U.S. English, Inc., Supports Judge's Decision to Use English Classes as an Alternative to Typical Sentences

Wilson County [Tenn.] Judge Barry Tatum has recently come under fire for ordering limited English proficient misdemeanor defendants to attend English classes instead of doling out criminal sentences such as fines and community service. Last month, Tatum, who presides in a county where 99.51 percent of the population speaks English proficiently, ordered an immigrant mother who failed to immunize her child to take English classes.

Below are the comments of U.S. English Chairman Mauro E. Mujica, as well as examples of prior cases where defendants were ordered to attend English classes.

"We wholeheartedly support Judge Tatum's decision to use English instruction as a remedy. Our judiciary has a long history of using creative and well-tailored judicial orders to help in the rehabilitation process. When it comes to small offenses, there is little point to sentencing a limited English proficient person to community service s/he won't understand or fining an amount s/he can't afford. Justice will be far better served by personal improvement rather than pure punishment.

"For immigrants caught up in minor infractions, the most positive remedy would be to improve their chances for success through learning English. No other remedy can match the gains that will be made through the ability to speak our common language."

This case is not the first time a judge has taken the forward-thinking step of offering English learning as an alternative to prison:

• In 2001, a Davidson County, Tenn., judge began offering the option of requiring first-time offenders for unlicensed driving to 16 hours of English classes rather than 16 hours of community service. The idea was originally suggested by the court translator, Louis Bustillos.
• In 2000, a Wake County, N.C., judge sent certain defendants charged with low-level offenses to English classes instead of jail. The first person to be given the creative remedy later came back before the judge to say "Thank you very, very much for letting me go to class."
• In 1982, a Texas district judge sentenced a 19-year old burglar to three years of probation, with the condition that the youth attend English classes. The defendant, a U.S. citizen who had attended Texas schools, was allowed to take English classes at night so that he could keep his day job.
• In 1980, a Massachusetts District Court judge ordered a Hispanic woman to take English classes as an alternative to two years in prison or a $600 fine for welfare fraud. Under the order, if the immigrant from Puerto Rico attended classes and returned the extra money to the state, the case would be closed.
• In 1962, a New York City judge began sentencing limited English proficient defendants to attend English classes. Judge Charles Marks told the New York Times, "I am convinced that one of the reasons these men commit crimes is the handicap of the language barrier. It prevents them from getting work, from getting licenses to drive cars and from their improving their lot in life."

"Offering English classes as a substitute for less meaningful punishment is a win-win situation that everyone should support," said Mujica. "The idea that some would oppose English classes as an alternative to prison shows just how far some extremists will go in dividing the nation.

"Those who argue against the importance of learning English are imposing a life sentence on immigrants — a life without opportunity."

## U.S. English, Inc. is the nation's oldest and largest non-partisan citizens' action group dedicated to preserving the unifying role of the English language in the United States. Founded in 1983 by the late Sen. S.I. Hayakawa of California, U.S. English, Inc. (www.usenglish.org) now has more than 1.8 million members.