#325 Rep. Mark Takano; Birthright Citizenship; "Hands Off!"; Xiaofeng Wang; Litigations; +
In This Issue #325
· Remarks by Rep. Mark Takano at APA Justice Monthly Meeting
· Birthright Citizenship: Legal, Historical, and Civic Resistance to EO
· Nationwide "Hands Off!" Rallies
· China Initiative 2.0? The Case of Professor Xiaofeng Wang
· Latest on Litigations Against Trump's Executive Actions
· News and Activities for the Communities
Remarks by Rep. Mark Takano at APA Justice Monthly Meeting
Rep. Mark Takano, First Vice Chair of Congressional Asian Pacific American Caucus (CAPAC) in the 119th Congress, opened the April 7, 2025, APA Justice monthly meeting with a recorded video message, now available at https://bit.ly/3R595Yv (2:23).In his remarks, Rep. Takano strongly condemned the Trump administration’s invocation of the Alien Enemies Act—a law historically used to incarcerate Japanese Americans, including members of his own family, during World War II. He expressed deep concern that this authority is now being used to deport individuals without due process, warning that such actions edge the nation toward a constitutional crisis. He criticized the Justice Department’s refusal to provide transparency regarding those detained or deported, which has left families in anguish and non-citizen residents in fear.
Rep. Takano further warned that these abuses are part of a broader pattern of civil liberties violations, particularly targeting the Asian American, Native Hawaiian, and Pacific Islander (AANHPI) community. He cited disturbing policies such as the revival of the discredited China Initiative, attacks on birthright citizenship, and the promotion of racial suspicion. These actions, he said, are aimed at silencing and sidelining those who do not "agree, act, or look like" those in power. Reaffirming his commitment to justice, Rep. Takano pledged to use his voice and platform to defend vulnerable communities and urged APA Justice and its allies to continue their advocacy. He welcomed input from the meeting that could support CAPAC’s work and broader community efforts.Rep. Takano’s office can be contacted at Takano.Press@mail.house.gov or 202-225-2305. A summary of the full April 2025 APA Justice monthly meeting is currently in preparation.
Birthright Citizenship: Legal, Historical, and Civic Resistance to EO
On January 20, 2025, President Donald Trump issued Executive Order 14160, seeking to revoke birthright citizenship for certain children born in the United States. The move triggered swift and widespread legal opposition. States, civil rights organizations, and advocacy groups, promptly filed multiple lawsuits, asserting that the order violates the Citizenship Clause of the 14th Amendment and defies mor than 125 years of established legal precedent, most notably the Supreme Court's landmark 1898 decision in United States v. Wong Kim Ark.
1. Trump Administration's Retcon 特朗普政府的重塑
Edgar Chen 陳春品 served for a decade at the U.S. Department of Justice, including as Counsel to the Assistant Attorney General for the Criminal Division, in the Office of Legislative Affairs, and as senior trial attorney leading investigations and civil and criminal cases against suspected human rights violators. Among his previous work, he was Policy Director for the National Asian Pacific American Bar Association and continues to advise the organization on combating anti-Asian hate crimes and discrimination. Chris M. Kwok 郭文 is an Adjunct Assistant Professor in Asian American studies at Hunter College.On March 28, 2025, Edgar and Chris published an article for the Just Security Litigation Tracker on legal challenges to actions taken by the Trump administration. Titled "The Trump Administration’s 14th Amendment Retcon: ‘Wong Kim Ark’ Does Not Limit Birthright Citizenship," the article argues:
"It was no coincidence that President Donald Trump announced on the campaign trail that he would seek to end birthright citizenship via executive order on the heels of the 125th anniversary of the Supreme Court’s decision in United States v. Wong Kim Ark. For well over a century, Congress, the courts, the executive branch, and the American public have understood and adhered to the principle set forth by the Court in 1898 that U.S. citizenship is automatically conferred to anyone born in the United States (except the children of diplomats and occupying foreign powers). Trump’s Executive Order No. 14160, however, distorts the Wong Kim Ark decision, apparently in the belief that the Court’s language provides a blueprint to limit birthright citizenship only to the children of U.S. citizens and lawful permanent residents (“LPRs” or green card holders). Not so. To retcon Wong Kim Ark’s parents as the equivalent of current day green card holders is both legally and historically mistaken."Read the full article: https://bit.ly/4chB1SA
陳春品（Edgar Chen）在美国司法部任职十年，期间曾担任刑事司助理司法部长的法律顾问、立法事务办公室成员，并担任高级审判律师，主导对涉嫌侵犯人权者的调查以及民事和刑事案件的处理。在此之前，他曾担任全美亚太裔律师协会的政策总监，并持续为该协会提供建议，协助应对反亚裔仇恨犯罪和歧视问题。郭文 (Chris M. Kwok) 是亨特学院亚裔美国人研究的兼职助理教授。2025年3月28日，陳春品和郭文在《Just Security Litigation Tracker》上发表了一篇关于法律挑战特朗普政府政策的文章。标题为《特朗普政府重塑《第十四修正案》—《黄金德案》并未限制出生公民权》，文章主张："特朗普总统在竞选期间宣布，他将通过行政命令终止出生公民权，这一决定恰逢美国最高法院在《美国诉黄金德案》（United States v. Wong Kim Ark）判决125周年之际。这绝非巧合。在过去一个多世纪里，美国国会、法院、行政部门和公众都一直遵循并承认该案确立的原则，即在美国出生的人（除外交官及外国占领国的子女外）都自动获得美国公民身份。然而，特朗普签署的第14160号行政命令（Executive Order No. 14160）曲解了《黄金德案》的裁决，似乎认为该判决提供了一种限制出生公民权的法律依据，使其仅适用于美国公民和合法永久居民（即“LPR”或“绿卡持有者”）的子女。但事实并非如此。将黄金德的父母错误地“重塑”（retcon）为现代绿卡持有者，既不符合法律，也不符合历史事实。"阅读APA Justice的张涓全文翻译: https://bit.ly/3FYgQx1
2. Timeline Visualization: Past and Present on Birthright Citizenship
With few exceptions (such as children of foreign diplomats), anyone born on U.S. soil automatically becomes a U.S. citizen at birth.
Birthright citizenship grants automatic citizenship to individuals born within a country's territory, regardless of their parents' nationality or immigration status. In the United States, it is enshrined in the 14th Amendment of the Constitution, which states:
"All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside."
Despite its deep-rooted history, President Donald Trump issued an executive order in January 2025 attempting to strip birthright citizenship, bypassing the constitutional amendment process.
APA Justice's Jeremy Wu and Madeleine Gable have created a timeline visualization of 39 stories that traces the historical background, legal struggles, and ongoing battles surrounding this fundamental right. With exceptions of the Native Americans and Pacific Islanders, the United States is a nation built and prospered by immigrants. Some came earlier than others. Some came more willingly than others. But we all belong to this nation.
Watch the timeline visualization in 2D or 3D: https://bit.ly/4hvY4L4
3. Amicus Briefs Filed with Supreme Court
According to the New York Times on April 4, 2025, immigrant groups and leaders of 22 Democratic-led states pushed back sharply against the Trump administration’s request that the Supreme Court lift a temporary nationwide ban blocking the president’s order to end birthright citizenship for the children of undocumented immigrants and foreign residents.Three federal courts, in Massachusetts, Maryland and Washington State, have blocked the Trump executive order while litigation proceeds.
· Casa Inc. v. Trump (8:25-cv-00201) @Maryland. “There is nothing ‘modest’ about the government’s request for emergency relief in this case,” according to the brief filed on behalf of two immigrants’ rights groups, CASA Inc. and the Asylum Seeker Advocacy Project. If the justices granted the government’s request, the challengers argued, “chaos would ensue.” Supreme Court Case Number is 24A884.
· State of Washington v. Trump (2:25-cv-00127) @Washington. The Plaintiffs emphasize in a brief that the injunction upholds over 125 years of constitutional precedent under the Fourteenth Amendment and warn that lifting it would cause profound and irreversible harm to fundamental rights, risking statelessness for newborns and violating core democratic principles. They urge the Court to preserve the injunction while appeals proceed. Supreme Court Case Number is 24A885.
State of New Jersey v. Trump (1:25-cv-10139) @Massachusetts. A number of attorneys general of Democratic-led states filed a brief that said lifting the nationwide block would allow the administration “to strip thousands of American-born children of their citizenship, in every state or at least in 28 states, while these challenges proceed — even if doing so would contravene settled nationwide precedent.” Supreme Court Case Number is 24A886.
4. APA Justice Monitors Continuing Developments
APA Justice has developed a web page to cover the Birthright Citizenship issue at https://bit.ly/3CNjtR1. It currently covers:
· What is Birthright Citizenship?
· Donald Trump Executive Order
· Why Protect Birthright Citizenship?
· Timeline Visualization
· Historical Context
· Related Media
· Legal Battles
· Summary
Readers are encouraged to visit the website and send their suggested edits and additions to contact@apajustice.org.
Nationwide "Hands Off!" Rallies
According to AP News, AsAmNews, CNN, Washington Post, and multiple media reports, on April 5, 2025, "Hands Off!" demonstrations were organized for more than 1,200 locations in all 50 states by more than 150 groups, including civil rights organizations, labor unions, LBGTQ+ advocates, veterans and elections activists. According to AP News, hundreds of thousands of protesters across the United States participated in "Hands Off!" rallies, expressing opposition to President Donald Trump and billionaire Elon Musk. The demonstrations, spanning from New York to Alaska, were fueled by concerns over the administration's policies and Musk's involvement in government affairs, particularly through the "Department of Government Efficiency" (DOGE). Protesters voiced fears about government downsizing, potential privatization of public services, and the overreach of Musk's influence in public policy. These nationwide protests underscore a growing public apprehension regarding the direction of current governmental actions and the roles played by influential private individuals in shaping policy decisions.
According to CNN, the "Hands Off!" protests unfolded across all 50 U.S. states and globally, including London and Paris. Florida Rep. Maxwell Frost spoke at a rally in Washington DC, urging people to take action by protesting, donating to mutual aid, participating in direction action and focusing on legislative strategies. “Throughout human history, authoritarians, they’re never satisfied with the power they have, and so they test the bounds, they push the limits, they break the law, and then they look at the public to see if they’re quiet or if they’re loud,” said Rep. Frost.According to the Washington Post, tens of thousands of protesters gathered in front of the Washington Monument to oppose President Donald Trump and adviser Elon Musk's policies, including the dismantling of federal agencies and the imposition of sweeping tariffs. Speakers like Rep. Jamie Raskin (D-Md.) criticized the administration for economic downturns and authoritarian tendencies. There is no future with a president who has “the politics of Mussolini and the economics of Herbert Hoover... Our founders wrote a Constitution that does not begin with ‘We the dictators,’ the preamble says ‘We the people,’” Rep. Raskin said, holding signs condemning the administration. “No moral person wants an economy-crashing dictator who knows the price of everything and the value of nothing.” The White House postponed spring garden tours due to the anticipated size of the protests.
AsAmNews published a collection of pictures of Asian Americans participating at the "Hands Off! protest in St. Paul, Minnesota.
China Initiative 2.0? The Case of Professor Xiaofeng Wang
According to multiple media reports, Xiaofeng Wang 王晓峰, a prominent cybersecurity professor at Indiana University Bloomington (IUB), was terminated from his position on March 28, 2025—the same day that FBI and Department of Homeland Security agents searched his residences in Bloomington and Carmel, Indiana. The university has not publicly disclosed the reasons for his dismissal.As of now, neither Professor Wang nor his wife, Nianli Ma—a systems analyst at the university—have been arrested or charged with any crimes. Their attorney confirmed that the couple is safe and unaware of any pending criminal charges.The American Association of University Professors' Bloomington chapter has criticized the university's handling of Professor Wang's termination, asserting that it violated due process and university policies. Professor Wang had recently accepted a position at a university in Singapore prior to his dismissal from IUB.The specific reasons behind the federal investigation remain undisclosed, and the search warrants have been sealed. Efforts have been made to unseal these documents to gain clarity on the situation.
According to Indiana Public Media, Professor Wang is represented by Attorneys Jason Covert and Jackie Bennett Jr. of Taft Law.APA Justice is monitoring developments in Professor Wang’s case: https://bit.ly/42tbPVR
Latest on Litigations Against Trump's Executive Actions
As of April 8, 2025, the number of lawsuits against President Donald Trump's executive actions reported by the Just Security Litigation Tracker has grown to 178 (4 closed cases). These are some of the latest developments:
· According to AP News, on April 7, 2025, the Supreme Court ruled in a sharply divided 5-4 decision that the Trump administration can proceed with deporting Venezuelan migrants under the 1798 Alien Enemies Act -- so long as each individual receives a court hearing prior to removal. The decision stems from President Trump's classification of the Venezuelan gang Tren de Aragua as an "invading force" in J.G.G. v. Trump (1:25-cv-00766). TheCourt's conservative majority also determined that legal challenges must ve filed in Texas rather than Washington, D.C. In response, ACLU has filed an emergency lawsuit seeking a new temporary restraining order in a different court, consistent with the Court's ruling, to prevent immediate deportations and ensure due process protections.
· Attorneys general from 21 states, led by Rhode Island, have filed a federal lawsuit State of Rhode Island v. Trump (1:25-cv-00128) to block President Trump’s March 14 executive order to dismantle the Institute of Museum and Library Services (IMLS) and six other federal agencies. The plaintiffs argue the order violates both the Constitution and the Administrative Procedure Act by bypassing Congress and abruptly defunding programs without due process. The suit notes that 85% of IMLS staff were placed on leave, grants were rescinded, and no public explanation was offered. The states are seeking an emergency injunction to restore agency functions and prevent irreparable harm to public services and interstate programs.
· The New Civil Liberties Alliance, funded by conservatives Leonard Leo and Charles Koch, has filed suit against Trump's use of the International Emergency Economic Powers Act (IEEPA) to impose tariffs on Chinese imports. The group argues that this action is unlawful, as the IEEPA was not designed for tariffs and the power to impose them lies with Congress. The lawsuit, Emily Ley Paper Inc v. Trump (3:25-cv-00464), contends that IEEPA was never intended for economic tariffs and that such powers rest with Congress. The suit is supported by Simplified, a Florida-based importer, and underscores growing unease among business leaders and even some Republicans about the economic fallout of Trump’s tariff policies. The plaintiffs also challenge the administration’s attempt to link the tariffs to the fentanyl crisis, arguing that the rationale is pretextual.
News and Activities for the Communities
1. APA Justice Community Calendar
2025/04/13 Rep. Gene Wu's Town Hall Meeting2025/04/14 State of Play Virtual Town Hall2025/04/15 China Connections: A Conversation with Emily Feng2025/04/22 Scholars Not Spies: Fighting for International Academic Workers’ Rights in an Era of Rising US-China Conflict2025/04/24 CHINA Town Hall: The First 100 Days: President Trump's China Policy2025/04/24-26 Committee of 100 Annual Conference and Gala2025/04/27 Rep. Gene Wu's Town Hall Meeting2025/05/05 APA Justice Monthly Meeting2025/05/06 Asian American Careers - How to Build Your Personal Network, including Through Strategic AlliesVisit https://bit.ly/3XD61qV for event details.
2. Discover China 2025: Summer Youth Exchange to the Greater Bay Area
Founded in 2019, US-Sino Culture Exchange Consortium (USCEC) 美中文化促进会 is a non-profit organization dedicated to fostering mutual friendship and cultural exchanges between the United States and China. Its mission encompasses four key objectives:
· Promoting people-to-people cultural exchanges between China and the United States.
· Supporting the development of local U.S. artists.
· Promoting traditional Chinese cultural arts.
· Safeguarding and advancing the well-being of Chinese Americans.
As part of its activities to build lasting connections between the people of the United States and China, USCEC will host a 9-day immersive program titled "Discover China 2025: Summer Youth Exchange to the Greater Bay Area." Total cost is $980 which includes round trip air, visa applications, local accommodations, local transportation, guided tours, and workshops.
Application deadline is April 18, 2025.WHAT: Discover China 2025: Summer Youth Exchange to the Greater Bay AreaWHEN: June 16-24, 2025WHERE: Greater Bay Area, ChinaHOST: US-Sino Culture Exchange Consortium (USCEC) 美中文化促进会DESCRIPTION: A 9-day immersive program for American youth (18-38) to explore China's innovation, culture, and academic exchanges.PROGRAM ITINERARY: https://bit.ly/3R51XLHAPPLICATION: https://bit.ly/42nvOUG (deadline April 18, 2025)
3. 2025/04/24 China Town Hall: President Trump's China Policy
Each year, the National Committee on U.S.-China Relations (NCUSCR) hosts a nationwide town hall, inviting three keynote speakers and broadcasting through their partner network. This year's online event will be held on April 24, starting at 6:30 pm ET. The topic is "The First 100 Days: President Trump's China Policy," featuring:
· Ryan Hass, Director, John L. Thornton China Center, Brookings Institution
· Matthew Turpin, Visiting Fellow, Hoover Institution
· Lingling Wei, Chief China Correspondent, The Wall Street Journal
As part of the town hall, there will also be in-person discussions hosted by local network partners.In Atlanta, the Carter Center’s China Focus Initiative, in partnership with NCUSCR, Emory University’s Asia Global Collective, and China Research Center, will feature Jeremy Goldkorn, Editor of the China Week, and Editorial Fellow, ChinaFile, as the keynote speaker. His talk will be on “China in the Age of American Isolation.” The in-person event will be held at Emory University, Math and Science Center, Room E208, in Atlanta, with door opening at 5:15 pm ET. Register for the in-person event: https://bit.ly/3Ym8vJI. Register for the virtual event: https://bit.ly/4lCTyNA
In Washington DC, the US-China Education Trust, in partnership with NCUSCR and Young China Watchers, will feature Sean Stein, president of the US-China Business Council, as the keynote speaker. The in-person event will be held in Room 505, Elliott School of International Affairs, George Washington University in Washington DC, starting at 5:30 pm ET. For more information and to register for the events, visit https://bit.ly/42tDaGn
# # #
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.
April 9, 2025