Draft:Hmong Veterans' Service Recognition Act
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The Hmong Veterans' Service Recognition Act was passed into law in 2018. It represents long overdue recognition of sacrifices that were made by Hmong veterans in the Vietnam War, where they could be putting their lives at risk along with their families. The Hmong people served and helped the United States in covert operations, which would later become known as the "Secret War" in Laos. Although the Act granted dignity in death to these veterans with in-ground burials in US national cemeteries, this also represents the very long struggle for recognition of so many ethnic and immigrant communities that lost their lives with American forces.
Historical Background
[edit]The Hmong are an ethnic group native to the mountainous parts of Southeast Asia. For such a small culture, the Hmong have a very unique and complicated history, especially concerning their role in the Vietnam War. In the 1960s, the United States actively recruited Hmong fighters for an undercover operation in Laos, later termed the "Secret War," headed by the Central Intelligence Agency. These soldiers were very instrumental in the operation in that they disrupted the Ho Chi Minh Trail, through which the North Vietnamese obtained most of their supplies from Laos. Special guerilla units conducted hazardous missions, including the rescue of downed American pilots and intelligence about enemy troop deployments. Historian Timothy N. Castle describes the Hmong role as "central to the U.S. strategic objectives in Laos" and states that they "disproportionately sacrificed for the U.S. cause."[1] Under the leadership of General Vang Pao, the officer leading the Hmong military, the Hmong fought heroically alongside U.S. forces, taking enormous personal risks. Tens of thousands of Hmong were killed in battle or due to displacement, and many families were traumatized or persecuted through their collaboration with American troops.
When the U.S. withdrew from Southeast Asia in 1975, Hmong fighters and their families faced severe repercussions from the new Laotian government and the Vietnamese government. The governments were hunting the Hmong. Many Hmong people were killed, and the Loas and Vietnamese governments captured some. The captured Hmongs were placed into concentration camps and made into enslaved people for manual labor jobs. The governments burned down Hmong villages with the use of napalm. These things lead to a large number of Hmong refugees. Leaving Laos was the way to stay safe away from the Loas and Vietnamese government hunting them down. The Hmong had to cross the Mekong River to get into Thailand. In Thailand, they set up refugee camps before eventually resettling in the United States. The earliest immigrants to the U.S. were General Vang Pao's military generals and higher-ups in the army.[2]Eventually, more and more Hmong people were sponsored by churches and resettled to families, allowing them to immigrate to the U.S. Upon resettling in the U.S.,[3] these Hmong veterans and their families confronted significant challenges. They faced the complexities of adapting to a new culture and the absence of official recognition for their military contributions. Although the Hmong Veterans' Naturalization Act of 2000 assisted many in becoming citizens, the lack of veteran benefits, especially in burial rights-remained a source of aggravation and sorrow for many families. The Hmong Veterans' Service Recognition Act was introduced to finally recognize those sacrifices so that federal officials and the public would never forget the loyalty and bravery of the Hmong veterans.
Provisions of the Act
[edit]That recognition for Hmong and veterans came after a long period of time characterized by various setbacks on the part of the government and tireless efforts on the parts of veterans' groups, lawmakers, and Hmong-American communities. Perhaps the most significant event was the passing of the Hmong Veterans' Naturalization Act of 2000, which gave them an expedited naturalization process available to Hmong and veterans who served with U.S. forces in Laos during the Vietnam War. The law permitted Hmong veterans to gain U.S. citizenship even though they were born outside of the U.S. It did not go so far as to provide full veteran benefits or even burial rights in national cemeteries.[4] For nearly two decades, advocates continued to push for additional recognition, arguing that Hmong veterans had shown the same bravery and loyalty as American soldiers and deserved equal treatment. Many saw it this way because they fought side to side in the Vietnam War. Congressman Jim Costa and other legislators took up this cause in Congress. They continued introducing bills to secure national cemetery burial rights for Hmong and veterans. Costa showed the critical nature these veterans played in U.S. military operations most often referencing personal accounts of bravery and sacrifice as a means of showing support for a cause. Veterans groups, including the Lao Veterans of America and the Hmong American Center, actively lobbied Congress to take up what the veterans saw as a matter of honor owed to the Hmong people. These groups showed, on the one hand, support from the Hmong-American community and, on the other, a range of other veteran groups, which put a spotlight on the history of injustices against these veterans and framed their struggle as one of dignity and respect. In fact, for most advocates, the issue was securing benefits and making sure that Congress and all other government officials took cognizance of the Hmong contributions to U.S. history. After years of stalled-out bills and deferred actions from Congress, the Hmong Veterans' Service Recognition Act was finally passed, included in the Consolidated Appropriations Act of 2018, and signed into law. That act bestowed burial rights in national cemeteries upon eligible Hmong and Lao veterans and thus a symbolic place of honor alongside U.S. soldiers. The passage of the Act represented a victory not only for the Hmong veterans and their families but also for a greater immigrant and minority community who want full recognition of the sacrifices and contributions they give to the United States.[5]
Limitations and Criticism
[edit]The Hmong Veterans' Service Recognition Act, enacted as part of the Consolidated Appropriations Act of 2018, provides specific burial rights in national cemeteries to eligible Hmong and Lao veterans. These veterans naturalized, under the Hmong Veterans' Naturalization Act of 2000, provided they lived in the U.S. at their death. The Act further provides the eligibility of those who served with special guerilla units or irregular forces operating from bases in Laos in support of the United States. Armed Forces during the Secret War between February 28, 1961, and May 7, 1975.[6] Equally, this covers the era when the Central Intelligence Agency was involved in the "Secret War" operation in Laos. Lastly, the qualified veterans needed to be U.S. citizens or lawful permanent residents and are required to have resided in the U.S. at the time of their passing. The Act did grant burial rights, but not full veterans' benefits, including burial flags, headstones, or burial expense allowances normally accorded to U.S. veterans. They allow the Hmong veterans to be buried in national cemeteries, for example, but are not accorded all of the honors that are typically given to American veterans. These include the burial expense reimbursements, which would help US service member families with some of the expenses, and the privileges afforded to military funerals, including the folding and presenting of the American flag. While the Act itself is small in scope, it does allow these veterans to be interred in national cemeteries-a privilege that serves to testify to their contributions and sacrifices.
While it does permit burial rights, it is still short of giving full veteran honors and benefits. Critics say the Act represents a step in the right direction but does not acknowledge the depth of sacrifices by the Hmong during the Vietnam War. They note that denying specific burial benefits, such as military funeral honors and financial assistance to defray burial costs, reduces recognition that these veterans are entitled to. For many advocates and descendants, these omissions represent a missed opportunity for full and equal recognition of Hmong and Lao veterans. For some veterans and their families, this recognition is too little and too late because many who would have benefited from the Act have already died. For many in the Hmong community, this act of late-in-the-game recognition is representative of a larger history of marginalization and a total lack of government support for those who served. Critics have pointed out significant limitations in what is referred to as the Hmong Veterans' Service Recognition Act. While the Act grants in-ground burial rights in national cemeteries, it does not extend full veterans' benefits, which include things like military funeral honors, official headstones, or burial expense allowances. Most symbolic and a point of contention has been the lack of military funeral honors, to include presentation of the U.S. flag and the graveside ceremony. Supporters say the restrictions minimize the recognition of what Hmong veterans have earned through their critical role in the Vietnam War. Another concern is eligibility. Only those Hmong veterans naturalized under the Hmong Veterans' Naturalization Act of 2000,[6]or at the time of death having United States citizenship or residency, are entitled to burial rights. An estimated several thousand of those who served during the Secret War, especially those who happened to have difficulties in securing U.S. citizenship, remain exempt. The majority have died over the years and will never benefit from this Act of Congress, evidence of just how long it has taken to acknowledge the sacrifices made. The Congressional Research Service and LinkVet, however, contend that such exclusion diminishes the credit the Hmong soldiers deserve for service invaluable to the Vietnam War. Others say the Act fails to provide remedies for the more far-reaching social and economic problems the Hmong-American communities have encountered since their arrival in the United States. According to sociologist Chia Youyee Vang, these shortfalls in the Hmong community partly stem from the general scarcity of resources and recognition. It is this very limitation of the Act that foregrounds the need for additional steps to be taken in genuinely honoring these soldiers and treating the long-lasting effects of war and displacement on their families.[7]
Legacy
[edit]While it does permit burial rights, it is still short of giving full veteran honors and benefits. Critics say the Act represents a step in the right direction but does not acknowledge the depth of sacrifices by the Hmong during the Vietnam War. They note that denying specific burial benefits, such as military funeral honors and financial assistance to defray burial costs, reduces recognition that these veterans are entitled to. For many advocates and descendants, these omissions represent a missed opportunity for full and equal recognition of Hmong and Lao veterans. For some veterans and their families, this recognition is too little and too late because many who would have benefited from the Act have already died. For many in the Hmong community, this act of late-in-the-game recognition is representative of a larger history of marginalization and a total lack of government support for those who served.
Conclusion
[edit]The Hmong Veterans' Service Recognition Act represents long-overdue recognition of the sacrifices that Hmong and Lao veterans made to support the United States during the Vietnam War. In so doing, it makes a symbolic yet meaningful gesture of respect by offering burial rights in national cemeteries. It authorizes the rendering of the same honors accorded to U.S. service members to these veterans. However, the limitations of the Act-particularly no full veterans' benefits-serves to underscore the complex battles immigrant and minority veterans have had to bear in gaining due respect for their service. While partial closure has been allowed through the Act to the Hmong community, at the same time it underscores the unfinished work that must remain in place for more comprehensive support and acknowledgment of immigrant communities that serve and have served alongside U.S. forces. To the Hmong-Americans, this is victory and a reminder for resiliency to get recognition. Hopefully, this Act will pave the way for further efforts to honor and support veterans from all walks of life who sacrificed in service to the United States.
References
[edit]- ^ Ireson, Randall (August 1994). "At War in the Shadow of Vietnam: U.S. Military Aid to the Royal Lao Government, 1955–1975. By Timothy J. Castle. New York: Columbia University Press, 1993. xvii, 210 pp. $47.50". The Journal of Asian Studies. 53 (3): 988–989. doi:10.2307/2059800. ISSN 0021-9118. JSTOR 2059800.
- ^ Yau, Jennifer. "The Foreign-Born Hmong in the United States".
- ^ "Hmong History – Hmong American Center". Retrieved 2024-11-09.
- ^ "17th Philippines Congress - House Bill No. 1 on the Death Penalty". Human Rights Documents Online. doi:10.1163/2210-7975_hrd-9902-2016031. Retrieved 2024-11-09.
- ^ "Introduction", We Gotta Get Out of This Place, University of Massachusetts Press, pp. 1–19, 2016-01-06, doi:10.2307/j.ctt1cx3srf.4, retrieved 2024-11-09
- ^ a b "The Refugee Soldier", History on the Run, Duke University Press, pp. 93–115, 2021-01-22, doi:10.1215/9781478012849-004, ISBN 978-1-4780-1284-9, retrieved 2024-11-09
- ^ Lee, Shelley S. (June 2012). "Chia Youyee Vang . Hmong America: Reconstructing Community in Diaspora . (The Asian American Experience.) Urbana and Chicago: University of Illinois Press. 2010. Pp. xxii, 200. Cloth $75.00, paper $25.00". The American Historical Review. 117 (3): 896–897. doi:10.1086/ahr.117.3.896. ISSN 0002-8762.