HomeMy WebLinkAbout15 - Council Member Nichols CommentsCITY OF NEWPORT BEACH
CITY COUNCIL STAFF REPORT
Agenda Item No. 15
July 8, 2003
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: OFFICE OF THE CITY ATTORNEY
Robert Burnham, City Attorney; (949) 644 -3131;
rburnhamCcDcity.newport- beach.ca.us
SUBJECT: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT
BEACH DISAPPROVING COMMENTS MADE BY COUNCIL MEMBER
RICHARD NICHOLS THAT STEREOTYPE OR EVIDENCE AN
INTOLERANCE OF PEOPLE OF HISPANIC ORIGIN AND THAT
INDICATE HE HAS FORMED A POSITION RELATIVE TO CERTAIN
ASPECTS OF A CITY PROJECT BASED ON THE FACT THAT PEOPLE
OF HISPANIC ORIGIN WOULD BE USING PUBLIC PROPERTY AND
REQUESTING HIS RESIGNATION
ISSUE:
Should the City Council adopt a resolution disapproving of comments made by Council
Member Richard Nichols and requesting his resignation?
RECOMMENDATION:
None
DISCUSSION:
On June 24, 2003, the Mayor requested the July 8, 2003 agenda include an item
regarding the comments made by Council Member Nichols "to a Daily Pilot reporter"
regarding his position regarding a component of the proposed City project to make
certain improvements to Corona Del Mar State Beach. In those comments, Council
Member Nichols stated he was opposed to increasing the amount of "grassy area"
because "Mexicans" monopolize the use of those areas. The Mayor's request was
followed by comments from five Council Members disapproving of the comments and
requesting the resignation of Council Member Nichols.
In response to this request, I have prepared a resolution that (a) reflects the comments
made by Council Members on June 24, 2003; and (b) contains information relevant to
City of Newport Beach Disapproving Comments
July 8, 2003
Page 2
the whether the comments of Council Member Nichols were statements of fact or
reflected a bias towards persons of Hispanic origin.
In preparing the draft resolution (copy attached), I reviewed the information that has
been published, and the testimony the City Council has received, relative to comments
made by Council Member Nichols concerning persons of Hispanic origin. I reviewed a
tape recording of the meeting that was referenced by Lloyd Ikerd during his testimony
on June 24, 2003 and during which Council Member Nichols allegedly opposed
construction of a school on the Banning Ranch property because Latinos would attend
and Caucasians would not. In fact, the comments by Council Member Nichols at that
meeting did not express a position on the construction of the school but did represent
Council Member Nichols' understanding of the reasons why the developer did not intend
to construct the school.
Environmental Review: None required.
Prepared & Submitted by:
TURE
Burnham, City Attorney
Attachments: Resolution
RESOLUTION NO. 2003-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT
BEACH DISAPPROVING COMMENTS MADE BY COUNCIL MEMBER
RICHARD NICHOLS THAT STEREOTYPE OR EVIDENCE AN INTOLERANCE
OF PEOPLE OF HISPANIC ORIGIN AND THAT INDICATE HE HAS FORMED
A POSITION RELATIVE TO CERTAIN ASPECTS OF A CITY PROJECT
BASED ON THE FACT THAT PEOPLE OF HISPANIC ORIGIN WOULD BE
USING PUBLIC PROPERTY AND REQUESTING HIS RESIGNATION
SECTION 1:
The City Council of the City of Newport Beach finds and declares as follows:
A. On November 5, 2002, Council Member Richard Nichols (Nichols) was duly elected to
the Newport Beach City Council. Nichols was seated as a member of the City Council
after taking the oath of office during a ceremony conducted on December 10, 2002.
In taking the oath of office, Nichols, like every member of the City Council, swore to
uphold the Constitution of the United States and the Constitution of the State of
California.
B. On October 22, 2002 and during the regular meeting of the City Council, Nichols
testified during a discussion of the crosswalk at the intersection of Iris and Coast
Highway in Corona Del Mar. During his testimony, Nichols stated that a "Mexican"
driver caused an accident at that intersection by stopping without good reason. When
questioned later by the media, Nichols reportedly said "What I have a problem with is
illegal aliens with special rights demanding special treatment" and said he witnessed
the accident and saw "this guy getting out of his car and yelling and demanding
special treatment." When asked about the national origin /ethnicity of the driver,
Nichols said "I have no reason to believe he was illegal ... I was just pointing out that
he was Hispanic."
C. During his campaign for City Council, Nichols made a statement during at least one
candidate forum that implied "Mexicans" improperly cause accidents and then collect
money from the victims.
D. On June 17, 2003, Nichols, in discussing a proposed City project to construct
improvements on State -owned property at Corona Del Mar State Beach that involve,
among other things, an increase in the width of a grass strip between the sand and
parking lot, told a reporter from the Daily Pilot that: "With grass we usually get
Mexicans coming in there early in the morning and they claim it as theirs and it
becomes their personal, private grounds all day."
E. In a conversation with Mayor Bromberg shortly after the June 17th comments, Nichols,
in discussing his earlier October 22 "d comments concerning the accident at Iris and
Coast Highway, confirmed that while he couldn't be sure that the person was a
"Mexican" it probably was "because it's the Mexicans that do these phony accident
rings and rip off the white people in CDM."
F. Nichol's comments on June 17, 2003 have generated local and regional print and
broadcast media coverage, numerous letters to the local newspaper and testimony
from individuals representing Hispanic organizations during the public comment
section of the June 24th meeting of the City Council.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Newport Beach as
follows:
SECTION 1: FINDINGS
The City Council finds that:
A. Nichols has made comments on numerous occasions that clearly demonstrate
a racial or ethnic bias against people of Hispanic origin. The comments have
impugned the integrity of people of Hispanic origin and have stereotyped
people of Hispanic origin as individuals engaged in illegal activity or who are
unlawfully present in the United States.
B. Nichols' comments regarding "Mexicans" taking over the "grass" at Corona Del
Mar State Beach evidence an intolerance of the lawful use of public property by
people of Hispanic origin rather than mere observations or statements of fact.
C. Nichols' comments suggesting he would not support increasing the amount of
grass at Corona Del Mar State Beach evidence an intent to consider the racial
or ethnic background of persons using public property or facilities in his
decisions regarding City projects and those considerations are contrary to
Constitutional, statutory and decisional law.
D. The frequency and consistency of Nichols' comments regarding "Mexicans ",
his apparent failure to understand that the comments do reflect a racial or
ethnic bias, and his unwillingness to tender any formal apology to persons of
Hispanic origin, Newport Beach residents or the City Council, even in light of
the controversy he has generated, clearly reflect an intolerance of persons of
Hispanic origin, rather than a poor choice of words or a slip of the tongue.
E. The Members of this City Council do not have confidence that Nichols will
perform his official duties without regard to the race, color, national origin or
ethnicity as required by the Federal and State Constitution as well as Federal
and State statutes.
SECTION 2. ACTIONS
Based on the findings contained in Section 1, the City Council takes the following
actions:
2
A. The City Council, and each of the Members voting to approve this Resolution,
extends their deepest apology to people of Hispanic origin and all other persons
who were rightfully offended by Nichols' remarks
B. The City Council, and each of the Members voting to approve this Resolution, fully
and completely disapproves of Nichols' remarks regarding people of Hispanic
origin and any discriminatory intent or meaning that was conveyed or implied.
C. The Members of the City Council voting to approve this Resolution respectfully
request that Council Member Nichols tender his resignation for the good of the
City and to restore faith in the commitment of the City of Newport Beach, its
elected officials and employees to perform their duties without regard to the race,
color, national origin or ethnicity of persons who work or live in Newport Beach and
persons who visit Newport Beach for business or pleasure.
ADOPTED this day of July_, 2003.
Steven Bromberg, Mayor
ATTEST:
LaVonne Harkless, City Clerk
K
RESOLUTION NO. 2003-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT
BEACH DISAPPROVING COMMENTS MADE BY COUNCIL MEMBER
RICHARD NICHOLS THAT STEREOTYPE OR EVIDENCE AN INTOLERANCE
OF PEOPLE OF HISPANIC ORIGIN AND THAT INDICATE HE HAS FORMED
A POSITION RELATIVE TO CERTAIN ASPECTS OF A CITY PROJECT
BASED ON THE FACT THAT PEOPLE OF HISPANIC ORIGIN WOULD BE
USING PUBLIC PROPERTY AND REQUESTING HIS RESIGNATION IF HE
UNWILLING OR UNABLE TO ABIDE BY HIS OATH OF OFFICE
SECTION 1:
The City Council of the City of Newport Beach finds and declares as follows:
A. On November 5, 2002, Council Member Richard Nichols FNiehels} was duly elected to
the Newport Beach City Council. Nichols was seated as a member of the City Council
after taking the oath of office during a ceremony conducted on December 10, 2002.
In taking the oath of office, Councl Member_Nichols, like every member of the City
Council, swore to uphold the Constitution of the United States and the Constitution of
the State of California.
B. On October 22, 2003 and during the regular meeting of the City Council, Nichols
testified during a discussion of the crosswalk at the intersection of Iris and Coast
Highway in Corona Del Mar. During his testimony, Nichols stated that a "Mexican"
driver caused an accident at that intersection by stopping without good reason. When
questioned later by the media, Nichols reportedly said "What I have a problem with is
illegal aliens with special rights demanding special treatment" and said he witnessed
the accident and saw "this guy getting out of his car and yelling and demanding
special treatment." When asked about the national origin /ethnicity of the driver,
Nichols said "I have no reason to believe he was illegal ... I was just pointing out that
he was Hispanic."
C. During his campaign for City Council, Council Member Richard Nichols (Nichols)
made a statement during at least one candidate forum that implied "Mexicans"
improperly cause accidents and then collect money from the victims.
D. On June 17, 2003, Council Member Nichols, in discussing a proposed City project to
construct improvements on State -owned property at Corona Del Mar State Beach that
involve, among other things, an increase in the width of a grass strip between the
sand and parking lot, told a reporter from the Daily Pilot that: "With grass we usually
get Mexicans coming in there early in the morning and they claim it as theirs and it
becomes their personal, private grounds all day."
E. In a conversation with Mayor Bromberg shortly after the June 17th comments, Nichols,
in discussing his earlier October 22nd comments concerning the accident at Iris and
Coast Highway, confirmed that while he couldn't be sure that the person was a
"Mexican" it probably was because it's the Mexicans that do these phony accident
rings and rip off the white people in CDM.
F. Council Member Nichol's comments on June 17, 2003 have generated local and
regional print and broadcast media coverage, numerous letters to the local newspaper
and testimony from individuals representing Hispanic organizations during the public
comment section of the June 24`h meeting of the City Council.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Newport Beach as
follows:
SECTION 1: FINDINGS
The City Council finds that:
A. Nichols has made comments on numerous occasions that clearly demonstrate
a racial or ethnic bias against people of Hispanic origin. The comments have
impugned the integrity of people of Hispanic origin and have stereotyped
people of Hispanic origin as individuals engaged in illegal activity or who are
unlawfully present in the United States.
B. Nichols' comments regarding "Mexicans" taking over the "grass" at Corona Del
Mar State Beach evidence an intolerance of the lawful use of public property by
people of Hispanic origin rather than mere observations or statements of fact.
C. Nichols' comments suggesting he would not support increasing the amount of
grass at Corona Del Mar State Beach evidence an intent to consider the racial
or ethnic background of persons using public property or facilities in his
decisions regarding City projects and those considerations are contrary to
Constitutional, statutory and decisional law.
D. The frequency and consistency of Nichols' comments regarding Mexicans, his
apparent failure to understand that the comments do reflect a racial or ethnic
bias, and his unwillingness to tender any formal apology to persons of Hispanic
origin, Newport Beach residents or the City Council, even in light of the
controversy he has generated, clearly reflect an intolerance of persons of
Hispanic origin, rather than a poor choice of words or a slip of the tongue.
E. The Members of this City Council are obligated by-law to perform their duties
cons ten with-he Federal and State Constitution and_sTatufea and are
committed to abide by ii�ath of officen�he_performaa��of official
duties.
F The Members of this City Council and this community must have confidence
that-all Members -mill consis ently-perform the aidu_ties without reQaEd -o
the race color national origin or ethnicity as required by the Federal and State
Constitution as well as Federal and State statutes
2
SECTION 2. ACTIONS
Based on the findings contained in Section 1, the City Council takes the following
actions:
A. The City Council, and each of the Members voting to approve this Resolution,
extends their deepest a olo iz ,. o . ..�„ f � n a +�
P 9
oerset -"4e -the remarks of Council Member Nichols to all persons who construed
those-rem _arks as evidence that he woul"c nsider ethnicity, race or national origin
in the performance of his official duties or as evidencing a prejudice or ias agains-t
people of Hispanic on in ^ Figh+f fl ^ffende ' by Nichols' remarks
B. The City Council, and each of the Members voting to approve this Resolution, €triiy
and ea pletely -- disapproves of Council Member Nichols' remarks regarding people
of Hispanic origin to the extent those remarks evidenced and -any intent or desire
to perform his official duties with reaard to the race. ethnicity or national_ origin_ of
any_- persen_ e id aced an intolerance or prejudice o spanic
C. The Members of the City Council voting to approve this Resolution believe that
Fespeet#ttlly-reguesFthat Council Member Nichols should tender his resignation for
the good of the City and to restore faith in the commitment of the City of Newport
Beach if he is unable or unwilling to commit that he will perform his _official d_ uties_;
its eleet,d- effjeia4s- end- emoeyeee -te--peFfefff +4heiF- dt+ties- without regard to the
race, color, national origin or ethnicity of persons who work or live in Newport
Beach and persons who visit Newport Beach for business or pleasure.
ADOPTED this day of July_, 2003.
Steven Bromberg, Mayor
ATTEST:
LaVonne Harkless, City Clerk
"RECEIVJD SIFTER AGENDA
PRINTED:" 1 1 S
Newport Beach City Council Meeting July 8, 2003
I would like to begin by thanking the members oft e cq ncil >for -#v. me the
opportunity to express myself this evening. I have never been to a Newport Beach City
Council meeting before. What prompted me to attend were the recent news articles that I
have read in the Orange County Register regarding- Council Member Richard Nichols and
his "racially insensitive remarks ".
I personally went to Corona Del Mar State Beach this past Sunday afternoon to see
first hand what all the fuss was about. Let me state that the first thing that struck me was
the breathtaking beauty which your city possesses in this jewel of the Orange County
Coast! I had not been to this beach since the mid seventies, and had forgotten what a nice
spot it was. I use the term was because of the inordinately large number of Mexicans at
the beach, both on the lawn areas above the beach, and down on the beach itself. I made
a comment to my friend who accompanied me about all of the illegal aliens present. This
was overheard by one group in particular, who rudely declared, "What are you going to
do about it, call the police ?" So much for there being any doubt as to the legal status of
this particular group of Mexicans. As I continued to stroll the blufftop grass areas, I
noticed that English was scarcely heard. Instead, Spanish language conversations were
predominant, broken by the irritating blast of Mexican music blasting from boomboxes.
The recurrent threatening stares as if to say "What are you doing at our beach? " amazed
me as I walked along this otherwise idyllic setting.
When I consider what the allegations against Councilman Richard Nichols are, I have
to wonder. Had the councilman used racial slurs to describe the situation which has
become a heartbreaking reality at Corona Del Mar State Beach, then perhaps this outcry
from the Mexicans would have a leg to stand on. Describing a group of Mexicans as,
well, a group of Mexicans, does not strike me as being racially insensitive. Nichols
simply stated the obvious in a considerate and sensitive manner. If there is an elephant in
the living room, it is perfectly acceptable to state that there is one. Anything else is just a
sick form of denial. Any form of censorship cast on Councilman Nichols is a direct
violation of his 1" Amendment Constitutional rights. In America, remember, we are
guaranteed the right to freedom of speech. As far as I see it, the rest of the City Council
should be applauding his honesty and restraint. The emperor has no clothes everybody.
Your beach has been overrun by Mexicans, many of whom are in our country illegally. It
has become common to call these criminals merely undocumented workers. This phrase
ignores the truth, they are criminals and should be treated as such. Newport Beach
should be sweeping the beaches not just of trash and litter but of the criminal element as
well. I urge the council to ask the police to adopt a zero tolerance policy for lawless
behavior, to arrest and deport those who are in our country illegally.
As far as racially insensitive remarks, perhaps we should instead be looking at groups
such as Mecha & La Raza, or "The Race" to us English speaking folks. The amount of
Anti - American rhetoric and anti -anglo hate speech emanating from these groups would
turn your stomach if you knew what they were saying. Have a look at their websites if
you don't believe me. Just imagine for a moment the reaction which would occur if a
group of ordinary folks joined a political action group named "The Race ". Unbelievably,
it is perfectly acceptable when coming from the minds and mouths of racist Mexicans.
What is racially insensitive to me is the fact that I am expected to endure a litany of
sacrifices in order to appease a growing group of "hard workers" who have entered my
country illegally. On the subject of "Hard Workers ", just because someone works hard
does not entitle him to break the law with impunity. Take yourselves for instance. You
work hard, but if you break the law, you know that you will be held accountable. Why
should it be any different when you are a Mexican who has entered our country illegally?
As I am sure that you are well aware, Newport Beach, as well as my own home town,
will soon be facing massive budget shortfalls. This is due in no small part because we as
a state are forced to pay tremendous sums of the taxpayer's money to provide
governmental services to illegal aliens. Money I might add, which would much better be
spent at the local level. Weather it be food stamps, welfare, education, health care, in-
state college tuition, subsidized housing, increased law enforcement costs, or
overcrowded prisons, all of these take away from the City coffers. These are all expenses
which these "hard workers" saddle California with. Have you had to wait for hours at the
hospital emergency room yet because the line of illegals got to be treated first? I have.
Have your health insurance premiums individually, and at a corporate level, been going
through the roof lately? Mine have. It doesn't take a genius to figure out why. Who else
is going to pay for the millions of uninsured illegal aliens. But alas, they are hard
workers, doing the jobs that I used to work at after school and on weekends as a teenager
while maintaining a 3.8 GPA. Back then, it was safe to eat at most restaurants. Today,
the food that you do not cook for yourself has most likely been prepared by someone who
has not received inoculations as a child, who has not been health screened, and who could
well be transmitting an infectious disease to you. Getting hungry yet? This is yet another
way that this cultural diversity benefits our society. We now have a return of
tuberculosis, Hansen's disease (that's leprosy), and skyrocketing levels of both Hepatitis
A & B. You might want to ponder that on your next meal out. Isn't diversity great?
But, I digress. I did not come here to speak of the overburdened infrastructure, the
strained sewer system, offshore pollution, rising crime rates, graffiti, or a lower quality of
life than that what I grew up with in Orange County. I came here to speak in support of
Councilman Nichols, to commend him on stating the obvious, and perhaps, to ignite a
spark in the individual consciences of the rest of those elected to serve the will of the City
of Newport Beach. The emperor really does have no clothes folks, & it's high time that
all of us stand up and take notice. The time to try to appease an increasingly hostile and
outspoken group of racist illegal alien criminals is over. It is now time to stand up for
America, for what you know in your heart to be true. Instead of punishing Mr. Nichols,
you might just want to ask yourself, "Why wasn't it me who had the courage to stand up
for what is right ?"
Thank you, & may God Bless America!
"RECEIVED AFTER AGENDA
PRINTED:" # k 5 17-8-03
40 NEWPORT BEACH FIREFIGHTERS ASSOCIATION
Post Office Box 1695 • Newport Beach, California 92663
Office: 949. 646 -0533
Loca13734 l.11_ _3
June 30, 2003
The Honorable Steve Bromberg, Mayor
City of Newport Beach
3300 Newport Blvd.
Newport Beach, CA 92660
Dear Mayor Bromberg,
I write on behalf of the Newport Beach Firefighters Association in support of you, your
council colleagues and the public in calling for the resignation of Councilman Richard
Nichols.
As firefighters, we serve the public without regard to class, ethnicity, religion or any
other factors that create a diverse community. It is our strong belief that an elected
official can be no less colorblind.
During Mr. Nichol's campaign for City Council, he made statements to members of the
Newport Beach Firefighters Association that reflect the broad record regarding his views
on race. Those views are one of the factors that went into our decision not to support his
candidacy.
We know it sometimes takes courage to stand up for what is right. The Newport Beach
Firefighters Association stands with you and your fellow council members in urging the
resignation of Mr. Nichols from the Newport Beach City Council.
Rich Thomas, President
Newport Beach Firefighters Association
Date
Copies Sent To:
p -Mayor
❑ Council Member
❑ Manager
❑ Attorrny
❑ t– 1
❑
❑ —
❑ -
Atfilhated whh Interndtional Associaron of Fire Fighters • California Professional Firetighters • AFL -CIO • California labor Federation
Mayor Steve Bromberg
Newport Beach City Hall
3300 Newport Boulevard
Newport Beach, CA 92663
Dear Steve,
Louise S. Greeley
16 Swift Court
Newport Beach, CA 92663
•,; :.
"RECEIVED AFTER A ENDA
PRINTED:"
:1 --
` .. Mexifornia' Is a Tragedy in the Making"
:17 July 5, 2003
This headline in the Opinion Section/Op Ed page of last Sunday's L.A. Times jumped out at
me. For the past several weeks I have been saddened by the media coverage and the
Newport Beach City Council conversation about "mexican." It does seem to me a tragedy
that our newly elected City Council has been drawn into such a discordant situation that one
of the new Councilmen is being challenged to resign or be threatened with recall.
Prof. Victor Davis Hanson, in his op /ed piece has succinctly stated some of the challenges
regarding illegal Mexican immigrants that are mounting in Southern California. He wrote:
"The California electorate, of all ethnic backgrounds, is fed up with the current
fiasco, even if it's not talked about in polite conversation. People are fearful
of being labeled racist or perhaps "nativist" or protectionist.
"It isn't healthy for a citizenry to feel one thing and then say another — nursing
frustrations in private that one day will explode when tapped by demagogues
of both right and left."
Now, I do not condone racist attitudes or racist remarks. However, Councilman Dick
Nichols had the moral courage to state reasons why he thought certain improvements at
Corona State Beach should not be funded. Unfortunately his choice of words made it sound
racist. But he did say what many others may have thought. And he has been quoted as say-
ing his full conversation with the Daily Pilot reporter, June Casagrande, was not reported.
Careful perusal of the rest of Professor Hanson's insights could be useful for the well -being
of the City Council and our very special city.
Cordially,
Phone (949) 631 -1475 Fax: (949) 645 0065 E -mail: louisesg g pacbell,net
ALLIANCE FOR BORDER
ENFORCEMENT
(Imperial Beach. CA)
AMERICANCIn2EN8
TOGETHER
(Alhambra, CA)
AMERICAN CIVIL
RESPONSIBILITIES UNION
(Anaheim, CA)
AMERICAN NAT'L COUNCIL
California Coalition for Immigration Reform -_
P.O. Box 2744 -PMB -117 - Huntington Beach, CA 92649 _
Phone: (714) 665 -2500 Fax: (714) 846 -9682
- - WebSite: www.cCiLnCt E -Mail: barb( CClr.11et "RECEIVED AFTER AGENDA
01- 0"7- 7) ci PRINTED—"#S 9-2-03
ti Ah -
,., -1 !1 GENERA-TED BY FEDERAL "IRCA? &rpEControl Act
,tImmierxtioe-
for IMMIGRATION REFORM
SLIAG (State Legislated Immigrant Assistance Grants )
g
(Washington, D.C.)
ANTI4ORIME TASK FORCE
to Hermandad Mexicana Nacional
(Anaheim, CA)
ARIZONANS FOR
IMMIGRATION REFORM
Tc.a.r AZ)
19871 $ 31900,082
ASIAN - AMERICANS for
BORDER CONTROL
(Sylmar, CA)
1988/89— not available
BAY AREA COALITION for
IMMIGRATION REFORM
(San Francisco, CA)
1999190 -- $ 6,287,179
BLACK AMERICANS
_
for FMILY (Hann g[on 8 achECA)
1990/91 -- $ 9,334,515
BORDERS
(A
1991/92 -- $ 8,298,198
CALIFORNIANS AN S far
IMMIGRATION CONTROL
(Anderson, CA)
1992/93-- $ 4,014,802
CCIR II- VENTURA CO.
(thousand oaks, CA)
CITIZENS for ACTION NOW
1993/94— $ 215623
(Orange County. CA)
FLA-1 87 COMMITTEE
1994/95— $ 664,015
(P mp no Beach, FL)
FLORIDIANS for
CONTROL
MMIay
1995/96-- $ 1 701 220
( Delray Beach, I,
7
IMMIGRATION CONTROL
ADVOCATES of
1996/97— $ 2 091.450
NORTHERN CALIFORNIA
A' -
(San Rafael, CA)
IMMIGRATION RFM NET-
Q (]Q
$36,313,084
WORK OF SILICON VALLEY
(Los Gatce. CA)
'
LATINO - AMERICANS for
IMMIGRATION CONTROL
(Salinas, CA)
Please see excerpts from newspaper articles on the reverse side.
MIDCITIES IMMIGRATION
REFORM ADVOCATES
(Preemtt. AZ)
Research into federal and state grants for English and citizenship classes reveals that SLIAG
MONTEREY BAY
granted over $36 million to Hermandad Mexican Nacional for these years.
ACTION COMMITTEE I
(Belmont" CA)
The final excerpt on the reverse side (San Diego Union Tribune) refers to Hermandad as
MONTEREY BAY
ACTION COMMITTEE II
"financially troubled" and "deep in debt ". An organization has to provoke very serious
(Salinas, CA)
suspicions to be financially troubled" and "deep in debt" after having received what they
OHIO COALITION for
IMMIGRATION REFORM
report was over SM million in grants.
(Columbus, OH)
PATRIOT CITIZENS
(Warm, PA)
We include in this package other newspaper articles, including one from the Orange County
SAN DIEGO COUNTY
Register (May 11, 2001) reporting that the California Department of Education filed a $17
TAXPAYERS
(Alpine, CS
million lawsuit against Hermandad Mexican Nacional for the return of $7 million in
TAXPAYERS ACTION
improperly documented grants plus another $10 million in punitive damages.
NETWORK
(Fountain Valley, CA)
Hermandad Mexicans Nacional has brought busloads of people (immigrants? illegal aliens ?)
TEXANS FOR FAIR
IMMIGRATION
into Anaheim City Council meetings and threatened the City of Anaheim with massive
IMMIG . TX)
TEXANS FOR
demonstrations if the INS agent is not removed from the city jail. They also threatened more
REFORM
demonstrations if that Council considered the California Coalition for Immigration Reform's
(HOU1sto TX)
WE STAND READY I request to discuss Section 133 of the U.S. Code authorizing local law enforcement to
(Huntington Beach, CA) cooperate with the INS.
Now they bring their demonstrations to Newport Beach.
Hermandad Suspended Tax Board Says" -- Orange County Register Nov. 16, 2000
The suspension was handed down in August. "if they're continuing to operate in the same manner they were
perating before they were suspended, they are doing so unlawfully." In 1998, the state Department of Education
rdered Hermanded's offices here and in Los Angeles to return more than $4.3 million in state grants after auditors
rund record - keeping problems ... the department is still trying to retrieve the money.
-- Los Angeles Times Dec. 29, 1996
At least 19 legal residents who were in the process of becoming citizens said they registered to vote at Hermandad
ffices before they were sworn in. Those 19 residents also said they cast ballots Nov. 3 in the 46th Congressional
listrict, where Democrat Loretta Sanchez narrowly defeated Rep. Robert K. Doman.
he 19 Hermandad students who were interviewed by the Times said that after they passed the Immigration and
laturalization Service test or interview, they were approached by someone in Hermandad's Santa Ana office who urged
iem to register to vote and apply for an absentee ballot. Lopez conceded that the students voted before becoming
itizens...
State audit accuses immigrant classes --
leport says fake records could mask misuse of millions" - Examiner Capitol Bureau, #34
Several community groups also are being investigated by the FBI and the U.S. Department of Education for allegedly
iisusing the federal adult education money. Those probes arose after Hermandad Mexicana National of Orange
'ounty was accused of registering non - citizens to vote in a hotly contested 1996 congressional race. Eastin (California
,.mot. Education) has cut off funding to Hermandad and asked for $4.3 million in grants to be returned. Eastin's staff
.as approving funding levels that the immigrant groups clearly couldn't staff. Hermandad, for example, was
warded 21 million student hours in 1997 -98, enough to provide 200 classes with 50 students each all year
3ng. Hermandad only listed 42 classes on its application.
Los Angeles Times 1996
46 former clients, who were pursuing U.S. citizenship with Herrnanedad's help, said Hermandad workers told them
Tat they were eligible to fill out registration cards, despite the fact that they had not yet become citizens. Several said
'iey were upset to learn later that Hermandad may have misled them.
INS halts interviews at Hermandad sites" -- Orange County Register, Dec. 31, 1996
Investigators are probing a Hermandad flier that offered a drawing for a new car to encourage people to register
vote or use other Hermandad services. The flier was withdrawn after the group was told it was illegal to offer some -
hing of value in exchange for registering or voting. In interviews with the Register last week, Hermandad clients said
rganization workers assured them they could register to vote before being sworn in as citizens. At least 30 clients
aid they registered weeks before being sworn in ... it is a felony to falsely attest on voter affidavits to being a citizen.
Noncitizen says, 'No one told us we couldn't vote' " Santa Ana resident says Hermandad Mexicana
lacional helped her and other ineligible immigrants nea's> ter Orange County Register
(client) had filled out a voter registration form at the Santa Ana office of Hermandad Mexicana National the day of
er interview, which was held there. An Hermandad staffer, she said, was seated at a table when she emerged, helping
hose who had passed their interviews to register to vote. (client) said an Hermandad staffer told her to write down her
aturalization date on her voter registration form, but she left it blank since she didn't know when the ceremony would
,e. She said she left her registration form — with just her signature, address and phone number — at the Hermandad
ffice. She said no one told her she would be ineligible to vote until she was sworn in.
Latino group dunned for 34.3 million - misuse of education grants alleged by state"
pan Diego Union Tribune July 1, 1998
The state Department of Education yesterday demanded that the financially troubled Hermandad Mexicana National
:9gal Center repay $4.3 million worth of federal adult education grarrts, citing fraudulent claims and other long -
tanding problems ... the Hermandad grant was renewed last year, despite a recommendation approved by Eastin (state
chools chief) that Hermandad = be funded again. The U.S. Department of Education investigators, accompanied by
'BI agents, are interviewing a number of officials at the California Depart-ment of Education, which administered
?deral adult education grants totaling $38 million last year. Latino legislators pressured reluctant state officials into
Beginning to use federal adult education grants for English and citizenship classes in 1994, according to Department of
iducation memos. Hermandad's executive director, Bert Corona, lobbied department officials for the grant program,
hreatening harassing audits by legislators and picketing. A department letter said Hermandad is deep in debt
nisused a $400,000 federal Health and Human Services grant and violated the trust of its employees by failing to use
Loney withheld from paychecks to pay state and federal payroll taxes. Because Hermandad filed claims for
eimbursement of payroll taxes while knowing that the payroll taxes were not being paid, 'this activity could and
houtd be considered as filing fraudulent claims for reimbursements," said the letter.
Hermandad MPxicana Nacional Legal Center PAGE 1 of 2
E1N - 33- 0284711
FORM 990 - (1988)
PAFC II, Line 43f - Other Expenses
Ground Transportation 21,249
Newspaper Ad Cotmissions 10,111
Contributions 38 1�
Court Costs and Fees '1;239
License & Permits 223
Outside Services 12,082
Professional Services 153,189
Miscellaneous 175
Total 198,306
PAKP I, Line lc - Goverrmient Grants
State Department of Education (IRCA) 3,787,861
State Career Opportunity Development 87,366
State General Fund- Health Grant 24,855
3,900,082
PART ZI, Line
42 - Depreciation and PART V, Line 57
- Depreciable Assets
Date
Accumulated
Useful
Assett
Acquired
Cost
Depreciation
Method
Life
Current
Land
6/89
167,545
-0-
N/A
N/A
-0-
Building
6/89
556,247
-0-
S/L
25
-0-
Office Equip
Various
1,031,137
97,481
S/L
Various
90,118
Total
1,754,929 97,481
PAFS V, Line 64, Mortgages and Other Notes Payable
Mortgage Payable 606,147
90,118
1, % w"
rn —
HERMANDAD MEXICANA NACIONAL LEGAL CENTER, INC.
EIN 33- 0284711
FORM 990(1989)
PART I, LINE 1C- GOVERNMENT GRANTS
NAME OF FUNDING SOURCE
---------------------------------------
CALIF. DEPT. OF EDUCATION(IRCA)
CALIF. STATE CARREER OPPORTUNITY GRANT
NEW YORK DEPT. OF EDUCATION(IRCA)
TOTAL
AMOUNT
$6,139,443
29,783
117,953
$6,287,179
PART II, LINE 42- DEPRECIATION AND PART IV, LINE 57- DEPRECIABLE
-------------------------------------
ASSET
DATE
ACC /DEP
COST
LAND
6/89'
- - -0 - --
167545
BUILDING
6/89
23683
592063
EQUIPMENT
VARIOUS
314401
1396325
TOTALS
$
338084
2155933
ASSETS
------------------ - - - -- --
METHOD LIFE CURRENT YR
N/A - -N /A ----- _o_ - --
S/L 25 YRS 23,633
S/L 5 YRS 216,920
$240,603
PART IV, LINE 64 MORTGAGES AND OTHER NOTES PAYABLE
--------------------------------------------------
MORTGAGE PAYABLE $563,265
PART I, LINE 20 -OTHER CHANGES IN FUND BALANCF
ADJUSTMENT TO BEGINN' '*G FUND :':.' '_?.i " "_ ^ PR? R
YEAR RESULTING FROM NANCIAL /COMA:::::.. E ?
FOR FISCAL YEAR END!_ JUNE
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- .�;RMANDAD MEXICANA NACIONAL LEGAL CENTER
EDERAL I.D. # 33- 0284711
OR THE YEAR ENDED JUNE 30, 1992
iCHEDULE 1
-orm CT-2, Page T Part IT Line .1
2evenue from Government Aeencies
LTAG -IRCA Grant
'alifornia State Department of Education
'21 Capitol Mall
'.O. Box 944272
iacramento, CA 942442770
' rovides educational services to amnesty eligible participants-
amnesty Grant
I.S. Department of Justice
.100 Connecticut Avenue, N.W.
Nashington, D.C. 20035 -5490
all /gz
' rovides outreach activities to recruit those amnesty eligible participants who
)ave yet to satisfy the 40 hours of english and civic history requirements per
unnesty laws.
$7,974,172
S 134,214
adult Basic Education S 103,405
lalifornia State Department of Education
21 Capitol Mall
'.O. Box 944272
;acramento, CA 942442720
rovides supplemental funding for ESL (english as a second language) training
,f both students and teachers.
lomunitario Grant 5 86,407
?epartment of Health Services p a 14740
.O. Box 942732
.acramento, CA 94234 -7320
ovides dental services to amnesty eligible participants.
HERMANDAD MEXICAN NACIONAL LEGAL CENTER
FEDERAL I.D.# 33- 0284711
FOR THE YEAR ENDED JUNE 30, 1993
SCHEDULE 1
Form 990, Page 1, Part 1, Line 1 d
Revenue:
SLIAG -iRCA Grant
321ABE Grant
Adult Basic Education Grant
C. Comunitario Grant
Telecommunication Grant
Tobacco Grant
Amnesty Grant
Anticiscriminatory Grant
Citizenshio Grant
Immigration Grant
JTPA Grant
L.A. Regional Grant
Liberty Hill Grant
L.A. Unified School Grant
Total Grant Revenue
Donations
Total Contributions, Gifts, and Contributions
G: \USERS\ PUBLIC \LOTUS \DWW \43483 \HMNLFED1.WQi
9zlq5
3,158,205
34,863
34,611
80,237
10,000
139,949
56,497
77,981
1.269
22,018
76,723
43,000
2,500
6,875
3,744,728
270,074
4,014,802
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California Coalition for Immigration Reform
P.O. Box 2744 -PMB -117 - Huntington Beach, CA 92649
PH: (714) 665 -2500 FAX: (714) 846 -9682 Web: www.ecir.net e-mail: barb@ccir.net
WHY IS IT NECESSARY TO KEEP ILLEGAL ALIENS FROM GETTING DRIVERS' LICENSES?
THE DRIVER'S LICENSE IS A TERRORIST'S TOOL DRIVERS' LICENSES WERE THE "VALID I.Ds" THAT GOT THE
TERRORISTS ON THE PLANES THEY USED TO MURDER OUR LOVED ONES. Nearly all the 9/11 terrorists had US drivers'
licenses and these were what allowed them to board the planes that they used to commit mass murder. Beltway sniper John
Lee Malvo, an illegal alien, possessed a Connecticut license under an alias when he was arrested. Drivers' licenses did more for
the terrorists besides allowing them to board the planes. Drivers' licenses were the tools that allowed them to blend in as just
ordinary Americans. The driver's license is the basic identification document for nearly everyone in America. When the terrorists
needed places to claim as a residence, they used their licenses as "ID" for signing their leases. When they opened the bank
accounts that they used to place the financing for the conspiracy, they used their licenses as ID. When they rented cars, rented
motel rooms, when they paid tuition for their flying lessons they used their licenses to "identify" themselves.
There are 8 to 11 million illegals in the US This Is a very conservative estimate - many people believe there are as mangy(
as 20 million Even their advocates call them "undocumented," AN "undocumented" (ILLEGAL) ALIEN IS A PERSON
WHOSE TRUE IDENTITY IS UNKNOWN, because he has never presented documents to US immigration officials, the only
people capable of determining the authenticity of foreign documents.Thus, a state that grants a drivers license to an
"undocumented" alien is giving an official "valid ID" to a person who, at the least is a criminal, and can be a terrorist. Illegals are
people who break the law to get into the US, break the law to stay here; break the law to get jobs here. To give illegals the
privilege of driving in the US is to reward criminal activity.
Giving licenses to illegals will encourage more illegals to come to the US. Under Federal "motor voter" law. "Each State motor
vehicle driver's license application (including any renewal application) submitted to the appropriate State motor vehicle authority
under State law shall serve as an application for voter registration with respect to elections for Federal office." Thus, allowing
illegals to get licenses will encourage them to vote, in violation of law.
Are we anti - immigrant? Most of our members are either the children or grandchildren of immigrants. Some of our members are
immigrants themselves. But all of us are descended from LEGAL IMMIGRANTS, people who obeyed the law in coming to this
country. We aren't anti - immigrant - we are anti- terrorism. We can't fight terrorism with over 10 million people in this country who
have never been screened or properly identified by the government.
Are we racist? We are multi - racial, multi- ethnic. Our members are Hispanic, Asian, white, African- American. Race, ethnicity,
religion are not concerns of ours What we share is concern for the security of our fellow Americans.
Aren't there a few legal residents and visitors to the US who cannot provide documentation of their legal status and
thus will be denied a driver's license by this bill? Answer. This is utterly and completely false. Every native bom citizen and
every naturalized citizen has a social security number and other documents that prove legal status. Every LEGAL immigrant and
every LEGAL visitor, no matter under which provision of law he /she is admitted to the US has documentation from the US
government describing his/her legal status. THE ONLY REASON A PERSON CANNOT PROVIDE PROOF OF LEGAL STATUS
IS BECAUSE HE /SHE IS NOT LEGALLY PRESENT IN THE US. Such people should not be given licenses.
Isn't it better to have illegal aliens driving around with licenses than without them? An illegal alien is a person who
committed one crime by entering this country illegally; another crime by staying here; another by working here. It is laughable to
believe that such a person will be transformed into someone devoted to obeying the rules of the road because he has been given
a driver's license. There are many cases where Illegals have bought cans, obtained Insurance in order to register them
and get plates, and then immediately cancelled the insurance. After an accident, the illegal, a person with no real identity
and no social security number has no difficulty moving to another state and assuming a new identity, leaving the victim of his
tireless driving with no one, and no insurance company, to pay the hospital. The fact that the illegal immigrant lobby admits
many illegals drive without licenses is an admission of widespread contempt for the law. Along the same lines, there are people
nfho cheat on their taxes. It is not a valid argument to say that if we eliminated the taxes the tax cheats would become law -
abiding citizens.
Couldn't the terrorists have gotten on the planes with their passports? After 9/11 it would be impossible for a group of young
men from terrorist- sponsoring nations to get on airplanes with passports from those nations without raising alarm among the flight
crew and security people.
Isn't immigration law a matter for the federal government, not the states? Collection of the federal income taxis a federal-
matter, spying for a foreign government is a federal matter. Yet no one would suggest that states reward those who violate laws
regarding these 'federal matters ".
Isn't it too much to expect DMV clerks to be responsible for making a determination as to who is legal and who is not?
True. The federal government makes this determination. If an applicant has documentation, the DMV clerk can process the
application. If the applicant lacks federal documentation, he /she must obtain it or the application cannot be processed. DMV
simply relies on the federal government to provide a list of valid documentation.
P Vat IV
ARTICLES OF INCORPORATION
1�g375'7 [Public 66y %'iit Corporation
OF
HE_RMANDAD MEXICANA NACIONAL LEGAL
P-5
The narne of this corporation shall
&/Y l/
ENDORSED
F-I'LEb
In ;tio *frig of N sacwary cf sicto
cf 00 srae of CCIg0M;a
CENTE . AUGZ61985'.,
MARCH 1`1.135 EU, Secretary of Stat:
Lestie Glenn
ARTICLE I %t hr
HERMANDAD MEXICANA NACIONAL LEGAL CENTER
ARTICLE If
This corporation is a Nonprofit Public Benefit Corporation and is not organized for the private gain of
any person. It is organized under the Nonprofit Public Benefit Corporation law for (public 8r charitable ,me,as
task.) purposes. To provide non — profit, 'low —cost legal
(a) The specific and primary purposes are:
tw 'income tam
(b) This corporation shall not except to an insubstantial degree, engage in any activities or exercise
any powers that are not in furtherance of the primary purposes of this corporation.
(c) No substantial part of the activities of this corporation shall consist of carrying on propaganda,
or otherwise attempting to influence legislation, and the corporation shall not participate or intervene in any
political campaign (including the publishing or distribution of statements) on behalf of any candidate for
public office.
ARTICLE M
The initial agent of this corporation for service of process is NATIVO VIGIL LOPEZ
and his /her address for purposes of service of process is 119 West 5th Street, Santa
Ana, CA 92701
ARTICLE IV
The names and addresses of the person or persons who are to act in the capacity of director or
directors until the selection of their successors are:
NAME ADDRESS
•*Tativo vigil Lovez 119 W. 5th St., Santa Ana, CA 92701
Humberto N. Corona 2817 Angus Ave., Los Angeles, CA 90039
Soledad Alatorre 8601 Lankershim B1., Sun Valley, CA 91352
Maria Rosa Ibarra 317 W. Santa Ana, Anaheim, CA 92805
ARTICLE V
The property of this corporation is irrevocably dedicated to charitable purposes and no part of the net
income or assets of this corporation shall ever inure to the benefitof any director, officer or member thereof or
to the benefit of any private persons. Upon the dissolution or winding up of the corporation, its assets remaining
after payment, or provision for payment of all debts and liabilities of this corporation shall be distributed to a
nonprofit fund, foundation or corporation which is organized and operated exclusively charitable purposes
and which has established its fax exempt status unoey §_ 5Qyt) venue Code.
May 5. 1985
(Dated)
I hereby declare that I am the person who executed the for in Ar icles of Inco o which execution is
my act and deed. /Z
wOLCOTTS FORM 436N, Rev. 8.81 ARTICLES OF INCORPORATION (Public Renefil Corporation)
i
Page 24 ® 1989 SD D lftw Alwn ETHNIC ORANGE COUNTY, 1989
NAME: HERMANDAD MEXICANA NACIONAL
ADDRESS 828 N. Bristol, #204
Santa Ana, CA 92703
CONTACT. Nativo Lopez
PHONE:
(714) 541 -0250
HOURS:
MTh 10 -8:30, F -S 10.8:30
PHONE:
(714) 541 -0250
DESCRIPTION: Hermandad Mexicana Nacional (National Mexican Brotherhood) is an advocacy group
for the rights of Undocumented People in the County. It is an organization predominantly
comprised of Vnaocumented immigrants which was oun3ed in 1951 to combat discrimination
in the workplace. The organization is patterned after the organizations founded by Jews,
Germans, Poles, and Latin American immigrants here in the U.S. It is a mutual- benefit organiza-
tion with a labor -union character. Hermandad has always been involved in organizing immigrants
in the workplace. Most recently, we have been involved in a series of rent strikes primarily in the
city of Santa Ana.
AREAS OF COUNTY SERVED: All
NO. SERVED /NO. OF MEMBERS: n/a
FEES /DUES: n/a
LANGUAGES OTHER THAN ENGLISH: Spanish
YEAR FOUNDED: 1951
FUNDING SOURCE: n/a
CHIEF OFFICER /GOVERNING BOARD: Nativo Lopez. Organizer
PUBLICATIONS: Union Hispana ($15.00/yr.)
u
(Form 990)
Inamr P.wnw S.rva.
ITV
Irganizat)on Exempt under F .'(c)(3) cue Ho.
(F,x"pt prlvsw Foundation), 501(e), S0:(t), 501(k), Of Section 4o- .!(a)(1) Charitable Trust
Supplam&rru y Inforrrurtl n U `LJJ
► Attach to Form 990 (or Farm IWE2).
Compensation of the Five Highest Paid Employees Other Than Of
Man SnaCif c instructions_) (Lis each One. It there are none. *roar 'Norm.')
and
Compensation of the Five Highest Paid Persons for Professional Services
(See specifle instructions.) (List each one. H there are none. enter 'None. *)
ly Hun. —4 edam .1 p aem 0.d .1. IN. PQ.opa
(M T11'..nd.v.,14.
I k) Cpmp.nu,ien
(e7 ConIMCVllen. to !.!fawn «.:awl
v,d .ddrau el .TOIOY•.• p.ld d cr. than SZ0.aae
heun p., w.ek
j kj Cam"rdwI an
.vnoleY« I erw e,Mr
I -
I 44.339
d.vol.o to ep ell.d
I
4.rw lit ol.n. .:a.wm.•
HECTOR BROLO
M HOURS A
37,955
GRAZYU'NA KOPYDLOWSKA
2833 N_ BRISTOL #5-D, SANTAA.NA, CA. 92706
21132 GREENWOOD L1NE. ?OMON.� G191766
WEEK
40.750
5
LUIS RENDON
V7 HOURS A
(
,
14956 ROAD 36. `rLADERA. 33
CA. 936
WEEK
2'&939
1
YOGA.NDAF_ GALI GO
x0 HOURS A
3 Oo you make grams for scholars1-_o3, !ellowships, student loans, Into,? . . . . . . . . . . . . . .
3 I X
__________i —_-JI
20641 CAIMPUS.UPPER M1tARLBOR. MD. _077_
I WEEK
34.:
ANDREW ECHAVERRLI
x0 HOURS A
443 w. 14th STREET, SAN PEDRO, CA. 90731
wEEK
34,475
RAYMUNDOGONZALFS
I HOURS A
--'----'- ---'-'--
585 WiNDSwEPT PL SIMI VALI FY, C 1 93065
WEEK
34,425
Total number at other employees paid Over
$30,000 . 0
10
Compensation of the Five Highest Paid Persons for Professional Services
(See specifle instructions.) (List each one. H there are none. enter 'None. *)
ly Hun. —4 edam .1 p aem 0.d .1. IN. PQ.opa
III T yp. at l.Mi .
I k) Cpmp.nu,ien
GUBERT VASQUEZ & COhIPA^fY
510 w. 6th S'I'REN'. SUITE ;on. LOS ANGELES. CAL 90014
AUDITORS
I
55.013
RICHARD $Fix _____________I
14912 PENFIELD CIRCLE, HUNTINGTON BEACH. CA. 9 ?641
I ATT0PUNEY
I -
I 44.339
MARY ELLEN MARTLNET
2160 McCORMACKL.N. PL10E.'n"IZ4 CA. 92670
}I ATTOR'YEY
l
3&135
LETIC" VAL.FNZUEL1
303 E_ 9th STRESI' #406. SANTA ANA. CA1. 92701
CONTROLLER
37,955
GRAZYU'NA KOPYDLOWSKA
2833 N_ BRISTOL #5-D, SANTAA.NA, CA. 92706
CERTIFIED TEACHER
37,024
TcW number of others receiving over $30,000 for
m'essional services . ►
5
h Lancing of money or other extension of credit? . . . . . . . . . . . . . . . . . . . . . .
Beim
MW
Statements About Activities Yee
(II
No
(2)
1 Outing the year, have you arampted to Influence naticnai. state, or local legislation, including any aaerript to
imluance public opinion on a legislative matter or referendun7 . . . . . . . . . . . . . . .
1 X
H 'Yes,' enter the !olal expenses paid or incurred in conr,eclen with the !egislatve acivit'm S
Complete Part VI of this form for Organizations that made an election under section WI(h) on Form 576a or other
statement For other organizations checking 'Yes.' acach a statamem giving a detailed description of he legsative
acdvitie"s and a ctassrded schedule cf the expdnsas paid or incurred.
2 Owning the year, have you, either direct' or inclrecy, engaged in any of the following ac-.s with a trustee. dlrac:or,
pnncical c:5csr, or creator cf your organization, or any taxable organization or ccrperadon with which such person is
a:5limee as an effcer, direcer. tmstae, majority owner, or pnnc9oai beneficiary:
?a I X
A Sale, exchange, or leasing cY prooer;y?. . .
h Lancing of money or other extension of credit? . . . . . . . . . . . . . . . . . . . . . .
2b X
c Fumishing of goods, sarvicas, or fac!ities? . . . . . . . . . . . . . . . .
2c I X
d Payment of compensation (or payment or reimbursement of expenses H more ;Nan S1,000)? .. .
m I X
e Transfer of any pan.W your Income or assets? . . . . . . . . . . . . .
20 X
H the answer to any question Is 'Yes,* aitach a detailed staterriam explaining the transac:ons.
3 Oo you make grams for scholars1-_o3, !ellowships, student loans, Into,? . . . . . . . . . . . . . .
3 I X
4 Attach a statemam explaining how you determine that individuals or organi2a5ons receiving diet .aemer:ts from you
in fuMeranca W your chat-rata pr•:crama qua:ify to receive paymems (See specific insiuctigns.)
For Paperwork Reductlan Acz tiouce, :,-a page 1 of the instructions to Form 990 (or Form 99062)_ Schedule A (Form 990) 1990
}.27•ah
.+ •J361 Pace 14
SCHEDULE F — Litigating Organizations (Public Interest Law Firms and Similar Organizations)
Will the organization conform to the guidelines for organization; engaged in litigation activities issued by the
Internal Revenue Service in Rev. Proc. 713 pq� 9, 1971.2 C.R 575, and Rev. Proc. 75.13,1975 -1 C.B. 662? 1S Yes ❑ No
If 'No,' explain.
2 What is the organization's area of public interest or concern?
PROVIDING . NON PROFIT REPRESENTATION REGARDING IMMIGRATION, HOUSING, WORKERS
COtTENSATION, CIVIL MATTERS, ETC. TO UNDOCUMENTED WORKERS AND THEIR FAMILIES AND OTHER
T nT.7 F
3 Is the organization setup primarily to try the case of a particular person or prosecute a particular cause of action? . HYes iXJ No
If 'Yes," explain.
4 What are the organization's criteria for selection of cases?
BASED ON FAMILY LEGAL NEEDS, ABILITY TO PROVIDE REQUESTED LEGAL REPRESENTATION AND LEGAL
ISSUES AFFECTING THE COMMUNITY
i In what cases has the organization started legal proceedings and in what other cases is it preparing to start proceedings?
Describe the legal issues involved in each case and explain how they relate to the organization's area of concern.
LEGAL PROCEEDING ARE INITIATED AS FAMILIES REQUEST THESE SERVICES DUE TO POOR HOUSING-
i a Composition of the organization's board of directors or trustees: I
Name and address Business or
HUMBERTO CORONA, PRESIDENT, 82 , 61.111L ZU14
....................................... -----------------
C IFORNIA 92703 RETIRED PROF
NATIVO_ LOPEZ, SECRETARY, 828 N. BRISTOL, SUITE 204
-------- ---------- -------- --------------
SANTA ANA. CALIFORNIA 92703 INTERPRETOR
SOLEDAD ALATORRE, TREASURER, 828 N. BRISTOL, SUITE 204, S.A_ LABOR ORGANI
MARIA ROSH RARRA."TRitSTEE 828 N. BRISTOL,SUZTE 204. S.A DRAFTSMAN
b Will any of the attorneys hired by the organization be a trustee or member of the board of directors of the
organization or be associated in the practice of law with any such trustee or member? . . . . . . . . ❑ Yes - Z3 No
If 'Yes," explain.
Does or will the organization share office space with a private law firm? . . . . . . . . . - ❑ Yes H No
If 'Yes." explain.
Does or will the organization receive fees for its professional services? . . . . . . . . . . . . . • .
❑
Y_ es
U No
It 'Yes,' explain.
SCHEDULE G.— National or International Amateur Spor'; Competition
N/A
Does your organization directly or indirecV, provide any facilities or equipment for the Ur. �f amateur athletes
engaged in national or international soorts ccmpetition?
❑
Yes
❑ No
Now do you foster national or international s.: As competition?
vpu provide financial assistance to ama athletes? V
❑
Yes
❑ No
. . . . .
r
A DECADE OF SEDITION
Latino Panel Calls for Hiring - Sanction "Hit List"
Leaders avant penalties for employing illegal aliens eliminated;
Congressmen who back Employer Sanctions law would be targeted on Election Day
By WILLIAM J. EATON L.A. TIMES STAFF WRITER, WASHINGTON - April 23, 1990
Latina leaders conceded Sunday that they will lose this year's drive to remove employer sanctions from the new immigration law, but
added they would target for defeat a "hit list" of key members of Congress who refuse to support future repeal legislation. Addressing the
first -ever Hispanic Leadership Roundtable, several speakers said a system of fins levied on employers who hire illegal aliens has led to a
pervasive luring bias against all Latinos who speak with an accent or appear to be foreigners. Even though the General Accounting Office
concluded in a March 29 report that "widespread discrimination" is practiced by an estimated 19% of employers - -29% in the Los Angeles
area -- Congress is balking at repeal of the sanctions under a 30-day escape clause written into the law, the conference was told.
The law provides that Congress can remove the sanctions by passage of a joint resolution within 30 days after the GAO report. If that time
period passes without action, sanctions could not be removed without passage of a bill - -a much more time - consuming and uncertain process.
But while leaders at the round -table admitted a resolution was unlikely within the 30-day limit, they vowed to keep fighting.
"If we cut a deal and it ain't kept, then there should be hell raised and hell to pay," said Andrew Hernandez, director of the Southwest
Voter Education Project. Since an overwhelming number of Latina voters can be expected to oppose sanctions, Hernandez said, it could be
made a test for supporting members of Congress seeking reelection this fall. "We need a hit list of those people in our own back yard - -those
congressmen who are wavering," Hernandez said without mentioning anyone who might be placed on such a list. He urged Latino leaders to
demand that their senators and representatives in Congress take a yes or no stand on the issue of sanctions, adding: "That would strike fear
and dread into the heart of any politician."
Charles Kamasaki, vice president of the National Council of La Raza, said the outlook was gloomy for repeal of sanctions this year and
perhaps in the next Congress as well. "The fact is that a lot of people don't care about discrimination against Hispanics," Kawasaki said.
"There is a view that Hispanics haven't suffered enough." Calling for retaliation at the polls, he added: "We need an acceleration of political
activity. This is an election year and we have to make an example of some people."
Francisco Garcia - Rodriguez, national director of the immigrant rights program for the Mexican American Legal Defense and
Educational Fund ( MALDEF), said Congress' refusal to adopt a resolution for quick repeal of employer sanctions did not mean final defe
for Latino organizations. "It's just a first skirmish in what we believe will be a prolonged war," he told a reporter. "The sanctions debate is
not going to go away."
Later, addressing the conference of about 75 national Lati no leaders, he opposed legislation that would preserve the sanctions but try to
mitigate the impact of discrimination against members of the established Latino community. "The only logical solution is repeal of this
discriminatory statute," he said. "We are in a position to caU people who vote jar sanctions racist. "
The issue of sanctions was the most emotional issue discussed at the daylong meeting, called to improve working relationships among
Latino groups who occasionally have been at odds over legislative goals. Representatives from Cuban- American, Puerto Rican and Mexican -
American groups attended briefings on major issues and planned to lobby members of Congress and the Bush Administration today. The
Latino leaders -- ranging from officials of the Hispanic Chamber of Commerce to the National Assn, of Latino Elected and Appointed
Officials- -also discussed ways to increase support for the Civil Rights Act of 1990, legislation to require government set - asides for minority
contractors and efforts to increase presidential appointments and rank- and -file federal jobs for Latinos. While there were no formal votes or
resolutions adopted, the conferees agreed to set up a more formal network, or secretariat.
One participant's suggestion for a computerized national data bank of Latino organizations won wide applause. "I can't tell you how
important this meeting is," said Rep. Esteban E. Torres (D -La Puente), the only member of Congress who took part in the meeting. "This is
really a historic moment for us."
Letter to the Editor from a reader:
At what has been described as "The First Ever Hispanic Leadership Roundtable ", representatives of several minority activist groups came
together to plan the strategy for forcing our government to repeal the Employer Sanctions Law that now prohibits the luring of illegal aliens
or those individuals who are obviously non - citizens and without proof of legal residency. After reading some of the dialogue that was used at
that meeting, the reader can't be certain that the reporter who covered it hadn't wandered into a high -level meeting of the Mafia or a movie
set of a "roaring 20's" film by mistake.
For instance, Andrew Hernandez, a director of one of the numerous Hispanic organizations in attendance, was quoted as saying, "If we
:ut a deal and it ain't kept, then there should be hell raised and hell to pay," and went on to call for a "hut list" of all members of Congress
who wouldn't meekly submit to the demands of the pro - immigrant rights organizations for repeal of the federal Employer Sanctions
Law.(shades of "Little Caesar" - you buy my booze or else.[)
Then Francisco Garcia, Director of MALDEF (Mexican - American Legal Defense and Education Fund), proclaimed that the conference in
session was just the "first skirmish of a prolonged war" (against American citizens). The weapons used in that war were decided upon, and
the label of "racism" was the one, according to Hernandez, that "would strike fear and dread into the heart of any politician."
Not surprisingly, the only Congressman who attended this "war council" was Rep. Esteban Torres of La Puente. California. who
?roclaimed the meeting "a historic moment for us ". As for the other 434 Congressmen/women and 100 Senators elected by American
:itizcns, we can only hope that before they vote on this issue they look up the word "integrity" in the dictionary and come to the realization
hat there are far worse things to be called with an interest in immigration reform than "racist ". For example. Coward!
Orange County
By IIE ER M. WARREN,
N A NCY CLEELA N D
and H.G. REZA
I IMES SIAI'f WRITERS
Noncitizens registered to vole
this fall with the aid of a Latino
civil rights organization and later
cast ballots in a central Orange
County district that included the
hotly contested Nov. 5 race be-
tween U.S. Rep. Robert K. Dornan
and Democrat Loretta Sanchez.
Nineteen people interviewed by
The Times acknowledged that they
voted though they had not com-
pleted the naturalization process.
which is finalized with an official
swearing -in ceremony. All but one
were taking citizenship classes
with the Santa Ana -based organi-
zation Hermandad Mexican Na-
tional, which registered at least
1.357 people countywide this year.
nearly 800 of whom voted in the
November election.
Nativo Lopez, the executive di-
rector of Hermandad, who won a
seat on the Santa Ana UnifitA
School District board this fall, con-
ceded that some students in the
classes voted before they were
sworn in. He attributed the prob-
lem to misunderstandings and
overzealousness by those about to
become citizens.
"I feel a responsibility to all
those people who went through
here that somehow down the road
those things were not made clear
enough to them," he said in an
interview Thursday. But he added:
"My clear instruction to people was
they could not vote until they were
sworn in, and all my staff were
instructed the same way."
It is unclear who, if anyone.
advised the noncitizens that they
could vote, how many voted il-
legally or how their votes might
have affected the outcome of the
Dornan- Sanchez contest.
The 19 voters who spoke with
The Times said in interviews this
week that they were encouraged to
register and vote by those they
believed were associated with the
Please see BALLOT, A16
91
rn
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Ga
I
BALLOT: Noncitizens Tell
of Voting in Orange County
Continued from Al
and that almost 200 ineligible ab-
organization. The 18 taking citi --
sentee ballots were counted,
zenship classes at Hermandad said
among other allegations.
they were registered to vote im-
Sanchez :has 30 days to respond
mediately after they passed their
to Dornan's. complaint. A House
proficiency tests or had success-
committee`dould later be charged
fully completed an interview with
with evaluating Dornan's case. The
an immigration official. •
House would ultimately decide
They said they were given voter
who gets the seat.
registration material and absentee
As part of its own review this
ballot applications and told that
week, The Times interviewed a
they could exercise their right to
Santa Ana woman who attended
vote. Many said the material was
citizenship classes at Hermandad's
collected after it was filled out.
Santa Ana office. She said an
On Thursday, Dorman filed a
complaint with the House of Rep-
unidentified woman encouraged
resentatives contesting the results
her and others to register on Oct. 2,
,;'na:;i .'. -,..• ;:.:..;
the day they completed their inter.. -,
'
views wlth.."the - Immigration 'and`-
Naturalization Service.
"The staffer walked into the
room and asked people who had
passed their INS interviews, 'Who
wants to vote in the election ?' "she,
. +..,
said. Several people, all potential
I ;ts
citizens, . raised their hands and
+..
were given voter registration
cards, the woman said.
'I
"I was told that I could register
✓ r:y ;
+'
to vote,'.' said the woman. "I filled
there,
;}
t
out the registration card and
they toakit from me."
t is a felony under state law for
someone who is not a citizen to
-a, vote or register to vote.. Noncid -..
zens who''commit felonies arcs u�bl
ject to deportation, and those who
falsify information could be ineli-
gible for citizenship, though it
would depend on' the individual
circumstances, said,11tichard Rog-
- ers, Los Angeles district director
k7st tAa¢t.[- LoiAngeleslim" ' for the F .
.4.n:'',M'+ ` f. =' Dorm first .raised the charges
Nativo Lopez, �dlrector of Her -. of .frau enb voting a week after
mandad`.Mexicarja' °'Nacionai: the Nov. 5 election. He lost to
Sanchez in one of the most closely
L watched congressional contests in
of the election which he lost' by the nation
989 votes, bbrnan and big lawyers
claimed they`,have identified as In the 96th Congressional Dis-
y - trtct,�'Hermandad, "registered !at
many :as'y350Qpotetltially'.invafid teatt'916 people, ` the..astmajority
ballots- in the six weeks befdFe the Oct. 7'
Michael Schroeder,, an attorney re stratiod.deadline to vote in the
for Dorman and vice airm�n of November election; 585 of these
the California Republic Party,
charged Thursday t voted, according toa computer
that his invest ± - ' Yi
gators.have'identified.as many as. analysis of the vote by. aTorrance-
S 000 ball ,t� east,by noncitizens or based election group.
comvleteelons Scliroeder.'pro-
The Orange County district at-
vided no piroof forAhia'new claim, ` torney's;`office is conducting a
but said he•iiope'd to do so by next criminal investigation into allega-
week , ; .,, .:. , tions, of voting irregularities, in
Schro er,ais0.iepeated prey±= eluding whether noncitizens voted
ous charges that about 100 people in the election
voted twice, that, 1215., people im Chief .AIss/stant Dist. Atty. Mau -
properly,2 o.O d from busmess ad,, nce•Evans^declmed to discuss the
J
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3
i
1
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27a to
Continued from A16
investigation or any aspects of the
case. "We are at a junction now
where we are not going to com-
ment about this," he said.
County Registrar Rosalyn Lever
said her office is cooperating with
the investigation by forwarding to
the district attorney information on
people who may have registered
illegally, including the names of 10
noncitizens who contacted the reg-
istrar to ask if they should have
registered.
Lever's office concluded a re-
count of the election last week,
which adjusted the election results
by five votes in Dornan's favor. But
officials were not examining issues
of whether people voted improp-
erly or registered illegally.
The Times conducted interviews
this week with 64 people who cast
ballots in November, drawing their
names from a list of voters who
registered in the 46th Congres-
sional District. They all used regis-
tration forms signed out to Her -
mandad by the registrar's office.
®f the 64 people; contacted,
some refused' to be inter-
viewed, others 'said they did not
vote, and still others said they
were born in the United States or
were naturalized citizens when
they registered to vote.
A few referred questions:to Her -
mandad Mexicana andiidpez.
Nineteen of the 64 said they had
registered before becoming citi-
zens and all but one took citizen-
ship classes., at the Hermandad
offices in Santa Ana or Anaheim.
Sixteen of them have'yet to attend
a swearing -in ceremony, seven
weeks after the election, they said.
Three said they voted before be-
coming citizens and were sworn'in
after the election.
Among the people called, 44
described themselves to The Times
as having registered legally, either
because they were born in the
United States•.or because they at-
tended a naturalization ceremony
before registering to vote.
Every one of the 19 appeared
unaware that they had broken the
law by voting or that they had
jumped the gun on registering to
vote.
An Anaheim woman who at-
tended citizenship classes at Tier -
mandad's Anaheim office in June
and July said that "a secretary and
teacher" both told her she was
eligible to vote immediately after
successfully completing her INS
interview Oct 1.
"Immediately: after, the inter-
view, a secretary handed me a
voter's. registration card. I asked
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.,
FUNDING: Millions of dol-
lr.rs in citizen - training
grants from 1994 -1998
can't be accounted for.
By DANIEL M. WEINTRAUB
The Orange County Register
SACRAMENTO — Hermandad Mex-
icana Nacional — the Los Angeles -
based citizenship- training agency that
has a major presence in Orange Coun-
ty — could not sufficiently document
its claims for millions of dollars in
state payments over four years ending
in 1998, a new audit says.
The report, by state Auditor Kurt
Sjoberg, also suggests that Herman-
NEWS 6
Early wi
heeded,
dad and one of its affiliates may have
fabricated attendance records used to
justify their receipt of taxpayer funds.
Oversight of Hermandad by the state
Department of Education, meanwhile,
was woefully inadequate, the audit
said. While the department quit fund-
ing the agency in 1999 and demanded
that Hermandad repay $4.3 million it
had received, that action came nearly
two years after the state should have
pulled the plug, the audit said.
Sjoberg said the problems with the
program extend far beyond Hermandad
and four other private, nonprofit groups
that are part of an investigation by
federal law enforcement authorities.
"The department really has not ex-
ercised sufficient oversight to ensure
GRANTS: Hermandad's
records were called `lu-
dicrous' in an Educa-
tion Department memo.
By DANIEL M. WEINTRAUB
The Qrange County Register
SACRAMENTO — Depart-
ment of Education analysts were
appalled in August 1998 when
they examined the records of
Hermandad Mexicana Nacional.
The nonprofit agency was sup-
posed to be training thousands of
immigrants each year to prepare
them for U.S. citizenship. But
Hermandad had few records to
document its work, and what rec-
ords it did have appeared in
some cases to be phony.
One year, for example, Her-
mandad reported that 43 teach-
ers had each taught 6,852 hours
— a workload that would have
required the instructors to be on
duty for more than 18 hours a
day, every day of the year.
"If such ludicrous figures can
be reported as fact from this
agency, it defies reason to accept
as accurate either the number of
enrollees or the total number of
attendance hours reported,"
wrote Tom Bauer, a department
consultant, in a memo to his
boss.
But by then Hermandad had
Min
that these organizations can fully docu-
ment that they provide the services they
claim they provided," said Ann Camp-
bell, the principal auditor on the project.
Education Department officials said
Tuesday that they had already taken
steps to correct the problems cited in
the audit. And Bert Corona, Herman -
dad's executive director, said his
group has never submitted an illegiti-
mate claim to the state.
"We were never told we had to keep
these records," Corona said. "They
are responsible for some training, not
to just sit back there and say,'Aha, you
didn't do it right.' "
► PROBE: Discrepancies weren't addressed
when they first emerged. News 6
The Orange County Register
� signs. i
auditor
ON PAGE 1
A new audit says Hermandad
Mexicana Nacional could not
properly document millions of
dollars in grants from the
state for citizenship training.
Story on News 1
already received more than
$7 million in state and federal
funding for its training pro-
grams. The state had cut off the
money flow a month earlier and
demanded a refund that still has
not been paid.
If a thorough examination of
Hermandad's records had been
done sooner, when financial
problems first surfaced at the
agency, taxpayers might have
been saved millions of dollars,
state Auditor Kurt Sjoberg said
in a report released Tuesday.
The Education Department's
failure to catch Hermandad's
problems, Sjoberg said, was one
of many examples of mismanage-
ment his auditors found in re-
viewing the department's over-
sight of the state education pro-
grams aimed at adult
immigrants.
Sjoberg said eight out of 10 citi-
zenship training agencies his au-
ditors visited — including Her-
mandad — could not document
the number of class hours for
not
Sys
which they received federal
funding, and none could consis-
tently demonstrate gains in skill
for the students they said they
had educated.
The audit said Hermandad of-
fered "no support" for its claims
in two of the four years and insuf-
ficient support in two others. And
in those two years, the agency
offered documentation that was
"highly questionable" — includ-
ing a report showing nearly full
classes held on national holidays.
Nativo Lopez, who runs Her -
mandad's Orange County opera-
tions, declined to comment on
the audit Tuesday. Hermandad
Executive Director Bert Corona
said the agency never submitted
a fraudulent claim. He said the
program was a victim of bad
training by the Education De-
partment and is still owed money
by the state.
Department officials, mean-
while, said they have corrected
the problems cited in the audit.
"We recognized well over a
year ago that there were prob-
lems," said Joan Polster, manag-
er of the department's adult edu-
cation office. "We've really tight-
ened up the monitoring process."
But Sjoberg and his staff said
the department has been too slew
to react and still does not have a
system in place that is adequate
to detect fraud.
Z Qe K4.eU
Hermandad's finances
News that the California De-
partment of Education this week
filed a $17 million lawsuit against
Hermandad Mexicana Nacional,
executive director Nativo Lopez
of its Santa Ana office and others
was not surprising,'despite the
seriousness of the charges.
It's not every day that a Cali-
fornia agency files a large civil
lawsuit against an individual and
organization. It's not every day
that community leaders are ac-
cused of fraud, of misusing or not
properly accounting for federal
money, of not properly paying
taxes.
Yet Orange County residents,
long familiar with Mr. Lopez's
over - the -edge political antics,
can't be too surprised that alleged
financial boundary- pushing
sparked attention from the state,
which has good reason to insist
that federal grant dollars are
spentlegally.
We are surprised, though, that
it took so long for the agency to
file its suit, given the results of
federally mandated independent
audits conducted three years ago,
,which found various irregular-
ities. Federal authorities continue
to investigate the group's use of
public funds, which proceeds on
a different track. Now the state
wants the group to return $7 mil-
lion in improperly documented
grants plus another $10 million in
punitive damages. .
This is warranted, though we
find it questionable that Herman-
dad received the funds in the first
place, given that language and ci-
tizenship classes are readily avail-
able elsewhere.
"The defendants knowingly
submitted documentation and
made representations to CDE
[California Department of Educa-
tion] ... purporting to show the
instructional services that defend-
ants had allegedly provided and
expenses they had allegedly in-
curred in providing services for
the prior grant year," according
to the lawsuit. "The assurances,
promises, certifications and rep-
resentations made by defendants
were, in fact, false and fraudulent
as defendants then and there well
knew. Specifically ... defendants
knowingly and improperly sought
and obtained reimbursement for
hours of instruction never pro-
vided and expended ESL- citizen-
ship grant funds on improper, un-
reasonable and unallowable ..
activities.... [D]efendants know-
ingly and improperly failed to
maintain adequate documentation
and records to enable CDE to de-
termine whether all program re-
quirements were being satisfied."
Although some Latino activists
defended Mr. Lopez, who is also a
Santa Ana school board member,
others were less charitable. Art
Pedroza Jr. doesn't understand
how Mr. Lopez maintains any
credibility. Josie Montoya of
United Neighborhoods told the
Register: "After three years [of
documentation requests] any
organization has had time to clear
up matters. It's their responsibil-
ity to show the community that
they have not misused funds. It's
not enough to just say that [the
allegations] are not true."
That says it all. After all, the
state only wanted an accounting
of how Hermandad spent tax-
payer dollars, and it gave the
organization plenty of time - too
much time, many say - to comply.
It was the last straw, officials say,
who want to see student records.
Mr. Lopez's response has been
Clinton -esque - blame the
right -wing conspiracy. Certainly,
Mr. Lopez must be granted the
benefit of the doubt pending the
final outcome. But he and his
organization are no strangers to
investigations and controversy.
Clearly, organizations and ac-
tivists should be free to do and
say as they please, provided they
comply with the law. The big
problem is when taxpayers are
forced to subsidize private
groups, especially those with
highly charged and partisan polit-
ical agendas.
Our sense is the investigations
would be far fewer and the activ-
ists less controversial if the gov-
ernment wasn't so fast and loose
with taxpayer cash.
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Questions raised on state's use of funds for Latino programs
By Ed Mendel D
UNION - TRIBUNE STAFF WRITER
San Diego Union - Tribune, June 27, 1998
C0 '(1 J SACRAMENTO — Newly revealed documents show that Latino legislators pressured the state
Department of Education to use federal grants for English and citizenship classes, even
though several high - ranking state officials thought the plan was illegal. The funds
were originally targeted for adult education, and state education officials believed it would be
illegal to put the money in special immigrant classes without first going through the time -
consuming public process of amending the state adult education plan. But the determined
Latino legislators pushed the program through.
It was a bruising battle that left officials in the state Department of Education deeply divided.
The view in the department that the grant program had special standing apparently
contributed to lax administration of a program now being investigated by the federal
government for fraud and misuse of grant funds. The documents show several
irregularities in the administration of the grant program that began in 1994: Latino
legislators used the threat of "harassing audits" to persuade the Department of
Education to raise payments for classes that would be taught by community-based
organizations such as the well -known Hermandad Mexicana Nacional. No action was
taken on early audits suggesting serious problems among some of the grant recipients.
Over the last four years, the department has issued about $15 million in federal grants for
English and citizenship classes to 45 community -based organizations. Hermandad received
grants totaling $5.5 million in the last two years, despite a recommendation from top
department officials that funds be cut off because of a failure to pay income and payroll taxes
and fully account for how the grant money was being spent.
The new information about the grants comes from internal Department of Education mleIlos
and documents subpoenaed by federal investigators in April that became public recently. The
investigators are looking at 10 grant recipients, including Hermandad. Several of the memos
mention that department officials held discussions about the new grant program with
Sen. Richard Polaneo, D -Los Angeles, Assemblywoman Denise Moreno Duchenv, D -San
Diego, and their aides. Polaneo, chairman of the Latino legislative caucus, said L• atino
legislators did not "bully" the Department of Education officials or exert improper pressure.
"What I sense is four years of a lot of expansion and a lot of opportunity in
engaging people in the process. This Legislature has supported that," said Polanco.
"We don't support any kind of continuation of programs that are in fact not performing."
Ducheny said she inserted language in the state budget in 1994 authorizing grants to
community -based organizations for classes in English and citizenship. The organizations were
losing funding provided under a 1986 federal immigration Iaw, just as California faced a
bulge in applicants for citizenship. "From our perspective, quite frankly, it looked like they
(state Department of Education officials) were dragging their feet and didn't want to do it,"
said Ducheny.
The U.S. Department of Education's inspector general, which issued the subpoena, has been
accompanied by the FBI while interviewing a number of employees of the state Department of
Education. Although federal officials are not commenting, the investigation is believed to have
been triggered by a "whistle- blower" lawsuit filed by a former supervisor of state adult
education programs, Robert Cervantes. Cervantes was demoted, reportedly after clashing with
a superior over an attempt by Cervantes to hold up payments to grant recipients with
problems uncovered by state auditors.
The probe of the grants is adding to the already tense relationship between the 11-
member state Board of Education appointed by Republican Gov. Pete Wilson and
Superintendent of Public Instruction Delaine Eastin, an elected Democrat. The board
chairwoman, Yvonne Larsen of San Diego, is pushing for an outside audit of the grant
recipients. Latino legislators started their drive for the grant program in 1992 with the
passage of a bill, SB 1068 by former state Sen. Art Torres, D -Los Angeles, to provide
services to immigrants with federal adult education funds. No money was issued because of
concerns about complying with federal law and checking the immigration status of students.
To jump start the stalled program, Ducheny, then a freshman legislator, inserted language in
the 1994 state budget. State education officials immediately pointed out two flaws in the last -
minute language that was not scrutinized in a legislative committee. Funds can't be used
Federal adult education funds cannot be used for citizenship testing, And the funds cannot be
directed to a few specific groups, but must be issued through an open application process. The
Latino legislators, dropping those two points, nevertheless prevailed on the main issue of
whether the federal money could be used for English and citizenship training without
amending the state plan for spending adult education funds.
Department officials said the grants would be illegal without an amendment to .
the state plan, a process taking six to 18 months. A plan amendment also requires
public hearings and approval by the state Board of Education, which could have altered o.
even blocked the grants. One of the memos describes a meeting in July 1994 in Polanco's
office between four high- ranking department officials and several legislators, including
Duchenv. The memo says the Latino legislators explained the purpose of the budget language.
"They also stated that the department had agreed, and approved of this budget language,
much to the shock of those of us in the room representing CDE (California
Department of Education)," says the memo.
The memo says a department official was told the offices of Polanco and Ducheny would only
discuss the issue with the department's top man, Dave Dawson, then acting superintendent of
public instruction. Dawson, who has since retired, could not be reached for comment. He
became acting schools chief after Bill Honig stepped down because of a felony conviction,
serving until Eastin was elected in November 1994. In the end, department officials say, they
got approval from federal officials later that year to begin the grant program temporarily.
The federal officials said the grants could continue with a technical change to the state plan,
which does not require hearings or approval of the Board of Education.
Latino legislators turned up the heat in the summer of 1994 by threatening to
ask the joint legislative auditor to look at all of the federal adult education
grants. Gerald Kilbert, state assistant superintendent, said in a memo in late August of that
year that a legislative aide told him, "Auditing all contracts of the Adult Education Unit will
be the leverage used to assure the Legislature that we will comply with the (state budget)
language.
Ducheny said Latino legislators believed department officials had tried to rally black
legislators and others against the grant program, arguing that the $7.7 mullion earmarked for
the first year could be diverted from programs for their constituents. "There wasn't an actual
audit," said Ducheny, although she was prepared to suggest one toward the end of 1994 to
help clear the air by showing how previous grants had been spent. Others lobbying The
memos show that department officials also were being lobbied by organizations that would
receive the grants. Kilbert said in his memo that he met with Hermandad's executive director,
Bert Corona, and officials from two other groups to see if a compromise could be worked
out. "I was told that the harassing audits will continue until the (community -based programs)
get base funding," Kilbert wrote. "It is better for them to continue the pressure and maybe
even have farm workers picket the CDE until the state plan is amended or they receive base
funding."
Most of the federal adult education money had been going to school districts and community
colleges, which have classrooms, staff and large programs allowing them to operate at lower
costs. Corona said the community organizations needed higher payments because they have
higher costs. Some of the organizations take their classes to farm workers who cannot travel
to schools and in some cases are illiterate in their native language. The federal adult education
grants issued by the state had been paying $16 per 100 -hour unit. "How can you teach for that
amount of money ?" Corona said in an interview.
In October 1994, the department held meetings with representatives of the prospective grant.,
recipients to discuss the citizenship classes and a payment rate. The groups suggested rates
ranging from $75 to $350 per 100 -hour unit. Dawson settled on a rate of $250. But because
of the large number of grant applicants, says the memo, organizations offering more than 15
100 -hour units received only 26 percent of the amount they requested. A year after the grants
began, the department adult education supervisor, Cervantes, brought in an outside auditor,
Alan Cates.
The auditor reportedly told Cervantes he found evidence of fraud among some of the grant
recipients. The lawsuit filed by Cervantes apparently alleges that he was removed from his
position after trying to withhold payments to some grant recipients. Later internal department
audits would find severe problems. "This is a clear case of fraud against the federal
funds," a memo in April 1997 said of one grant recipient. In other memos last year,
department officials recommended against giving more grants to Hermandad,
which also faced allegations of haying helped illegal immigrants register to
vote. Among other problems, a bank had obtained a court order withholding Department of
Education payments to Hermandad until its debt was paid off. Hermandad owed money for
payroll deductions and income taxes. "She blew up."
A recommendation that Hermandad's request for new grants be denied was
signed by Superintendent Eastin. Nevertheless, the department approved a
$2 billion grant to Hermandad last fiscal year and a$3.5 billion grant this year.
[ JESUS H. (blank) -ing CHRIST "She blew up," said an Eastin spokesman, Doug
Stone, when the superintendent learned after the subpoena this year that Hermandad was still
receiving funding.
Mother memo written in April 1997 shows the deep division in the department over
Hermandad. Jay Rollings, a consultant, said he and another department official reviewed a
random sample of 13,000 folders of people who took classes, and found Hermandad to be in
compliance. Rollings said he later worked with Bert Corona and his staff to help them
organize their paperwork. He said many Hermandad instructors are recent citizens who are
inexperienced and unsophisticated. "I've learned that Bert is a man of principle, integrity, and
with a remarkable social conscience," Rollings wrote. "I won't believe he would engage in any
manner contrary to what is fair, reasonable, and defensible. "More than that," Rollings
continued, "his agency is uniquely focused on providing service to people most in
need of assistance, namely, undocumented people residing in California." At a
meeting of the Board of Education this month, Eastin said mistakes were made in the grant
program. She said she has installed a new team of managers.
Aug. 30 - Sept. 5, 2002
One Gigante Mess -How a multibillion - dollar corporation played the victim and got
its liquor license
by Gustavo Arellano
There was a time when Amin David fancied himself the Carrie Nation of Anaheim. Take, for instance, the night of April
10, 2001, when the prominent Latino activist confronted his city's elementary school board over the issue of liquor
licenses in the city. "How dare you cast aside the well -being of our community and of our children," he
thundered. "You have no shame!"
The shameless board had refused to join David in crusading against an Ultramar gas station's alcohol permit. According
to David and his civic group Los Amigos, crime around Ultramar was 148 percent above the city average and too close
to the vulnerable children of Benjamin Franklin Elementary.
Flash forward to Aug. 20, when David had become Jose Cuervo. That night, he urged the City Council to approve a
liquor license for Gigante, the Mexican supermarket behemoth. Weeks before, the city planning commission
approved Gigante's plan to open a massive store but killed the company's all- important liquor license application.
Gigante seized on the denial as evidence of racism, and David —a powerful figure in the Latino community — agreed.
Never mind that approving the permit would allow Gigante to sell hooch in an area with a crime rate 184 percent above
the city average. Or that Gigante will be closer to two schools than Ultramar was to Franklin. Or that the area already
carries more liquor licenses than state law allows. No, David asserted, denying the Guadalajara -based conglomerate
a liquor license was clearly racist.
Besides David, Gigante's race war was also waged by an army of men and women with the motive to deliberately
misconstrue the conflict:
•Nativo Lopez. The Hermandad Mexicana Nacional president faces a recall effort as a member of Santa Ana's board of
education. In an already hyperbolic PR campaign, Lopez went nuclear to distinguish himself, calling Anaheim's liquor
license rejection "market ethnic cleansing." His reward: his mug printed on newspapers.
Orange County Weekly, June 1 - 7, 2001
Little White Man
Hermandad plays race card to dis Davis
by Gustavo Arellano
In addition to Governor Gray Davis' many problems — fumbling energy deregulation, plummeting approval ratings, and the
resulting death of his political aspirations—comes a new one: a Santa Ana -based Latino-rights group has taken out an anti -Davis
ad that refers to the governor as a "fucking little white man."
Part of Hermandad Mexicana Nacional's radio and N campaign, the first ad aired May 21 on LA ranchera station KKHJ -AM 930.
A fictional man and woman comment on California's Department of Motor Vehicles new tightfisted policy on issuing driver's
licenses to immigrants. The man says he knows someone who was put in jail after going to a DMV office, the woman says she
knows someone whose license was revoked after 10 years because she did not have legal documents.
The man asks if these problems are a result of Proposition 187 and Davis' gubernatorial predecessor, Pete Wilson.
That's when it's revealed that Davis —not the much - reviled Wilson —is behind the new DMV policy. And at one point, the man
wonders what that "pinche guerito" (fucking little white man) has against Mexicans. The woman replies that Davis (a Democrat)
and Wilson (a Republican who backed the infamous Prop. 187 and its successor measure, Proposition 209) are the same.
Although the word "pinche" is bleeped out (all we get to hear is "pin "), it is obvious that is the slur. The ad finishes with an
announcer reading a toll -free number and urging everyone to join Hermandad to protect themselves against unwarranted arrests
and bureaucratic hassles.
But after it had received heavy airplay, the ad was pulled off the air on May 22.
"That particular version of our ad is not in line with the philosophy of Hermandad, and we do not approve of it," Nativo L6pez,
Hermandad's often embattled leader, told the OC Weekly. "It distracts from the main message and is racially offensive to Anglo-
Americans."
Lopez accused KKHJ of adding the vulgarity to his group's commercial and said he scheduled a meeting with station
management to discuss the problem.
That's preposterous, according to Andrew Mars, corporate vice president of LBI, the corporation that owns KKHJ. "We did not
add 'pinche, "' Mars maintained. "We added 'pin- beep.' We recorded based on the copy that they sent us. It had ' pinche,' and I
made sure it was not said on the air since it is a swear word. Even after the 'pin- beep,' I was not comfortable with the ad, so I had
that version pulled off also."
The ad came back on the air on May 23 sans the bleeped -out expletive. But the reference to Davis as a guerito remained.
"If it sounds harsh, it was meant to be," said an unapologetic L6pez. "We feel it is our responsibility to be honest to our
constituents."
Although the literal translation of "guerito" seems benign (the root word guero means "blond" or "fair"), its connotation is not: it's
the equivalent of calling a black person a "darky." Still, Hermandad had heavier ammunition available: guerito is not nearly as
insulting as gabacho, which specifically references the target's race, not just skin color. Gabacho is akin to calling a black person
"nigger."
Nevertheless, Hermandad did add insult to injury by using the diminutive of guero, so that Davis is identified not merely by skin
color but also by size —he's a little white man.
Controversy and race politics are nothing new to Hermandad, but use of a vulgarity to attack a governor and making references
to a politician's race rather than his or her record appears to be a first in Spanish - language media. The growing strength of the
Latino electorate in California makes ads like this one potentially damaging to a politician's reputation in the Latino community.
Davis' camp is well aware of this, the governor enjoyed about 80 percent of the Latino vote when he beat Dan Lungren in 1998.
And his supporters aren't happy with the commercial.
"The ad is wrong," said Byron Tucker, Davis' deputy press secretary. "It speaks for itself. It's very derogatory and an unnecessary
response to a serious matter. We'd have to question the thought process that went into the creation of the ad."
But L6pez has no plans to back down. The ads will soon move from radio to Spanish - language television as Hermandad
continues to compare Davis to the Latino bogeyman, Pete Wilson. "Davis has essentially pursued the same policies that Wilson
established with Prop. 187," says L6pez. "He continues to perpetuate the Wilson agenda in various aspects of legislation. From
the perspective of the immigrant who is a victim, Davis and Wilson are part and parcel."
--a
Section 2L1.2 requires a 16 level increase in offense level if the defendant was previously
deported after a criminal conviction for an "aggravated felony." Under 8 U.S.C. § 1101(a)(43)
(N), the term "aggravated felony" is defined as "an offense described in paragraph (1)(A) or (2)
of § 1324(a) of this title (relating to alien smuggling)" (emphasis added). 8 U S C § 1324(al(1)
(A) describes the offense of illegal transportation of aliens along with several other offenses
related to illegal aliens. Subsection (a)(1)(A) states in its entirety:
(1)(A) Any person who -
(i) knowing that a person is an alien, brings to
or attempts to bring to the United States in any
manner whatsoever such person at a place other
than a designated port of entry or place other
than as designated by the Commissioner,
regardless of whether such alien has received
prior official authorization to come to, enter, or
reside in the United States and regardless of any
future official action which may be taken with
respect to such alien;
—�! (ii) knowing or in reckless disregard of the
fact that an alien has come to, entered, or
remains in the United States in violation of
law transports, or moves or attempts to
transport or move such alien within the United
States by means of transportation or otherwise,
in furtherance of such violation of law;
(iii) knowing or in reckless disregard of the
fact that an alien has come to, entered, or
remains in the United States in violation of
law, conceals, harbors, or shields from
detection, or attempts to conceal, harbor, or
shield from detection, such alien in any place,
including any buildint or any means of
transportation;
(iv) encourages or induces an alien to come to,
enter, or reside in the Untied States, knowing or
in reckless disregard of the fact that such
coming to, entry, or residence is or will be in
violation of law; or
(v)(I) engages in any conspiracy to commit any
of the preceding acts, or
(11) aids or abets the commission of any of the
preceding acts, shall be punished as provided in
subparagraph (B).
7/6/2003
Mayor Steven Bromberg and
Members of the City Council
Newport Beach, California
Dear Mayor Bromberg,
July 8, 2003
Hand - Delivered
In the course of my 50 years in Orange County, I
have always enjoyed and appreciated Newport
Beach.
Before I moved to Leisure World /Laguna Woods, I
was a Newport Beach resident for more than ten
years.
1 think I know a little about Newport Beach and the
people who live here.
No one should be misled into thinking the mean -
spirited blatherings of one malcontent council-
man in any way reflect the spirit of this city.
That he presumes to represent Newport Beach
officially or personally is a sad thing for the
people privileged to live in this community. It is
just as sad for the much larger circle that includes
all of us who care about Newport Beach.
a�tal e a an
19 -C Avenida Sevilla, Laguna Woods, California
League of United Latin American Citizens
A Community Non -Profit Membership Organization - Established 1929
LULAC Orange County District #1
Santa Ana #147 1Placen #a #174 / Stanton #245/ Garden Grove #2001
Orange County #2841 /Anaheim #2848 /Westminster #3017
PO Box 4173
Santa Ana, CA 92702
To: Honorable Mayor and Members of the City Council July 8, 2003
City of Newport Beach, California
Prior to this evening's meeting, I logged on to the city's web -site and was greeted, "Welcome to the City of
Newport Beach."
In return I exclaim, "Thank you, to the residents of this great city, and to those who represent you with
distinction in the city's boards, commissions and committees; as well as this City Council."
For several years as a young lad in my teens, I worked for a popular local restaurant in the vicinity of 171h and
Irvine. I've had the pleasure of meeting many local and distinguished residents such as the "Greeted', Andy
Devine, John Wayne and many others; In the past I have collaborated with council members on regional
community issues. My general impression then and now is that people are respectful of each other, despite
some bad apples in the crate.
Mayor Bromberg and Council members, muchisimas gracias for your responsible response to the detrimental
comments made by Councilman Dick Nichols - over a period of time as it is being revealed. I haven't met
Mr. Nichols; I don't know the gentleman. But because of his comments of ill -will towards a segment of the
Latino community; I certainly get this feeling that he may not want to get too familiar with the Latino
community, much less the 120+ Latinos from the Newport Coast area (recently incorporated into the city).
This is our community as well as your community, nearing 5% of the city's residents.
I am here tonight, denouncing the reckless commentary of an elected official representing the City of Newport
Beach, that Mexicans are essentially not part of the city's community or that visitors to Newport Beach come to
"....rip off the white people in Corona del Mar." Mr. Nichols, it is you that has ripped off the good people of
Newport Beach and Corona del Mar by taking that "crown of the sea" Corona del Mar and turning it into a
"crown of harm" - Corona de Mal.
An apology by you is not only appropriate to the Mexican community, but to all persons of color who have been
clothed under your words of bigotry, and also to the fine residents of Newport Beach - to your constituents.
To the City Council, I ask for one change in the proposed resolution before you. It has been most obvious the
comments by Mr. Nichols were directed to Mexicans who are either residents and /or visitors of your city. It has
been duly noted by City Attorney Robert Burnham, that Mexicans have been the target of his comments. 1
therefore request that as you come to a decision on your actions, that the phrase "people of Hispanic origin" be
changed to accurately reflect Mexicans as those being directly targeted and offended by those remarks.
I would also recommend that the City Council explore the possibility of establishing a Human Relations
Commission or Committee within your organizational advisory structure to assist you, city employees and
residents in fostering positive relations among the various ethnic communities within the city.
Please call upon our organization, the League of United Latin American Citizens ( LULAC) for any assistance that
we may be able to provide. I can be contacted at zekeher rc'unacom or 714 - 835-9585.
Thank You.
Zeke ern ndez
Distr ct Director
LULAC Orange County District #1
C/r �4 `'. :2k0c
Our To
The Orange County Register a
County Line Poll
Today's question:
Have you ever seen an event
at the orange County Per-
forming Arts Center complex?
, ;cT .Sri.
TO RESPOND TO TODAY'S
QUESTION, CALL:
(714) 550-4636. Ext. 7261
(6 a.m. to 6:30 p.m.) or go to
www.ocregistercom
O yr 9 0 P �ri n�ria
Towns
fur i
The Change County Ptegister • Siasdgy; .tune 29, 2008
Yesterday's question:
Should Newport Beach
` Councilman Richard Nichols
'— resign for ring comments
about Mexicans?
7% 93%
�..
Total responses 9
--
County :Ine rs not a scientific
samDlinq M county opinion.
y tt,,
County We Po i /
{tA
Today's qae
Did the windstorm Sunday•
night seem like the strongest
Santa Ana winds in memory?
TO RESPOND TO TODAY'S
QUESTION, CALL:
(714) 550 -4636, Ext. 7261
(6 a.m. to 6:30 p.m.) or go to
Yesterday's questiorc
Should all undocumented
workers 16 years and older
be allowed to obtain a
driver's license?
•'.ti 98%
�arsl re;'wrrses: I n80
�� -v -a ,uentihc
County Line_ PON'
Today's question:
'Pirates of the Caribbean" opens
Ju:, 9. Do you plan to see it dur-
ing that first weekend?
TO RESPOND TO TODAY'S
QUESTION, CALL:
(714) 550 -4636, Ext. 7261
(6 a.m. to 6:30 p.m.) or go to
www.ocregister.com
Yesterday's guestforn I
Should local law enforcement use
Mexican-issued cards
to identify nationals?
.sra +}rte: "ri
3% 97%
Total responses: 516
• umy lme �s :mi a sc!anhhc
aamprnq cif nocnl7 npininn. s
F I Crn oVI
Good Evening r
is Barbara Coe and I'm here
comments by Councilman Richard Nichols.
regarding the
REMINDER #t references the FIRST AMENDMENT of our Constitution. It is known by LAW -ABIDING
Americans as our, FREEDOM of SPEECH. Your vicious attack on Mr. Nichlos for -not only Lx
oressinQ his
opinion, but also a STATEMENT OF FACT, clearly violates his First Amendment right.
We wonder if your eagerness to condemn him is motivated by FEAR of ILLEGAL ALIEN champions
such as_Nadvo Lopez Amin David Steven Figueroa and others who represent CRIMINALS rather than U.S.
Citizens. We also wonder about your.distress at the use of the word "MEXICANS" as we wish to share your
position with ouir own respective City Councils. Although some of the people referenced by Mr. Nichols might
be from other, Latin America countries, were the situation reversed, would YOU object to being referenced as
AMERICANS?
We think not and again remind You that our First Amendment rights apply to all persons LEGALLY
under thejurisdiction of the U.S. Constitution including some of Mr. Lopez, Mr. David and Mr. Figueroa's
constitutents such as:
o Brown Beret AUGUSTIN CEBADA who stated (and I quote), "You old White people, it's your duty to die" and
referred to us as "SKUNKS ...... OR..
o College Professor JOSE GUTIERREZ who stated (and again I quote), "We have an aging White America
They are in .
ff They are shittin in their pants with ear. I love it "I......OR..
o Democratic Party Chairman, ART TORRES who publicly stated, "Prop 187 is the last gasp of White America
in California!"
These truly RACIST taped -live statement are all in the booklet and audio I provided
you and do NOT even include the on-going barrage of FALSE accusations against me personally such as
"racist ", "blue eyed devil ", "puta" (which means WHORE in Spanish) and many others. However, there has
NEVER been any legal action against THESE people as t• hey have the SAME right to express THEIR opinion as
does Mr. Nichols.
Please bear that in mind as I come to REMINDER #2. The LAST time a City REFUSED to uphold the
Constitutional rights of law- abiding citizens, there was a LAWSUIT tiled with a very prestigious law firm
AGAINST that City. I would hope that you take that fact into SERIOUS consideration BEFORE pursuing any
further legal action against Councilman Nichols.
/-r 77&Zf
'Mexiformai. a�
Is a Tragedy
in the Making
By VICTOR DAMS HANSON
My hometown of
Selma — like
most other com-
munities in rural
Central Califor-
nia — used to be a stable munici-
pality. Immigrants from Europe,
Japan, China, Armenia, the Pun-
jab and Mexico flocked here to
farm and prospered from their
hard work, acumen and the
natural bounty of the San Joa-
quin Valley. They came in one-
time waves, under legal auspices
and, within one or two genera-
tions, emerged as assimilated
English - speaking citizens.
By 1970, Selma was a rich,.
multiracial :society bound to-
gether by`a cohesive and com-
mon culture..
That dream is now'
:slipping
away. Here in Central California,
we have de facto 'apartheid
towns made up almost- exclu-
sively of .Mexican immigrants..;
Many are illegal residents who
do not speak English and cannot
and do not participate in the.
civic life of the state — voting,
community service organiza-
tions and jury duty.
There :are. manifest signs- of-
social turmoll; -the wages of.fl-
legality. Police squad cars have
chased down: our driveway after
an illegal immigrant suspected.
of running a methamphetamine
lab. Rare species on the farm —
great -horned owls, kit foxes, red -
tailed hawks - have been shot
and left to rot, sport for members
of, local Latino gangs, by the
sheriff's - :reckoning. After my
families spent :.five generations
on the same land, I am no longer,,..
sure our children can orshotild,"
live on what now seems like a
wide -open frontier.
If the old way of measured
and legal immigration; coupled
with assimflationist policies, led .
to a melting pot, today's open
borders and the force-multiply-
ing effect of a multicultural
agenda have led to segregation
in the schools and an alternate
legal universe designed to ac-
commodate the foreign culture
ofthousands.
Indeed,_ our exasperated and
bankrupt state seeks to provide
illegal residents with tuition dis
counts in preference to out- of = "1_
state American citizens, special j
driver's licenses, bilingual gov-
emment services and other Brea- `
tive exemptions in lieu of simply
stemming the illegal tide and re -.
lying on the old method of turn
ing foreigners into Americans.
We're not supposed to talk..
about all this; but we are sorely
in need of an honest national dis-
cussion. The left in the universi-
ties, politics and the media
seems to find advantage m pro-
moting an unassimilated — and
exploding — constituency that
requires leadership.
Some on the more extreme!.
fringe see the changing nature of
California as poetic justice of
sorts, as the state reverts back to
its purportedly Mexican (or, is it
,Spanish or Native American ?)
roots. The Chicano ideology of
La Raza. ( "the Race ") goes fur-
ther, envisioning an entirely new
culture of Latinos, not wholly
American or Mexican. Of course,
in private such chauvinists say
they hope that this emerging
Mexifornia will resemble. Sari Di-
ego rather than Tijuana.
The right is equally culpable.
Employers in agribusiness, con-
struction; hotels, restaurants
and manufacturing welcome
cheap labor. , They complain that
our own citizens .find collecting,,
entitlements more lucrative,
"work" than the backbreaking'
labor offered to illegal immi-
grants. The latter, they assure,
us, are blessed to find life here far.
better than in Mexico..
Perhaps. But those who rely,
on illegal labor rarely confess
that there is a tragic cycle to
their trafficking in human capi-
tal.
Too many teenagers from Oa-
xaca end up old 'before their
time, exhausted and disabled of --
ter 30 years of pickingfruit or lay+
ing concrete. Without education
and legal status, they often must
turn to the state for relief. Their
children — four of 10 Latinos
don't graduate from high school,
fewer than 10% have bachelor's
degrees, according to U.S. cen -'!
sus - figures — do not always
agree: that the U.S. was go kind to -'
their ^parents In response, em,.'
ployers complain that the ehil
drerrof illegal immigrants don't,
work as hard as their parents
and thus it is crucial to allow,
more illegals north.
And so the cycle continues.
The California electorate, of
all ethnic backgrounds, is fed up,
with the current fiasco, even If
it's,not talked about in polite
conversation: People are fearful.
ofbefnglabeled racist or perhaps
"nativist' or "protectionist."
,But,; while their legislators
yield t0'special interest groups of
busiuessraen and racial activ-
ist -
s,`Calffahrians show their true'
sentiments from time to time by
goilt4g into the ballot booth to
vote overwhelmingly and in se-
,pret to end entitlements to illegal
i ih>^aftt's, bilingual education,
and'af rmative action.
What is wrong with all thus?
Plenty. .
It isn't healthy for a citizenry
to feel one thing and then say, an-
other — nursing frustrations in
' private thatone day will explode ,
when tapped by demagogues of
both right and left. '
1 Unemployment levels in Cali
forma remain high,: and we will
never unionize or improve the lot
of entry -level and unskilled
- workers as long as management
can count on a reliable alternate I
supply of hard-working
Finally, tolerating an entire
class, marked by '.illegality
stretches the Social fabric thin.
The irony of all this is that we
need not embrace new, deleteri
ousideologies like La Raza stud -
ies, bilingual education, am-
. nesty, open borders or new
categories of quasi - legality to
deal with the problem.
In the past, measured and le-
gal immigration — coupled with
assimilation, the power of popu-
lar culture, intermarriage and
the emphasis on a common,
multiracial culture rather than
- separate multicultural identities
— usually ensured that all new-
comers were indistinguishable
from others within two genera-
tions.
We may now find that time -
honored solution hurtful or Sim-
plistic, but it reflected a confi-
dence in American culture —
and the reality that immigrants
from Mexico and elsewhere had
-voted with their feet to come
here rather than us there.
Victor Davis Hanson, a fellow at
the Hoover Institute and a clas-
sics professor at Cal State
Fresno, is author of "Mexifornia.
A State of Becoming" (Encoun-
ter, 2003).
...Nichols, asked his opinion about proposed improvements for Corona
del Mar State Beach, said he opposed expanding the park's grassy area
because "with grass we usually get Mexicans coming in there early in the
morning and they claim it as theirs and it becomes their personal, private
grounds all day." -
Source: Allison, Stanley. "Nichols Urged Again to Leave City Council."
25 June 2003. <http: / /www.latimes .com/news /locaUorange /la -me-
newport25j un25,0,6628565.story?coll =la- editions- orange>
111111N 111pe" Reach/A11-18C19 Ficill
When: Saturday, July 12, 2003 loam
Where: Corona del Mar State Beach. in the "arassv area" by
Lifeguard Lookout #4. Directions: Take Pacific Coast Hwy south,
then make a right on Marguerite, a right on Ocean Blvd., and left
into the Main Beach parking lot (or hunt down parking in the
surrounding residential area).
Why: There is a climate of racism in Newport Beach that needs to be addressed, as was
demonstrated by recent racist remarks made by Councilman Richard Nichols. This picnic was
organized as a symbolic gesture of protest against racism, and as a celebration of diversity. Let's
reclaim it as our "personal, private grounds" that day!
All Mexicans, people of color, and everyone that hates racism are welcome to attend.
BRING FOOD (potluck style), drinks, musical instruments, banners, blankets, your friends,
family, co- workers, and anyone else who may enjoy a peaceful day at the beach. This event is
FREE.
For more information, e -mail cyber_industrian @yahoo.com
"I thought segregation ended thirty years ago."
YOU GAN
KILL A
REOLUTIONAR'r
BoT ICON -a&