Author: mopress

From the MALDEFian

Judge orders improvements in programs for English language learners

AUGUST 14, 2008 – Citing “palpable injustice” a federal court found that the State of Texas is failing to overcome the language barriers faced by tens of thousands of English Language Learner (ELL) students in the State’s public school secondary programs. MALDEF’s victory in United States v. Texas represents the most comprehensive judicial decision concerning the civil rights of ELLs in a quarter century.

The case was born out of long-standing discrimination against Latino students in Texas schools, which resulted in their inclusion in a 1981 Order that required the State of Texas to, among other things, provide appropriate and effective language educational programs for ELL students. Twenty-five years later, MALDEF and Multicultural Education Training and Advocacy, Inc. (META) filed a Motion under the Modified Order to enforce its terms. MALDEF argued that the State had failed to implement and monitor the bilingual and English as a Second Language (ESL) programs for ELL students in the state, resulting in the denial of equal educational opportunities for those students.

In July 2007, District Court Judge William Wayne Justice ruled that MALDEF was not entitled to the relief it sought. After MALDEF and META persisted in the case on behalf of ELL students, Judge Justice vacated his earlier ruling in its entirety. Finding that “[s]econdary…students in bilingual education fail terribly under every metric,” he ordered the State to create a language program for ELL secondary students and a monitoring system that met the requirements of the federal Equal Education Opportunity Act.

This ruling was a tremendous victory for ELL students in a state that has one of the highest percentages of ELLs in the country. In the 2004-05 school year, more than 15 percent of the student population in Texas’ public schools were identified as ELL. Ninety-three percent of those were Hispanic. According to the Texas Education Agency, only 13.1 percent of those students are recent immigrants.

The education system has significantly failed these students, allowing them to continue to experience the effects of the discrimination that first brought MALDEF to court on their behalf nearly 30 years ago. The court found that not only does the Texas Education Agency under-identify ELL students, but the “achievement standards for intervention are arbitrary and not based upon equal educational opportunity; the failing achievement of higher grades is masked by passing scores of lower grades; and the failure of individual school campuses is masked by only analyzing data on the larger district level.”

“Failed implementation cannot prolong the existence of a failed program into perpetuity,” the court concluded. Texas now has until January 2009 to come up with a revamped monitoring system that actually measures equal educational opportunities and an improved educational program for secondary ELL students. The new system will be introduced in the 2009-10 school year.

“This decision gives hope for the future of thousands of young Texans. Its importance cannot be overstated,” said MALDEF Staff Attorney David Hinojosa who, along with META, brought the case on behalf of LULAC and the American GI Forum.

Note: dates have changed to Aug. 27-31. For latest info, check home page of the Texas Civil Rights Review.–gm

Howdy amigos…

Border Wall-k VI in opposition to the US-Mexico “border wall of apartheid” is scheduled for August 19-23.

The House of Representatives will take their “Summer District Work Period” from August 11- September 5th. The Senate will take their “State Work Period” from August 9 – September 7th. What an ideal time to have another Border Wall-k. Border Wall-k VI…or El Paso Border Wall-k.

Texas has 1250 miles of border with Mexico. That represents about 65% of the entire 1950 miles of US-Mexico border. That means that at least 65% of the border residents are opposed to the border wall.

In representation of their border citizens and communities, the Texas Mayors all along the Texas-Mexico border have stood up against this border wall, even entering into a lawsuit against the federal government to stop the construction.

Now it’s time to convince Congress, that America cannot be the world leader of “liberty and justice for all” while walling itself off as country…and becoming an international gated community. Not many years ago, a wall between friends and family in Europe was considered the symbol of an oppressive enemy of the free world.

El Paso is our Far West Texas anchor city of the Texas-Mexico border that is subject to the construction of the longest border wall in Texas. 56 straight miles, cutting through heritage and culture, through lives, through beautiful crop lands. Such a wall will harm everything that we revere here on the border.

A coalition of local, state, national as well as border organizations are therefore galvanizing, organizing, sponsoring and endorsing a 56, five day Border Wall-k from August 19-23…from McNary to El Paso, so as to coincide with the Congressmen retuning from Washington, D. C. to do work in their districts.

The El Paso-Border Wall-k will leave McNary on Tuesday, August 19, travel NorthWest along Texas Highway 20, and arrive at the plaza in downtown El Paso on Saturday afternoon, August 23rd.

We request your solidarity. From coast to coast, we encourage all individuals and organizations opposed to the “border wall of apartheid” to spread the word about the El Paso-Border Wall-k. Let your friends and neighbors know that Texas is still standing up to one of the most demented schemes being imposed on a free people.

For more information you can contact:

Bill Guerra Addington
Border Ambassadors
aguavida@valornet.com
(915)539-4158

Carlos Narentes
Sin Fronteras
narentes@farmworkers.org
(915)532-0921

Fernando Garcia
Border Network for Human Rights
bordernet2001@yahoo.com
(915)577-0724

Sarah Boone
Border Ambassadors
sboone@stx.rr.com
(830)768-1100

Would you and/or your organization be willing to participate, sponsor and/or endorse the El Paso-Border Wall-k?

In solidarity…

Jay

Border Ambassadors
Jay J. Johnson-Castro, Sr.
jay@villadelrio.com
(830)768-0768
(830)734-8636

By Nick Braune
Mid-Valley Town Crier
by permission

A petition was filed in federal court this July with a very simple request. Please instruct the Border Patrol to answer this question: Are you going to be conducting immigration ID checks in the event of a hurricane evacuation? It’s a very good question. If tens of thousands of cars start leaving the Valley together and crowds arrive at the bus stations, won’t there be huge lines while IDs are checked? And what if I can’t find my ID? I interviewed someone working on the issue, an attorney with the Texas Civil Rights Project, Corinna Spencer-Scheurich.

Nick Braune: The Monitor reported that a number of groups, including LUPE and Brownsville’s Proyecto Digna, have filed a suit to find out evacuation procedures and policies. One lawyer was quoted as saying that the Border Patrol is being “reckless” and that they would be “creating a danger for everyone” if they start asking people for identification during an evacuation. Are those comments too strong?

Corinna Spencer-Scheurich: No, I don’t think they are too strong. Border Patrol is being reckless because the most important thing in advance of a disaster is to have a plan that everyone knows. We saw what happened when Houston residents tried to evacuate before Hurricane Rita. It took more than 24 hours for people to reach Dallas. Only half of the residents ended up evacuating. Luckily the main force of Rita did not hit Houston. What is clear is that in the event of a hurricane evacuation, everyone needs to be prepared and we have to get people to safety as quickly as possible.

Can you imagine the additional hold up at the Falfurrias checkpoint if Border Patrol is checking IDs? Holiday weekends are bad enough! And some people will not evacuate, risking harm, because they know they might run out of gas because of the gridlock or because they might have other problems. People who might have trouble proving their immigration status or have family members with that problem are also not going to flee. This is a humanitarian disaster waiting to happen.

Braune: Is it really necessary to go to a judge on this? Won’t the Border Patrol answer its phone and explain its evacuation procedures?

Spencer-Scheurich: We have asked several times in many different ways. We even asked again before we filed this lawsuit. I don’t think that the Border Patrol has realized the potential devastation that it might cause by not being clear and not working with the community on a humane evacuation plan.

Braune: If the judge rules on your side, what would be a possible next step?

Spencer-Scheurich: It depends on what Border Patrol’s plan is. If the Border Patrol will step aside in the face of an impending natural disaster, then the community groups who are plaintiffs in this case, like LUPE and Proyecto Digna, will be able to work with their members to help assure that we don’t have a loss of human life. But if the plan is to stop everyone evacuating and check their ID at the checkpoints, then we have some constitutional issues to grapple with.

Why are they only checking here in advance of a natural disaster and not in Florida or Louisiana? We believe that would be a violation of constitutional rights to Equal Protection based on national origin discrimination. It also might cause a deprivation of life, liberty and property in violation of the 5th Amendment. Once we know their plan we will take action accordingly.

Braune: In my column, I denounced the recent Postville, Iowa immigration raid as mean-spirited and confrontational. And I think Homeland Security’s push for the Border Wall, when our Valley is overwhelmingly opposed to it, has the same mean, confrontational quality. Do you think the Border Patrol’s tactics (demanding identification during the mock evacuation drill earlier this year) and the general “zero-tolerance” Operation Streamline are intentionally vicious?

Spencer-Scheurich: It is sad but true. I believe that immigration policy is being set for purely political reasons. It is being determined without regard to the experience that people have in their communities, without an understanding of the economic and social costs, and without even taking into account that similar policies have not worked in the past. It is shameful and hateful. I think we will look back at this period like we do to the days of segregation and Jim Crow laws, 19th Century treatment of Irish immigrants, and the Japanese internment camps during WWII. I just hope that by saying “enough is enough,” the nonprofit organizations in this lawsuit will be able to help their members, no matter what their immigration status is, to avoid life-threatening danger.

Press Release

HOUSTON — Police arrested activist Diane Wilson Monday at the Indian Consulate in Houston. Wilson is on an indefinite fast in solidarity with nine survivors of the Uni*n Carbide Gas Disaster in New Delhi, India.

Through her actions, Wilson, a fourth generation fisherwoman, has urged the Government of India to fulfill the survivor’s demands for clean water, health care and justice. She refers to the survivors “my sisters and brothers,” as she is also from a community polluted by Dow/Carbide in Seadrift, Texas.

On December 3rd, 1984, thousands of people in Bhopal, India, were gassed to death after a catastrophic chemical leak at a Uni*n Carbide pesticide plant; thousands more are now being poisoned by toxic waste from the abandoned factory site. Wilson believes firmly that the Indian government and Carbide parent company Dow Chemical must be held accountable for the ongoing disaster there.

Diane Wilson summed up her commitment to justice and connection the Bhopal survivors: “As one of the Bhopalis said, ‘What else can people do when their government ignores their pain and cries of injustice? Agitate, agitate!’”

Diane’s fast is part of an ongoing Global Fasting Relay, which is being supported by nearly 400 concerned individuals in the United States, the United Kingdom, France, Canada, and India. (The full list of fasters available at http://www.bhopal.net) In North America, actions have taken place in Boston, San Francisco and Toronto, with further action planned at the Indian Embassy in Washington, DC. The brave yet perilous decision to begin an indefinite fast has been undertaken by Wilson and others only after numerous unsuccessful attempts to focus the attention of Prime Minister Manmohan Singh toward the grave situation in Bhopal.

Diane Wilson, a mother of five, became aware of the Dow/Carbide crimes in Bhopal after learning her own Texas County, located near several chemical plants including a Carbide/Dow plant, was the most polluted in the US. After Ms. Wilson was arrested after a protest at her local Dow facility, she toured the country refusing to go to jail until the former CEO of Uni*n Carbide was jailed. Former Carbide CEO Warren Anderson jumped bail after the Bhopal Disaster and has refused to face manslaughter charges in India.

Survivors are demanding the establishment of a special commission to deal with the issues that still plague the people of Bhopal. They are also demanding that the Prime Minister hold Dow Chemical legally liable, following Dow’s purchase of the initial disaster offender, Uni*n Carbide, in 2001. Though survivors have gained support from many influential lawmakers, as well as the Ministry of Law and the Ministry of Chemicals and Fertilizers, the Prime Minister Singh has not budged from his ongoing support of this rogue chemical company.

Nearly half a million people were exposed to poisonous methyl isocyanate during a runaway chemical reaction at the Uni*n Carbide plant in Bhopal in 1984. Since then, more than 22,000 people have died and 150,000 survivors continue to be chronically ill, as the Indian government and Dow have repeatedly failed to address their liabilities in the atrocities of the world’s worst industrial disaster.

The International Campaign for Justice in Bhopal (ICJB) is a coalition of people’s organizations, non-profit groups and individuals who have joined forces to campaign for justice for the survivors of the gas leak. The Campaign for Justice in Bhopal is active in more than 20 cities in the US, UK, France and India.

To view who has signed up for the fast worldwide, visit www.bhopal.net/2008hungerfast.html.

For more information about the history of the gas disaster, visit the following websites: www.bhopal.net, www.studentsforbhopal.org, and www.truthaboutdow.org