Executive Summary: NCAPA "Call to Action"

A Platform for Asian Pacific Americans - National Policy Priorities for 2004

By NCAPA - The National  Council of Asian Pacific Americans

APA Women | Data Collection & Statistics | APA Senior Citizens | Overcoming Poverty | Community and Economic Development | Education | Primary and Mental Health | APAs in the Federal Program | Diversity and Affirmative Action | Laws against Discrimination | Stopping Hate Crimes | Racial Profiling and the USA Patriot Act | Voting Rights | Equity for Veterans | Hawaiian Self-Determination | Immigration | Language Access | English Plus | Military Standards for Airport Security | Organizing and Enforcement against Workplace Discrimination | Technology

February 2004 - Asian Pacific Americans (APAs) are the fastest growing racial group in the United States. They have come from 50 nations to the United States and speak over 100 languages and dialects. Those nations are located in East and South Asia and the Pacific Islands. APAs reflect a complex and diverse community.

The organizations that comprise the National Council of Asian Pacific Americans have developed this platform on issues of national importance that should be addressed by the political parties and the candidates for president of the United States. While not active on all issues affecting APAs, NCAPA represents a broad range of community interests: ethnic groups, women, labor, health, civil rights groups, lawyers, senior citizens, and groups interested in community and leadership development.

These organizations have worked closely with the many segments of Asian Pacific America across the nation, and these positions reflect the experiences of those who represent and serve APAs on a day-to-day basis. While much that is addressed here will surprise those who have accepted a stereotyped, one-dimensional view of APAs, understanding these issues will provide a linkage to one of the nation’s fastest growing populations. It is critical that these needs be addressed at the highest level and in consultation with the communities that face them.

SECTION I: WE, THE PEOPLE OF THE UNITED STATES

Asian Pacific American Women

Asian Pacific American women have provided leadership and action in their communities and nationally large. We must:

• Promote culturally educated and linguistically accessible health and human services, including family planning and community education on reproductive health for APA women and girls.
• Control the marriage broker industry by supporting the Marriage Broker Control Act of 2003, which would provide for criminal background checks and information to foreign spouses on histories of domestic violence and the laws that protect them from abuse.
• Stop domestic violence by supporting the Violence Against Women Act and full funding for programs and services that serve APA women because of special needs and barriers.

Don’t Count APAs Out: Data Collection and Statistics

There is insufficient information on the APA community and its needs, making it impossible to meet the community’s real needs. Moreover, the lack of data on the particular needs of the many ethnic subgroups compounds the stereotypes that miss significant pockets of great need in the community. We must advocate for:

• Increased data collection, analyses and dissemination of information about Asians Pacific Americans. Implementation of the revisions to OMB Directive 15, which require federal agencies to report and disaggregate data on APA groups.
• Increased funding for research and data collection and the involvement of community organizations in the collection.

Enriching the Lives of APA Senior Citizens

Senior APAs continue to add to the strength of the APA community and the nation. They have significant needs for health care, housing, public benefits, employment, and public safety. We must:

• Support the restoration of Supplemental Security Income (SSI) eligibility for post August 22, 1996 immigrants and limitation of sponsor liability to a five-year deeming period.
• Provide affordable Medicare prescription drug benefits.

SECTION II: PROMOTE THE GENERAL WELFARE

Empowering APAs to Overcome Poverty

A difficulty in serving the needs of APAs is the assumption that there is little poverty throughout the community. The 2000 Census found that there were approximately 1.25 million APAs living below the poverty level. Although APAs have the highest median income, the percentage of APA families living in poverty (10.7%) is higher than that of for Non-Hispanic whites (7.8%). But these statistics do not provide a complete picture of the community’s poverty. The 2000 poverty rate for Hmong Americans was 38%, 29% for Cambodian Americans, 19% for Laotian Americans, and 16% for Vietnamese Americans. (President’s Advisory Commission on Asian Americans and Pacific Islanders, AAPIs: A People Looking Forward, Washington, D.C., January 2001, p. 10.) We must:

• Support the economic empowerment of APA women with a welfare bill that truly brings women and families out of poverty. English as a second language classes should be allowed for longer than the current three-month limit. NCAPA supports the implementation of the Battered Immigrant Women’s Economic Security Act so that immigrant women with pending immigration relief applications can receive public benefits, food stamps, and housing. The Temporary Assistance of Needy Families (TANF) Act should be adjusted to address the fact that domestic and sexual violence is a barrier to economic stability as well as to safety.
• Call for the end of restrictions on federal safety-net benefits for lawfully present immigrants, restoring fairness and equality to immigrants who pay taxes and contribute to our society.

A Home for All: Community and Economic Development

Low income APAs need affordable, safe and secure housing. Native Hawaiians have the most severe housing shortage. We must:

• Assure fair and affordable housing opportunities for low-income APAs.
• Provide access to housing assistance for immigrant APAs.
• Protect homebuyers and owners from predatory lending.
• Strengthen the capacity of community development and community-based organizations to serve the housing needs of low-income APA communities.
• Encourage HUD to provide federal leadership and guidelines regarding safety for battered APA and immigrant women seeking housing.

Educating the Forgotten Student

As with poverty statistics, the “model minority” stereotype leads to an assumption that APA students need little assistance. In fact, serious challenges exist for Pacific Islander, Cambodian, and Hmong American students. There is a substantial need for programs and funding to assist the many APA students who must learn English as they learn their other subjects. We must:

• Assure that there is adequate funding for the implementation of the No Child Left Behind Act (NCLB).
• Assure that Title III funds reach APA English-language learner students and create mechanisms to inform and get feedback from the APA community on the implementation of NCLB.
• Support full funding of minority outreach programs for access to higher education.
• Support greater affirmative action for APA teachers under the Higher Education Act.
• Support more resources for English language learners.
• Support the Asian American and Pacific Islander Serving Institution (AAPISI) designation, which designates institutions of higher education that serve significant pockets of APA students.

Primary and Mental Health for All

Barriers for APAs seeking quality primary or mental health services include lack of health insurance, lack of trained bilingual service providers, limited availability of interpreters, and legislation that places extra burdens on immigrants by denying them resources. We must:

• Provide for immigrant children whose health needs are currently not covered. Support the Immigrant Child Health Improvement Act (ICHIA).
• Continue the Community Health Care Centers (CHCs) expansion.
• Support Medicaid with reforms that ensure that the program is still available for those that depend on it.
• Support the Senator Paul Wellstone Mental Health Equitable Treatment Act, S. 485 and H.R. 953, which will provide simple parity between mental health benefits and benefits provided for treating any other illness or injury.

SECTION III: ESTABLISH JUSTICE

Including APAs in the Federal Program

The federal government has not done well in serving the APA community. By bringing more APAs into government at all levels, the government should better understand the community and its needs. We must:

• Appoint qualified APA men and women with records of community involvement at all levels of government.
• Strengthen the White House Initiative on Asian Americans and Pacific Islanders by appointing a full Commission with strong community credentials and funding the Initiative with a minimum of $3 million.

America’s Strength: Diversity and Affirmative Action

APAs benefit by a society that values its diversity and implements programs that seek to make that diversity as effective as possible at all levels. The Supreme Court recently recognized a new affirmative action as a tool to enhance diversity in education. APAs need affirmative action to overcome barriers that have limited employment opportunities for many APAs. We must:

• Protect against legal challenges to legal affirmative action programs in education, employment, and government contracting.
• Practice affirmative action in admission to educational institutions, in employment, and in government contracting.
• Vigorously enforce the requirement that federal agencies and contractors with the federal government have and follow affirmative action plans.

Enforcing Fairness through Laws against Discrimination

Federal law prohibits discrimination on the basis of race, religion, national origin (including language), gender, age (for those over 40 years of age), and disability. APAs face discrimination on the job, in housing, in public accommodation, and in other areas. The Department of Justice, the Equal Employment Opportunity Commission, the Department of Housing and Urban Development, and other federal departments are charged with enforcing these laws. Much of the discrimination faced by APAs results from being viewed as perpetual foreigners. We must:

• Adequately fund and staff federal and state discrimination enforcement agencies.
• Require enforcement agencies to hire, or contract with, staff capable in APA and other languages, and practice affirmative action to help the agencies understand how best to work with under-served communities.
• Use government agencies to encourage those that face discrimination to use the laws that protect them and to educate employers as to their rights and responsibilities.

Stopping Crimes of Hate

Throughout American history, hate crimes have threatened the fabric of American society. Federal hate crimes legislation is needed to guarantee that these attacks shall be prosecuted irrespective of state standards or practices. APAs have faced such crimes based on race, national origin, and religion. Federal law does not cover sexual orientation. Federal funding can make a difference in the local prosecution of hate crimes. We must:

• Provide sufficient funding for investigations and training at the state as well as the federal level, in order to increase the use of hate crime laws.
• Support the passage of the Local Law Enforcement Enhancement Act of 2003 or similar legislation that would strengthen the nation’s commitment against hate crimes.  

Racial Profiling and the USA Patriot Act

Racial profiling violates the Constitution and sound law enforcement practices, yet it is a problem for minority groups, including APAs. The relocation of Japanese Americans during World War II and, more recently, suspicion of APA nuclear scientists has involved assumptions of guilt based on national origin. Since 9/11, profiling based on national origin and/or religion (or perceptions thereof) has been conducted in airport security, in immigration enforcement, and in other investigations. The USA Patriot Act, enacted in response to the terrorist attacks, has raised serious constitutional questions. We must:

• Curb racial profiling at all levels and support the End Racial Profiling Act of 2003.
• Support proposals that will change the USA Patriot Act to protect privacy and civil liberties. Keep a sunset provision requiring periodic review of the Act.

Preserving the Franchise

The Voting Rights Act was originally passed to protect the rights of African Americans seeking to vote. While the rights of APAs and others were also protected, it was not until the Voting Rights Language Assistance Act was passed in 1992 that the law addressed the needs of voters requiring language assistance. We must:

• Support the reauthorization of the Voting Rights Act, which will otherwise expire in 2007.
• Support effective implementation of the Help America Vote Act (HAVA), with attention to using technologies and other assistance to make the franchise more accessible for language minorities.
• Provide funding for all costs of implementing Section 203, including payment of written and verbal translators where the Voting Rights standard is met.

Equity for Veterans

Prior to World War II, the Philippines were under American rule. After the Japanese invasion, the U.S. drafted members of the Philippine armed forces into the U.S. military. After the war and Philippine independence, Filipino veterans were denied all benefits that they were due as U.S. veterans. We must:

• Support the repeal of the Rescission Act of 1946; passage of the Filipino Veterans Equity Act, H.R. 677 and companion legislation providing Filipino veterans of World War II with recognition of their service with the U.S. military and full benefits that they have earned.
• Provide an extension of the Hmong Veteran’s Naturalization Act.  

Hawaiian Self-Determination

In 1893, the sovereign government of Hawaii was overthrown with the support of the U.S. Minister of Interior to Hawaii and U.S. military forces. The people of Hawaii never approved the provisional government or any other change from their chosen government until Hawaii became a U.S. state in 1959. The U.S. formally apologized for its role in an “act of war” in denying the Hawaiian people their right of self-determination.

• The U.S. government must resolve its unsettled relationship with Native Hawaiians. Native Hawaiians should be allowed self-determination over their own affairs within the framework of federal law, as Native American tribes are allowed to do.
• The U.S. must redress Hawaiian claims to land and natural resources consistent with the law, including the 1921 Hawaiian Homes Commission Act and the Hawaiian Home Lands Recovery Act of 1995.

SECTION IV: THE DOOR TO AMERICA’S FUTURE

Immigration: The Door to America’s Future

The immigration system of the U.S. faces serious trouble, ranging from lengthy bureaucratic delays to limited options for working but undocumented persons and their children. Following the attacks of 9/11/01, serious limitations on due process have been made using the immigration system. Furthermore, concerns have been raised as the immigration functions have been shifted from the Department of Justice to the Department of Homeland Security. We must:

• Reform our immigration system in a comprehensive manner.
• Clear bureaucratic obstacles to citizenship.
• Provide meaningful, individualized, and independent consideration in judicial removal proceedings with guaranteed access to counsel. Eliminate mandatory detention for individuals who do not pose a danger to the community or present a risk of flight.
• Eliminate criminal penalties for the simple failure to file change of address forms or to register.
• Eliminate the requirement of “special registration” under the National Security Entry-Exit Registration System (NSEERS) and provide relief to individuals adversely affected by the program.
• Keep civil immigration enforcement a matter for federal officials only.
• Prevent the flooding of national criminal databases with potentially erroneous and counterproductive immigration information.
• Support the Civil Liberties Restoration Act of 2004.
• Continue America’s historic leadership in providing safe haven for people fleeing terror. In particular, provide opportunities for refugees in Southeast Asia and other parts of Asia to resettle as refugees in the U.S.
• Support the Development Relief and Education for Alien Minors (DREAM) Act/Student Adjustment Act.
• Direct the Department of Homeland Security to stop raids on airport work forces or at other locations where there is no evidence of specific violations or threats to national security.

Language Access

With a majority of APAs born outside the U.S. and a significant number of APAs being of limited English proficiency (LEP), the ability to communicate has a direct impact on substantive rights and opportunities. We must:

• Maintain Executive Order 13166 and fully implement the order directing federal agencies to enforce their Title VI obligations by improving access to services for limited-English-proficient (LEP) individuals, and fully implement the order, including providing adequate funding.
• Appropriate funds for language access programs.
• Support full compliance with Title VI prohibitions against national origin discrimination affecting LEPs.
• Increase funding for English acquisition courses for immigrants regardless of their date of entry under the Temporary Assistance to Needy Families program.

Enhancing America’s Voice: Toward English Plus

America should take advantage of its tremendous diversity to become multilingual. Rather than limiting the use of foreign languages, it should build upon all language abilities to compete more effectively in the global marketplace. We must:

• Support the concept of a multilingual America, including English Plus laws and programs that prioritize the learning of multiple languages, including English, by the American people. 12
• Oppose discriminatory English Only provisions at the federal, state, and local levels.
• Call for laws or rulings that find workplace English Only rules, if not necessary for legitimate business purposes, to be discriminatory of national origin.

SECTION V: WORKING FOR A PROSPEROUS FUTURE

Military Standards for Airport Security

Shortly after the attacks of 9/11, the Aviation and Transportation Security Act made a number of changes to enhance security. One that did not was to require that airport security personnel be U.S. citizens. This discriminatory rule threw many experienced airport security personnel out of work. At the same time, military personnel, including the armed soldiers on duty at airports, are not required to be citizens. We must:

• Seek the removal of the citizenship requirement for airport security screeners.
• Not extend citizenship requirements to additional occupations.

The Right to Organize and Be Protected from Discrimination at Work

The National Labor Relations Act protects the right of workers to organize and bargain collectively. Many, however, are denied that right because they are vulnerable to workplace exploitation, including using immigration enforcement as a tool of intimidation. In a recent case, the Supreme Court held that an undocumented worker who was illegally fired for seeking to join a union was nonetheless not entitled to backpay for that firing. This rationale may also be applied to claims of discrimination. By removing the penalty, an incentive for further violations has been provided. We must:

• Repeal the Hoffman Plastics v. Castro case.
• Not using immigration law to intimidate immigrants seeking to assert their rights to organize into unions, complain of discrimination, or to assist other workplace rights.
• Change the National Labor Relations Act so that workers can form unions by majority rule expressed through signed cards or petitions verified by a neutral third party; penalties for interfering with worker organizing should be sufficient to deter interference; and binding arbitration should be available were employer and a newly organized union cannot agree on a collective bargaining contract.
• Support the exercise of rights by workers seeking to form unions and to bargain collectively and encouraging employers to remain neutral, to recognize unions based on simple majority sentiment, and to negotiate fair contracts expeditiously when unions are organized.

Technology for All

With technology becoming increasingly important in accessing both public services and employment and business opportunities, individuals and businesses that face barriers to that access will suffer. While many APAs are connected to the Internet, certain segments of the population, for example some Pacific Islanders face a “digital divide.” We must:

• Employ programs to achieve universal access, including funding for community access points.
• Increase community-based technology capacity, including programs providing training for a workforce ready to use appropriate technologies.
• Produce relevant content for APA communities, including content needed by immigrant and low-income communities.
• Conduct “needs assessments” to determine the service and infrastructure needs of APA communities.
• Develop and fund projects that reach present to the APA community information on technological opportunities for both individuals and businesses. Involve community organizations in these projects.

Other Readings of Interest @ AAV

• National AAPI Leaders Denounce Gutting of Historic Executive Order
  NCAPA Release
  May 2004 - Community leaders call on President Bush to retain focus on improving the quality of life of underserved Asian Americans and Pacific Islanders
• Call to Action: Platform for Asian Pacific Americans - National Policy Priorities 2004
  By NCAPA
  Full version of the platform at NCAPAOnline.org
• Presidential Candidate Questionnaire Seeks Pledge to Eliminate Glass Ceiling Discrimination
  By the 80-20 Initiative & PAC
  Text of questionnaire delivered to all major Presidential candidates during the short-lived primary season leading up to the 2004 presidential elections