Thread: Arizona candidate appeals English ability court decision

Arizona candidate appeals English ability court decision

Reuters

By David Schwartz – Fri Jan 27, 10:50 pm ET

PHOENIX (Reuters) – A woman barred from seeking elected office in an Arizona border town by a judge who ruled she did not have a sufficient grasp of English has decided to fight the controversial ruling, and filed an appeal on Friday, her lawyer said.

A Yuma County judge disqualified Alejandrina Cabrera, a U.S. citizen born in Yuma, from running for a seat on the city council in the town of San Luis this week for what he called a "large gap" between her English proficiency and that required to serve on the council.

"It was clear to the court that she was stymied by many questions, did not understand many questions, failed to comprehend what was being asked, and guessed at answers," the court ruling said.

The judge, in a move that sparked a debate over language in often bilingual U.S.-Mexican border communities, said Cabrera's English was not of the level needed to carry out the professional duties required of a representative of the public.

A notice of appeal was filed with the court late on Friday afternoon, according to Brandon Kinsey, one of Cabrera's attorneys.

Kinsey said the vast majority of his own conversations with Cabrera have been conducted in English and that she meets the baseline requirement for reading, writing, and speaking in the language.

"Whether or not she is the best candidate is a decision left up to the voters," he said. "It should not be left up to a judge."

Immigrant rights activists said the initial court decision misunderstood a community that spans both sides of the U.S.-Mexican border. The San Luis on the U.S. side is a town of roughly 25,000 people 200 miles southwest of Phoenix.

Immediately across the border, is another San Luis, population roughly 175,000. The two municipalities are considered by many residents as one and the same community.

"A lot of those people from San Luis have family members on the other side, go shopping on the other side, go out at night on the other side," said Luis Avila, president of the Arizona-based immigrant rights coalition Somos America.

"This is how people live in the border area," he added.

Supporters of the judge's decision said there were certain basic requirements set in law to be eligible for elected office, including a clear requirement for English proficiency.

"We favor English as the official language for government,"

said Robert Vandervoort, executive director of advocacy group ProEnglish.

"We realize America is a melting pot," he said, "But in terms of how we communicate through government, we believe it should be in English."

Both English and Spanish are spoken during city council meetings in San Luis, Kinsey said.

Supporters of Cabrera complain that public servants have increasingly come under scrutiny for heavy accents or an incomplete command of the English language in Yuma County and throughout the state.

"People feel afraid of the browning of the state of Arizona," said Avila, himself an immigrant from Mexico. "Immigrant bashing has become a political point."

Arizona Candidate Challenged Over English Skills

RELATED

Arizona Candidate Struck From Ballot Over English Skills

• by Jessica Pieklo
• January 27, 2012

Late Wednesday night a Yuma County Superior Court Judge ruled that Alejandrina Cabrera, candidate for the city council the the border community of San Luis, Arizona should be removed from the ballot because she did not speak English proficiently.

The ruling came after the San Luis City Council approved a motion on Jan. 13 asking for verification that Cabrera meets the requirements of a state law that any person holding office in the state, county or city must speak, write and read English.

The ruling has sparked controversy over what “proficient” means, especially for border communities and residents like San Luis and Cabrera.


As part of the removal process Cabrera had to be evaluated by linguists. In this case, the linguist, William G. Eggington, a professor at Brigham Young University in Utah testified that based on his interviews and tests Cabrera had “basic survival level” English. The judge concluded this was enough to warrant removal from the ballot since those skills likely fell below what is needed to participate in city business.


Cabrera and her lawyers are considering an appeal of the decision.


What do you think? Should states have English-proficiency requirements for elected leaders?

Source: : Arizona Candidate Struck From Ballot Over English Skills | Care2 Causes

They asked her a question:
"Where did you go to high school?"
She did NOT understand the question and could not answer the question despite being asked the same question three times.

Hello
what the hell part don't you Understand this is america No other country if you don't like our way well then get the hell out
this is our way we don't go over to your country & say we don't like this & we don't like that
no way in hell so who the hell are you to come over to the USA . & say what you want
it don't work that way any more as you illegal immigrants can see we are sick of it
& Obama is not going to win this time . so pack your bag & don't for get your friend obama
why we sure in hell don't want him
No amnesty or dream act

"It was clear to the court that she was stymied by many questions, did not understand many questions, failed to comprehend what was being asked, and guessed at answers," the court ruling said.

This is AMERICA, if you can't comprehend English how exactly will you represent the ENGLISH speaking people in your district? Oh, silly me! AMERICANS don't count only the Hispanics...

"People feel afraid of the browning of the state of Arizona," said Avila, himself an immigrant from Mexico. "Immigrant bashing has become a political point."

Where are the screams of racism???? It doesn't get any more racist than this...

The problem is there is such a level of arrogance and such a defiance over acclimating to our country. Why SHOULD they speak and understand English? If they don't speak and/or understand English, WE are the racists for not catering to them.

Here in Maryland, the issue of the DREAM Act is always in the papers. I recall one article where an illegal alien high school student was complaining about how "unfair" it was that he can't afford standard college tuition rates. Blah, blah, blah, and on went the article. At the end of the article, it was "noted" that his interview was done in Spanish, and translated by an interpreter. HUH??????? He complained that he has "been in America" for TWELVE years, he is demanding that he receives in-state tuition rates, yet he needs to conduct an interview in SPANISH?????

This is the arrogance I speak of.