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#202 Sign-on Letter to President Biden; Alien Land Laws; Florida Appeal/Motion; 8/26 March

In This Issue #202

  • Invitation to Sign Letter to President Biden Urging Renewal of US-China Protocol on Scientific and Technological Cooperation

  • Appeal and Motion Filed in Florida Lawsuit Against Discriminatory Alien Land Law  

  • Washington Post Reports on Alien Land Bills

  • See You at "The March on Washington" on August 26, 2023



Invitation to Sign Letter to President Biden Urging Renewal of US-China Protocol on Scientific and Technological Cooperation


Stanford University Professors Steven Kivelson and Peter F. Michelson issued the following letter calling for faculty members and scholars at U.S. institutions of higher learning to co-sign a letter to President Joe Biden to renew the US-China Protocol on Scientific and Technological Cooperation. 


Dear Colleagues,

 

The US-China Protocol on Scientific and Technological Cooperation is due for renewal by August 27; in less than 6 days.  The decision on whether the U.S. will pursue renewal of the Protocol will be made by the White House, mostly likely with discussion led by the National Security Council of the United States.  This agreement has been the basis of scientific engagement between the US and China since it was first signed in 1979 and renewed approximately every five years thereafter.  For an informative overview of the Protocol and a discussion of the case for renewing it have a look at a recent essay by Deborah Seligsohn, Senior Associate (non-resident) of CSIS.  See also recent coverage in the WSJ and in Reuters.

 

If the Protocol is not renewed by the United States - which seems plausible at present moment - it is likely to have significant negative impact on ongoing and future scientific exchanges between the US and China.  We believe that the multiple benefits of robust scientific exchange vastly outweigh any security issues that accompany such openness.  Furthermore, the Protocol does not commit the US to any specific activities but provides a framework for discussion and developing specific agreements. The US should not slam the door.  

 

If you agree with us, please consider signing an open letter to the President of the United States and the members of the National Security Council expressing support for renewing this agreement.  This can be done by clicking on this link and following the instructions. You can also read the letter there. Please also consider forwarding this email to other members of the university community who you think might likewise be willing to sign.  If you plan to sign, please do so before Noon PDT on Thursday, August 24.

 

Sincerely,

 

Steven Kivelson and Peter Michelson



Appeal and Motion Filed in Florida Lawsuit Against Discriminatory Alien Land Law  


On August 21, 2023, attorneys for the plaintiffs in the Florida lawsuit against Senate Bill (SB) 264 filed an appeal to the United States Court of Appeals for the Eleventh Circuit from the Order, entered on August 17, 2023, ECF No. 69, denying Plaintiffs’ Emergency Motion for a Preliminary Injunction.  Read the appeal: https://bit.ly/44eexMIAlso on August 21, 2023, attorneys for the plaintiffs in the Florida lawsuit moved for the Florida District Court to issue an injunction pending appeal in this matter. Plaintiffs request a decision by Thursday, August 24, 2023.  Read the motion: https://bit.ly/3KPkR6h



Washington Post Reports on Alien Land Bills


On August 21, 2023, the Washington Post published two articles on alien land bills: 

According to these comprehensive reports, in Washington, the White House and federal lawmakers are pursuing ways to constrain Chinese-owned businesses like TikTok amid a bipartisan push to limit China’s reach.Now state legislators have embraced a novel, locally focused tactic aimed at China’s domestic investments: restrictions on Chinese land ownership.Lawmakers in 33 states have introduced 81 bills this year that would prohibit the Chinese government, some China-based businesses and many Chinese citizens from buying agricultural land or property near military bases, according to a Washington Post analysis of data compiled by Asian Pacific American (APA) Justice, an advocacy group. A dozen of the bills are now law in states such as Alabama, Idaho and Virginia.Asian American advocacy groups and legislators have raised alarm that the new bills go beyond national security concerns and could encourage discrimination against Chinese Americans at a time of rising hate crimes — harking back to a time when they were openly barred from owning property.“There is ignorance out there that causes people to think that because you are Chinese you are part of the Chinese government,” said former Texas state representative Martha Wong, a Republican.While most bills also ban land ownership tied to other “foreign adversaries,” including Russia, Iran and North Korea, lawmakers’ rhetoric has focused almost exclusively on China — and some states have gone even further than targeting government entities. A Florida law also restricts land purchases by Chinese citizens with non-tourist visas.Critics say the movement is also being fueled by growing anti-Asian sentiment in the United States, evidenced by a rise in hate crimes that became particularly acute during the coronavirus pandemic.“President Trump calling covid-19 the China virus and kung flu laid the groundwork for people to blame China for their own misfortunes,” said Rep. Judy Chu (D-Calif.), who is Chinese American and has introduced a bill to combat the landownership restrictions. “Now we see this anti-China fever taking a different route, with politicians trying to gain political points by being more anti-China than the next person.”

Wong, 84, testified against several Texas bills by describing how she lived for years as a child in her family’s grocery storage room because no one would rent or sell a home to her Chinese American father. “We do not want backward movement to the type of discrimination my father faced,” she said.The push in states to limit Chinese ownership has extended to Congress, where at least 11 bills aiming to restrict land buys by Chinese businesses and citizens have been introduced over the past three years. None has passed, but several are still pending, and the language from one bill was recently inserted into the National Defense Authorization Act, which passed the Senate last month.Some experts say national security concerns are inflated because China and Chinese investors own a fraction of U.S. agricultural lands. The U.S. Department of Agriculture (USDA) report shows Chinese investors own about 1 percent of American agricultural land, and only about 0.03 percent of that is farmland. The rest are agriculturally zoned properties that include rural roads, homesteads and non-farm-related buildings.“For purposes of food security, blocking Chinese or other foreign investors, that argument doesn’t hold a lot of water,” said Joe Glauber, USDA’s chief economist from 2008 to 2014 and now a senior researcher at the International Food Policy Research Institute. “We are already exporting a large portion of what we produce, so it is not a question of needing to keep this stuff at home. As far as farmland is concerned, what China owns is literally a drop in the bucket.”The bills face an uncertain legal future. The American Civil Liberties Union has challenged the constitutionality of the Florida law, making some of the same arguments that caused several state supreme courts to strike down broad bans on land ownership by foreign citizens of Asian countries decades ago, including a pivotal California Supreme Court decision in 1952.“Banning people from buying a house based on where they are from is blatantly unconstitutional,” said Ashley Gorski, a lead attorney in the ACLU case against the state of Florida. “Everyone in the United States is entitled to equal protection under the constitution, including citizens of other countries.”“We expect the political rhetoric on this to escalate and also expect more legislation to be introduced and passed,” said John C. Yang, president and executive director of Asian Americans Advancing Justice, which has been fighting the bills. “Even state legislators want to appear to be tough on China right now, and they are grasping for things that they can control in their own state legislatures to show that they are being tough.”

For weeks this summer, South Florida real estate agent Josie Wang says she’s rushed to close property deals for many of her clients. The sales anxiety wasn’t sparked by the usual forces — high interest rates and low inventory.Instead, she was worried that her Chinese clients would soon face new hurdles to buying property in the United States. If the deals weren’t closed quickly, she warned them, they may need to consult an attorney before moving forward.Over the last few months, Montana, Virginia, and North Dakota have all passed legislation restricting the ability of Chinese nationals to buy property. Georgia, Iowa and Kansas, among others, are considering similar legislation.In Florida, which has passed one of the strictest versions of the law, Chinese nationals can’t buy property within 10 miles of any military bases — the state has 21 of them — or critical infrastructure such as airports. Under the law, which is being challenged in court, those who sell property to Chinese immigrants could face stiff penalties, including a $1,000 fine and up to one year in prison.Asked about the concerns among some people in the Asian community, Jeremy Redfern, Florida Governor Ron DeSantis’s spokesman, didn’t directly respond, writing in an email, “There is no reasonable way of responding to unnamed ‘Asian Americans in Florida.’”For some Chinese nationals and Chinese Americans the new laws have been a hurtful reminder of anti-Asian laws that banned them from immigrating to the United States or buying agriculture property in the country for decades.“This is not right, we live in the 21st Century,” said Winnie Tang, who moved to the United States from China 45 years ago and lives in Miami. The laws, she says, remind her of the Chinese Exclusion Act of 1882 — a 10-year ban on Chinese laborers immigrating to the United States. “We are being singled out to be discriminated against by other people.”“My face is Chinese,” Tang said. “So that means in the future, if I want to buy any property they could use this law to force me to show ID to prove I’m a citizen and not related to the Chinese government … This law gives people the right to discriminate against me openly.”Critics have called such laws discriminatory and the Department of Justice has said about the Florida version of the law: “These unlawful provisions will cause serious harm to people simply because of their national origin, contravene federal civil rights laws, undermine constitutional rights, and will not advance the State’s purported goal of increasing public safety.”

Legislation in Texas, which aimed to ban all property ownership by Chinese citizens, died in the House of Representatives after massive protest from the Asian American community. “I don’t think the Republicans fully appreciated was how unbelievably angry the Asian community was,” Democratic state Rep. Gene Wu, who represents a heavily Chinese district in Houston, said.Some Asian Americans say they have experienced more hate crimes since the pandemic began.“This has always been the singular, major discrimination against all Asian Americans,” Wu said. “That Asian Americans are never truly American enough, that Asian Americans are always just a hair’s breadth away from betraying the country and doing whatever their home country tells them to.”The United States has taken drastic measures against Asian Americans before, said Mae Ngai, a professor of Asian American Studies at Columbia University, noting that during World War II, more than 100,000 people of Japanese descent were forced into camps after the bombing of Pearl Harbor.“This is where it leads. It leads to putting so-called enemy aliens in concentration camps. I don’t think it’s a ridiculous proposition,” Ngai said. “We should be very, very concerned.”APA Justice tracks the alien land bills at https://www.apajustice.org/alien-land-bills.html, including a map and a list of state bills at https://bit.ly/43oJ0YI 



See You at "The March on Washington" on August 26, 2023


On August 26, 2023, a 2023 March on Washington will commemorate the 60th anniversary of the historic March on Washington, organized by Dr. Martin Luther King Jr. and other civil rights leaders in 1963, to continue the fight for democracy, social justice and civil rights. Join the King family at the Lincoln Memorial to honor the past, acknowledge the present and march toward a future of progress and equality.Asian American, Native Hawaiian, and Pacific Islander (AANHPI) communities will join the March to continue the landmark moment in the struggle against racial profiling and hate.  Help to distribute the Yellow Whistles to amplify our voice.  Please wear yellow to symbolize our struggle for justice and hope.  Show our support of peoples of color and conscience.

UCA: 纪念“我有一个梦想”演讲60周年.  UCA诚挚邀请您参加8月26日在林肯纪念堂举办的一场特殊活动,以纪念并见证美国历史的重要时刻。 这是一个值得我们每个人珍视的机会,让我们一同回顾并向前看,思考过去的成就、面对现在的挑战、展望未来的希望。林肯纪念堂作为美国历史的见证者,见证了种族平等、人权尊重和社会进步的重要进程。60年前,马丁·路德·金(Martin Luther King Jr.)在这里发表了那篇永载史册的“我有一个梦想”演讲,为美国的平等与正义倡导奠定了基石,成为了社会变革的象征。 在这个特殊的日子里,我们将一同回望过去,追忆那些勇敢的先驱者们为种族平等而奋斗的历程,从60年前的种种挑战到今天我们所面临的机遇与挑战。我们希望通过这次活动,传承那份坚韧和勇气,汲取历史的智慧,为我们未来的努力指明方向。 

August 22, 2023

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