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#213 TX/FL Land Bills Alerts; Affirmative Action; 3/6 Meeting Summary; AAUC Community Hub

In This Issue #213

·       Alert: Texas State Senator Lois Kolkhorst Introduced Senate Bill 51

·       Florida's Chinese Community Calls for Reform, Repeal of Law that Limits Property Ownership

·       Race-Based Admissions and the Supreme Court: An Asian American Perspective

·       2023/03/06 APA Justice Monthly Meeting Summary Posted

·       AAUC Launches Asian American Pacific Islander Community Hub

·       News and Activities for the Communities



Alert:  On October 9, 2023, Texas State Senator Lois Kolkhorst introduced Senate Bill (SB) 51 relating to the purchase of or acquisition of title to real property by certain aliens or foreign entities.  She was previously the primary sponsor of the discriminatory Texas alien land bill SB 147.  Read the SB51: https://bit.ly/3ROl7qJ.  Read the LegiScan tracking report: https://bit.ly/45r9B7V.

 


Florida's Chinese Community Calls for Reform, Repeal of Law that Limits Property Ownership


According to NPR/WMFE, Florida’s Chinese community held a town hall meeting on September 26, 2023, to call for the repeal or reform of Senate Bill (SB) 264, a law that limits real estate purchase or ownership for some foreign nationals.Over 100 people attended the virtual meeting organized by the Florida Asian American Justice Alliance (FAJAA), which included local and national attorneys, activists, legislators, real estate buyers, sellers, and Florida residents on work and student visas. Most were of Chinese descent, and many said they are already living under the consequences of SB 264.“This bill has made a serious impact on the Asian community in general. It honestly feels like we are all being treated differently,” said Yuyuan Zhang, an Orlando real estate agent born and raised in China.  Zhang said she holds a green card and lives in Orlando with her husband, a U.S. veteran, and their three young children. They have lived in Central Florida since 2016.  Zhang is an only child. She said her parents like to travel from China to visit her and their only grandchildren as much as they can. Due to the pandemic, however, it’s been three years.  The family was excited in the summer of 2022 when Zhang’s parents decided to buy and build a new home in Orlando so they could stay comfortably nearby during long visits. Construction on the house was about halfway through, Zhang said, when SB 264 went into effect, and they were forced to abandon the project.  Zhang’s parents are Chinese nationals, not U.S. citizens or residents, and live in China. They are banned from owning a home for themselves in Florida.For Ethan Hu, a 28-year-old data analyst in Orlando, the law presents another complication. He lives a long drive away from his work office, which was no problem while the company had employees working remotely. However, that policy changed, and Hu was considering buying a condo in downtown Orlando to be closer to work — then SB 264 became a factor.  Even with his H-1B work visa, Hu said buying property feels uncertain and difficult because of all the risks involved.  “If the first version of the bill comes true, I’d no longer be able to stay here. I’d be forced to find another job,” Hu said. “I think I’m allowed to own one property for myself, so yeah, there is a chance for me to stay here, but things are getting worse because they are changing every day. Before that, America was the dream land to chase your dreams and fight for your freedom.”

Clay Zhu is one of the leading attorneys who filed a federal lawsuit against SB 264. He said the verbiage in the law is much too broad and vague for compliance, and that an “honest mistake” could easily land an individual on some felony charges.  “Let’s assume the validity of SB 264, how does an average person comply with it? There are many practical difficulties for people to figure out what is prohibited and what is not,” Zhu said.Orlando-based Attorney Melissa Vickers argued Section 7 of the law is blatantly discriminatory and violates the 14th Amendment as well as HUD’s Fair Housing Act, which prohibits the discrimination of someone trying to buy housing in the U.S. based on their race, nationality, color, religion, sex, gender, marital status, or disability.  “This law alone opens you up for the possibility of having to do jail or prison time, which is extremely scary, for just purchasing a home — not doing anything illegal, not trying to do anything illegal — just for purchasing a home in Florida,” Vickers said.Rep. Fentrice Driskell, Florida House Minority Leader, and Florida State Rep. Anna Eskamani discussed the chances of getting the law either reformed or repealed during the next legislative session.  “Now that the consequences are felt, it provides more ammunition, if you will, to try to change the current statute,” Eskamani said. "What's become clear with this policy is that it was pushed forward based on fear, it is not actually based on any fact. It is not going to keep us safe. It does not stop any type of espionage."Read the NPR/WMFE report: https://bit.ly/46id4Xm

Dangerous laws are being introduced at the state and federal level right now that use "national security" as an excuse to discriminate against immigrants from China. In Florida, for example, Governor DeSantis has banned many Chinese immigrants from buying a house in much of the state – a move that is both unconstitutional and unfortunately, not new.Take one simple step to tell Congress NO to discriminatory land laws: https://bit.ly/3qRsFOh

 


Race-Based Admissions and the Supreme Court: An Asian American Perspective


WHEN: Thursday, October 12, 2023 2:00 pm – 3:00 pm ET

WHAT: Webinar on Race-Based Admissions and the Supreme Court: An Asian American Perspective

HOST: Committee of 100

MODERATOR: Amy Qin. National Correspondent, The New York Times

SPEAKERS: 

·       Gordon H. Chang, Senior Associate Vice Provost for Under Graduate Education and the Olive H. Palmer Professor, Stanford University

·       Sally Chen, Education Equity Policy Manager, Chinese for Affirmative Action (CAA)

·       John C. Yang, President and Executive Director, Asian Americans Advancing Justice (AAJC) | AAJC

DESCRIPTION:  In late June, the U.S. Supreme Court issued its ruling in two high-profile cases on race-conscious college and university admissions policies. This is the third time in the last two decades that the nation’s highest court has heard cases that challenge long-standing attempts to increase diversity on college campuses. The Court’s finding that these policies are unconstitutional will have significant implications on the Asian American community, including how Asian American students should prepare for the college application process.  This panel will discuss various aspects of the historical context surrounding affirmative action, why affirmative action is relevant to the Asian American community, and what the specific case law means for Asian Americans today.

REGISTRATION: https://bit.ly/3LUzOot

 


2023/03/06 APA Justice Monthly Meeting Summary Posted


After delays due to a backlog, the summary for the March 2023 APA Justice monthly meeting has been posted at https://bit.ly/46ogYy1 

We thank the following speakers for their updates and discussions:

·       Nisha Ramachandran, Executive Director, Congressional Asian Pacific American Caucus (CAPAC), on the targeting of CAPAC Chairwoman Judy Chu by GOP members of Congress who questioned her loyalty to the U.S. due to her being of Chinese American origin; the nomination of Acting Labor Secretary Julie Su as the next Labor Secretary; and concerns about alien land laws restricting the property ownership rights of individuals from specific countries being introduced in states across the country

·       John Yang 杨重远, President and Executive Director, Advancing Justice | AAJC, on the negative impact of rhetoric and conspiracies arising from the uncertainties of the U.S.-China relationship; Julie Su nomination; and education equity

·       Gisela Kusakawa, Executive Director, Asian American Scholar Forum (AASF), on preparing for the AANHPI Heritage month; work with federal grant agencies and universities on policies, procedures and disclosures; monitoring incidents of border interception/questioning of AAPI scholars and scientists and their family members; concerns about increase of rhetoric targeting Chinese students in higher education institutions; and the addition of Professor Xiaoxing Xi as a new member of AASF

·       Peter Toren, Attorney at Law; Member of Sherry Chen Legal Team as he reflects on Sherry Chen's historic settlement.  On May 9, 2015, when the New York Times broke the story about Sherry Chen, Peter was quoted: “They came across a person of Chinese descent and a little bit of evidence that they may have been trying to benefit the Chinese government, but it’s clear there was a little bit of Red Scare and racism involved.”  Peter was the first attorney retained by Sherry in her lawsuit against the U.S. government and was an integral part of the Sherry Chen Legal Team that eventually won a settlement with the largest settlement amount paid to an individual by the U.S. Department of Commerce.  APA Justice recognizes Peter's outstanding commitment and achievement.

·       Dr. Helen Shih, a leader of RiseAAPI-Texas, reported on 5 rallies in Texas that were organized by the AAPI community to protest SB 147 in 5 weeks.  

  • Grace Meng 孟昭文, Member of U.S. Congress, shared Democratic leadership’s condemnation of attacks on Congresswoman Judy Chu. She emphasized the importance of allyship between CAPAC and groups such as the Congressional Black Caucus (CBC) and the Congressional Hispanic Caucus (CHC), as well as the communities they represent. Rep. Meng encouraged the AAPI community to continue to push for the inclusion of AAPI, African American, Jewish, and Latino history to feed a more holistic understanding of our shared American story.  Rep. Meng also shared progress on the National AAPI Museum Study Bill signed into law by President Biden in June 2022 and her current work to finalize the Commission to explore the feasibility of establishing, maintaining, funding, and operating such a facility in Washington, D.C. as a potential part of the Smithsonian Institution.

  • Baimadajie Angwang 昂旺, New York Police Department Officer and John Carman, Attorney for Officer Angwang provided an overview of the injustice faced by Officer Angwang when he was wrongfully accused to be a spy for China under the now-defunct "China Initiative."  Officer Angwang shared his personal experience of spending six months in jail while not allowed to meet with his lawyer or family members.  Officer Angwang had served as a Marine in Afghanistan and the Army Reserve.  He became NYPD Officer after returning from Afghanistan.  All charges against him were dismissed in January 2023, but he had not been reinstated by NYPD.  Innocent citizens with Chinese nexus became scapegoats as a result of the government’s racial targeting with the backdrop of increasing U.S.-China tensions.  Officer Anwang called on elected officials, community leaders, and civil rights advocates to take actions to stop the government from using profiling and discriminatory tactics

  • William Colton, New York State Assembly member (District 47) remarked on Officer Anwang’s case and called for needed actions.

Read the March monthly meeting summary: https://bit.ly/46ogYy1. Read past monthly meeting summaries: https://bit.ly/3kxkqxPThe August 2023 monthly meeting summary is scheduled for release in a special edition on Friday, October 13, 2023.  Work on the October meeting summary is in progress.  The May monthly meeting summary is still backlogged at this time.

 


AAUC Launches Asian American Pacific Islander Community Hub


Asian American Unity Coalition (AAUC) has launched a website known as Asian American Pacific Islander Community Hub at https://bit.ly/3FbmpEu.According to Dr. S.K. Lo, Founding and current President of AAUC, "the purpose of the AAPI Community Hub is to connect, collaborate and empower the AAPI community.This project collects relevant information that are important and relevant to the community and have it available to the community at large."A signature product of the Community Hub is a current list of 14,631 AAPI organizations located in the U.S., supported by an interactive map powered by Esri, summary statistics, and pie and bar charts.  By drilling into the Washington DC area as an example, the map shows approximately 800 organizations.  At the most granular level and by clicking on an individual dot on the map, a window appears with information about the name and address of the organization, as well as its purpose, type of organization, asset, revenue, and website if one is available. Visit the interactive map at https://bit.ly/3rDcGnw.  The Community Hub covers additional shared information and services.

 


News and Activities for the Communities


1. Community Calendar 

The APA Justice Community Calendar is located on the front page of the APA Justice website at https://www.apajustice.org/.

Upcoming Events:

  • 2023/10/12 Expert Panel on Open Data for Racial Equity

  • 2023/10/12 C100 Webinar - Race-Based Admissions and the Supreme Court Court: An Asian American Perspective

  • 2023/10/12 The FBI and Chinese Americans - From the Investigation and Defense Frontline

  • 2023/10/15 State Legislature 101 Training

  • 2023/10/15 Rep. Gene Wu's Weekly Town Hall Meeting

  • 2023/10/22 Rep. Gene Wu's Weekly Town Hall Meeting 

  • 2023/10/25-26 President's Advisory Commission Meeting

  • Visit https://bit.ly/45KGyga for event details.

2.  Law360 Report on Professor Franklin Tao's Appeal

According to Law360, the Tenth Circuit appeared skeptical of the government's argument that former University of Kansas (KU) Professor Franklin Tao's "failure to informer his employer he was pursuing a job in China was relevant to federal grant funding decisions, with one judge citing a 'failure of evidence.'"A three-judge panel heard Professor Tao's appeal to vacate his conviction for making a false statement on a conflict-of-interest form to KU.  The paperwork was never submitted on any grant research applications to the Department of Energy or the National Science Foundation. Read the Law360 report: https://bit.ly/3FaHIWU.  The audio portion of the hearing is available here: https://bit.ly/46dOxmc (2:24:52) starting at around 1:45:08. Read Professor Tao's case at https://bit.ly/3fZWJvK and visit his GoFundMe page: https://gofund.me/5bf4adbe

October 9, 2023

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