Newsletter - #186: 6/5 Meeting; Alien Land Bills Update; Xiaoxing Xi v FBI; "NIH China Initiative"; News+ #186: 6/5 Meeting; Alien Land Bills Update; Xiaoxing Xi v FBI; "NIH China Initiative"; News+ In This Issue #186 2023/06/05 APA Justice Monthly Meeting Latest on Discriminatory Alien Land Bills Warrantless Surveillance - Professor Xiaoxing Xi's Lawsuit vs FBI Moves Forward The Other "China Initiative" at The National Institutes of Health News and Events for the Communities 2023/06/05 APA Justice Monthly Meeting The next APA Justice monthly meeting will be held on Monday, June 5, 2023, starting at 1:55 pm ET. In addition to updates by Nisha Ramachandran , Executive Director, Congressional Asian Pacific American Caucus (CAPAC); John Yang 杨重远 , President and Executive Director, Advancing Justice | AAJC; and Gisela Kusakawa , Executive Director, Asian American Scholar Forum (AASF), speakers include: Elizabeth Goitein , Senior Director, Liberty & National Security Program, Brennan Center for Justice at NYU School of Law, on Warrantless Surveillance - Reauthorization of Section 702 of the Foreign Intelligence Surveillance Act (FISA) Clay Zhu 朱可亮 , Partner, DeHeng Law Offices 德恒律师事务所; Founder, Chinese American Legal Defense Alliance 华美维权同盟, with updates on Civil Lawsuit Against Florida Alien Land Law, with comments by Ashley Gorski , Senior Staff Attorney, National Security Project, American Civil Liberties Union (ACLU) and Bethany Li , Legal Director, Asian American Legal Defense and Education Fund (AALEDF) (invited) Haipei Shue 薛海培 , President, United Chinese Americans, with updates on Alien Land Bills and comments by Gene Wu 吳元之 , Member of the Texas House of Representatives. The virtual monthly meeting is by invitation only. If you wish to join, either one time or for future meetings, please contact one of the co-organizers of APA Justice - Steven Pei 白先慎 , Vincent Wang 王文奎 , and Jeremy Wu 胡善庆 - or send a message to contact@apajustice.org . Latest on Discriminatory Alien Land Bills 1. Preemption of Real Property Discrimination Act Introduced On May 25, 2023, Congressional Asian Pacific American Caucus (CAPAC) Chair Rep. Judy Chu (CA-28) and CAPAC Housing Task Force Chair Representative Al Green (TX-09) introduced House Bill 3697 the Preemption of Real Property Discrimination Act . According to the CAPAC announcement , the legislation would preempt at the federal level state laws, like Florida’s S.B. 264, that prohibit or otherwise restrict the purchase of real property of an individual based on their country of citizenship, and tasks the Attorney General and Department of Justice with enforcement.Many states, driven by concerns about national security or commercial influence, have laws that place restrictions on the acquisition or possession of real property by foreign governments or entities. However, a recent law passed in Florida and legislation introduced elsewhere, including Texas and South Carolina, contain flat prohibitions on the purchase or acquisition of real property by the individual citizens of foreign nations. Often, the individuals targeted by these laws are citizens of Russia, North Korea, Iran, and the People’s Republic of China.Laws like Florida’s S.B. 264 are not unique to the present-day. In the 19th century, certain Americans feared that a growing population of Chinese immigrants would steal American jobs, land, and resources. This xenophobia led to the bans of Chinese individuals from land and property ownership in multiple state constitutions, and eventually to the enactment of the Chinese Exclusion Act of 1882. This federal law did not just prevent Chinese individuals from coming to the United States, but also forced Chinese Americans at home to carry papers with them at all times. Just a few decades later, during World War II, lawmakers shifted the target to Japanese immigrants, who were also subjected to exclusionary alien land laws in different states and were incarcerated due to alleged—and never proven—disloyalty.“We cannot repeat these shameful chapters of our past,” concluded Chair Chu. “That is why Congressman Green and I are introducing the Preemption of Real Property Discrimination Act, so that state laws that discriminate against individuals based on their citizenship and encourage racial profiling will be preempted at the federal level. We must ensure that we allow everyone here a fair shot at building a life and achieving their American dream.” According to CAPAC, at least 28 organizations have endorsed the legislation so far, including APA Justice. Federal Preemption: A Legal Primer. According to a report by the Congressional Research Service on May 18, 2023, the Constitution’s Supremacy Clause provides that federal law is “the supreme Law of the Land” notwithstanding any state law to the contrary. This language is the foundation for the doctrine of federal preemption, according to which federal law supersedes conflicting state laws. The Supreme Court has identified two general ways in which federal law can preempt state law. First, federal law can expressly preempt state law when a federal statute or regulation contains explicit preemptive language. Second, federal law can impliedly preempt state law when Congress’s preemptive intent is implicit in the relevant federal law’s structure and purpose. 2. APA Justice Updates Its Tracking of State Alien Land Bills and Laws As of May 28, 2023, APA Justice has identified 33 states to have introduced some form of alien land bills during its current or recent legislative session. Nine states - Arkansas, Florida, Idaho, Indiana, Montana, North Dakota, Tennessee, Utah, and Virginia - have enacted them into laws. Oklahoma sent its bill to the governor for signature on May 22, 2023.Nine other states are still in active legislative session although most states have the option of calling special sessions. At this time, Illinois, Michigan, New Jersey, and New York have showed limited movement with their respective bills. The remaining five states are: Alabama, Arizona, Louisiana, North Carolina, and South Carolina (in special session).In addition to its own research, APA Justice collects, integrates, and updates the tracking information from multiple sources. The updated map and tracking file by state are posted here: https://bit.ly/3oo5zxF . The crowdsourcing methodology is explained here: https://bit.ly/43cSRRt . Readers are encouraged to send their questions, comments, and local updates to contact@apajustice.org . 3. Oklahoma Passes and Sends Senate Bill 212 to Governor According to LegiScan and the Oklahoma Senate , Oklahoma Senate Bill 212 was passed and sent to the Oklahoma Governor for signature on May 22, 2023. No alien or any person who is not a U.S. citizen may directly or indirectly, through a business entity or trust, own land in Oklahoma unless otherwise authorized by current law. The measure requires any deed recorded with a county clerk to include an affidavit executed by the person or entity coming into title attesting that the person, business entity, or trust is lawfully obtaining the land and that no funding source is being used in the sale or transfer in violation of any states’ laws or federal law. The bill further requires an affidavit before a county clerk may record any deed. The attorney general would create a separate affidavit for individuals and for business entities or trusts to comply with this legislation. Businesses engaged in regulated interstate commerce in accordance with federal law would be exempt from this prohibition. 4. Missouri 2023 Legislative Session Ended Without Passing Alien Land Bills Missouri's 2023 legislative session ended on May 12, 2023, without passing any of the eight known alien land and property bills. According to the Kansas City Star on May 19, 2023, most big GOP priorities, including on agriculture, were blocked by filibusters and Republican infighting in the state Senate. Lawmakers are expected to try again early next year. 5. With New “Alien Land Laws” Asian Immigrants Are Once Again Targeted by Real Estate Bans According to Just Security on May 26, 2023, in Congress and in statehouses throughout the United States, lawmakers continue to introduce legislation designed to bar citizens of foreign adversaries from being able to purchase real property. Ostensibly aimed at preventing a short list of enemy governments from controlling the American food supply or spying on military facilities, these laws’ most cited rationale is fear of Chinese Communist Party (CCP) influence on American soil. Sponsors argue that such legislation would safeguard agricultural land, defense, and critical infrastructure from malign foreign influence. However, much of the legislation introduced so far extends well beyond this ambit, restricting even those with no discernable ties to the CCP or other organs of Chinese state power.These bills – which are opposed by groups including the National Asian Pacific American Bar Association - raise significant concerns regarding the balancing of national security equities against civil liberties, federal preemption grounds, and present a host of unintended consequences with the potential to harm the economies of affected states. Opponents of these bills have described such legislation as a revival of unconstitutional anti-Asian land laws — a class of law once called “alien land laws” — and an ongoing threat to the civil rights of all Asian Americans, regardless of ethnic background.Read the Just Security report: https://bit.ly/3OIpwd2 Warrantless Surveillance - Professor Xiaoxing Xi's Lawsuit vs FBI Moves Forward According to multiple media reports including AsAmNews , NBC News , Philadelphia Inquirer , and 星島日報 , Temple University Xiaoxing Xi -- a naturalized U.S. citizen and world-renowned expert in the field of superconductivity -- who was falsely accused of spying for China, will be able to bring a lawsuit against the Federal Bureau of Investigation (FBI). A federal appeals court ruled in favor of Xi, allowing the physicist to move forward with his case against the U.S. government for wrongful prosecution and violating his family’s constitutional rights by engaging in unlawful search, seizure and surveillance. In their 37-page ruling, the Third Circuit judges disagreed with a lower court judge who dismissed the original case, citing legal protections shielding government employees from many types of civil suits. They maintained that while those protections give investigators wide latitude to conduct their work without second guessing by the courts, it did not give them free rein to investigate, search, and prosecute people without probable cause.“I’m very, very glad that we can finally put the government under oath to explain why they decided to do what they did, violating our constitutional rights,” Professor Xi said in an exclusive interview with NBC News . “We finally have an opportunity to hold them accountable.” The case will now be kicked back to the district court, continuing a long legal battle. Xi, who’s represented in part by the American Civil Liberties Union (ACLU), attempted to bring a suit against the government in 2017, alleging that FBI agents “made knowingly or recklessly false statements” to support their investigation and prosecution. Xi also claimed that his arrest was discriminatory, and that he was targeted due to his ethnicity, much like other scholars of Chinese descent. A district court dismissed his case in 2021, but Xi appealed the decision last year. With the recent decision, Xi said he hopes more Asian Americans will become more activated and hold those in power accountable. “For Chinese, it used to be that people try to keep quiet and just move on with their life and just don’t do anything, don’t say anything. But now I can see that more and more people are willing to speak up,” Xi said. “I hope what I have been doing has, in some way, encouraged people to do that and of course take legal action against the government — that’s another big step on top of speaking up.” According to a press release by ACLU on May 24, 2022, the Xi family will ask the court to award damages against the U.S. government and to hold that the FBI violated the family’s constitutional rights against illegal searches and surveillance. As the complaint explains, the government used Section 702 of the Foreign Intelligence Surveillance Act to spy on Professor Xi without a warrant — in direct violation of his Fourth Amendment rights.Read the Xiaoxing Xi story: https://bit.ly/APAJ_Xiaoxing_Xi The Other "China Initiative" at The National Institutes of Health In March 2023, Science published an investigative report by Jeffrey Mervis that not only chronicled five cases of individuals, mostly Chinese or of Chinese descent, whose research careers were disrupted or ended by personnel actions taken by the US National Institutes of Health (NIH), but also provided an account of NIH's secretive and widespread "China Initiative" that was conducted in parallel to the Department of Justice's "China Initiative." On May 25, 2023, Science published an open letter titled " US 'China initiatives' promote racial bias ." The 15 authors represent thousands of members of the Society of Chinese Bioscientists in America, the Asian American Scholar Forum, the Chinese American Hematologist and Oncologist Network, and the Chinese Biological Investigators Society. "Hundreds of Chinese American scholars’ lives and careers have been disrupted or ruined, the letter said. "Both scientists and nonscientists in the United States must remain vigilant to ensure that history does not repeat itself.""Tensions between the United States and China are likely to increase, but Chinese Americans should not be treated as collateral damage. Systems that promote bigotry against individuals of any ethnic background should not be tolerated and have no place within the US government. The United States, as a leader in science and technology, must adhere to the principles that foster a culture of inclusion, diversity, and equity. This focus will help attract the best and brightest talents from abroad, including China. The NIH policies described in the News story have negatively affected Asian Americans and eroded U.S. leadership in science and technology."It was not coincidence that Michael Lauer , the NIH official most closely associated with the NIH "China Initiative," invited Science Editor-in-Chief Holden Thorp to visit him after Thorp's editorial on "Eroding Trust and Collaboration" and Mervis' report came out in March. In his editorial on May 25, 2023 , Thorp described his off-the-record session with Lauer that was followed by an on-the-record interview and a letter by Lauer and his colleague Patricia Valdez . Lauer's sudden openness is encouraging, but it is too little and too late for those who have already been ruined or adversely impacted. They have yet to be heard. We heard the story of Li Wang in Mervis's report. Within a week of receiving an email from Lauer on November 6, 2018, University of Connecticut (UConn) officials had removed Wang -- a tenured professor of physiology and neurobiology -- from her NIH grant and denied her access to the mice she used to study liver metabolism.But UConn senior administrators soon decided NIH’s claims that Wang held a position at Wenzhou Medical University and had received a grant from the National Natural Science Foundation of China did not hold up. “There is sufficient evidence to show that Dr. Wang is not formally affiliated” with Wenzhou, UConn’s then–vice president for research, Radenka Maric , wrote Lauer on November 21, and that the grant “was in fact awarded to a different Li Wang.” Through a Freedom of Information Act (FOIA) request, Mervis reported that Lauer was not willing to accept those results. Instead Lauer suggested UConn officials to contact the FBI. There was no parallel criminal action by the Department of Justice in this case to tie Lauer's hands. Wang was forced to resign on September 19, 2019. She was lucky to find another way to fight back: A collective bargaining agreement gives UConn faculty the right to seek outside, binding arbitration in employment disputes. The quasi-judicial process, which includes testimony from both sides, was conducted by the American Arbitration Association (AAA), and in November 2021 its arbitrator ruled in Wang’s favor. In a 56-page decision, AAA ordered UConn to pay Wang $1.4 million in compensation for being suspended and terminated “without just cause.”Wang declined to speak with Science , and her lawyer said a nondisclosure agreement prevents him or Wang from discussing the case. Was Li Wang counted by Lauer as a success statistic of the "NIH China Initiative?" How many Li Wangs are involved in the "NIH China Initiative?" How many of them cannot speak up and tell their stories because of nondisclosure agreements and fear of further damage? Independent reviews and reforms to present policies and practices are needed to provide realistic assurance and prevent future recurrence. The nomination of a new NIH Director is an opportunity to have a fresh start and restore the lost trust and credibility in NIH for the good of U.S. leadership in science and technology. So is a possible congressional directed study by the National Academy of Public Administration. NAPA Issues 2022 Annual Congressional Report On May 22, 2023, the National Academy of Public Administration (NAPA) released its 2022 Annual Congressional Report. NAPA is an independent, nonprofit, and non-partisan organization established in 1967 and chartered by Congress in 1984. NAPA President and CEO, Terry Gerton , talked about some of the report's highlights in a video, highlighted by the NAPA vision for a just, fair, inclusive government that strengthens communities and protects democracy. NAPA offers the public administration expertise of nearly 1,000 Academy Fellows — including former cabinet officers, Members of Congress, governors, mayors, and state legislators, as well as prominent scholars, career public administrators, and nonprofit and business executives — in producing independent research, trusted thought leadership, and strategic advice to government leaders at all levels. Social equity including increased diversity, equity, inclusion and accessibility across government is a major focus and serves as the Academy's top strategic goal. NAPA also strives to increase intergovernmental collaboration, expand agile government practices, and grow philanthropic support for its work. Read the 2022 NAPA Annual Congressional Report: https://bit.ly/3OBi6s0 . Watch the video: https://bit.ly/3MzFmUE (3:38). News and Events for the Communities 1. Columbus Asian Festival and Distribution of Yellow Whistles The Columbus Asian Festival kicked off with a Dragon Boat Race in Columbus Downtown's Bicentennial Park on May 21, 2023. Twenty teams competed for the winner’s trophy. Each team had twenty people. There were performances at the park's amphitheater. About 2,000 people were at the opening event. Vincent Wang , Co-Organizer of APA Justice and Chair of both Asian American Coalition of Ohio and Ohio Chinese American Association, is an organizer of the festival. There was also a tent at the festival to distribute yellow whistles and register voters. The Columbus Asian Festival is arguably the largest in the nation, drawing 150,000 over the Memorial Day weekend every year. The in-person event was cancelled for three years due to COVID. Additional pictures of the opening event: https://photos.app.goo.gl/ZCg9bE4gUmLJLtjs7 2. Meet Ming-Tung “Mike” Lee - Newly Appointed President of Sonoma State University On May 24, 2023, the California State University (CSU) Board of Trustees appointed Ming-Tung “Mike" Lee to serve as president of Sonoma State University. Lee has served as the university's interim president since August 2022. Lee joined Sonoma State in 2022 after a long and distinguished career at Sacramento State where he led university divisions on different occasions. Lee earned a bachelor's degree in literature from Tunghai University in Taichung, Taiwan, and a master's degree in international commerce and a Ph.D. in business administration from the University of Kentucky. Read the CSU announcement: https://bit.ly/424gTga 3. Meet Helen Xia - One Woman Fought Bigotry and Helped Change the Way Asian Americans See Themselves According to the Los Angeles Times on May 24, 2023, Helen Zia 谢汉兰 -- journalist, writer, activist -- fought with her father to go to college. She went on to become one of the first women to graduate from Princeton in 1973. While there, she successfully lobbied to start an Asian American Students Association. A few years later, she demanded that authorities in Detroit handle the slaying of a Chinese American man, Vincent Chin , as a hate crime. Later, her books and articles would showcase the violence and discrimination faced by Asian Americans. “Where we are today,” she continued, “is a consequence of so many things that we, some of us, have been predicting for some time.” Among those changes is the growing numbers of people of color, which some members of society find threatening. To Helen, the important thing is her work, not herself. “I’m an example of speaking up,” she said. “Never a role model.” In January 2002, she co-authored with Wen Ho Lee My Country Versus Me, which reveals Lee's experiences as a Los Alamos scientist who was falsely accused of being a spy for the People's Republic of China in the "worst case since the Rosenbergs." Read the Los Angeles Times report: https://lat.ms/42bQXio and visit her personal website . 4. Meet Joe, Mathias, and Stephenson - Asian Americans in Major League Baseball On May 23, 2023, MLB.com reported that on April 21, 2023, Connor Joe , Mark Mathias and Robert Stephenson combined to, in the words of Mathias, “put on for the community.” Joe, who identifies as Chinese American, reached base four times and scored twice. Mathias, who also identifies as Chinese American, recorded a two-run single. Stephenson, who identifies as Filipino American, pitched a scoreless seventh inning, recording his third hold. On this night, three Asian American men donning the black and gold played roles in a 4-2 Pirates win -- a win that served as a testament to the increasing influence of Asian Americans not just in baseball, but sports as a whole. Joe, Mathias and Stephenson are among the many Asian Americans who have played in the Majors this season, a list that includes names such as Christian Yelich , Lars Nootbaar , Anthony Volpe , Travis d’Arnaud , Kolten Wong and Steven Kwan . The presence of Asian Americans in Major League Baseball dates back to 1956, when Bobby Balcena (Filipino American) became the first Asian American to play in the league. In 1983, Lenn Sakata (Japanese American), became the first Asian American to participate in -- and win -- a World Series. In 2008, Don Wakamatsu became MLB’s first Asian American manager. Dave Roberts and Travis Ishikawa (Japanese American) orchestrated two of the millennium’s most memorable postseason moments. Read the MLB.com report: https://atmlb.com/429j1mG Subscribe to The APA Justice Newsletter Complete this simple form at https://bit.ly/2FJunJM to subscribe. Please share it with those who wish to be informed and join the fight. View past newsletters here: https://bit.ly/APAJ_Newsletters . Back View PDF May 29, 2023 Previous Newsletter Next Newsletter

Newsletter - #46 "China Initiative"; Twitter; US House Testimony; Webinars; Student Stats; Hate Crimes #46 "China Initiative"; Twitter; US House Testimony; Webinars; Student Stats; Hate Crimes Back View PDF March 1, 2021 Previous Newsletter Next Newsletter

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Newsletter - #198 8/7 Meeting; Fear Over New US Laws Banning Property Ownership; China Initiative Legacy #198 8/7 Meeting; Fear Over New US Laws Banning Property Ownership; China Initiative Legacy In This Issue #198 2023/08/07 APA Justice Monthly Meeting "Can we move?" - Chinese Residents Fearful Over New US Laws Banning Property Ownership Axed China Initiative’s Racial Profiling Legacy Haunts Scientists in US 2023/08/07 APA Justice Monthly Meeting The next APA Justice monthly meeting will be held via Zoom on Monday, August 7, 2023, starting at 1:55 pm ET. In addition to updates by Nisha Ramachandran , Executive Director, Congressional Asian Pacific American Caucus (CAPAC); John Yang 杨重远 , President and Executive Director, Advancing Justice | AAJC; and Gisela Perez Kusakawa , Executive Director, Asian American Scholar Forum (AASF), speakers will include: Clay Zhu 朱可亮 , Partner, DeHeng Law Offices 德恒律师事务所; Founder, Chinese American Legal Defense Alliance 华美维权同盟, to report on the latest developments of the lawsuit against Florida's discriminatory alien land law Echo King 金美声 , President, Florida Asian American Justice Alliance (FAAJA), to provide on-the-ground reports about the July 18 court hearing, press conference, and protests in Tallahassee; and a report by Jenny Liu 刘洁 , President, Yick Wo Institution 益和学会 Cynthia Choi , Co-Executive Director, and Shanti Prasad , Advocacy Manager, Chinese for Affirmative Action (CAA), to give a brief introduction of CAA and its recent roles and activities in alien land laws, warrantless surveillance/reauthorization of Section 702, anti-Asian hate, and related topics Christine Chen , Executive Director, APIAVote, to give a brief introduction of APIAVote, observations on the communities' reaction to the alien land bills/laws, introduction of laws in some states criminalizing those who assist voters (AP report: https://bit.ly/3NM9z3s ), and APIAVote plans for the upcoming 2024 elections The virtual monthly meeting is by invitation only. If you wish to join, either one time or for future meetings, please contact one of the co-organizers of APA Justice - Steven Pei 白先慎 , Vincent Wang 王文奎 , and Jeremy Wu 胡善庆 - or send a message to contact@apajustice.org "Can we move?" - Chinese Residents Fearful Over New US Laws Banning Property Ownership According to the Guardian on July 26, 2023, a Florida law barring certain foreign nationals from buying property has brought confusion, thoughts of moving and protests. Earlier this year, Fort Lauderdale resident Yulin Wu ’s white co-workers told her not to worry about a Florida bill that would prohibit some Chinese people and entities from acquiring real estate. She had heard about the proposed legislation on Chinese-language social media.On May 8, Governor Ron DeSantis signed Senate Bill (SB) 264 into law, a measure that bars almost all property ownership for people or entities from various “countries of concern” including China, Cuba, North Korea and Russia. Under the law, they cannot buy property with some exceptions; individuals who hold a non-tourist visa or have been granted asylum can buy a residence of less than 2 acres (0.8 hectares) if it is at least 5 miles (8 km) away from a military base or “critical infrastructure”. The law singles out Chinese people with higher penalties for violation, but it does not apply to those who are naturalized US citizens or who have legal permanent “green card” residency.Wu said: “I don’t understand why this law passed. It definitely changed my feelings about Florida and the United States. I’m not welcome here.”That sentiment is echoed by many Chinese residents in the US as laws banning foreign property purchases, most targeting Chinese people, have proliferated around the nation. According to the advocacy group APA Justice , 33 states have proposed or enacted similar bans against ownership of real estate by people of specific national origins. As legislators have revised their bills to address arguments that they are bigoted, some have added exceptions for lawful permanent residents who hold green cards.Many Chinese residents in the United States, like Wu, are alarmed by this latest anti-Chinese development, and some are becoming activists.Wu, the first in her family to attend college, spoke to the Guardian via phone while visiting New York City. She’s now mulling a move there. Wu settled in Florida just two years ago, passed the bar exam and landed a job. Wu bought a townhome as an investment property just before Florida’s SB 264 was passed, and she wonders now whether she will be forced to sell it. The land of anyone who buys or sells property in violation of the law could be seized by the government. Wu’s townhome is located near an airport, and she’s unsure whether such an area is off-limits under the law. Gabriel Chin , a law professor at the University of California, Davis, said this latest trend follows a long history of “alien land laws”. Florida’s alien land law was only repealed in 2018, making it the last state to do so. Chin led his students in an effort to undo similar laws that remained on the books.At a July 18 court hearing in which a judge considered blocking the law, Chinese Americans demonstrated , some traveling from around the country. Zhengfei Guan is a University of Florida professor who has organized protests against the new law. He immigrated to the US in 2006. He noted that recently, “My daughter was asking, ‘Can we move?’” The 17-year-old, who is a US citizen, fears the increasingly hostile environment for people of Asian descent.He and Wu, the Fort Lauderdale lawyer, see the Florida measure as one component of the Chinese-US conflict, along with a trade war, accusations about the origins of Covid and violent attacks on Asian people. According to Guan, he and fellow Chinese academics have been adversely affected by China-fighting rhetoric and professional discrimination through the US justice department’s “China Initiative”. Discontinued last year, that federal effort investigated researchers under the theory that spies in unconventional places were sharing valuable intelligence data with Beijing. Even though Florida would allow Guan’s children, as citizens, to buy a house there, he perceives the property ban as part of a pattern of bias.This new batch of alien land laws has sparked confusion and thoughts of relocation, but also coalition building across the nation. Steven Pei , a Taiwanese immigrant and electrical engineering professor in Houston, flew to Tallahassee for last week’s court proceeding. Although naturalized, he observed: “Nobody can tell if I am a citizen or not. I have to prove it?”Pei credited Black politicians, especially US Representative Al Green of Texas, for key support in defeating that state’s version of an alien land law in May. Pei said: “He organized the major rallies here … and what really touched me is he has been meeting [ethnic] leaders every Saturday since March.” Green encouraged the formation of a new non-partisan Multicultural Advocacy Coalition that Pei said includes African Americans and Latinos alongside Asian Americans. Green himself said: “I’m concerned we not discriminate based on where you are from.” Recalling segregated facilities and having to step off the sidewalk if a white person were approaching during Jim Crow, he added: “I was unfortunate enough to be born a son of the segregated south. I know what discrimination is like. There are many things I lived through I would not want us to return to.”Read The Guardian report: https://bit.ly/3qf8itW . U.S. Senate Approves Amendment to FY2024 National Defense Authorization Act. According to Forbes and other media reports, the Senate voted 91-7 on July 25, 2023, to prevent China, Russia, North Korea and Iran from purchasing U.S. farmland—part of a bipartisan push to scrutinize adversaries’ business dealings in the United States. The proposed rule—passed as an amendment to the annual defense budget bill—would require the president to review farmland transactions from those four countries, and block any deals that would give a foreign entity from any of the countries “control” of U.S. farmland and waive those that don’t.The measure would also give the Committee on Foreign Investment in the United States, commonly known as CFIUS, the power to evaluate land deals, using data from the Department of Agriculture, and block those deals if it sees fit (CFIUS already evaluates other transactions with foreign actors).Prior to this amendment being attached, the bill was narrowly passed by the Republican-led House earlier this month, but that version included a number of conservative priorities related to abortion, transgender care and other hot-button issues that are unlikely to be accepted by the Democrat-controlled Senate. The Senate bill will return to the House for debate and a vote with the new amendments.Read the Forbes report: https://bit.ly/3DwWoPn After the Senate vote, Senator Chris Van Hollen (D-MD) provided a v ote explanation , which says in part: "As written, the language [of Rounds amendment No. 813 to S. 2226, the FY24 National Defense Authorization Act] seems to equate individuals from the specified countries as synonymous with their governments. Under this provision, if an individual with a valid visa, who has no connection to one of the governments listed, seeks to buy agricultural property above a certain threshold, the U.S. Government would deny them the ability to proceed with the purchase simply because of their national origin. While the national security concerns this amendment seeks to address are real, we must not discriminate on individuals based on national origin, race, or ethnicity. I voted in favor of my colleagues' amendment in order to continue the conversation on this important issue, but will not support any final provision that does not resolve these civil liberties concerns." Axed China Initiative’s Racial Profiling Legacy Haunts Scientists in US According to the South China Morning Post on July 25, 2023, physicist Xiaoxing Xi ’s life changed forever when a team of armed FBI agents burst into his home in Philadelphia and rounded up his family at gunpoint.Xi was arrested and charged with sharing sensitive US company technology on May 21, 2015 – three years before the Donald Trump administration launched its controversial China Initiative targeting scientists in the US for perceived connections with Beijing.The charges against Xi – who was accused of trying to transfer information to China about the design of a pocket heater – were dropped four months later, but not before he lost his position as chairman of the physics department at the Philadelphia-based Temple University. During the FBI’s investigation, Xi was also not allowed to appear on campus, apply for research grants or talk to his students, even privately.“That’s a very traumatic experience,” Xi said the US government’s case was based on four emails sent from his Temple University address that had nothing to do with the pocket heater.Xi’s ordeal took place under former president Barack Obama , but the Trump administration’s initiative vastly broadened the scope of later investigations into scientists of Chinese heritage in the US.About 150 academic scientists were openly investigated and two dozen hit with criminal charges before the initiative was eliminated by the justice department in February 2022. But the scrutiny has never stopped and there is little sign that the Joe Biden administration is doing enough to repair the damage, scientists of Chinese heritage have told researchers.The China Initiative, touted as a response to “economic espionage” by Beijing, was heavily criticized at the time as “unconstitutional” by the American Civil Liberties Union, which said it was based on racial profiling because it “singled out scientists based on their race, ethnicity or national origin”.A lasting impact of the initiative is the widespread fear still reported by many scientists with Chinese heritage, according to a study by researchers from Princeton University, Harvard, and the Massachusetts Institute of Technology (MIT).The study, published last month in the National Academy of Sciences peer-reviewed journal PNAS, found general feelings of fear and anxiety had led many of the scientists to consider leaving the US or refrain from applying for federal grants. Before he became a target for the FBI, Xi’s research was funded by nine federal grants and he had 15 people on his team. Today, Xi receives one grant for a much smaller focus of study, with just one researcher to help him.MIT mechanical engineering professor Gang Chen – who was arrested in January 2021 under the China Initiative and had his charges dismissed one year later – said he was afraid to apply for federal grants because of anxieties around being racially profiled.“Basically, I’m done with federal funding,” Chen told NBC Asian America in August. He has also shifted from nanotechnologies with obvious commercial applications to more fundamental research, according to the February edition of Nature .Another study, published in March by The Review of Higher Education , found a “consistent and statistically significant pattern” of racial profiling of Chinese and other Asian scientists.The researchers – from the University of Arizona and Committee of 100, a Chinese-American non-profit – surveyed about 2,000 scientists from the top US research universities and concluded that concerns about racial profiling remained, despite the end of the China Initiative.Lead author Jenny Lee said there was no sign of “any governmental action to undo the harmful effects” of the China Initiative.One Chinese-American scientist who recently returned to China, because of the initiative’s impact, said the aim of the initiative had been to create fear among scientists, as part of a US effort to contain China’s scientific progress.“[The US] has achieved its purpose. US-based scientists are coming back to China and those in China are afraid to go back to the US,” said the scientist, who requested anonymity because of the subject’s sensitivity. “It’s happening every day.”But some experts argue that cutting off relations with Chinese academia undermines Washington’s intention of competing and winning a technology race against Beijing. Junming Huang , an associate research scholar at Princeton University and co-author of the PNAS study, said the US should “continue to welcome and attract Chinese scientists to maintain [its] global leadership in science and technology in the long run”.“A key lesson we can learn from the China Initiative is we cannot apply a broad brush to solve problems and apply policies. We need surgical precision and data-based solutions that offer genuine steps moving forward to tackle specific problems,” he said.Despite the challenges reported by scientists of Chinese heritage in the US, not everyone is returning to China.Meanwhile, Xi’s efforts to seek redress from the courts for his experience continues. A lawsuit filed against the lead FBI agent and others in 2017, alleging that they “made knowingly or recklessly false statements” to support their investigation and prosecution was dismissed by a district court in 2021.Xi appealed the decision last year and in May the Third Circuit Court of Appeals ruled his case had been wrongfully dismissed. Xi and his family are waiting to see if the US government will appeal the ruling and move the case forward, he said. In written testimony presented in 2021, Xi said that “whether the US and China are in a cold war or hot war, it is wrong for law enforcement to profile Chinese scientists based on where they come from”.“All Chinese professors, scientists and students are not non-traditional collectors, or spies, for China,” he said.Speaking to the South China Morning Post last week, Xi said the China Initiative had been based on the assumption that Chinese scientists were “suspected of spying for China”. “That’s the fundamental reason for all these cases and all the investigations that have happened … In a sense, ‘presumed guilty until proven innocent’. This condition has not changed,” he said. Read the South China Morning Post report: https://bit.ly/3rCJixk Back View PDF July 31, 2023 Previous Newsletter Next Newsletter

Newsletter - #164 Austin/Dallas Rallies; 2/6 Monthly Meeting; Fred Korematsu; America v America; Census #164 Austin/Dallas Rallies; 2/6 Monthly Meeting; Fred Korematsu; America v America; Census In This Issue #164 Rallies in Austin and Dallas to Protest Texas Senate Bills 147 and 552 2023/02/06 APA Justice Monthly Meeting 85 Organizations Signed On to Letter to Honor Fred Korematsu America Against America: Anti-Chinese Racism in the Race for Talent Initial Proposals for Revising the Federal Race and Ethnicity Standards Rallies in Austin and Dallas to Oppose Texas Senate Bills 147 and 552 On January 29, 2023, hundreds of people from Austin and Dallas rallied to voice their opposition toward two Texas senate bills that unjustly target Chinese Americans.According to the Dallas Morning News , multiple organizations with ties to the Chinese American community have planned rallies in major Texas cities to protest the proposed legislation after Gov. Greg Abbott expressed his support for Senate Bill 147 on Twitter. Democrats in the state held a news conference last week to denounce Senate Bill 147 and described it as racist and unconstitutional. The Senate bills have elicited outrage from Chinese Americans in North Texas, who have large enclaves in multiple cities, including Plano, Richardson, Irving and Allen. More than 250 people showed up to the January 29 rally, which was held at John F. Kennedy Memorial Plaza. Hailong Jin , board director of the DFW Chinese Alliance, which hosted the rally, said the bills are a painful reminder for the Chinese American community of the country’s past anti-Chinese legislation, such as the Chinese Exclusion Act and California’s “Alien Land Law.” “You pass this law, other states will follow and anti-Asian hate will increase in this country — definitely,” Jin said.Plano City Council member Maria Tu , who spoke to attendees of the rally, called on Austin lawmakers to do right by their Chinese American constituents and to fight against the Senate bills. “I’m here today, not to represent any political position or stance,” Tu said. “I am here because I am Chinese, American, and I’m Texan.” Tu was joined by other local elected officials, including Democratic state representatives Carl Sherman , DeSoto , and Rafael Anchía , who urged attendees to continue speaking out against the bills and to make their voices heard by lawmakers in Austin.Read the Dallas Morning News report: http://bit.ly/3DAdcFD On January 30, 2023, the Austin American-Statesman reported that hundreds gathered at the Texas Capitol to protest Senate Bill 147.According to the report, for activist Helen Shih , hearing about Senate Bill 147 — a proposal to bar citizens of China, Iran, North Korea and Russia from buying property in Texas — was stressful in a week filled with preparations for Lunar New Year events. The week also ended in grief after a mass shooting at a Lunar New Year celebration in Monterey Park, Calif."So it's like all of these things were happening simultaneously, and it was extremely stressful," said Shih, a member of the Rise AAPI board and an adviser to the United Chinese Americans board.Shih said SB 147 discriminates against the very people trying to flee oppression in those countries and find safety in America. Being able to buy a condominium or a small home helps people build a life here, the Houston-area activist said. She helped Austin activists organize a rally at the Capitol after co-organizing protests in the Houston area.Community organizations including United Chinese Americans, the Austin Chinese Engineers Society and the Asian Americans Leadership Council organized the rally. State Reps. Gene Wu , D-Houston, and Vikki Goodwin , D-Austin, and Austin City Council Member Zohaib "Zo" Qadri spoke at the demonstration.Austin resident Sheng Peng said the rally was not just about protesting SB 147, but about raising alarm against these kinds of proposals, which might further provoke hatred and violence against Asians. Peng said that even if you are an American citizen, you are not safe from discrimination, stoked by SB 147, as long as you look Chinese. "And it's not good for the country," Peng said. "It's already a divided country. It will deepen the division further. So that's what this is about. It's not about a political game. It's about human rights. It's about the whole society." Read the Austin American-Statesman report: https://bit.ly/3Rv 2023/02/06 APA Justice Monthly Meeting The next APA Justice monthly meeting will be held on Monday, February 6, 2023. Speakers include: Nisha Ramachandran , Executive Director, Congressional Asian Pacific American Caucus (CAPAC), to provide updates on the latest developments and activities of CAPAC John Yang 杨重远 , President and Executive Director, Advancing Justice | AAJC review 2022 to provide updates on the Anti-Profiling, Civil Rights & National Security Program and related Activities Gisela Kusakawa , Executive Director, Asian American Scholar Forum, to provide updates on AASF activities Les Wong , President Emeritus, San Francisco State University, and Frank Wu 吴华扬 , President, Queen's College, City University of New York, will report on the latest development of forming a network of Asian American university presidents/chancellors. Michele Young , Attorney, Michele Young Law; Member of Sherry Chen Legal Team will reflect on Sherry Chen's fight for justice and historic settlement. Gene Wu 吳元之 , Member, Texas House of Representatives, has been a leading voice for Asian Americans and other communities across Texas in opposing Texas Senate Bill 147. As part of the expansion of the Chinese Exclusion Act of 1882, California enacted the Alien Land Law in 1913, barring Asian immigrants from owning land. Other states followed with their discriminatory laws restricting Asians’ rights to hold land in America. These laws remained in place until the 1950s, some even longer. What do we know about Texas SB 147 and its implications? Rep. Wu . Please join this important discussion. The virtual monthly meeting is by invitation only. If you wish to join, either one time or for future meetings, please contact one of the co-organizers of APA Justice - Steven Pei 白先慎 , Vincent Wang 王文奎 , and Jeremy Wu 胡善庆 - or send a message to contact@apajustice.org . Read past monthly meeting summaries here: https://bit.ly/3kxkqxP . 85 Organizations Signed on to Letter to Honor Fred Korematsu On January 30, 2023, Demand Progress Action and the Fred T. Korematsu Institute announced that a coalition of 85 civil society organizations called on Congress to support a new bicameral legislative package introduced by Senators Hirono and Duckworth and Reps. Takano and Tokuda to recognize civil rights hero Fred Korematsu for his activism against US incarceration of American citizens and residents of Japanese ancestry in concentration camps during World War II. APA Justice is one of the co-signers of the letter.Specifically, the broad coalition sent a letter to Senators Hirono and Duckworth and Reps. Takano and Tokuda endorsing: Fred Korematsu Congressional Gold Medal Act , which would prohibit detention or imprisonment based solely on an actual or perceived protected characteristic of an individual. Recognizing the importance of establishing a national "Fred Korematsu Day of Civil Liberties and the Constitution," which will help to ensure that Fred Korematsu's legacy is remembered and honored and that the lessons of the internment are not forgotten. Korematsu-Takai Civil Liberties Protection Act, which will honor Fred Korematsu for his decades-long fight for justice, and will serve as a powerful reminder of the importance of protecting civil liberties for all Americans. Read about the Fred Korematsu story Fred T. Korematsu Institute: Fred Korematsu's Story 2017/01/30 Smithsonian Magazine: Fred Korematsu Fought Against Japanese Internment in the Supreme Court… and Lost America Against America: Anti-Chinese Racism in the Race for Talent On January 30, 2022, Alex Liang , Yale University's 2022-2023 Fox International Fellow at the Australian National University, posted an article titled "America Against America: Anti-Chinese Racism in the Race for Talent."According to the article, while President Xi Jinping laid out his vision for China at the 20th National Congress of the Communist Party of China (CPC) in October 2022, sitting quietly behind him was the introverted and discreet professor-turned-politician who crafted ‘Xi Jinping Thought’: Wang Huning 王沪宁 . Since the late 1990s, Wang has served three General Secretaries at the highest levels and is China’s top ideologue, or political theorist. In his 1991 book America against America , then-Professor Wang focused on contradictions and conflicts in American society and predicted America’s fall due to domestic strife. He called out America’s systemic racism writing that racial discrimination, particularly against Black Americans, was potentially ‘the biggest social problem’ and may ‘eventually become a fatal problem’. Today, his government is leveraging America’s racial challenges in the race for scientific talent.In the final days of the Trump Presidency, in January 2021, the US Attorney for Massachusetts charged Professor Gang Chen 陈刚 with grant fraud and making false statements, felonies that could have landed Chen twenty years in prison. Chen immigrated to the United States from China over thirty years ago and has been an American citizen for over two decades. Yet, at the press conference announcing the charges against Chen, the US Attorney, Andrew Lelling, said they "were not just about greed, but about [Chen’s] loyalty to China." A year later, its case fell apart and the government dropped all charges. Chen was vindicated. "We thought we had achieved the American Dream…until this nightmare happened," Massachusetts Institute of Technology Professor Gang Chen said in February 2022.Questioning Chen’s loyalty to his country was not only insulting to him and other Chinese Americans. It may also have long-term strategic consequences for America’s race for talent. The US Attorney’s ‘loyalty’ comment fed into a long-standing stereotype that casts Chinese Americans ‘as inherently foreign and therefore not truly “American”’ — the perpetual foreigner stereotype. Chen is not alone. During the September 2021 trial of Professor Anming Hu 胡安明 of the University of Tennessee Knoxville, US law enforcement agents admitted to falsely accusing him of spying for China, using false information to surveil him and his teenage son for two years, and trying to convince Hu to become an American spy. Ultimately, a court found Hu innocent. Reflecting on the ordeal, he said, ‘It was the darkest time of my life.’Both Chen and Hu belong to an unfortunate group of ethnically Chinese scientists who became victims of the Department of Justice’s (DOJ) "China Initiative." This outraged both the Asian American and scientific communities. Randy Katz , Vice Chancellor for Research at the University of California Berkeley went so far as to say that these investigations were "conducted in a manner that does not adhere to our American values." The "China Initiative" and its consequences threaten America’s preeminence in science and technology as it has forced people to ask the question of who can attain the American Dream.Although the Biden Administration ended the "China Initiative" in February 2022, it had a "chilling" effect that lingers in American academia. As Xi Jinping continues to promote his "China Dream" narrative in China, racial discrimination in America imperils the very values that define America. To dispel the "American nightmare" narrative, the American Dream has to be seen as attainable regardless of background or skin color. As with China’s rise we enter a new age of great power competition, Western liberal democracies should not shy from, but should instead double down on these values, including respect for civil rights and freedom from racial discrimination. If we do not, Wang may ultimately be proven right.Read Alex Liang's article: http://bit.ly/3jozh2P Gordon Chang on A Long History of Insecurity, Fear, Vulnerability among Asian American Communities. In an interview conducted by Stanford News , Gordon Chang 张少书 , Olive H. Palmer Professor in Humanities in the School of Humanities and Science, talked about the recent tragedies in Monterey Park and Half Moon Bay as part of a long history of violence inflicted upon Asian Americans. “Asian Americans in American history have often been seen as quiet and unassuming. Some believe this makes them easy targets for assault, insult, and robbery, and that they won’t respond,” Chang said. “But there is a contrary narrative, which is that Asians can be cruelly violent, irrational, and dangerous – for example, in films such as Apocalypse Now , Kill Bill , Chinatown , and Gran Torino . I fear that these recent incidents will stimulate further anti-Asian fears and cycles of further prejudice and violence.” It’s now up to all of us to think about how to address gun violence and other injustices, he added. Read the Stanford News interview: https://stanford.io/3jqShOh Initial Proposals for Revising the Federal Race and Ethnicity Standards On January 26, 2023, the Office of the Chief Statistician announced that it is taking a key step forward in its formal process to revise OMB’s (Office of Management and Budget) statistical standards for collecting and reporting race and ethnicity data across Federal agencies (Directive No. 15) by publishing an initial set of recommended revisions proposed by an Interagency Technical Working Group. Those initial proposals include: Collecting race and ethnicity together with a single question; Adding a response category for Middle Eastern and North African, separate and distinct from the “White” category; and Updating SPD 15’s (Statistical Programs and Standards) terminology, definitions, and question wording. Input from non-governmental stakeholders and the public will help guide the Working Group as it continues to refine and finalize its recommendations. The White House encourages everyone to provide your personal thoughts and reactions on these proposals, including how you believe they may affect different communities, by April 12, 2023. Read the announcement and how you can provide input and participate in the process: http://bit.ly/3jrDwLa Read NPR's report for additional background and context: https://to.pbs.org/3JBE0J7 Subscribe to The APA Justice Newsletter Complete this simple form at https://bit.ly/2FJunJM to subscribe. Please share it with those who wish to be informed and join the fight. View past newsletters here: https://bit.ly/APAJ_Newsletters . Back View PDF February 2, 2023 Previous Newsletter Next Newsletter

Newsletter - #281 Rejecting China Consensus; Balanced Policies; Alarm on Anti-Asian Laws; Newsletters; + #281 Rejecting China Consensus; Balanced Policies; Alarm on Anti-Asian Laws; Newsletters; + In This Issue #281 · The Case Against the China Consensus · A Program for Progressive China Policy · China in the Heartland: Building a Balanced Approach · Anti-Asian Laws in America - Past, Present, and What's Coming · APA Justice Newsletters Web Page Moving to New Website · News and Activities for the Communities The Case Against the China Consensus Jessica Chen Weiss is David M. Lampton Professor of China Studies at the Johns Hopkins School of Advanced International Studies, a Senior Fellow at the Asia Society Policy Institute Center for China Analysis, and a former member of the U.S. State Department’s Policy Planning Staff.In Jessica Chen Weiss's latest article on Foreign Affairs on September 16, 2024, "The Case Against the China Consensus," she critiques the prevailing U.S. approach to China, emphasizing open-ended competition without a clear definition of success.Weiss argues that bipartisan rhetoric increasingly treats China as an existential threat, pushing aside nuanced debate and overshadowing diplomatic and cooperative opportunities. She warns that such a zero-sum mindset risks escalating tensions, including a potential conflict over Taiwan, and could undermine U.S. values and interests. "If policymakers overplay competition with Beijing, they risk more than raising the likelihood of war and jeopardizing efforts to address the many transnational challenges that threaten both the United States and China. They also risk setting the United States on a path to what could become a pyrrhic victory, in which the country undermines its own long-term interests and values in the name of thwarting its rival," wrote Weiss.Instead, Weiss advocates for a balanced strategy that combines credible deterrence with diplomacy, economic integration, and cooperation on shared global challenges. She stresses the importance of pragmatic engagement and avoiding policies that isolate the U.S. from Chinese innovation and global supply chains. As for the issue of Taiwan, Weiss wrote, "deterrence, particularly in the Taiwan Strait, can be achieved only with the backing of strong diplomacy that combines credible threats and credible assurances. And both deterrence and prosperity require some degree of economic integration and technological interdependence." The article highlights the need for a strategic recalibration in U.S.-China relations, focusing on coexistence rather than dominance, and emphasizes the risks of overplaying competition, which could harm both nations' long-term prosperity and security. "U.S. policymakers should seek a more durable basis for coexistence, striking a careful balance to ensure that efforts to address the real threats from China do not undermine the very values and interests they aim to protect, " Weiss wrote.In her article, Weiss especially pointed out the negative impact of deteriorating bilateral relations on Chinese Americans. She wrote, "People born in China or of Chinese descent should not be categorically treated as a fifth column in the United States; the diaspora has been a hotbed for resistance, which is precisely why the Chinese Communist Party is so bent on monitoring and intimidating it. And if the United States were to go so far as to enact bans or visa restrictions on the basis of national origin, it would compromise the very principles of nondiscrimination and equality before the law that embody the American ideal "Read the Foreign Affairs article: https://fam.ag/3TzhV21 . Juan Zhang , editor at US-China Perception Monitor, contributed this report. A Program for Progressive China Policy During the APA Justice monthly meeting on September 9, 2024, Sandy Shan , Director, Justice Is Global, and Tori Bateman , Director of Advocacy, Quincy Institute, gave a joint presentation on Quincy Institute Brief #62 , "A Program for Progressive China Policy." Sandy Shan began the discussion by highlighting the urgency for a constructive U.S. policy toward China. She emphasized the need to move away from the current confrontational and hawkish stance, which has exacerbated tensions between the two nations and fueled xenophobia against Asian and Asian American communities in the U.S. The forum took place as the House launched “China Week,” underlining the timeliness of the conversation.The Quincy Institute brief was authored by Jake Warner and co-produced by Justice Is Global and the Institute for Policy Studies. It reflects five years of dialogue among progressive groups, drawing on the expertise of specialists in climate, labor, peace, and Asian Pacific American communities. The brief seeks to address gaps in current U.S. policies, dominated by nationalist and militaristic rhetoric, by offering a more thoughtful framework for dealing with China's rise.The brief acknowledges legitimate concerns about China’s actions, including its human rights record and the impact of its policies on American workers. However, it warns that a confrontational approach risks empowering authoritarian forces in both the U.S. and China while undermining broader progressive goals like global economic equity and environmental sustainability. Instead, the brief advocates for a policy that reduces geopolitical tensions and promotes shared prosperity.Tori Bateman expanded on this framework, describing the Quincy Institute’s transpartisan focus on foreign policy. She expressed concern about the growing hawkish rhetoric on Capitol Hill, especially during "China Week." Tori emphasized that while many bills address real issues, they often fail to solve underlying problems and instead increase tensions. The Quincy Institute is engaging with lawmakers to promote a more balanced approach, urging Congress to focus on areas like climate cooperation and educational exchanges instead of exclusionary policies. A summary for the September 2024 monthly meeting is being prepared and will be posted at https://www.apajustice.org/ after review by the speakers. Past monthly meeting summaries are available at https://bit.ly/3kxkqxP .Read the Quincy Institute brief at https://bit.ly/3T2XJVY China in the Heartland: Building a Balanced Approach On October 10, 2024, the U.S. Heartland China Association (USHCA) and the Kansas University (KU) Department of Political Science will co-host a hybrid event on "China in the Heartland: Building a Balanced Approach."As China’s influence grows around the world, skepticism in the United States grows in tandem with it. Evidence of this is seen throughout the Heartland of America, where anti-China legislation and rhetoric have grown over the years. Professor Jack Zhang of the KU Department of Political Science will be joined by Susan Thornton , Vice Chair of the U.S. Heartland China Association and a retired senior U.S. diplomat with decades of experience in Eurasia and East Asia, and Kyle Jaros , an associate professor at the University of Notre Dame, for a discussion on building a balanced approach for relations with China.In June 2024, the 4th Annual U.S.-China Agriculture Roundtable was held in China for the first time. Co-organized by USHCA and multiple Chinese partners, the broad-based bilateral agricultural platform drew senior leaders spanning government, trade, business, education, and think tanks from both countries to convene around the theme: Global Food Security and Agricultural Cooperation. Major American agriculture players and producers of soy, rice, corn, sorghum, dairy, and beef from 9 different states were among those who traveled to China to participate.First launched in 2021, the annual U.S.-China Agriculture Roundtable honors three legendary agriculture scientists who made significant contributions to our world: Norman Borlaug , Yuan Longping , and George Washington Carver . USHCA launched the first U.S.-China Agriculture Roundtable virtually with the belief that U.S.-China cooperation is essential for our planet to successfully deal with the critical global challenges of our time. The 4th Annual U.S.-China Agricultural Roundtable reinforced the ongoing agriculture partnership between China and the U.S. while elevating the importance of collaboration to tackle global challenges through sustainable practices, technological innovation, and educational exchanges. Amid global food security concerns, this collaboration serves as a vital demonstration of international cooperation to enhance global food stability and foster understanding. Given both the U.S. and China’s pivotal roles as leading agricultural producers, consumers, and importers, sustained dialogue between the two nations is crucial for shaping resilient food systems and protecting food security worldwide.The in-person portion of the October 10 event is at the Robert J. Dole Institute of Politics, 2350 Petefish Drive, Lawrence, KS 66045. Watch the event online at https://bit.ly/3zkTyhT . Min Fan , Executive Director of USHCA, has accepted our invitation to speak at the next APA Justice monthly meeting to be held on Monday, October 7, 2024, starting at 1:55 pm ET. Anti-Asian Laws in America - Past, Present, and What's Coming On September 8, 2024, Texas State Representative Gene Wu hosted a Town Hall on "Anti-Asian Laws in America - Past. Present, and What's Coming." During the Town Hall, State Rep. Gene Wu outlined the resurgence of anti-Asian and anti-immigrant laws, particularly targeting Chinese and Japanese communities, in states like Texas. He referenced a history of such laws, dating back to the late 1800s, which banned immigrants from owning property, participating in business, and obtaining citizenship. Though many of these laws were repealed by the 1960s, new legislation in Texas and other states mirrors these discriminatory laws, signaling a renewed threat to Asian Americans.State Rep. Gene Wu emphasized that current laws echo historical patterns, portraying Asian immigrants as spies or traitors without evidence. Project 2025, a comprehensive conservative policy document that focuses heavily on China, mentions China 800 times compared to Russia’s 100 mentions. Project 2025 seeks to impose restrictions on Chinese nationals and Asian Americans, particularly in areas of land ownership, business, and education.The community was urged to wake up to this threat, as these new legislative efforts have already been introduced in multiple states. For instance, Texas has established new committees solely to push bills that restrict Chinese land ownership and educational access, following a broader national trend. This is compared to past laws that targeted Japanese Americans during World War II, even when most were U.S.-born citizens. The urgency is underscored by Project 2025's broader intent to reshape national security policy with a disproportionate focus on China, while impacting Asian Americans domestically.State Rep. Gene Wu has accepted our invitation to speak at the next APA Justice monthly meeting to be held on Monday, October 7, 2024, starting at 1:55 pm ET.Watch State Rep. Gene Wu's Town Hall: https://bit.ly/4edgbDV (50:44). Read his presentation: https://bit.ly/3ZzweHR APA Justice Newsletters Web Page Moving to New Website As part of its continuing migration to a new website under construction, we are moving the Newsletters webpage to https://www.apajusticetaskforce.org/newsletters . Content of the existing website will remain, but it will no longer be updated. We value your feedback about the new web page. Please send your comments to contact@apajustice.org . News and Activities for the Communities 1. APA Justice Community Calendar Upcoming Events:2024/09/23 Media Training for Election Season2024/09/23 President's Advisory Commission on AANHPI Public Meeting 2024/09/25 C100: State of Chinese American Survey 2024 2024/09/25-26 APAICS Technology Summit2024/09/26 White House Initiative AA& NHPI Policy Summit2024/09/27 The War for Chinese Talent in America: The Politics of Technology and Knowledge in Sino-U.S. Relations2024/09/29 Rep. Gene Wu's Town Hall Meeting2024/10/02 C100: Asian American Career Ceiling Initiative2024/10/06 Rep. Gene Wu's Town Hall Meeting2024/10/07 APA Justice Monthly Meeting2024/10/08 Media Training for Election Season2024/10/10 China in the Heartland: Building a Balanced ApproachThe Community Calendar has moved. Visit https://bit.ly/3XD61qV for event details. 2. Committee of 100 Next Generation Leaders Program Class of 2025 Committee of 100, a non-profit organization of prominent Chinese Americans, announced that applications are now being accepted for the 2025 Next Generation Leaders (NGL) class. The 2025 NGL class will be announced and spotlighted at Committee of 100's 2025 Conference & Gala, which will take place in Los Angeles in April 2025. Launched in 2014, Committee of 100's NGL program convenes an exceptional group of change-makers and rising leaders from diverse sectors, leveraging a collective sense of service and purpose to elevate the impact of each individual. Currently, there are over 200 NGL alumni across a multitude of sectors who make up a vibrant and diverse network. Individuals who demonstrate a remarkable history of professional and personal excellence and are between 25-40 years old are encouraged to apply. To apply for the Committee of 100 Next Generation Leaders Class of 2025, click here . Answers to Frequently Asked Questions (FAQ) can be found here . The deadline to submit applications is January 10, 2025 at 5:00 pm Eastern Time. 3. Incoming and Outgoing Executive Directors of WHIAANHPI Helen Beaudreau has been appointed as the incoming Executive Director of the White House Initiative on Asian Americans, Native Hawaiians, and Pacific Islanders (WHIAANHPI), succeeding Krystal Ka‘ai , who held the position since May 2021. Back View PDF September 23, 2024 Previous Newsletter Next Newsletter

Newsletter - #133 NSDD-189 Workshop; Santa Ono to Lead UMichigan; Mark 2022/09/13; 7/11 Meeting; Bills #133 NSDD-189 Workshop; Santa Ono to Lead UMichigan; Mark 2022/09/13; 7/11 Meeting; Bills Back View PDF July 15, 2022 Previous Newsletter Next Newsletter

Newsletter - #197 Special Edition: Florida Court Hearing and An Emerging New Coalition and Movement #197 Special Edition: Florida Court Hearing and An Emerging New Coalition and Movement In This Issue #197 This is a Special Edition to cover the court hearing on the emergency motion for preliminary injunction to block Florida's new discriminatory housing law and a new movement emerging from the protests and rallies against the legislation in front of the courthouse. July 18, 2023 - A New Movement Emerges Florida State and Local Leadership Meet The Attorneys for The Plaintiffs National and Community Organizations Support and Leadership Color Yellow, Playbooks, and Tracking Hate Federal Level Support and Leadership July 18, 2023 - A New Movement Emerges According to NBC News and multiple media reports on July 18, 2023, as U.S. District Court Judge Allen Winsor heard arguments for more than two hours on a motion to block Florida’s new law that prohibits Chinese citizens from owning land in the state, multi-racial, multi-state, and multi-generational protesters rallied against the legislation, slamming Gov. Ron DeSantis for the discriminatory measure.An unusually large crowd packed the federal courthouse in Tallahassee indicating strong interest in the case. American Civil Liberties Union (ACLU) lawyer Ashley Gorski said Florida’s law is extreme and amounts to blanket discrimination against Chinese citizens by equating them to the Chinese Communist Party. She said there is no evidence that Chinese nationals pose a security threat. “This law is unjustified, unfair, and unconstitutional,” said Gorski. “This is a highly unusual law,” she told Judge Winsor. “Florida’s law is truly extraordinary.”In June, the U.S. Department of Justice filed a Statement of Interest in support of the injunction. In the statement, federal attorneys propounded that provisions within the legislation violate the Fair Housing Act, as well as the Equal Protection Clause within the U.S. Constitution.The protesters, led by several Asian American civil rights groups, gathered outside the Tallahassee courthouse in support of the group of Chinese immigrants who sued the state over the law, which went into effect July 1. Echo King 金美声 , president of the nonprofit group Florida Asian American Justice Alliance (FAAJA), which helped spearhead the rally, told NBC News that the law could have chilling effects. “This will legalize Asian hate,” King said. “People will have a reason — legally they have a law backing them up — to hate. … I can’t even imagine what kinds of hate crimes will increase.” Local Asian American groups were joined by several national organizations, including Chinese for Affirmative Actions (CAA), Stop AAPI Hate, United Chinese Americans (UCA) as well as representatives of the Iranian and Latino American leaders and out of state community leaders who traveled from Alabama, N. Carolina, S. Carolina, Tennessee and Texas to support the plaintiffs. In their suit, the plaintiffs, who are in part represented by ACLU, argued that the law is a form of housing discrimination and in violation of the Fair Housing Act.“Today we gather here to condemn Florida’s ‘alien land law’ and to reject the dangerous trend of anti-Asian scapegoating,” said Nicholas Gee , advocacy manager for nonprofit group Chinese for Affirmative Action, referring to 20th century laws , which were later deemed unconstitutional, that prohibited Asian immigrants from owning land. “This law is not just an attack on the property rights of individuals of Chinese descent; it is a stark reminder of the discriminatory practices of the past that we have fought so hard to overcome.” Protesters also argued that the “overbroad” law plays on harmful stereotypes portraying all Chinese immigrants as working for the Chinese government. “They have no evidence proving that these people coming from [China] and living in the U.S. have anything to do with national security issues,” King said. The complicated terms of the law, King said, could lead to racial profiling out of fear of possible repercussions. “There’s no clear definition,” she said. “This law subjects both buyer and seller to civil and criminal penalties, so the sellers will be very reluctant to sell to any Chinese people because they can’t tell if their house is in the restriction zone and they cannot tell if the buyer is from the restricted category. The law is very complicated and confusing.”Drawing parallels between the Trump-era China initiative — a security program aimed at addressing Chinese economic espionage that was heavily criticized for racial profiling — as well as then-President Donald Trump ’s “China virus” rhetoric amid the height of the Covid-19 pandemic, King said that legislation is likely to similarly stoke anti-Asian hate. She also noted that the legislation could have a larger impact on many groups across the Asian diaspora, not just Chinese Americans. Florida is among several states — including Montana, Arkansas, Idaho and Tennessee — that have considered or proposed legislation restricting Chinese nationals from owning land. But not all have been implemented.In Texas, a similarly controversial bill known as Senate Bill 147 died in the state House in May. “There’s people who are asking if they need to get out of the state, like right now,” Democratic Texas state Rep. Gene Wu 吳元之 , who represents a heavily Chinese district, told NBC News in March. “I have never seen the Chinese community this active and this motivated in my entire adult life. The community is inflamed right now. They are enraged.”Read the NBC News report: https://nbcnews.to/3Y3kzye Sinovision assigned two reporters to provide an onsite report (12:49), which covered four segments in Chinese: background and overview, inside the courtroom, outside the courtroom, and interviews with the organizers and protesters from diverse backgrounds, including real estate agents, a university professor, and local Chinese community groups from Alabama, California, North Carolina, South Carolina, Tennessee, Texas, and others states 佛州政府限制包括华人在内的7个国家公民在当地购买不动产的SB264法案5月初州长德桑蒂斯签字成为新法后，居住在当地的4位中国籍公民和1家主要服务华人的房地产公司迅速提起诉讼，并向佛州北区联邦法院申请临时禁令。周二下午，法院就此案召开公众听证。记者邱洪辉和鄢田去到现场进行全程跟踪报道。 Additional media reports: AP News: Florida ban on property purchases by citizens of China and some other countries is challenged AsAmNews : In Florida, protestors rally against discriminatory alien land law bill CBS News: Florida's Chinese land ownership law debated News Service Florida: Chinese Land Ownership Law Debated ; Orlando Sentinel ; Tampa Bay Times ; Tampa Free Press ; WGCU Tallahassee Democrat: Florida's Chinese land ownership law debated in court as protesters gather outside The Capitolist: Federal judge hears arguments over Chinese property ownership limitations WPTV: Injunction sought against Florida law banning foreign nationals from buying land Photo Album: Readers are urged to send their photos of the protest to contact@apajustice.org so that they can be added and shared at https://bit.ly/3Q7SqEk Florida State and Local Leadership Florida State Representative Anna Eskam ani spoke at the press conference in front of the courthouse. Born and raised in Orlando, Rep. Eskamani is the daughter of working-class immigrants who came to Florida from Iran in search of the American Dream. Anna went to Orange County Public Schools and then to the University of Central Florida. She earned dual degrees as an undergrad and graduate student, works as a nonprofit professional and is now getting her PhD in Public Affairs.According to the Capitolist , Florida House Minority Leader Rep. Fentrice Driskell weighed in on the matter on July 18, stating that the Senate bill crosses the line from security to discrimination and should be thrown out by the courts. “How can Governor DeSantis call this the ‘free state of Florida’ when he’s interfering with the rights of a community to buy a home here?” Said Driskell. “We cannot give in to this kind of fear, hate, or bigotry. The Chinese people are not the Chinese government, and we must reject the unjust and un-American idea that they should be subject to a separate set of rules than the rest of us.” The press conference and protests in front of the courthouse were organized by Echo King 金美声 , President of Florida Asian American Justice Alliance (FAAJA) , a 501(c)(4) non-profit organization whose work is to advocate for and advance justice and equality for the AAPI community and all Floridians, and Jenny Liu 刘洁 , President of The Yick Wo Institution 益和学会. Allegra "Ally" Harpootlian , Communications Strategist, ACLU, was also on the ground as part of the organizing efforts. The Yick Wo Institution is a new non-profit public policy organization registered in Washington, DC. The organization’s name pays tribute to the historic legal battle fought by a Chinese immigrant in the era of the Chinese Exclusion Act, eventually reaching the U.S. Supreme Court. According to Wikipedia , Yick Wo v. Hopkins , decided on May 10, 1886, was the first case where the Supreme Court ruled that a law that is race-neutral on its face, but is administered in a prejudicial manner, is an infringement of the Equal Protection Clause in the Fourteenth Amendment to the U.S. Constitution. The landmark case ultimately led to the establishment of the fundamental principle that discrimination based on race, religion, national origin, and alienage is in direct violation of the Fourteenth Amendment. Yick Wo was a laundry facility owned by Lee Yick. Lee Yick immigrated from China to California in 1861. After 22 years of managing the facility, provisions set out by the San Francisco Board of Supervisors said that he could not continue to run it in a wooden building. He continued to operate his laundry and was convicted and fined ten dollars for violating the ordinance. He sued after he was imprisoned in default for having refused to pay the fine. The Supreme Court held that while the law was not discriminatory, it had been applied with "an evil eye and an unequal hand" in singling out Chinese laundry business owner Lee Yick. The Yick Wo Institution takes on a new battle against Florida Senate Bill 264 with the same dedication of its namesake in addition to other issues. Meet The Attorneys for The Plaintiffs In addition to Ashley Gorski of ACLU who presented the plaintiffs' arguments and rebuttals, attorneys Clay Zhu 朱可亮 of DeHeng Law Offices and Bethany Li of the Asian American Legal Defense and Education Fund (AALDEF) were also present in the courtroom and spoke at the press conference. A full list of all the attorneys for the plaintiff, defendant, and amicus is located here: https://bit.ly/3QfUiL0 . Madeleine K. Rodriguez of Foley Hoag LLP, Robert S. Chang of Ronald A. Peterson Law Clinic of Seattle University School of Law, Gabriel J. Chin of UC Davis School of Law, and Rose Cuison-Villazor of Rutgers Law School are Counsels for Amici Curiae for 19 Racial Justice Centers, Affinity Bar and Professional Associations, and Civil Rights Advocacy Organizations in Support of Plaintiffs' Motion for Preliminary Injunction . National and Community Organizations Support and Leadership Dr. Sergio Lira , President of Greater Houston LULAC and Vice President of Texas Multicultural Advocacy Coalition (TMAC), and his wife Mrs. Maria Lira , Chaplain of Greater Houston LULAC Council, flew in from Houston to speak at the press conference. Sergio spoke in English and Maria in Spanish. Professor Steven Pei 白先慎 , Co-Organizer of APA Justice and Founding Chair of UCA, also flew in from Houston to support the protests. Nicholas Gee , Advocacy Manager, Chinese for Affirmative Action (CAA) and Stop AAPI Hate, flew in from California and spoke at the press conference. The National Iranian American Council (NIAC) issued a statement to support the Florida lawsuit and rally against S.B. 264, stating that "[w]e are proud that Iranian Americans will join and speak out against this xenophobic law, and we look forward to celebrating when it is overturned... NIAC emphatically supports these efforts in challenging and working to overturn xenophobic laws in the United States. Alien land laws from over 100 years ago had no place in the fabric of U.S. society then, and they certainly have no place in that same fabric today." Myriam Sabbaghi is NIAC National Organizing Director. Haipei Shue 薜海培 , President of UCA Chair, rode the "Freedom Bus" from Orlando to Tallahassee to attend the event. UCA released a Chinese-language report 全美华人维权代表聚集佛州首府听证会声援对SB264的起诉 , including a short video about the "Freedom Bus" ride.The National Fair Housing Alliance (NFHA) serves to eliminate housing discrimination and ensure equitable housing opportunities for all people and communities through its education and outreach, member services, public policy, advocacy, housing and community development, tech equity, enforcement, and consulting and compliance programs. It is working with a law firm, Relman Colfax PLLC, on SB 264 and alien land laws generally. Two attorneys from Relman Colfax, Reed Colfax and Zoila Hinson , reportedly attended the preliminary injunction hearing.National Asian Pacific American Bar Association (NAPABA) reached out to the heads of all of the NAPABA chapters in Florida and encouraged members to attend the rally, including four affiliate organizations in Florida - Tampa Bay, Southern Florida (Miami), Orlando, and Jacksonville. NAPABA is one of the 19 organizations filing an amicus brief in support of the preliminary injunction which was announced in a June 14 statement . Color Yellow, Playbooks, and Tracking Hate Participants were encouraged to wear yellow as a symbol of unity at the press conferences and rallies. In nature, yellow is the color of daffodils and sunflowers, signaling the advent of spring, bringing hope, optimism, and enlightenment. In America, yellow has been weaponized against Asians as the color of xenophobia. In partnership with the Yellow Whistle Project (TYW), the Committee of 100 (C100) distributed hundreds of Yellow Whistles with the message of "We Belong" for the event. C100 is a non-partisan leadership organization of prominent Chinese Americans in business, government, academia, and the arts founded by I.M. Pei 貝聿銘 , Yo-Yo Ma 马友友 , Oscar Tang 唐騮千 , Henry Tang 邓兆祥 . Shirley Young 杨雪兰 , and Chien-Shiung Wu 吳健雄 . C100 is currently chaired by Gary Locke 骆家辉 . Interim President and Executive Director is Cindy Tsai .C100 is leading the effort to develop "playbooks" on building a national network on media communications and legislative advocacy with Paula Madison , retired NBCUniversal executive, Helen Zia 谢汉兰 , Founder of the Vincent Chin Institute, like-minded organizations, and grassroots groups. In partnership with NAPABA, TYW, the Anti-Defamation League, and the Asian American Education Project, C100 is also urging the communities and the public to report incidents of anti-Asian hate. Reporting incidents of hate makes a difference. It helps lawmakers understand what is happening to our community and helps us get the resources we need to better protect you and others.When you report an incident to NAPABA, it will evaluate your submission, and if it determines that your situation may be suitable for legal help, they can provide a referral for appropriate pro bono assistance. Report incidents to NAPABA at https://www.napaba.org/page/ReportaHateCrime . Federal Level Support and Leadership On May 25, 2023, Reps. Al Green and Judy Chu , Chair of Congressional Asian Pacific American Caucus (CAPAC), introduced H.R.3697 - Preemption of Real Property Discrimination Act . The bill preempts at the federal level state laws that would seek to deny foreign citizens the right to acquire real property in the United States.Concerned organizations and individuals are urged to contact and express their support of H.R. 2697 to their congressional representatives (two senators, one representative, and appropriate committee members).Inquiries about H.R. 3697 may be made to CAPAC Executive Director Nisha Ramachandran at nisha.ramachandran@mail.house.gov and CAPAC Policy Advisor Casey Lee at Casey.Lee@mail.house.gov Read more coverage of the discriminatory alien land bills by APA Justice at: https://bit.ly/43epBcl Back View PDF July 24, 2023 Previous Newsletter Next Newsletter

Newsletter - #260 FBI Asks Scientists for Trust; FBI Forum Video/Summary; Texas Alien Land Bill Hearing #260 FBI Asks Scientists for Trust; FBI Forum Video/Summary; Texas Alien Land Bill Hearing In This Issue #260 · Nature : FBI Asks Scientists for Trust in Taking Anti-Asian Bias Seriously · The FBI Forum Video Now Online · A Summary of The FBI Forum by NAA United · Texas Senate Committee Hearing on Alien Land Bills · News and Activities for the Communities Nature : FBI Asks Scientists for Trust in Taking Anti-Asian Bias Seriously According to Nature on June 7, 2024, US investigators seek to repair damage from China Initiative with researchers of Asian descent at a public forum held at Rice University in Houston, Texas.In the rare meeting between the US Federal Bureau of Investigation (FBI) and the academic community, members of the FBI sought to reassure researchers of Asian descent that their concerns over discrimination are being heard.“We want you to feel comfortable. That’s why we’re here,” said Douglas Williams , special agent in charge of the FBI’s Houston field office, which, among other things, investigates hate crimes based on ethnicity. “More importantly, we want you to trust us, so that when something does happen in this community, which I believe it does, that you feel comfortable calling us and that we can investigate it.”The two-hour session, sponsored by APA Justice, Rice University's Baker Institute and Office of Innovation, and the Texas Multicultural Advocacy Coalition, was organized in response to growing concerns among students and professors of Asian descent in the United States. One reason for the concerns is the China Initiative, a program launched in 2018 by the US Department of Justice (DOJ) under Donald Trump ’s administration. The initiative resulted in the arrest of a number of scientists of Chinese descent and swept into criminal court. Most were eventually acquitted or had their cases dropped. The DOJ discontinued the initiative in 2022, acknowledging that cases against the researchers triggered a perception of racial bias. However, scrutiny of Chinese-born scholars by the US government appears to have persisted. In April, the Chinese embassy in the United States reported that since July 2021, at least 70 foreign students with valid documentation had been turned away at US airports and forced to return to China. At the forum, David Donatti , a senior staff attorney at the American Civil Liberties Union (ACLU) of Texas, highlighted that these students, including fifth-year PhD candidates who were close to defending their dissertations, were interrogated and deported without explanation. Many of them now face five-year bans on re-entering the country. Gisella Perez Kusakawa , executive director of the Asian American Scholar Forum, said that ending the China Initiative was a crucial step towards de-escalating tensions and decriminalizing Asian scholars, but only a single step. “There is still significant progress that needs to be made to ensure that the US is a welcoming environment that can attract and retain the best and brightest talents,” she said.FBI representatives said that while their charge includes protecting the United States from foreign threats, including technological espionage, it also includes protecting the civil rights of all individuals in the country. That includes protecting Chinese citizens working in the United States, said Kelly Choi , supervisory special agent at the FBI’s Houston Field Office.Although the FBI investigates crime, it is not in charge of screening people coming into the United States. That responsibility falls under the purview of US Customs and Border Protection (CBP), an arm of the Department of Homeland Security (the FBI is part of the DOJ). Steven Pei , APA Justice Co-Organizer and an electrical engineer at the University of Houston, in Texas, who moderated the forum, told Nature that although the CBP had been invited to the panel, it had declined. The CBP did not respond to Nature’s request for comment before this story published. When contacted by Nature , Qin Yan , president of the Asian Faculty Association at Yale University, who helped to organize the forum, called for direct dialogue with CBP representatives to address border issues. He also expressed worries about other efforts to tamp down foreign influence, such as a Florida law that limits universities’ ability to recruit students and faculty members from China and other countries of concern. “We are still a long way from repairing the damage caused by the China Initiative. The chilling effects will last a very long time,” he added. Read the Nature report: https://go.nature.com/3XgcAzs The FBI Forum Video Now Online left to right: Jill Murphy, Steven Pei, Neal Lane A video of the June 6 forum on "A Dialogue Between Academic and Asian American Communities and The FBI" is now available for public viewing at https://www.youtube.com/watch?v=csqLJo869ZY (1:55:23)Time mark and speakers: 3:27 Sergio Lira , Vice President, Texas Multicultural Advocacy Coalition (TMAC) and President, Houston Council, League of United Latin American Citizen (LULAC)4:28 Paul Cherukuri , Chief Innovation Officer, Vice President for Innovation, Rice University 10:52 Jill Murphy , Deputy Assistant Director for Counterintelligence, FBI Headquarters 14:08 Steven Pei , Texas Multicultural Advocacy Coalition and APA Justice Task Force17:44 Panel Discussion · Kelly Choi , Supervisory Special Agent, FBI Houston Field Office · David Donatti , Senior staff attorney, Legal department, American Civil Liberties Union of Texas · Alamdar S. Hamdani , U.S. Attorney for Southern District of Texas · Gisela P. Kusakawa , Executive Director, Asian American Scholar Forum · Jill Murphy , Deputy Assistant Director for Counterintelligence, FBI Headquarters · Georgette "GiGi" Pickering , Assistant Special Agent in Charge, FBI Houston Field Office · Gordon Quan , Managing Partner & Co-Founder, Quan Law Group, PLLC. Former Houston City Mayor Pro-Tem · Douglas A. Williams, Jr , Special Agent in Charge, FBI Houston Field Office 1:48:10 Neal F. Lane , Senior Fellow in Science and Technology Policy, Baker Institute for Public Policy. Former OSTP Director, The White House 1:54:57 Forum adjourned Watch the video at https://www.youtube.com/watch?v=csqLJo869ZY (1:55:23) A Summary of The FBI Forum by NAA United National Asian American (NAA) United, a non-profit organization that serves to educate Asian Pacific Americans on public affairs, posted a blog covering the forum to bridge the gap between the FBI and Asian American academics concerning research security policies. The blog is reproduced in its entirety with the permission of NAA United: Houston Event Fosters Dialogue on Research Security and Civil Liberties A collaborative effort by the Texas Multicultural Advocacy Coalition, Baker Institute for Public Policy, Rice University, and the APA Justice Task Force convened a forum on June 6, 2024. Held at Rice University's O'Connor Building, the event (also accessible virtually) brought together academics, Asian-American leaders, and the FBI to discuss a critical topic: balancing research security with civil liberties. The event aimed to bridge the gap between the FBI and Asian-American academics regarding research security policies. · Concerns were raised about the impact of past initiatives, particularly the China Initiative, on Asian-American researchers. · The FBI emphasized its commitment to safeguarding national security while protecting civil liberties. · Recommendations included creating more transparent, data-driven, and inclusive policies. · Continuous dialogue and collaboration were highlighted as essential for all stakeholders. Examples of Overreach: · The China Initiative was cited for unfairly targeting Asian-American scholars. · Attendees shared experiences of foreign researchers facing difficulties at U.S. ports of entry. · Historical examples, like the internment of Japanese Americans during World War II, served as a reminder of the importance of avoiding discriminatory policies. · Recent legislation, such as Texas' Senate Bill 147 (restricting property purchases by certain nationalities), was discussed as an example of overreach. · Concerns regarding invasive electronic device searches at the border by Customs and Border Protection (CBP) were also addressed. Building Trust: Recommendations and Solutions · Transparency and Clarity: Policies should be clear and easy to understand to ensure compliance and build trust. · Improved Communication and Training: Regular dialogues and open communication channels are essential. · Involving Experts: Scientific and community expertise should be incorporated into policy making. · Protecting Civil Liberties and Academic Freedom: These fundamental rights must be safeguarded in research policies. · Enhanced Inter-Agency Coordination: Standardization of practices across federal agencies is crucial. · Mechanisms for Redress: Clear avenues for individuals to seek redress if they feel unfairly targeted. · Public Leadership and Advocacy: Leaders should publicly oppose discriminatory policies. The event served as a reminder of the U.S.'s long history of benefiting from top international scholars. It emphasized the importance of maintaining this momentum through open communication and collaborative efforts.Read the NAA United blog: https://bit.ly/3x8F6s9 Texas Senate Committee Hearing on Alien Land Bills On May 29, 2024, The Texas Senate Committee on State Affairs held a public hearing including a session on alien land bills. John Yang , President and Executive Director, Asian Americans Advancing Justice |AAJC, delivered testimony about discriminatory land laws at the hearing.John Yang was quoted in an Instagram post about his testimony:"Advancing Justice | AAJC is deeply concerned by the resurgence of land laws. Though they are ostensibly designed to protect U.S. agricultural land, real property, and critical infrastructure from malign foreign influence, in reality, they not only fail to address legitimate threats in a targeted and proportional manner, but also raise serious concerns regarding the balance of national security equities with civil rights, federal pre-emption, and other issues related to building and maintaining a robust local economy."It is also important to note that some land laws include overly punitive criminal and civil penalties. This language similarly fails to address national security concerns and instead contributes to an overall environment of fear for the Asian immigrant and Asian American communities which have already endured the China Initiative and a spike in anti-Asian hate during the COVID-19 pandemic."It is critical that this country recognizes its problematic treatment of Asian Americans and immigrants as perpetual foreigners and national security threats based on race, ethnicity, and national origin ... civil rights organizations have stepped up to fight this type of discrimination. Florida, which enacted its own land law in May 2023, currently faces two separate lawsuits from the American Civil Liberties Union and Advancing Justice | AAJC. "The current crop of land laws is neither an appropriate nor a constructive policy remedy. Vague, overbroad land acquisition restrictions that could apply to entire nationalities implicate individuals and institutions outside of the scope of the actual bad actors and their machinations. And such laws will only result in a backlash against Asian Americans and other American immigrant communities."Watch the Texas Senate Committee hearing: https://bit.ly/4bRDbHA (13:32:49). Watch John Yang's testimony: https://www.youtube.com/watch?v=JDDeTCAbA64 (5:38) .Read the Instagram post at https://bit.ly/45hi3YG News and Activities for the Communities 1. APA Justice Community Calendar Upcoming Events: 2024/06/20 U.S.-China Relations: Untangling Campaign Rhetoric & Understanding Policy – Teachers Workshop2024/06/20-22 Social Equity Leadership Conference2024/06/27-30 UCA: 2024 Chinese American ConventionVisit https://bit.ly/45KGyga for event details. 2. President’s Advisory Commission on AANHPI Public Meetings WHAT : President's Advisory Commission Public Meeting WHEN: · July 1, 2024, 11:00 a.m.-5:00 p.m. Eastern Time · July 2, 2024, 2:00 p.m.-6:00 p.m. ET. WHERE: · July 1, livestreaming · July 2, in-person listening session in Saint Paul, Minnesota HOST: The President’s Advisory Commission on Asian Americans, Native Hawaiians, and Pacific Islanders (AANHPI) COMMENTS: The Commission seeks responses to several questions contained within this Federal Register Notice. Written comments are welcomed throughout the development of the Commission’s recommendations and may be emailed to AANHPICommission@hhs.gov at any time. Individuals may also submit a request to provide oral public comments at the Commission’s July 2, 2024 listening session in Minnesota responding to those questions. For details and directions, please click here . REGISTRATION: Registration is required · July 1: https://bit.ly/3RjiJHm · July 2: https://bit.ly/3KAUzUX Back View PDF June 10, 2024 Previous Newsletter Next Newsletter

Newsletter - #60 More Rallies; C100&Inclusion; Anti-Hate Bill; Events; Nominations&Science #60 More Rallies; C100&Inclusion; Anti-Hate Bill; Events; Nominations&Science Back View PDF May 20, 2021 Previous Newsletter Next Newsletter

Newsletter - #34 House Hearing Call; SCOTUS Ruling And Right To Sue; Diversity Concerns; More #34 House Hearing Call; SCOTUS Ruling And Right To Sue; Diversity Concerns; More Back View PDF December 14, 2020 Previous Newsletter Next Newsletter

Newsletter - #173 04/03 Meeting; Science on NIH; Stanford Statement; Foreign Affairs; State Department #173 04/03 Meeting; Science on NIH; Stanford Statement; Foreign Affairs; State Department In This Issue #173 2023/04/03 APA Justice Monthly Meeting Science Editorial and Report on NIH’s “China Initiative” Stanford University Statement on Foreign Engagement and Support for University Researchers Foreign Affairs on "Don't Panic Over Taiwan" State Department Ends Discriminatory "Assignment Restrictions" Policy 2023/04/03 APA Justice Monthly Meeting The next APA Justice monthly meeting will be held on Monday, April 3, 2023, starting at 1:55 pm ET. The virtual monthly meeting is by invitation only. If you wish to join, either one time or for future meetings, please contact one of the co-organizers of APA Justice - Steven Pei 白先慎 , Vincent Wang 王文奎 , and Jeremy Wu 胡善庆 - or send a message to contact@apajustice.org . Updates will be provided in the meeting by: Nisha Ramachandran , Executive Director, Congressional Asian Pacific American Caucus (CAPAC) John Yang 杨重远 , President and Executive Director, Advancing Justice | AAJC Gisela Kusakawa , Executive Director, Asian American Scholar Forum In addition, we welcome three new distinguished speakers. Dr. Robert Underwood Dr. Robert Underwood is a member of the President's Advisory Commission on Asian Americans, Native Hawaiians, and Pacific Islanders (AANHPI). He is a former Member of Congress representing Guam for 10 years. He is also President Emeritus of the University of Guam and has the distinction of being the longest serving President of the university. He has served the nation as Chair of the Congressional Asian Pacific American Caucus and the founding Chair of the Asian Pacific Islander Scholarship Fund. As a scholar and activist, he has served his region and his people as a passionate advocate for the respect and maintenance of the Chamorro language and the empowerment of the peoples of Micronesia. Dr. Underwood is also Co-Chair of the United States Institute of Peace China-Freely Associated States Senior Study Group. On March 10, 2023, APA Justice submitted comments titled " Pursuing a More Perfect Union and an Equitable Society " to the Commission. John Liu 刘醇逸 New York State Senator John Liu 刘醇逸 represents a broad area of northeast Queens. He is chairperson of the Senate’s committee on New York City Education and also serves on the committees of Education, Finance, Higher Education, Judiciary, Rules and Transportation. State Senator Liu will speak on the relevance and importance of New York Police Department Officer Baimadajie Angwang 昂旺 's story and racial profiling of Asian American scientists to his bill requiring K-12 schools to provide instruction in Asian American history and civic impact, as well as the revival of Alien Land Laws and similar discriminatory bills in Texas and other states. Paula Williams Madison Paula Williams Madison is a former print and TV journalist, retired NBCUniversal executive and GE Company Officer, Former Vice President of the Los Angeles Police Commission and owner of The Africa Channel. She will expand on her thoughts on holding a conversation with a number of national organizations to form a task force on a media watchdog or a similar purpose for the foreseeable future. UCA, C.A.C.A., Committee of 100, AAAJ, etc., could form such an entity. Named one of the “75 Most Powerful African Americans in Corporate America” by Black Enterprise Magazine in 2005 and included in the Hollywood Reporter’s “Power 100," she has been honored by Asian organizations as well, having been recognized in 2014 as one of the Outstanding 50 Asian Americans in Business and in 2015, she was honored by the East West Players and AARP with their Visionary Award and by the Chinese American Museum in Los Angeles with the Historymaker Award. She authored and produced FINDING SAMUEL LOWE - from Harlem to China 寻找罗定朝 , which tells her successful search to locate her Chinese grandfather's descendants in China. She is a dual citizen of both the US and Jamaica, grew up in Harlem, and lives with her husband in Los Angeles. Science Editorial and Report on NIH’s “China Initiative” According to an editorial by the Editor-in-Chief of Science, H. Holden Thorp , on March 23, 2023, it wasn’t that long ago when scientific collaboration between the United States and China was enthusiastically encouraged as a means to accomplish the best science. That all changed in 2018, when then-President Trump launched the China Initiative to rid US academia of Chinese spies. The National Institutes of Health (NIH)—the largest federal funder of biomedical research—vigorously responded to this charge. The agency’s allegations and investigations have not only destroyed careers but also eroded trust in the agency and federal government across the scientific community.This is probably not how Michael Lauer , deputy director for extramural research at NIH, wants to be remembered. But history is not always kind. Lauer has been heavy-handed with regard to policing foreign influence from China, allowing the agency to engage in secretive hardball to target researchers who receive NIH support and who are affiliated with Chinese collaborators.When pressed publicly for details, the NIH and the institutions have given legalistic responses that provide little reassurance.It ’s hard not to conclude that the answer to what changed is Donald Trump’s term as president along with the rise in power of conservative members of Congress bent on reviving the dark spirit of McCarthyism, with China substituted for the Soviet Union.The result was threatening letters from Lauer and a complete change in tone from the institutions. Since 2018, 100 institutions have received letters concerning 246 faculty members, most of them Asian and most working with Chinese collaborators. Altogether, 103 have been forced out, and many more have been enjoined from receiving NIH funds, which is almost always a career killer. Because the letters contain language portraying these scientists as being “unwelcome in the NIH ecosystem,” very few institutions in the United States will hire them. If the implied nefarious activities were real now, it’s been real for a while. The NIH has not given adequate answers as to why this all started so abruptly.Given the statements that Lauer has made in his letters, it’s no wonder the institutions have clammed up. But they owe their faculty, students, trainees, and staff an explanation as well. Has the national security apparatus demanded administrators’ silence? Or is it the need for institutions to maintain their good standing with NIH? The institutions and the NIH need to resolve this. Given the information available in the public domain, the scientific community could easily conclude that this is a xenophobic program to harm Chinese scientists and cut off international scientific cooperation. The federal government needs to figure out a way to let the NIH and the institutions reassure the community that this is all worth it. Read the Science editorial: https://bit.ly/3z24z40 PALL OF SUSPICION - The National Institutes of Health’s “China initiative” has upended hundreds of lives and destroyed scores of academic careers. According to an investigative report by Science reporter Jeff Mervis , in contrast to the very public criminal prosecutions of academic scientists under the "China Initiative" launched in 2018 by then-President Donald Trump to thwart Chinese espionage, NIH’s version has been conducted behind closed doors. Michael Lauer , head of NIH’s extramural research, says that secrecy is necessary to protect the privacy of individual scientists, who are not government employees. Universities consider the NIH-prompted investigations to be a personnel matter, and thus off-limits to queries from reporters. And the targeted scientists have been extremely reticent to talk about their ordeal.Only one of the five scientists whose cases are described in this article has previously gone public with their story. And only one has pushed back successfully, winning a large settlement against her university for terminating her.But a running tally kept by the agency shows the staggering human toll of NIH’s campaign. NIH’s data also make clear who has been most affected. Some 81% of the scientists cited in the NIH letters identify as Asian, and 91% of the collaborations under scrutiny were with colleagues in China.In only 14 of the 246 cases—a scant 6%—did the institution fail to find any evidence to back up NIH’s suspicions. Lauer, who oversees NIH’s $30 billion grants portfolio, regards that high success rate as proof NIH only contacted institutions when there were compelling reasons to believe the targeted scientists were guilty of “scientific, budgetary, or commitment overlap” with NIH-funded projects. But others, including some of the scientists targeted and the university administrators involved in investigating them, say the tremendous power differential between NIH and its grantees may be a better explanation for why so many scientists have been axed.NIH is by far the largest funder of academic biomedical research in the United States, and some medical centers receive hundreds of millions of dollars annually from the agency. So when senior administrators heard Lauer say a targeted scientist “was not welcome in the NIH ecosystem,” they understood immediately what he meant—and that he was expecting action.“If NIH says there’s a conflict, then there’s a conflict, because NIH is always right,” says David Brenner , who was vice chancellor for health sciences at the University of California, San Diego (UCSD), in November 2018 when the institution received a letter from Lauer asking it to investigate five medical school faculty members, all born in China. “We were told we have a problem and that it was up to us to fix it.”The five scientists who came forward in the Science report are: Wuyuan Lu , a tenured professor at University of Maryland’s Institute of Human Virology. In August 2020, Lu resigned his tenured position. He is now a professor at Fudan’s medical school in Shanghai. “NIH was acting like a bully,” he tells Science , “and I decided that I’m not going to waste any more time on this witch hunt.” Yue Xiong , a biochemist at the University of North Carolina (UNC). Xiong never saw a list of specific allegations, nor did UNC ever give him any report of its findings. Instead, on 27 May 2020, Xiong was told at a face-to-face meeting with the medical school’s head of human resources that he had 48 hours to decide whether to resign or be fired. Xiong retired quietly from UNC in July 2020 and is now chief scientific officer of Cullgene, a biotech startup in San Diego. Li Wang , a tenured professor of physiology and neurobiology at the University of Connecticut (UConn). Wang resigned on 19 September 2019, 1 day before her termination went into effect. She fought back. A collective bargaining agreement gives UConn faculty the right to seek outside, binding arbitration in employment disputes. Peter Adomeit , an arbitrator of the American Arbitration Association, ruled in November 2021 in Wang’s favor. In a 56-page decision, Peter Adomeit ordered UConn to pay Wang $1.4 million in compensation for being suspended and terminated “without just cause.” “[Interim Provost John ] Elliott ’s claim that the University ‘has lost confidence’ in Dr. Wang is true,” Adomeit wrote. “But it was their fault, not hers. They relied on false evidence. [Wang] tried to correct them, but they wouldn’t listen.” Xiang-Dong Fu , Distinguished Professor of Cellular and Molecular Medicine at the University of California San Diego (UCSD). In January 2022, Fu was given the choice of either resigning or accepting a 4-year, unpaid suspension from the university that would ban him from campus and his lab. Fu filed a grievance, contending that many of the report’s findings were incorrect and that the university had failed to follow its own procedures. More than 100 UCSD faculty members petitioned. UCSD officials never replied, nor did Fu get a response to his grievance. On 5 December 2022, Fu “reluctantly resigned” after being told his 2-year campus suspension would go into effect on 1 January 2023. Last month he accepted a position with the fledgling Westlake University, China’s first private research university. Kun-Liang Guan , Distinguished Professor in the Department of Pharmacology and Moores Cancer Center at UCSD. In 2019, the university concluded he had violated its code of conduct by failing to disclose research support from foreign sources and banned him from applying for NIH funding for 2 years. Guan says he never received a letter describing the allegations he was facing or a report on the outcome of the university’s investigation. He was able to win new NIH awards once the suspension ended in 2021. Even so, his lab has shrunk dramatically, and he’s no longer taking on new graduate students. His love of science has also suffered. “I used to work very hard,” he says. “Now, sometimes, I wonder what was the point of all the effort I made.” “And I’m one of the lucky ones,” he continues. “I don’t know how many people that NIH wanted to stop are able to start again. Maybe none.” Read the Science report: https://bit.ly/3ZbJL4B Stanford University Statement on Foreign Engagement and Support for University Researchers According to a Statement on Foreign Engagement and Support for University Researchers on February 8, 2023, Stanford University pursues its research and education missions drawing on the talents and contributions of its diverse international community of students and scholars. Likewise, engagement and collaboration with international partners are essential to Stanford’s efforts to develop the knowledge and innovations required to address some of the world’s most pressing problems.One challenge to this work in recent years has emerged from the geopolitical tension between the U.S. and China and resulting concerns about U.S. national security. Stanford takes seriously the threats from foreign governments that seek to undermine U.S. national security as well as the security and integrity of the research environment. These concerns and the issues they pose for research universities have been articulated in reports including the 2022 MIT report as well as the 2022 report of the National Academies of Sciences, Engineering, and Medicine . As a leading research institution, Stanford has an important role to play in safeguarding the research ecosystem and preventing U.S. national security from being jeopardized while continuing to advance universal scientific values of reciprocity, objectivity and fairness. Unfortunately, the articulation of concerns about the integrity and security of the research environment, and efforts to address those concerns, have caused fear, distress and, in some cases, professional and personal harm to some researchers. This is particularly true for members of our Asian and Asian American communities – especially those of Chinese origin. Inflammatory rhetoric and generalized accusations have caused some researchers to feel targeted and vulnerable purely because they have relationships and collaborations in and with China. This is unacceptable and contrary to the university’s commitment to nondiscrimination and maintaining an open and welcoming environment. Furthermore, discrimination and xenophobia threaten to deprive the U.S. of valuable talent and collaborations, delegitimize serious security concerns, and divert attention and resources from promoting the security of the research enterprise. All international students, faculty, staff, postdocs and alumni are valued members of the Stanford community and should always feel welcome, safe, respected and valued. No one should ever be considered suspect based on their national origin or heritage. Stanford is committed to providing support to researchers engaging in cross-border collaborations, including in China or with Chinese partners, in ways that protect the security and integrity of the research ecosystem and comply with federal laws. For example: Stanford is committed to providing guidance and support to researchers. Stanford is committed to sharing information with the research community. Stanford is committed to defending researchers and protecting the individual’s right to due process. Read the Stanford University statement: https://stanford.io/40xK3Un Foreign Affairs on "Don't Panic Over Taiwan" According to Foreign Affairs on March 21, 2023, fears that China will soon invade Taiwan are overblown. There is little evidence that Chinese leaders see a closing window for action. Such fears appear to be driven more by Washington’s assessments of its own military vulnerabilities than by Beijing’s risk-reward calculus. Historically, Chinese leaders have not started wars to divert attention from domestic challenges, and they continue to favor using measures short of conflict to achieve their objectives. If anything, problems at home have moderated Chinese foreign policy, and Chinese popular opinion has tended to reward government bluster and displays of resolve that do not lead to open conflict.If Western policymakers exaggerate the risk of a Chinese invasion of Taiwan, they might inadvertently create a self-fulfilling prophecy. Instead of worrying that Beijing will gin up a foreign crisis to bolster its standing at home or assuming that Beijing feels pressured to invade in the near term, the United States should focus on arresting—or at least decelerating—the action-reaction spiral that has steadily ratcheted up tensions and made a crisis more likely. That does not mean halting efforts to bolster Taiwan’s resilience to Chinese coercion or to diversify the United States’ defense posture in the region. But it does mean avoiding needless confrontation and identifying reciprocal steps that Washington and Beijing could take to lower the temperature.The hard but crucial task for U.S. policymakers is to thread the needle between deterrence and provocation. Symbolic displays of resolve, unconditional commitments to defend Taiwan, and pledges of a surge in U.S. military power in the region could stray too far toward the latter, inadvertently provoking the very conflict U.S. policymakers seek to deter.Read the Foreign Affairs article at https://bit.ly/3LFyoi9 State Department Ends "Assignment Restrictions" Policy According to reports by Politico and CNN on March 22, 2023, the State Department is ending its controversial policy of issuing assignment restrictions for diplomats as a condition of security clearance. The change comes after an intensive review of the practice, which was perceived as discriminatory by diplomats and Democratic lawmakers, particularly because the limits appeared to fall disproportionately on employees with Asian American and Pacific Islander backgrounds.The assignment restrictions were applied by the Bureau of Diplomatic Security, sometimes to employees who otherwise hold top-secret clearances, to prevent them from serving in particular countries or even, while they’re in Washington, from working on issues related to those countries.In 2021, Reps. Ted Lieu , Joaquin Castro , Andy Kim and Chrissy Houlahan introduced a bill to reform such restrictions, calling them "discriminatory" and that the restriction policy “disproportionately impacts federal employees who can’t trace their heritage to the Mayflower and directly undermines the department’s goal of promoting diversity and inclusion.”The bill cited State Department data that about 1,800 employees were subject to assignment restrictions. The top four countries with such restrictions were China (196), Russia (184), Taiwan (84) and Israel (70). Subscribe to The APA Justice Newsletter Complete this simple form at https://bit.ly/2FJunJM to subscribe. Please share it with those who wish to be informed and join the fight. View past newsletters here: https://bit.ly/APAJ_Newsletters . Back View PDF March 27, 2023 Previous Newsletter Next Newsletter