I had the distinct pleasure of hearing Bharathi's presentation on Title VI. She is a federal prosecutor employed by the Department of Justice Civil Rights Division in Washington, D.C.
She also wrote a rather in-depth article in the April edition of "The Police Chief," focusing on Limited English Proficient populations and law enforcement. The website, www.lep.gov lends an overview of the federal law and who must comply. Simply stated, any agency, any where, non-profit, for-profit, governmental or private that receives federal assistance in some form, must comply with Title VI. This includes the entire agency or business – not just affected portions. It also includes direct and indirect funding. In short, nearly every business or organization relies upon some type of assistance, federally funded in some way and therefore is bound to the Title VI law.
A brief explanation of the law:
"Title VI, 42 U.S.C. § 2000d et seq., was enacted as part of the landmark Civil Rights Act of 1964. It prohibits discrimination on the basis of race, color, and national origin in programs and activities receiving federal financial assistance. As President John F. Kennedy said in 1963:
Simple justice requires that public funds, to which all taxpayers of all races [colors, and national origins] contribute, not be spent in any fashion which encourages, entrenches, subsidizes or results in racial [color or national origin] discrimination.
If a recipient of federal assistance is found to have discriminated and voluntary compliance cannot be achieved, the federal agency providing the assistance should either initiate fund termination proceedings or refer the matter to the Department of Justice for appropriate legal action. Aggrieved individuals may file administrative complaints with the federal agency that provides funds to a recipient, or the individuals may file suit for appropriate relief in federal court. Title VI itself prohibits intentional discrimination. However, most funding agencies have regulations implementing Title VI that prohibit recipient practices that have the effect of discrimination on the basis of race, color, or national origin.
To assist federal agencies that provide financial assistance, the wide variety of recipients that receive such assistance, and the actual and potential beneficiaries of programs receiving federal assistance, the U.S. Department of Justice has published a Title VI Legal Manual. The Title VI Legal Manual sets out Title VI legal principles and standards. Additionally, the Department has published an Investigation Procedures Manual to give practical advice on how to investigate Title VI complaints. Also available on the Coordination and Review Website are a host of other materials that may be helpful to those interested in ensuring effective enforcement of Title VI."
This law brings to light several questions regarding recent local legislations such as "English Only" statutes, the ability of the police to properly detain individuals for ICE and proper representation by qualified interpreters.
A member of the audience asked Bharathi's opinion on several landmark, local laws taking place around the country, namely in Pennsylvania.
Her response: No one has reported the incident that she is aware of.
Her reply was met with stupefied silence. Jaws were slack with the realization that not a single organization had thought to report the action in the form of a complaint to the Department of Justice Civil Rights Division.
In her April article, Bharathi gives an example of the need for law enforcement language instruction. She recounts an event that happened to a Washington, D.C. police officer while on duty who escaped harm when an attempt was made on his life. The officer heard the passengers exchange comments as he was approaching the vehicle. One told the other, "Shoot when he gets closer." The officer understood, pulled his firearm and carefully approached the vehicle. The suspects fired on the officer and he fired back. Instances such as these make the case for learning important phrases – they are indeed lifesavers.
Bharathi described other instances, like a man serving time for a crime – not a life sentence, who starved to death because he could not communicate his diet needs due to a health issue; or the person arrested who was so terrified, whatever English he knew was suddenly forgotten, he didn't know how to act when detained by law enforcement and attempted to reach into his pocket for his wallet.
Of course, health and law enforcement are the two primary areas of concern for Title VI compliance. They are the most critical in time of emergency.
One walked away from the meeting with a few facts:
1. Title VI is alive, well and waiting to investigate claims of discrimination.
2. Millions of dollars in direct and indirect funding for everything from bullet-proof vests to outreach activities could be at stake.
3. The Department of Justice, Civil Rights Division, is spreading the word.
Website: www.lep.gov
Complaint form can be downloaded from the website or a person can call: 1-888-848-5306
2006 Copyright: Jackie Beltran
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Comments: 12
I like the idea of a law manual, I know I would need one! Step by step instructions for local deputy dawgs and myself.
Out here we do have a few local orchards the seem to have immigrant pickers, but enforcing compliance of immigration laws out here is a matter of who is going to pay for detaining, feeding and care of prisoners. It's my understanding that federal law enforcement does NOT swoop in and collect immigrants who have not gained entry to our country by legal means.
Actually, I am a big fan of our local sheriff and his deputies, they are the ones who investigate everything from jaywalking deer to mailbox baseball incidents with a passion.
I liked you pumpkin patch picture. I'm going out to pick my own this morning...
It should have very little effect in areas such as ours, where the police departments still feel deportation is a federal responsibility.
While I understand the frustration of some highly populated immigrant areas, I also know that reaching out to educate is extremely effective. They want to belong. Simple acts fo kindness create a larger, more diverse community. Being strict about laws and clear about the consequences while reaching out is not negative - it is teaching. Anyone who is concerned enough about their area to voice dissent, should be involved enough to become an active part of the solution.
They are sweet potatoes! LOL
I know I've suggested in the past that the world as a whole is all about supply and demand. In all places free flow of ideas, money and goods are squleched in some degree. We in the US are not immune to those who would keep the nature of life in my view suppressed. There is no stopping the human species, except from within.
But you know that. And I am not the Pollyana I must seem at times. It's not religion that makes me want us all to treat others with dignity and respect, it is humanity.
I am troubled that your writing gets noticed most when it is controversial (to others.) You are a gifted writer. I can imagine a series of your stories, the Immigrant Diaries as something beyond Gather. You have considered this, haven't you? And politics? I'd vote for you...
And - I will take the long way home for a few weeks with my camera, a box of canned chili (my personal favorite is Wolf brand, but can't get it here) and if the crews are still picking apples, I'll stop and say, "Buenos tardes!" and see where it goes from there.
A few tips: Plan on two days. Leave the camera in the car and scout first. Then help them do something little - something you can manage.
There should be a few that speak some broken English but if not, you can try the following: Amigo, foto, Help, Okay.
That should get the point across. It's an amazing feeling - especially when their eyes light up and you make them feel accepted - human.
As to publishing....I don't know where to begin. And that, my friend, is the truth.
Controversy is in our nature, unfortunately the disconnect between us and our food supply, our negligent denial of other languages and cultures, and this whole disaster of "illegal" plays a large part...
Politics? I'm a poor white hillbilly woman - barely middle class. I still qualify for Earned Income Credit for my kids. Not that I mind too much - we eat, we are warm and my old car is still running. LOL....I'd get eaten for breakfast by those born and bred to be politicians. BUT, you should know how honored I am to hear you make the suggestion.
Sigh.......Gather is the only place I post for now. If there is something out there that I don't know about - I'm open to suggestions. I have no contacts in the publishing industry and the topic is so hot. I have tried and never received a response beyond a few "Editor's Picks" in some newspapers. A few stories about
Appalachia have been published but that's it.
SO, I would if I knew how and knew where they would do well, I would submit Immigrant Diaries.
Thanks for caring, d.m. It can be lonely some days, especially when things go wrong. Then I come here and I skip over the negative and search out the comments from the advocates. You wouldn't believe how much that helps.
I wonder if you were to set up an additional gather identity (if that's allowed), one to satisfy your urge to smack those that need it and another to illustrate your personal stories.
I can imagine that there a lot of warm fuzzies out there that like what you do but are turned off by the bash, smash and slash comments you get for voicing your opinions.
For the life of me I cannot understand the hatred in people that comes out in the stories you tell of the plight of people. I remember reading three books over the years that reinforced my upbringing and at the time of their publication changed industries: Two Years Before the Mast (maritime), The Jungle (packing) and The Grapes of Wrath (you know.)
I find the Immigrant Diaries reinforcing those same beliefs. If allowed, industries and politics will reduce below the status of human beings to or below that of machinery. Simple minded way of saying what I feel, but I think you know what I mean.
Beryl Singleton Bissel and Barbary Chaapel (West Virginia), they are approachable.
Yes, after I wrote the last comment I thought a camera might be a bit pushy, considering. I suspect, but do not know, that the workers here are more permanent (at least some.) I see smiling brown faces driving the picking aid machines, forklifts, etc. And there is a row of neat, clean, small abodes with a view and white gravel walks. I've been driving this road for many years and am not shy about much. And I already have a cover story, I want to ask about the hail cannon (it is so freakin' cool - I really do want to ask and write about it.) I do have some experience with Spanish and immigrants. The one thing I miss the most here (truly!) are tacquerias. I am used to being the only one that doesn't understand what is being said.
In case you don't know, a hail cannon sends a series of shock waves into the air. Each air blast is time to accentuate the preceding blast so that after a few blasts huge shock waves extend into the atmosphere to disrupt the formation of hail (a kind of loop that the little balls go through - a wet layer as they fall, they get pushed back up into cold air and refreeze, down to wetten, etc. until hail breaks free and falls. The more layers, the larger the hail...)
That was tons of great advice. Thank you for that. I will look both of these gatherers up and ask if they would consider offering me their opinion.
Taquerias are great, aren't they...LOL. Simple, filling and cheaper than a fast food joint.
You should absolutely get out there and say HEY to the guys. You'd make fast friends - I know I have.
I just came from the fields - I worked all morning in sweet potato. I ate tamales at break and drank a coke. I left at lunch time because duty calls. I'm on my lunch break now.
Anyway - you are a joy. Thank you so much for the support. I think I can create another screen name.....it makes more sense now that you say it.
The hail cannon is a new one for me....why on earth do they have one out there?
Take care of you, d.m. and please let me know how it works out if you get a chance to visit. Take the photos - most of them love it -- especially if you will give them a copy.
I'll continue to kick ass, it's in my nature...LOL
And when I feel beaten, I'll walk away...BUT, I'll always come back.
You can count on it.
I have been driving by, the friends are farther in the orchards now, but I think it's only a matter of time.
Strange that the Coke on your lunch makes me think of Mexico, but why wouldn't it. When I was a kid, even the smallest of towns inside Mexico had at least a tiny bottling place. And a big window so people outside could watch the magic of the bottles going 'round. For thirty five centavos, we could get a bottle of Coke, and when the bottle was returned you got 25 centavos back.
Drove from Houston to Mazatlan to spend a few weeks surfing with my Dad (well, he drank and ran 'errands' with working women) and my brother. Spent a lot of time in the middle of the Baja. Always away from the touristas and the borders.
Oh, the number one damage cause to orchards is hail, so a hail cannon can save a lot of money. It looks like a tall, slender, metal hour glass with the ends open. This one stands on a small concrete platform. Apparently one cannon can protect an impressively large area. There are signs approaching the area, "Hail Cannon Area!" The sonic wave they produce is amazing. I crack my truck window when it's going off when I drive by. It probably wouldn't shatter my windshield, but it sure seems like it could!
I had no idea about the hail cannon. We don't have apple orchards on this side of the state. We have strawberries and peaches and blueberries nearby. I bet someone like me would have a heart attack - not expecting the boom while driving by! I wouldn't have understood or paid much attention to the sign, I'm betting!
I love southern Ohio - the people in the country around Newcomerstown, the Amish are a novel for us to watch in their horses and buggies. The Mennonites too. My brother loved it there, too - even if everyone made fun of the way we talked!