REFERENCE TITLE: language barriers; indigenous populations

State of Arizona

Senate

Fifty-fifth Legislature

Second Regular Session

2022

SCM 1006

Introduced by

Senator Gonzales

A CONCURRENT MEMORIAL

urging the united states congress to implement steps to ensure due process rights for indigenous-language-speaking immigrants in the united states.

(TEXT OF BILL BEGINS ON NEXT PAGE)

To the Congress of the United States of America:

Your memorialist respectfully represents:

Whereas, the Indigenous Languages Office, an independent office located in the Casa Alitas Immigrant Welcome Center in Tucson, Arizona, is the only office serving the 22 indigenous Maya languages from Guatemala and several indigenous languages from Mexico spoken by immigrants along the entire United States-Mexico border; and

Whereas, indigenous peoples remain a highly vulnerable population among all immigrants on both sides of the border as described in the 2014 human rights report, Deprivation, not Deterrence, which demonstrated that indigenous peoples in the Arizona border region were exploited and abused by federal agents in higher numbers during border crises than other immigrants; and

Whereas, the 2015 report Exclusion of Indigenous Language Speaking Immigrants in the US immigration System demonstrates that systemic discrimination against the identity and languages of indigenous peoples from Mesoamerica within the agencies of the United States Department of Homeland Security is ongoing and denies them due process in short and long-term detention; and

Whereas, the identity of indigenous peoples is not recognized at the United States-Mexico border or throughout the United States immigration system, leading to the violation of due process rights as indigenous migrants cannot communicate their reasons for fleeing nor their basic or urgent medical needs in Spanish or English; and

Whereas, social and linguistic discrimination continues within the United States Department of Health and Human Services against separated and unaccompanied children in children's shelters; and

Whereas, linguistic discrimination by the United States Department of Justice in federal immigration and racial and linguistic discrimination in federal criminal courts is a daily occurrence due to under-resourced interpretation services, which leads to longer incarceration periods for indigenous language speakers; and

Whereas, the independently prepared report by the International Mayan League and the Indigenous Alliance without Borders, Indigenous Peoples’ Rights to Exist, Self Determination, Language, and Due Process in Migration, submitted to the United Nations Human Rights Council as it conducts its mandated universal periodic review of United States policy and human rights in May 2020, documents grave violations of articles of the United Nations Declaration on the Rights of Indigenous Peoples; and

Whereas, since December 2017, at least five Maya children and one young Maya woman have died at the United States-Mexico border under United States custody or were killed by federal officials. Claudia Patricia Gómez González (Maya Mam Nation, 20 years old) was shot in the head by a United States Customs and Border Patrol (CBP) agent in Texas on May 23, 2018, after crossing the border. Jakelin Caal Maquin (Maya Q’eqchi’ Nation, 7 years old) died of a bacterial infection on December 8, 2018. Felipe Gómez Alonzo (Maya Chuj Nation, 8 years old) died on Christmas Eve 2018 of flu complications. Juan de León Gutiérrez (Maya Ch'orti' Nation, 16 years old) died on April 30, 2019 from a brain infection caused by an untreated sinus infection.  Wilmer Josue Ramirez Vasquez (Maya Ch'orti' Nation, 2½ years old) died of pneumonia on May 16, 2019. Carlos Gregorio Hernández Vásquez (Maya Achi Nation, 16 years old) died on May 20, 2019 after an influenza A diagnosis; and

Whereas, the CBP agent who shot Claudia Patricia on May 23, 2018 has not been publicly identified by authorities, and the only witnesses have been deported back to Guatemala — an outrageous failure of the United States government to prosecute those responsible; and

Whereas, collaborative research demonstrates that the denial of due process for thousands of indigenous immigrants and indigenous deaths under medical duress are both related and largely preventable violations.

Wherefore your memorialist, the Senate of the State of Arizona, the House of Representatives concurring, prays:

1. That the United States Congress investigate this discrimination and lawlessness against indigenous peoples and hold public hearings and receive testimony related to the failure of federal agencies to conduct a systemic language assessment of languages spoken by populations with limited English proficiency when they come into first contact with border protection agencies and throughout their involvement in immigration proceedings.

2. That the United States Congress implement a plan to provide language services for these assessed language needs.

3. That the United States Congress implement a border-located monitoring system to ensure changes in interpretation needs of indigenous language speaking immigrants are met.

4. That the United States Congress establish an independent commission with appropriate funding to ensure permanent citizen and congressional oversight of these language services to address the needs and rights of the thousands of unserved indigenous-language-speaking immigrants in the United States.  

5. That the Secretary of State of the State of Arizona transmit copies of this Memorial to the President of the United States Senate, the Speaker of the United States House of Representatives and each Member of Congress from the State of Arizona.