who are the leaders of com-

Harvard Journal of Hispanic Policy | Volume 25 | 2013 ■ 9 COMMENTARY | CULLITON-GONZÁLEZ munities of color brave enough to be- Later this year, the Supreme Court come plaintiffs and back our litigation will also hear an appeal by the State strategies with highly effective advo- of Arizona on whether it can require cacy and communications efforts, the additional proof of citizenship than results were thrilling and empower- that which is already clearly required ing. The narrative was changed. It has by federal law in order for citizens to become common knowledge that the register and vote. Perhaps most im- alleged in-person voter fraud, used to portantly, looking closely at Latino justify restrictions on voting rights, is turnout, which is influenced by struc- actually infinitesimal. In addition, the tural gaps in access to citizenship and attempted voting restrictions are now a related lack of interest in the current being seen as politically motivated political system and candidates, it is and designed to disparately impact clear that, despite the important role voters of color. We hope that the very Latino voters played in determining principles of American democracy the 2012 election, there is still much and the power of changing demo- work to be done. graphics will prevail. But as I write this commentary at The Next-Generation the start of January 2013, more photo Voting Rights Movement ID voting laws are being proposed in several states. Michigan has passed a Now is the time to expand and requirement for affirmation of citizen- strengthen the voting rights move- ship, some of the major legal victories ment to ensure that the foundation of 2012 on photo ID laws are being of our democracy does not shift back appealed in state and federal courts, to permanent disenfranchisement and the constitutionality of Section 5 through various forms of second-class of the Voting Rights Act—our coun- citizenship for people of color. 2013 is try’s most effective civil rights law—is the 150th anniversary of the Emanci- scheduled for oral argument on 27 pation Proclamation, which was fol- February in the Supreme Court. A lowed, by necessity, by the Fourteenth dozen states including Florida and Amendment, which guarantees birth- Colorado are still pursuing the power right citizenship and equal protec- to verify the status of naturalized citi- tion before the law, and the Fifteenth zens on their voting rolls through fed- Amendment, which prohibits racial eral immigration data, which the U.S. discrimination in voting. The 2012 Department of Homeland Security elections clearly demonstrate that the has agreed to turn over. Unsurpris- 1965 Voting Rights Act is still needed ingly, the majority of these natural- and that the Fourteenth and Fifteenth ized citizens are people of color (Ad- Amendments still need to be en- vancement Project 2012). forced. However, they also illustrate

10 ■ LA GENTE UNIDA JAMÁS SERÁ VENCIDA that there is a need for additional le- African Americans and Latinos was gal and advocacy tools to truly protect found. The people who waited in long voting rights and access to citizenship lines during early voting in Florida in the face of changing demographics. surely knew that if someone was will- The most important tools are at ing to go to so much trouble to make state and local levels, where an emerg- it more difficult for people of color to ing new voting rights movement can vote, then that vote was something be seen in the actions of members of worth fighting for. the Caribbean American community No matter what happens next, who waited for seven to eight hours changing demographics will be pow- to vote in Miami, the grassroots voter erful, not because of the numbers but registration workers across the coun- because of the power of the people. try who did not back down in the face It is from that base that together we of intimidation, and Latino and La- can build the next-generation vot- tina voters who had their citizenship ing rights movement needed to more challenged and who, despite living in fully realize the American dream. To mixed-status communities and feel- be effective, the movement must rec- ing fearful in this xenophobic climate, ognize the commonalities between went ahead and voted on behalf of and among communities of color as themselves, their children and their well as the differences. The movement future. They realize that voting is fun- must be more inclusive of Latinos, damental and that issues like immi- Asian Americans, and even mixed- gration, health care, and education all race families and communities in or- depend directly upon having political der to reflect the great legacy of the power, which is supposed to be exer- African American civil rights move- cised by votes and not by politicians ment and the new challenges and op- manipulating the rules to steal them. portunities presented. This can and In fact, how many of the shenani- should include recognizing that voter gans designed to suppress the Latino suppression is a form of racial dis- vote were due to fear, to not wanting crimination directed at all communi- immigrants to become citizens, or to ties of color, and moreover, that voter not wanting equal access to education, suppression also disproportionately all in the face of “changing demo- harms women, the elderly, and the graphics?” We have some clues in the poor, no matter what their race. proof of intentional discrimination found in the Texas voter ID litigation Recommendations last year, in the wildly exaggerated al- legations of noncitizens voting, and The methods used to create the strong in the numerous voting rights cases reaction to voter suppression by the where discriminatory impact against African American electorate during

Harvard Journal of Hispanic Policy | Volume 25 | 2013 ■ 11 COMMENTARY | CULLITON-GONZÁLEZ the 2012 elections should be careful- Only a little more than half of the ly considered for use by Latinos and country’s eligible Latinos voted in other communities of color as well as the 2012 presidential election, but it reinforced and strengthened in the does not have to stay this way. More African American community. This than 80 percent of the Puerto Rican means fighting back as strongly and population votes, but voter participa- vocally as possible against discrimi- tion drops precipitously when Puerto nation in voting rights and not simply Ricans move to the mainland (Culli- accepting that making it more difficult ton-González 2008). This shows that to vote is the new normal of Ameri- Latino voter participation could be can elections (Brazile and Crossley much higher than it is. African Amer- 2012). Furthermore, due to changing ican participation has been increasing demographics, any voting bloc in this steadily since 2000, probably due to country and especially other voters of a concerted effort among movement color need Latinos in order to move leaders to fight back against the tar- forward. As the 2012 voter suppres- geted election dysfunction the Black sion campaign was directed against community has seen since Florida all voters of color, there is clearly opin 2000 (Taylor 2012). For any com- portunity for a strong voting and civil munity, there is no reason for voting rights coalition to fight back against to be so difficult, no excuse for con- disenfranchisement. This coalition tinued discrimination in voting, and should include everyone targeted by no reason that rather than restrict- the 2012 voter suppression, including ing voting rights, our country can- women, who were also historically not instead work to increase access treated as second-class citizens and to voting. In many Latin American not permitted to vote. countries, elections are not held on a The elections of 2012 also dem- working day and the right to vote is onstrated that the next-generation valuably considered an obligation for voting rights movement must be every citizen. full-time, year-round, community- Our democracy and our nation will based, and much more powerful. All be strengthened by increasing access that power will be needed to fend off to citizenship rather than restricting continued and increasing attempts access to it. Measures such as multi- at suppressing our most fundamen- lingual access to election materials tal right: the right to vote. But more and expanded availability of voter importantly, the power of the people registration forms at naturalization is needed to create a next-generation ceremonies should be the norm as voting rights and racial justice move- they decrease barriers to voting for ment that is truly inclusive of the Latinos (Advancement Project 2012). growing diversity of our nation. Furthermore, measures such as same-

12 ■ LA GENTE UNIDA JAMÁS SERÁ VENCIDA day voter registration and expanded American citizenship: Latino voter dis- availability of early voting options enfranchisement in 2012. Advancement would address many of the dysfunc- Project Voter Protection Program. tions seen in the 2012 national elec- Applewhite v. Pennsylvania. 2012a. Apple- tions. Restrictive measures such as white v. Pennsylvania. No. 330 M.D. 2012 photo identification laws should be (Pa. Commw. Ct., May 1, 2012). opposed, and the informed public Applewhite v. Pennsylvania. 2012b. Apple- discussion showing that they are not white v. Pennsylvania, Supplemental De- needed must continue in mainstream termination on Application for Prelimi- nary Injunction (Pa. Commw. Ct., Oct. 2, as well as community-oriented media. 2012) (unreported Opinion). Moreover, the discussion of whether Brazile, Donna, and Will Crossley. 2012. naturalized citizens need to prove On Election Day, Republicans suffered themselves more than other citizens consequences of voter suppression strat- in order to register and vote should be egy. Huffington Post, November 13. made more public, and these barriers Compl. ¶ 26, Arcia v. Detzner. 2012. to voting should be denounced not Compl. ¶ 26, Arcia v. Detzner, 1:12-CV- only by the individuals affected, but 22282 (S.D. Fla. filed June 19, 2012). also by a broad spectrum of leaders. Culliton-González, Katherine. 2008. Time This issue parallels the overarching to revive Puerto Rican voting rights. Berke- discussions needed on immigration. ley La Raza Law Journal 19(27): 102-142. Without a path to citizenship, and Froomkin, Dan. 2012. Obama on long without equal access to citizenship, lines at polls: “We have to fix that.” Huff- the Emancipation Proclamation and ington Post, November 7. the Fourteenth and Fifteenth Amend- Herron, Michael C., and Daniel A. Smith. ments are empty promises. Our na- 2013. Early voting in Florida in the after- tion needs to see “changing demo- math of House Bill 1355. Unpublished graphics” as a great opportunity to draft, January 10. truly embrace every aspect of the Kousser, Morgan J. 2012. Protecting the American dream. This means that we right to vote. Los Angeles Times, Op-Ed, really are all equal and do all have an September 28. equally important voice in shaping King Jr., Martin Luther. 1967. It’s a dark our collective future. I hope that these day in our nation: Why I am opposed to are the headlines in 2013. the war in Vietnam. Sermon at the Ebene- zer Baptist Church, April 30. References Mock, Brentin. 2012. How the Tea Party’s building a “poll watcher” network for No- Adelmann, Bob. 2012. Election 2012: vember. Colorlines, August 23. Changing demographics. The New Ameri- NALEO Educational Fund. 2012. Latino can, November 13. voters at risk: The impact of restrictive Advancement Project. 2012. Segregating voting and registration measures on the

Harvard Journal of Hispanic Policy | Volume 25 | 2013 ■ 13 COMMENTARY | CULLITON-GONZÁLEZ nation’s fastest growing electorate. NA- ——— et al. 2012. An awakened giant: COMMENTARY LEO Educational Fund report. The Hispanic electorate is likely to double Pew Hispanic Center. 2012. Latino vot- by 2030. Washington, DC: Pew Hispanic ers in the 2012 election. Washington, DC: Research Center. Pew Research Center. U.S. Senate Committee on the Judiciary. Shen, Aviva. 2012. Tea Party group builds 2011. New state voting laws: Barriers “poll watcher” network to discourage to the ballot? Hearing Before the Senate voting, create false record of voter fraud. Committee on the Judiciary, Subcom- Think Progress Justice, August 28. mittee on the Constitution, Civil Rights and Human Rights, 112th Cong. 2, at 19 Taylor, Paul. 2012. The growing electoral (statement of Judith Browne-Dianis, Co- clout of Blacks is driven by turnout, not Director, Advancement Project). demographics. Washington, DC: Pew Re- search Center. Weiser, Wendy R., and Lawrence Norden. 2011. Voting law changes in 2012. Bren- ———, and D’Vera Cohn. 2012. A mile- nan Center for Justice at New York Uni- stone en route to a majority minority na- versity School of Law. tion. Washington, DC: Pew Research Center.

14 ■ COMMENTARY

STEM, SHOOTS, AND LEAVES Increasing Access of Underrepresented Groups to High-Quality, Career-Readying Science, Technology, Engineering and Mathematics Education

By Chelsea Martinez

Chelsea Martinez earned her PhD in bioorganic chemistry from the Univer- sity of Texas at Austin, where she synthesized tiny bio-inspired aromatic molecules that display interesting behavior in water. She graduated from Oberlin College with majors in biochemistry and chemistry and taught high school science and math from 2002 to 2004. Martinez spent one summer interning at the Los Angeles Times’s health desk, and while a Christine Mirzayan Science & Technology Policy Graduate Fellow, she worked on the National Academy of Engineering’s Changing the Conversation: From Research to Action workshop and Web site. From 2011 to 2012, she worked as a Congressional Hispanic Caucus Institute Graduate STEM Fellow at the White House Office of Science and Technology Policy. Martinez is currently a visiting assistant professor of chemistry back at her alma mater, Oberlin College. COMMENTARY | MARTINEZ

the STEM jobs gap, which persists despite a pool of overqualified can- abor projections indicate that didates. Even as experienced senior over the next decade, a gap of scientists languish looking for work, more than a million jobs requir- their particular salary or intellectual Ling science, technology, engineering, expectations are not ideal for these and math (STEM) skills will develop jobs. From the vantage of STEM aca- in the United States. A million more demics, there is an overproduction workers with STEM skills than our of STEM PhDs seeking to join their educational system is on track to pre- ranks, so it may seem that the pipeline pare will be needed (PCAST 2012). At is overflowing. But it is exactly this the same time, Latino youth will show focus on the top layer that distracts the greatest increase in college enroll- from the larger workforce problem. ment (39 percent) by 2017 (WHIEEH The middle-skill character of the 2011). However, evidence indicates jobs gap is a curse and a blessing. The that these students are less likely good news is that the majority of the than the average student to com- future’s unfilled jobs require more plete postsecondary STEM degrees than a high-school diploma but no (National Science Foundation 2012). more than a four-year degree; many This means that the “million-worker” currently underqualified job seekers STEM skills gap is likely an underesti- may be close to attaining the skills mate unless STEM education reform they need. This is fortunate because if can improve the experience of learn- the newly created jobs of the near fu- ing science for students in general and ture did require more advanced levels improve STEM degree completion of training, the nation would need to rates for Latino students in particular. build university capacity to make sig- News reports in 2012 presage this nificant progress in producing these jobs gap. Even as unemployment per- additional master’s or doctorate degree sists, certain industrial sectors pro- holders. The bad news is that produc- claim that they are seeking to fill well- ing these degrees is where most pres- paying jobs but cannot find sufficiently tigious institutions of higher learning qualified candidates. Some level of un- traditionally focus, to the detriment employment will always exist, but nar- of more incremental postsecondary rowing the gap in many high-skill la- education. Only five million (about bor sectors is feasible provided there is 3.5 percent) of U.S. jobs go to scientists an examination of what these so-called and engineers with STEM degrees; STEM-capable jobs require and what most STEM job growth over the next schools, employers, and governments decade will not be in “expert” univer- must do to make up the difference. sity teaching or government research. A visibility problem complicates About 30 percent of 2018 jobs will re-

16 ■ STEM, SHOOTS, AND LEAVES quire education only at the level of an greater ease as access to broadband associate’s degree or a technical train- Internet increases. For this reason, the ing certificate (National Science Foun- educational bar is being raised for the dation 2012; Carnevale et al. 2011). desk jobs and factory jobs of the twen- A greater diversity of women and ty-first century that do remain in the underrepresented minorities is still United States. Employers in America needed at expert levels, particularly expect value added from their Ameri- in engineering, computer science, and can employees to offset the higher cost the physical sciences. The greatest need of doing business close to home. in coming years will be for bachelor’s Numerous task forces have collect- or associate’s level STEM degrees. Fo- ed promising ideas for reforming the cusing efforts to produce more STEM postsecondary STEM experience. The degree holders at various incremental President’s Council of Advisors on levels will have the subsidiary effect of Science and Technology has suggested increasing the pool of adults who have that much of the expected STEM jobs the habit of mind to pursue additional gap could be filled by retaining stu- STEM degrees in the future. dents who are interested in STEM as high school students and are well-pre- The Importance of Post- pared for college, but nevertheless are lost to other majors in their first years secondary STEM of undergraduate studies (PCAST The employment sectors expected 2012). Unlike the “pull” away from to see the most growth are “STEM- STEM careers described by Anthony capable”—they require postsecond- Carnevale, director of Georgetown ary levels of math, biology, technol- University’s Center for Education and ogy, or engineering knowledge, even the Workforce, where individuals with though the day-to-day tasks of these STEM skills are eventually attracted jobs may only rely on these skills part to jobs that are “STEM-related” but of the time. For example, new jobs in pay more than “pure” STEM careers, health care will require facility with and his coauthors Nicole Smith and electronic health records and opera- Michelle Melton (2011), this under- tion of specialized biomedical equip- graduate drain of STEM-interested ment. In recent decades, the outsourc- students to other majors is often due ing of both service and manufacturing to a “push” to leave science and math jobs abroad has both eliminated jobs disciplines that students feel before and driven down wages for those that they have STEM skills in hand. remain stateside. Future manufactur- The council’s recommendation to ing jobs in the United States are likely retain these students is that under- to be highly technological, even as graduate coursework in STEM must white-collar work moves abroad with more closely resemble real scientific

Harvard Journal of Hispanic Policy | Volume 25 | 2013 ■ 17 COMMENTARY | MARTINEZ research and discovery. Less reliance have small classes than larger higher- on lectures or labs with no room for education institutions, and serve, at self-discovery of scientific principles is some point in their career, a majority more attractive to students, improves of American postsecondary students. mastery and retention of concepts, Forty-eight percent of all science and and is better training for the future. engineering bachelor’s degree holders Group work and experimentation attended some community college, will stimulate high achievers from all and women scientists and engineers backgrounds, but has also been shown are more likely to have attended a com- to improve outcomes for students munity college than their male coun- who are less well-prepared (Deslau- terparts, as are Hispanics and Native riers 2011), because a deconstructed Americans, indicating that strength- classroom allows for more parallel ening these schools might diversify the discovery than one in which questions STEM workforce more quickly (NC- and answers happen only between in- SES 2012). In addition, nearly 40 per- structor and the student who wins the cent of K-12 teachers began in com- hand-raising race. Retaining those munity college, and half of minority who are under-stimulated but well- K-12 educators graduate from minor- prepared is only one problem. More ity-serving institutions (MSIs), giving than half of students who enroll in all the more reason to strengthen these higher education have no degree eight programs (Patton 2006). years later; the degree completion rate Hispanic-serving institutions has been in decline as more and more (HSIs) are those where more than a students choose college, especially be- quarter of full-time students are His- cause most increased enrollment has panic. Unlike Historically Black Col- occurred at less competitive institu- leges and Universities, HSIs are not tions (Bound 2009). The Bill and Me- necessarily Hispanic-serving by de- linda Gates Foundation’s “Completion sign, and a school’s status can change by Design” is one effort to improve over time. Together with Tribal Col- completion rates. leges and Universities and institutions that serve large proportions of The Role of Community Asian American and Pacific Island- ers, these schools span a wide range of Colleges geographic locations, size, selectivity, Community colleges are well-posi- and degree offerings, including a large tioned to be hubs for STEM-capable percentage of two-year institutions. It degrees. They are geographically well- is disputed whether MSIs serve their dispersed, have a history of working students better than non-MSI institu- with local businesses and nontra- tions. Successful transfer to and de- ditional students, are more likely to gree completion at four-year schools,

18 ■ STEM, SHOOTS, AND LEAVES including HSIs, relies on a number of ter behind in STEM tracks, despite factors. Estela Mara Bensimon argues all of the school’s and student’s ef- that compared with the K-12 system, fort. Failing such a remedial course there are very few practitioners and is correlated with a higher chance of researchers of postsecondary student never completing a degree (PCAST success, though examples like Univer- 2012). Interventions such as summer sity of Arizona/Pima County Com- catch-up courses and even more in- munity College’s Futurebound, as self- formal emphasis and encouragement reported by participants, effectively of incoming students to treat incom- minimize transfer shock for women in ing placement exams as high-stakes STEM (Bensimon 2007; Reyes 2011). tests worth preparing for can reduce Less well-funded two-year schools are investment of school and student in less likely to have the funds to hire remedial work. such practitioners of student success, even though they have higher concen- A Shift in Teaching trations of “nontraditional” students Methods and are therefore the school sites where they are most needed. Compared to other disciplines, re- Unfortunately, community colleges search experiences in STEM fields simultaneously face larger challenges can be expensive for schools to offer in offering cutting-edge teaching in and appear competitive and inflexible STEM disciplines. The American In- to students and their schedules. Still, stitutes for Research estimates that while traditional lecture hours con- four billion dollars are spent each year tinue to account for a large portion of on first-year community college stu- a STEM degree, the more hands-on dents who drop out (Schneider and training an undergraduate student re- Yin 2011). A large source of discour- ceives in his or her discipline, the bet- agement is placement in a remedial ter prepared the student will be. How- math or writing course. Community ever, STEM lessons and activities can college students are more likely to be hands-on without being thought- require remedial math coursework provoking, which is why many calls for (almost 60 percent) than students at reform argue for increasing student ac- more competitive four-year schools cess to “authentic research experienc- (25 percent) (Dowd 2011). These es” (e.g., open-ended projects that are courses absorb school classroom appropriate for students but still give and instructor resources but are not them real scientific questions to solve). usually credit-bearing, so even the Most schools have adopted the best-case scenario, where the student traditional laboratory coursework as completes a remedial course the first a matter of scale, limited resources, time, still leaves him or her a semes- and a desire for modularity. This

Harvard Journal of Hispanic Policy | Volume 25 | 2013 ■ 19 COMMENTARY | MARTINEZ coursework is as unlikely to attract at minority-serving institutions that and develop curious problem solvers lack resources (equipment, support to science or engineering research as staff, collaborator network, institu- color-by-numbers would attract and tional knowledge, etc.) enjoyed by develop young artists to painting. It is colleagues at elite institutions. This crucial that students gain exposure to lack of capacity inhibits their ability the physical setting and collaborative to offer high-quality education. environment of technical workplaces, Most STEM faculty use traditional including informed attitudes toward teaching methods. Investing time in safety and risk management that are following educational research is a difficult to internalize when presented luxury that many do not have time for. in a lecture, discussion, or even a con- Younger, untenured faculty who may trolled “cookbook” style lab course. be interested in evidence-based meth- On average, particularly in the ods are not rewarded for devoting time physical sciences, computing, and to teaching, even if they demonstrate engineering, academic institutions improved outcomes for students. One do not prepare minority and female solution is for higher education ad- students as well as they do White and ministrations to increase visibility of Asian students (National Academy of evidence-based coursework already Sciences 2010). This is an ugly truth occurring as well as reward faculty for those scientists who hold a ratio- for their enhanced service to students nal, meritocratic image of science in through funding or recognition that is their head: the notion that a good sci- considered in tenure decisions. entist will succeed regardless of his or Nationally, only 63 percent of La- her background because this success tino students complete high school does not rely on subjective interper- on time, and although this percentage sonal or business negotiations that is increasing, Latinos have the lowest can be tainted by human prejudice. educational attainment level of any A recent study of the National Insti- group in the United States (WHIEEH tutes of Health grant award process 2011; Education Week 2012). Never- confirms that the infrastructure of theless, there has been tremendous science is just as subject to implicit growth in degree attainment for La- bias (Ginther et al. 2011); African tinos: a sixty-four percent increase American researchers were over- in non-STEM degrees from 1998 to represented in the rejected pool and 2007, but only a fifty percent increase less likely to reapply for funding even in STEM (Dowd et al. 2010), with though the reject-and-reapply pro- lower numbers still in the “hard” (nat- cess is recognized by seasoned re- ural, physical, or computer) sciences, searchers as a viable strategy toward math, and engineering. This individ- funding. These researchers often work ual non-STEM/STEM gap is recapitu-

20 ■ STEM, SHOOTS, AND LEAVES lated in degrees awarded by Hispanic- African American and Hispanic stu- serving institutions: 40 percent of all dents self-report greater engagement Latino bachelor’s degrees are awarded in their college experience than their by HSIs, but these schools award peers, including greater personal, so- only 20 percent of STEM bachelor’s cial, and academic gain, at both four- degrees; that is, HSIs do a relatively year and two-year schools (Greene et worse job at retaining their Latino al. 2008). Institutionalizing “student students in STEM majors than other success” courses for credit could re- majors (Dowd et al. 2010). Some ward these students for their efforts. interventions and experiences that Hands-on coursework, internships, motivate students to complete STEM and the like may help these students degrees may be out of reach for these because the environment in which schools due to lack of resources or they invest energy acclimatizing to is expertise, so building STEM research closer to that of a real-world job envi- and teaching capacity at schools may ronment that part-time students may improve these numbers. actually be more comfortable in. Interestingly, African American There is some evidence that edu- and Hispanic students, who are sorely cators who teach non-major courses underrepresented in all STEM fields are already more flexible in their other than the social sciences, have teaching methods. Only two-thirds been found to express interest in these of arithmetic courses used alterna- fields at comparable, if not higher tives to lectures, while anywhere from rates as White and Asian students. four-fifths to nine-tenths of calculus Data from the University of Califor- and differential equations courses did nia at Los Angeles’s Higher Education (Bragg 2011). Programs like CRAFTY Research Institute show virtual parity (Curriculum Renewal Across the between underrepresented minori- First Two Years) and Quantway and ties and White and Asian students Statway are building curricula and entering four-year schools in their tools to disseminate more nontra- intention to major in a STEM field ditional practices and more integra- since 2008. Alicia C. Dowd, Lindsey tive, problems-based topics widely. E. Malcom, and Estela Mara Bensi- Greater access to hands-on courses mon (2009) marked Latino intent to may help to recapture students with major in STEM at 36 percent. In fact, spatial reasoning strengths who in the this level of interest on the part of un- past gravitated toward manufactur- derrepresented students is consistent ing or trade school but may no longer if not higher than that of their peers have access to such specialized tech- dating back to the mid-1980s (Na- nical courses (National Science Board tional Academy of Sciences 2010). 2010). These students would benefit Some studies have also found that from teachers who have experience

Harvard Journal of Hispanic Policy | Volume 25 | 2013 ■ 21 COMMENTARY | MARTINEZ in industry or otherwise know how to teachers who look like them and who recognize potential in students who are experienced teachers with STEM may not have excelled or delighted in degrees, which are scarcer in high- STEM courses before. poverty schools with higher turnover Currently, many workers who are (Ingersoll and May 2011). Credential employed in STEM-capable jobs, par- programs that recruit diverse student ticularly those in non-engineering populations to teaching degrees, es- majors, arrive in such positions af- pecially those that allow concurrent ter completing STEM degrees whose pursuit of STEM degrees, can im- coursework is not particularly tailored prove these statistics, as can legisla- to the tasks. While this well-rounded, tion that requires “comparability” in liberal arts approach to career prepara- access to high-quality teaching at the tion is time-honored at the bachelor’s school, rather than district, level. level, it may not be appropriate for As discussed earlier, there is, over- students who want very specialized all, no shortage of STEM PhDs. How- training for careers near where they are ever, depending on the field, women already living, working, and studying. and minority groups are underrepre- Ideally, these specialized certificates or sented to various degrees. It is worth associate’s degrees should, when pos- considering factors that dissuade sible, allow workers to reenter institu- students with high interest and high tions at a later date to pursue addi- preparedness from seeking advanced tional degrees. Allowing STEM degree STEM degrees. Even if students en- holders to more incrementally accrue gage with the material, they may take credentials on a need-to-know basis is away (inaccurate) lessons from aca- ultimately good for the economy and demia about what working in STEM for individuals, as it minimizes excess is like. Oftentimes the argument is course demand that is not relevant. But made that minority students seek pro- more work must be done to build con- fessionals who “look” like them, but nections and validate that courses can research (Carnevale et al. 2011), as serve dual purposes of career prepa- well as other findings about the effec- ration and fundamental knowledge- tiveness of mentors, gives credence to building necessary for future schooling. the notion that they also need STEM role models who share their values. A Focus on Underrepre- Exposure to professionals through internships, mentorships, or speakers’ sented Minorities series can provide students with a vi- Combined, Blacks and Hispanics sion of their future and prevent them made up only 70 percent of K-12 from selecting out of STEM environ- teachers in 2008. Black and Hispanic ments when the academic culture is students are less likely both to have not inviting (Packard 2011).

22 ■ STEM, SHOOTS, AND LEAVES

The desire to stay out of debt moti- References vates student populations differently. For example, among STEM bachelor’s Bensimon, Estela Mara. 2007. The un- derestimated significance of practitioner degree holders, Hispanics were more knowledge in scholarship on student severely deterred by their student success. The Review of Higher Education loan debt than others (Dowd 2011). 30(4): 441-469. While it is unreasonable to suggest Bound, John, Michael Lovenheim, and that graduate stipends should try to Sarah Turner. 2009. Why have college compete with salaried jobs in terms completion rates declined? An analysis of of dollars, schools can combat the changing student preparation and colle- risk aversion of underrepresented giate resources. Cambridge, MA: National students by guaranteeing placement Bureau of Economic Statistics. as either a teaching or research assis- Bragg, Debra D. 2011. Two-year college tant during graduate school, offering mathematics and student progression in at least the consistency of a “real job.” STEM programs of study. Commissioned Highlighting the recent extension of Paper: Summit on Community Colleges in the Evolving STEM Education Landscape. income-based repayment of student loans more broadly to careers in pub- Carnevale, Anthony P., Nicole Smith, and lic service, including STEM-capable Michelle Melton. 2011. STEM: Science, technology, engineering, mathematics. public service, can also decrease the Washington, DC: Center on Education and fear that investing in STEM higher the Workforce, Georgetown University. education doesn’t pay. Deslauriers, Louis, Ellen Schelew, and Classroom, department, and insti- Carl Wieman. 2011. Improved learning in tutional policies that require students a large-enrollment physics class. Science to opt out of interventions can nudge 332(6031): 862-864. greater participation in programs that Dowd, Alicia C. 2011. Developing sup- improve student success. Requiring portive STEM community college to four- attendance, contacting students who year college and university transfer eco- fail first exams, and providing stu- systems. Commissioned paper: Summit dents with near-real-time data about on Community Colleges in the Evolving their progress can prevent surprises STEM Education Landscape. or disappointment. At the institution- ———, Lindsey E. Malcom, and Estela al level, schools can reach out to stu- Mara Bensimon. 2009. Benchmarking dents who are close to graduation but, the success of Latina and Latino students for whatever reason, have dropped in STEM to achieve national graduation goals. Los Angeles: University of Southern out. This is one of the easiest ways to California. make good on the investment—by ——— the public with education funds and , Lindsey E. Malcom, and Elsa E. Macias. 2010. Improving transfer access by the student with their time, money, to STEM bachelor’s degrees at Hispanic and effort—already made. serving institutions through the America

Harvard Journal of Hispanic Policy | Volume 25 | 2013 ■ 23 COMMENTARY | MARTINEZ

COMPETES act. Los Angeles: University National Science Board. 2010. Preparing of Southern California. the next generation of STEM innovators: Education Week. 2012. Trailing behind, Identifying and developing our nation’s moving forward: Latino students in U.S. human capital. Washington, DC: Com- schools. Special supplement to Education mittee on Education and Human Re- Week’s Diplomas Count 2012. Editorial sources, National Science Board. Projects in Education 31(34). National Science Foundation. 2012. Sci- Ginther, Donna K. et al. 2011. Race, eth- ence and engineering indicators 2012. nicity, and NIH research awards. Science Washington, DC: National Science Board. 333(6045): 1015-1019. Packard, Becky Wai-Ling. 2011. Effective Greene, Thomas G., C. Nathan Marti, and outreach, recruitment, and mentoring Kay McClenney. 2008. The effort-outcome into STEM pathways: Strengthening part- gap: Differences for African American nerships with community colleges. Com- students and Hispanic community college missioned paper: Summit on Community students in student engagement and aca- Colleges in the Evolving STEM Education demic achievement. The Journal of Higher Landscape. Education 79(5): 513-539. Patton, Madeline. 2006. Teaching by Ingersoll, Richard, and Henry May. 2011. choice: Cultivating exemplary community Recruitment, retention and the minority college STEM faculty. Washington, DC: teacher shortage. Consortium for Policy Community College Press. Research in Education. CPRE Research President’s Council of Advisors on Sci- Report #RR-69. ence and Technology (PCAST). 2012. National Academy of Sciences, National Report to the president: Engage to excel: Academy of Engineering, and Institute of Producing one million additional college Medicine. 2010. Expanding underrepre- graduates with degrees in science, tech- sented minority participation: America’s nology, engineering, and mathematics. science and technology talent at the cross- Washington, DC: Executive Office of the roads. Committee on Underrepresented President. Groups and the Expansion of the Science Reyes, Marie-Elena. 2011. Unique chal- and Engineering Workforce Pipeline; lenges for women of color in STEM Committee on Science, Engineering, and transferring from community colleges to Public Policy; Policy and Global Affairs; universities. Harvard Educational Review National Academy of Sciences; National 81(2): 241-263. Academy of Engineering; and Institute of Schneider, Mark, and Lu Yin. 2011. The Medicine. hidden costs of community colleges. National Center for Science and Engi- Washington, DC: American Institutes for neering Statistics (NCSES). 2012. Charac- Research. teristics of recent science and engineering White House Initiative on Educational Ex- graduates: 2008. Detailed statistical tables, cellence for Hispanics (WHIEEH). 2011. NSF 12-328. National Center for Science Winning the future: Improving education and Engineering Statistics, National Sci- for the Latino community. Washington, ence Foundation. DC: U.S. Department of Education.

24 ■ ART CONTENT

DANIEL GONZÁLEZ

Daniel González is a printmaker and graphic artist based out of Los Angeles. Working in the same tradition as Mexican masters José Guadalupe Posada and Leopoldo Mendez, he offers a contemporary graphic testimony of the world and the issues that surround him. Much of his imagery is drawn from his family’s narratives and histories, which he has collected from his parents and grandparents living in Teul, Zacatecas. He makes parallels between old stories and current issues such as politics, social inequality, and identity. Currently, he has completed a large public art commission for Metro Los Angeles’ Expo Line La Cienega Station. He is currently completing his undergraduate studies at UCLA.

Harvard Journal of Hispanic Policy | Volume 25 | 2013 ■ 25 ART | GONZÁLEZ SPECIAL CONTENT

Daniel González, A Struggle for Every Generation, 2012, linoleum cut printed on paper, 8” x 10”.

26 ■ SPECIAL CONTENT

ANATOMY OF A COMMUNITY’S COMING OF AGE

By Henry A. J. Ramos

Henry A. J. Ramos is a 1985 Master in Public Administration graduate of the John F. Kennedy School of Government at Harvard University and founding editor of the Harvard Journal of Hispanic Policy. He currently serves as a gubernatorial appointee on the California Community Colleges Board of Governors.

hen I founded the Harvard Journal of Hispanic Policy in the mid- 1980s, Hispanic America was a largely unknown and underappreci- ated force on the American political landscape. Some demographers Wwere beginning to note that our growth trajectory across the nation was poten- tially game changing, but the vast majority of American policy makers, opinion leaders, and the broader public was mostly ignorant of our impending national significance. At that time, Latinos (then only 6 percent of the national population, compared to more than 16 percent now) were mainly concentrated in a handful of cities and states and largely seen as a population of non-English speaking immigrants. Positive media representations of Latinos were almost nonexistent, and there were few policy leaders with a Hispanic background or expertise in national policy-making circles. In effect, the U.S. Latino community was neither SPECIAL CONTENT | RAMOS positioned as nor seen to be a major forgotten and marginalized minority factor in American public life. to an essential swing voting bloc in Now, a generation later, the nation the nation’s most important elections. is waking up to the reality that, look- Hispanic Americans still have a ing to the future, as Latinos go, so long way to go to achieve political, goes our nation. Indeed, after a long economic, and social equality. To wait dating back to the founding of be sure, Hispanic school comple- the United States and its extension tion rates are still too low, and Latino westward, our community has finally health and economic mobility income of age. dices remain disturbing in the early One part of the equation is the La- twenty-first century. Anti-immigrant tino population’s rapid growth in re- sentiment and related hate crimes di- cent years and the projection of even rected mainly at Latinos also remain greater numerical increases and geo- significant concerns. Political repre- graphic dispersion of our population sentation of Latinos in policy-making in the years to come. By 2050, Latinos fields, though increasing steadily, are expected to make up fully one- continues to be too low. Despite these quarter of the national population. lingering realities, no one can doubt As important as our raw numbers that Latinos are suddenly a large fac- are, however, so is our community’s tor in our national life and that we are growing prevalence in virtually all making remarkable progress. corners of the nation, especially in the The implications of these develop- states most influential in presidential ments are huge. They mean that, one elections: California, Florida, Illinois, day soon, America will elect a Latino New York, and Texas. president. They mean that, one day As recently failed Republican in the not-too-distant future, more presidential candidate Mitt Romney and more influential states across learned, and the nation with him, it is the land will elect Hispanic gover- no longer possible for any presidential nors, U.S. senators, mayors, and other hopeful of either party to be elected high-ranking policy officials. As all of without winning the majority of these these changes occur, Latino men and states; and it is no longer possible to women will have the opportunity for win any of these key electoral states the first time in U.S. history to affect without the support of a majority of the major policies that will define the Latino voters. As we also saw in 2012, American future. this trend is increasingly characteris- Our emergence as a political force tic of major senatorial and statewide across the land is not merely a prod- campaigns for office. uct of our growing numbers and reach In essence, within a single genera- as a community. It is also a result of tion, Latinos have gone from being a the significant gains we have made in

28 ■ ANATOMY OF A COMMUNITY’S COMING OF AGE

Henry A. J. Ramos, Justice Has No Borders, 2005, acrylics and collage, 24” x 27”. recent decades in creating essential organizations—ranging from anchor mediating institutions that have lev- civil rights networks like the National eraged our talents and perspectives in Council of La Raza to business and fields ranging from law and the media professional groups like Hispanics in to education and philanthropy. Philanthropy, the New America Al- Latino organizations in these and liance, and the National Association other fields have provided a platform of Latino Elected and Appointed Of- for our community to develop effec- ficials—have increasingly helped to tive leaders, to build community as- mainstream our political identity and sets, and to gain voice in state and interests just as Jewish American, national political discourse. These African American, Asian American,

Harvard Journal of Hispanic Policy | Volume 25 | 2013 ■ 29 SPECIAL CONTENT | RAMOS women’s, and lesbian, gay, bisexual, world’s future. Finally, and perhaps and transgender anchor institutions most importantly, the journal has cre- have helped give those important and ated an increasingly important space historically excluded groups an ac- for the development of the ideas and cepted place in policy making and in perspectives of both established and other centers of national life. emerging thought leaders concerned At each step of our journey to about the future of Hispanic America gain national political standing and and its role in advancing the Ameri- a modicum of power, we have also can Dream. made strides to access positions his- The culmination of these devel- torically off limits to us. We have ef- opments, coupled with our robust fectively fought for a place at the table population growth of recent years, in corporate America. We have made has helped to redefine what it means important contributions to the Amer- to be an American at the outset of ican military. We have increasingly the twenty-first century. All of this succeeded in the worlds of sports and progress did not happen as part of a entertainment. We have developed well-orchestrated plan of action by strategically significant intellectual our community leaders, nor as an leadership through our achievements accomplishment preordained by his- in organized philanthropy, journal- tory. Rather, our entrance into popu- ism, and higher education. lar culture and high-level politics has In this final connection, the Har- resulted from important sacrifices by vard Journal of Hispanic Policy has uncounted individuals and groups of played an important role. The jour- Hispanic heritage acting on indepen- nal has provided us with a platform dent but ultimately reinforcing tracks for community leadership exchange all across the land over many years. and self-expression at the institution The happy coincidence of all these ef- of higher learning that many people forts coming together now means that across our nation and abroad con- Latinos and Latinas of the future will sider to be America’s premier center have the opportunity to participate of academic and intellectual pursuit. in American civic culture in ways we It has enabled Latino faculty, staff, never have before, which is to say in and students within the prestigious ways that are finally strategic, con- Harvard community to find and work nected, and impactful. with one another in ways that have Had we not developed institutional been unprecedented and increasingly presence and capacity such as that re- advantageous both to our commu- flected in the evolution of our anchor nity’s and Harvard’s quest to better law and social justice organizations, represent new and emerging groups our business associations, our jour- that will shape the nation’s and the nalistic and media networks, and our

30 ■ ANATOMY OF A COMMUNITY’S COMING OF AGE philanthropic and educational part- ture all around us reinforce what we nerships, we would not, indeed could surmised all those years ago. Namely, not, have come so far so fast. Latinos across the United States are The Harvard Journal of Hispanic destined to help lead our nation to Policy, now more than twenty-five the better future that awaits us all—a years in circulation, is a particularly future that is more inclusive and fair, important barometer of our prog- more dynamic, and more successful ress as Americans in the context of in achieving America’s democratic community institution building and promise than ever before. empowerment. In its early iterations, the journal was a bellwether of things to come, of talent still to be tapped and developed, of a community still searching for relevance and place. Today however, the journal is poised to serve a higher purpose. It is instead situated to provide an essential pathway to leadership development, public policy engagement, and intellectual progress that is beneficial not only to Hispanic Americans, but also to Americans of all backgrounds who care about our nation’s future. Our great opportunity now as a community of common interest and destiny is to contribute to the next generation of American progress and justice and to show that, despite continuing anti-Latino sentiment in too many places, we Latinos are in fact net givers rather than takers. We are an essential source of American solu- tions rather than merely producers of complex and thorny problems. This is precisely the position we envisioned when the journal’s small founding staff convened to take up its development. Back then, few could truly appreciate our vision. Today, though, history and the unfolding fu-

Harvard Journal of Hispanic Policy | Volume 25 | 2013 ■ 31 ART CONTENT

RAY ROSARIO

My pursuit to better the world with my gift is a direct response to needs and changes that our society has imposed upon my life. As our world approaches a technological height, we need to recognize our purpose and value all of life, both human and organic. As humans beings, there are many commonalities that we share regardless of race, ethnicity, or color. We are living with a void in our hearts because we are lacking love—love for our surroundings, love for life, and most importantly, love for ourselves. Without self-love we cannot give love of any form.

32 ■ ART | ROSARIO ART CONTENT

Ray Rosario, Infusion, 2001, mixed media on threaded fiber paper, 64” x 51”

Harvard Journal of Hispanic Policy | Volume 25 | 2013 ■ 33 ART | ROSARIO SPECIAL CONTENT

Ray Rosario, Freedom Battle, date unknown, mixed media on threaded fiber paper, 40” x 55”.

34 ■ SPECIAL CONTENT

BORDERLANDS U.S.-Mexican Border Policy in Pictures

By Maria Davydenko

Maria Davydenko is a 2013 Master in Public Policy candidate at the John F. Kennedy School of Government at Harvard University. She is also a Pickering Under- graduate Foreign Affairs Fellow.

n May 2012, eleven students of the John F. Kennedy School of Government at Harvard University visited El Paso, Texas, and Ciudad Juárez, Mexico, as part of a Leadership Service Seminar (LSS) program sponsored by the Center Ifor Public Leadership at the Harvard Kennedy School and the offices of the Aca- demic Dean and the Dean of Students.

Foreword “La biblia es la verdad. L e e l a .” The words, meaning “The Bible is the truth. Read it,” jumped out at us from the mountainside as our van sped toward El Paso. In the days that followed, we explored the U.S.-Mexican border from what seemed like every angle. We drove up to the fence with U.S. Border Patrol agents who told us of the most creative attempts at circumvention, quipping that a forty-foot fence could always be scaled by a forty-one-foot ladder. We looked past officials to SPECIAL CONTENT | DAVYDENKO impacted communities as we toured government has contributed $1.6 bil- the Otero County Processing Center, lion toward training security person- which houses migrants awaiting trial nel, fighting corruption, and bolster- for illegal entry into the United States, ing Mexico’s nonmilitary police force. and attended the immigration hear- Critics of the initiative say it throws ing of a gentleman who wanted des- money at the symptoms instead of perately to stay in the United States to tackling the underlying causes. A take care of his sick wife, an American number of the stakeholders in El Paso citizen. We also spoke with advocates were frustrated with the initiative, be- at the Las Americas Immigrant Advo- lieving it funneled money directly to cacy Center. Perhaps most challeng- “the wrong guys” or corrupt govern- ing, however, was the trip across the ment officials. The Centro’s employ- border into Juarez. ees described again and again how Separated from El Paso by the Rio government policy, both Mexican Grande and a swath of maquilas (pro- and American, had failed Juarenses duction plants), the streets of Juarez (residents of Juarez). We found our- seemed strangely ordinary save for selves doubting the toolkit of policy the constant patrol of government analysis (statistics, economics, ethics, troops. In one of the most dangerous and management) we had come to the cities on earth, the Centro de Dere- Kennedy School to acquire. chos Humanos Paso del Norte, A.C. It was a week of questioning as- (Center for Human Rights) greeted sumptions and confronting the ten- us with unparalleled hospitality and sions of the border policy debate warmth. But with the kindness came head-on. We thought Border Patrol pushback, skepticism at the true aims agents would be terse and apathetic, of the Mérida Initiative, and a general but they told us stories of finding suspicion toward government, inevi- water jugs for border jumpers in the table in a city overrun by the military, desert and looking the other way. bloody cartel battles, and a string of We expected the border to be a tall, limited but infamous femicides, a steely monolith, but in the city center term used to describe the murders of it was demarcated by a simple chain- women and girls. link fence, and out in the desert west The Mérida Initiative is a security of El Paso, by nothing at all. We chat- cooperation agreement jointly im- ted and played with Juarense children plemented by the United States and through the chain links one after- Mexico in 2008 to fight drug traffick- noon, a lighthearted moment that left ing and other kinds of transnational us unsure of what to feel afterward. organized crime. Shared responsibili- Our experience on the border was ty is a key theme surrounding the leg- intimately tied to its people. After islation. Under the initiative, the U.S. every encounter, we came home to

36 ■ BORDERLANDS

Annunciation House, a nonprofit ity as policy makers and to have the that provides shelter to migrants af- courage and persistence to take action ter they cross the border into El Paso, anyway. which graciously hosted us. We were at first regarded tentatively, even with amusement. But over time, A-House residents opened up to us with their stories. They came from all across Central America, even from Somalia. We made it our mission to amplify their stories and voices in our meetings with government officials and at the Kennedy School upon our return. Our meetings with public servants—whether Border Patrol agents, U.S. Drug Enforcement Administra- tion agents, the U.S. Immigration and Customs Enforcement Chief Counsel Elias Gastelo, or John Cook, the El Paso mayor—helped us see that progress was slow but possible. At the office of then U.S. Congressman Silvestre Reyes, we met with staffers who were well acquainted with the complex web of stakeholders we were just beginning to discover. The El Paso Sector, as Border Patrol calls this 268-mile stretch of the border, is the confluence of two states—Arizona and Texas—as well as two countries, with both federal and local jurisdictions. The issues surrounding this physical and regulatory barrier are inextricably linked: traffick- ing in drugs, arms, and humans; cartel violence; migration; the North Ameri- can Free Trade Agreement; and the maquilas. These linkages breed com- plexity, but the greatest takeaway for the participants of 2012 LSS program was the need to embrace that complex-

Harvard Journal of Hispanic Policy | Volume 25 | 2013 ■ 37 PHOTO ESSAY by Maria Davydenko, Octavio González, and Victoria Rietig

“La biblia es la verdad . . .”

38 ■ Seeing the border through Border Patrol’s eyes.

“Before we can talk about co- responsibility on the border issue, we have to address responsibility. Even with the Mérida Initiative, neither the U.S. nor Mexico is there yet.”

—John Hoag, MPP 2013

Harvard Journal of Hispanic Policy | Volume 25 | 2013 ■ 39 View from outside Otero County Processing Center.

Where El Paso meets Juarez.

40 ■ The border from the Juarez side.

“Co-responsibility at the border means not only governments taking responsibility, but the people of Mexico and the United States taking responsibility at every level.” — Anya Malkov, MPP 2013

Harvard Journal of Hispanic Policy | Volume 25 | 2013 ■ 41 On the factory floor at themaquila.

“It is clear in speaking with the people from the Centro in Juarez that they believe that the Mexican government is truly corrupt. I had a really powerful conversation with a gentleman in El Paso. He said to me, ‘Problems have been building up over decades to put Mexico in its current position with the violence, drug war, and corruption. The policies being implemented right now are trying to solve those problems in just a few years, and they are trying to do it with bullets.’ His words stay with me. Democracy in Mexico is being tested right now by the culture of corruption. It is affecting everything—it is affecting us.” — Alberto González, Jr., MPP 2013

42 ■ Meeting the activists at Centro de los Derechos Humanos in El Paso Norte, Juarez.

Harvard Journal of Hispanic Policy | Volume 25 | 2013 ■ 43 Group picture at the border.

The border west of El Paso.

44 ■ “We’ve seen how poor education ties to drug use, how higher drug use feeds cartels, how cartels feed violence, and how that violence feeds migration patterns. We see all these links, but we need to get past the negative feedback loops to cycles that can create ameliorative processes.” — Loren Gary, associate director, Center for Public Leadership

An unexpected encounter.

Harvard Journal of Hispanic Policy | Volume 25 | 2013 ■ 45 View from the top of Annunciation House.

Our first meeting with Annunciation House staff to talk Borderlands 101.

46 ■ Jeanette Acosta (MPP 2012) and Salmon Hussein (MPP 2013) speak with the ICE Chief Counsel, Elias Gastelo.

“A web of government stakeholders touches this issue at every level. But this web is not as connected as I thought. Hearing about the lack of communication between the El Paso mayor’s office and the ICE team—and others—has made me realize there are still many gaps. There are a lot of people heavily invested in helping immigrant communities, but government actors are not as closely connected as I expected.”

— Jeanette Acosta, MPP 2012

Harvard Journal of Hispanic Policy | Volume 25 | 2013 ■ 47 Parting serenade from Mayor of El Paso, John Cook.

“Talking to the mayor was heartening. It reminded me that there are officials out there with two things going for them: they are in touch with their constituents and know what is happening in their community but knowl- edgeable and eloquent enough about politics to be good representatives of their constituents on a higher political level.” — Victoria Rietig, MPP 2013

48 ■ FEATURE ARTICLE

WHEN ENGLISH IS NOT ENOUGH Escamilla v. Cuello by Donathan L. Brown

Donathan L. Brown is assistant professor and editor of the Journal of Race and Policy at Ithaca College. Brown conducts research at the intersection of race, rhetoric, and public policy, particularly pertaining to African Americans and Latinos. Most recently, his research on the English-only movement and Latino politics in America was presented at the University of Maribor (Slovenia) in conjunction with the World Debate Institute and published in the book Domestic Policy Discourse in the U.S. and the U.K. in the ‘New World Order.’ Other research has appeared in the Journal of Race and Pol- icy, The International Journal of Discrimination and the Law, Communication Law Review, Studies in Ethnicity and Nationalism, the Widener Journal of Law, Econom- ics & Race, The Closed Border: An Encyclopedia of Anti-Immigration Sentiment in the United States, Counterterrorism: From the Cold War to the War on Terror, and the Routledge Companion to Race and Ethnicity. FEATURE ARTICLE | BROWN

heard in reference to the divided state of American politics), the pas- Abstract sage of controversial state-level im- Shifting global demographics produce migration enforcement laws, a lack ongoing political discourse on immi- of congressional coordination over gration. In the United States, history immigration reform, and a weaken- continues to repeat itself through the ing economy amount to a perfect forged rhetorical relationship be- storm. The current political atmo- tween individuals who speak English sphere surrounding language and and individuals who are considered cultural assimilation (Edwards 2009) “American.” As the debate over im- is akin to earlier American political migration reform intensifies, so do ef- campaigns concerned about the “Ger- forts to regulate/restrict all languages man threat” (Brown 2011). Concerns deemed “foreign.” In Arizona, both over American authenticity, especially officeholders and seekers who do not amidst times of war and shifting na- read, write, speak, and understand tional demographics, continue to give English “sufficiently well” risk hav- way to questionable articulations of ing their candidacy revoked. This was American national identity (Hunting- the case with Alejandrina Cabrera, a ton 2005, Tancredo 2006). Forever former city council candidate in the preoccupied with articulating what southern Arizona border city of San it means to be American, lawmakers Luis. This article argues that the po- attempt to justify “common tongue” litical history of Arizona, as it pertains (Brown 2010) interpretations of who to matters of an English-only society, is and who is not American. has historically operated within the It is unclear whether an intensified restricted parameters of a paranoid quest to define and articulate Ameri- style with the Cabrera case illustrating can commonality has been assisted by its modern metamorphosis. means of official language laws. Our efforts to “unify” the nation have resulted in the passage of official language laws in twenty-nine states, with Oklahoma being the most recent in s racial and ethnic demo- 2010. With the supposed sociopo- graphics continue to shift litical and economic implications of in the United States, so do a growing Latino demographic loom- Amounting so-called concerns over ing, which include speculations over how best to preserve American tra- the loss of “core” American values ditions, values, and laws. Intensified (Buchanan 2002), our pace toward by political efforts to “take our coun- achieving national unity continues to try back” (a phrase most commonly suffer from a seemingly systemic dis-

50 ■ WHEN ENGLISH IS NOT ENOUGH sociation between “us” and “them,” enfranchisement preceding Arizona’s between “ours” and “theirs” (Santa statehood. Specifically, I contend that Ana 2002). the state of Arizona has historically Because the historical and rhe- operated within the restricted param- torical legacy of political campaigns eters of a paranoid style. The Alejand- aimed at promoting national unity rina Cabrera case illustrates the most have adjusted to shifting demograph- recent manifestation of this paranoid ic trends, the legal battle that Alejan- style. drina Cabrera faced came as no sur- I, like Richard Hofstadter, refer prise. Cabrera is a former city council to this genre of political rhetoric as candidate in the southern Arizona a “paranoid style simply because no border city of San Luis. Being labeled other word adequately evokes the “not sufficiently fluent” in English by qualities of heated exaggeration, sus- the Arizona Superior Court in Yuma piciousness, and conspiratorial fan- County resulted in the removal of Ca- tasy that I have in mind,” particularly brera’s name from the ballot. While when accounting for the peculiar ra- the 1910 passage of Arizona’s En- cial dimension involved in such policy abling Act requires both officeholders formations, whether acknowledged and seekers to “read, write, speak, and by state lawmakers or not (Hofstadter understand English sufficiently well” 1965). To begin, I review the legal (Act June 20, 1910, c. 310, 36 U.S. history surrounding Arizona’s Eng- Stat. 557, 568-579), it does not specify lish-only movement to not only bet- or quantify proficiency, nor does it ter situate the context of the Cabrera articulate ways to measure fluency. controversy, but also to illustrate how This policy leaves many unanswered this case does not stray far from the questions and further directs suspi- political precedent. Next, I examine cion to a state legislature engulfed the actions and arguments offered to in a political crisis over both its en- successfully deny Cabrera her city actment of immigration laws and its council candidacy in light of this para- banning of ethnic studies classes in noid style, before concluding with fi- public schools. Given these and other nal thoughts. troublesome developments, this article pursues this peculiar pairing of The Backstory: From 1910 shifting demographics and question- to Present able political actions. Despite recent news coverage and While most documents point to 1988 protest over recent policy enactments as Arizona’s first attempt toward se- by the state of Arizona, I argue that curing an official language, there is the state of Arizona’s racial politics evidence suggesting Arizona sought have a legal history and legacy of dis- English as its official language prior

Harvard Journal of Hispanic Policy | Volume 25 | 2013 ■ 51 FEATURE ARTICLE | BROWN to it becoming a state in the Union. of the office without the aid of an inter- In anticipation of statehood, the 1910 preter shall be a necessary qualification adoption of the Arizona Constitution for all state officers and members of the state legislature. (Ch. 310, 36 Stat. 559 included numerous sections and sub- (1910)) sections regarding the construction and maintenance of the state apparatus Given the central argument that such as public education and achieving two Arizona courts pursued to remove “perfect toleration of religious senti- Alejandrina Cabrera’s name from the ment,” amongst many others (Act June ballot in consultation with Section 20, 1910, c. 310, 36 U.S. Stat. 557, 568- 20, a closer examination at issues 579). On face value, many of the stated pertaining to “official” and “national purposes of the 1910 Arizona Consti- language” policies and their peculiar tution and goals are to be expected. correlation to race and immigration Some, however, raise serious concern is warranted (Lieberman 2005). The not only about the state’s founding ambiguous meaning of “understand nativist principles but also about how the English language sufficiently well,” such principles are selectively cited acts as the foundational stanza that and enforced today, especially pertain- links the past to the present, providing to race and therefore to the Latino ing the needed legal elasticity to ex- community. At the center of the cur- ecute questionable maneuvers against rent controversy over what defines a particular group of people. Here, the English fluency is Section 20 of Ari- paranoid style “represents an old and zona’s Enabling Act, which reads: recurrent mode of expression in our public life, which has frequently been That said State shall never enact any law restricting or abridging the right linked with movements of suspicious of suffrage on account of race, color, discontent” against those viewed and or previous condition of servitude, and defined by lawmakers as a so-called that [the] ability to read, write, speak, threat to our overall well-being (Hof- and understand the English language stadter 1965). This 1910 law estab- sufficiently well to conduct the duties lished the legal basis for paranoia and

The paranoid style“represents an old and recurrent mode of expression in our public life which has frequently been linked with movements of suspicious discontent”against those viewed and defined by lawmakers as a so-called threat to our overall well-being.

52 ■ WHEN ENGLISH IS NOT ENOUGH distrust due to the fact that there is no tions under Section 3, Article 28 way to gauge, quantify, or otherwise notes: assess the meaning of “sufficiently (a) This State and all political subdivi- well,” and therefore such ambiguity sions of this State shall act in English allows for the legal elasticity needed and in no other language. to deny the absorption and incorpo- (b) No entity to which this article applies ration of those groups of people that shall make or enforce a law, order, decree lawmakers deem undesirable. or policy which requires the use of a lan- Since 1910, Arizona experienced guage other than English. two fundamental addenda to state law that contribute to the paranoid politi- (c) No government document shall be cal and legal atmosphere surround- valid, effective or enforceable unless it is in the English language. ing the Cabrera case: Article 28 and Proposition 103. While Article 28 makes allowanc- In 1988, supporters of the organi- es for federal compliance, teaching zation Arizonans for Official English foreign languages, protecting pub- canvassed the state for signatures in lic health, and protecting the rights favor of a ballot initiative prohibiting of criminal defendants or victims of the state government’s use of languag- crimes, it also includes an enforce- es other than English. Following the ment provision that allows persons group’s successful petition drive, the to pursue legal action against those proposed amendment became known businesses, officials, or other parties in some circles as the “most restrictive that violate this law. As seen here, for official language law in the nation” the sake of preservation and supposed (Tatalovich 1995). By a slim 1 percent unity, lawmakers in Arizona seem to margin (50.5 percent to 49.5 percent), be following the idea that without Arizonans approved the state con- proper mechanisms any society can stitutional amendment, Article 28, possibly have too much diversity or entitled “English as the Official Lan- even foster the wrong kind of diver- guage,” the same year. Arizona’s Ar- sity” (Rodriguez 2007). In its most ticle 28, unlike existing laws in other basic elements, the central image of states, is comparatively lengthy and a paranoid style “is that of a vast and more restrictive in scope. It contains sinister conspiracy, a gigantic and yet four sections and numerous subsec- subtle machinery of influence set in tions and is applicable to the legisla- motion to undermine and destroy a tive, judicial, and executive branches, way of life.” Therefore, bilingualism is along with all “political subdivisions, the looming threat that must be con- departments, agencies, organizations, tained by means of legislative restraint and instrumentalities.” For instance, if order is to remain (Hofstadter 1965, when discussing linguistic restric- 29).

Harvard Journal of Hispanic Policy | Volume 25 | 2013 ■ 53 FEATURE ARTICLE | BROWN

The legal challenge associated with affirmed the ruling of the lower court Article 28 stemmed from a lawsuit in Yniguez’s favor in an en banc deci- filed by Maria-Kelley Yniguez, a state sion, opining that Article 28 violated employee who processed medical the First Amendment rights of public malpractice claims. In fulfilling the employees and elected officials. Ari- duties of her job, Yniguez explained zonans for Official English then ap- she would oftentimes assist citizens pealed to the Supreme Court of the in both English and Spanish. Yet, as United States. written, Article 28 made her cease On 25 March 1996, the U.S. Su- speaking Spanish while operating in preme Court granted certiorari, agree- her official capacity for fear of dis- ing to review the lower courts’ deci- ciplinary actions. While Article 28, sions. On a case that embodied such amongst other mandates, establishes a compelling state interest, the antici- English as the official language of the pated ruling drew much attention giv- state, Section 4 of Article 28 also re- en the highly politicized nature of of- quires official actions of the state to be ficial language policies. In a decision conducted in English only. Thus, Yni- that could determine not only the fate guez asserted that this article violated of Arizona’s amendment but also the her First and Fourteenth Amend- constitutionality of further attempts ment rights under the United States to legislate English-only, the Court’s Constitution. In seeking an injunc- unanimous decision was surprising. tion against Article 28’s enforcement, In delivering the opinion of the Court, Maritza Peña recounts, “reaching the Justice Ruth Bader Ginsburg turned a merits of Yniguez’s claim, the U.S. deaf ear to both of Yniguez’s First and Court of Appeals for the 9th Dis- Fourteenth Amendment claims and trict ruled that Article 28 was facially instead stated: broad in violation of the First Amend- Federal courts lack competence to rule ment. In granting declaratory relief, definitively on the meaning of state leg- the District Court denied injunctive islation . . . Participants in the federal relief in favor of Yniguez because no litigation, proceeding without benefit enforcement action was pending, and of the views of the Arizona Supreme thus the court did not reach the other Court, expressed diverse opinions on the meaning of the amendment. Yniguez constitutional issue that Yniguez as- commenced and maintained her suit as serted” (Peña, 1997/1998). When the an individual, not as a class representa- state decided not to file an appeal, tive. A state employee at the time she the Court of Appeals permitted Ari- filed her complaint, Yniguez voluntarily zonans for Official English to inter- left the State’s employ in 1990 and did vene and appeal the judgment. Given not allege she would seek to return to a the great importance of this case, the public post. Her departure for a position Ninth Circuit Court of Appeals also in the private sector made her claim for

54 ■ WHEN ENGLISH IS NOT ENOUGH

The central image of a paranoid style“is that of a vast and sinister conspiracy, a gigantic and yet subtle machinery of influence set in motion to undermine and destroy a way of life.”Therefore, bilingualism is the looming threat that must be contained by means of legislative restraint if order is to remain.

prospective relief moot. The Ninth Cir- and scope of the English-only move- cuit had no warrant to proceed as it did. ment, the Supreme Court chose to The case had lost the essential elements sidestep questions of constitutionality of a justiciable controversy and should and avoided judgment altogether. not have been retained for adjudication While rulings prior to the Yniguez on the merits by the Court of Appeals. We therefore vacate the Ninth Circuit’s case, such as Puerto Rican Organiza- judgment, and remand the case to that tion for Political Action (PROPA) v. court with directions that the action be Kusper (1973), Lau v. Nichols (1974), dismissed by the District Court. We ex- and Asian American Business Group press no view on the correct interpreta- v. City of Pomona (1989), established tion of Article XXVIII or on the mea- a connection between language dis- sure’s constitutionality. (Arizonans for crimination and racial/national ori- Official English v. Arizona(95-974), 520 gin discrimination, the judges ruling U.S. 43 1997) over the Yniguez case did not invoke In scolding both the reach and any of those rulings. For instance, scope of the Ninth Circuit’s earlier in Hernandez v. New York (1991), actions, Justice Ginsburg declined to a case involving a prosecutor who rule on the merits of Yniguez’s consti- used peremptory challenges to dis- tutional challenge to Arizona’s Article qualify bilingual jurors, Justice An- 28 and instead dismissed the case on thony Kennedy (writing on behalf of account that Yniguez filed suit as an the majority) made the link between individual, not as a class representa- language discrimination and racial/ tive, and was no longer a state em- national origin discrimination. In ployee once the case reached the Su- Justice Kennedy’s words, “as we make preme Court, making her claim moot clear, a policy of striking down all in the eyes of the Supreme Court. In who speak a given language, with- what could have been a landmark de- out regard to the particular circum- cision, directly impacting the reach stances of the trial or the individual

Harvard Journal of Hispanic Policy | Volume 25 | 2013 ■ 55 FEATURE ARTICLE | BROWN

Yet, given the lack of benchmarks, measures, or matrix to assess English proficiency it is impossible to definitively interpret the law. responses of the jurors, may be found ers overwhelming approved a new by the trial judge to be a pretext for official language measure aimed at racial discrimination” (Hernandez v. preserving, protecting, and enhanc- New York, 500 U.S. 352 1991). While ing the role of English as the official Justice Kennedy provided the foun- language. By securing 74 percent of dation to support Yniguez’s First and Arizonans’ approval, the state wel- Fourteenth Amendment challenges, comed its new English-only amend- Justice Ginsburg and the other jus- ment, replacing Article 28. Rewritten tices instead decided to take the path in light of the previous legal challeng- of least resistance, neglecting to pro- es, Proposition 103 sought to strike a vide constitutional guidance to a po- balance between free speech concerns litical movement guided by question- and the preservation of the English able legal underpinnings. language by most notably defining the While the various courts did not parameters of state official action, the rule Article 28 unconstitutional or in key point of tension in the Yniguez violation of the Fourteenth Amend- case. Nonetheless, Proposition 103, ment, proponents knew their great- like Article 28, maintains the histori- est obstacle resided in the free speech cal legacy of suspiciousness toward clause of the First Amendment. the state’s thriving Latino population, Knowing the limits of legal feasibil- as both policies believe an official lan- ity, proponents returned to the draw- guage will enhance and protect the ing board in efforts to again approach role of English in Arizona. Arizona voters over the question of an The year 2006 was a landmark year “official language,” though this time, for policy deliberations pertaining with a few modifications. to immigration and official language While official language proponents legislation at all levels of government. did not take immediate action toward These deliberations included two redirecting their efforts at remobiliz- failed attempts at immigration reform ing their political base, in 2006 Ari- introduced in both the House and zona was introduced to Proposition Senate chambers along with a Senate 103, the English as the Official Lan- amendment introduced by Oklahoma guage Act. On 7 November 2006, by Republican Senator James Inhofe, en- means of a legislatively referred con- titled the National Language Act of stitutional amendment, Arizona vot- 2006 (Brown 2012). The belief that

56 ■ WHEN ENGLISH IS NOT ENOUGH an official language will safeguard the ethnic, cultural and linguistic back- nation against sociopolitical collapse grounds, and continues to benefit from is an all too common theme repeated this rich diversity; and Whereas, throughout the history of by official language proponents like the United States, the common thread Indiana Republican Congressman binding individuals of differing back- Mark Souder. Without an official grounds has been the English language, language, Souder warned, “we are all which has permitted diverse indi- going to descend into chaos,” later viduals to discuss, debate and come to adding, “if you are going to come to agreement on contentious issues; and America, then learn our language” Whereas, in recent years, the role (Gamboa, 2006). of the English language as a common language has been threatened by gov- What remains peculiar about the ernmental actions that either ignore or passage of Proposition 103 in Arizona harm the role of English or that pro- is that it came just two years after a mote the use of languages other than 2004 U.S. Census Bureau report an- English in official governmental ac- nounced Latinos as the nation’s larg- tions, and these governmental actions est and fastest-growing “minority” promote division, confusion, error and group, overtaking African Americans, inappropriate use of resources; and thus inviting much attention and Whereas, among the powers reserved to the States respectively is the many questions regarding the state power to establish the English language of Latino politics in America. Lati- as the official language of the respective nos, often characterized as a “swing States, and otherwise to promote the vote,” as Christina Beltrán informs English language within the respec- us, possess “the potential of providing tive States, subject to the prohibitions the margin of victory in close races,” enumerated in the Constitution of the and represent “the electorate’s fastest United States and federal statutes. growing segment,” whereby what once The alleged justification behind this was deemed a political “safe seat,” no measure is the mitigation of a looming longer exists in such absolute terms threat that promises to interrupt and

(Beltrán 2010, 4). If nothing else, the possibly displace the role of the Eng- year 2006 provides a unique snapshot lish language. Such core assumptions of policy deliberation pertaining to is- raise suspicion and foster distrust to a sues aimed at a growing Latino popu- point where the established political lation (Barreto et al. 2009). hierarchy, argues Amardo Rodriguez Arizona’s new official language law, (2007), “is supposedly vital for the Proposition 103, outlines a series of evolution of a good society,” which is highly questionable core assumptions the state of Arizona in this case. These as follows: “government actions that either ignore Whereas, the United States is com- or harm the role of English” represent, prised of individuals from diverse among others, programs like bilingual

Harvard Journal of Hispanic Policy | Volume 25 | 2013 ■ 57 FEATURE ARTICLE | BROWN education and inaction at the federal and absolute evil,” allowing for the level over immigration reform. Yet, paranoid style to become more read- no evidence is offered nor examples ily consumable to the general public stated to illustrate how federal ac- (Hofstadter 1965). Continuing down tions continue to, as Proposition 103 this path, Proposition 103 introduces states, “promote division, confusion, a series of maxims and guiding “defi- error and inappropriate use of re- nitions” that govern its existence, exe- sources,” which leaves many ques- cution, and oversight. To avoid the le- tions unanswered. Even Proposition gal fallout generated under Article 28, 103’s assumption that “the common Proposition 103 is explicit in defining thread binding individuals of differ- the parameters of state “official ac- ing backgrounds has been the English tion,” whereas Article 28 failed to dif- language, which has permitted diverse ferentiate “official action” from other individuals to discuss, debate and possible forms, bringing us to the ex- come to agreement on contentious is- act sticking point in the Yniguez case. sues” raises serious questions over his- Here, state official action, as written in torical accuracy and factual evidence. Proposition 103, includes, “the per- Landmark cases, such as Meyer v. formance of any function or action on Nebraska (1921), Negrón v. New York behalf of this state or a political sub- (1970), Garcia v. Gloor (1980), and division of this state or required by Plyler v. Doe (1982), illustrate how state law that appears to present the the English language was and is by no views, position or imprimatur of the means the “common thread binding state or political subdivision or that individuals.” This is something vari- binds or commits the state or politi- ous groups, including Native Ameri- cal subdivision.” Nevertheless, in this cans (Trafzer et al. 2006), German rather sweeping bundle of actions, immigrants (Martin 2010), Latinos lawmakers demonstrated the knowl- (Del Valle 2003), and “national origin- edge gained from their previous legal minorities” (Schmid 2001), along with challenges by excluding the following those deemed “limited English profi- actions from their articulation of “of- cient” (Carrasquillo and Rodriguez ficial action” in Proposition 103: 2002), have learned through scores of (a) The teaching of or the encourage- discriminatory actions that eventually ment of learning languages other than resulted in changes to federal law. English. As seen here, the policy’s stated (b) Actions required under the federal core assumptions about the nature Individuals with Disabilities Education of societal unity amidst shifting de- Act or other federal laws. mographics are questionable, further illustrating that “what is at stake is al- (c) Actions, documents or policies necessary for tourism, commerce or inter- ways a conflict between absolute good

58 ■ WHEN ENGLISH IS NOT ENOUGH

national trade. ries of troublesome core assumptions that allow for analysis of the Alejand- (d) Actions or documents that protect rina Cabrera case. the public health and safety, including law enforcement and emergency services. Text in Context: The

(e) Actions that protect the rights of Alejandrina Cabrera Case victims of crimes or criminal defen- What began as a typical campaign dants. for city council at the Arizona border town of San Luis, ended on a far (f) Using terms of art or phrases from languages other than English. less typical note. As mentioned earlier, the 1910 law in question simply (g) Using or preserving Native Ameri- provides that candidates must possess can languages. the ability to “read, write, speak, and understand English sufficiently well,” (h) Proving assistance to hearing im- paired or illiterate persons. leaving many questions unanswered. Such questions include: (i) Informal and nonbinding transla- • Who is to decide what “sufficiently tions or communications among or well” means? between representatives of government and other persons if this activity • How, if possible, can “sufficiently does not affect or impair supervision, management, conduct or execution of well” be quantified or measured? official actions and if the representatives of government make clear that • Just how fluent must Arizona of- these translations or communications ficeholders and seekers be? are unofficial and are not binding on These questions, amongst many this state or a political subdivision of others surrounding this case, leave this state. much to be desired from the actions With this list of exceptions, law- taken by the Arizona Superior Court makers sought to create distance in Yuma County and the Arizona Su- from past actions while creating an preme Court, as state law does not es- outward appearance that, despite in- tablish any standards for fluency. sisting on an official language law, In January 2012, upon Cabrera’s de- Proposition 103 makes allowances cision to run for San Luis City Coun- in areas that should please most of cil, Mayor Juan Carlos Escamilla filed its critics. Although on the one hand a lawsuit challenging her eligibility these “official action” exclusions place on the grounds of her alleged lack of state law out of the immediate grasp English fluency. San Luis’s political of constitutional challenges, on the turmoil (the town had twenty-four other, Proposition 103 contains a se- recall attempts of local officeholders

Harvard Journal of Hispanic Policy | Volume 25 | 2013 ■ 59 FEATURE ARTICLE | BROWN since 2001), along with the recent spondent Cabrera, it were interpreted rash of peculiar measures passed in as having no standard or only requiring the Arizona state legislature, placed minimal or bare proficiency at speaking, reading, and writing in the English reasonable doubt on the nature of fair language. The standard to be applied and objective consideration (Lopez under A.R.S. § 38-201(C) . . . must be 2012b). As Hofstadter (1965) writes, in the context of the political office at a “paranoid style that finds it direct- issue, here City Councilman for the ed against a nation, a culture, a way City of San Luis, Arizona. (Escamilla v. of life whose fate affects not himself Cuello, CV-12-0039 (2012)) alone but millions of others” is a sen- According to the U.S. Census Bu- timent that appears to be embedded reau, 98.7 percent of the population in in the state’s political culture, at least San Luis, Arizona, is Latino, and 87.9 it seems to be the preferred means to percent of the population speaks a lan- mitigate where the “Latino threat” is guage other than English in the home. concerned (Chavez 2008). Thus, if one were to interpret the stat- In efforts to gauge whether or not ute within the context of “the political Cabrera’s English proficiency com- office at issue, here City Councilman plied with the 1910 law that estab- for the City of San Luis, Arizona,” then lished the sufficient proficiency clause such an interpretation must account in question, Arizona Superior Court for and acknowledge this reality (Esca- Judge John Nelson first framed the milla v. Cuello 2012). For instance, for- context of the legal challenge by ar- mer San Luis City Councilman Car- ticulating what he believed to be the los Bernal explained, “my [English] relevant concerns before the court. In pronunciation was weak, it’s rare to doing so, Judge Nelson explained: have council members who have a 100 The only issue before the Court is percent grasp of the English language. whether Respondent Cabrera satis- There have been very few” (Lopez fies the requirement of A.R.S. § 38- 2012a). If nothing else, interpreting 201(C) [the 1910 law] that she is able A.R.S. § 38-201(C) within the con- to speak, write and read the English text Judge Nelson outlines created an language with sufficient proficiency. . . . However, the issue of proper inter- arbitrary standard of English fluency pretation of A.R.S. § 38-201 is an issue that provides a legal pathway to invite of first impression, as the statute is not other such cases, especially in places the subject of any reported Arizona ap- where Spanish is quite prevalent. pellate decision. In interpreting a stat- More troubling is Judge Nelson’s inter- ute, a court must look to the legislative pretation of the challenge introduced intent, but little evidence of legislative by Cabrera. The dispute was not that intent has been provided to the Court. A.R.S. § 38-201(C) requires “minimal A.R.S. § 38-201(C) would be rendered meaningless if, as suggested by Re- or bare proficiency.” Yet, given the lack of benchmarks, measures, or matrix to

60 ■ WHEN ENGLISH IS NOT ENOUGH assess English proficiency, it is impos- to never visiting San Luis, nor tak- sible to definitively interpret the law. ing into consideration the “Hispanic To assist with the court’s efforts to English” dialect of southern Arizona determine compliancy with A.R.S. § (Escamilla v. Cuello 2012). 38-201(C), linguistic expert William While Eggington testified that Ca- Gregory Eggington of Brigham Young brera read English between a ninth University was hired to conduct and and tenth grade level, he never tested report testing results of Cabrera’s Eng- her writing abilities (Escamilla v. Cuel- lish proficiency. What many thought lo 2012). Despite the numerous short- would be a fairly objective and scien- comings in the expert’s evidence and tific method of assessment turned out Cabrera’s demonstrated willingness to possess neither of those qualities. to both testify and read a San Luis Prior to conducting a series of three council meeting agenda and minutes English proficiency tests at the law of- in English, Judge Nelson nonetheless fices of Garcia, Hengl, Kinsey and Vil- concluded, “the Court finds his tes- larreal, P.L.C., the law firm represent- timony to be compelling and adopts ing Cabrera, Eggington was informed it,” whereby “the Court finds that Re- of Cabrera’s poor hearing. Yet, he spondent Cabrera does not satisfy the failed to make accommodations and requirement of A.R.S. § 38-201(C) proceeded regardless, marking the that she possesses the ability to speak, first of many oversights throughout read, and write the English language this case (Escamilla v. Cuello 2012). with sufficient proficiency to perform Still, with no established bench- as a City Councilman for the City of mark to articulate proficiency, Egg- San Luis” (Escamilla v. Cuello 2012). ington presented findings indicating In light of Judge Nelson’s decision that Cabrera failed to meet the mini- to remove Cabrera from the ballot, mum level of English proficiency to Cabrera’s legal team presented the be in compliance with A.R.S. § 38- Arizona Supreme Court with five is- 201(C). However, while Judge Nelson sues that specified their request for argued that “the standard to be ap- an appeal. To no surprise, three of the plied under A.R.S. § 38-201(C) must challenges pertained to the peculiar be in the context of the political office nature of establishing and articulat- at issue, here City Councilman for ing an English language proficiency the City of San Luis, Arizona,” Egg- standard that injected trivial speci- ington testified he never conducted ficity into the otherwise ambiguous the research necessary to establish “sufficient proficiency” clause. These such a baseline in relation to someone objections included: seeking the office of city councilper- Whether the trial court erred in inter- son for the City of San Luis, Arizona. preting A.R.S. § 38-201(C) to impose a Furthermore, Eggington also testified proficiency standard specific to a mem-

Harvard Journal of Hispanic Policy | Volume 25 | 2013 ■ 61 FEATURE ARTICLE | BROWN

ber of City Council for the City of San literacy tests, used throughout his- Luis, Arizona, then misapplied it to the tory to disenfranchise and discourage evidence produced at trial? the political participation of people of Whether the trial court erred in ad- color. Such tests have been outlawed mitting and relying upon Dr. Egging- on account of their overt prejudicial ton’s opinions and in the testimony of Appellant in granting the injunction? intentions, stemming largely from Whether the test adopted by the trial the passage of the Voting Rights Act court is in violation of Appellant’s con- of 1965. Therefore, the question of stitutional right to participate in gov- whether or not the tests adopted by ernment? (Escamilla v. Cuello 2012) the court to gauge Cabrera’s profi- When examined closer, these ciency violated the equal protection points of objection raise serious con- clause of the Fourteenth Amendment, cerns over how the court ruled Cabre- at least through the court’s eyes, is ir- ra unfit to run for public office. A first relevant. concern is raised in how the court The heightened level of paranoia created and ultimately accepted an in this case continues to invite much English proficiency standard that was skepticism, questioning the case’s mostly created by an Australian so- overall handling and the objective- ciolinguist. Amongst other troubling ness surrounding it. Despite Egging- variables, this sociolinguist testified ton’s inability to prove that Cabrera he never visited nor studied any part was “unable to speak, write, and read of the Southeast U.S. border, its peo- the English language,” the court at- ple, or their English dialect, let alone tempted to superficially assess Ca- studied or visited San Luis, Arizona brera’s level of English-language pro- (Escamilla v. Cuello 2012). ficiency. Furthermore, during trial, Additionally, Cabrera’s legal team Eggington admitted that one of the argued in its appeal, “Appellant knows three tests administered was “experi- of no statute, case or other law that mental,” never before used as evi- provides for or otherwise permits a dence in a civil or criminal trial. This trial court to adopt an English profi- statement called into question wheth- ciency standard that will only be ap- er or not the court observed the Frye plied to that case, based upon unveri- rule, which states that the proponent fied opinions and unaccepted testing of scientific evidence must show the methodologies” (Escamilla v. Cuello evidence’s underlying reliability (Frye 2012). As affirmed by the Arizona -Su v. United States, 293 F. 1013, 1014 perior Court in Yuma County, there (App. D.C. Dec. 03, 1923)). None- is nothing stopping other state courts theless, despite the series of concerns from creating and enforcing their raised over the validity of Eggington’s own proficiency standards, much expert testimony and tests, his evi- akin to superficial litmus tests, like dence was not disqualified. Rather, it

62 ■ WHEN ENGLISH IS NOT ENOUGH was cited by Judge Nelson when af- caused in large part by a hesitancy firming his ruling to strike Cabrera’s generated over “official” versus “non- name from the ballot. Disregarding official” languages (1995, 9). These the aforementioned shortcomings, calls for “official language” measures, the Arizona Supreme Court signed a like calls for its enforcement, illustrate short order affirming the lower court’s a worst-case scenario dichotomy that decision. fuels much of the public distrust over “foreign languages” and “foreign peo- Concluding Thoughts ples” seen throughout the policy history of Arizona. In this light, writes In a state that continues to garner un- Cass R. Sunstein, we witness political flattering attention over its handling actors using “probability neglect so as of political and legal issues that pos- to promote attention to problems that sess a peculiar racial dimension, the may or may not deserve public con- Cabrera case was plagued by many cern” (2005, 65). For instance, within state-centered ailments from the out- the confines of the Cabrera case, be- set. For a paranoid style to be effective, cause the 1910 law failed to articulate that is, to garner support amongst the precisely what it means for officehold- masses, there must exist a shared level ers and seekers to speak, read, write, of distrust and suspicion that centers and understand English “sufficiently on increased calls for social regula- well,” let alone define how to assess tion (Rodriguez 2001). Modern day this requirement, prosecutors relied political efforts aimed at the creation on probability neglect to elevate the and/or enforcement of official lan- existence of a political threat shaped guage statutes, writes Raymond Tata- in the form of Cabrera’s candidacy. lovich, “is a policy response to a per- The paranoid style in American ceived threat to the normative order,” politics, while historically rooted

As affirmed by the Arizona Superior Court in Yuma County, there is nothing stopping other state courts from creating and enforcing their own proficiency standards, much akin to superficial litmus tests, like literacy tests, used throughout history to disenfranchise and discourage the political participation of people of color.

Harvard Journal of Hispanic Policy | Volume 25 | 2013 ■ 63 FEATURE ARTICLE | BROWN throughout the sociopolitical experi- course in the US and the UK in the ‘New ences of many immigrant groups and World Order.’ Edited by Lori Maguire. communities of color, continues to ex- Cambridge: Cambridge Scholars Publish- ing. ist by means of discursive political formations steeped in anxiety, suspicious- ———. 2011. In defense of unity & Eng- ness, and polarity (Sunstein 2009). lish-only: On the early political battles to ‘unite’ the nation. Communication Law While the Cabrera case initially gener- Review 11(1): 14-25. ated much attention, later followed by ——— controversy, it is imperative to revisit . 2012. The strange life of assimilation in the national language debate. Jour- the legal developments on all levels of nal of Race and Policy 11(1): 1-12. government toward establishing “offi- Buchanan, Patrick J. 2002. Death of the cial language” laws, as its history and west: How dying populations and immi- recent developments all tell an unfor- grant invasions imperil our country and tunate story of a sweeping paranoid civilization. New York: St. Martin’s Griffin. style in American politics aimed at a Carrasquillo, Angela, and Vivian Rodrí- thriving Latino population. guez. 2002. Language minority students in the mainstream classroom. Clevedon, References Great Britain: Multilingual Matters. Chavez, Leo R. 2008. The Latino threat: Barreto, Matt A. et al. 2009. Mobilization, Constructing immigrants, citizens, and participation, and solidaridad: Latino par- the nation. Stanford: Stanford University ticipation in the 2006 immigration protest Press. rallies. Urban Affairs Review44(5): 736- 764. Del Valle, Sandra. 2003. Language rights and the law in the United States: Finding Beltran, Cristina. 2010. The trouble with our voices. Clevedon, Great Britain: Mul- unity: Latino politics and the creation of tilingual Matters. identity. Oxford: Oxford University Press. Edwards, John. 2009. Language and iden- Brown, Donathan. 2010. On defining tity: Key topics on sociolinguistics. Cam- community: Race, rhetoric and exclu- bridge: Cambridge University Press. sion within the English as the national language debate. In Domestic Policy Dis- Gamboa, Suzanne. 2006. House speaks up on making English official language.Den -

For a paranoid style to be effective, that is, to garner support amongst the masses, there must exist a shared level of distrust and suspicion that centers on increased calls for social regulation (Rodriguez 2001).

64 ■ WHEN ENGLISH IS NOT ENOUGH ver Post, July 27, A5. bridge: Cambridge University Press. Hofstadter, Richard. 1965. The paranoid ———. 2009. Going to extremes: How like style in American politics and other essays. minds unite and divide. Oxford: Oxford Cambridge: Harvard University Press. University Press. Huntington, Samuel P. 2005. Who are we? Tancredo, Tom. 2006. In mortal danger: The challenges to America’s national iden- The battle for America’s border and secu- tity. New York: Simon and Schuster. rity. Nashville: WND Books. Lieberman, Robert C. 2005. Shaping race Tatalovich, Raymond. 1995. Nativism re- policy: The United States in comparative born? The official English language move- perspective. Princeton: Princeton Univer- ment and the American states. Lexington: sity Press. University of Kentucky Press. Lopez, Ricardo. 2012a. Arizona English- Trafzer, Clifford E., Jean A. Keller, and Lo- fluency case may have wide repercussions. rene Sisquoc. 2006. (eds.) Boarding school Los Angeles Times, February 5. blues: Revisiting American Indian educa- ———. 2012b. Arizona Supreme Court tional experiences. Omaha: University of bars candidate with limited English. Los Nebraska Press. Angeles Times, February 8. Martin, Susan F. 2010. A nation of immigrants. Cambridge: Cambridge University Press. Peña, Maritza. 1997/1998. English-only laws and the Fourteenth Amendment: Dealing with pluralism in a nation divided by xenophobia. University of Miami Inter- American Law Review 29(1/2): 349-371. Rodriguez, Amardo. 2001. On matters of liberation (I): The case against hierarchy. Cresskill: Hampton Press. ———. 2007. Diversity: Mestizos, Latinos, and the promise of possibilities. Mountain View: Floricanto Press. Santa Ana, Otto. 2002. Brown tide rising: Metaphors of Latinos in contemporary American public discourse. Austin: Uni- versity of Texas Press. Schmid, Carol L. 2001. The politics of language: Conflict, identity and cultural pluralism in comparative perspective. Oxford: Oxford University Press. Sunstein, Cass R. 2005. Laws of fear: Be- yond the precautionary principle. Cam-

Harvard Journal of Hispanic Policy | Volume 25 | 2013 ■ 65 HARVARD JOURNAL OF HISPANIC POLICY Call for Papers Deadline: October 25, 2013 The Harvard Journal of Hispanic Policy of no more than 150 words, and (6) a (HJHP) is currently seeking submis- headshot. sions for its 25th volume. The HJHP is • Research articles should be 4,000 to a student-run, nonpartisan scholarly 7,000 words in length and include a review published annually at the John 100-word abstract. F. Kennedy School of Government at • Commentaries should be 1,500 to Harvard University. Articles and com- 3,000 words in length. mentaries should explore policy mak- • Book reviews should be 1,500 to 3,000 ing as it relates to the political, social, words in length and include a full cita- and economic environment affecting tion for the book, including publisher Latinos in the United States. Book re- and year of publication. views should critically assess a book of • All figures, tables, and charts must be importance to the Latino community. clear, easy to understand, and submit- All submissions meeting these criteria ted as separate files. are welcome. • Authors are required to cooperate SUBMISSION GUIDELINES with editing and fact-checking and to comply with journal-mandated dead- In order for an article to be considered lines. for inclusion in the journal, the author • Authors who fail to comply with these must meet the following requirements: requirements may not be published. • All submissions must be previously unpublished and based on original work. Submit an electronic copy via e-mail • All submissions must be formatted in to [email protected] by the any version of Microsoft Word (.doc October 25, 2013 deadline. format). • All submissions must be formatted ac- HJHP is also accepting content to be cording to The Chicago Manual of Style. published on its Web site. Submis- • Citations must be formatted in the sions may include any work of aca- author-date system via running text, demic or creative merit. Examples according to the guidelines in The Chi- of Web content include op-eds, short cago Manual of Style. Footnotes are not stories, and photo essays. Please accepted. specify that the submission is for • All submissions must include a cover Web content. For more information, letter with (1) author’s name, (2) mail- please visit our Web site at www.hks. ing address, (3) e-mail address, (4) harvard.edu/hjhp. phone number, (5) a brief biography

66 ■ ART CONTENT

ERIC J. GARCIA

“Historically based, politically charged criticism, with the goal of creating dialogue about complicated issues.” That’s how Eric J. Garcia describes his work. Known for mixing history and culture with contemporary themes, Garcia always tries to create art that is much more than just aesthetics. Hav- ing completed his MFA from the School of the Art Institute of Chicago, Garcia has shown in numerous exhibitions nationally and internationally. A versatile artist working in an assortment of media, from handprinted posters to political cartoons to sculptural installations, Garcia’s work has the common goal of educating and challenging.

Harvard Journal of Hispanic Policy | Volume 25 | 2013 ■ 67 ART | GARCIA

Eric J. Garcia, El Soldado, 2010, watercolor and ink on paper, 12” x 9 ¼”

68 ■ FEATURE ARTICLE

TOWARD AN EMPIRICAL ANALYSIS OF HATE SPEECH ON COMMERCIAL TALK RADIO by Chon A. Noriega and Francisco Javier Iribarren

Chon A. Noriega is professor of Cinema and Media Studies at the University of California, Los Angeles, where he is also director of the Chicano Studies Research Center. He is the author of Shot in America: Television, the State, and the Rise of Chicano Cin- ema and a coauthor of Phantom Sightings: Art After The Chicano Movement and L.A. Xicano. He is currently completing a book-length study of Puerto Rican multimedia artist Raphael Montañez Ortiz and a longitudinal study of online and social media strategies among nearly 180 art museums in the United States. Noriega has edited anthologies on Latino, Mexican, and Latin American cinema, as well as the collected works of Car- melita Tropicana and Harry Gamboa Jr. Since 1996, he has been the editor of Aztlán: A Journal of Chicano Studies. He is the editor of three book series as well as the Chicano Cinema & Media Arts DVD series.

Francisco Javier Iribarren is the assistant director of the UCLA Chicano Studies Research Center. He also teaches in the Department of Social Welfare and serves FEATURE ARTICLE | NORIEGA AND IRIBARREN in the Spanish Speaking Psychosocial Introduction Clinic at UCLA. Iribarren is a coauthor of “Salivary Biomarkers in Psychobiological he considerable and often heated debate over hate speech has Medicine,” published in Bioinformation, produced numerous reports, and “A Family Intervention to Reduce Tarticles, and books. These studies have Sexual Risk Behavior, Substance Use, and looked at the issue from a number of Delinquency Among Newly Homeless disciplinary perspectives, including Youth,” published in the Journal of Ado- those of journalism, law, linguistics, lescent Health. He was recently named economics, history, and philosophy chair of the Community Engagement (Butler 1997; Cortese 2006; Dharma- Subcommittee for the Clinical and Trans- pala and McAdams 2003; Kellow and lational Science Institute Working Group Steeves 1998; Lendman 2006; Lewis 2007; Meddaugh and Kay 2009; Neiw- on Global Informed Consent at UCLA. ert 2009; O’Connor 2008; Slagle 2009; Tolmach Lakoff 2001). These studies offer valuable theoretical, concep- Abstract tual, interpretive, and descriptive in- This pilot study uses qualitative con- sights into hate speech, but they often tent analysis to examine hate speech rest upon unsubstantiated empirical that targets vulnerable groups, in- premises about the phenomenon it- cluding ethnic, racial, religious, and/ self. To date, there is limited research or sexual minorities, in commercial on hate speech using scientific ap- broadcasting. The study quantifies a proaches to medium, content, and i recurring rhetorical pattern for target- impact. The main goal of this pilot ing specific vulnerable groups through study is to develop a sound, replicable the systematic use of unsubstantiated methodology for qualitative content claims, divisive language, and nativist analysis that can be used to examine code words. For example, Latino im- hate speech that targets vulnerable migrants were often coded as crimi- groups, including ethnic, racial, re- nals and then linked to social institu- ligious, and/or sexual minorities, in tions that were presented as complicit commercial broadcasting. This pilot with immigrants. In this way, target study establishes data-driven descrip- groups were characterized as a powerful and direct threat to the nation. i. Research in economics involves the While vulnerable groups are targeted, development of models with empiri- calls for action from talk radio are then cal support (Dharmapala and McAdams directed against those identified as 2003). Media research has established scientific approaches for impact as it relates supporters of these vulnerable groups. to advertising as well as to media violence (Bushman and Anderson 2001).

70 ■ TOWARD AN EMPIRICAL ANALYSIS OF HATE SPEECH tive categories for such speech and pected to see significant results so as creates a preliminary baseline or ref- to establish and test data-driven de- erence point for future research. scriptive categories. Future full-scale The backdrop for this study is the analysis would need to include a com- 1993 National Telecommunications parative dimension. and Information Administration Commercial talk radio is the focus (NTIA) Report to Congress, which of this pilot study. Radio has the great- addressed the role of telecommuni- est penetration of any media outlet cations in the commission of hate (print, broadcast, or digital), reaching crimes. The NTIA advises the presi- 90 percent of Americans each week, dent on telecommunications and and the news-talk format is the pre- information policy and manages the dominant radio format in terms of federal government’s use of the radio dedicated stations nationwide (more frequency spectrum. Mindful of First than 1,700) and the second most Amendment protections as well as popular format in terms of audience related federal legislation and policy, share (12.1 percent; country music is the 1993 NTIA report established a 13.3 percent) (Houston Santhanam definition of hate speech drawn from 2012). We examined commercial the Hate Crimes Statistics Act of 1990. radio talk programs reaching audi- Now, two decades later, the NTIA re- ences in Los Angeles County because port continues to provide a viable def- it is the most populous county in the inition for hate speech, but it no lon- United States and because Latinos ger reflects significant recent changes made up nearly half—48 percent—of in federal policy, telecommunications the county’s population in 2011 (U.S. platforms, and programming formats Census Bureau 2011). and content. Furthermore, the origi- As the fastest-growing and largest nal study relied on data that was, by minority group in the United States, the NTIA’s own account, “scattered Latinos represented 16.7 percent of and largely anecdotal,” and it there- the U.S. population, or about 51.9 mil- fore failed to provide a scientific basis lion people, in 2011 (U.S. Census Bu- for data assessment, let alone a meth- reau 2011). Noncitizens make up 44 odology or baseline for future study. percent of the adult Latino population, In developing this pilot study, we of which 55 percent is undocumented considered areas in which we ex- (Pew Hispanic Center 2007). Nation-

Radio has the greatest penetration of any media outlet (print, broadcast, or digital), reaching 90 percent of Americans each week.

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Nationally, hate crimes against Latinos, when compared with hate crimes against other racial/ ethnic groups, have risen by the highest rate, with a 25 percent increase between 2004 and 2008. This increase may be linked to the me- diagenerated negative discourse against immigrants that has been prevalent on the airwaves. ally, hate crimes against Latinos, when threaten to incite ‘imminent unlaw- compared with hate crimes against ful action,’ which may be criminalized other racial/ethnic groups, have risen without violating the First Amend- by the highest rate, with a 25 percent ment”; or (2) “speech that creates a increase between 2004 and 2008 (Fed- climate of hate or prejudice, which eral Bureau of Investigation 2004; Fed- may in turn foster the commission eral Bureau of Investigation 2008). This of hate crimes” (U.S. Department of increase may be linked to the media- Commerce 1993). The definition of generated negative discourse against hate speech used in this pilot study is immigrants that has been prevalent on derived from this definition as well as the airwaves. In a 2007 national sur- the definition used in the hate crimes vey, about 64 percent of U.S. Latinos legislation: hate speech is speech that reported that the immigration debate targets a vulnerable group and threat- had negatively impacted their lives, ens or fosters the commission of hate while 78 percent reported feeling that crimes against that group, as defined discrimination remained a problem by law.ii affecting their community (Pew His- panic Center 2007). ii. Our study relies on the original target groups for hate speech put forward in the 1993 NTIA report: “‘Hate speech’ would Methodology therefore encompass words and images The 1993 report was the result of the that ‘manifest evidence of prejudice based NTIA’s mandate to examine and re- on race, religion, sexual orientation, or port to Congress on the media’s role ethnicity.’” That said, our use of “vulnerable group” as a generalized description in “crimes of hate and violent acts for hate speech targets allows for the fact against ethnic, religious, and racial that the groups constituted as vulnerable minorities.” The report defined hate may change over time or across different speech as either: (1) “words that contexts.

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Inclusion Criteria grams: The Lou Dobbs Show: Mr. In- dependent (syndicated by the United The 1993 NTIA report considered Stations Radio Networks), broadcast all telecommunication at that time: on 31 July 2008; The Savage Nation “broadcast television and radio, cable (produced at KFMB 760 AM and television, public access television, syndicated by Talk Radio Network), computer bulletin boards, and other broadcast on 24 July 2008; and The electronic media” (U.S. Department John & Ken Show (KFI AM 640, Los of Commerce 1993). For the purposes Angeles), broadcast on 30 July 2008.iii of this pilot study, we focused our at- These programs share certain general

Hate speech is speech that targets a vulnerable group and threatens or fosters the commission of hate crimes against that group, as defined by law.

features of the news-talk format (news tention on samples from one medium commentary, guest interviews) and fo- (radio) and one programming format cus on conservative topics (anti-immi- (news-talk) in one market (Los An- gration and free speech). At the same geles County). We decided to look time, each program has a distinct pro- specifically at conservative talk radio, file:The Lou Dobbs Showis an example which accounts for 91 percent of to- of a program featuring a high-profile tal weekday talk radio programming media personality who has access to (Halpin et al. 2007). This allowed multiple traditional media platforms us to consider exemplary instances (at the time of the broadcast, Dobbs with respect to media penetration, hosted radio and television shows). a predominant format, and a large The Savage Nation is a prominent ex- and diverse market. Furthermore, ample of popular syndicated talk ra- by examining the news-talk format, dio. The John & Ken Show represents program content could also be measured against established professional journalistic standards, specifically, the iii. Media Matters for America, a not- for-profit media monitoring organization, Code of Ethics developed by the Soci- provided audio files and transcripts for ety of Professional Journalists (1996). The Savage Nation for 21-31 July 2008. Segments of thirty to forty minutes More information about obtaining cop- were selected from each of three pro- ies of the transcripts used in this study is available on request.

Harvard Journal of Hispanic Policy | Volume 25 | 2013 ■ 73 FEATURE ARTICLE | NORIEGA AND IRIBARREN successful local market news-talk ra- vation of criteria from the data, based dio (it is also syndicated nationally). on background considerations and We selected the broadcast segments research objectives (Barrett 2007). shortly after the start of a project grant Materials are analyzed for patterns, from the Social Science Research for which descriptive codes are de- Council. This coincided with the veloped; these patterns may indicate controversy surrounding San Fran- the presence of larger themes. As the cisco’s status as a sanctuary city for analysis progresses, categories are undocumented immigrants. Not sur- either revised or removed based on prisingly, this issue is reflected in the their frequency and reliability. The transcripts; nevertheless, we analyzed inductive process of category devel- speech targeting any vulnerable group opment is followed by the deductive (as defined by the 1993 NTIA report). process of category application (May- ring 2000). This involves assigning Qualitative Content Analysis category definitions within a coding agenda, in essence defining how texts In this study, we employed con- should be coded with a category. Data ventional qualitative content analy- findings and interpretations are relat- sis, also known as inductive category ed to pertinent research and literature development, whereby we derived and, as relevant, to common experi- coding categories directly from the ence (Barrett 2007). textual data, in this case, transcripts of the program segments (Mayring Establishment of Analytic 2000). This approach uses delineated Categories and replicable methodologies that allow the generation of inferences from Trained readers (undergraduate and a given text without being bound to graduate students), working in con- inflexible quantification. Conven- junction with the investigators, ex- tional qualitative content analysis is amined the transcripts for each of the ideal for areas of study supported by three program segments. Emphasis little theoretical or research literature was placed on identifying the rela- (Kondracki and Wellman 2002), as is tionship between speakers and tar- the case for empirical studies of hate gets—basically, who said what, about speech. or to whom, and for what purpose. Conventional qualitative content This allowed the research team to analysis follows an iterative process, identify targets—vulnerable groups beginning with the repeated reading and/or their supporters—through im- of the data (transcripts) and the for- plied and named (specific) references mation of the coding process. Cat- to them as well as through a speaker’s egory development involves the deri- call for action against them (that is,

74 ■ TOWARD AN EMPIRICAL ANALYSIS OF HATE SPEECH suggesting or implying that listeners mentation (with a focus on fallacies), might do something that could affect divisive language (deixis), dehuman- the target). izing metaphors, and selected indexi- The research team then identical terms (indices for nativism). To fied four types of statements that ensure a robust methodology, we re- were made relative to these targets: examined these six categories, first in unsubstantiated claims, flawed ar- relation to the transcripts and then in gumentation, divisive language (that relation to one another. The first step is, “us-them” constructions), and de- yielded some corrections with respect humanizing metaphors. Utterances to the coding process. In comparing could be categorized, simultaneously, the findings across categories, we not- within two or more of these catego- ed a certain degree of overlap. In some ries. The readers then developed a instances this revealed how particular fifth analytical category for indexi- rhetorical strategies resonated with cality, wherein a word (or other sign) one another, but in other instances it points to a context-dependent mean- merely produced redundant findings. ing. Given the labor-intensive nature of coding for indexicality, the read- Category Refinement ers focused on a ten-minute sample Two categories—dehumanizing meta- from one of the program segments phors and flawed argumentation— (The John & Ken Show), adapting and raised particular concerns given the using open source software (Trans- redundancy of their findings with ana) for both audio and transcript other approaches, the expertise re- analysis. The readers focused on in- quired for credible analysis, and the dexical terms, or code words, that contention among scholars in each pointed to a nativist attitude on the area with respect to methodology and part of the speaker, then determined interpretation. Our main concern had which indexical terms were used to do with whether these categories most frequently. Readers also identi- contributed to the project research fied patterns of rhythm, stress, and objectives by generating reliable find- intonation (prosody) and discourse ings and a replicable methodology. The alignment among speakers. The four interdisciplinary nature of the project most recurrent indices in the ten- and the volatile nature of public de- minute segment of The John & Ken bate over hate speech, not to mention Show were then used to analyze the practical considerations with respect three transcripts. to the limited resources for full-scale The preliminary findings pro- research, required a methodology that vided data for all three programs in could be implemented or replicated by six categories: targeted statements, nonexperts. unsubstantiated claims, flawed argu-

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The inherent difficulty of reliably formal argument (Finocchiaro 1981). identifying formal arguments (that is, We found that another analytical cat- statements that make and present evi- egory used in our preliminary find- dence for a claim) in natural-language ings, unsubstantiated claims, provid- contexts and the inability of formal ed a more productive approach, one logic to adequately evaluate natural- in which speech targeted at vulnerable language argument (for example, groups could be assessed through a identifying logical fallacies to invali- standard fact-checking methodology. date a claim) led us to reconsider an Initially, metaphor analysis pro- approach in this direction (Hahn et al. vided a compelling framework by 2009).iv which we could measure the extent to As Trudy Govier cautions, “In prac- which the radio programs dehuman- tice it is often difficult to tell whether ized vulnerable groups by establishing people are offering arguments or not, the sameness between two unrelated and whenever this interpretive issue things or ideas. Phrases such as “love is contestable, a comment to the ef- is a rose,” “the ship of state,” or “im- fect that a fallacy has been committed migrants are a virus” are metaphors will be similarly contestable” (1982, that facilitate an understanding of 6). Although the research team could one thing (love, nation-states, immi- identify and reach a consensus about grants) in the terms of another (flow- “traditional fallacies” in the tran- ers, ships on an ocean, disease). This scripts (particularly, ad hominem at- type of analysis has already generated tacks), it proved much more difficult considerable insight into the media to connect them to a corresponding depiction of Latinos. In Brown Tide argument. Doing so depended on the Rising: Metaphors of Latinos in Con- charity of the interpreter, who might temporary American Public Discourse, fill in premises needed to establish a Otto Santa Ana (2002) provides an empirical analysis of the ways in iv. The study of informal logic—the at- which the mainstream, and ostensibly tempt to assess and therefore improve rea- liberal, press uses metaphors to char- soning in ordinary (natural) language— acterize immigrants in nonhuman seems to be moving away from a focus on terms, such as a dangerous threat, a fallacies as a way to evaluate the validity of an informal argument (Groarke 2012). virulent disease, an invasion, or an For our purposes, the central issues have animal-like force. As Santa Ana notes, to do with the limited ability of informal “These metaphors are not merely logic (and “traditional fallacies,” in par- rhetorical flourishes, but are the key ticular) to address natural-language argu- components with which the public’s ment (Hahn et al. 2009). This approach concept of Latinos is edified, rein- also resonates with at least one attempt to forced, and articulated” (2002, xvi). redefine fallacy on the basis of the falsity Cognitive linguists emphasize that or truth of the premises (Boone 1999).

76 ■ TOWARD AN EMPIRICAL ANALYSIS OF HATE SPEECH metaphors can also operate on a con- while also revealing other metaphoric ceptual level. If a linguistic metaphor constructions used to describe not uses one thing or idea to understand only vulnerable groups but also race another, a conceptual metaphor uses (using terms such as “card game,” one “coherent organization of experi- “nature,” and “criminals”). Given the ence” to understand another, as with small sample, however, we identified “life is a journey,” wherein the experi- only one significant and recurring ence of life is understood through the pattern with respect to dehumanizing metaphor of travel toward a destina- metaphors: the repeated use of the tion (and, hence, a purpose) (Kövec- terms “illegal alien” or “illegal aliens” ses et al. 2010, 4). Thus, the study of and “illegal” or “illegals” to describe linguistic and conceptual metaphors immigrants. These terms were also has the potential to reveal the rhe- identified in our examination of in- torical strategies and underlying con- dices for nativism, wherein they code ceptual systems by which vulnerable immigrants as antithetical to the na- groups are understood and perhaps tion. We found the latter approach even acted against. more productive insofar as it provides In the preliminary analysis for our a comparative framework with two study, the readers used a consensus sets of indices for an external enemy methodology to identify linguistic (“anarchist” and terms including “ille- and conceptual metaphors directed gal”) and home country (terms refer- against vulnerable groups. These were ring to community and free speech). then reviewed, and only those metaphors that dehumanized members of Findings a vulnerable group were selected. The preliminary findings proved sugges- Targeted Statements tive and resonated with Santa Ana’s Drawing from the 1993 NTIA report findings (describing, for example, La- and the Hate Crimes Statistic Act, tinos as a threat, disease, or animals) this pilot study foregrounds two fea-

Phrases such as“love is a rose,”“the ship of state,”or“immigrants are a virus”are metaphors that facilitate an understanding of one thing in the terms of another. This type of analysis has already generated considerable insight into the media depiction of Latinos.

Harvard Journal of Hispanic Policy | Volume 25 | 2013 ■ 77 FEATURE ARTICLE | NORIEGA AND IRIBARREN tures that are crucial to the report’s the three programs, readers identified definition of hate speech: a vulnerable thirty-three instances of call for ac- group as the target and speech that tion. threatens or fosters the commission Just over two-thirds of targeted of hate crimes against that group, as statements focused on undocument- defined by law. In that context, vul- ed immigrants and Latinos (73 of nerable groups are defined as ethnic, 117, which includes 4 of 28 instances racial, religious, and/or sexual mi- related to people of color in public of- norities. We included undocumented fice). Averaged on a per-program ba- immigrants insofar as they are asso- sis, Latinos (both citizen and undocu- ciated with an ethnic group (Latinos) mented) represented 91 percent (43 of in the transcripts. We also gathered 47, including those in public office) of data on calls for action against those the targeted vulnerable groups on The identified as supporters of vulnerable Lou Dobbs Show; 43 percent (15 of 35) groups. on The Savage Nation; and 43 percent (15 of 35) on The John & Ken Show. Methodology The figure forThe John & Ken Show is actually higher, since 34 percent Readers identified statements in the (12 of 35) of the targeted statements transcripts that were targeted at vul- in this broadcast segment focused on nerable groups, then distributed the the residents of “South L.A.” (South statements into three categories: im- Central Los Angeles), an area that is plied target, which does not explic- roughly 55 percent Latino and 41 per- itly identify a member of a vulnerable cent African American. group but the intent is clear; named Readers identified two calls for target, which specifically identifies a action against a vulnerable group: member of a vulnerable group; and one was a general call related to im- call for action, in which hosts suggest migration and the other focused on or imply that an action might be tak- people of color in public office who en against the vulnerable group (see supported immigration reform. Inso- Tables 1 and 2). far as both were oriented toward the political representation system, each Results might also have been identified as a Readers identified 148 instances that call for action against supporters. The met the study’s criteria for statements other thirty-one calls for action clear- targeting a vulnerable group or a ly focused on supporters: these were group’s supporters. Seventy-nine per- specific elected officials, advocacy cent of these instances (117) targeted groups (ANSWER Coalition, Media vulnerable groups, and 21 percent Matters for America), and employ- (31) targeted their supporters. Across ers of undocumented immigrants.

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Table 1 — Summary of Targeted Statements by Statement Type

Call for Ac- tion against Call for Ac- Vulnerable tion against Implied Named Total by Program Group Supporter Target Target Program Lou Dobbs Show 1 6 10 36 53 Savage Nation 0 10 12 23 45 John & Ken Show 1 15 14 20 50 Totals 2 31 36 79 148

Table 2 —Summary of Targeted Statements by Target

Un- docu- Lati- People South mented nos or of Color Sexual L.A. Immi- Mexi- in Public Mus- Minori- Resi- Total by Program grants cans Office lims ties dents Program Lou Dobbs 36 3 8 0 0 0 47 Show Savage Na- 15 0 12 5 3 0 35 tion John & Ken 12 3 8 0 0 12 35 Show Totals 63 6 28 5 3 12 117

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This suggests a rhetorical strategy in erate distortion is never permis- which vulnerable groups are targeted sible. and identified as a social problem or threat but the call for action is di- • Tell the story of the diversity and rected against advocacy groups, pub- magnitude of the human experi- lic figures (and political administra- ence boldly, even when it is un- tions), or legal enforcement. popular to do so. Twenty-six of the thirty-three calls • Examine one’s own cultural values for action focused on Latinos and im- and avoid imposing those values migration. Seven related to a report on others. by Media Matters for America that criticized the host’s statements about • Avoid stereotyping by race, gender, autism, gays, and Democrats as fas- age, religion, ethnicity, geography, cists (The Savage Nation). sexual orientation, disability, physical appearance, or social status. Unsubstantiated Claims • Support the open exchange of The assertion of false, unverifiable, views, even views one finds repug- and/or distorted claims emerged as a nant. significant feature of all the segments we analyzed. This finding is important • Distinguish between advocacy and insofar as news-talk programming is news reporting. Analysis and com- presented within a general journalis- mentary should be labeled and not tic framework that is associated with misrepresent fact or context. fact-based news commentary and expert-driven interviews on topical • Admit mistakes and correct them issues. The relevant professional or- promptly. ganizations—Radio and Television The code is a set of guidelines, as News Directors Association, the In- the SPJ notes: “The code is intend- ternational Federation of Journalists, ed not as a set of ‘rules’ but as a re- and the Society of Professional Jour- source for ethical decision-making. It nalists (SPJ)—underscore the impor- is not—nor can it be under the First tance of both freedom of the press Amendment—legally enforceable.”v and ethical journalism. The SPJ Code As with other professional organiza- of Ethics (1996) includes the follow- tions, membership signals adoption ing professional standards for journalists: v. SPJ elides a crucial distinction here: • Test the accuracy of information the First Amendment protects journalists from all sources and exercise care from governmental censorship, not necessarily from “decision making” related to to avoid inadvertent error. Delib- content made by media corporations.

80 ■ TOWARD AN EMPIRICAL ANALYSIS OF HATE SPEECH of the standards and thereby also pro- guest speakers and interviewees in vides a basis for identifying noncom- our analyses, alongside those of the pliance with widely held professional shows’ hosts, since their claims sup- standards. In contrast to other profes- ported positions with which the host sional organizations, however, the SPJ agreed. Each statement of fact was itself does not enforce its code. In- cross-checked with credible sources stead, it “encourage[s] the exposure of (published articles from academic and unethical journalism” and notes that national media sources; official, non- its code “is widely consulted and ap- commercial institutional Web sites). plied in newsrooms and classrooms as The claims summarized in Table 3 are the definitive statement of our profes- those that we were able to disprove or sion’s highest values and a helpful way question with reliable evidence. The to think about the specific and unique statements are organized into three journalism quandaries we confront degrees of unreliability: false claims, d ai l y.” which were proved to be untrue; un- While it is beyond the scope of this verifiable claims, which were based study to resolve the ongoing debate on facts that could not be verified; and over the relationship of news-talk ra- distorted claims, which were based on dio to journalism and professional facts that were exaggerated or taken codes of behavior, we do note that Lou out of context. Each claim was then Dobbs has served on the board of the correlated to a target—a vulnerable Society of Professional Journalists. In group or a supporter—that would be addition, all three shows analyzed here impacted negatively if the unsubstan- adopt a fact-finding, truth-exposing tiated claim were accepted as true. stance with regard to their programming content. While often imbued Results with considerable emotion, opinion is nevertheless usually presented as In the transcripts, readers identified based on fact. 114 fact-based claims. Of these, 37 percent (42 of 114) were unsubstantiated, with 11 proven false, 18 found Methodology to be unverifiable, and 13 found to be We employed a standard fact-check- distorted. The reliability of fact-based ing methodology for analyzing claims claims varied according to program: in the transcripts. Each transcript claims on The Lou Dobbs Show were was marked for explicit factual cita- 87 percent accurate; claims on The tions (figures, statistics, percentages) Savage Nation were 53 percent ac- and for arguments or assertions with curate; and claims on The John & strong factual implications. We in- Ken Show were 55 percent accurate. cluded fact-based claims made by In the transcripts, Lou Dobbs made

Harvard Journal of Hispanic Policy | Volume 25 | 2013 ■ 81 FEATURE ARTICLE | NORIEGA AND IRIBARREN three unsubstantiated claims, with a tiative to ban the construction of new guest making one in addition.vi Mi- fast-food outlets for one year in South chael Savage made one false claim Central Los Angeles, using these but a significant number of unverifi- claims to discredit a local elected of- able and distorted claims (eight in ficial (Jan Perry), disparage the “Mexi- each category). John Kobylt and Ken can diet,” and portray economically Chiampou made seven false claims, disadvantaged Blacks and Latinos as four unverifiable claims, and fiver inherently violent and undeserving of distorted claims; their guest made a the public’s support. As with the two similar number of false and unverifi- other programs, The Savage Nation able claims. made unsubstantiated claims related The targets of these unsubstanti- to immigration, but it also made un- ated claims were congruent with the substantiated claims with respect to a vulnerable groups and supporters that wider range of targets, including liber- are identified in the targeted state- als, Democrats, media, and advocacy ments. In The Lou Dobbs Showand groups. Other unsubstantiated claims The John & Ken Show, the unsubstan- focused on vulnerable groups identi- tiated claims related either entirely or fied by their race, religion, or sexual predominantly to undocumented im- orientation. migrants and governmental agencies or public officials that were character- Divisive Language (Deixis) ized as supporting them or facilitat- In examining media discourse, it is ing their negative impact on society. just as important to analyze word The unsubstantiated claims magnified choice and how rhetorical effects are the sense of an immigrant threat (at- used to appeal to listeners as it is to tributed alternately to immigrants as analyze the factual accuracy of state- criminals or public officials as accom- ments. For the pilot study, we focused plices), overstated the effectiveness on one particular way that language of the hosts’ preferred immigration establishes, maintains, or reinforces policies, and linked immigrant rights in-group status vis-à-vis a targeted advocacy groups to terrorism. In ad- out-group: deixis. dition to this focus on immigration, In linguistics, deixis refers to words The John & Ken Showmade eight un- or phrases that require contextual substantiated claims related to an ini- information in order for the reader or listener to grasp the denotational vi. We do not include Dobbs’s claim, “But, by God, I’m an anti-illegal employer meaning, that is, to understand the as well” (lines 985-986), which has been referent (who speaks, to whom and proven untrue (Nation, 25 October 2010); of whom, and where and when the that was not known at the time of the speech occurs) for the deictic term broadcast.

82 ■ TOWARD AN EMPIRICAL ANALYSIS OF HATE SPEECH All Claims 114 - All Sub stantiated Claims 27 19 26 72 - All Unsub stantiated Claims 4 17 21 42 Subtotal 3 1 0 17 7 9 5 Distorted Distorted Claims 0 0 0 8 2 3 0 13 Unverifiable Unverifiable Claims 3 1 0 8 2 2 2 18 False False Claims 0 0 0 1 3 4 3 11 Speakers Lou Dobbs Brimelow Peter Camarota Stephen Savage Michael Kobylt John Chiampou Ken Gilchrist Jim Table 3 —Summary of Unsubstantiated Claims by Type Claim Program Dobbs Lou Show Nation Savage & Ken John Show Total

Harvard Journal of Hispanic Policy | Volume 25 | 2013 ■ 83 FEATURE ARTICLE | NORIEGA AND IRIBARREN or terms (Lyons 1977; Rapaport et membership may establish evaluative al. 1994). For example, the sentence, predispositions toward both posi- “And now we don’t like those peo- tive and negative targets, depending ple over there” includes four terms on group membership, in a kind of that require contextual information: linguistic conditioning (Perdue et al. “now” (meaning at the present time), 1990). Hence, deixis provides an easy “we” (presumably, both the speaker and effective tactic at the level of lan- and the addressee), “those people” (a guage, rather than at the level of factu- third party previously mentioned), alness, for talk radio hosts to establish and “over there” (the spatial location and maintain a cognitive and ideolog- of “those people”). In effect, deictic ical bond with their audience.vii words “point” to specific persons, places, situations, values, ideologies, Methodology and/or group ascription in an often unconscious fashion. Deixis fre- Readers identified pronouns with a quently occurs between speakers in deictic function in the transcripts— the same speech community, where those that indicated in-group or out- members share the same discussion group status—such as “we,” “us,” “ours,” topics, values, and worldviews and “they,” “them,” and “theirs,” and also can therefore use deictic phrases “I,” “my,” “me,” “you,” “he,” and “his,” within their community without be- plus pronouns such as “these,” “this,” ing misunderstood. “those,” and “that” when they had a de- Because of their capacity to attri- ictic role. Each transcript was marked bute in-group and out-group status, for deictic phrases and words. Those collective pronouns carry a great de- that appeared to refer to a sociopoliti- ictic charge. In fact, they act as influ- cal, economic, or cultural division were ential shapers of perception and social vii. In a Los Angeles Times article on the cognition at a very fundamental level, National Tea Party Convention in Febru- determining group belonging or lack ary 2010, an attendee explained what she thereof. Research has demonstrated wanted from the movement: “Our way that collective pronouns utilized to of life is under attack. I truly believe they are trying to destroy this country. It’s just indicate in-group and out-group be- hard to say who ‘they’ is” (Hennessey longing play a powerful role in inter- 2010). The deictic phrasing reveals both group bias (Perdue et al. 1990). This the speaker’s fears for “our way of life” in is of great significance as perceived “this country” and her confusion about members of an in-group are thought the “they” posing the threat. Mass media to have more positive attributes in has the potential to provide contextual comparison to those of an out-group information that shapes these fears—and (Brewer 1979). Collective pronouns their us-versus-them configuration—by providing a clear referent for the deictic pointing at in-group and out-group term “they.”

84 ■ TOWARD AN EMPIRICAL ANALYSIS OF HATE SPEECH placed in charts for analysis. Most of in The Savage Nationfashioned U.S. these listed instances suggested an “us leaders (President Barack Obama, versus them” framework. Thus, each House Minority Leader Nancy Pelosi, deictic occurrence was linked to an and the Bush administration) as out implied or stated in-group, an implied of touch with the values of the Ameri- or stated out-group, or the targeted can public. One passage in The John vulnerable group. An explication of & Ken Show established the wealthy the social function of the passages con- as an out-group given their obsession taining deixis provides context for the with physical appearance and health, project as a whole (the results are sum- thereby situating its listeners some- marized in Table 4). where between high-income families and low-income communities. Results The class positioning for appearance (“their slenderness” in wealthy fami- Readers identified 37 passages that lies versus “everybody’s fat” in South relied primarily or extensively on de- Central Los Angeles) and health ictic phrases. The number of instances (“they take care of themselves” versus were similar across the three pro- “they don’t care”) carries strong racial grams, with 13 passages identified for and ethnic overtones for the poor, The Lou Dobbs Show, 12 for The Sav- which the program hosts describe as age Nation, and 12 for The John & Ken “that tribe” in “these areas.” Show. The deictic phrases used tended Michael Savage’s statement about to posit an insurmountable sociopo- a CNN report on gay Iraqis suggests litical, racial, or cultural divide be- how a speaker can use deictic phrases tween a show’s audience and targeted to aggregate multiple targets around vulnerable groups. Fourteen passages an apparently simple us-versus-them focused on vulnerable groups: 7 on statement. Savage dismissed the re- immigrants, 1 on sexual minorities, port, commenting, “If the first thing and 6 on the Black and Latino resi- they did with their freedom—that’s dents of South Central Los Angeles. what American men have died for so In another 15 passages, the target they can be gay in Iraq?” In the con- was supporters of vulnerable groups trast between “being gay in Iraq” and (elected officials, advocacy groups, “American men,” the passage suggests and the media): The Lou Dobbs Show that gay rights are in direct opposi- contained 5 of these passages, includ- tion to American values, as measured ing 3 that were focused on Latino by military casualties. Savage’s use of elected officials;The Savage Nation,6; “American men” rather than “Ameri- and The John & Ken Show,4. can troops” emphasizes masculinity In addition, three passages in The as a positive trait, but it also ignores Lou Dobbs Show and four passages the fact that American women served

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and died in the Iraq War. Savage’s rhe- Indexical Terms torical stance is to claim a dismissive Indexicality is a concept that emerges lack of interest (“please leave me alone out of linguistics as well as the phi- with that already”), but the effect of losophy of language. Like deixis, it the passage is to align Iraqis, homo- describes references whose meaning sexuals, gay rights, and the liberal me- is dependent on context. An indexical dia against Savage and his articulation includes any sign—linguistic expres- of “freedom” as defended by “Ameri- sion, behavior, or thing—that points can men.” to other concepts, objects, or senti- As a discursive tactic, deictic pas- ments. The classic example is smoke sages may even be more effective than as an index of fire, insofar as we as- explicit calls for action against vulner- sociate smoke as a sign that points to able groups, as it requires audiences fire. In this context, smoke means fire, to accept or at least be constantly since we understand that fire produc- aware of the underlying context (the es smoke. The relationship between speaker’s set of beliefs) in order to un- an indexical sign or code and what derstand the speaker’s comments. it signifies is not necessarily causal, however. As we saw in the discussion

Table 4 —Summary of Divisive Language (Deixis) by Targeted Group

Vulner- able Undocu- South Group mented Sexual L.A. High- Support- Immi- National Minori- Resi- Income Total by Program ers grants Leaders ties dentsa Families Program Lou Dobbs 5 5 3 0 0 0 13 Show Savage 6 1 4 1 0 0 12 Nation John & Ken 4 1 0 0 6 1 12 Show Totals 15 7 7 1 6 1 37 aThese passages also referred, directly or indirectly, to Latinos (who make up a majority of the area’s residents) and Blacks, and/or undocumented immigrants.

86 ■ TOWARD AN EMPIRICAL ANALYSIS OF HATE SPEECH of The John & Ken Show in the previ- of political nativism—the attitude or ous section, the hosts established the policy of favoring the native inhabit- word “appearance” as an indexical ants of a country over its immigrants. for wealth and “obesity” as an indexical for low-income Black and Latino Analysis of Sample families in South Central Los Ange- les. Analyses of indexicality offer in- Readers found that the speakers used sight into interpretative processes and indexicality in four ways in the sample the role of language in constructing segment: (1) the use of code words identity and societal attitudes (Inoue to establish Latinos, immigrants, and 2004; Ochs 1992). As Mary Bucholtz immigrant rights advocates as “other” and Kira Hall note, “Identity is the to the nation; (2) the use of rhythm, social positioning of self and other stress, and intonation (prosody) to em- [wherein] indexical associations can phasize nativist attitudes; (3) the rein- also be imposed from the top down by forcement of nativist attitudes through cultural authorities such as intellectu- word repetition; and (4) alignment be- als or the media. Such an imposed in- tween the hosts and guest. dexical tie may create ideological ex- Readers identified twenty passages pectations among speakers and hence in which indexical terms (code words) affect linguistic practice” (2005, 596). were used to identify certain groups as “other” to the nation. Terms such as “illegal alien,” “gangbanger,” “killers,” Methodology “anarchists,” “calamity,” and “domestic Given the large volume of data that terrorism” indexed Latinos, undocu- would be generated from coding all mented immigrants, and immigrant three transcripts for indexicality, we rights advocates, thereby associating focused on a sample drawn from these groups with crime, terror, and a one of the transcripts: ten minutes of foreign enemy. Heightening this mes- dialogue from The John & Ken Show sage was the juxtaposition of these between hosts John Kobylt and Ken terms with indices for a vulnerable Chiampou and guest Jim Gilchrist, home nation: “community,” “civilized founder and director of the Minute- community,” “freedom of speech,” man Project. During this segment “founding fathers,” “city,” and “coun- they discussed San Francisco’s sanc- try.” In seventeen passages, the speak- tuary policy in the context of murder er’s rhythm, stress, and intonation (and other crimes) and immigration heightened the indexical associations. (lines 45-267 of the transcript). This Rising pitch and syllabic emphasis on segment provides an example of the indices for crime, terror, and the identity construction as the “social enemy added a sense of urgency. Stut- positioning of self and other” by way ters and pauses when uttering usually

Harvard Journal of Hispanic Policy | Volume 25 | 2013 ■ 87 FEATURE ARTICLE | NORIEGA AND IRIBARREN positive or neutral words (“advocates,” indexical analysis revealed that only in “endorsing,” “supporting,” “preference one instance did they all fully align. In programs”) to describe immigrant seven instances, the hosts used differ- rights proponents indexed ridicule, ing words to refer to the same discus- disgust, and condemnation. Four sion topic, and in one instance they terms were repeated between three used the identical word but in refer- and six times each over the course of ence to differing interpretations of it. ten minutes: “illegal alien” (6), “anar- This lack of alignment does not signal chist” (3), “community or communi- lack of agreement (they are all anti- ties” (5), and “free speech” or “free- immigration), but rather an appeal to dom of speech” (4). The first two index different audience segments through a foreign enemy, and the last two in- different approaches to the same end. dex the home nation. Finally, readers identified lack of Analysis of Transcripts alignment among hosts and guests in the sample segment—passages where For the larger pilot study, we counted speakers did not use the same words the occurrence of four indexical terms and tried to advance different ideas. that had the highest number of repeti- Prosodic and rhetorical elements such tions in the ten-minute segment, ei- as interruption, talking over each ther as a single word or in a phrase: “il- other, and changing the subject also legal” (including illegals, illegal alien, indicated a lack of alignment. In the illegal aliens, illegal immigrants, ille- ten-minute sample John Kobylt and gal immigration), “anarchist,” “com- Ken Chiampou frequently did not munity” (including communities), align: Chiampou characterized the and “free speech” (including freedom protesters as advocating immoral- of speech, free press, freedom of the ity, while Kobylt identified them as press). We then counted the occur- free speech suppressors; Chiampou rences of these terms in the transcript wanted to talk about the specifics re- for each of the three programs, deter- lated to California Lieutenant Gov- mining frequency by speaker and to- ernor Gavin Newsom and a type of tals for each term (see Table 5). gun, while Jim Gilchrist wanted to implicate Newsom using generali- Findings ties. Gilchrist also wanted to advance Program hosts and guests repeated the idea that “safe” communities were the four indexical terms 101 times in now in danger. These differences were the transcripts. Terms including the reinforced through word frequency. word illegal accounted for 68 percent In the nine instances where Kobylt, (69 of 101) of these indexical utter- Chiampou, and Gilchrist seemed to ances, with most of them occurring in engage and concur with one another,

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The Lou Dobbs Show (44). Dobbs used self as a victim of the censorship of terms with illegal in them 31 times, the political left, specifically in regard and his two guests used the code to philanthropist George Soros and words a total of 13 times, in reference media watchdog Media Matters for to deportation, statistical data about America.viii In several instances, Sav- the decline of recent illegal immigra- age directly cited the activities of Me- tion, employers of undocumented dia Matters as an impediment to his immigrants, and immigration re- own freedom of speech and portrayed form. Dobbs most frequently used the the organization as detrimental to phrase illegal alien (or illegal aliens), personal freedom, national freedom, which dehumanizes undocumented and public knowledge. Savage also immigrants and strips away broader called for financial investigations of socioeconomic contexts and factors. Media Matters. Finally, Savage used Dobbs used one other code word, “anarchist” in the context of describ- community, which was not tabulated ing left-oriented politics. The term because it was used outside a nativist was used in combination with “social- framework (Dobbs spoke favorably ists, communists, and anti-American- of technological incentives within the ism” to characterize crowds attending “business community”). Obama’s campaign speeches in the Savage used the term illegal alien as United States and abroad. The term a jumping-off point in a criticism of was also used twice to describe Media government, civil servants (Califor- Matters as an organization that wants nia Attorney General Kamala Harris), to censor Savage’s views. and public policies (the sanctuary In The John & Ken Show, “illegal policy). But he also established “this alien” or some variation was used nine illegal alien” as an index not only for times, largely as an index of immoral- the specific gruesome murder of a ity and criminality. Like Savage, Kob- father and his two sons but also for ylt and Chiampou associated “illegal “murderers, rapists, and pornogra- alien” with violent crime: “triple-mur- phers” in general. Savage used the dering illegal alien.” They also used the other three terms to establish an us- phrase four times to qualify the terms versus-them contrast between him- advocates, advocacy groups, and pro- self and socially liberal groups. He testers, thereby casting these groups used “community” to attack liberal in immoral and criminal terms as values and lifestyles with regard to the Middle East and to criticize San viii. Media Matters for America de- Francisco as a liberal community in scribes itself on its Web site as a “progres- connection to the sanctuary policy. sive research and information center ded- In using the different iterations of icated to comprehensively monitoring, analyzing, and correcting conservative free speech, Savage positioned him- misinformation in the U.S. media.”

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Table 5 — Summary of Selected Indexical Terms

Total by Program Illegala Communityb Free Speechc Anarchist Program Lou Dobbs 44 0 0 0 44 Show Savage 16 2 12 6 36 Nation John & Ken 9 5 4 3 21 Show Totals 69 7 16 9 101 aCategory contains “illegal alien,” “illegal aliens,” “illegal immigration,” “illegal immigrants,” “illegal,” “illegals,” “illegal employers,” “illegal employees.” bCategory contains “community,” “communities.” cCategory contains “free speech,” “freedom of speech,” “free press,” “freedom of the press.”

well. Guest Jim Gilchrist did not use by which the following associations “illegal aliens,” but he did use “these are attached to immigrant rights ad- killers” in an indexical sense that vocates: “delusional,” “misinformed,” generalizes a single murder suspect “let’s suppress everyone else’s freedom to imply that all undocumented im- of speech,” and “domestic terrorists.” migrants are murderous: “They [San Interestingly, Chiampou used “an- Franciscans] don’t want these killers archist” in a different sense, distin- up here.” In the discussion, however, guishing between advocacy groups Gilchrist focused more attention on and “just anarchists who signed up the protests by immigrant rights ad- for the mayhem that day.” Gilchrist vocates as suppressing free speech, a responded by conflating both sens- point he repeats four times. Gilchrist es of the word around “domestic was the only speaker on the show to terrorism.” use “community” (five times), mostly as a reference point for fears about the Conclusion and Recom- dangers posed by undocumented im- mendations migrants. Finally, both host and guest used “anarchist” as an index for immi- The findings are based on data gen- grant rights advocates. For Gilchrist, erated from broadcast segments of “anarchists” becomes a code word thirty to forty minutes that were selected from three commercial talk

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The programs reveal a distinct and recurring rhetorical pattern for targeting specific vulnerable groups that relies on the systematic use of a combination of unsubstantiated claims, divisive language, and indexical terms that point to a nativist attitude. radio programs. Even using this antithetical to core American values, limited sample, the qualitative con- which were attributed by the hosts to tent analysis reveals a significant in- themselves, their audience, and the cidence of speech that incorporates nation. A significant and recurring in- targeted statements, unsubstantiated dexical construct was that of (Latino) claims, divisive language, and indexi- immigrants as criminals and, by ex- cal terms related to political nativism. tension, as an imminent threat to the Our analysis yielded no instances of American public. Latino immigrants the kind of hate speech that is defined were also linked to social institutions in the 1993 NTIA report as calling for that were presented as complicit with “immediate unlawful action” (U.S. immigrants. In this way, target groups Department of Commerce 1993). were characterized as both powerful Whether such speech exists on talk and a direct threat to the listeners’ way radio would require a broader study.ix of life (in some measure because they Based on the evidence we uncov- were seen as having captured major ered, the programs reveal a distinct social institutions such as the media). and recurring rhetorical pattern for What we see as most troubling in targeting specific vulnerable groups our findings is the extent to which that relies on the systematic use of this pattern relies on unsubstantiated a combination of unsubstantiated claims while the talk radio programs claims, divisive language, and indexi- situate themselves within the journal- cal terms that point to a nativist atti- istic context of “news” and “opinion” tude. Through this rhetorical pattern, directed at public policy debate. Al- vulnerable groups were defined as though our data included no explicit calls to criminal action, the programs ix. In an opinion piece on 1 August systematically placed unsubstantiated 2010, a Washington Post writer outlined claims in the context of divisive lan- a suggestive correlation between program guage and indexical associations that content targeting specific groups and vio- drew a sharp contrast between their lent acts (Milbank 2010).

Harvard Journal of Hispanic Policy | Volume 25 | 2013 ■ 91 FEATURE ARTICLE | NORIEGA AND IRIBARREN targets (vulnerable groups and those ion presented as an interpretation depicted as in collusion with them) of fact. These unsubstantiated and their ideologically aligned listen- claims further serve as the basis for ers, whom they sought to mobilize. In targeting vulnerable groups as an this regard, it is notable that the pro- immediate and direct threat to the gram hosts often utilized specific situ- program audience (and nation). ations and people to exemplify larger Other studies could attempt to themes. Thus, while the targets may measure the impact of particular dis- have been specific (a political figure, cursive patterns, figures of speech, a news organization, undocumented linguistic expressions, and unsub- immigrants), the discourse itself had stantiated claims that target vulner- bigger political or policy aims. able groups while also calling for ac- The primary goal of the pilot study tion on the part of listeners. was to establish a rigorous and rep- The major challenge for a study licable methodology for a full-scale of hate speech involves determining study or series of ongoing studies. Al- whether some speech on news-talk though the limited size of our sample radio conforms to one of the two does not provide a basis for definitive definitions for actionable hate speech: conclusions, our findings nonethe- speech that threatens or fosters the less identify several distinct features commission of hate crimes. In this re- of speech among the talk radio pro- gard, it is important to note that there grams and raise useful questions for a is no inherent statistical or numerical full-scale study. These include broader threshold for any of the analytical cat- studies into the extent and nature of: egories used in this study that could • The discursive pattern whereby thereby provide unequivocal evidence vulnerable groups are targeted but for the existence of hate speech or a calls for action are directed against climate of hate or prejudice. Indeed, those identified as supporters of determining a causal relationship be- vulnerable groups. tween media discourse and the commission of hate crimes against vul- • The use of dehumanizing meta- nerable groups would require other phors, divisive language (deixis), approaches that can measure impact. and indexical terms (nativist code In this regard, the pilot study lays the words) to establish targeted out- groundwork for developing scientific groups as outside the realm of le- studies that would provide evidence gal protection or participation in related to impact: for example, bio- public discourse. markers for increased aggression (based on evidence that salivary bio- • The use of unsubstantiated claims markers can measure aggression as as a cornerstone of political opin- demonstrated by Gordis et al. 2006),

92 ■ TOWARD AN EMPIRICAL ANALYSIS OF HATE SPEECH social psychology surveys, and social 1993 NTIA report’s recommendation network analysis (Wasserman and is more salient than ever: “To combat Faust 1994). We argue that qualita- hate speech with more speech.” But tive content analysis provides a neces- such a goal is also easier said than sary component of any such analysis, done. Indeed, one can reasonably ask, since it provides verifiable, precise exactly how and where will this “more delineations of program content. But speech” be spoken? the question about the relationship In the United States, the issue of between program content and hate hate speech has been framed largely crimes requires a multidisciplinary by First Amendment protections, fo- approach that can provide indicators cusing on freedom of speech and of for impact on different levels: physi- the press.x In some ways, the public ological, psychological, and social. discourse about free speech has be- Together, these approaches would come more about doctrine than pro- provide a more complete picture of cess, presuming that free speech is the nature and impact of program absolute and fixed rather than a free- content with respect to vulnerable dom from governmental restrictions groups. that must be defended and defined This project has numerous implica- through specific instances and for tions for policy development. In the which there have been notable excep- past, Latino groups have pushed for tions (sedition, war protests, obscen- change on three fronts with respect to ity, and, more recently, free speech media advocacy and policy: improv- zones). In the United States, the sys- ing on-screen and on-air portrayals, tem of checks and balances inherent increasing employment (for both tal- in the Constitution’s separation of ent and executives), and facilitating powers provides a necessary gover- media ownership. While our project nance context for adjudicating among does not explore the fine points of competing constitutional rights, for media policy or the public and politi- example, in the case of hate speech, cal debate that surrounds them, we do freedom of speech (First Amend- bring renewed attention to content is- ment) versus equal protection (Four- sues as they impact the Latino population. Our pilot study also highlights x. The First Amendment is actually the issue of codes of professional con- broader in scope: “Congress shall make duct for journalists. Moreover, our no law respecting an establishment of pilot project may generate questions religion, or prohibiting the free exer- about control over content produc- cise thereof; or abridging the freedom tion and distribution and how that of speech, or of the press; or the right of control affects the representation of the people peaceably to assemble, and to petition the Government for a redress of vulnerable groups. In this regard, the grievances.”

Harvard Journal of Hispanic Policy | Volume 25 | 2013 ■ 93 FEATURE ARTICLE | NORIEGA AND IRIBARREN teenth Amendment). UCLA colleagues, Otto Santa Ana Furthermore, in adjudicating and Darnell Hunt, provided valuable among competing claims and claim- consultation during the early devel- ants, the government also plays an opment of the project. This research indirect role in restricting speech, as is supported in part by a grant from in the case of libel suits. With respect the Necessary Knowledge for a Dem- to broadcast media, the government ocratic Public Sphere Program of the determines which corporate interests Social Science Research Council with are allocated radio frequency (and, funds provided by the Ford Founda- hence, access to speech within ex- tion. The program supported col- pansive media), defines a regulatory laborations between researchers and framework that has a direct impact on advocacy groups. This research proj- programming formats (and, hence, ect is a strategic partnership between on content), and plays an explicit the UCLA Chicano Studies Research role in imposing fines and censorship Center and the National Hispanic around specific content. Our goal is Media Coalition. Additional support not to question freedom of speech but was provided by the W. K. Kellogg rather to acknowledge that it exists in Foundation, as well as by the UCLA the context of the entire U.S. Consti- Graduate Division. tution and our corresponding gover- nance system. In addressing the issue * Transcripts of all data used in the of hate speech and its relation to hate above can be accessible on the Harvard crimes, we need the “more speech” of Journal of Hispanic Policy website, sound research on the phenomenon www.harvardhispanic.com. itself, so that we have some basis other than unsubstantiated claims by which References to understand who says what, about whom, and to what effect on the pub- Barrett, Janet R. 2007. The researcher as lic airwaves. instrument: Learning to conduct qualitative research through analyzing and interpreting a choral rehearsal. Music Educa- Acknowledgments tion Research 9(3): 417-433. Student researchers included Hec- Boone, Daniel N. 1999. The cogent rea- tor Peña, Raul Lugo, Alex Lee, Addy soning model of informal fallacies. Infor- Figueroa, Katherine Branson, Kristy mal Logic 19(1): 1-39. Norindr, Melany Bertrand, Antonio Brewer, Marilynn B. 1979. In-group bias Anfiteatro, and Clifford Hilo. We in the minimal intergroup situation: A would like to recognize the excep- cognitive- motivational analysis. Psycho- logical Bulletin 86(2): 307-324. tional contributions of Hector Peña and Clifford Hilo to this project. Our Bucholtz, Mary, and Kira Hall. 2005. Identity and interaction: A sociocultural

94 ■ TOWARD AN EMPIRICAL ANALYSIS OF HATE SPEECH linguistic approach. Discourse Studies 7(4- tion. Informal Logic 29(4): 337-367. 5): 558-614. Halpin, John et al. 2007. The struc- Bushman, Brad J., and Craig A. Anderson. tural imbalance of political talk 2001. Media violence and the American radio. A joint report by the Center for public: Scientific facts versus media mis- American Progress and Free Press. information. American Psychologist 56(6- Hennessey, Kathleen. 2010. “Tea Party” 7): 477-489. convention a forum for woes, worries. Los Butler, Judith. 1997. Excitable speech: A Angeles Times, February 6, A11. politics of the performative. New York: Houston Santhanam, Laura et. al. 2012. Routledge. Audio: By the numbers. State of the news Cortese, Anthony. 2006. Opposing hate media 2012: An annual report on Ameri- speech. Westport, CT: Praeger. can journalism. The Pew Research Cen- Dharmapala, Dhammika, and Richard ter’s Project for Excellence in Journalism. H. McAdams. 2003. Words that kill: An Inoue, Miyako. 2004. What does language economic perspective on hate speech and remember? Indexical inversion and the hate crimes. University of Illinois Law and naturalized history of Japanese women. Economics Research Paper No. LE02-004. Journal of Linguistic Anthropology 14(1): Federal Bureau of Investigation. 2004. 39-56. Hate crime statistics, 2004. Uniform Kellow, Christine L., and H. Leslie Steeves. Crime Reports. 1998. The role of radio in the Rwandan ———. 2008. Hate crime statistics, 2008. genocide. Journal of Communication Uniform Crime Reports. 48(3): 107-128. Finocchiaro, Maurice F. 1981. Fallacies Kondracki, Nancy L., and Nancy S. Well- and the evaluation of reasoning. American man. 2002. Content analysis: Review of Philosophical Quarterly 18(1): 13-22. methods and their applications in nutrition education. Journal of Nutrition Edu- Gordis, E.B. et al. 2006. Asymmetry be- cation and Behavior 34(4): 224-230. tween salivary cortisol and alpha-amylase reactivity to stress: Relation to aggressive Kövecses, Zoltán, et al. 2010. Metaphor: behavior in adolescents. Psychoneuroen- A practical introduction. London: Oxford docrinology 31(8): 976-987. University Press. Govier, Trudy. 1982. Who says there are Lendman, Stephen. 2006. CNN’s vice pres- no fallacies? Informal Logic Newsletter ident of racism and associates. Montreal: 5(1): 2-10. Centre for Research and Globalization. Groarke, Leo. 2012. Informal logic. In The Lewis, Anthony. 2007. Freedom for the Stanford Encyclopedia of Philosophy (Fall thought that we hate: A biography of the 2012 Edition). Stanford, CA: Metaphys- first amendment. New York: Basic Books. ics Research Lab, Center for the Study of Lyons, John. 1977. Semantics. Vol. 2. Lon- Language and Information, Stanford Uni- don: Cambridge University Press. versity. Mayring, Philipp. 2000. Qualitative con- Hahn, Ulrike et al. 2009. Argument content analysis. Forum: Qualitative Social tent and argument source: An explora- Research 1(2).

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Meddaugh, Priscilla Marie, and Jack Kay. Tolmach Lakoff, Robin. 2001.The lan- FEATURE ARTICLE 2009. Hate speech or “reasonable racism?” guage war. Berkeley: University of Cali- The other in stormfront.Journal of Mass fornia Press. Media Ethics 24(4): 251-268. U.S. Census Bureau. 2011. State and coun- Milbank, Dana. 2010. Glenn Beck and the ty quickfacts for 2011 estimate. Oakland shooter. Washington Post, Au- U.S. Department of Commerce. 1993. The gust 1. role of telecommunications in hate crimes. Neiwert, David. 2009. The eliminationists: National Telecommunications and Infor- How hate talk radicalized the American mation Administration (NTIA). Washing- right. Sausalito, CA: PoliPoint Press. ton, DC: Government Printing Office. O’Connor, Rory. 2008. Shock jocks, hate Wasserman, Stanley, and Katherine Faust. speech & talk radio. San Francisco: Alter- 1994. Social network analysis. Cambridge: Net Books. Cambridge University Press. Ochs, Elinor. 1992. Indexing gender. In Rethinking context: Language as an inter- active phenomenon, 335–358. Edited by A. Duranti and C. Goodwin. Cambridge: Cambridge University Press. Perdue, Charles W. et al. 1990. Us and them: Social categorization and the process of intergroup bias. Journal of Person- ality and Social Psychology 59(3): 475-486. Pew Hispanic Center. 2007. 2007 National survey of Latinos: As illegal immigration issue heats up, Hispanics feel a chill. Washington, DC: Pew Hispanic Center. Rapaport, William J. et al. 1994. Deictic centers and the cognitive structure of narrative comprehension. Buffalo, NY: Center for Cognitive Science, State University of New York at Buffalo. Santa Ana, Otto. 2002. Brown tide rising: Metaphors of Latinos in contemporary American public discourse. Austin: Uni- versity of Texas Press. Slagle, Mark. 2009. An ethical exploration of free expression and the problem of hate speech. Journal of Mass Media Ethics, 24(4): 238-250. Society of Professional Journalists. 1996. Code of ethics.

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THE IMPORTANCE OF PREPARING TEACHERS TO EDUCATE VULNERABLE POPULATIONS

By Blanchi Roblero

Blanchi Roblero was born and raised in Ecuador and moved to New York City in 2001. She attended Hunter College for her undergraduate studies and received her master’s degree in education leadership, politics, and advocacy from New York Univer- sity (NYU). After leaving NYU, Roblero translated articles for the United Nations Vol- unteer magazine as a volunteer and served as an auxiliary volunteer police officer at the 26th Precinct. She also received many academic honors; Roblero was chosen for the Ron- ald E. McNair Fellowship, the Hunter College Achievement Team, and the Summer Fel- lowship at the Academy for Public Policy Analysis and Research at the Urban Institute in Washington, DC. During her time at the Congressional Hispanic Caucus Institute, she had the opportunity to work with the U.S. Department of Education’s White House Initiative on Educational Excellence for Hispanics as well as with the office of Senator Charles E. Schumer. Currently, she works as a confidential assistant at the U.S. Depart- ment of Education’s Office of Legislation and Congressional Affairs in Washington, DC. FEATURE ARTICLE | ROBLERO

of our student population and neglect their need for both quality education Abstract and well-trained teachers, the out- In the midst of federal budget discus- come can only be one of an unedu- sions, the field of education has been cated and unprepared workforce. targeted with large cuts that affect the stability of the teaching profes- Introduction sion. Today, teachers are penalized for not closing the achievement gap and he civil rights movement and not preparing students to be able to the war on poverty in the compete globally. Although teacher 1960s provided the political Tcontext for passage of the Elementary requirements and preparation vary across the nation, most states con- and Secondary Education Act (ESEA) tinually fail to adequately prepare of 1965. This was a period when teachers to educate students, par- educational inequity became a na- ticularly vulnerable populations like tional concern. The primary purpose English language learners (ELLs). As of ESEA was to help schools better the reauthorization of the Elementary serve the “special educational needs

Today, teachers are penalized for not closing the achievement gap and not preparing students to be able to compete globally. and Secondary Education Act moves of educationally deprived children” forward, we need to ensure that the (Crawford 2011). Over time and with needs of ELLs and their teachers take the reauthorization of this legislation priority. Legislators must add provi- under the administration of Presi- sions requiring general education dent George W. Bush in 2002, the fo- teachers to earn specific credentials cus of the law (also known as the No and participate in professional de- Child Left Behind Act) expanded to velopment to advance both linguis- include numerous other objectives, tic and academic proficiency for ELL such as ensuring that educators are students. The academic success of highly qualified and allowing for an ELL students is in the best interest of increase in accountability in order to the United States, both economically both reward and sanction educators. and in terms of equity in education. This new version of the legislation ex- If we continue to overlook 25 percent panded the federal role in education

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Legislators must add provisions requiring general education teachers to earn specific credentials and participate in professional development to advance both linguistic and academic proficiency for English language learner students. and took particular aim at improv- should be afforded to all students. ing the educational realities of disad- In October 2011, the Los Angeles vantaged students. At the core of the Unified School District (LAUSD) ESEA reauthorization legislation were agreed to improvements in the way a number of measures and mandates it teaches ELLs after a nineteen- designed to drive broad gains in stu- month investigation by the U.S. dent achievement and to hold states Department of Education’s Office and their schools accountable for stu- for Civil Rights. The investigation dent progress (Kirst and Wirt 2009, found that 30 percent of students 294-297). were denied equal educational op- Since last reauthorized, this law portunities by not affording ELLs revealed significant educational access to core academic classes re- disparities among students of color, quired to graduate and enroll in col- low-income students, migrant stu- lege or job training programs. One dents, students with disabilities, and factor that contributed to this ineq- English language learners (ELLs). uity is the large number of unpre- However, the mandates of this law pared teachers designated to teach have not improved the conditions ELL students (U.S. Department of of these students attending public Education 2011). One of the ways schools. Many components of ESEA in which the LAUSD case was represent unrealistic expectations; solved was to provide professional for instance, the expectation that development to improve the quality ELL students are to achieve content of teachers of ELLs. However, the knowledge before they master the nation should not wait until school English language is problematic not districts violate the rights of these only for the students but also for the students in order to provide them teachers. with well-qualified instructors and High-quality and effective edu- equal education (U.S Department cation through prepared teachers of Education 2011). As the reautho-

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However, the nation should not wait until school districts violate the rights of these students in order to provide them with well-qualified instructors and equal education. rization of ESEA moves forward, writing, reading, or speaking English we need to ensure that the needs of to the extent that it may be detrimen- ELLs and their teachers take priori- tal to their success in society (U.S De- ty and are effectively addressed. The partment of Education 2008). Despite academic achievement of this group common assumptions, most ELLs are of students will contribute to the not immigrants. Actually, 84 percent success of the United States econo- of this population is born within the my by providing a fast-growing and United States, and 76 percent of ELLs well-educated labor force. in elementary school and 54 per- Moreover, it is necessary to high- cent of ELLs in secondary school are light the importance of funding native-born (Capps et al. 2005). This within ESEA. Titles II and III of student population is not only the ESEA specifically authorize pro- fastest growing in the United States grams that provide funding and but it also has the highest high school management support for the profes- dropout rate at 25 percent and lower sional development of general edu- academic achievement in comparison cation teachers and of those who to its peers, whose dropout rate is 15 teach ELLs. This article will address percent (Van Roekel 2008; Maxwell the complexities of funding and 2011). This jeopardizes a well-educat- developing programs for teachers ed workforce that must compete glob- of ELLs. It will also discuss ways to ally. improve the training of teachers in In the past fifteen years, ELL stu- this field while simultaneously im- dents have doubled to five million, proving the academic achievements and it is predicted that by 2015 this of ELLs. population will increase to ten million. More importantly, by 2025, it English Language Learners is projected that one out of every four students in public schools will English language learners, as defined be an English language learner (Van by Title IX of ESEA, are students be- Roekel 2008). Today, about 12 per- tween the ages of three and twenty- cent of students in public schools one who have difficulty listening to, across the nation are ELLs; they

100 ■ THE IMPORTANCE OF PREPARING TEACHERS are part of federal legislation, and rooms, it is now the responsibility therefore great attention should be of general education teachers to ed- paid to them when creating com- ucate ELLs (Van Roekel 2008). The prehensive education policies. obligation of ESEA is to ensure that professional development and other The Education of ELLs tools are available to teachers so they can fulfill these expectations. The 1965 ESEA defines the goal of education for ELLs and immigrant students as preparing students to Federal Funding enter and participate in school with Title II the knowledge and skills necessary to achieve at the same high aca- Title II of ESEA provides approxi- demic level at which their peers are mately $3 billion annually to sup- expected to achieve. Still, there are port local and state-level activities some circumstances that prevent this to improve teacher quality and con- from happening. For example, ESEA sequently improve student achieve- prohibits ELLs from being removed ment. For the most part, these funds from core academic classes; as a re- are spent at the district level on pro- sult, general education teachers are fessional development and class size responsible for both content and lan- reduction. Since 2002, federal fund- guage learning for the students. This ing for professional development has prohibition has been in place since increased; however, research on the 2001 and designates more responsi- effectiveness of these development bilities to general education teachers; programs is limited. however, development and training A recent review of nine rigorous for educators continues to lag behind, studies found that adequate pro- thus creating a serious problem for fessional development for teachers both the educator and the student could boost student achievement (Leos and Saavedra 2010). by 21 percentile points (Chait and As the number of ELL students Miller 2009). This review also con- increases, educators will continue cluded that training lasting fourteen to encounter the challenge of pro- hours or less would not yield posi- viding effective second language in- tive effects on either the teacher’s struction and academic content. In development or the achievement of the past, the responsibility of ELLs’ the students. This finding may sug- learning fell on the shoulders of bi- gest a different approach in the al- lingual teachers. However, as ELLs location of Title II funds for profes- today spend the largest percentage sional development programs and of their schooling in regular class- monitoring of development courses

Harvard Journal of Hispanic Policy | Volume 25 | 2013 ■ 101 FEATURE ARTICLE | ROBLERO for content areas as well as English teachers do not have the adequate as a second language. preparation to provide highly effective instruction to this population of Title III students (Ballantyne et al. 2008). Rosalinda Barrera, former assis- The creation of Title III in the ESEA tant deputy secretary and director reauthorization of 2002 marked a new of the Office of English Language federal approach to provide high- Acquisition (OELA) at the U.S. De- quality instruction that meets the partment of Education, has empha- needs of ELLs. States are awarded fed- sized the fact that there is a short- eral formula grants that take into ac- age of prepared teachers who can count the number of immigrant and effectively address the needs of ELL ELL students in each state. School and students in the classroom (Barrera division-level programs supported et al. 2011). Moreover, the data pre- with Title III funds must provide re- sented in Table 1 shows that many search-based instruction designed to states are not focused on teachers of help ELL students develop fluency in ELLs or their participation in pro- English and achieve state standards in fessional development. This also core academic content areas. Title III supports Barrera’s statement, show- also supports high-quality profession- ing that only thirty-three states have al development for classroom teach- English language standards, and out ers, principals, administrators, and of these states, only three (Arizona, other school or community-based or- Florida, and New York) require all ganizational personnel to improve the teachers to show competence in instruction and assessment of ELLs English language instruction (Na- (U.S. Department of Education 2008). tional Center for Education Statis- tics 2009). Failing to meet the most Preparing Teachers to efficient requirements within stan- Educate ELLs dards will affect not only individual students but also the competency of Although teacher requirements and this country. preparation vary across the nation, ELLs constitute a significant por- most states fail to adequately prepare tion of the school-age population teachers to educate students, par- and encounter additional educa- ticularly vulnerable populations like tional challenges compared to their ELLs. Current demographic shifts in counterparts. For example, control- the United States show that it is likely ling for other factors, these students’ that all teachers, at some point in their academic performance is far below careers, will encounter a student who that of their peers, reflecting ex- is not fully proficient in English. Many tremely high dropout rates. Looking

102 ■ THE IMPORTANCE OF PREPARING TEACHERS at the academic career of this population or English as a second language tion, teachers prove to be an impor- (ESL) are not prepared to meet the tant factor in improving academic needs of these students. This is a performance. An increasingly large challenge that must be overcome body of research has established the given that most general education importance of professional develop- teachers have at least one ELL stu- ment for student learning as it al- dent in their classroom but only 29.5 lows teachers to share their concerns percent of those teachers have been and support one another in finding exposed to any kind of training in ways to work effectively with ELL the field (Ballantyne et al. 2008). In students (Van Roekel 2011). addition, as the ELL student popu- Teachers of ELLs are in need of lation continues to increase across practical, research-based informa- the nation, only twenty states re- tion, teaching strategies, and profes- quire incoming teachers to receive sional development to evaluate and training for working with ELLs educate ELLs. In 2005, a survey of (Ballantyne et al. 2008). It is vital California teachers showed teach- to address the need for professional ers’ frustration with the absence development regarding ELLs, as of, or minimal amount of, profes- many more educators will encoun-

Only one out of five professional development programs offers a full course on English language learners (ELLs), and 30 percent or less of all teachers have had any relevant training pertaining to the education of ELLs. sional development or in-service ter the challenge of providing effec- workshops regarding ELL students tive second language instruction in (Gándara et al. 2005). their classroom. ELLs require teachers who are According to OELA, teachers and skilled in a variety of instructional, principals are not being trained, pedagogical, and cultural strategies. and more teachers without an ESL Recent research on teacher prepara- background are now responsible for tion suggests that general education teaching ELLs (Barrera et al. 2011). teachers who do not hold a license In addition, only one out of five or certification for bilingual educa- professional development programs

Harvard Journal of Hispanic Policy | Volume 25 | 2013 ■ 103 FEATURE ARTICLE | ROBLERO offers a full course on ELLs, and 30 In addition, the American Educa- percent or less of all teachers have tional Research Association published had any relevant training pertaining an article showing that the most im- to the education of ELLs (Barrera portant influence on student success et al. 2011). Clearly, there is a great is what teachers learn (Holland 2005). urgency for development programs. Professional development should aim to improve teachers’ knowledge, and

Teachers themselves have expressed their dissatisfaction with the lack of resources and the feeling of unpreparedness to teach English language learners.

The Need for Additional it should enhance their understanding of student thinking in the subject Teacher Training for ELLs matter as well as English acquisition. Despite ongoing debates about Aligning substantive training with the whether teachers make a difference classroom curriculum and teachers’ in student learning, many studies actual work experiences is vital to the show that the most important fac- success of teachers and their students. tor affecting student learning is the Teachers themselves have ex- teacher. An article in the Future of pressed their dissatisfaction with the Children highlights the quality of in- lack of resources and the feeling of struction as the most significant fac- unpreparedness to teach ELLs. These tor when educating ELLs (Calderón teachers often find themselves strug- et al. 2011). The obvious conclusion of gling with a lack of pedagogical skills this finding is that more can be done and the absence of professional de- to better education by improving the velopment to gain linguistic, cultural, effectiveness of teachers than by any and instructional knowledge of this other single factor. Effective teachers group (Gándara et al. 2005). Table appear to be successful with students 2 illustrates the lack of support for of all achievement levels. If the teach- teacher development across states. er is ineffective, students under that This table shows that only thirty-one teacher’s guidance achieve inadequate states require school districts to align progress academically (Calderón et al. professional development with local 2011). priorities and goals and that only six-

104 ■ THE IMPORTANCE OF PREPARING TEACHERS teen states require schools to actually instruction for ELLs in the classroom. set time aside for development (Na- Teachers should make sure the les- tional Center for Education Statistics sons provide comprehensible input 2012). Professional development is for students and link new learning essential for the success of teachers to ELLs’ prior knowledge. Literature working with vulnerable populations in the classroom should reflect mul- as well as all for the students’ learn- tiple ethnic, language, and cultural ing. General education teachers must perspectives. Culturally responsive be aware of the areas in which ELLs teachers contribute to the success of may encounter challenges and also students in an academic and social be exposed to training programs that environment (Gay 2002). will give them guidance and support New research continues to identify in working with these students. additional techniques for professional development. For example, Kenji Effective Techniques of Hakuta, a professor at the Gradu- ate School of Education at Stanford Professional Development University and a long-time expert on Experts in the field have discovered ELLs, as well as the Bill and Melinda different approaches that can improve Gates Foundation are collaborating the instruction of teachers when edu- to create a team that will work with cating ELLs. One successful program national ELL experts and educators includes a cultural component that to identify the academic language maximizes the opportunities of ELLs required in different content areas by understanding different cultural and to develop an open-source plat- backgrounds. Geneva Gay, profes- form of resources to help teachers of sor of education at the University ELLs implement the new standards. of Washington-Seattle, emphasizes The team will test samples of curri- teaching all students to learn about cula with frameworks, lesson plans, their own culture and appreciate the teacher professional development, cultures of others; this approach helps and other resources based on federal develop a good relationship with the standards. Subsequently, the team will teacher and provide the support that work with the Council of the Great ELLs need in order to overcome chal- City Schools in Washington, DC, lenges in the classroom (2002). to test them in classrooms (Sparks Effective techniques exist and are 2011). Initiatives like this should be recommended for educating these supported and studied to identify ef- students; for example, teachers should fective techniques in the classroom strive to help ELLs feel comfortable and to incorporate them into the pro- in their classroom to facilitate their fessional development of teachers. learning. Gay suggests differentiating In addition, Margarita Calderón,

Harvard Journal of Hispanic Policy | Volume 25 | 2013 ■ 105 FEATURE ARTICLE | ROBLERO senior research scientist and professor teacher development. OELA initi- at Johns Hopkins University, made a ated the Delta program and allocated clear distinction by expressing that grants for 8,000 teachers, totaling effective professional development about $40 million since 2002. The Del- for teachers who work with language- ta training program studies the rela- minority students must be very dif- tionship between teacher preparation ferent from standard professional and the achievement of ELLs in K-12. development. In particular, she noted, Recent teacher graduates from Delta professional development needs to be determine the effectiveness the pro- ongoing throughout the school year fessional development program and and for many years (Calderón et al. make improvements in the curricu- 2011). Teachers need preparation that lum and instruction of the program. integrates language, literacy, and sub- Interestingly, one observation was that ject matter knowledge for teaching bilingual teachers felt more prepared diverse populations, and staff devel- to teach ELLs. The clinical experi- opment that is outcomes-based, com- ence or direct experience with ELLs prehensive, and provides enough time was looked at as the most helpful and and tools for improvement (McBride beneficial aspect in being prepared to 2008). educate ELLs (Barrera et al. 2011). Some comprehensive models that The time teachers spend in profes- overhaul how schools address the sional development makes a difference needs of ELLs have been shown to be as well, but only when the activities fo- effective. One model that motivates cus on high-quality instruction. High- this change is Quality Teaching for quality instruction should be cultur- English Learners, which emphasizes ally appropriate for the students being professional development for second- served and must prepare all students ary school general teachers, as well as to be part of a competitive workforce. ELL specialists, to learn how to en- Fourteen hours or less of training will gage ELLs. An evaluation of the first not have any effect on student achieve- two years of the program in a high ment; therefore, teachers must be ex- school in the Austin Independent posed to significant training varying School District in Texas concluded from thirty to fifty hours (Chait and it was “moderately effective.” Since Miller 2009). Extended opportunities then, districts in San Diego and New to better understand student learn- York City have also implemented it ing, curriculum and instruction, and (Zehr 2011). subject matter content can boost the In addition, the U.S. Department of performance of both teachers and stu- Education has made efforts to change dents (Holland 2005). the devastating statistics on ELL stu- After presenting different initia- dents’ achievement by increasing tives and forms of development, it

106 ■ THE IMPORTANCE OF PREPARING TEACHERS can be seen that research is one of the riences, using actual curriculum most important factors in creating materials and assessments. highly qualified educators for ELLs. Research that examines how to better • Provide adequate time for profes- measure the impact of professional sional development and ensure that development programs, compares extended opportunities are pres- models, and offers large-scale repli- ent in order to emphasize the ob- cation of effective models is needed servation and analysis of students’ (McBride 2008). understanding of the instruction. Teachers should receive thirty to fifty hours of professional develop- Program Recommenda- ment training. Anything less will tions for Practitioners not yield any positive effects. Schools seeking to provide high-qual- A strict evaluation of the profes- ity development for teachers in the sional development system must be ELL field must be aware of what does put in place. Most states and school and does not work. These professional districts do not know how much development programs should do the money is spent on professional devel- following: opment for teachers or what the ben- • Establish high standards for aca- efit is because they do not systemati- demic content within lesson plan- cally evaluate how well the additional ning and ELL language acquisi- training works. An effective evaluation, instruction, and testing. This tion includes an examination of actu- would require general education al classroom practices, the impact of teachers to be held to the same the training on teacher behavior, and standards as any bilingual teacher the effect this has on student learning. operating in the school. As Holly Holland notes, “Evaluation should be an ongoing process that • Ensure use of effective pedagogy starts in the earliest stages of program skills and knowledge on ELLs. planning and continues beyond the end of the program” (2005). • Demonstrate how to implement strategies that simultaneously integrate language and content learn- Policy Recommendations ing as well as exposure to success- for Policy Makers ful instructional approaches that The federal government has very increases the academic achieve- limited power in setting education ment of ELLs. policies across the nation. But under ESEA and its guidelines, this power • Align teachers’ learning opportu- has increased and is currently influ- nities with their real work expe-

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encing policy at the state and local sessment of ELLs as well as teach levels. Amid all the issues targeting ELLs the academic language re- the education of our country, the quired to successfully access aca- teaching profession should not be demic content. ELL experts need overlooked. Policy makers need to to be involved at every level of de- ensure that a reauthorized ESEA does sign and implementation to close the following: the achievement gap this specific • Introduces teacher training re- group currently faces. These indi- quirements that address the viduals’ expertise and knowledge unequal distribution of highly of the ELL community and their qualified teachers across districts. teachers could serve as a guide and These provisions are necessary so outline of what legislation should that students can be guaranteed an focus on in order to have educa- effective education. These could tors teaching vulnerable students be further strengthened for ELLs like ELLs in an effective and sub- by requiring general education stantive manner. teachers to be properly trained, • Advises research to determine a as demonstrated by specific cre- baseline for adequate funding of dentials and professional devel- ELL programs and require states opment to advance both language to dedicate at least that amount and academic proficiency in ELLs, to ELL programs as a condition thus making these teachers highly of receiving ESEA and Title III qualified (August et al. 2011). funds (Crawford 2011). Educating • Promotes and supports teacher ELLs is more costly than educating preparation and training by al- non-ELLs. Therefore, we need to locating a $1 million award per make sure that we allocate the right state through competitive grants. amount of funding to support pro- We need to fund programs that fessional development programs build the capacity of general edu- that will yield well-trained teach- cation teachers and ESL educators ers to educate these students. to differentiate instruction and as-

Policy makers need to ensure that a reauthorized ESEA introduces teacher training requirements that address the unequal distribution of highly qualified teachers across districts.

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• Allocates funds of Title II to spe- mensions of academic English, cific activities at the district level particularly, training for teachers. that will improve the quality of As a consequence, ESEA should professional development for also strive to incentivize profes- general education teachers edu- sional development for teachers cating ELLs. Since 2002, the fund- with the goal of having at least 70 ing for professional development percent of teachers be highly qual- has increased. However, monitor- ified—meaning having skills to ing of development programs and teach both content and language their effectiveness has not been to ELLs by the year 2020. There measured (Chait and Miller 2009). must be ongoing federal support The reauthorization of ESEA needs toward programs like the National to design a system of oversight to Professional Development (NPD) observe where the funds are going program, which is the only federal and how effective these funds are program that targets training for per development program. personnel that serve ELLs. Since 2002, NPD has been able to allo- • Ensures that school districts have cate grants for 8,000 teachers, train reliable systems for evaluating the 1,700 teachers through in-service, impact of professional develop- and support the completion of ment on teachers’ practices and teachers’ ESL certification. How- student learning. More attention ever, this number should be larger needs to be paid to the kind of de- given the growing ELL student velopment program that is imple- population (Barrera et al. 2011). mented, and its success should be shown by data-driven measures. • Raises the current appropriations Database decision making should cap under Title III by 15 percent promote systematic collection of for teacher preparation. ELL en- data to build evidence of the ef- rollments are expanding through- fectiveness of the programs. Dis- out the country, especially in sev- tricts also have to do a better job eral states where school personnel with advancing the requirement to have limited experience and ex- show teacher competency to ELLs pertise in serving these students. after completing any professional Therefore, under Title III, Con- development training. gress should lift the cap on appropriations for pre- and in-service • Guarantees resources to selected preparation of bilingual and ESL states to work toward the develop- teachers and also set aside 15 per- ment of a broad national frame- cent of Title III funds for the NPD work that captures the many di- program (Crawford 2011).

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Summary and classrooms. This must include expanding the capacity to culturally The federal government must be com- and academically prepare teachers. mitted to improving the education of Through Title II, the federal govern- ELL students by providing assistance ment should provide support to states in the development of training pro- and districts that have a curriculum of grams for general education teach- professional development for teachers. Funding and spending have been ers in order to prepare them to work taken into account with these recom- with ELLs. Educators must be em- mendations, which is why policy mak- powered and stimulated to establish ers must be aware that professional positive responses to any challenges development needs to be looked at as that educating an ELL may present to a long-term process instead of just fo- them. Lastly, we need to have a clear cusing on short-term needs of certain understanding that investing in an education agendas. In addition, there educational model that addresses the should be less expansion of resources needs of ELL students and creates pro- without research-based evidence of fessional development programs for quality of training programs. teachers requires collaboration, dis- Investment in professional devel- cipline, and coordination throughout opment is essential for closing the the education field as well as Congress. achievement gap among students. Policy makers cannot focus only on the pipeline for new teachers but References must also promote development for August, Diane et al. 2011. Elementary and existing teachers that have been in the Secondary Education Act: Letter to Chair- field for years. There has to be more man Harkin. The Working Group on ELL emphasis for teachers to attend work- Policy. shops that will sharpen their skills to Ballantyne, Keira G., Alicia R. Sander- better educate ELLs. Funds that are man, and Jack Levy. 2008. Educating Eng- currently allocated in Title II of ESEA lish language learners: Building teacher could be redistributed in a way that capacity. National Clearinghouse for Eng- will lead to improvements in ELLs lish Language Acquisition. by ensuring that funds are used in Barrera, Rosalinda et al. 2011. Cre- efficient ways. Funding for teacher ating a diverse and high qual- development should align with stra- ity teaching workforce for the tegic goals and perhaps channel these 21st century. Session of panelists at the Congressional Hispanic Caucus Insti- funds toward competitive grants that tute, Inc.’s Hispanic Heritage Month present greater results. Public Policy Conference. Washington, ESEA must support the develop- DC, September 11-13. ment of effective teachers in schools Calderón, Margarita, Robert Slavin, and

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Marta Sánchez. 2011. Effective instruc- Maxwell, Lesli A. 2011. Long-term ELLs tion for English learners. The Future of more likely to drop out, study finds.Edu - Children 21(1): 103-127. cation Week, December 15. Capps, Randy et al. 2005. The new demog- McBride, Amanda. 2008. Addressing raphy of America’s schools: Immigration achievement gaps: The language acquisi- and the No Child Left Behind Act. Wash- tion and educational achievement of Eng- ington, DC: Urban Institute. lish-language learners. ETS Policy Notes Chait, Robin, and Reagen Miller. 2009. 16(2). Educational Testing Service. Ineffective uses of ESEA Title II funds: National Center for Education Statistics. Funding doesn’t improve student achieve- 2009. State education reforms: State poli- ment. Center for American Progress. cies regarding teaching of English language Crawford, James. 2011. Frequently asked learner (ELL) students, by state: 2008-09. questions about reauthorization of the El- ———. 2012. State education reforms: ementary and Secondary Education Act State encouragement and support for (ESEA) and the policy issues at stake. Di- teacher professional development and in- versityLearningK12. centives for earning National Board Certi- Gándara, Patricia, Julie Maxwell-Jolly, and fication, by state: 2011-12. Anne Driscoll. 2005. Listening to teachers Sparks Sarah D. 2011. Gates joins Stanford of English language learners. A survey ELL project as details emerge. Education of California teachers’ challenges, expe- Week, August 15. riences, and professional development ———. 2008. The biennial report to Con- needs. The Center for the Future of Teach- gress on the implementation of Title III ing and Learning/University of California state formula grant program, school years Linguistic Minority Research Institute. 2004-06. Washington, DC: Office of Eng- Gay, Geneva. 2002. Preparing for cultural- lish Language Acquisition, Language En- ly responsive teaching. Journal of Teacher hancement, and Academic Achievement Education 53(2): 106-116. for Limited English Proficient Students. Holland, Holly. 2005. Teaching teachers: ———. 2011. Education department an- Professional development to improve stu- nounces resolution of civil rights inves- dent achievement. Research Points 3(1): tigation of Los Angeles Unified School 1-4. American Education Research As- District. sociation. Van Roekel, Dennis. 2008. English lan- Kirst, Michael W., and Frederick M. Wirt. guage learners face unique challenges. An 2009. The political dynamics of American NEA Policy Brief. National Education As- education. Fourth edition. Richmond, CA: sociation. McCutchan Publishing Corporation. ———. 2011. Professional development Leos, Kathleen, and Lisa Saavedra. 2010. for general education teachers of English A new vision to increase the academic language learners. An NEA Policy Brief. achievement for English language learn- National Education Association. ers and immigrant students. Washington, Zehr, Mary Ann. 2011. English-language DC: The Global Institute for Language learners. Education Week, June 16. and Literacy Development, LLC.

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Table 1 — State policies regarding teaching of English language learner (ELL) students, by state: 2008–09

State requires State offers all prospective incentives to State has teachers to earn English State bans teacher demonstrate as a Second or restricts standards competence in Language native- for ELL ELL instruc- license and/or language State instruction tion endorsement instruction

United States1 33 3 11 7

Alabama No No No No Alaska No No No No Arizona Yes Yes Yes Yes Arkansas Yes No Yes Yes California Yes No No Yes Colorado Yes No No No Connecticut No No No Yes Delaware No No Yes No District of No No No No Columbia Florida Yes Yes Yes No Georgia Yes No No No Hawaii No No No No Idaho Yes No Yes No Illinois Yes No No No Indiana Yes No No No Iowa Yes No Yes No Kansas Yes No Yes No Kentucky No No No No Louisiana No No No No Maine No No No No Maryland Yes No Yes No Massachusetts Yes No No Yes

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Michigan Yes No No No Minnesota Yes No No No Mississippi No No No No Missouri No No No No Montana Yes No No No Nebraska Yes No No No Nevada No No No No New Hampshire Yes No No Yes 2 New Jersey Yes No No No New Mexico Yes No No No Ne w York Yes Yes Yes No North Carolina Yes No No No North Dakota Yes No No No Ohio No No No No Oklahoma No No No No Oregon Yes No No No Pennsylvania Yes No No No Rhode Island Yes No No No South Carolina No No No No South Dakota No No No No Tennessee Yes No No No Texas Yes No No No Utah No No No No Vermont Yes No No No Virginia Yes No No No Washington No No Yes No West Virginia Yes No Yes No Wisconsin Yes No No Yes Wyoming Yes No No No

1 National total reflects the number of “Yes” responses for each column. 2 New Hampshire state law indicates that instruction should be exclusively in Eng- lish, but bilingual education programs are permitted with the approval of the state board of education and the local school district.

Source: National Center for Education Statistics 2009

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Table 2 — State encouragement and support for teacher professional development and incentives for earning National Board Certification, by state: 2011-12

State State requires requires districts State State districts/ to align provides State has finances schools to professional incentives for formal profession- set aside development teachers to professional- al develop- time for with local earn National development ment for professional priorities and Board Certi- State standards all districts development goals fication1

United States2 39 23 16 31 24

Alabama Yes Yes Yes No Yes Alaska No No No No No Arizona Yes No No No No Arkansas Yes Yes Yes Yes Yes California No No No No Yes Colorado Yes No No No Yes Connecticut Yes No Yes Yes No Delaware Yes Yes Yes No No District of No No No No No Columbia Florida Yes Yes No Yes No Georgia Yes Yes Yes Yes No Hawaii Yes Yes No Yes Yes Idaho No No No No No Illinois No No No No Yes Indiana No No No Yes No Iowa Yes Yes No Yes No Kansas Yes No No Yes Yes Kentucky Yes Yes Yes Yes Yes Louisiana Yes No Yes Yes No Maine Yes Yes No No Yes Maryland Yes Yes No Yes Yes

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Massachusetts Yes Yes No Yes No Michigan Yes Yes Yes Yes No Minnesota Yes Yes No Yes No Mississippi No No No No Yes Missouri Yes No No Yes No Montana Yes Yes Yes Yes Yes Nebraska No Yes Yes No No Nevada No Yes No Yes Yes New Hampshire Yes No No No No New Jersey Yes No No Yes No New Mexico Yes No No Yes No Ne w York Yes No Yes Yes Yes North Carolina Yes No No Yes Yes North Dakota Yes Yes Yes No Yes Ohio Yes No No No No Oklahoma Yes No No No No Oregon Yes No No No Yes Pennsylvania Yes Yes No Yes No Rhode Island Yes Yes No No Yes South Carolina Yes Yes Yes Yes Yes South Dakota No No No No No Tennessee Yes No Yes Yes No Texas Yes No No Yes No Utah Yes No No Yes No Vermont Yes No Yes Yes No Virginia Yes Yes No Yes Yes Washington Yes No No No Yes West Virginia Yes Yes Yes Yes Yes Wisconsin No Yes No Yes Yes Wyoming No No No Yes Yes

1 The National Board for Professional Teaching Standards (NBPTS) offers the National Board Certification (NBC) on a voluntary basis to all people with a baccalaureate degree and three years of classroom experience in either a public or private school. 2 National total reflects the number of “Yes” responses for each column.

Source: National Center for Education Statistics 2012.

Harvard Journal of Hispanic Policy | Volume 25 | 2013 ■ 115 ART | CULLITON-GONZÁLEZ ART CONTENT

ANTONIO PAZARAN

Born and raised in the Little Village neighborhood of Chicago to Mexican immigrant parents, Antonio Pazaran grew up alongside two sisters and an old- er brother. He is a self-taught painter, muralist, and printmaker and was also formally trained at Columbia College Chicago, earning a BA in graphic design. He finds inspiration in everyday life situations and strives to incorporate topics that are central to his culture and environment. Themes include music, social issues, poverty, violence, sex, and graffiti with a central focus on the people around him and in his neighborhood.

116 ■ ART | PAZARAN ART CONTENT

Antonio Pazaran, Materia Prima, 2008, linocut, 11" x 21"

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Corps member in Houston, Texas, where he taught at the KIPP Spirit school. Davila then spent a year teaching at numerous charter and private schools across New York City, exploring best practices for education reform. Recently, Davila worked with the Strategic Data Project at Har- The Search vard University, editing the Toolkit for Effective Data Use and complet- for Kitsch: ing a data use review for the How- ard County Public School System. A Review of Currently, Davila is working with the City of Houston’s Division of Eco- The Riddle nomic Development to complete his second-year policy analysis exercise of Cantinflas he Riddle of Cantinflas: Essays Essays on Hispanic on Hispanic Popular Culture is a thick, colorful knot of es- Popular Culture Tsays—essays that map where intellectual and immigrant intersect. If read- by Ilan Stavans ers focus on this junction and avoid searching for kitsch, the book is en- (University of New Mexico Press, 2012, lightening. Revised and Expanded Edition) Author Ilan Stavans claims “kitsch,” an infatuation and reproduction of Reviewed by Jesus Davila the past, explains the chaotic pin- board beauty of Hispanic culture. For Jesus Davila is a 2013 Master in Stavans, Hispanic culture is a copy of Public Policy candidate at the John a copy. F. Kennedy School of Government at In the preface to The Riddle of Harvard University, concentrating in Cantinflas, Stavans makes his case for social and urban policy. Before study- this simulacrum of society, swinging ing at the Harvard Kennedy School, through a maze of Spanish and Latin Davila was a Teach For America American history to prove his point.

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However, the thread of kitsch in his include El Sup’s role in Chiapas and essays is as thin as a burnt corn tor- José Guadalupe Posada’s street art. For tilla. Stavans, the super glue of rascuache The trouble begins when Stavans is that it is subversive, honest, and a warns the reader to “beware of look- product of a labyrinthine history and ing for sequence and cohesiveness” culture, a culture that must be cher- in his essays. He even advises against ished not relegated by a dominant art looking for some sort of conclusion. intelligentsia. This left me confused. If kitsch ex- Stavans’s recent essays on society plains Hispanic culture, according to slosh through the bog of the immigra- Stavans, why shouldn’t I look for this tion debate. In “Mother of Exiles,” he theme in his articles? At times his es- deconstructs the message and signifi- says, often sprawling and itinerant, cance of the Statue of Liberty. In “A failed to connect with kitsch at all. Dream Act Deferred,” he explores one But this book is more than kitsch. undocumented student’s rise to a PhD Many essays plunge lucha libre style in America and ultimate immigration into rascuache, a term Stavans uses to to Canada. Finally in “Immigration describe popular and organic Hispanic and Authenticity,” he reflects on the culture. Stavans uses all his fingers to significance of dominant cultural ex- untangle rascuache with poetic and pectations, both in biblical history academic engrossment, “sketching” and modern immigration (e.g., cam- sense and significance into everything els in the Bible, sombreros for Mexi- from the colorful pastel cards of loter- can immigrants). ía, the old Mexican game of chance, This book is an Olympic-sized to the rags and rakishness of Cantin- swimming pool of thoughts, stretch- flas. The essay on the Mexican movie ing with depth as it meanders from star from the mid-twentieth century street art to author Sandra Cisneros to known simply as Cantinflas captivated Latino civility. It would be difficult to me. Stavans believes Cantinflas served find a book on Hispanic culture that as a “Mexican collective self,” acting as extends itself so far with so few pages therapy for a country in hurried transi- to create such an elegant and colorful tion from an agrarian to industrialized dialogue. nation. Similarly, he argues the confu- Stepping back, letting go, and ap- sion Cantinflas caused was symbolic. preciating this dialogue took time. Stavans claims Cantinflas’s pun-filled When I began the book, I felt frus- promenades, the actor’s verbal strolls trated as I looked for a billboard- that always ended in confusion, ex- sized takeaway for the Hispanic exposed the growing communication perience. But I did my best to heed gap between Mexican classes. Some of the author’s advice: forget about co- Stavans’s other rascuache explorations herence, consistency, or an answer.

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Who could possibly explain Latino migrants, while nineteenth-century culture in fourteen essays? When I European immigrants were greeted finally dropped the compulsion to by the Statue of Liberty, a symbol cre- search and connect, I began to un- ated to mirror them. On the contrary, derstand Ilan Stavans’s experience as many believe Lady Liberty was simply an immigrant, his perception of the modeled after Charlotte, the sculp- world, and his profound scholarship. tor’s mother. Stavans’s book became a skeleton key, Like many essay collections, great- opening small hidden doors into the ness and verbosity arm-wrestled complicated world of Hispanic cul- throughout the book, but anyone in- ture. Stavans doesn’t pretend to have terested in Hispanic culture should the answers, but he wants to let you read this collection. When I read in on the conversation, pulling out this book that chronicled Stavans’s a chair, welcoming you, asking you thoughts over the past twenty-two to play lotería. When I let go of the years, I felt I was watching a micro- search, which is a theme in Hispanic cosm of Hispanic culture unfurl at literature, Stavans treated me with an light speed. Perhaps this is the best engaging pastiche that did the impos- way to explore Hispanic culture. sible: contextualize Hispanic culture. While the obliqueness of his essays On the other hand, I found it diffi- and the inconsistency of the book’s cult to follow the haphazard structure structure sometimes felt chaotic, ul- of the book. The essays range from timately the ineffable completeness I academic discourse to colloquial in- felt after finishing the book made it a terview, from poetic digressions to treasured read. For those looking to historic inquiries. Readers may feel explore Hispanic culture or connect overwhelmed as they hop from one with someone who made a life of this essay genre to another. Similarly, in exploration, consider The Riddle of some essays, Stavans’s mental per- Cantinflasyour primer. ambulations (while interesting) de- tracted from the thesis of the piece. Finally, while each essay is soaked with knowledge, I sometimes felt the pieces on immigration wobbled from succinct poetic prose, aligning every atom of readership in me, to stilted inflammatory accusations. One example was when he contrasted modern Latin American immigration with immigration in the past. He suggested Big Brother greets modern im-

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top Hispanic-owned IT integrator in the nation. A retired Army officer and service-disabled veteran, Jimenez founded MicroTech in 2004 and has grown the business into a profitable quarter-of-a-billion-dollar company. Hispanic Business Magazine named him one of the “Most Influential His- panics in the Nation” and the Minority Enterprise Executive Council declared him one of the “Most Powerful Minority Men in Business.” Along with being on SELF- the Harvard Journal of Hispanic Poli- cy Executive Advisory Board, Jimenez REFLECTION also serves on several other boards, including the U.S. Department of Com- AND merce’s National Advisory Council on Minority Business Enterprise, the DISCOVERY United States Hispanic Chamber of Commerce, the United States-Mexico A Review of Mi Voz, Chamber of Commerce, the Latino Do- Mi Vida: Latino Col- nor Collaborative, and George Mason University’s Board of Visitors. Jimenez lege Students Tell has worked with several White House administrations, meeting with presi- Their Life Stories dents and their senior advisors regarding small and medium-sized businesses Edited by Andrew Garrod, and ways to create jobs, improve edu- Robert Kilkenny, and Chris- cational opportunities, and stimulate tina Gómez the economy.

(Cornell University Press, 2012) n celebration of the digital publication of Mi Voz, Mi Vida: Latino Reviewed by Anthony R. College Students Tell Their Life Sto- Jimenez, President and CEO, Iries, a publication that signals a hun- MicroTech ger to understand Latino students, and knowing that American educa- Tony Jimenez is the award-winning tion will soon hinge both on digital President and CEO of MicroTech, the publications and Hispanic students,

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I dive into this touchstone for under- these areas. While the editors went standing the Latino college experi- to great lengths not to unduly influence. ence the students’ stories, the au- The editors of Mi Voz, Mi Vida did thors were provided with a number an exceptional job of weaving fifteen of “guiding questions” to help convey disparate narratives into a coherent, their personal stories; these ques- comprehensive look at the struggles tions undoubtedly served as a useful and triumphs of the student authors. framework for promoting the reflec- The book is a collection of memoirs tive process for each student author. A by student autobiographers between representative sample of those ques- the ages of eighteen and twenty-two tions is provided below. who attended Dartmouth College. • What gives purpose to your life? Since these events took place at only one institution, one might question • What relationships have been of how generalizable or representative major significance to you? the students’ Latino college experiences are. However, this inspiring • When and how did you become book of stories, or cuentos, is one that aware of the concept of ethnicity? anyone who ever attended college or • What have been some of the major embarked on a serious journey of self- struggles in your life? reflection and discovery can relate to regardless of ethnicity. As a Latino • What role does your “Latinoness” myself, I found many of the experi- play in how you identify yourself? ences described by the authors not only intriguing, revealing, and prom- To ensure the integrity of the sto- ising, but reflective of my upbringing ries, the editors followed a thorough and life events. In many instances, review and vetting process for the the stories capture the raw emotions essays. Independent reviews were of those who feel disenfranchised, yet employed by those not directly en- through perseverance, ultimately pre- gaged in the story development pro- vail; Joseph Rodriguez’s story of visit- cess to ensure each essay received a ing his father in jail is a good example. more objective reading. Changes to The essays represent only a select the written texts by the editors were few completed as part of the require- minimal. With a goal of facilitating ments of a sociology course. The ob- each student to ultimately find “their jective of the course was to increase voice” and tell their story in their own the students’ understanding of Latino words, this approach helped ensure history, politics, and public policy. each author retained “ownership” of For many of the student authors, this his or her story. The “sense making” would be their first serious foray into aspects of their individual and very

122 ■ REVIEW OF MI VOZ, MI VIDA personal experiences were left to the narrative essay. authors. After all, it is only through Although the editors do not sug- that sort of analytical and reflective gest that any one of the four themes is process that individual meaning and more important than another, for me, “truth” can be derived. In the end, resilience stood out. The importance the story must be their story as they of resilience comes through in almost believe they lived it. Mi Voz, Mi Vida: every story. As one might expect, all Latino College Students Tell Their Life of the authors faced obstacles to some Stories effectively leverages this per- degree on their individual journeys, sonalized perspective. although some more than others (e.g., It was a good decision to package dysfunctional families, serious finan- the essays and present them under cial challenges, etc.). One especially the auspice of four major themes: interesting dimension to the stories resilience, biculturalism, mentoring, is that in virtually every instance the and identity. While on the surface authors recognized the possibilities the four themes appear to be discreet, that existed that could offer them an independent topics, the reality is that escape or enable them to transcend the themes are present in the stories. their circumstances. My sense is that Not surprisingly, the themes evident most readers will agree with the edi- in each essay only help the reader gain tors who noted that perhaps there was an increased appreciation and under- no more vital factor for the students standing of the students’ collective in terms of being able to endure, per- experiences. The interesting question sist, survive, and succeed than resil- for readers to ponder as they make ience. In fact, I found myself easily their way through the authors’ stories, relating to that aspect of the stories. which outline the firsthand experi- As for myself, as an entrepreneur and ences and challenges of growing up CEO of a Top Five Fastest-Growing Latino, is: “Can this work help combat Hispanic-Owned Business as ranked the stereotypes of Latinos?” by Hispanic Business Magazine, I As the stories of each individual found these same factors (endurance, unfolded, I found myself rooting persistence, survival) critical to my for the authors to make good choic- success when starting up and growing es, find avenues of release for their my business over the past almost nine pain, discover answers to their ques- years. tions, and ultimately, achieve success. The book is filled with touching and Growing up Latino, I found many powerful personal stories. Many read- points of connectedness; their stories ers will find the essays quite emotional. were my story. I am sure many readers A good example is the story of Eric will have a similar reaction, which is Martinez. Eric experienced his parents’ always a telltale sign of a compelling physical abuse, their repeated drug use,

Harvard Journal of Hispanic Policy | Volume 25 | 2013 ■ 123 BOOK REVIEW | MI VOZ, MI VIDA and their alcohol addictions, which ul- through various phases, phases that timately contributed to his mother’s included awareness, education, learn- death when he was only thirteen. Eric ing, development, and ultimately and other student authors’ life circum- acceptance. As someone who oper- stances underscore the conflicted feel- ates in both worlds on a daily basis, ings children may have growing up in I can appreciate the struggles in the dysfunctional households and the fine bicultural section of the book. As the line that can exist between feelings of students discovered, coming to grips intense love and hate. with one’s Latino identity is a journey, The bicultural essays offer the not an event. reader interesting insights into the The value of education is one of challenges the authors faced existing the constant refrains of the mentor- within two cultures and the struggles ing portion of this book. This discus- associated with adapting, existing, sion reminded me of the emphasis and and operating within those differ- value my parents placed on education. ent worlds. As someone who lived Like many Latino parents in these sto- through that experience—growing ries, my parents believed getting an up, in the workplace, in the military, education was a critical steppingstone and as a successful businessman—I to a better life. Although neither of my empathized with the inherent conflict parents were high school graduates, the bicultural experience presented they served as inspiring role models, the authors. No reader will be sur- and both eventually attained their prised to learn that bicultural issues GED. In fact, my father, shortly before can generate conflict. For the authors, passing away, even obtained a college this often meant examining those is- degree. My parents walked the talk and suing through a polarizing prism: La- I listened, having earned three degrees tino versus White, rich versus poor, and numerous certifications along the educated versus uneducated, indus- way. Interestingly, the stories present- trious versus indolent, and legal ver- ed in the book are largely at odds with sus illegal. Abiel Acosta’s story illus- some of the literature that claims La- trates the conflict some students faced tino families do not value education. A in terms of identity, having one school number of students were keen to repay persona (uninhibited and freewheel- those who sacrificed so much to pro- ing), yet exhibiting totally different vide a path to success never available behaviors among family (reserved, to them. respectful, etc.). Almost every student Mentoring is especially critical struggled to embrace both identities. for “at risk” populations, and clearly Their essays at times outline painful a number of the authors fell into personal struggles of their cultural that category. The significant impact awakening as they navigate their way mothers and grandmothers had on

124 ■ REVIEW OF MI VOZ, MI VIDA the student authors is especially note- the others. She saw herself as fated to worthy. Some were raised by single live in two worlds, the one her par- moms, many of which instilled a ents brought with them and the rest strong work ethic in their children. of society, where she gained an aware- Likewise, matriarchs promoted Lati- ness of, and appreciation for, her no/Latina roots and the importance of “Americanness.” The conundrum for family, faith, and cultural ties. As Eric the authors of balancing the old with Martinez noted, “my grandmother’s the new, retaining important family love and faith [that] she helped in- values and traditions while promot- still in me are two factors that saved ing cultural acceptance and advance- me from ruin.” Readers will find the ment, is captured in Andrade’s state- description of the family graduation ment that, “Like myself, mi familia celebration outlined in Angelita Ure- is forever changing and assimilating, na’s essay underscores the pride her but like me, they selectively assimi- immediate and extended family felt late in order to retain a rich culture.” from her educational achievement. As The authors often concluded that they a successful entrepreneur, the men- lived in a separate world from their toring essays reminded me that I must family. remain cognizant of my roots and the The editors suggest the book focus- need to serve as an example, to be a es on the students’ evolving lives and role model, and to mentor those look- Latino identities; clearly this book ing for a helping hand, not a handout. does that, but I would argue that it The final section of the book ad- does much more. It takes on the ste- dresses the students’ efforts to answer reotypes of Latinos presented in the the ever-present question of their self- mainstream media as being poor, un- identity and how to embrace and inte- educated, and unassimilated to U.S. grate their Latinoness into this identi- culture. The book is filled with stories ty. Virtually all attempted to reconcile of triumph and success as opposed to who they were with who they are and, loss, sadness, and failure. In fact, the ultimately, with who they hoped to reader could certainly conclude that become. Alejo Alvarez captured the this book of essays outlines the con- internal conflict that the search for summate American success story: identity generates well, writing, “My overcoming great odds to achieve experience is often empty and de- success. While the book should have tached, complimented by moments broad base appeal for anyone in- of fulfillment.” Like many others, he volved in student development, it will struggled with “a way to integrate be of particular interest to Latino stu- being Latino into being me.” Norma dents, Latino parents, and educators Andrade’s story of identity struggle that teach, advise, counsel, or other- was representative of that of many of wise engage Latino students.

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I was left with two compelling questions at the conclusion of the book. The first has to do with the price the students paid in terms of graduating from a prestigious Ivy League school. Virtually every student and their family made enormous sacrifices to ob- tain a degree from Dartmouth. While some journeys were more difficult than others, all were forced to address incredibly challenging personal and family issues. Some of the experiences undoubtedly left emotional scars. Was the price too high? I am guessing, in some cases, the jury may still be out. The second question is more personal for this reader. Would I have shown that kind of courage? As I reflect on my own personal journey, having grown up in a humble working-class Latino family, I am inclined to believe that the core values instilled in me by my parents would have prepared me well to handle the pressures the student authors encountered. I easily related to and recognized myself in many of the stories. I am sure other readers will as well. Although the book was originally published in 2007, the recurring themes, challenges, and issues remain relevant and can be used to inform our understanding of Latino students today. To the extent this book inspires and motivates readers to understand the challenges Latinos face, as well as the contributions they make, it will continue to be a meaningful and informative gift to readers.

126 ■ MALCOLM WIENER CENTER FOR SOCIAL POLICY

The Malcolm Wiener Center is a vibrant intellectual community of faculty, masters and PhD students, researchers, and administrative staff striving to improve public policy and practice in the areas of health care, human services, criminal justice, inequality, education, and labor.

The work of the center draws on the worlds of scholarship, policy, and practice to address pressing questions by: l carrying out research on important policy issues affecting the lives of those most vulnerable and needy l providing professional education for those in the world of practice l educating the next generation of academics and policy scholars l ensuring that research and education are closely tied to and draw from politics and practice in the field l developing working partnerships with the broader policy community For more than two decades the Malcolm Wiener Center has been an influential voice in domestic policy through faculty work on community policing, welfare reform, youth violence, education, urban poverty, youth and the low-wage labor market, American Indian economic and social development, and medical error rates. Our research portfolio is both broad and deep, spanning many academic disciplines, encompassing traditional research as well as executive sessions, case-based research and action research, and employing a variety of research methodologies. It is inspired by our focus on bettering the lives of our fellow citizens, particularly those who are most vulnerable and needy.

WEB SITE: www.hks.harvard.edu/centers/wiener