2011 SEARAC National Policy Priorities

2011 SEARAC National Policy Priorities

Southeast Asians are the largest refugee group to be resettled in the U.S.¹ In the aftermath of the Vietnam War, over one million refugees escaping war and persecution in Cambodia, Laos and Vietnam were resettled in the U.S.² Today, nearly two million Southeast Asian Americans make their homes throughout this nation.

The following policy issues are those that the Southeast Asia Resource Action Center (SEARAC), in cooperation with locally based community organizations and leaders across the country, has identified as having significant impact on Southeast Asian American (SEAA) communities. As such, these priorities will serve as a guide for SEARAC’s policy work in 2011. In addition, due to the large SEAA population in California and having a local office in Sacramento, SEARAC has also identified California state specific policy priorities which can be found here.

While the following policy priorities and recommendations are tailored to SEAA communities, they are also issues that affect the broader American population and communities across the U.S.

Education

The educational needs of many SEAA students are often overlooked because of the “model minority myth” – a misconception that all Asian Americans excel academically and face few obstacles. This misconception overshadows the dire needs of diverse Asian American and Pacific Islander (AAPI) ethnic groups and further hinders any actions that should be taken to address these disparities.

In fact, SEAAs in particular face significant educational disparities. In comparison to over 85% of the overall U.S. population, disaggregated data reveals that only 62% of Cambodian, 62% of Hmong, 63% of Laotian, and 70% of Vietnamese Americans aged 25 and over hold a high school degree or higher.³

While 2,000 American high schools produce approximately half of America’s dropouts, students of color and Native students⁴ are four times more likely than their counterparts to attend one of the these low-performing “dropout factories.”⁵ Students of color, Native students, and low-income students, including SEAAs, are often faced with a significant lack of high quality educational resources and services. As a result, some students who do leave high school are unprepared for college, work and life.

Additionally, undocumented SEAA students who arrived in the U.S. as young children face further challenges accessing higher education or meaningful careers and are unable to fully contribute to American society because of their status.

With a lack of disaggregated achievement and education attainment data, many SEAA students will not receive the appropriate resources and support they need to succeed and reach their full potential in education.

Education Recommendations

• Ensure that schools, school districts, and states with significant proportions of AAPI and immigrant communities collect and report academic achievement and growth data that is disaggregated by ethnicities. This should better reflect the real experiences and needs of individual AAPI ethnic student subgroups, including SEAAs.

K-12

• Increase federal investment in, and support for, community-based organizations that provide culturally appropriate academic and enrichment services to SEAA high school students. This support should target individuals who are English Language learners, primary caretakers, parents, students with special needs, and at-risk of leaving high school (or those who have already dropped out.)

• Ensure that schools provide, or partner with community-based organizations that provide, culturally and linguistically appropriate education-related resources and services to limited English proficient parents and families to increase parental involvement in education-related decision making.

• Increase the inclusion and integration of SEAA histories and experiences into K-12 coursework to accurately portray SEAA involvement in American history and development, as well as to increase inclusion and decrease bias-based tensions in schools.

• Promote equitable state and federal language and education policies that address the linguistic, cultural, and academic needs of all students, including SEAAs.

Higher Education

• Increase access to higher education for all students through legislation such as the Development, Relief, and Education for Alien Minors Act (DREAM Act), allowing immigrant students to fully participate and contribute to American society.

• Increase federal investment in, and support for the Asian American and Native American Pacific Islander Serving Institutions (AANAPISI) Program, which provides competitive funding for institutions of higher education to strengthen programs that outreach to low-income, first generation and K-12 students. Support should also be allocated to develop programs and provide culturally appropriate academic and social retention services to college students, and increase research and courses on AAPIs.

Health

In 2010, in response to skyrocketing health care costs and to the 45 million individuals in America who lack health insurance, Congress and President Obama passed and signed into law the Patient Protection and Affordable Care Act (ACA) which will dramatically impact the country’s health care delivery system. Specifically, for SEAAs, where nearly 1 in 5 individuals are uninsured,⁶ ACA will improve access to health insurance and preventative care for many currently living without it.

Health Recommendations

• Ensure the full funding of provisions within ACA that require the collection of disaggregated health data in order to accurately address the needs and health disparities within SEAA communities.

• Ensure that the National Standards on Culturally and Linguistically Appropriate Services (CLAS) are included in the regulations and guidelines established by the Department of Health and Human Services and other federal agencies in order to provide limited English proficient individuals with proper health and mental health care resources and services.

• Ensure that the development of guidelines for the Health Insurance Exchange includes provisions to help limited English proficient individuals navigate various health care plans.

• Within Medicare, ACA implementation should include plans to help guide beneficiaries through new opportunities for preventative care.

• Ensure strong commitment and federal funding for in-home and community based care to provide a quality of life for elders and others in need of care.

Economic Development

The impacts of the financial crisis have been felt across the country, with low and middle class families most adversely affected. Many underserved populations, including SEAA communities, recognize that financial knowledge and better planning are vital to the economic development of their communities. As financial products continue to become more complex, often requiring individuals to become active information seekers, there is an even greater need to foster financial literacy. Due to limited financial literacy resources, many SEAAs are not adequately prepared for retirement nor are many fully participating in mainstream financial markets. Compared to an estimated mean retirement income of $21,383, the mean retirement income for Cambodian, Hmong, Laotian, and Vietnamese Americans are disturbingly low: $13,913, $5,149, $12,994, and $14,063 respectively.⁷

In addition, the BP oil spill in the gulf has brought economic uncertainty to many Southeast Asian Americans, whose businesses and livelihoods relied on the fishing industry. This catastrophe has left many without jobs or compensation and reminds us of the need for investments and capacity building for local communities in the Gulf coast. Southeast Asian Americans with limited English language proficiency were most devastatingly affected as outreach to this population was limited and slow to progress.

Economic Development Recommendations

• Strengthen and expand federal asset-building, financial literacy, and financial security programs to ensure individuals and communities receive adequate knowledge and resources to save, invest, and plan for the future.

• Increase outreach efforts to underserved populations, including SEAAs, about financial counseling and assistance programs such as tax assistance programs, to help foster positive changes in financial behaviors.

• Additional language appropriate resources, support and capacity building must be provided for those affected by the BP oil spill in the gulf coast.

Aging and Social Security

Many Southeast Asian American elders face numerous barriers to attaining services that adequately address their needs. One such area of significance is in long term care. For example, among Southeast Asian Americans 65 and older in California, over 90% live in family households, as opposed to institutional alternatives.⁸ There are limited services that allow elders to remain in their own homes, and there are even fewer opportunities for culturally and linguistically specific services that would support the independence and living choices of elders.

In addition, as part of the 1996 “Welfare Reform,” Supplemental Security Income (SSI) was restricted to a 7-year limit for elderly and disabled refugees and humanitarian immigrants who are not able to obtain their citizenship within that time frame. As a result, thousands of elderly and disabled refugees have lost, and will continue to lose, their benefits.  While a two year extension to SSI was passed by Congress in 2008, the extension will not be available beyond 2011.

For many elderly and disabled refugees, SSI provides the bare minimum for survival—no more than $674 per month for an individual and $1,011 for a couple.⁹ Loss of SSI contributes to poverty among many aging Southeast Asian Americans and adds to the challenges of achieving full integration and participation in American society.

In addition, 2011, the first wave of baby boomers in America, those who were born in 1946, will turn 65. This important demographic shift has focused public attention on the needs of aging Americans. A key issue will be economic security for elders, and the quality of life they are able to maintain once they retire. This is particularly important, as SEAA refugee elders are disproportionately vulnerable to economic instability and face additional barriers to obtaining adequate resources. For example, nearly 18% of SEAA elders livein poverty– nearly twice as high as the general population.¹⁰

Within the context of this important demographic shift, Social Security and the reauthorization of the Older Americans Act will be two key pieces of aging policiesin the upcoming Congress.

Social Security

Social Security provides crucial income for millions of elders in the United States – it is estimated that 45% of elders would be living in poverty without it.¹¹ However, Social Security is constantly being threatened as many current discussions of the federal deficit involve cuts to this program, even though it does not contribute to the federal debt.

Currently, nearly 15% of SEAA households draw upon Social Security income, compared to the national average of nearly 28%.¹² The under-utilization of Social Security within the SEAA community stems from a number of factors. For instance, as recent immigrants and refugees, many Southeast Asian Americans may have experienced a shorter working history which may affect their eligibility for Social Security.  For others, a simple lack of understanding about Social Security and the system may impact enrollment in the program.

Older Americans Act     

The Older Americans Act (OAA) was passed in 1965, bringing sweeping changes to the field of aging services. It authorized the formation of State and Area Agencies on Aging and programs such as Meals on Wheels and Senior Community Service Employment Services. In fall of 2011, the Older Americans Act will be due for reauthorization.

Reauthorization will be a key opportunity to strengthen the OAA to ensure focus on supporting underserved communities like SEAA elders. In particular, having disaggregated demographic data regarding the work of the Area Agencies on Aging will give a clearer understanding of the populations that are served by Older Americans Act programming and where more outreach is necessary.        

Aging and Social Security Recommendations:

• A long term legislative solution must ensure that elderly and disabled refugees and humanitarian immigrants do not lose their SSI if they are unable to successfully naturalize. In addition, benefits must be restored for those who have already lost their SSI due to the 7-year time limit.

• Ensure that language access provisions are a priority in aging policies, so that English language learners and elders have access to vital information and resources.

• Expand programs that support home-based or community-based care and services so that elders can continue to maintain their choice of living.

• Ensure that elders receive competent care by recognizing the socially and culturally specific needs of diverse elder populations, including SEAA and refugee elders.

Social Security

• Social Security must be protected from any reduction in benefits including threats to raising the retirement age or reducing the monthly benefit.

• Ensure cost-of-living adjustments so that elders can continue to live independently and maintain a quality of life.

• The Social Security revenue system should be reformed to capture more incomes. The payroll tax cap of $106,800 should be raised to reflect at least 90% of wages instead of the current 86%, securing Social Security as an insurance program for all Americans.

Older Americans Act

• The reauthorization of the Older Americans Act should require data disaggregation of populations served within the Area Agencies on Aging, to ensure a better understanding of the populations that are served by its programs and to identify where additional outreach can be undertaken.

• Reauthorization should include a more concerted effort at minority inclusion, specifically with regards to outreach for programs or grant opportunities, so that services can reach a greater and more diverse number of elders.

  Immigration

From the ability to re-unify with family members to legalization, and from workers rights to the security of our nation, Southeast Asian Americans have a huge stake in immigration reform.

In particular, the integration of immigrants and refugees in the U.S. is essential to their success and full participation in society. However, numerous barriers can prolong and complicate this process. The struggling economy creates additional barriers for new immigrant and refugees seeking adequate resources for job training and employment.

Southeast Asian Americans are also greatly affected by deportation provisions of current immigration laws. In 1996, Congress passed the Antiterrorism and Effective Death Penalty Act (AEDPA) and the Illegal Immigration Reform and Immigrant Responsibility Act (IIRIRA). These laws dramatically increased the kinds of offenses for which noncitizens (including legal permanent residents) can be detained and deported. They were also made to be retroactive, meaning that even a legal permanent resident who had an “aggravated felony” offense prior to the passage of the law can be deported. In addition, the laws severely restrict the ability of immigration judges to consider the individual circumstances of a person before having them to be deported. This elimination of judicial discretion is especially troubling for refugees, particularly those who fled their homelands in fear of persecution and came to the U.S. as children. As adults who now identify themselves as Americans, many face significant barriers if deported back to those very countries they once fled.

Immigration Recommendations:

• Discretion of immigration judges must be restored, allowing them to review and determine deportation cases on an individual basis as well as narrow the definition of “aggravated felony” to reflect proportionality and the American system of justice.

• SEARAC strongly opposes the deportation of individuals who were admitted to the U.S. as refugees back to the countries they fled in fear of persecution. Deportation policies should take into consideration an individual’s refugee status when they arrived in the U.S.

• Ensure that integration programs and services, including naturalization testing, fees and waivers, are adequately accessible to those who are low income, English language learners, elderly, or otherwise vulnerable.

• Commit adequate federal resources to the continuity and expansion of integration programming including job training, English and naturalization courses. A significant portion of these resources must be available and accessible for local immigrant and refugee community based organizations serving communities in need.

• The promotion of family unification and the strengthening of the family based immigration system should remain a priority in immigration policies.

• Immigration reform must ensure that the millions who are undocumented in the U.S. are able to fully contribute to our society through a strong legalization program.

• Immigration policies must also include strong provisions that would secure our borders and communities, ensure the future flow of immigrants, and develop a fair and workable employer verification system in a manner that values the rights and fair treatment of all individuals and communities.

          Refugee Rights

As an organization rooted in the refugee experience, SEARAC remains committed to ensuring the rights and well being of refugees around the world and refugee communities who have resettled in the U.S. In the three decades since the Refugee Act of 1980, which created the Office of Refugee Resettlement within the federal government, there has been little advancement in our refugee policies to address the changing and growing needs of refugee populations in the U.S.

On an international level, SEARAC remains concerned about the more than 4,000 Lao Hmong asylum seekers in Phetchabun Province, Thailand, who were forcibly returned to Laos in December of 2009. Despite much publicity since their deportation, little information has surfaced about the well being and re-integration of this population. SEARAC is particularly concerned about the 158 deportees among this group who had already been recognized as worthy of refugee protection.

In addition, at the end of 2010, the Cambodian government extended the closing date of a refugee center housing dozens of Montagnards from Vietnam who are seeking asylum. The United Nations High Commissioner for Refugees (UNHCR) has been active in assessing the refugee claims of this population. The Cambodian government has indicated that they plan to close this refugee center on February 15^th, 2011.

Refugee Rights Recommendations:

• Reform is needed to improve our current refugee resettlement system. Refugee policies must address the needs of refugee populations who have been resettled in the U.S. as well as those who are oversees who are seeking resettlement to the U.S. The engagement of former refugees must be a priority this decision making process as there are many best practices that can contribute to creating effective policies.

• Ensure that individuals with refugee claims have unfettered opportunity to be assessed by international refugee agencies such as UNHCR.

• Ensure that individuals granted refugee status are fully protected and are able to resettle in host countries in a timely manner.

Resources

In this economic downturn, not only are communities facing great struggles to make ends meet, but many of the local organizations providing much-needed direct services are faced with debilitating financial barriers and cut backs.  As the front-line contact and direct providers for communities in need, community based organizations require adequate resources; this must remain a priority in all policy development through legislation. Community based organizations are among those who can most readily provide cultural and language appropriate services because they are often led by people from the communities they serve.

Resources Recommendations:

• Public funding toward community based organizations to provide services on health, immigration, aging, economic stability and other social programs should remain a priority in legislative and federal agency plans.

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