Outlook
FALL 2005
Page 2
Update: Lafayette High School
New Immigration Initiative
Page 3
Legal Victories for
Immigrant Workers
Page 4-5
Salman Rushdie and Don Liu
Receive “Justice in Action” Awards
Page 6
Two Unique AALDEF Voting
Reports Released
Page 7
Protecting Trafficking Victims
▲
Salman Rushdie and wife Padma Lakshmi.
Find out what they are celebrating at AALDEF's
Lunar New Year Celebration on page 4.
Photo by Wozzy Dias.
Asian American Legal Defense and Education Fund
BILINGUAL ACCESS TO BALLOT
AT STAKE IN 2007:
AALDEF TESTIFIES BEFORE CONGRESS
sections 2 and 203 of the Voting Rights Act.
As Congress convenes its first round of
AALDEF, along with a coalition of
hearings on the Voting Rights Act (VRA),
community organizations, had monitored
much is at stake for the future of Asian
polling sites in Boston, MA in the 2003 and
American political participation. Key
2004 elections and documented numerous
elements of the VRA are set to expire in
examples of discrimination against Asian
2007 including Section 203 which mandates
Americans at
bilingual ballots
the polling
and language
booths.
assistance
AALDEF
programs and
notified the US
Section 5 which
Department of
calls for federal
Justice about
review of voting
these incidents.
changes in
On October
jurisdictions
18, 2005, a
with a history of
panel of judges
discrimination.
approved an
Both have been
unprecedented
instrumental in
Bilingual voting materials and language assistance have enabled thousands of immigrant Asian
settlement that
expanding
Americans to exercise their right to vote. Photo by Joseph Hsu, World Journal.
requires the City
Asian American
of Boston to provide Chinese, Vietnamese
voting rights nationwide.
and Spanish language assistance to voters,
On November 8, 2005, AALDEF
including bilingual ballots and voter notices,
executive director Margaret Fung testified
and interpreters. The settlement also
before the House Judiciary Subcommittee on
requires mandatory poll worker and
the Constitution about the importance of
interpreter trainings, creates mechanisms to
Section 203. AALDEF is the first Asian
complain about poll workers, establishes an
American group invited to speak before
advisory task force, and permits federal
Congress on the Voting Rights Act's bilingual
examiners to monitor the elections.
language assistance programs.
“This is the first time fully-translated
“The Voting Rights Act has had real
Chinese language ballots have been
significance for the growing Asian American
mandated by a court order,” said AALDEF
community,” said Fung. “These important
staff attorney Glenn Magpantay. “This
provisions are critical tools to fight against
shows that the need to renew the Voting
racially discriminatory voting practices.”
Rights Act is undeniable.” Terms of the
Continued violations of the Voting
settlement were to be implemented
Rights Act against Asian and Latino voters
immediately. On Election Day, AALDEF
led the US Department of Justice (DOJ) to
monitored polling sites across Boston for
file a federal lawsuit against the City of
Continued on Page 6
Boston in July 2005, alleging violations of
Promoting Justice in Education
ASIAN AMERICAN STUDENTS WAIT FOR REFORM
AT LAFAYETTE HIGH SCHOOL
Update: Lowell, MA
Teachers Await
Decision
AALDEF continues to
represent three Asian and
Latino public school teachers
in Lowell, MA who are
appealing their dismissal
after they were tested in
English fluency by school
officials. AALDEF, along
with pro bono co-counsel
Weil, Gotshal & Manges LLP,
successfully established that
one of the two fluency tests
used by the Lowell school
system was not approved by
the Massachusetts
Department of Education.
AALDEF has called into
question the validity of the
other English test as well.
The arbitrator’s decision
regarding reinstatement is
expected soon.
More than a year ago, Lafayette High
School in Brooklyn, New York, was ordered
by the US Department of Justice (DOJ) to
implement an anti-harassment policy, as
well as improve the English Language
Learners program. For years, Asian
American students had been victims of
discrimination by students and school
administrators. Students were beaten and
harassed on school property. Instead of
ensuring their safety, school administrators
tried to force Asian American students into
early graduation.
AALDEF has been keeping close tabs
on the implementation of the 2004 DOJ
consent decree. In March 2005, AALDEF,
together with the DOJ and the United
Chinese Association of Brooklyn, conducted
a “Know Your Rights” workshop for
Lafayette students and faculty. AALDEF
also organized a group of dedicated students
to monitor the consent decree’s
implementation. The group met monthly
during the school year.
AALDEF staff attorney Khin Mai Aung
said, “It’s crucial that the consent decree is
implemented. Through our student
contacts at the school, we hope to learn of
and address any problems that may arise
immediately and efficiently.”
In less than two months, AALDEF
documented several violations. In April, a
Chinese American freshman was beaten by
a group of Lafayette students while waiting
for the subway. School administrators
failed to investigate fully, citing a lack of
interpretation. Asian students have also
complained about the lack of access to
guidance counselors, interpretation and
Regents’ courses. AALDEF has alerted
DOJ about these incidences.
Over the summer, the school’s principal
and senior staff departed. A new
administration is in place. In early October,
AALDEF held the first of many meetings
with Lafayette Asian students. Said Aung,
“We’re cautiously optimistic as we start the
new school year.”
CHALLENGING STATE AND LOCAL
ENFORCEMENT OF IMMIGRATION LAWS
2
In most cases, it is unlawful for local and
state government agencies to enforce
immigration laws. Indeed, in New York City,
Executive Order 41 (EO41) was signed by
Mayor Bloomberg and specifically prevents
city agencies from asking individuals about
their immigration status or disclosing that
information to any other government
agencies. Some recent high profile cases,
however, leave doubt as to how NYC
agencies are complying with EO41 and what
authority oversees its enforcement.
The plight of one AALDEF client was
highlighted in an article in The New York
Times on September 26, 2005. Waheed Saleh
was seized by immigration officials not long
after he filed a complaint with the Civilian
Complaint Review Board against a New York
City police officer who had continually
harassed him. AALDEF is representing
Saleh in removal proceedings to take place in
December. AALDEF also registered a
complaint with the City of New York,
asserting that NYPD officers violated EO41.
“We haven’t had any meaningful
response yet from the City,” said Tushar
Sheth, AALDEF staff attorney and Open
Society Institute Fellow who is representing
Mr. Saleh.
Continued on Page 7
Promoting Workplace Justice
ASIAN AMERICAN WORKERS
ASSERT RIGHTS AND WIN BACK WAGES
Discrimination Case
on Behalf of Port
Authority Police
Officers Continues
In April 2005, AALDEF
filed a federal lawsuit on
behalf of 12 Asian American
police officers of the Port
Authority of New York and
New Jersey who faced
multiple instances of
workplace discrimination,
including denial of
promotions and preferred
assignments. The officers
were also subjected to racial
slurs and derogatory remarks
and faced stricter disciplinary
action for minor infractions
than non-Asian officers.
Their complaint had
previously been filed in 2001
with the federal Equal
Employment Opportunity
Commission, which found
probable cause to support the
allegations. The case is
currently in discovery.
AALDEF Legal Director Ken
Kimerling is lead counsel on
the case, working with pro
bono counsel Cravath,
Swaine & Moore LLP.
3
Immigrant workers are often subjected
and hour violations.
to serious, unlawful labor practices,
AALDEF has also filed a lawsuit in
exploited by employers who do not think
federal court against East Buffet, a major
immigrants will assert their rights.
restaurant located in Long Island, New
AALDEF provides legal representation to
York, on behalf of several waiters and bus
workers and collaborates with community
persons alleging widespread labor law
organizations to assist immigrant workers
violations, including failure to pay
seeking their
minimum wage
rightful wages.
and overtime.
In 2005,
More than
AALDEF has
$10,000 in tips
secured more
left by customers
than $140,000 in
each week was
backwage and
never distributed
workers’
to waiters or bus
compensation
persons. When
settlements for
the workers
seven immigrant
complained about
Korean workers
the unlawful
who were paid
practice, the
AALDEF Legal Director Ken Kimerling (center) announces federal lawsuit on behalf of
below minimum immigrant restaurant workers at East Buffet, a Long Island restaurant. Photo by Chinese Staff restaurant stopped
& Workers’ Association.
wage, not
distributing any
compensated for
tips at all.
overtime or terminated because of
A $75,000 settlement was reached on
workplace injuries. These cases were filed
behalf of a Bangladeshi waiter at a
with the help of the community group
prominent Manhattan Indian restaurant.
YKASEC-Empowering the Korean
AALDEF had filed the suit in federal court
American Community.
last fall on behalf of Mr C., seeking four
A settlement of $73,000 was reached in
years of unpaid minimum wage, overtime
April 2005 for a Korean American man
pay and tips.
who worked 84 hours a week at a New
Said Mr. C., “I hope other imigrants can
York City grocery store for 12 years, with
take heart in the justice we achieved.”
no meals or rest breaks. A Korean worker
AALDEF worked with Workers Awaaz, a
who worked 72 hours a week even after his
South Asian workers’ organization, in the
jaw was broken in a robbery attempt at his
effort to help Mr. C. seek redress from his
workplace received a settlement of $35,000
former employer.
in October.
“Hopefully, these settlements and legal
AALDEF also negotiated a settlement
actions will encourage other immigrant
of $2,900 on behalf of three Korean-Chinese
workers to come forward to assert their
construction day-laborers, ethnic Koreans
rights. Regardless of their status, immigrant
who had immigrated from China. This was
workers are entitled to the protection of basic
believed to be the first ever settlement on
labor laws,” said AALDEF staff attorney
behalf of Korean-Chinese workers for wage
and Skadden Fellow Steven Choi.
2005 Lunar New
JUSTICE CIRCLE
Mercedes-Benz USA, LLC
SALMAN RUSHDIE AND DON LIU RECEIVE
“JUSTICE IN ACTION” AWARDS
BENEFACTOR
Bingham McCutchen LLP
Cravath, Swaine & Moore LLP
IKON Office Solutions
Morgan, Lewis & Bockius LLP
Pfizer Inc.
Prudential Financial
Weil, Gotshal & Manges LLP
PATRON
Anheuser-Busch, Inc.
AT&T
Cadwalader, Wickersham &
Taft LLP
Canon USA, Inc.
Coudert Brothers LLP
Duane Morris LLP
DuPont Company
Fried, Frank, Harrison, Shriver
& Jacobson LLP
Latham & Watkins LLP
Mayer, Brown, Rowe &
Maw LLP
National Asian Pacific American
Bar Association
Open Society Institute
The Reed Foundation
Schulte Roth & Zabel LLP
Seyfarth Shaw LLP
In front of a standing-room only crowd
of more than 900, author Salman Rushdie
and attorney Don H. Liu, Senior Vice
President and General Counsel of Toll
Brothers (formerly of IKON Office
Solutions) were honored with 2005 Justice
in Action awards at AALDEF’s annual
Lunar New Year Gala on February 7, 2005
in New York City. Broadcast journalists
Cindy Hsu of WCBS-TV and Arthur Chi’en
of WPIX-TV (formerly at WCBS) were the
emcees, and WCBS-TV reporter Ti-Hua
Chang delivered a special message.
Don Liu recounted when he was an
AALDEF board member and worked on an
incident involving a Korean American
student in Westchester who was the victim
of a racist attack. His anecdote illustrated
how organizing (in this case, among
parents) can bring about results not
achieved by litigation, an approach that
describes AALDEF’s view on community
lawyering. Liu received his award from
former New Jersey Supreme Court Justice
Stewart G. Pollock.
Salman Rushdie accepted his award to
the sound of enthusiastic cheers. Rushdie
was pointedly critical about the USA Patriot
Act and its ineffectiveness in dealing with
terrorism and also intertwined witty
observations and personal anecdotes into
his sharp political commentary. Rushdie
received his award from novelist and former
AALDEF intern Monique Truong.
Supporters were treated to stunning
evening views and the traditional lion
dance. More than $650,000 was raised to
support AALDEF’s legal programs.
Simpson Thacher & Bartlett LLP
Washington Mutual
FRIENDS
Akin Gump Strauss Hauer &
Feld LLP
Blank Rome LLP
Citigroup Commercial Business
Group
Citigroup Foundation
Cleary, Gottlieb, Steen &
Hamilton
Con Edison
Cravath, Swaine & Moore LLP
Davis Polk & Wardwell
Debevoise & Plimpton LLP
Dewey Ballantine LLP
Dorsey & Whitney LLP
GE Commercial Finance - Vendor
Financial Services
l to r - Honoree Don H. Liu, AALDEF Executive Director Margaret Fung, presenter Stewart G. Pollock, Honoree Salman Rushdie, actor B.D Wong, and presenter
Monique Truong. Photo by Corky Lee.
4
Year Celebration
front, l to r – Damijan Saccio, Monique Truong, Honoree Salman Rushdie, Padma Lakshmi, AALDEF Executive Director Margaret Fung, Heather Shaw of Time
Warner. Back, l-r – Stewart G. Pollock, Matthew Espe of IKON Office Solutions, AALDEF Board Member Ayaz Shaikh, Honoree Don H. Liu and wife Jin Hwang,
Roopa Unnikrisnan, and Sree Sreenivasan. Photo by Wozzy Dias.
Hugh L. Carey Battery Park City
Authority
IBM
Jackson Lewis LLP
Johnson & Johnson
Randall K.C. Kau and Elizabeth
M. Olmsted
Kaye Scholer LLP
King Pharmaceuticals, Inc.
Kelley Drye & Warren LLP
Kobre & Kim LLP
Kramer Levin Naftalis &
Frankel LLP
LeBoeuf, Lamb, Greene &
MacRae, LLP
Lehman Brothers, Inc.
Milbank, Tweed, Hadley &
McCloy LLP
Minority Corporate Counsel
Association
Morgan Stanley
NBC4
The New York Times
Orrick, Herrington & Sutcliffe
Patterson, Belknap, Webb &
Tyler LLP
Paul, Weiss, Rifkind, Wharton &
Garrison LLP
Pillsbury Winthrop LLP
Reed Smith LLP
Shearman & Sterling LLP
Sidley Austin Brown & Wood
LLP
Skadden, Arps, Slate, Meagher &
l-r, NAPABA President Michael Chu, Parkin Lee of NY Life Insurance, Tommy Shi of MercedesBenz, and P.C. Cheng of the Asian American Bar Association of New York. Photo by Corky Lee.
Benefit Co-Chair Wayne Winborne and Lata Reddy of Prudential
Financial take in the festivities. Photo by Wozzy Dias.
Honoree Salman Rushdie, AALDEF Executive Director Margaret
Fung, Alice Young of Kaye Scholer and Congressman Jim
McDermott enjoy an animated discussion. Photo by Corky Lee.
Benefit Co-Chair Brian Beglin (back, second left) and colleagues from Bingham McCutchen
welcome in the new year. Photo by Wozzy Dias.
Flom LLP
Sonnenschein Nath &
Rosenthal LLP
Tyco International (US) Inc.
U.S. Trust Company of New
York
Verizon
WABC-TV
Wachtell, Lipton, Rosen & Katz
E. Waide Warner, Jr. and Cecilia
Tso
WCBS-TV
White & Case LLP
Wilmer Cutler Pickering Hale
and Dorr LLP
5
AALDEF Spearheads New
BILINGUAL ACCESS TO BALLOT AT STAKE IN 2007
Continued from Page 1
AALDEF Releases
Two Voting Reports
on 2004 Elections
The reports, “The Asian
American Vote 2004” and
“Asian American Access to
Democracy in the 2004
Elections,” show that the
Asian American voting
population is composed of
first-time voters and new
citizens and that many voters
with limited English ability
face discrimination at the
polls. Packed with numerous
charts and tables, these
reports provide a detailed
snapshot of the Asian
American voting population
that has not been found in
mainstream media coverage
or exit polls.
The reports are based on
the results of AALDEF’s
monitoring and exit poll of
the 2004 Presidential
Elections in 20 cities in eight
states. Almost 11,000 Asian
American voters were polled
in 23 Asian languages and
dialects. Copies of the
reports are available online at
www.aaldef.org
6
and the greatest beneficiaries (46%) were
compliance with the settlement.
first-time voters.
AALDEF represented four limited
Leading up to the reauthorization of the
English proficient voters (three Chinese and
VRA in 2007, AALDEF is launching a
one Latino) and four Asian American and
major voting rights initiative that will target
Latino community organizations as
Asian American communities in at least 10
defendant-intervenors in the Boston
states: New York, New Jersey,
lawsuit. Although denying the motion to
Massachusetts, Pennsylvania, Rhode Island,
intervene, the court did note that the
Illinois, Michigan, Maryland, Virginia and
settlement allowed for meaningful
Hawaii. AALDEF was integral in the
consultation from community groups.
expansion of the Voting Rights Act in 1992,
Greater Boston
the last time
Legal Services
Congress
and Weil, Gotshal
reauthorized
& Manges LLP
section 203 and
were co-counsel.
extended the
Asian
minority
American voters
language
in New Jersey
provisions to
will also be
include 200,000
greeted by a
Asian-language
change on
voters
AALDEF staff attorney Glenn Magpantay (far right) with (from left) co-counsel Cindi Mark,
Greater Boston Legal Services, and clients Karen Chen, Chinese Progressive Association; Henry nationwide.
Election Day.
Yee, Boston Chinatown Resident Association; Lydia Lowe, Chinese Progressive Association; Mr.
This Fall, the
AALDEF has
Siu Tsang and Mrs. Fung Yung, voters. Other defendant-intervenors not pictured here are
voter
Maria
Altreche
and
civic
group
City
Life
/
Vida
Urbana.
Photo
by
AALDEF.
New Jersey State
appeared in the
Legislature
NBC News
adopted a new law that calls for translated
documentary, “The Law that Changed
postings of the Voters' Bill of Rights in
America,” about the 1965 passage of the
election districts where a language is spoken
Voting Rights Act and spoken at
by at least 10% of district's registered
conferences and panels on the VRA in
voters. Also passed was a law that enables
California, Massachusetts, New York, and
provisional paper ballots to correct voter
Washington, DC.
registration errors. AALDEF has worked
“It is important that Asian Americans,
with a diverse coalition of civic groups to
especially new citizens, understand the
implement election reforms over the past
significance of the Voting Rights Act and
two years to better enable individuals to
how it has made the voting booth more
exercise their right to vote.
accessible for America's newest citizens and
Asian American voter turnout has
voters,” said Fung.
steadily increased, from 1.7 million in 1996
With 15 years of information on Asian
to nearly 3 million in 2004. According to
American voting patterns and voters
AALDEF's 2004 exit poll of nearly 11,000
(including two reports released this year, see
Asian American voters in 8 states, almost
sidebar), AALDEF is uniquely poised to
one-third of all respondents needed some
mobilize Asian American communities in
form of language assistance in order to vote,
the debate over reauthorization.
Legal Initiatives for Immigrants
LEGAL ACCESS
FOR
As many as 800,000 victims are
trafficked across international borders each
year. One-half are children and 80% are
female. Overwhelmingly, the largest
number of people trafficked into the United
States—as many as 7,000 people—come
from Asia and the Pacific Islands.
Trafficked victims can be found working in
private homes, farms, factories, restaurants
and in construction.
AALDEF has launched a special
initiative to advance the rights of women
and youth trafficking survivors. Ivy
Suriyopas, graduate of the University of
California-Hastings College of Law, joins
AALDEF as an Equal Justice Works Fellow
to lead this project.
“Trafficking combines the legal
interests of many immigrant populations,
including women, youth, and workers,”
said Ms. Suriyopas. “It is the single
intersection of many social ills with
trafficking victims being exploited in a most
TRAFFICKING VICTIMS
complete way.”
Trafficking is not to be
confused with smuggling,
which is the voluntary
crossing of international
borders without inspection.
People who are trafficked have been
recruited, detained or received into the US
through force, fraud or threats for slavery,
forced labor or exploitation. Forced to work
for no pay and with little access to the
outside world, trafficking survivors often
live in extreme isolation and fear the stigma
of coming forward to ask for help.
Under Suriyopas’s direction, AALDEF
will provide legal representation to
trafficked women and youth to insure they
have access to quality human and social
services. A kickoff workshop was held on
October 24 to alert community
organizations and social service agencies
about trafficking and how to encourage
victims to come forward for help.
CHALLENGING STATE
Continued from Page 2
AALDEF is also representing a Chinese
crime victim whose immigration status was
disclosed to the media during national
coverage of his plight. Ming Kuan Chen was
stuck in a broken elevator in the Bronx for
more than 3 days while delivering Chinese
food in April 2005. Widespread media
coverage of his horror story revealed his
immigration status through NYPD sources.
“According to Executive Order 41, city
agencies should not have revealed his
immigration status,” said AALDEF
executive director Margaret Fung. Mr.
Chen has left New York City fearful of
reprisal as a result of the news coverage.
AALDEF is representing Mr. Chen and
Mr. Saleh through its new Immigrant
AND
Sin Yen Ling was honored by the New York City
Council for her tireless efforts on behalf of
Asian New Yorkers. She received her
commemorative plaque from New York City
Councilmember John Liu. Photo by AALDEF.
Former staff attorney
SinYen Ling has moved to the
Bay Area where she is
practicing immigration law.
SinYen first joined AALDEF
as a law student intern in
1997 and continues to
volunteer as an AALDEF
cooperating attorney. We
wish Sin Yen all the best in
her new endeavors!
LOCAL LAWS
Access to Justice Project which seeks to
challenge state and local enforcement of
immigration laws. Following September 11,
many state and local entities in New York
City and around the country have been
drawn into the enforcement of immigration
laws, departing from longstanding policies
of deferring to the federal government on
such issues. Led by Tushar Sheth and
funded by the Open Society Institute,
AALDEF will provide legal representation
to individuals whose rights have been
violated and conduct “Know Your Rights”
training and legal advocacy on this
important issue. A new legal rights
pamphlet is available online at
www.aaldef.org.
AALDEF welcomes new
communications coordinator
Shirley Lin. Lin brings to
AALDEF communications
and organizing experience in
immigrants’ rights, workers’
rights, and health care. She
is a volunteer producer for
the radio show Asia Pacific
Forum on WBAI FM.
7
Outlook
Lunar New Year Celebration - Year of the Dog
OUTLOOK is a publication of the Asian American
Legal Defense and Education Fund. Founded in
1974, AALDEF protects and promotes the civil
rights of Asian Americans through litigation,
advocacy, and community education.
AALDEF
99 Hudson Street
New York, NY 10013-2815
212.966.5932 (t)
212.966.4303 (f)
www.aaldef.org
[email protected]
Save the Date
THURSDAY, FEBRUARY 2, 2006
“Justice in Action” Honorees
Ivan K. Fong
Cardinal Health, Inc.
Charles J. Ogletree, Jr.
Harvard Law School
Katrina vanden Heuvel
The Nation
at PIER SIXTY, Chelsea Piers, New York City
For tickets and sponsorship information, contact Lillian Ling, 212.966.5932.
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FALL 2005 EDITION