Ammiano condemns SCOTUS’ upholding Arizona’s “show me your papers” provision, urges Gov. Brown, AG. Harris to ensure California becomes antidote to Arizona with TRUST Act

June 25, 2012

FOR IMMEDIATE RELEASEJune 25, 2012

Sacramento - In response to the US Supreme Court ruling in the case of Arizona v. United States, Assemblymember Tom Ammiano, (D-SF) and author of California’s TRUST Act (AB 1081), issued the following statement:

While I am relieved the Supreme Court struck down portions of Arizona’s discriminatory law, it is heartbreaking that the most odious provision, the “show me your papers” section (2B), still stands. This should be called the “racial profiling” provision given the painful impact it will have.

With today’s ruling, the court has further legitimized the destructive practice of local police serving as an extension of our broken immigration system. This plunges millions of our friends, neighbors, and family members across the country into greater risk of separation from their loved ones.

But ironically, the damage was in many ways already done – by the federal “Secure” Communities or S-comm deportation program.

S-Comm has burdened our local governments and put even victims and witnesses of crime at risk of deportation, making us all less safe. It has even mistakenly trapped US citizens in our local jails for immigration purposes.

California’s TRUST Act would limit the unjust and onerous detentions for deportation in our local jails of community members who pose no threat to public safety. To ensure that our state does not become another Arizona, I respectfully urge Governor Jerry Brown and Attorney General Kamala Harris to support the bill.

Statements from the sponsors of the TRUST Act follow. The bill is supported by a broad coalition of organizations and elected officials from across the state.

Pablo Alvarado, Executive Director, National Day Laborer Organizing Network: “The fact that the court could not tell whether on its face section 2(b) conflicts with federal policy means federal policy (i.e. S-Comm) is far too similar to Arizona policy. But it doesn’t have to be that way in California.”

Reshma Shamasunder, Executive Director, California Immigrant Policy Center: “With its decision on the provision that encourages racial profiling, the Supreme Court has effectively turned back the clock on our hard-won civil rights protections. In the wake of this bad ruling, California lawmakers must lead the nation in moving forward once again, by passing the TRUST Act as soon as possible.”

Angela Chan, senior staff attorney, Asian Law Caucus: ”The Trust Act will assist local police in rebuilding trust with Asian, Latino, and many other immigrant communities who are fearful of reporting crime because of S-Comm’s broad deportation dragnet.”

Background: The Arizona law, passed in April 2010, drew widespread condemnation because it would have forced local police to act as immigration agents and unleashed a wave of profiling based on appearance and accent. Immigrant advocates said the program would entangle police in what is an essentially broken immigration system.

At the heart of the similarity between S-Comm and SB 1070 is the fact that under S-Comm, the fingerprints of everyone arrested – even survivors of domestic violence arrested with their abusers – are automatically sent to ICE. Immigration officials then pressure local governments to hold immigrant community members in jail for extra time, at local expense, so that ICE can pick up the individuals for deportation. However, these “hold” requests are voluntary and a number of jurisdictions have already chosen to limit how they respond.

Nearly 7 in 10 of the 72,000 Californians deported either had no convictions or were brought in for minor offenses.

The TRUST Act passed the state Senate Public Safety committee 5-2 on June 12, 2012, and now heads to the Senate floor. The bill sets a minimum standard for local governments not to submit to ICE’s requests to detain people for deportation unless the individual has a serious or violent felony conviction and guards against profiling and wrongful detention of citizens and crime victims.

In an editorial published June 22, the New York Times endorsed the TRUST Act, stating: “The bill would enhance the ability of local departments to fight crime by restoring community trust and saving jail space for serious offenders. It deserves to become law.”


Close To 1 Million Dreams Protected, 10.5 Million Dreams To Go

June 19, 2012

By Ju Hong, member of ASPIRE (Asian Students Promoting Immigrant Rights through Education)

Although I recently graduated from UC Berkeley with a major in Political Science, I am unable to use my degree to work because I am undocumented. Not only did I face a difficult time to finding ways to work, I also faced constant fear of deportation – until President Obama made an announcement last Friday to stop deportation and provide work permits to a selected group of DREAMers who meet requirements under a new immigration policy.

This historic announcement would not have been possible without the courageous DREAMers who stood up and shared their stories, held events and rallies, contacted elected officials, and led hunger strikes and civil disobedience actions despite risking deportation. After many years of collaborative efforts to demand for justice and equality, the federal government finally made a move to provide a very limited and temporary relief for many undocumented young people in this country.

For many years, I have lived in fear: The fear of facing deportation and of permanently leaving the country I called home; the fear of being separated from my friends, my family, and my community; the fear of not being accepted within my own community; the fear of contacting the police at a time of need; and the fear of losing my hope and dreams in graduating from college. Today, I feel liberated from these fears. Because of this announcement, I can better focus on preparing for my master’s degree program, provide for my family, and continue to advocate for the federal DREAM Act and Comprehensive Immigration Reform.

Prior to June 15, 2012, I was unable to get a job, apply for internships, or qualify for financial aid. Thus, I had to work more than thirty hours of week at a Japanese restaurant, mopping floors and washing dishes, getting paid below minimum wage under the table, while I commuted to school and enrolled as a full-time student at Laney College, Oakland. Sometimes I had to stay up all night to apply for limited scholarship opportunities to meet the deadlines. Today, I feel free from these obstacles. Because of this announcement, I will have open doors of new opportunities to use my degree to work and contribute back to society. Not only will I have the chance to work to support my schoolwork, but also I have capacity to support my family.  Like one of my fellow DREAMers said, “I feel I am normal again.”

With this announcement, an approximate 800,000 young peoples’ dreams are now protected, at least temporarily. This is huge victory for the undocumented community, but the fight is not over. There are thousands of other young DREAMers who are not eligible to apply for deferred action or work permits because of strict requirements under this announcement. For example, DREAMers who are over 30 years old cannot qualify to receive deferred action or work permits. Moving forward, we must stay involved and work with the Obama’s administration to include all DREAMers because they also have the right to DREAM.

Finally, we must continue to fight for the federal DREAM Act and Comprehensive Immigration Reform because this announcement is only a temporary solution. Now more than ever, we have strength, conviction, and power in our hands to organize, mobilize, and take collective actions to solve our broken immigration system. Soon, we will fulfill all the 11.5 million dreams.


On Affirmative Action and Fisher v. UT: Why Asian Americans Will Lose if Fisher Wins

May 31, 2012

By the Asian American Center for Advancing Justice

The U.S. Supreme Court has agreed to review Fisher v. University of Texas at Austin, a potentially landmark case that could end the use of race-based affirmative action in higher education. The Court ruled nine years ago that although quota systems in admissions processes were unconstitutional, race can be used as a positive factor, just not a decisive factor. The Court reasoned that considering race as a factor—or race-consciousness—in the admissions process is important because a diverse student body improves the education of all students. Fisher, a White woman, claims that she was unconstitutionally denied admission to the University of Texas at Austin (UT-Austin) as a result of its affirmative action policy.  With this new case, the Court’s previous ruling that race can be considered as part of the admissions process, is in danger of being overturned.

The Asian American Center for Advancing Justice (Advancing Justice)—Asian American Institute (AAI), Asian American Justice Center (AAJC), Asian Law Caucus (ALC), and Asian Pacific American Legal Center (APALC) will be filing an amicus brief urging the Supreme Court to uphold race-conscious admissions.

We need affirmative action policies because not everyone has an equal opportunity to succeed.   Universities should be allowed to consider the whole person, including one’s experiences as a racial minority, so that the opportunities that come from higher education are available to all qualified students.   Asian Americans may appear to be well represented at some of the most selective universities, but among the various Asian ethnic groups, many, like Southeast Asians, continue to be vastly underrepresented. A university should be allowed to consider race as one of many factors in order to promote equal opportunity and educational diversity in its classrooms and on its campus.  Read the rest of this entry »


Why Asians (and Other Minorities) Must Get Involved in CA Redistricting

February 2, 2011

NOTE: Originally published on  New America Media on January 24, 2011.

This article has been re-posted with the permission of the authors.

By Eugene Lee and Deanna Kitamura, the Asian Pacific American Legal Center


LOS ANGELES—California has started a new experiment that will affect who represents you in Sacramento and Washington, D.C. Until now, the state Legislature has had the power to redraw the boundaries of state and congressional districts, a process known as redistricting. Because of recently approved ballot propositions, the Legislature’s redistricting authority has been delegated to a 14-member commission made up of California voters. The creation of the new commission presents the public with a golden opportunity to get involved in how the lines are drawn.

The commission’s job is to replace existing Assembly, state Senate, Board of Equalization and Congressional districts with new districts based on 2010 Census data. Over the last decade, some areas of the state, such as the Central Valley and the Inland Empire, have experienced significant population growth, while other areas have had stagnant growth or population losses. The commission’s task is to account for these changes and create new districts containing roughly the same number of people as other districts of the same kind. Although partisan considerations often dominate how redistricting is carried out, the population equality requirement is the reason why redistricting happens in the first place.

District boundaries drawn in the past have fragmented communities of color, including Asian-American and Pacific Islander (AAPI) communities. For example, in the 2001 redistricting, the San Jose neighborhood of Berryessa was split among four state Assembly districts, even though over half of Berryessa’s population is AAPI, sharing common interests and needs. When communities are divided, their ability to appeal to their elected representatives to address their needs is diminished.
By law, the commission must hold two sets of public hearings. These hearings are an opportunity for the public to educate the commission on how different communities believe the commission should draw the electoral maps. The first set of hearings is to receive input before any maps are drawn and the second set is to receive feedback following the drawing of the commission’s proposed maps.

Public input is important to the commission’s ability to keep together “communities of interest,” one of the factors the commission must consider. A community of interest is a population that shares common social and economic interests that should be kept together in order that the population’s interests are fairly and effectively represented. If divided, the community’s representation would be ineffective because it would be required to appeal to two or more elected officials, as in the case of Berryessa. Many different types of communities can make up a community of interest, such as an immigrant community with shared language-access needs, a low-income neighborhood with specific educational needs, or a geographic area where many of the residents work in the same industry.

Communities of interest are not generally labeled on maps. That’s why it is crucial that local community members come forward to educate the commission. Without public input, the commission is unlikely to know whether a specific community of interest exists and is even more unlikely to know the geographic parameters of the community of interest.

If you are interested in ensuring that the commission keeps together AAPI communities of interest, there’s a simple way to get involved. The Coalition of Asian Pacific Americans for Fair Redistricting (CAPAFR), anchored by the Asian Pacific American Legal Center, is holding meetings throughout California to focus on AAPI communities of interest. CAPAFR’s goal is to submit proposals that show the commission how AAPI communities of interest can be best kept together, while also respecting other communities of interest. To see a calendar of CAPAFR meetings or to learn more about redistricting in general, please visit www.capafr.org.

When will we know how this new redistricting experiment turns out? August 15, 2011, which is the commission’s deadline to adopt final redistricting plans. Before that deadline approaches, the commission must hear from the public. If the public does not come forward, communities could get divided in the redistricting process.

The next CAPAFR community meeting in San Francisco and San Mateo will be held February 24th 5:30pm-8pm at the Asian Law Caucus 55 Columbus Ave. San Francisco CA 94111. To RSVP please contact CAPAFR2011@gmail.com or visit http://www.capafr.org/sf-san-mateo-3rd-community-mtg1

Eugene Lee is the voting rights project director at the Asian Pacific American Legal Center, a member of Asian Center of Advancing Justice. (www.apalc.org). He directs work on voter protection, Voting Rights Act compliance, and ballot access policy and is currently working to strengthen the voice of AAPI communities during the 2011 redistricting process.

Deanna Kitamura is the statewide redistricting manager at the Asian Pacific American Legal Center, a member of Asian Center of Advancing Justice. She works with community partners to ensure that AAPI communities in California are engaged in the redistricting process.


Violence Against Asian Americans in SF and Oakland Highlight Need for Safer Neighborhoods for All

May 5, 2010

By Titi Liu, Executive Director

Over the past several weeks, hundreds of Asian American residents in San Francisco and Oakland have testified at city hall meetings and participated in community rallies against violence and demanded action be taken to improve safety.  Founded in 1972, the Asian Law Caucus has a long history of speaking out against violence and harassment against Asian Americans, including addressing crimes against Vietnamese residents in San Francisco housing projects in the 1990’s and the targeting of South Asians, Arabs, and Muslims before and after 9/11.  The ALC also has provided know your rights and anti-violence trainings to thousands of youth, parents, and educators.

The ALC applauds the efforts of community members who have worked to draw attention to this important issue.  The ALC also calls for a thorough investigation of each of the incidents against Asian victims that have occurred in the Bayview and in Oakland.  Effective solutions to prevent these incidents from reoccurring can only be developed if the individual causes are investigated and addressed.

In addition, while these cases are being investigated, proactive steps, both short-term and long-term, need to be taken to improve public safety for all residents as acts of violence create fear in the hearts of all community members, African American and Asian American alike.  The San Francisco and Oakland police departments need to strengthen relationships with community members to ensure victims of crime feel safe coming forward and reporting incidents.  This includes, but is not limited to, improving language access services and cultural competency of officers, which is a project the ALC has been working on in San Francisco for the past several years.  The police also need to be clear about what they can do if incidents are reported.  Violence prevention and intervention programs that have been shown to have positive results in both cities need to be fully funded and supported rather than being the first to be targeted for cuts each year.  Structural changes also are needed to preserve and expand safe and affordable housing in these communities for all residents.

We also must be vigilant as communities move forward in working together to create safer neighborhoods to not reinforce stereotypes about one another, but to instead enter this difficult yet important dialogue with an open mind and an open heart.


President Obama Signs Stimulus Plan

February 24, 2009


Barack Obama – America’s first Asian-American President?

January 30, 2009

juneBy June Shih

One thing I couldn’t get over last week as I watched and wept over the inauguration festivities were the people sitting directly behind Barack Obama. At the Inaugural concert at the Lincoln Memorial, almost every time Read the rest of this entry »


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