Draft:The Hmong Veterans' Service Recognition Act

Introduction The Hmong Veterans' Service Recognition Act was passed in 2018. It represents a long-overdue acknowledgment of the contributions made by Hmong veterans during the Vietnam War. These individuals were risking their lives and the lives of their families. The Hmong people served in secret guerilla forces and assisted the United States in covert operations that would become known as the “Secret War” in Laos. While this Act has allowed these veterans the dignity of burial in U.S. national cemeteries, it also highlights the prolonged struggle for recognition faced by many ethnic and immigrant communities who sacrificed their lives alongside American forces. This essay will give insight into the history of the Hmong people, the historical context of the Hmong’s involvement in the war, the legislative journey leading to the Act’s passing, some shortcomings of the act, and its cultural and symbolic significance for today's Hmong community.

Historical Background The Hmong people, an ethnic group native to the mountainous regions of Southeast Asia, have a unique and complex history, particularly regarding their role in the Vietnam War. In the 1960s, the United States recruited Hmong fighters for a covert operation in Laos, later called the “Secret War,” led by the Central Intelligence Agency. During this operation, Hmong soldiers played a critical role in combating North Vietnamese forces by disrupting the Ho Chi Minh Trail—a key supply route for North Vietnam running through Laos. These special guerilla units carried out dangerous missions, such as rescuing downed American pilots and collecting intelligence on enemy positions. Historian Timothy N. Castle describes the Hmong’s role as essential to U.S. strategic objectives in Laos, noting that they "sacrificed disproportionately for the U.S. cause" (Castle, At War in the Shadow of Vietnam). Under the leadership of General Vang Pao, known as the Hmong military officer. Hmong soldiers fought bravely alongside U.S. forces, taking on immense personal risk. It is estimated that tens of thousands of Hmong lives were lost in combat or to displacement, and many families experienced trauma and persecution as a result of their collaboration with American forces.

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. 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., 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 helped many obtain citizenship, the absence of veteran benefits, particularly burial rights, continued to be a point of contention and sadness for many Hmong families. The Hmong Veterans' Service Recognition Act was introduced to finally honor these sacrifices, ensuring that government officials and the general public would not forget the loyalty and courage of Hmong veterans.

Path To Recognition The journey to secure recognition for Hmong and veterans was a prolonged effort marked by numerous governmental setbacks and the tireless advocacy of veterans’ groups, lawmakers, and Hmong-American communities. One significant step was the passing of the Hmong Veterans' Naturalization Act of 2000, which provided an expedited naturalization process for Hmong and veterans who served with U.S. forces in Laos during the Vietnam War. This law allowed Hmong veterans to become U.S. citizens even though they were born outside the U.S. It fell short of offering full veteran benefits or burial rights in national cemeteries. 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. Congressman Costa emphasized these veterans' critical role in U.S. military operations, often highlighting personal accounts of their bravery and sacrifice to show support for the cause.

Veteran organizations, such as the Lao Veterans of America and the Hmong American Center, actively urged Congress to address what the veterans viewed as a debt of honor owed to the Hmong people. These organizations rallied support from both the Hmong-American community and various veteran groups, drawing attention to the historical injustices faced by these veterans and framing their struggle as a matter of dignity and respect. For many advocates, the issue was securing benefits and ensuring that Congress and other government officials formally acknowledged the Hmong contributions to U.S. history were officially recognized. After years of stalled out bills and deferred actions from Congress, the Hmong Veterans' Service Recognition Act was finally incorporated into the Consolidated Appropriations Act of 2018 and signed into law. This Act provided burial rights in national cemeteries for eligible Hmong and Lao veterans, granting them a symbolic place of honor alongside U.S. soldiers. The passage of the Act represented a victory not only for Hmong veterans and their families but also for the broader immigrant and minority communities advocating for recognition of their sacrifices and contributions to the United States.

Provisions of the Act The Hmong Veterans' Service Recognition Act, which was passed as part of the Consolidated Appropriations Act of 2018, grants specific burial rights in national cemeteries to eligible Hmong and Lao veterans. These veterans were naturalized under the Hmong Veterans' Naturalization Act of 2000, provided they resided in the U.S. at their death. Furthermore, the Act specifies eligibility for veterans who served with special guerilla units or irregular forces operating from bases in Laos in support of the U.S. Armed Forces during the Secret War between February 28, 1961, and May 7, 1975. This particular timeline corresponds with the Central Intelligence Agency's "Secret War" time frame in Laos. Additionally, these qualified veterans had to be citizens or lawful permanent residents of the United States and have lived there at the time of their passing. While the Act provides burial rights, it does not extend full veterans' benefits, such as burial flags, headstones, or burial expense allowances typically granted to U.S. veterans. For example, although they allow the Hmong veterans to be buried in national cemeteries, they are not given all of the honors that are typically granted to American veterans. Included in this are the burial expenditure reimbursements, which help families of US service members with certain expenses, and the lack of military funeral rites like folding and presenting the American flag. Although limited in scope, the Act allows these veterans to be interred in national cemeteries—a privilege that serves as a testament to their contributions and sacrifices.

Importance and Symbolism of the Act For the Hmong community, the Act holds deep symbolic importance. Many Hmong veterans and their descendants regard the ability to be buried in a U.S. national cemetery as a meaningful gesture of respect and recognition, especially given the years of advocacy required to achieve it. The Act acknowledges the Hmong people's sacrifices in ways that words alone could not, as the burial rights serve as a tangible acknowledgment of their partnership with the United States during one of its most turbulent periods. This recognition is also essential in preserving the legacy of the Hmong people’s role in U.S. history, particularly in the context of the Vietnam War. Generations of Hmong Americans view this Act as affirming their heritage, ensuring that their ancestors' contributions are remembered and respected. It provides an opportunity for Hmong veterans to be honored alongside U.S. servicemen and women, marking a significant shift from years of exclusion to a rightful place in national memory.

Limitations and Criticisms Despite the Act’s progress, it is not without limitations and criticisms. While it allows burial rights, it falls short of providing full veteran honors and other benefits. Critics argue that while the Act is a step forward, it does not fully acknowledge the depth of the Hmong people's sacrifices during the Vietnam War. They note that excluding certain burial benefits—such as military funeral honors and financial assistance for burial costs—diminishes the recognition these veterans deserve. For many advocates and descendants, these omissions reflect a missed opportunity to honor Hmong and Lao veterans fully and equally. Additionally, some veterans and families feel that the recognition, though appreciated, comes too late, as many veterans who would have benefited from the Act have already passed away. For some members of the Hmong community, this delayed acknowledgment underscores a history of marginalization and limited support from the government they served.

The Hmong Veterans' Service Recognition Act has notable limitations that have drawn criticism. The Act grants burial rights in national cemeteries but does not extend full veterans' benefits, such as military funeral honors, official headstones, or burial expense allowances. Military funeral honors, including the presentation of the U.S. flag and a graveside ceremony, are deeply symbolic, and their absence has been a particular point of argument. Advocates argue that the limitations diminish the recognition Hmong veterans deserve for their critical role during the Vietnam War. Another criticism involves eligibility restrictions. Only Hmong veterans who were naturalized under the Hmong Veterans' Naturalization Act of 2000 or who held U.S. citizenship or residency at death qualify for burial rights. This excludes many veterans who served in the Secret War but faced obstacles in securing U.S. citizenship. Many have already passed away and cannot benefit from the Act’s provisions. This highlights the long delay in recognition. Despite being a vast advancement, The Congressional Research Service and LinkVet both claim that this absence undervalues the honor that Hmong soldiers merit for their vital contributions during the Vietnam War. Critics also point out that the Act does little to address the more significant social and economic issues that Hmong-American communities have faced since coming to the United States. According to sociologist Chia Youyee Vang, the Hmong community's difficulties are partially caused by a lack of resources and recognition. The Act's restrictions highlight the need for further measures to honor these soldiers truly and address the long-lasting effects of war and displacement on their families.

Conclusion The Hmong Veterans' Service Recognition Act represents a long-overdue acknowledgment of the sacrifices made by Hmong and Lao veterans who supported the United States during the Vietnam War. The Act provides a symbolic yet meaningful gesture of respect by granting burial rights in national cemeteries. The act allows these veterans to be honored alongside U.S. service members. However, the Act's limitations—particularly the lack of full veterans' benefits highlight the challenges that immigrant and minority veterans face in receiving equal recognition for their contributions. While the Act has brought some closure to the Hmong community, it also highlights the ongoing need for more comprehensive support and acknowledgment of immigrant communities that have served alongside U.S. forces. For Hmong-Americans, it is a victory and a reminder of the resilience required to attain recognition. Hopefully, this Act will pave the way for further efforts to honor and support veterans from all backgrounds who have sacrificed in service to the United States.

References

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Pugmire, Tim. "Congress OKs Final Resting Place for Hmong Veterans of Vietnam War." Twin Cities Pioneer Press, 23 Mar. 2018, www.twincities.com/2018/03/23/congress-oks-final-resting-place-for-hmong-veterans-of-vietnam-war/. Accessed 6 Nov. 2024.

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Hamilton-Merritt, Jane. Tragic Mountains: The Hmong, the Americans, and the Secret Wars for Laos, 1942-1992. Indiana University Press, 1993.