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USDA EXTENDS — BFAA INTERVENES

I.     On Monday, March 25, 2013, the Secretary of Agriculture (USDA), Tom Vilsack will announce that he will extend the deadline in the claims process for Hispanic and female farmers and ranchers.  

As a result of several United States congressional officials echoing concerns from members of the Hispanic and female farmers and ranchers stating, among other things, that they (Hispanics et al.) were being subjected to "stricter criteria for obtaining relief" than other farmers (African American) — Mr. Vilsack will grant their wish.

http://www.scribd.com/doc/121794492/Letter-to-USDA-on-Extending-Claims-Process-for-Hispanic-Women-Farmers

One of Congress' particular concerns is: 

                 "The  requirement  that  claimants  provide  evidence of a

                 written  complaint  of  discrimination  filed  with  the Farm

                 Services Agency  at  the time of incident, which  for many

                 claimants was almost thirty years ago, when legally such

             formal complaints were not required."

See letter to Secretary Vilsack, dated January 22, 2013, from Mark Udall (U.S. Senator), Michael F. Bennet (U.S. Senator) and Scott Tipton (U.S. Representative) attached to link above.

These Congressional officials are now echoing and otherwise voicing an earlier concern and argument that was raised in Federal Court on September 1, 2011, (the Fairness Hearing) by Thomas Burrell, of BFAA, Inc. in Pigford II (In re Black Farmers Discrimination Litigation). See Document No. 208 at n 48. 

Hereto, as was the argument by BFAA, members of Congress are, stating that without the ability to produce certain standards being demanded by USDA "many potential claimants are likely to not participate at all in the claims process." They went on to say that "delays are also certain to occur with this higher standard."

Moreover, congress also stated that, "we believe that extending the claims period will provide a better opportunity for achieving justice by ensuring that claimants have full and fair consideration of their claims." "We urge you to extend the claims process and seek to address these concerns outlined above within the bounds of all relevant laws and regulations."

2.     Also on Monday, March 25, 2013, BFAA, Incorporated will file a Motion To Intervene (Fed. R. Civ. P. 24 (a) and (b), and L.R. 7(j)).  Accordingly, BFAA is seeking an opportunity for its members who were unable to obtain a determination in Pigford to be permitted to file claims now under the administrative claims process being offered to females and Hispanic farmers.

3.     Now.  The question that must be advanced, necessarily,  is, where are the members of the Congressional Black Caucus and the NAACP voicing and advocating for members of the African American farming community and the heirs who are experiencing the same challenges as are now being express by white politicians and/or advocates for the benefit of their constituency? 

 

Pleas E-Mail your responses to bfaapresident@aol.com.  Thank you!

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LAWSUIT DEADLINE UP AHEAD

 

The last (Hispanic and Women et al. vs. Tom Vilsack, Secretary, United States Department of Agriculture) of the five original discrimination lawsuits (Pigford I, Pigford II, Keepseagle, Garcia and Love et al., v. Tom Vilsack, Secretary of Agriculture (USDA) is scheduled to end on March 25, 2013.

Unless an extension is granted by the Courts, no other claimants will be allowed to participate following that date in the historical financial payments for years of racial discrimination against them by USDA. See meetings scheduled below (click more).

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BLACK FARMERS FILE PETITION TO THE SUPREME COURT

  Justices of the Supreme Court

                     ———    ———

 

On January 2, 2013, attorneys  representing  the Black Farmers And Agriculturalists Association,  Incorporated ("BFAA, Inc.") filed a PETITION FOR WRIT OF CERTIORARI TO THE UNITED STATES COURT OF APPEALS (Supreme Court of the United States, Case No. 12-848)

In affect, BFAA, Inc. is asking the United States Supreme Court to allow BFAA, Inc. (class representative) to come before the "High Court" to make arguments[1] on behalf of its members, whose constitutional rights have been violated by the government (USDA) and others in the adjudication of various class action lawsuits.  These violations include, but are not limited to, Due Process and Equal Protection under the law against Black farmers, their heirs, administrators and assigns (Petitioner) by USDA and others (Respondents).

BFAA, Inc. has alleged all along that, among other things, USDA, the lawyers[2] paid by USDA  to represent Black farmers and even the District Court, have allowed these farmers to be subjected and caused to be subjected to the same racial discrimination by the USDA — during the compensation phase for racial discrimination — for which the very lawsuits were designed to correct in the first place — nothing has changed.

Other minority farming groups (Native and Hispanic Americans as well as women (White women and their "husbands")) are all receiving better treatment, more money and others benefits — from their lawsuits against USDA — than Black farmers and their heirs are receiving from the same legal proceedings.

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