#311 Stand w Asian Americans; Rights Tool Kit; Privacy at Risk; Trump Policies on Science+

In This Issue #311

·       SwAA: Justice and Equality Through Law, Education, and Community

·       AALDEF: Immigrant Rights Toolkit 

·       U.S. Personal Information and Privacy at Risk Abroad and at Home

·       WP: Trump Policies Sow Chaos, Confusion Across Scientific Community

·       News and Activities for the Communities

SwAA: Justice and Equality Through Law, Education, and Community

In the aftermath of the 2021 Atlanta spa shootings, where six Asian women were among the victims, Stand with Asian Americans (SWAA) emerged to combat anti-Asian hate and advocate for justice. In 2022, SwAA launched the Workplace Justice Initiative to address workplace discrimination, bias, and barriers that Asian Americans face in professional settings.  Its mission is to protect and advance the rights of Asian Americans against discrimination at the workplace through three key activities:

·       Power of Law – SwAA provides legal support through a discrimination reporting portal, direct legal services, and a public relations strategy to raise awareness and advocate for workplace justice.

·       Education – The organization equips individuals and employers with human resources tools, educational workshops, and panels such as Shattering the Myth of Asian Passivity, Know Your Rights, and Leadership Empowerment to foster inclusion and leadership opportunities.

·       Community – SwAA supports mental health initiatives and amplifies stories to strengthen solidarity and resilience within the Asian American community.

If you or anyone you know is experiencing racial discrimination at work or in business, you may reach out to SwAA for legal, education, and community support. SwAA's discrimination portal containing resources is here, and ways to support the SwAA mission here.Michelle Lee, President, General Counsel and Board Chair, and Brian Pang, Chief Operating Officer and Head of Partnerships will speak at the next APA Justice monthly meeting on March 3, 2025. 

AALDEF: Immigrant Rights Toolkit 

During the APA Justice monthly meeting on February 3, 2025, Bethany Li, Execuitve Director of Asian American Legal and Education Defense Fund (AALDEF), offered an Immigrant Rights Toolkit designed to inform individuals about their legal rights, particularly concerning expedited removal procedures. This toolkit is part of AALDEF's broader Immigrant Rights Program, which provides legal representation, policy advocacy, community education, and organizing support for Asian immigrants across various backgrounds. The program aims to promote humane and dynamic immigration laws and policies that uphold the dignity of all migrants. Here are some of the links to AALDEF's Immigrant Rights Toolkit:

·       Know your rights if you are detained and facing expedited removal (AALDEF)

·       Use this tool to request immigration documents to help prepare you against ICE (AALDEF)

·       Know your rights for dealing with ICE (Immigrant Defense Project)

·       Know your rights during an ICE check-in (Know Your Fight)

·       Know your rights if ICE comes to your workplace (National Day Laborer Organizing Network)

·       Know your rights as a worker, regardless of your immigration status (AALDEF)

·       Watch these videos about dealing with ICE in different scenarios (We Have Rights)

·       Print pocket cards to hand to ICE if they approach you (Immigrant Legal Resource Center)

·       Learn and stay updated on what the Trump Administration has done so far (Guttentag, Immigration Policy Tracking Project)

U.S. Personal Information and Privacy at Risk Abroad and at Home

According to an exclusive report by the Washington Post on February 7, 2025, security officials in the United Kingdom have demanded that Apple create a back door allowing them to retrieve all the content any Apple user worldwide has uploaded to the cloud, which if implemented would undermine Apple’s privacy pledge to its users.According to the report, the UK government has issued a "technical capability notice" to Apple under the Investigatory Powers Act, commonly known as the "Snoopers' Charter." The notice mandates that Apple create a backdoor to its encrypted iCloud services, enabling law enforcement agencies to access user data. Apple has consistently maintained that introducing such backdoors would compromise user privacy and global cybersecurity. In response to the UK's demand, Apple is reportedly considering discontinuing some of its services in the UK rather than compromising its encryption standards.Read the Washington Post report: https://wapo.st/3CHgF7UHere at home in the United States according to multiple media reports, the "Department of Government Efficiency" (DOGE) under billionaire Elon Musk has gained access to databases at the Treasury, Education and Labor  departments that contain sensitive data about Americans, such as Social Security numbers, dates of birth, and financial transactions.  Federal officials have been terminated or forced to resign for protecting access to these critical data systems. Unions, students and public interest groups have filed lawsuits alleging the administration of violating privacy laws by allowing DOGE access to the databases.

On February 6, 2025, Judge Colleen Kollar-Kotelly of the U.S. District Court for the District of Columbia restricted access to a Treasury Department payments system that various DOGE surrogates had infiltrated at the direction of Elon Musk. In her ruling on Alliance for Retried Americans v. Bessent (1:25-cv-00313), the judge stated that the defendants cannot “provide access to any payment record or payment system of records maintained by or within the Bureau of the Fiscal Service.”  Tom Krause and Marko Elez, two DOGE-linked “special government employees” at the Treasury Department, were granted “read-only” access to Bureau of Fiscal Service systems “as needed for the performance” of their duties.  According to The Washington Post on February 7, the Treasury Department is appointing Krause as assistant secretary, replacing David A. Lebryk, who resigned after opposing Krause’s efforts to access senstive government payment systems—a move Lebryk deemed illegal.  Booz Allen Hamilton, a contractor running a threat intelligence center for the Treasury Department, reported that DOGE’s access to the payment network should be “immediately” suspended as it represented an “unprecedented insider threat risk.”  Bloomberg later reported that the Booz Allen Hamilton's subcontractor had been dismissed.On February 7, 2025, the New York Times reported that U.S. District Judge Paul A. Engelmayer in the case of State of New York v. Donald J. Trump (1:25-cv-01144) issued an emergency order temporarily restricting access by DOGE to the Treasury Department’s payment and data systems, saying there was a risk of “irreparable harm.”  Judge Engelmayer ordered any such official who was granted access to the systems since January 20 to “destroy any and all copies of material downloaded from the Treasury Department’s records and systems.” He also restricted the government from granting access to “special government employees.”Several members of Congress have publicly expressed concerns regarding Elon Musk's DOGE gaining access to the U.S. Treasury's federal payment systems.  Congressman Bill Foster said in a February 3 statement, "Elon Musk is an unelected oligarch with no regard for national security, conflicts of interest, or ethical standards. Americans deserve answers as to why his team was given unrestricted access to the U.S. Treasury payment system, which gives them the ability to spy on U.S. treasury payments to private American citizens, as well as Musk's business competitors. This power grab is corrupt and unprecedented, and my colleagues and I are doing everything we can to put a halt to this."

On February 7, 2025, District Court Judge John D. Bates denied the motion for a temporary restraining order in the case of American Federation of Labor and Congress of Industrial Organizations v. Department of Labor (1:25-cv-00339).  The AFL-CIO contends that granting DOGE access to Department of Labor systems could lead to conflicts of interest, especially concerning sensitive information related to investigations of Musk's companies, including Tesla, SpaceX, and The Boring Company. They argue that DOGE's involvement might compromise the integrity of these investigations and potentially expose confidential data. Judge Bates' ruling stated that the union did not demonstrate sufficient harm resulting from the Department of Labor's actions.  The judge ordered that the parties shall file a proposed preliminary-injunction motion briefing schedule by not later than February 12, 2025. The Education Department case, University of California Student Assocation v. Carter (1:25-cv-00354), is pending.  The Univrsity of California Stucent Association is the official systemwide student advocacy organization representing over 285,000 students across all ten University of California campuses.Two groups of FBI agents have sued the Justice Department to block any public release of a list of thousands of employees who worked on investigations tied to President Donald Trump or the January 6, 2021, attack on the U.S. Capitol.  On February 6, 2025, U.S. District Judge Jia M. Cobb of the District of Columbia ordered the consolidation of Federal Bureau of Investigation Agents Assocation v. Department of Justice (1:25-cv-00328) and Does 1-9 v. Department of Justice (1:25-cv-00325).  On February 7, Judge Cobb issued a temporary restraining order (TRO), which had been mutually proposed by the parties. The TRO prohibits the government from publicly releasing any list before the court rules on whether to grant a preliminary injunction. The briefings for a preliminary injunction will be filed by March 21, 2025.As of February 9, 2025, the number of legal challenges to Trump administration actions reported by the Just Security Litigation Tracker has increased to 41.On February 7, 2025, the Washington Post reported the following summary of where Trump action court cases stand:

WP: Trump Policies Sow Chaos, Confusion Across Scientific Community

According to the Washington Post on February 6, 2025, President Donald Trump's executive orders targeting diversity, equity, and inclusion (DEI) initiatives within federally funded programs have led to significant concerns in the scientific community. The National Science Foundation (NSF) suspended grant disbursements, leaving researchers without salaries. The Food and Drug Administration (FDA) removed materials on clinical trial diversity from its website, and the Centers for Disease Control and Prevention (CDC) took down tools and data related to health disparities, including the Social Vulnerability Index and the Environmental Justice Index. These actions have disrupted ongoing research and raised fears about political interference in scientific endeavors. Dr. Sudip Parikh, CEO of the American Association for the Advancement of Science (AAAS), expressed concern, stating, "The scientific community is deeply troubled by these developments, which threaten the integrity and progress of our research."On February 5, 2025, Dr. Parikh testified at a hearing of the U.S. House Committee on Science, Space, and Technology on The State of U.S. Science and Technology: Ensurig Global Leadership.  His written testimony emphasized the importance of a strong and adaptable American science and technology enterprise, highlighting the role of research institutions, industry, and the workforce in driving innovation and prosperity. Dr. Parikh stressed that the U.S. faces challenges from accelerating technological change, existential threats to public health and security, and growing international competition, particularly from China. He called for a comprehensive approach to strengthening the U.S. science and technology sector, advocating for reduced inefficiencies, investment in workforce development, and strategic research commitments. He also warned against actions that undermine the scientific community, such as spending freezes or policies that alienate international talent. Dr. Parikh concluded by urging the U.S. to adapt to new global realities and secure its future leadership in science and technology.Part of his testimony says,"The American science and technology enterprise is strong, but its continued strength is not guaranteed. We must be proactive in implementing our vision by being open to change and disruption without dismantling our foundational principles and strengths."Through an enterprise that includes industry, academia, and sources of capital to scale, we have turned the discoveries of the past 80 years into technological innovations that have increased our prosperity and security."Many of the structures and institutions that have contributed to our achievements are outdated.  They were the result of a vision after World War II that the investments in science and technology we had made during a time of war should be continued during a time of peace. Over generations, we have made substantial and sustained federal investments in fundamental research — much of it carried out at our universities, research institutes, and national laboratories where research and education take place side-by-side. Industry translated and scaled discoveries into technologies and products with intellectual property protections that incentivized continued innovation. It was a relatively simple vision with profound consequences. It created the modern world."But we are at a crossroads. "Three things are happening at once. First, the pace of change is accelerating so rapidly that the tools and strategies that brought us here are insufficient to ensure our future. Transformational technologies are reshaping our way of life. Second, we face existential threats to our health; food supply and water security; environmental resilience; energy production, utilization, and storage; and our overall wellbeing. Third, more than ever, we are competing with other nations —particularly China — that rival us in talent, infrastructure, and capital investment and that can put our economic prosperity and national security at risk. China trains more scientists and engineers than we do; files for more international patents than we do; publishes just as many highly cited scientific papers as we do; and is leading us in several critical research and technology areas. "I know for all those here today what the answer is: We want America to lead."The good news is that we have a suite of significant assets that our nation can leverage. "We must recognize that the enterprise as a whole — from federal investment to workforce to industry investment to tax and regulatory policy — is what differentiates our nation from all others. "In addition to these holistic recommendations, we must stop hurting our own enterprise with self inflicted wounds. Two examples illustrate the point.

"First, while we must recognize the global competition and take it seriously, we must not demonize people or international collaboration in the process. Our colleagues of Chinese, Indian, and other immigrant backgrounds make up a substantial percentage of the American science and technology workforce. They are colleagues and friends and deserving of respect. We must ensure that our drive to compete does not alter our humanity. When we make America less welcoming to scientists who are immigrants or those who have been here for generations, we only hurt our own competitiveness and opportunity for prosperity. In addition, science is a global activity.  When we close ourselves off to international collaboration, we lose visibility to advances made around the world and slow progress for everyone."Second, last week, the announcement of an abrupt spending freeze on science and technology funding broke trust and hurt the S&T enterprise. This is the kind of action that, even if brief, can have a lasting negative impact. Many scientists, particularly those early in their careers, live paycheck-to-paycheck. I was most saddened to hear from these scientists who began questioning whether they should even continue their scientific pursuits or switch careers. Scientists and engineers are resilient, and I have no doubt that most will persevere because they care deeply about solving problems and better understanding the world around them. But every time we stop and start, lose focus, break continuity across funding and intellectual property protections, we lose some of the next generation of science and technology talent and hurt America’s competitiveness. "The stakes are enormous, the necessary actions are clear, and the time is now."Read Dr. Parikh's testimony: https://bit.ly/40S7iug

News and Activities for the Communities

1. APA Justice Community Calendar

 Upcoming Events:2025/02/10 Federal Employees: What are my whistleblower rights?2025/02/12 Federal Employees: How might my benefits be affected?2025/02/13 China Initiative: Impacts and Implications2025/02/13-15 2025 AAAS Annual Meeting2025/02/16 Rep. Gene Wu's Town Hall Meeting2025/02/18 Protecting Our Organizations: 501(c)(3) Nonprofit Compliance Virtual Training2025/02/23 World Premier of "Quixotic Professor Qiu" with Xiaoxing Xi2025/03/02 Rep. Gene Wu's Town Hall Meeting2025/03/03 APA Justice Monthly Meeting2025/03/12 MSU Webinar on China InitiativeVisit https://bit.ly/3XD61qV for event details.

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APA Justice Task Force is a non-partisan platform to build a sustainable ecosystem that addresses racial profiling concerns and to facilitate, inform, and advocate on selected issues related to justice and fairness for the Asian Pacific American community.  For more information, please refer to the new APA Justice website under development at www.apajusticetaskforce.org.  We value your feedback. Please send your comments to contact@apajustice.org.