BILL ANALYSIS
AJR 37
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Date of Hearing: January 15, 2008
ASSEMBLY COMMITTEE ON JUDICIARY
Dave Jones, Chair
AJR 37 (Arambula) - As Amended: January 10, 2008
SUBJECT : HMONG COMMUNITY
KEY ISSUE : SHOULD THE LEGISLATURE COMMEND BOTH THE U.S.
CONGRESS AND THE PRESIDENT FOR ENACTING A LAW THAT NO LONGER
CLASSIFIES HMONG ALLIES AS "TERRORISTS" THAT HAD INADVERTANTLY
RESULTED FROM THEIR SUPPORT OF THE U.S. MILITARY DURING THE
VIETNAM WAR?
SYNOPSIS
This non-controversial measure seeks to commend the federal
government on its efforts to successfully correct an injustice
that was perpetrated against the Hmong community. According to
the author's office, federal law had inappropriately and
unfairly lumped groups like the Hmong with enemies of the United
States, contributing to the hardship and suffering of refugee
groups. The author's office explains that both international
and U.S. law prohibit granting refugee status to anyone who is a
terrorist or supports terrorist activity. The USA Patriot Act
of 2001 broadened the definition of terrorism by expanding the
existing government list of terrorist organizations to any
organization engaging in "terrorist activity." Notably, the new
laws covered those who provide "material support." These laws
further specified that an action "unlawful under the laws of the
place where it is committed" could be enough to keep a potential
refugee out of the United States. Thus any person who provided
material support to any organization that took up arms for any
reason could be deemed inadmissible or deportable. The Real ID
Act of 2005 further expanded the definition of terrorist
organization. Under this expanded definition, the very Hmong
population that the U.S. encouraged to take arms during the
Vietnam War were considered terrorists. HR 2764, which was
signed on December 26, 2007, addressed this problem by excluding
Hmong, among others, from qualifying as terrorists for their
assistance to United States forces during the Vietnam War. This
measure seeks to commend both Congress and the President for
their efforts to correct this injustice through the recent
enactment of H.R. 2764. This measure has no known opposition.
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SUMMARY : Commends the President of the United States and the
United States Congress for amending the USA Patriot Act and the
Real ID act in H.R. 2764 to redefine terrorist organizations,
terrorists, and those providing material support to terrorists
to exclude groups, such as the Hmong who contributed and
supported the United States during the Vietnam War and that pose
no threat to national security. Specifically, this measure :
1)Declares that the Hmong community deserves to be recognized
for its valuable contributions to the cultural, civic, and
economic well-being of California and the United States;
2)Declares that the Hmong people were stalwart allies of the
United States in the struggle against the spread of communism;
3)Declares that during the Vietnam War, the Hmong people were
actively recruited and trained by the United States Central
Intelligence Agency to take up arms against the communist
regime in support of the United States' national security
objectives;
4)Declares that after the end of the United States' military
involvement in the Vietnam War in 1975, the Hmong people faced
life-threatening hardship and oppression, forcing hundreds of
thousands of Hmong to leave their homes as refugees;
5)Declares that California has benefited greatly from the
cultural richness, industriousness, and patriotism of the
Hmong community, including contributions from a growing group
of economic, political, and civic leaders;
6)Declares that the USA Patriot Act (Public Law 107-56) and the
federal Real ID Act (Public Law 109-13) had unintended
consequences which labeled many refugees including Hmong
groups that fought alongside the United States in self-defense
against authoritarian regimes, as "terrorists" and "terrorist
groups;" and,
7)Declares that the federal government has not vigorously used
its authority to grant waivers, as allowed in the USA Patriot
Act and the Real ID Act, to exempt allies of the United
States, such as the Hmong, thereby endangering the eligibility
of these people to escape hostile situations and enter the
United States as legal refugees.
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8)Commends the President of the United States and the United
States Congress for protecting the rights of Hmong refugees'
to pursue full citizenship in this country.
9)Commends the President of the United States and the United
States Congress for amending the USA Patriot Act and the Real
ID act in H.R. 2764, which was recently passed and signed into
law, to redefine terrorist organizations, terrorists, and
those providing material support to terrorists to exclude
groups, such as the Hmong who contributed and supported the
United States during the Vietnam War and that pose no threat
to national security.
EXISTING LAW :
1)Declares that the Hmong were told by representatives of our
government that the United States would not abandon them if
the United States left Southeast Asia. Proclaims May as Hmong
History Month, a special time to promote, publicize, and
increase awareness of the importance of the Hmong in United
States history and to afford an opportunity for people to
reflect on both the history and teachings of Hmong Americans.
(Assembly Concurrent Resolution 175, Resolution Chapter 125 of
2004.)
2)Declares that, during the Vietnam War, the Hmong protected
United States personnel, guarded United States Air Force radar
installations, gathered critical intelligence about enemy
operations, and undertook rescue missions to save the lives of
downed United States pilots, and that approximately 40,000
Hmong lost their lives defending democracy, approximately
50,000 were seriously injured and disabled and 3,000 Hmong
were missing in action as a result of the conflict. Proclaims
May 15, as Hmong-American Veterans Memorial Day, a special
time to promote, and increase awareness of the importance of
the Hmong in United States history, to commemorate Hmong
History Month, and to afford an opportunity for people to
recognize the service and sacrifice of the Hmong with
appropriate ceremonies and activities. (Assembly Concurrent
Resolution 182, Resolution Chapter 65 of 2004.)
FISCAL EFFECT : As currently in print this measure is keyed
non-fiscal.
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COMMENTS : According to the author's office, federal law had,
until the recent passage of H.R. 2764 (see below),
inappropriately and unfairly lumped groups like the Hmong with
enemies of the United States, contributing to the hardship and
suffering of refugee groups. The author's office explains that
both international and U.S. law prohibit granting refugee status
to anyone who is a terrorist or supports terrorist activity.
The USA Patriot Act of 2001 broadened the definition of
terrorism by expanding the existing government list of terrorist
organizations to any organization engaging in "terrorist
activity." Thus any person who provided material support to any
organization that took up arms for any reason would be deemed
inadmissible or deportable. The Real ID Act of 2005 further
expanded the definition of terrorist organization. Under this
expanded definition, the very Hmong population that the U.S.
encouraged to take arms during the Vietnam War were considered
terrorists. However, HR 2764 addressed this problem by
excluding Hmong, among others, from qualifying as terrorists for
their assistance to United States forces during the Vietnam War.
Human Rights Violations Perpetrated Against the Hmong. Various
human rights violations perpetrated against the Hmong population
of Laos are well-documented. According to a recent Amnesty
International report, thousands of ethnic Hmong women, men and
children live in scattered groups in the Lao jungles, hiding
from the authorities, particularly the military. The armed
forces regularly attack their temporary encampments, killing and
injuring them, and perpetuating their life on the run and in
destitution. In connection with military attacks there is a
discernible pattern of separation of families. Reports provided
to Amnesty International describe how men have been arrested,
while women have been taken to camp-like settlements in isolated
villages. Some women have been subject to slavery-like
treatment and torture and ill-treatment, including repeated
rapes by law enforcement officers. Also, in several instances,
groups who have decided to give up their life in hiding in an
attempt to join mainstream society have reportedly been
harassed, arbitrarily detained and subjected to ill-treatment.
This report has led Amnesty International to call for an
immediate end to armed attacks on these Hmong women, men, and
children. Amnesty International calls on the Laotian
authorities to launch prompt and impartial investigations of all
allegations of attacks or other unlawful use of force by the
security forces on Hmong living in jungle encampments and to
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bring the perpetrators to justice. In order to enable those
living in jungle encampments to realize their basic economic,
social and cultural rights, the organization also recommends
that the authorities permit access by international humanitarian
organizations to the areas of concern. To support those who
want to reintegrate into mainstream society and have not
committed any internationally recognizably criminal offence,
Amnesty International also calls on the Lao authorities to
permit access for United Nation bodies and other international,
independent monitors in order to monitor their well-being.
Amnesty International has repeatedly called on the Thai
authorities not to forcibly return any Lao Hmong who would be at
risk of serious human rights violations, in keeping with
Thailand's obligations under international law. ("Lao People's
Democratic Republic, Hiding in the Jungle: Hmong Under Threat,"
Amnesty International (March 2007).)
According to Douglas Hartwick, the U.S. ambassador to Laos from
2001-04, the United States has repeatedly tried to help, but the
Lao government refuses any assistance: "The Lao government's
position was, 'We do not have any people in the mountains, we
have only bandits,'" Hartwick said. Nonetheless, the former
ambassador stated, "absolutely" there are Hmong trapped in the
Lao jungles and mountains. According to Mr. Hartwick, rough
estimates were anywhere from 2,000 to 5,000 living in horrible
conditions, eating roots and berries, afraid of the Lao military
and afraid of their own leaders if they chose to come out.
Complicating their safe exit, according to Hartwick, were a
"number of unprovoked attacks on either villages or vehicles on
the road or police stations where innocent people were injured
or killed." ("Hmong Haunted by Homeland; Protesters Insist
Their Relatives are Being Persecuted in Laos," Sacramento Bee
(June 21, 2007).) According to a 2004 congressional report, the
human rights abuses perpetrated against the Hmong have led to
strained relations between the United States and the Lao
People's Democratic Republic. ("Laos: Background and U.S.
Relations," Congressional Research Service Report for Congress
(November 22, 2004).)
On August 6, 2007, Thailand announced that it would return about
8,000 ethnic Hmong refugees to Laos despite their claims that
they face persecution in their homeland, the Thai prime minister
said. Prime Minister Surayud Chulanont asserted that most of
the refugees did not have legitimate asylum claims but said a
third country would be asked to monitor their repatriation to
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assure their safety. ("Hmong Refugees Will be Sent Back to
Laos," Chicago Tribune (August 7, 2007).)
Related Legislation : H.R. 2764 . When both the Patriot Act and
the Real ID Act were drafted, they expanded the definition of
"terrorists" who were barred from entering the United States.
Notably, the new laws covered those who provide "material
support" including money, transportation or help with
communicating. These laws further specified that an action
"unlawful under the laws of the place where it is committed"
could be enough to keep a potential refugee out of the United
States. Under this expanded definition, the very Hmong
population that the U.S. encouraged to take arms during the
Vietnam War were considered terrorists. "Many of these people
were our allies," Democratic Sen. Patrick Leahy of Vermont said
in a statement. "They were there for us when we needed them,
and we should not turn our backs when they need the safety of
our shores." In response to this distorted and unjust result,
Senator Patrick Leahy inserted a Hmong refugee provision into
the annual budget bill for the State Department and for foreign
operations. Leahy's provision declares the Hmong, Vietnamese
Montagnards and several other groups "shall not be considered to
be a terrorist organization" on the basis of past actions,
allowing them to enter the United States or obtain a green card,
even if they once took up arms. This $554.7 billion bill was
approved by Congress and signed into law on December 26, 2007.
("Bill Would Ease Hmong Entry," Fresno Bee (December 22, 2007).)
AJR 36 (Jones) . This measure calls upon the President and the
Congress to take specified measures to defend and protect the
human rights of the Hmong population in Laos and Thailand. To
be heard in this Committee January 15, 2008.
REGISTERED SUPPORT / OPPOSITION :
Support
Blong Xiong, Fresno City Council Member
Opposition
None on file
Analysis Prepared by : Manuel Valencia / JUD. / (916) 319-2334
AJR 37
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