Newsletter - #140 Arrowood Nomination; Help Jamie; Prof. Xi's Appeal; Briefing; Stanford; Asia Society #140 Arrowood Nomination; Help Jamie; Prof. Xi's Appeal; Briefing; Stanford; Asia Society Back View PDF August 30, 2022 Previous Newsletter Next Newsletter

Newsletter - #331 5/5 Meeting; Student Visas Reversal; Higher Ed United; Litigations; Heritage Month; + #331 5/5 Meeting; Student Visas Reversal; Higher Ed United; Litigations; Heritage Month; + In This Issue #331 • 2025/05/05 APA Justice Monthly Meeting • International Student Visa Revocations and New ICE Policy • Higher Education Against Political Interference/Government Overreach • Latest on Litigations Against Trump's Executive Actions • May is Asian Pacific American Heritage Month • News and Activities for the Communities 2025/05/05 APA Justice Monthly Meeting The next APA Justice monthly meeting will be held via Zoom on Monday, May 5, 2025, starting at 1:55 pm ET. In addition to updates by Judith Teruya, Executive Director, Congressional Asian Pacific American Caucus (CAPAC), Joanna YangQing Derman, Program Director, Advancing Justice | AAJC, and Gisela Perez Kusakawa, Executive Director, Asian American Scholar Forum (AASF), confirmed speakers are: • William Tong 湯偉麟, Attorney General, State of Connecticut • Robert L. Santos, Former Director, U.S. Census Bureau; Former President, American Statistical Association • Haifan Lin 林海帆, President, Federation of Asian Professor Associations (FAPA); Professor, Yale University • Gee-Kung Chang 張繼昆, Professor of Electrical and Computer Engineering, Georgia Institute of Technology; and his attorney Robert Fisher The virtual monthly meeting is by invitation only. It is closed to the press. 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. International Student Visa Revocations and New ICE Policy On April 25, 2025, Politico reported that more than 100 lawsuits and dozens of restraining orders from federal judges challenged the Trump administration’s mass termination of student visa records. After 20 days of consistent legal defeats, the administration capitulated and reversed its decision. Notable lawsuits include • Chen v. Noem (3:25-cv-03292), filed April 11 in the Northern District of California by the Chinese American Legal Defense Alliance (华美维权同盟 CALDA) • Jane Doe 1 v. Bondi (1:25-cv-01998), filed April 11 in the Northern District of Georgia by CAIR-Georgia, Asian Americans Advancing Justice-Atlanta, and American Civil Liberties Union-Georgia. Inside Higher Ed reported that over 280 colleges and universities have identified at least 1,879 international students and recent graduates had their visa revoked and their records terminated in the Student and Exchange Visitor Information System (SEVIS)—actions that carry significant immigration and employment consequences. On April 29, Politico reported that the visa revocations were part of the "Student Criminal Alien Initiative," which involved running 1.3 million student names through a federal criminal database run by the FBI's National Crime Information Center (NCIC). Approximately 6,400 matches were found, many of which were minor infractions or dismissed charges. Despite this, Immigration and Customs Enforcement (ICE) used the data to terminate student records in the SEVIS tracking system. In parallel, the State Department revoked visas for roughly 3,000 individuals based on similar data, separate from the SEVIS terminations. Hundreds of the terminations, an ICE official who helped oversee the effort said, came less than 24 hours after an April 1 email exchange between his office and the State Department, with little sign of review of individual cases to ensure the decisions were accurate. The lack of due process became especially clear during an April 29 hearing before U.S. District Judge Ana Reyes, where ICE officials admitted that hundreds of terminations were made within 24 hours of receiving raw data—with little or no individual case review. “When the courts say due process is important, we’re not unhinged, we’re not radicals,” Judge Reyes said during an hourlong hearing. “I’m not on a lark questioning why students who have been here legally, who paid to be in this country by paying their universities … they’re cut off with less than 24 hours of consideration and no notice whatsoever." Akshar Patel brought the suit that led to the April 29 hearing. He is an international student from India who pursued undergraduate studies in computer science at the University of Texas at Arlington. He graduated prior to 2025 and has since been working in the computer science field in North Texas. His legal status in the U.S. was abruptly terminated after his name appeared in the ICE sweep of the NCIC database. He had faced a reckless driving charge in 2018 but it was ultimately dismissed. When colleges discovered the students no longer had legal status, it prompted chaos and confusion. In the past, legal statuses typically were updated after colleges told the government the students were no longer studying at the school. In some cases this spring, colleges told students to stop working or taking classes immediately and warned them they could be deported after the ICE sweep. According to AP News, NBC News, and multiple media reports on April 29, an internal memo to all Student and Exchange Visitor Program personnel, which falls under ICE, shows an expanded list of criteria for ICE to terminate foreign-born students’ legal status in the U.S., including a “U.S. Department of State Visa Revocation (Effective Immediately).” It was filed in court by the Justice Department on April 28 and dated April 26. This new ICE policy could foreshadow another new round of deportation efforts. Brad Banias, an immigration attorney who represents Patel, said the new guidelines vastly expand ICE’s authority beyond previous policy, which did not count visa revocation as grounds for losing legal status. In the past, if a student had their visa revoked, they could stay in the U.S. to finish their studies — they simply would not be able to reenter if they left the country. “This just gave them carte blanche to have the State Department revoke a visa and then deport those students even if they’ve done nothing wrong,” Banias said. Follow the continuing development at https://bit.ly/3Yd6gIH. Higher Education Against Political Interference/Government Overreach On April 22, 2025, the American Association of Colleges and Universities (AACU) published a statement denouncing the Trump administration’s “unprecedented government overreach and political interference” with higher education. According to the Guardian, the joint condemnation followed a convening of more than 100 university leaders called by the AACU and the American Academy of Arts and Sciences to “come together to speak out at this moment of enormity”, said Lynn Pasquerella, the president of the AACU. Pasquerella said that there was “widespread agreement” across a variety of academic institutions about the need to take a collective stand. In the powerful unified statement, leaders of America’s colleges, universities, and scholarly societies voiced strong opposition to “unprecedented government overreach and political interference now endangering American higher education.” While affirming their openness to “constructive reform” and “legitimate government oversight,” the signatories declared: “We must oppose undue government intrusion in the lives of those who learn, live, and work on our campuses.” The statement emphasized the unique role of higher education in sustaining democracy and fostering innovation, asserting that “American institutions of higher learning have in common the essential freedom to determine, on academic grounds, whom to admit and what is taught, how, and by whom.” It warned that undermining these freedoms would come at a steep cost: “The price of abridging the defining freedoms of American higher education will be paid by our students and our society.” The signatories from large state schools, small liberal arts colleges and Ivy League institutions declared: “We must oppose undue government intrusion in the lives of those who learn, live, and work on our campuses” and concluded with a call for “constructive engagement that improves our institutions and serves our republic.” The number of signatories rose from about 180 on the day the statement was issued to over 594 as of 6:00 pm ET on May 1, 2025. AACU continues to accept signatures from current leaders of colleges, universities, and scholarly societies. Separately on April 22, 2025, a group of at least 122 retired university and college presidents and chancellors issued a powerful "Pledge to Our Democracy" warning that the United States is facing an unprecedented constitutional and political crisis. They condemn the current administration for ignoring court rulings, attacking the press, punishing free speech, and undermining independent institutions like universities and research centers—hallmarks of democratic societies. Drawing parallels to autocratic regimes in Russia, Turkey, and Hungary, the signatories argue that America’s democratic institutions are being dismantled in favor of authoritarian control. They call for a broad, nonpartisan coalition—including educators, students, unions, and community leaders—to resist this slide into autocracy and defend constitutional values, urging Americans to stand up before democracy is lost. Read the Pledge to Our Democracy: https://bit.ly/437C0BI Latest on Litigations Against Trump's Executive Actions As of May 1, 2025, the number of lawsuits against President Donald Trump's executive actions reported by the Just Security Litigation Tracker has grown to 222 (7 closed cases). 1. Mass Termination of F-1 Foreign Student Visa Records One of the most significant waves of legal action involves the mass termination of F-1 foreign student visa records. The Tracker consolidates as one case Jane Doe 1 v. Bondi (1:25-cv-01998) all the lawsuits involving the removal of F-1 foreign student visa registration, representing over 100 lawsuits filed (and 50 restraining orders) against the administration’s actions. They include Liu v. Noem (1:25-cv-00133), Deore v. U.S. Department of Homeland Security (2:25-cv-11038), and Chen v. Noem (3:25-cv-03292) although each case may vary in facts and legal arguments. According to a policy brief by the American Immigration Lawyers Association (AILA) and as reported by AsAmNews on April 22, Indian and Chinese nationals account for the majority of revoked student visas -- 50% and 14% respectively -- followed by South Korea, Nepal and Bangladesh. Amy Grenier, AILA’s Associate Director of Government Relations, advises students to document any notices received from the government or their universities. Tejas Shah, president of the South Asian Bar Association’s charitable arm, expressed concern over the lack of clarity and due process: “Students have not been given an opportunity to properly challenge the grounds for the revocations,” he said. While some students have opted to self-deport, Shah urges caution and emphasizes the importance of legal counsel and consular support before making such decisions. 2. District Court Rules Invocation Of Alien Enemies Act Was Unlawful According to AP News, Wall Street Journal, and multiple media reports, on May 1, 2025, U.S. District Court Judge Fernando Rodriguez Jr. of the Southern Disatrict of Texas ruled in the case of J.A.V. v. Trump (1:25-cv-00072) that the Alien Enemies Act (AEA) cannot be used against people who, the Trump administration claims, are gang members invading the United States. He is the first judge to bar the Trump administration from deporting any Venezuelans from South Texas under the 18th-century wartime law. “The Court concludes that the President’s invocation of the AEA through the Proclamation exceeds the scope of the statute and, as a result, is unlawful,” wrote Judge Rodriguez, who was nominated by Trump in 2018. His ruling is significant because it is the first formal permanent injunction against the Trump administration using the AEA and contends the president is misusing the law. “Congress never meant for this law to be used in this manner,” said Lee Gelernt, the ACLU lawyer who argued the case, in response to the ruling. The Alien Enemies Act has only been used three times before in U.S. history, most recently during World War II, when it was cited to intern Japanese Americans. 3. 220+ Lawsuits for First 100 Days in Office According to ABC News, in the first 100 days of Donald Trump’s second term, his administration has faced an unprecedented wave of legal challenges—more than 220 lawsuits—averaging over two per day. Approximately 60 of those cases have focused on the president's immigration policy, These lawsuits target executive orders, sweeping immigration changes, mass firings, and attacks on higher education and civil liberties. Judges across the country have blocked key parts of his agenda, including attempts to end birthright citizenship, punish sanctuary cities, and eliminate diversity initiatives. While the administration has won some temporary reprieves, courts have harshly criticized its disregard for due process and constitutional norms. In the first hundred days since Trump took office, lawyers challenging his actions in court alleged that his administration violated court orders at least six times. The administration has rebutted orders to bring Abrego Garcia back to the United States despite the Supreme Court ordering them to facilitate his release. Federal judges have accused the Trump administration of acting in "bad faith," willfully ignoring court orders, and launching what one judge called a “shock-and-awe” campaign against legal guardrails. High-profile rulings have exposed how ICE used the Alien Enemies Act to deport individuals without proper review and how student visas were revoked based on speech or minor offenses. Four law firms have sued the Trump administration after they were targeted for their past work, with each firm arguing the Trump administration unlawfully retaliated against them and violated their First Amendment rights. Judges have temporarily blocked the Trump administration from targeting Susman Godfrey LLP, Jenner & Block LLP, Wilmer Cutler Pickering Hale and Dorr LLP, and Perkins Coie LLP. "The framers of our Constitution would see this as a shocking abuse of power," U.S. District Judge Loren AliKhan said regarding the order targeting Susman Godfrey LLP. According to the New York Times Tracker, as of May 1, at least 132 of the court rulings have at least temporarily paused some of the Trump administration’s initiatives. May is Asian Pacific American Heritage Month Asian Pacific American Heritage Month originated in June 1977 when Representatives Frank Horton (New York) and Norman Y. Mineta (California) called for the establishment of Asian/Pacific Heritage Week. Hawaii senators Daniel Inouye and Spark Matsunaga introduced a similar bill in the Senate. Both bills passed, and in 1978 President Jimmy Carter signed the resolution. In 1990, President George H. W. Bush expanded the celebration from a week to a month. The monthlong celebration honors the contributions and history of Asian American Native Hawaiian Pacific Islander (AANHPI) communities in the United States. The activities have grown beyond cultural festivities to include serious themes addressing community grief and social justice, especially in response to recent anti-Asian hate incidents. Events are now held in various public spaces across the U.S., highlighting the diversity within AANHPI communities. Despite recent federal rollbacks on diversity initiatives, public interest and participation in AANHPI Heritage Month continue to expand, reflecting broader engagement in civic life and a reclaiming of space for underrepresented voices. Over 30 members of Congressional Asian Pacific American Caucus (CAPAC) members & House Democratic leaders celebrate AANHPI Heritage Month with this statement: https://bit.ly/3GwLRbL. The website asianpacificheritage.gov is the official U.S. government portal for AANHPI Heritage Month. It is a collaborative project curated by various federal cultural institutions including the Library of Congress, National Archives, National Endowment for the Humanities, National Gallery of Art, National Park Service, Smithsonian Institution, and United States Holocaust Memorial Museum. The website covers: • History of AANHPI Heritage Month: Its origins, significance, and how it came to be recognized in May. • Feature Exhibits and Collections: Digital exhibits, archival materials, and special collections that highlight AANHPI contributions to American history and culture. • Events and Programs: A calendar of public lectures, virtual tours, and educational programs hosted by federal agencies and museums. • Resources for Educators: Lesson plans, teaching materials, and historical documents that support classroom learning. • Spotlights on Notable Figures: Biographies and achievements of prominent AANHPI individuals across diverse fields such as arts, science, politics, and activism. Some of the state and local activities for the Heritage Month: • Asia Society: https://bit.ly/3EyjdGB • Asia Society Texas: https://bit.ly/3YXa40S • Cincinnati, Ohio: https://bit.ly/3S4kiJn • Fairfax County, Virginia: https://bit.ly/42SYLIn • Houston: https://bit.ly/4lUVQYn • Kansas City: https://bit.ly/44dxgM1 • Lincoln, Nebraska: https://bit.ly/4iFQpd6 • Los Angeles: https://bit.ly/3EH5gpN • Middle Tennessee: https://bit.ly/4jB5oq5 • Montgomery County, Maryland: https://bit.ly/4jQWkNs • New York: https://bit.ly/3YVuLKI • Orlando, Florida: https://bit.ly/42PWZry • San Francisco: https://bit.ly/42CO5ib • Seattle: https://bit.ly/3GuFTrB • Unexpected: https://bit.ly/42RaEhV News and Activities for the Communities 1. APA Justice Community Calendar Upcoming Events: 2025/05/04 Rep. Gene Wu's Town Hall Meeting 2025/05/05 APA Justice Monthly Meeting 2025/05/05 Silk Road Connection: Oklahoma and Gansu Celebrate 40 Years of Friendship through Culture, Music, and Education 2025/05/06 Asian American Careers - How to Build Your Personal Network, including Through Strategic Allies 2025/05/12-14 APAICS Annual Summit and Gala 2025/05/18 Rep. Gene Wu's Town Hall Meeting 2025/06/01 Rep. Gene Wu's Town Hall Meeting 2025/06/02 APA Justice Monthly Meeting 2025/06/15-18 2025 Applied Statistics Symposium Visit https://bit.ly/3XD61qV for event details. 2. The Silk Road Connection On May 5, 2025, the University of Central Oklahoma (UCO) will host a "Silk Road Connection" performance to celebrate 40 years of sister-state friendship between Oklahoma and the Gansu province of China. The in-person event is free and open to the public. It will be held at Constitution Hall in the George Nigh Center, University of Central Oklahoma, 100 N. University Drive, Edmond, Oklahoma. Reception starts at 6 pm. Performance starts at 7 pm. The event will feature traditional Chinese music and dance, hors d'oeuvres, photo opportunities with Chinese performers in traditional costumes and a performance from Oklahoma’s own Kyle Dillingham & Horseshoe Road. A delegation from Gansu will bring both government officials and a large group of professional dancers and musicians. Former UCO President and Oklahoma Governor George Nigh will also be in attendance. For more information and tickets to to event, visit: https://bit.ly/44Q5S6Z # # # APA Justice Task Force is a non-partisan platform to build a sustainable ecosystem that addresses racial profiling concerns and to facilitate, inform, and advocate on selected issues related to justice and fairness for the Asian Pacific American community. For more information, please refer to the new APA Justice website under development at www.apajusticetaskforce.org. We value your feedback. Please send your comments to contact@apajustice.org. Back View PDF May 2, 2025 Previous Newsletter Next Newsletter

Multiple media reports the China Initiative as unraveling and out of control after cases that were sensationally publicized early on by the government began to be dismissed or acquitted in courts rapidly in a span of several months. September 15, 2021 Table of Contents Overview “Security Initiative’s aim is questioned” “Why Trump’s anti-spy ‘China Initiative’ is unraveling” “Has the ‘China Initiative’ Run Its Course?” “Is China Initiative Out of Control?” “How A Chinese-Spy Hunt At DOJ Went Too Far” Links and References Overview Over a two-day period in July 2021, five similar prosecutions against Chinese researchers were summarily dropped without explanation by the Department of Justice (DOJ). They were suspected to belong to the Chinese military and might be stealing American industrial secrets under the China Initiative, but were not charged for espionage. A week earlier, DOJ dismissed charges, also without explanation, against Qing Wang, a Chinese American researcher in Cleveland, who was accused under the China Initiative of failing to disclose his affiliation with a Chinese university from which he had received funding. Less than two months later in September, a federal judge acquitted Anming Hu, a Chinese Canadian engineering professor in Tennessee, of charges stemming from allegations under the China Initiative that he hid his joint academic appointment in China in obtaining research funding from NASA. Having a mistrial and six cases dismissed within several weeks “is extraordinary,” a former federal prosecutor said. “It really undermines the credibility of the [China] initiative.” These high-profile cases raise the question of whether the China Initiative designed to address a national security threat posed by the Chinese government has strayed, targeting researchers on lesser allegations of fraud without compelling evidence that they pose a danger to the United States. “Security Initiative’s aim is questioned” On September 15, 2021, the Washington Post published on its front page As cases fail, security initiative's aim is questioned . To federal investigators, Qing Wang was an example of China’s growing effort to co-opt scientists in the United States — part of a vast campaign to steal American secrets and technology. But a string of dismissed cases including Wang's has amplified concerns among some lawmakers and activists about whether prosecutors have been overzealous in pursuing researchers of Chinese descent. The issue goes beyond whether the government is bringing prosecutions it can win. Critics say the cases raise the question of whether a program designed to address a national security threat posed by the Chinese government has strayed, targeting researchers on lesser allegations of fraud without compelling evidence that they pose a danger to the United States. In many of the cases, the Justice Department is “using language akin to spycraft, but that’s not substantiated by the charges they are bringing,” said George P. Varghese, a former federal prosecutor in Boston. For the 20 or so academics prosecuted in the past three years and linked to the China Initiative, most charges related to lack of candor — making false statements or failing to disclose ties to Chinese institutions — rather than intent to spy. All but a few of the researchers are of Chinese descent. John Hemann, a former federal prosecutor in San Francisco, worked the flagship China Initiative case: the 2018 indictment of Chinese state-owned Fujian Jinhua. He said the department was successfully prosecuting China-related economic espionage cases long before the China Initiative. But pressure to demonstrate the initiative’s success — to “show statistics,” he said, “has caused a program focused on the Chinese government to morph into a people-of-Chinese-descent initiative,’’ including Chinese-born scientists working in the United States. “Why Trump’s anti-spy ‘China Initiative’ is unraveling” On September 16, 2021, LA Times published Why Trump’s anti-spy ‘China Initiative’ is unraveling . The article covered recently dropped "China Initiative" cases including visiting UCLA researcher Lei Guan and University of Tennessee Professor Anming Hu. Michael German, a former FBI agent who serves as a fellow for the Brennan Center for Justice, said the recent dismissals revealed how weak many of the cases were. “Obviously, the FBI and Justice Department are under pressure to produce indictments against people with a so-called ‘nexus to China’ to match the political rhetoric sensationalizing the espionage threat from the Chinese government,” he said. “Even FBI analysts appear to have felt the investigators’ effort to connect these defendants to the Chinese military was overwrought.” Although much remains unknown about the Trump-era campaign, it appears that a major problem was its decision to focus on Chinese nationals and Chinese Americans working in major U.S. research universities. Not only did that approach fail to turn up persuasive evidence of spying, but the emphasis on going after a small number of individuals for academic fraud seemed too small-scale to make a dent in a purportedly massive problem. Moreover, the FBI’s tactics struck many Asian Americans as heavy-handed and discriminatory. The campaign came at a time when Asian Americans across the country were under attack with hate crimes. Defending the program, FBI Director Christopher A. Wray warned that Beijing, in its effort to overtake the U.S. economy, had resorted to industrial espionage using “non-traditional collectors” such as researchers and graduate students. He told a China Initiative conference in 2020 that the FBI had about 1,000 investigations involving China’s attempt to steal U.S.-based technology. In April 2021, the director testified before Congress that the bureau had about 2,000 open cases of economic espionage that “tie back to the Chinese government,” representing a 1,300% increase over the last few years. But in the nearly three years since the program’s launch, the China Initiative has brought just 12 prosecutions of people at academic institutions and has won convictions of four individuals. In none of those four cases did the government provide evidence of economic espionage or theft of trade secrets or intellectual property. “Has the ‘China Initiative’ Run Its Course?” On September 17, 2021, the Editor-in-Chief of The Diplomat published Has the ‘China Initiative’ Run Its Course ? The comprehensive article raised the question: After a resounding legal defeat, will the Justice Department change stance on the controversial program? The initiative potentially covers a lot of ground, making it hard at times to know what officially counts as part of the "China Initiative." “No one has been able to explain to me how a case gets labeled a China Initiative case,” [Seton Hall University Law Professor Margaret] Lewis said. “…By nature, it’s a bit of an amorphous creature.” “Is China Initiative Out of Control?” On September 25, 2021, the University World News published Professor acquittal - Is China Initiative out of control? Dr. Anming Hu, a University of Tennessee, Knoxville professor, faced federal charges related to his alleged connection to Beijing University of Technology while receiving funding from NASA. He was the first to go to trial under the China Initiative, which aims to prevent economic espionage and technology theft. However, Judge Thomas A Varlan dismissed all charges, criticizing the FBI's weak case. Despite this, Hu faced a lengthy legal ordeal, beginning with an indictment in 2020. The FBI's investigation relied on questionable evidence, including Google Translate translations and a lack of understanding of NASA grant procedures. The prosecution's case crumbled under scrutiny, revealing flaws in the FBI's methods and biases against individuals of Chinese descent. Jurors expressed disbelief in the case's merit, leading to a mistrial. The China Initiative, criticized for targeting individuals based on ethnicity, has faced calls for its end. Concerns about racial profiling and the initiative's effectiveness have prompted scrutiny from scholars, former prosecutors, and lawmakers. Despite the dismissal of charges, Hu's ordeal underscores the need for reform in how such cases are handled and the impact of biased policies on individuals and communities. “How A Chinese-Spy Hunt At DOJ Went Too Far” On September 28, 2021, Law360 published “Overheated”: How a Chinese-Spy Hunt at DOJ Went Too Far . In July 2020, Dr. Chen Song and four other visiting Chinese scientists were arrested under the China Initiative and accused of concealing their military affiliations while applying for visas in the U.S. Their cases were dropped in July 2021. Documents unearthed in the cases show politics and pressure from the top propelling bad cases forward, overwhelming skeptics within the government. Two of the visa defendants spent more than a year in jail, even though their cases were ultimately abandoned. Another was locked up nine months, with his fiancée jailed for two months as a possible witness. Song was one of the lucky ones, spending only four days in jail. According to a Law360 analysis, nearly two dozen academics have been indicted under the China Initiative, including U.S. citizens and longtime residents, and the overwhelming majority have been charged for errors on government paperwork or alleged false statements to investigators. More cases have ended in dismissals than convictions, and many defendants have accused investigators of misconduct. The initiative has led to a significant exodus of Chinese researchers from the U.S., with concerns about persecution driving many to leave. Critics also point out that the focus on Chinese economic espionage overlooks other national security threats, leading to calls for reforms and an internal DOJ investigation into the initiative. Jump to: Overview “Security Initiative’s aim is questioned” “Why Trump’s anti-spy ‘China Initiative’ is unraveling” “Has the ‘China Initiative’ Run Its Course?” “Is China Initiative Out of Control?” “How A Chinese-Spy Hunt At DOJ Went Too Far” Multiple media reports the China Initiative as unraveling and out of control after cases that were sensationally publicized early on by the government began to be dismissed or acquitted in courts rapidly in a span of several months. Previous Next 10. The China Initiative Unraveling and Out of Control

Newsletter - #130 New OSTP Director; 6/6 Meeting Summary; ODNI Report; DOS-Led "China House"; More #130 New OSTP Director; 6/6 Meeting Summary; ODNI Report; DOS-Led "China House"; More Back View PDF June 21, 2022 Previous Newsletter Next Newsletter

Newsletter - #49 House Hearing On Discrimination And Violence Against Asian Americans Today #49 House Hearing On Discrimination And Violence Against Asian Americans Today Back View PDF March 18, 2021 Previous Newsletter Next Newsletter

Zhendong Cheng Previous Item Next Item

A group of 177 Stanford University faculty members sent an open letter to US Attorney General Merrick B. Garland, requesting that he terminate the China Initiative. The campaign became national and continued until the end of the China Initiative. More than 3,100 faculty, researchers, and scientists representing over 230 institutions from all 50 states, the District of Columbia, and Puerto Rico co-signed the letters. September 8, 2021 Table of Contents Overview The Winds of Freedom Website APA Justice Launched Parallel Campaign Final Tally of the National Campaign Links and References Overview On September 8, 2021, a group of 177 Stanford University faculty members from more than 40 departments, including 8 Nobel laureates, sent an open letter to U.S. Attorney General Merrick B. Garland, requesting that he terminate the Department of Justice's "China Initiative." Three key flaws of the "China Initiative" were identified: The "China Initiative" disproportionally targets researchers of Chinese origin. In most of the "China Initiative" cases involving academics, the alleged crime has nothing to do with scientific espionage or intellectual property theft. The "China Initiative" is harming the U.S. science and technology enterprise and the future of the U.S. STEM workforce. While acknowledging the importance to U.S. of protecting both intellectual property and information that is essential to our national and economic security, the faculty members express their concerns of racial profiling and the harm to the United States' research and technology competitiveness. The initiative has led to a significant increase of investigations and prosecutions to researchers in academia, with most cases unrelated to intellectual property theft or scientific/economic espionage. The investigations have been disproportionately targeting researchers of Chinese origin. According to the letter, the chilling effect of the "China Initiative" is discouraging many scholars from coming to or staying in the U.S. Therefore, the "China Initiative" should be terminated. The Winds of Freedom Website The Stanford faculty members created a website to host the open letter and provide background and other related information . The name "Winds of Freedom" for the website comes from the Stanford motto "Die Luft der Freiheit weht" ("The Winds of Freedom Blow"). The website provides instructions on further action and tracks continuing developments. In particular, a qualified endorser is encouraged to consider a letter from faculty at his/her institution to either endorse the Stanford letter or send a similar letter. A copy of the Stanford letter is provided, along with a Google form template and some instructions which could be used to collect signatories. A qualified endorser is defined as a person with the current or former rank of professor, associate professor, assistant professor, lecturer, scholar, or administrator, who has a valid and verifiable .edu email address at an accredited university or similar educational institution in the United States. Titles and associations are for identification only; endorsers do not represent the university or institution. Where judgment on the status of an endorser may be needed, final decision will be made by the organizers of the campaign. Faculty members at Baylor College of Medicine, Princeton University, Southern Illinois University Faculty Senate, Temple University, University of California at Berkeley, University of California at Irvine, University of Michigan, University of Pennsylvania, and Yale University would soon send their letters to Attorney General Garland. APA Justice Launched Parallel Campaign On October 14, 2021, APA Justice launched a campaign in collaboration with the Stanford co-organizers, calling for additional faculty members and qualified endorsers from universities and educational institutions across the U.S. to endorse the Stanford letter. Qualified endorsers might therefore join the campaign in two ways: Sign on to this nationwide campaign as individuals: https://bit.ly/EndorseStanfordLetter Follow the Instructions in the Winds of Freedom website on further action to endorse the Stanford letter as part of an institutional letter: https://bit.ly/38ZxKre On November 3, 2021, APA Justice submitted a letter to Attorney General (AG) Garland. It was co-signed by 841 faculty members, scholars, and administrators from 202 universities and educational institutions across all 50 states plus the District of Columbia and Puerto Rico. The letter called for AG Garland to terminate the “China Initiative.” On November 24, 2021, APA Justice sent a letter to AG Garland and requested the inclusion of letters and comments from almost 2,000 faculty members, scholars, and administrators nationwide as part of the thorough review of the “China Initiative” being conducted by Assistant AG Matt Olsen. January 21, 2022, APA Justice sent a letter to AGl Garland , adding another 357 co-signers to the nationwide campaign. The parallel campaigns continued until the end of the China Initiative in February 2022. Final Tally of the National Campaign On March 3, 2022, the records showed that 3,119 faculty members from 231 institutions co-signed letters to AG Garland, calling for the termination of the China Initiative. They covered all 50 states, the District of Columbia, and Puerto Rico. In addition, 251 individuals endorsed the Stanford faculty letter to end the "China Initiative" at change.com . Jump to: Overview The Winds of Freedom Website APA Justice Launched Parallel Campaign Final Tally of the National Campaign A group of 177 Stanford University faculty members sent an open letter to US Attorney General Merrick B. Garland, requesting that he terminate the China Initiative. The campaign became national and continued until the end of the China Initiative. More than 3,100 faculty, researchers, and scientists representing over 230 institutions from all 50 states, the District of Columbia, and Puerto Rico co-signed the letters. Previous Next 9. Stanford Faculty Starts Nationwide Campaign to End China Initiative

Legislative Alert Victims Federal Agencies Congress Media Watch Legislative Alert H.R. 3038 Securing American Science and Technology Act of 2019 was introduced by Rep. Mikie Sherrill (D-NJ) on May 30, 2019. It has 33 bipartisan co-sponsors (17 D and 16 R). According to Science , this bill has been folded into H.R. 2500 National Defense Authorization Act for Fiscal Year 2020 (NDAA), which passed the House with a 220 - 197 margin on July 12. The Senate version of the NDAA, S. 1790 passed earlier on June 27, 2019 with a margin 86-8 . Its difference with the House will be resolved in conference. S. 2133 Secure American Research Act of 2019 was introduced by Sen. John Cornyn (R-TX) on July 16, 2019. It has 7 co-sponsors (4 R and 3 D). H.R. 2133 and H.R. 2500 are listed as related bills. Section 2.(3).F of S. 2133 reads as follows: "(F) develop and ensure the implementation of a means for Federal agencies listed in paragraph (2)(A) to aggregate and share Federal agency information regarding completed investigations of researchers that were determined to be knowingly fraudulent in disclosure of foreign interests, investments, or involvement relating to Federal research, which shall-- (i) be shared among agencies listed in paragraph (2)(A); (ii) not be made available to the public; and (iii) not be subject to the requirements of section 552 of title 5, United States Code (commonly known as the “Freedom of Information Act”);" "Malign Foriegn Government Talent Recruitment Program" The Bipartisan Innovation Act is the bill merging the House's America COMPETES Act and the Senate's USICA. On April 6, 2022, the White House announced a bipartisan and bicameral Congressional briefing to discuss the urgent need to invest in made-in-America semiconductors as well as research and development that will protect our economic and national security: https://bit.ly/3rhJtea . The America COMPETES bill was passed by the House on February 4, 2022. It has 3,610 pages: https://bit.ly/3vlzeXL . Pages 670-674 covers Subtitle E—Malign Foreign Talent Recruitment Program Prohibition and SEC. 10651. Malign Foreign Talent Recruitment Program Prohibition. The Senate passed its revised USICA on March 28, 2022. That bill has 2,326 pages: https://bit.ly/3M32KIh . Pages 263-267 covers Section 2303. Foreign Government Talent Recruitment Program Prohibition. Where APA Justice keeps an eye on individual and group victims, selected legislative bills and actions, federal policies and practices, and media reports and bias that may enable racial profiling and adversely impact the Asian American community Explore Watchlist WATCHLIST

Newsletter - #250 FBI Official Remarks; Florida Hearing/Rally/Ban; Contentious FISA; Commissioner Lee; + #250 FBI Official Remarks; Florida Hearing/Rally/Ban; Contentious FISA; Commissioner Lee; + In This Issue #250 · FBI Senior Official: "FBI Did Not Intend Negative Impact" · Florida: Hearing and Rally in Miami; Hiring Ban Harms Research · Biden Signs Bill Reauthorizing Contentious FISA Surveillance Program · Commissioner Yvonne Lee on USDA Equity Report and Asian American Farmers · News and Activities for the Communities FBI Senior Official: "FBI Did Not Intend Negative Impact" Speaking at the Committee 100 conference on April 19, 2024, a senior FBI official said the Bureau did not intend to create negative impact of prosecuting Chinese Academics with ties to Beijing under the previous China Initiative, according to a report by the South China Morning Post . “We value your ideas and your criticisms,” said Jill Murphy , deputy assistant director of counter-intelligence with the Federal Bureau of Investigation. “It makes us better.”Murphy added that she is a supporter of scientific collaboration with China, and that the FBI values its relationship with the Asian American community, but said it must also ensure that American secrets are protected.“Hold us accountable,” she added. “My hope is that we can continue our work together.” Shan-Lu Liu , a virology professor with Ohio State University, said too many academics had been caught up in the law enforcement campaign, undermining US competitiveness, particularly in areas that have nothing to do with national security, such as the search for a cure for cancer.The scientific community has legitimate concerns, said David Zweig , professor emeritus with the Hong Kong University of Science and Technology.There are currently 100,000 Chinese-born scientists in the United States making an enormous contribution to US science and competitiveness.There’s nothing wrong with trying to entice talent to return and blunt the brain drain, he added. Several economies have talent programs, including Germany, Canada and Taiwan. “I am one of those drains,” said the Canadian, who now lives in the US. One lesson Asian Americans need to draw from this experience, said participants in the conference, is the need to stand up more forcefully politically and ensure the right balance is maintained between security and successful collaboration.China Initiative was launched in November 2018 under the Trump administration. It originally aimed at stemming industrial espionage by Beijing; instead, the program prosecuted scientific researchers and academics with ties to China, often without strong evidence for their charges. Facing strong backlash from the Asian American and scientific communities, the Biden administration disbanded the China Initiative in 2022. Brian Sun , Partner at Norton Rose Fulbright and C100 member, served as moderator for the session.Read the South China Morning Post report: https://bit.ly/4d3L0uP At the Committee of 100 gala in the evening of April 19, 2024, a lively discussion unfolded between Nicholas Burns , the current U.S. Ambassador to China, and Gary Locke , former U.S. Ambassador to China and current Chair of the C100. They engaged in an insightful exchange, delving into the current state and recent developments in U.S.-China relations, including an upcoming visit to China by Secretary of State Antony Blinken, a pair of pandas from China is coming to the San Francisco Zoo in 2025, and the need for more U.S.-China people-to-people exchanges. Ambassador Burns said only about 900 American students are studying at Chinese universities today. This is far too few in a country of such importance to the United States. Rebuilding the student exchanges is under active consideration. Beijing has also taken steps to attract American students to study in China. Xi Jinping , President of China, said China is ready to invite 50,000 American students to exchange and study programs in the next five years during the APEC summit in San Francisco last year. Florida: Hearing and Rally in Miami; Hiring Ban Harms Research 1. Appeals Court Hearing and Community Rally Against Florida's Anti-Chinese Alien Land Law in Miami According to AP, Bloomberg News, Courthouse News, and other media reports, Ashley Gorski , senior staff attorney of the American Civil Liberties Union (ACLU), told a three-judge panel from the 11th Circuit Court of Appeals that “Florida is unlawfully restricting housing for Chinese people.” The state law known as SB 264 bars Chinese nationals and citizens from Russia, Iran, North Korea, Syria, Cuba, and Venezuela that Florida sees as a threat from buying property near military installations and other “critical infrastructure.” She asked the court to block the Florida law, calling it discriminatory and a violation of the federal government’s supremacy in deciding foreign affairs. Three of the individual plaintiffs reside in Florida on time-limited, nonimmigrant visas, and the fourth is seeking political asylum. They are being represented by ACLU, ACLU of Florida, DeHeng Law Offices PC, the Asian American Legal Defense and Education Fund (AALDEF), and the law firm Quinn Emanuel.The panel of three judges holding the hearing are Judge Charles R. Wilson , a Clinton appointee, and Trump-appointed Judges Robert J. Luck and Barbara Lagoa .Gorski compared SB 264 to long-overturned laws from the early 20th century that barred Chinese from buying property. “It is singling out people from particular countries in a way that is anathema to the equal protection guarantees that now exist,” Gorski told the court. The law specifically restricts people from China who are not citizens or lawful permanent residents from owning any real property in Florida, regardless of location. The sole exception is that people with a valid non-tourist visa or who have been granted asylum are permitted to purchase one residential property, but only if it is less than two acres and not within five miles of a military installation. Any person living in Florida that is “domiciled” in China must register their existing property with the state or face civil penalty and forfeiture consequences for failure to comply. Under the law, Chinese immigrants face up to five years in prison for trying to buy a home — the seller faces up to one year in prison — as well as thousands of dollars in fines.The challenge to Florida SB 264 is the biggest legal test so far for a torrent of state laws restricting land ownership by foreign individuals or entities. SB 264 revives a 100-year-old, discredited legal precedent that unconstitutionally discriminates against Asian immigrants. The 1920s case law has been superseded by subsequent rulings, Ashley Gorski told the Eleventh Circuit panel. SB 264 goes even further than that case, Terrace v. Thompson, in its explicit discrimination.The law has had a “chilling effect” for not only Chinese immigrants but Asian Americans generally in the state, said Bethany Li , legal director at AALDEF. “The law sends the message that Asians aren’t welcome in the state of Florida and some of the interactions that we’re seeing day-to-day are certainly reflective of that,” Li said in an interview.The U.S. government filed an amicus brief in support of the plaintiffs, arguing that the law violates the Fair Housing Act and equal protection clause of the 14th Amendment. "These unlawful provisions will cause serious harm to people simply because of their national origin, contravene federal civil rights laws, undermine constitutional rights, and will not advance the state’s purported goal of increasing public safety," the government wrote in its brief.Florida was one of 16 states that enacted legislation restricting land ownership by foreign entities or individuals last year, according to the Congressional Research Service. And lawmakers introduced bills to regulate foreign property ownership in another 20 states, it found. Opponents say Florida’s law is one of the most sweeping adopted so far.Read the AP report: https://bit.ly/4cZ4wZg . Read the Bloomberg Law report: https://bit.ly/44bPCes . Read the Courthouse News report: https://bit.ly/3w3zRte A coalition of Asian American organizations, community members, elected officials, and allies held a rally on April 19, 2024, in opposition to SB 264, a Florida law banning many Chinese immigrants from buying homes in large swaths of the state. The rally was held immediately following oral arguments at the U.S. Court of Appeals for the 11th Circuit.Activists from all over the country showed up for the rally. “Many people are leaving or considering [leaving]. The people are selling houses, because we don’t know what to do, you see, not welcoming,” Echo King , co-founder and President of the Florida Asian American Justice Alliance (FAAJA), told AsAmNews . “We don’t feel welcome. So you know, people are leaving.”King expressed during the rally that it is dangerous to conflate individuals with their country of birth. Bethany Li, legal director of AALDEF, echoed the sentiment that the law cannot be divorced from the current political climate, where both Republicans and Democrats have voiced anti-China rhetoric. “Unfortunately, from casting China as the enemy, what we see is that the direct impact of that type of anti-China rhetoric is actually on everyday interactions for Asian Americans in the United States. It worsens the types of daily interactions that we have on streets, in schools, and the workplace, trying to get homes,” Li told AsAmNews .Read the AsAmNews report: https://bit.ly/4b6WnQD . Read the press release by Stop AAPI Hate: https://bit.ly/4d4n62d 2. Science: Hiring Ban Disrupts Research at Florida Universities A report by Science on April 12 shared insights on the disruption caused by a new Florida law prohibiting the state’s 12 public universities from employing graduate students and postdocs from China and six other “countries of concern” without special permission. The report featured Zhengfei Guan , an agricultural economist at the University of Florida (UF), who failed efforts to recruit a new Chinese postdoc to join his research team last summer. The candidate rejected his offer because of concerns about the new law. The article further stated that the new law disrupts graduate admissions across Florida’s public universities. One UF department removed every student from a country of concern from a list of people the department wanted to hire as graduate assistants. Another UF department, dependent on students from the country on the list, has asked to lower its usual GPA requirement due to a lack of qualified local applicants.While universities can still hire faculty from targeted countries like China, the law is affecting recruitment. In UF's College of Liberal Arts and Sciences, the top two candidates for a tenure-track position declined offers due to the law's employment restrictions.Read the Science report: https://bit.ly/4aI2ET3 Biden Signs Bill Reauthorizing Contentious FISA Surveillance Program According to AP and multiple media reports, President Joe Biden on April 20, 2024, signed legislation reauthorizing a key U.S. surveillance law known as Section 702 of the Foreign Intelligence Surveillance Act, or FISA. The law gives the government expanded powers to monitor foreign terrorists and allows the government to gather communications from foreigners overseas without court warrants. For months, privacy and rights groups have argued that it violates Americans' constitutional right to privacy. The bill was blocked three times in the past five months, before passing the House last week by a 273-147 vote when its duration was shortened from five years to two years. Though the spy program was technically set to expire at midnight, the Biden administration had said it expected its authority to collect intelligence to remain operational for at least another year, which was approved by the Foreign Intelligence Surveillance Court.Barely missing its midnight deadline, the Senate approved the bill by a 60-34 vote. Hours before the law was set to expire, U.S. officials were already scrambling after two major U.S. communication providers said they would stop complying with orders through the surveillance program.A group of progressive and conservative lawmakers who were agitating for further changes had refused to accept the version of the bill the House sent over the previous week.The lawmakers had demanded that Chuck Schumer , D-N.Y., allow votes on amendments to the legislation that would address civil liberty loopholes in the bill. In the end, Schumer was able to cut a deal that would allow critics to receive floor votes on their amendments in exchange for speeding up the process for passage. The six amendments ultimately failed to garner the necessary support on the floor to be included in the final passage. One of the major changes detractors had proposed centered around restricting the FBI’s access to information about Americans through the program. Though the surveillance tool only targets non-Americans in other countries, it also collects communications of Americans when they are in contact with those targeted foreigners. Sen. Dick Durbin , the No. 2 Democrat in the chamber, had been pushing a proposal that would require U.S. officials to get a warrant before accessing American communications. “If the government wants to spy on my private communications or the private communications of any American, they should be required to get approval from a judge, just as our Founding Fathers intended in writing the Constitution,” Durbin said.Read the AP report: https://bit.ly/4a2k1gB Commissioner Yvonne Lee on USDA Equity Report and Asian American Farmers During the APA Justice monthly meeting on April 8, 2024, Commissioner Yvonne Lee began with warm memories of Dr. Robert Underwood who also spoke at the meeting, fondly recalling his inspiring demeanor and urging all present to embrace accountability and responsibility as public servants.Commissioner Lee has also dedicated her career to public service, having served on the U.S. Commission on Civil Rights and is the only Asian American member of the USDA Equity Commission that produced a final report for the Secretary of Agriculture in February 2024. The final report contains 66 recommendations. Three of them are specific concerns from the AANHPI community perspective. · Language access, which Commissioner Lee was happy to report, has been fully implemented last year. · Issues related to procurement, minority contracting, sub-contracting, and similar opportunities. · Land ownership. Commissioner Lee emphasized the report's significance as an official federal document chronicling AANHPI community involvement in American agriculture. She discussed the decline of Asian American agricultural dominance, citing historical discrimination. “Dating back to the 1880s, Asian American farmers have contributed two-thirds of California’s produce. Asian American growers introduced asparagus, celery, strawberries, sugar, and beans, to the American palate,” Commissioner Lee wrote in 2023. “When we examine how we want to advance social and economic justice for underrepresented communities and families, we must consider local food systems and how they were shaped. Discriminatory laws dissipated much of Asian American businesses and producers’ work in the agriculture industry.” Today Asian American farmers produced less than 2% of the food output nationwide. The 1882 Chinese Exclusion Act was a major contributor to the decline of Asian American participation in farming as it often extended to people of Asian-descendent and specifically prohibited the immigration of Chinese laborers. The Act was a gateway to additional discriminatory and exclusionary laws such as the Alien Land Laws which banned Asian Americans from owning land.The USDA Equity report serves as a poignant reminder of past achievements and ongoing challenges.There is a parallel to today’s continued assault to diminish our right to access land and properties and our role as full-fledged Americans because of a perceived background. "We can use this document to reflect and to use it to educate the public and to continue to advocate within and beyond our communities," Commissioner Lee said as she urged collective reflection and advocacy, particularly regarding recommendation number 37 on page 52 of the USDA Equity Report —"Right to Access Agricultural Land"—as a means to combat discrimination and safeguard community interests.The Committee on Foreign Investment in the United States (CFIUS), an interagency committee chaired by the Secretary of Treasury, has the authority to review, approve, or deny any proposed foreign transactions that might raise national concerns, including in the food and agricultural sector. Currently, USDA is not a CFIUS member, however, the U.S. Treasury may designate USDA as a co-lead in a CFIUS investigation on a case-by-case basis. The Equity Commission recommends that USDA serve as a permanent member of the committee and request the necessary Congressional appropriations to carry out this role.Commissioner Lee explained that this gives the public an additional tool to apply our voice and our advocacy to have one more voice to amplify.Read Commissioner Lee’s 2023 blog: https://bit.ly/3xMfb9C . Read the USDA Equity Report: https://bit.ly/4ceyXKE . A summary for the April monthly meeting is being prepared at this time. The virtual monthly meeting is by invitation only. It is closed to the press. 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 . Some Facts about Asian American Farm Workers · The agricultural labor movement was inspired by Filipino leaders and workers who pulled their resources together and brought in Cesar Chavez . Read the NPR report about the forgotten Filipinos Who Led A Farmworker Revolution: https://bit.ly/4d6vsX0 · The Bing Cherry was named after a farm worker known by the name of Ah Bing , not Bing Crosby . Ah Bing was a head foreman for a commercial cherry nursery near the city of Milwaukie, Oregon. He was known to be a Chinese immigrant and worked at the nursery for over 35 years. He returned to China in 1889 to visit his family. While he was visiting, tensions rose in the Pacific Northwest against Chinese workers due to the Chinese Exclusion Act of 1882. New restrictions were placed on travel, and borders were sealed, preventing Ah Bing from returning to the United States. He did not leave records or any information behind, leading Bing cherries to be the only memory. Read the Atlas Obscura report: https://bit.ly/4b4bRoJ · Before Disneyland, strawberry fields flourished. In 2022, PBS recounted the Fujishige family’s journey, starting in the 1920s when their Japanese parents faced land ownership restrictions due to racist laws. In 1942, when the U.S. military forced Japanese Americans to evacuate the West Coast, the Fujishige family moved in with relatives in Utah. Despite adversity, the brothers bought a 58-acre berry farm for $3,500 in 1953, after the Supreme Court overturned the Alien Land Law. They grew strawberries, vegetables and herbs. Despite Disney's offer to buy the land for $90 million, they refused. The city attempted to seize the land in 1985, leading to Masao Fujishige 's tragic suicide. Expressing solidarity with other people of color who have struggled to hold on to their land across the United States, Hiroshi Fujishige told the LA Times in 1991 that he didn't want to sell too early because he "didn't want to end up like those Indians who used to own Manhattan Island.". The family finally sold the farm in 1998, paving the way for Disney's California Adventure. Read the PBS report: https://bit.ly/3Qd7Ki7 News and Activities for the Communities 1. APA Justice Community Calendar Upcoming Events: 2024/04/30 Understanding Implicit Bias and How to Combat It2024/05/02 AAGEN 2024 Executive Leadership Workshop2024/05/04 Corky Lee's Asian America: Fifty Years of Photographic Justice Book Tour2024/05/05 Rep. Gene Wu's Town Hall Meeting 2024/05/06 APA Justice Monthly Meeting2024/05/13-14 2024 APAICS Legislative Leadership Summit2024/05/14 Serica Initiative: 7th Annual Women's Gala dinnerVisit https://bit.ly/45KGyga for event details. Back View PDF April 22, 2024 Previous Newsletter Next Newsletter

Newsletter - #102 Census Bureau Leadership/Sherry Chen/Link to DOC Racial Profiling; Media Reports #102 Census Bureau Leadership/Sherry Chen/Link to DOC Racial Profiling; Media Reports Back View PDF December 16, 2021 Previous Newsletter Next Newsletter

Newsletter - #161 Franklin Tao; National Strategy; House Committees; Texas Bill; Asian Student Stabbed​ #161 Franklin Tao; National Strategy; House Committees; Texas Bill; Asian Student Stabbed ! Back View PDF January 19, 2023 Previous Newsletter Next Newsletter

Newsletter - #199 8/7 Meeting; Warrantless Surveillance; New Red Scare; Chen v FBI; Understanding FBI; + #199 8/7 Meeting; Warrantless Surveillance; New Red Scare; Chen v FBI; Understanding FBI; + In This Issue #199 2023/08/07 APA Justice Monthly Meeting Warrantless Surveillance - Section 702 of FISA Must Not Be Reauthorized Without Major Reforms The Case of Dr. Yanping Chen vs FBI, DOJ, DOD and DHS Reminder: Webinar on Understanding the FBI: Its Mission, Motivations, and Tactics News and Activities for the Communities 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 Florida lawsuit 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; and a brief report by Professor Shuang Zhao 赵爽 , Co-President, Yick Wo Institution 益和学会 Andy Wong, Managing Director of Advocacy, 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, to give a brief introduction of APIAVote, observations on the communities' reaction to the alien land bills/laws, the introduction of laws in some states criminalizing those who assist voters (AP report: https://bit.ly/3NM9z3s ), and plans for the upcoming 2024 election 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 FCRTV Webinar on July 22, 2023 On July 22, 2023, Florida Chinese Radio Television (FCRTV) 佛州华语广播电视台 broadcast a webinar in Chinese. Titled 从微信禁令案到佛州地产限购法案，朱可亮律师讲解在美华人的维权之路和启发 (From the WeChat Ban Case to the Florida Alien Land Law, Attorney Zhu Keliang explains the road and inspiration of Chinese people in the United States to defend their rights), the featured speaker of the webinar was Attorney Clay Zhu 朱可亮. Watch the FCRTV video at: https://www.youtube.com/watch?v=zOqobsVDX_A (2:05:26). Warrantless Surveillance - Section 702 of FISA Must Not Be Reauthorized Without Major Reforms On June 26, 2023, Asian American Scholar Forum (AASF), American Civil Liberties Union (ACLU), APA Justice, Brennan Center for Justice, and the Committee of 100 (C100) co-hosted a webinar on "Perils of Warrantless Surveillance - The Case for Foreign Intelligence Surveillance Act (FISA) Reform." Congresswoman Pramila Jayapal led off the webinar with opening remarks. Panelists were Gang Chen 陈刚 , Soderberg Professor of Power Engineering, MIT; Elizabeth Goitein , Senior Director, Brennan Center for Justice; Ashley Gorski , Senior Staff Attorney, ACLU; Brian A. Sun 孙自华 , Partner at Norton Rose Fulbright and C100 Board Member. The webinar was moderated by retired Judge Lillian Sing 郭丽莲 , California Superior Court. Section 702 of FISA was first enacted in 2008. The U.S. Constitution protects its people against unreasonable searches and seizures. However, under Section 702, the U.S. government engages in mass, warrantless surveillance of phone calls, text messages, emails, and other electronic communications between Americans and foreigners. Information collected under this law without a warrant can be used to prosecute and imprison people, even for crimes that have nothing to do with national security. Asian Americans, especially Chinese Americans and the immigrant and scientific communities, have been targeted for warrantless surveillance that led to wrongful and unjust prosecutions. They include Temple University Professor Xiaoxing Xi 郗小星 and possibly New York Police Department Officer Baimadajie Angwang 昂旺 . The current authority of Section 702 will expire on December 31, 2023. Congress has started debate on the reauthorization of Section 702. It is not the only tool being used to spy on American citizens without a warrant, which is in possible violation of the Fourth Amendment of the Constitution. A number of civil society organizations and national organizations have already weighed in and issued statements to oppose Section 702 reauthorization and warrantless surveillance unless there are major reforms. Subsequent to the June 26 webinar, a group of diverse national, state, and local organizations and individuals has been formed to plan for follow-up actions by the Asian American communities. A kickoff planning meeting was held on August 3, 2023.Watch the June 26 webinar: https://www.youtube.com/watch?v=3k56a4KuSn0 . Read the APA Justice web page on Warrantless Surveillance: https://bit.ly/3O6T43Q The Case of Dr. Yanping Chen vs FBI, DOJ, DOD and DHS Dr. Yanping Chen 陈燕平 is a naturalized U.S. citizen born in China. She was a cardiologist and medical researcher with the Chinese astronaut program. She came to the U.S. in 1987 to study and earned a Master’s degree and a Ph.D. in Public Policy from George Washington University. She married a U.S. citizen, became a lawful permanent resident in 1993, and a U.S. citizen in 2001. In 1998, Dr. Chen founded the University of Management and Technology in Arlington, Virginia, to provide secondary and graduate education to working adults. More than 12,000 students have received degrees in the last 20 years.In 2010, Dr. Chen became the focus of a Federal Bureau of Investigations (FBI) investigation. After 6 years of investigation, Dr. Chen was told that no charges will be filed against her in 2016. However, confidential information from the investigation was allegedly leaked to Fox News in or around 2017. On December 21, 2018, Dr. Chen filed a privacy lawsuit against the FBI, Department of Justice, Department of Defense, and Department of Homeland Security.According to Voice of America on August 3, 2023, Judge Christopher Cooper of the U.S. District Court for the District of Columbia issued a ruling that would force Catherine Herridge , then a journalist at Fox News and currently a CBS News correspondent, to participate in a deposition regarding the identity of her anonymous sources from her 2017 series of stories. In 2022, Dr. Chen subpoenaed Herridge and Fox News to try to determine the alleged leaker’s identity, but the journalist and news outlet rebuffed her efforts, citing First Amendment protections afforded to the press.But in Cooper’s ruling, he said Chen’s need for the evidence outweighed Herridge’s First Amendment privilege.According to the Washington Post on June 5, 2006, Wen Ho Lee 李文和 , a former nuclear weapons scientist who came under government suspicion of being a spy for China, settled a lawsuit over violation of his privacy rights and received $1.65 million from the government and five news organizations, including The Washington Post. Under the settlement, which was filed in U.S. District Court in Washington DC and cited in a joint statement by the five news organizations, Lee received $895,000 from the government for legal fees and taxes related to his lawsuit accusing the U.S. Justice Department and Energy Department of violating his rights under the Privacy Act by leaking information that he was under investigation for suspected espionage.The five news organizations -- the Washington Post , the New York Times , the Los Angeles Times , the Associated Press and ABC News -- agreed to pay Lee a total of $750,000 as part of the settlement.Read the Voice of America report: https://bit.ly/3OlJ5Gf . Read the Washington Post report : https://wapo.st/43YOM2N . Read the APA Justice web page on Dr. Yanping Chen : https://bit.ly/APAJ_Yanping_Chen Reminder: Webinar on Understanding the FBI: Its Mission, Motivations, and Tactics On August 10, 2023, the Asian American Scholar Forum will host a webinar on Understanding the FBI: Its Mission, Motivations, and Tactics, featuring Michael German. Mike is a fellow with the Liberty and National Security Program of the Brennan Center for Justice at New York University Law School, where his work focuses on counterterrorism, law enforcement, and intelligence reform. He previously served sixteen years as a special agent with the Federal Bureau of Investigation (1988- 2004), where he conducted criminal investigations and undercover operations. He is the author of “Disrupt, Discredit, and Divide: How the New FBI Damages Democracy“ (New Press, 2019). Register for the event at https://bit.ly/3pAMzwh News and Activities for the Communities 1. APA Justice Launches Community Events Calendar APA Justice has launched a Public Events Calendar on the front page of its website at https://www.apajustice.org/ . The new feature allows readers to view upcoming events with brief descriptions in one stop. Options are available to view the events by day, week, month, and agenda. We thank summer interns Charlotte Ding and Ryan Zhao for implementing this important functionality. 2. 2023/08/26 March on Washington On August 26, 2023, a 2023 March on Washington will commemorate the 60th anniversary of the historic March on Washington, organized by Dr. Martin Luther King Jr. and other civil rights leaders in 1963, to continue the fight for democracy, social justice and civil rights. Join the King family at the Lincoln Memorial to honor the past, acknowledge the present and march toward a future of progress and equality.Advancing Justice | AAJC is co-chairing this momentous event along with ADL, Human Rights Commission, Lawyers’ Committee for Civil Rights Under Law, The Leadership Conference on Civil and Human Rights, Legal Defense Fund, NAACP, National Coalition on Black Civic Participation, National Council of Negro Women, National Urban League and UNIDOS. Read the Advancing Justice | AAJC announcement: https://bit.ly/3E2JUPP . Register to join the Asian American, Native Hawaiian, and Pacific Islander Contingent at the 60th Anniversary of the March on Washington: https://bit.ly/3qjWTsY 3. Ji-Hyun Lee - 120th President of the American Statistical Association The American Statistical Association announced the election of Ji-Hyun Lee as its president. Her term begins January 1, 2025, with a one-year term as president-elect beginning January 1, 2024. Lee is believed to be the first person of Asian descent to serve in that capacity. "Understanding basic statistical and data literary is not only just important for students but is becoming increasingly crucial for everyone in the workforce," Lee said. "With the rapid growth of data-driven jobs and widespread use of data in the various sectors, data science and statistical education are vital for building a strong American workforce and maintaining competitiveness." Lee is a professor of biostatistics at the University of Florida College of Public Health and Health Professions and the University of Florida College of Medicine. She was on the board of directors for the Korean International Statistical Association from 2017 to 2022. Back View PDF August 6, 2023 Previous Newsletter Next Newsletter