Newsletter - #224 Henry Kissinger; 12/12 Section 702 Briefing; WH Commission/WH Fellows; DETERRENT Act #224 Henry Kissinger; 12/12 Section 702 Briefing; WH Commission/WH Fellows; DETERRENT Act In This Issue #224 · Invited Report: Dr. Kissinger's Passing and the Debate over His One-China Policy · 12/12 Community Briefing on Section 702 of FISA · President's Advisory Commission Renewed; White House Fellows Program Opens · CAPAC Chair Urges Opposition to DETERRENT Act on House Floor · News and Activities for the Communities Invited Report: Dr. Kissinger's Passing and the Debate over His One-China Policy Author: Juan Zhang , Editor, US-China Perception Monitor/ 中美印象, Carter Center, Juan.Zhang@cartercenter.org On November 29, 2023, Dr. Henry Kissinger , former U.S. Secretary of State, passed away at the age of 100. Dr. Kissinger advised 12 U.S. presidents on foreign policy, from President Kennedy to President Biden . The foreign policies he shaped influenced the lives of billions of people worldwide.This is especially true when it comes to China. In the early 1970s, Dr. Kissinger, with a strategic vision and great wisdom, opened the door for China to engage with the United States. China has since changed profoundly. The one-China policy and strategic ambiguity toward cross-strait was at the heart of the China policy that Dr. Kissinger and his aides crafted. This policy has helped maintain peace in East Asia for decades, laying the foundation for the region's prosperity.In light of growing competition in US-China relations, the policy of strategic ambiguity has become a point of tension. China hawks explicitly call for arming and defending Taiwan. Even President Biden has “misspoken” four times in recent months that the U.S. will come to Taiwan’s defense if China uses force. Under those noises, some experts and former diplomats have started to voice their support for policies that will and have maintained cross-strait peace. In a recent in-depth interview with the US-China Perception Monitor of the Carter Center, Ambassador Winston Lord , the close aide who accompanied Dr. Kissinger on visiting China in 1970s, shared his view on this question: The bipartisan Taiwan policy of nine American Presidents is one of the greatest diplomatic achievements in recent history, and "strategic ambiguity" is an essential part of that policy. …… To switch to "strategic clarity" would destroy a half-century of "One China" policy, upend our relationship with Beijing, and give Taiwan leaders the green light to take provocative actions, assuring that we would come to their defense in case of conflict, no matter what the origins.(Read the full piece: https://uscnpm.org/2023/11/30/ambassador-winston-lord/ ) Furthermore, three top-notch experts on China/Taiwan published a joint article on Foreign Affairs . In their piece, Bonnie S. Glaser , Jessica Chen Weiss , and Thomas J. Christensen argue that the United States cannot rely solely on deterrence to China. It should use a combination of assurance and deterrence. While strengthening deterrence, the United States should assure China that it will not support Taiwan's independence. At the same time, China must continue to explore peaceful unification means. Those points reflect fundamental elements of the strategic ambiguity policy that Dr. Kissinger, Ambassador Lord, and others established decades ago. (Read the full piece: https://www.foreignaffairs.com/taiwan/taiwan-china-true-sources-deterrence ) Community Briefing on Section 702 of FISA WHAT: Webinar - Community Briefing on Section 702 of FISA: Sweeping Reforms to Warrantless Surveillance Initiative WHEN: December 12, 2023, 2-3 pm ET/11-12 noon PT HOSTS: Asian American Scholar Forum (AASF), Advancing Justice | AAJC, APA Justice, Brennan Center for Justice, Chinese for Affirmative Action (CAA) MODERATOR: Eri Andriola , Associate Director of Policy & Litigation, AASF SPEAKERS: · Noah Chauvin, Counsel, Liberty & National Security, Brennan Center for Justice · Joanna YangQing Derman, Director of Anti-Profiling, Civil Rights, and National Security, Advancing Justice | AAJC · Gisela Perez Kusakawa, Executive Director, AASF · Andy Wong, Managing Director of Advocacy, CAA DESCRIPTION: The briefing will feature civil rights, national security, and policy experts, who will break down what Section 702 of the Foreign Intelligence Surveillance Act (FISA) is and how it impacts Asian American communities. Panelists will discuss the key reform bills at play, including the Government Surveillance Reform Act (GSRA) and the Protecting Liberty and Ending Warrantless Surveillance Act (PLEWSA), and how the Asian American community and advocates can get involved on this issue. REGISTRATION: https://bit.ly/41ejxkG Breaking News: NBC News reported on December 6, 2023, that lawmakers have reached an agreement to temporarily extend the Foreign Intelligence Surveillance Act (FISA). The agreement to reauthorize FISA through April 2024 is part of bipartisan and bicameral negotiations over a path forward for the annual National Defense Authorization Act (NDAA). Read the NBC News report: https://nbcnews.to/3Nho4Nv Earlier on December 5, 2023, a post on X, previously Tweeter, by Punchbowl News reported that House Speaker Mike Johnson nixed (more permanent) reauthorization of Section 702 in the NDAA. Read the X post: https://bit.ly/47Mdvdj President's Advisory Commission Renewed; White House Fellows Program Opens On September 29, 2023, President Joe Biden signed Executive Order 14109 to renew the President's Advisory Commission through September 2025. The action also amends Executive Order 14031 to provide commissioners with new authorities to more effectively communicate their work with the public. Established in May 2021, and co-chaired by Health and Human Services (HHS) Secretary Xavier Becerra and U.S. Trade Representative Ambassador Katherine Tai , the 25-member Commission of AA and NHPI leaders advises the President on ways the public, private and non-profit sectors can work together to advance equity, justice, and opportunity for AA and NHPI communities. Read the White House announcement: https://bit.ly/3T8P2un White House Fellows Program Opens Applications for the Class of 2024-2025 White House Fellows Program is now open through 3:00 p.m. ET on Friday, January 5, 2024. You can apply here now: https://bit.ly/3OGlwb1 . Individual registration is required. On December 7, 2023, starting at 8 pm ET, the White House Initiative on Asian Americans, Native Hawaiians, and Pacific Islanders (WHIAANHPI) will host an online event for the public to learn how to apply, explore selection criteria, and ask for advice directly from Asian American, Native Hawaiian, and Pacific Islander alumni panelists. Register for "An Introduction to the White House Fellows Program" here: https://bit.ly/3RbsAxZ Meet The AANHPI Team at The White House From left to right: · Krystal Ka‘ai , Executive Director, White House Initiative on Asian Americans, Native Hawaiians, and Pacific Islanders · Neera Tanden , Senior Advisor to the President and White House Staff Secretary · Erika L. Moritsugu , Deputy Assistant to the President and AA and NHPI Senior Liaison · Philip Kim , Senior Advisor, White House Office of Public Engagement They were introduced by Hannah Y. Kim , Asia-Pacific policy adviser to the White House Chief of Staff, in a video celebrating the Asian American, Native Hawaiian and Pacific Islander Heritage Month during the APA Justice monthly meeting on May 1, 2023. A summary for the monthly meeting has been posted at https://bit.ly/3RwbRa0 . Other speakers at the meeting were · Nisha Ramachandran, Executive Director, Congressional Asian Pacific American Caucus, nisha.ramachandran@mail.house.gov · John Yang 杨重远, President and Executive Director, Advancing Justice | AAJC · Gisela Kusakawa, Executive Director, Asian American Scholar Forum (AASF), gpkusakawa@aasforum.org · Brenna Isman , Director of Academy Studies, National Academy of Public Administration (NAPA) · Paula Williams Madison, Former Print and TV Journalist, Retired NBCUniversal executive CAPAC Chair Urges Opposition to DETERRENT Act on House Floor According to a press release by the Congressional Asian Pacific American Caucus (CAPAC) on December 6, 2023, CAPAC Chair Rep. Judy Chu (CA-28) took to the House Floor to urge her colleagues to vote in opposition to H.R. 5933 , the DETERRENT Act.Her remarks as delivered:“As Chair of the Congressional Asian Pacific American Caucus, I rise in strong opposition to the DETERRENT Act.“The DETERRENT Act would burden higher education institutions and federal agencies by needlessly complicating existing research security measures. Further, the bill would impose unreasonably expansive reporting requirements on individual researchers. What is worst is that it would broadcast their personal information on public databases, therefore casting a chilling effect disproportionately on the Asian American academic community.“From the incarceration of Japanese Americans in World War II to racial profiling of Chinese American scientists under the failed China Initiative, countless Asian Americans have had their lives destroyed because our government falsely accused them of being spies. Already, seventy two percent of Asian American academic researchers report feeling unsafe. “Safeguarding national security can be done through commonsense reforms that Democrats have offered that don’t come at the expense of U.S. scientific innovation, global collaboration, and the Asian American community. In fact, Congressmember Bobby Scott has submitted such an amendment that is a commonsense reform. In the meanwhile, this bill, the DETERRENT Act, is a bill that I urge all my colleagues to vote no on.” News and Activities for the Communities APA Justice Community Calendar Upcoming Events: 2023/12/06 1882 Foundation Lecture and Reception: We are Americans 2023/12/07 An Introduction to The White House Fellows Program2023/12/10 Rep. Gene Wu 's Weekly town hall meeting 2023/12/12 Community Briefing on Section 702 of FISA2023/12/17 Rep. Gene Wu 's Weekly town hall meeting Visit https://bit.ly/45KGyga for event details. Back View PDF December 7, 2023 Previous Newsletter Next Newsletter

Davis Lu Docket ID: 1:21-cr-00226 District Court, N.D. Ohio Date filed: Apr 1, 2021 On April 14, 2021, the Department of Justice announced the indictment of Davis Lu, 51, of Houston, Texas, with one count of damaging protected computers. The Defendant allegedly used his position as a software developer to execute malicious code on his employer's computer servers. Relatively modest losses of more than $5,000 resulted from the incident. Previous Item Next Item

Newsletter - #114 2/7 Meeting Summary; "China Initiative" Ending; Xi Appeals; OSTP Actings; AAPI History #114 2/7 Meeting Summary; "China Initiative" Ending; Xi Appeals; OSTP Actings; AAPI History Back View PDF February 22, 2022 Previous Newsletter Next Newsletter

Mingqing Xiao Previous Item Next Item

Newsletter - #139 Special Edition on the Campaign to Oppose the Nomination of Mr. Casey Arrowood #139 Special Edition on the Campaign to Oppose the Nomination of Mr. Casey Arrowood Back View PDF August 24, 2022 Previous Newsletter Next Newsletter

Newsletter - #135 8/1 Monthly Meeting; SCBA Webinar on Dialogue with NIH; 7/11 Meeting Summary; CHIPS+ #135 8/1 Monthly Meeting; SCBA Webinar on Dialogue with NIH; 7/11 Meeting Summary; CHIPS+ Back View PDF July 28, 2022 Previous Newsletter Next Newsletter

Newsletter - #294 11/18 Meeting; Science Editorials and Report; Deportation? Stop AAPI Hate Town Hall; + #294 11/18 Meeting; Science Editorials and Report; Deportation? Stop AAPI Hate Town Hall; + In This Issue #294 · 2024/11/18 APA Justice Monthly Meeting · Science Editorials and Report on Politicization, Taking Stock, and Election Outcome · NBC News : Deportation of Undocumented Chinese First? · Stop AAPI Hate Town Hall · News and Activities for the Communities 2024/11/18 APA Justice Monthly Meeting The next APA Justice monthly meeting will be held via Zoom on Monday, November 18, 2024, starting at 1:55 pm ET. The meeting was moved to avoid conflicts with Election Day. In addition to updates by Nisha Ramachandran , Executive Director, Congressional Asian Pacific American Caucus (CAPAC), Joanna YangQing Derman , Program Director, Advancing Justice | AAJC, and Dr. Kai Li , Vice President, Asian American Scholar Forum (AASF), confirmed speakers are: · Rosie Levine , Executive Director, US-China Education Trust · Michael Wong , Board Member and Former National Vice President, Veterans for Peace · Peter Michelson , Luke Blossom Professor in the School of Humanities & Sciences and Professor of Physics, Stanford University Senator-Elect Andy Kim is invited to give remarks.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 APAJustice - Steven Pei 白先慎 , Vincent Wang 王文奎 , and Jeremy Wu 胡善庆 - or send a message to contact@apajustice.org . Science Editorials and Report on Politicization, Taking Stock, and Election Outcome In an editorial titled "Science is neither red nor blue" published in Science , Marcia McNutt , President of the U.S. National Academy of Sciences (NAS), addresses the increasing politicization of science in the United States and calls for renewed efforts to rebuild public trust. She highlights the apolitical nature of science and its role as a vital tool for predicting outcomes and informing policy, while urging scientists to better explain its norms, acknowledge its limitations, and avoid implying that science dictates policy. The NAS emphasizes the need for objective, evidence-based guidance informed by diverse perspectives and highlights the importance of combating misinformation. While science can project the consequences of policy decisions, it is ultimately up to elected officials and society to weigh values and priorities. The NAS reaffirms its commitment to objectivity, independence, and excellence, offering its expertise to help the new administration address pressing societal challenges."The public and policymakers can discuss and debate how to respond to the myriad challenges that confront society, but these deliberations need to be informed by the objective, dispassionate evidence that only science can provide," the editorial states.Read the Science editorial: https://bit.ly/4ftFNwZ In an editorial titled "Time to take stock" published in Science , Editor-in-Chief H. Holden Thorp examines the challenges facing the scientific community following Donald Trump ’s reelection. Thorp highlights the alienation of Americans who distrust institutions, including science and higher education, as a key issue. Trump’s success, driven in part by divisive rhetoric, reflects a deeper disaffection that science leaders must address by fostering inclusivity and rebuilding trust in science. Thorp critiques the scientific community’s previous efforts to counter political attacks, noting that confrontational responses on social media and cable news during Trump’s first term failed to build public confidence. The pandemic, in particular, highlighted the limitations of these approaches, as platforms amplifying division undermined trust in science. Further damage comes from institutions mishandling misconduct, resisting transparency, and prioritizing reputations over accountability.To rebuild trust, the editorial urges scientists to reject the opacity of traditional institutions. Instead, they should embrace openness to new data, accessibility, and a clear prioritization of public interest over institutional self-protection. With political attacks on science expected to escalate over the next four years, Thorp calls on the scientific community to adopt strategies that not only defend against these assaults but also strengthen public confidence in science."The reelection of Donald Trump for a second, nonconsecutive term as US president ... underscores a reality: Although his success stems partly from a willingness to tap into xenophobia, sexism, racism, transphobia, nationalism, and disregard for truth, his message resonates with a large portion of the American populace who feel alienated from America’s governmental, social, and economic institutions. These include science and higher education," the editorial states. "The attacks are going to keep coming and probably accelerate for the next 4 years. As painful as that will be, it’s up to the scientific community to respond in a way that makes those blows less successful."Read the Science editorial: https://bit.ly/4i3EFlE A report by Science warns that Donald Trump ’s reelection and Republican control of Congress pose significant challenges for U.S. science. Advocates fear reduced funding for basic research and restrictive immigration policies could stifle innovation. Former National Science Foundation Director Neal Lane cautioned, “There’s no good news for science in this election,” as Republicans may prioritize deficit reduction over long-term research investments. These policies could also undermine climate science and public health, with Trump likely to ignore scientific consensus on issues like global warming. Leadership changes in Congress add to these concerns. Senator Ted Cruz , expected to chair the Senate commerce and science committee, has criticized diversity initiatives and climate action, raising alarms about his potential impact on science policy. In the House, Republicans may weaken the CHIPS and Science Act, jeopardizing planned funding increases for the National Science Foundation. “It could be a very dark time for universities,” said one higher education lobbyist, reflecting widespread anxiety over the political climate.Climate and U.S.-China relations are emerging as key flashpoints. Trump’s potential withdrawal from the Paris Agreement and efforts to repeal the Inflation Reduction Act could hinder federal climate initiatives, though bipartisan support for clean energy projects offers some hope. Meanwhile, a revival of restrictive policies like the China Initiative risks damaging international scientific collaborations. “Our prosperity as a nation is built upon the federal investment in research,” emphasized MIT geophysicist Maria Zuber , highlighting the stakes for U.S. leadership in science. With Congress deadlocked over the 2025 budget, agency funding remains frozen, threatening deep cuts to civilian research programs. If unresolved by January, Trump’s administration could rewrite the spending plan, potentially deprioritizing science. Advocates stress the need for robust research investments to maintain U.S. competitiveness, warning that the next four years could mark a critical decline in national scientific leadership.Read the Science report: https://bit.ly/4fu2txn NBC News : Deportation of Undocumented Chinese First? According to NBC News on November 15, 2024, Asian American organizations are preparing for the potential impact of Donald Trump ’s campaign promise of mass deportations, particularly targeting undocumented Chinese nationals deemed to be of "military age." Sources suggest these actions, reportedly tied to national security concerns and anti-China sentiment, have prompted community groups to intensify efforts to educate immigrants on their rights, provide legal resources, and develop in-language materials. Anti-China sentiment has grown under successive administrations, increasingly framing Chinese nationals as security threats. Advocates argue these policies reflect racial profiling trends that harm Asian American communities. Bethany Li , executive director of the Asian American Legal Defense and Education Fund, highlighted this targeting as a continuation of historical patterns, referencing anti-Chinese alien land laws and the Trump-era China Initiative. “We know that both the state and federal government have deemed China as a national security threat,” Li said. “We saw this in World War II with Japanese Americans and post-9/11 with Muslim and South Asian men.” Jo-Ann Yoo , executive director of the Asian American Federation that works with 70 member agencies, shared that her organization has been proactively scenario-planning for months to counteract Trump’s immigration promises. “We’re working to get ahead of these challenges,” she noted, emphasizing the importance of solidarity and preparation. Jo-Ann Yoo , executive director of the nonprofit Asian American Federation, a New York-based umbrella organization that works with 70 member agencies, said that for the past few months, her group has convened meetings and engaged in scenario planning in an effort to get ahead of Trump’s immigration promises. Yoo said that it is important for vulnerable communities to stand in solidarity. “There is no time for rest. We are seeing real danger,” she said. “We’re going to push and we’re going to have to be brave.”Read the NBC News report: https://bit.ly/3VjqAH5 Stop AAPI Hate Town Hall WHAT : Stop AAPI Virtual Town Hall WHEN : November 18, 2024, 8:00 pm ET WHERE : Online Event HOST : Stop AAPI Hate DESCRIPTION : The re-election of Donald Trump presents a monumental threat to our rights, our freedoms, and our safety. But we can and we will fight back together against his administration’s racist and hate-fueled agenda. Join this virtual town hall with Stop AAPI Hate and other movement leaders to learn more about the dangers our communities face under the next administration and how we can mobilize in opposition to Trumpism — far-right extremism, authoritarianism, xenophobia — and in support of a fairer, more equitable vision of America. REGISTRATION : https://bit.ly/3AGnMwt News and Activities for the Communities 1. APA Justice Community Calendar Upcoming Events:2024/11/18 APA Justice Monthly Meeting2024/11/18 Stop AAPI Virtual Town Hall2024/11/24 Rep. Gene Wu's Town Hall Meeting 2024/12/08-10 National Immigrant Inclusion Conference2024/12/08 Rep. Gene Wu's Town Hall Meeting2024/12/11 Webinar on Alien Land Laws2025/01/06 APA Justice Monthly MeetingVisit https://bit.ly/3XD61qV for event details. 2. Air Force Honors Sabu Dastagir On November 12, 2024, the U.S. Air Force unveiled a portrait of Sgt. Sabu Dastagir , a Hollywood actor-turned-American Airman, in a ceremony at the Pentagon. The event, led by Under Secretary of the Air Force Melissa Dalton and Assistant Secretary Dr. Ravi Chaudhary , marked a historic addition to the Pentagon’s World War II hallway. Dastagir, an Indian American actor known for films like The Thief of Baghdad and The Jungle Book, enlisted in the Army Air Forces during WWII. Serving as a tail gunner with the 370th Bomb Squadron, he flew dozens of combat missions in the Pacific, earning five Air Medals and the Distinguished Flying Cross with Valor. He passed away in 1963 at age 40. The portrait, donated by Houston artist June Xu , now joins the Air Force Historic Program.June Xu, a lifelong passionate painter and fine arts student at the University of Houston, is known in Texas for her activism, particularly during last year’s protests against SB147, an alien land bill that would ban land ownership by Chinese nationals. Her advocacy, including organizing protests and legislative meetings, deepened her commitment to amplifying Asian American experiences.In April, Xu joined the Committee of 100’s "Next Generation Leader" program, connecting with a project to spotlight Asian American military stories. She described contributing the portrait as a personal milestone and a broader triumph for representation. “This is a historic moment for our community,” Xu said. “If we don’t tell our own stories, mainstream society certainly won’t do it for us.” Read the U.S. Air Force announcement: https://bit.ly/3ZaMHl5 . Read the 休斯顿在线 report: https://bit.ly/48RVr2V 3. National Immigrant Inclusion Conference WHAT : National Immigrant Inclusion Conference WHEN : December 8-10, 2024 WHERE : In person, Houston, Texas HOST : National Partnership for New Americans FOR MORE INFORMATION/REGISTRATION : https://bit.ly/3YUq7vB 4. APA Justice Newsletter Web Page Moved to New Website As part of its continuing migration to a new website under construction, we have moved the Newsletter 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 . Back View PDF November 18, 2024 Previous Newsletter Next Newsletter

Newsletter - #126 Nikkei Asia Report; Yale Senate Resolution; New Chancellor/President; Norm Mineta; + #126 Nikkei Asia Report; Yale Senate Resolution; New Chancellor/President; Norm Mineta; + Back View PDF May 25, 2022 Previous Newsletter Next Newsletter

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 - #89 Nationwide Endorsement Call; 10/19 UTK Webinar; Wen Ho Lee Revisited; DARPA Alert #89 Nationwide Endorsement Call; 10/19 UTK Webinar; Wen Ho Lee Revisited; DARPA Alert Back View PDF October 14, 2021 Previous Newsletter Next Newsletter

Xin Wang 王欣 Docket ID: 3:20-cr-00251 District Court, N.D. California Date filed: Jun 22, 2020 Date ended: July 23, 2021 Table of Contents Overview Five “Visa Fraud” Cases Links and References Overview On July 23, 2020, the Department of Justice (DOJ) announced the arrest of four scientists from China on claimed visa violation, including Dr. Xin Wang. A fifth scientist was arrested for similar charges in August 2020. Dr. Xin Wang was issued a multiple entry J1 non-immigrant visa on December 17, 2018. The visa application stated that he was employed by the Air Force Military University and the purpose of his visit was to conduct research neurology at the University of California, San Francisco (UCSF). In his visa application, he stated that he had previously served as an Associate Professor in Medicine in the Chinese Army, also known as the People’s Liberation Army (PLA). His listed dates of service for the army were from September 1, 2002 through September 1, 2016. He entered the United States on March 26, 2019. Dr. Xin Wang is alleged to have made fraudulent statements on his visa application. If convicted, he faced a maximum penalty of 10 years in prison and a fine of $250,000. On July 23, 2021, DOJ motioned to drop their case against Dr. Xin Wang. U.S. District Judge James Donato granted the motion to dismiss on the same day. A scheduled trial to begin on November 8, 2021, was vacated. Dr. Xin Wang was released from Santa Rita Jail in Alameda County, California. He had been in jail for the past year. The other four visa fraud cases were also dismissed at the same time. The five visa fraud cases including Dr. Wang were identified under the China Initiative, but they were removed from the DOJ online report after their dismissals. Five “Visa Fraud” Cases The Department of Justice (DOJ) announced visa fraud charges against four of five scientists from China on July 23, 2020. The fifth scientist, Lei Guan, was first charged in August 2020 for Destruction and Alteration of Records in a Federal Investigation with visa fraud charges added in September 2020. The announcement of the visa fraud cases coincided with the U.S. order to close China’s consulate in Houston, accusing it to be a "spy center" to conduct spying activities with local medical centers or universities. The five Chinese scientists are: Lei Guan (关磊) , Visiting researcher (mathematics), University of California at Los Angeles Dr. Chen Song (宋琛) , Visiting researcher (neurology), Stanford University Dr. Juan Tang (唐娟) , Visiting researcher (cancer), University of California at Davis Xin Wang (王欣) , Visiting researcher (neurology), University of California at San Francisco Kaikai Zhao (赵凯凯) , Doctoral candidate (machine learning and artificial intelligence), Indiana University These five visa fraud cases were abruptly dismissed by DOJ in July 2021 without an explanation for the dismissals. Wyn Hornbuckle, a Justice Department spokesman issued a statement that said "[r]ecent developments in a handful of cases involving defendants with alleged, undisclosed ties to the People’s Liberation Army of the People’s Republic of China have prompted the department to re-evaluate these prosecutions... We have determined that it is now in the interest of justice to dismiss them.” On July 22, 2021, Reuters reported that there was "recently disclosed evidence of a report by FBI analysts that questioned if the visa application question on 'military service' was clear enough for Chinese medical scientists at military universities and hospitals." In another report by the Washington Post, an unnamed official was quoted to say that "the punishment for visa fraud typically does not exceed a year. That fact, combined with the prospect of prolonged litigation in several instances, led officials to assess that the interests of justice were best served by dropping the cases." Upon further research, defense attorneys for Dr. Juan Tang filed a Defendant's Trial Brief and Memorandum Supporting Dismissal at Trial on July 19, 2021. It included a section on "The FBI’s Deliberate Failure to Disclose Critical Exculpatory Evidence to the Court and to the Defense Warrants a Dismissal of this Ill-Conceived Indictment." "There is dissension in the FBI’s own ranks," the trial brief started. It cited that the government intentionally did not comply with the discovery order for the trial and highlighted that "... just days ago, a heavily redacted report dated for release four months ago, on April 1, 2021, which the government did not disclose to this Court when it ruled on Dr. Tang’s Motion to Dismiss." Exhibit A shows a FBI Background Note dated April 1, which includes a statement that investigations and expert interviews "suggest that the visa application form (DS-160) potentially lacks clarity when it comes to declaring one's military service or affiliation." DOJ motioned to dismiss Dr. Juan Tang’s case four days before the trial was to start on July 26, 2021. On July 12, 2021, a partially redacted draft FBI report appeared as part of an exhibit in a non-motion response filed in the case of Lei Guan. The 28-page exhibit includes a draft white paper that provides assessments on seven cases under the "China Initiative," including the five that were dismissed. The draft paper states that targeting of the researcher and students "likely had minimal, short-term positive impact on the technology transfer threat from PRC students, scholars, and researchers." In addition, "[o]nly two of the arrests has a nexus to technology transfer violations, ... and none included charges related to other counterintelligence concerns." The operation "likely contributed to the deterioration of the FBI's delicate yet valuable relationship with some US universities by not exercising more caution before approaching PRC students." Although there was strong advice against investigating and arresting students and researchers with the operation, "several FBI field offices proceeded with visa fraud charges for individuals who met the criteria but did not meet the threshold for a high-priority technology transfer threat." "It is in the best national security interest of the FBI to strategically identify, target, and mitigate PRC technology transfer threats while also preserving educational opportunities in the United States for PRC students who do not pose a threat," said an unredacted portion of the FBI report. A footnote also stated that "the FBI does not consider clinical medicine an area of concern for PRC technology transfer." According to the exhibit, a FBI Supervisory Intelligence Analyst drafted the report as a response to a February 2021 award nomination. She was originally included as part of the award nomination but disagreed about the "high impact" the award's nomination claimed to have made. She did not think the arrest of the PLA students met the threshold for high impact at that time, as she assessed at an early stage the impact was minimal. The draft was a way for her to dispute the information contained in the awards packet. She removed herself from the award nomination. In December 2020, John Demers, former head of the China Initiative at DOJ, and William Evanina, former chief of the counterintelligence branch at ODNI, attributed without supporting facts and evidence that more than 1,000 Chinese researchers from affiliated with China's People's Liberation Army fled the U.S. after the FBI conducted interviews in more than 20 cities and the State Department closed China’s Houston consulate in July 2020. Some of the visa fraud prosecutions were based on photos of the individuals in uniform. However, wearing a uniform does not always imply military service. There are two non-armed branches in the uniformed services of the United States, including the Public Health Service which is a part of the Department of Health and Human Services and the National Oceanic and Atmospheric Administration Commissioned Officer Corps which is part of the Department of Commerce. Previous Item Next Item

Newsletter - #323 4/7 Meeting; Texas Rallies; US Science; Profiling Scholars/Students; Litigations; More #323 4/7 Meeting; Texas Rallies; US Science; Profiling Scholars/Students; Litigations; More In This Issue #323 · 2025/04/07 APA Justice Monthly Meeting · First Report on Texas Tri-City Rallies Against Alien Land Bills · The Decline of Science in the U.S. under Trump 2.0 · Chinese Scholars/Students Face Heightened Scrutiny and Profiling · Latest on Litigations Against Trump's Executive Actions · News and Activities for the Communities 2025/04/07 APA Justice Monthly Meeting The next APA Justice monthly meeting will be held via Zoom on Monday, April 7, 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), invited and confirmed speakers are: · Mark Takano , First Vice Chair, Congressional Asian Pacific American Caucus (CAPAC); Member, U.S. House of Representatives · Erwin Chemerinsky , Dean, Jesse H. Choper Distinguished Professor of Law, University of California, Berkeley · Cindy Tsai , Interim President, Committee of 100 · X. Edward Guo 郭向东 , President, Asian American Academy of Science and Engineering (AAASE) 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 . Congressman Mark Takano will make his remarks via recorded video on unprecedented challenges to our communities.In a recent opinion published by the New York Times , Dean Erwin Chemerinsky raised an alarming question: if Trump defies the Courts, then what? He also commented on President Trump's unprecedented demands on Columbia University. He will share his thoughts on these recent developments and more.The Committee of 100 (C100) is a nonprofit leadership organization of prominent Chinese Americans dedicated to advancing U.S.-China relations and promoting the full participation of Chinese Americans in American society. On April 25-26, 2025, it will host its annual conference and gala in Los Angeles to share insights on the state of Chinese Americans and the current and future condition of the U.S.-China relationship. Interim President Cindy Tsai returns to update us on recent developments with C100 and the annual event. Professor X. Edward Guo, Stanley Dicker Professor of Biomedical Engineering and Professor of Medical Sciences at Columbia University, is current President of Asian American Academy of Science and Engineering (AAASE). Professor Guo will introduce AAASE and comment on recent developments in higher education and research communities. First Report on Texas Tri-City Rallies Against Alien Land Bills On March 28, 2025, United Chinese Americans (UCA) issued a press release announcing protest rallies to be held in Austin, Dallas, and Houston, Texas. Asian Pacific American communities, alongside other ethnic groups, are mobilizing against Texas Senate Bill 17 (SB 17) and House Bill 17 (HB 17)—legislations that seeks to ban or restrict real estate ownership by certain foreign nationals under the guise of national security. A letter co-signed by Texas and national AAPI organizations reminds state legislators that the 59th Texas Legislature abolished the previous version of alien land laws in 1965 in a bipartisan effort. The letter states. "These bills are unconstitutional and discriminatory, as they target individuals based on their nation of origin. In other words, individuals are being denied their rights not for anything they have done, but simply because of where they come from." The letter urges lawmakers not to repeat past mistakes that echo historical injustices. Representative Gene Wu 吴元之 , chair of Texas House Democratic Caucus, points out that "The Texas Senate listened to our community's repeated pleas for fairness and respect, and instead they gave us more discrimination by passing SB 17 that puts us even closer to repeating the forced internment of Asian Americans 80 years ago. Our community must respond and mobilize, otherwise we will be welcoming this hate and suffer no less." Meanwhile, organizers of the Houston rally—Texas Multicultural Advocacy Coalition (TMAC) and United Chinese Americans (UCA)—are placing ads in the Houston Chronicle to amplify this call to action. UCA Action is also running print and digital ads in the Austin American-Statesman, San Antonio Express-News and Dallas Morning News to highlight the protest letter and mobilize public support. The tri-city rallies started in Austin at the Texas Capitol Grounds East Steps on March 29, 2025. According to CBS-19 , elected officials, including Congressman Lloyd Doggett (D-Austin), State Rep. Vikki Goodwin (D-Austin) and Austin City Council Member Mike Siegel of District 7, spoke against HB 17 and SB 17 at the rally.“Ultimately this fight, in my eyes, is about who gets to be American,” said Daniel Wang . “I think America is great and has been great and was made great by its promise that, you know, we welcome everyone who wants to come here and contribute.”SB 17 passed the Texas Senate on March 19. A public hearing for HB 17 will be held on April 3 in the Texas House Homeland Security, Public Safety & Veterans Affairs Committee. The meeting starts at 10:30 a.m. APA Justice will report on March 30 rallies in Dallas and Houston and continuing developments in the next newsletter. The Decline of Science in the U.S. under Trump 2.0 According to multiple media reports, the United States has experienced a notable decline in scientific research and development under Trump 2.0, marked by significant policy shifts and funding reductions. One of the administration's early actions was a freeze on federal grants, leading to widespread uncertainty within the scientific community. This freeze has disrupted ongoing research projects and hindered the initiation of new studies. The Trump administration has imposed substantial funding cuts to prominent universities, which are heavily reliant on federal research grants. These cuts have compelled institutions to make difficult decisions, including reducing graduate student admissions and implementing hiring freezes, thereby affecting the future landscape of American research and innovation.Environmental and climate science programs have faced particularly severe setbacks . The Environmental Protection Agency (EPA) has undergone significant budget reductions and staff layoffs, undermining its capacity to enforce environmental regulations and conduct critical research. Climate science initiatives at agencies like NASA and the National Oceanic and Atmospheric Administration (NOAA) have experienced funding cuts, impeding efforts to monitor and address climate change. The administration has also appointed conspiracy theorists skeptical of established scientific consensus to key positions, such as Robert F. Kennedy Jr. appointment to head the Department of Health and Human Services (HHS), which has announced plans to cut 10,000 full-time employees across health agencies on top of 10,000 employees who have left voluntarily, shrinking the workforce from about 82,000 full-time employees to 62,000. On March 28, 2025, the Washington Post reported that the Trump administration pushed out Peter Marks , the nation’s top vaccine regulator and an architect of the U.S. program to rapidly develop coronavirus vaccines amid a worsening U.S. outbreak of measles. “It has become clear that truth and transparency are not desired by the Secretary, but rather he wishes subservient confirmation of his misinformation and lies,” Marks wrote in his resignation. He was offered the choice to resign or be fired. He opted to resign, with an effective departure date of April 5.These collective actions have prompted widespread concern among scientists and researchers, leading to organized protests such as the " Stand Up for Science 2025 " rallies. These demonstrations reflect the scientific community's alarm over policies as undermining scientific integrity and progress. These policies have prompted many scientists to consider relocating abroad. According to Nature on March 27, 2025, more than 1,200 scientists who responded to an online poll — three-quarters of the total respondents — are considering leaving the United States following the disruptions prompted by Trump. Europe and Canada were among the top choices for relocation. The trend was particularly pronounced among early-career researchers. Of the 690 postgraduate researchers who responded, 548 were considering leaving; 255 of 340 PhD students said the same. According to Science on March 17, 2025, Emma , an early-career chemist, withdrew from a faculty position at the University of Mississippi due to concerns over the Trump administration’s impact on higher education, including threats to federal funding and diversity initiatives. Her decision reflects a broader trend of U.S.-based researchers seeking opportunities abroad as uncertainty grows over academic stability. Countries like France and China are actively recruiting displaced scientists, with initiatives such as Aix Marseilles University’s “Safe Place for Science” and direct outreach from researchers like Yi Rao at Peking University.However, while some nations welcome this talent shift, financial constraints in countries like Canada, the UK, and the Netherlands may limit their ability to absorb U.S. researchers. Experts warn that Trump’s policies could trigger a broader exodus from global science, as universities face funding cuts and instability. Although legal challenges may delay the full impact, the trend suggests a potential loss of scientific talent, with no clear destination for displaced researchers. Chinese Scholars/Students Face Heightened Scrutiny and Profiling Under Trump 2.0, Chinese and Asian scholars and students have faced heightened scrutiny and profiling. Visa Restrictions and Deportations Republican members of Congress and the Trump administration have intensified visa restrictions, notably through the Stop CCP VISAs Act, introduced by Representative Riley Moore (R-WV). This proposed legislation aims to halt the issuance of student visas to Chinese nationals, citing concerns over espionage and intellectual property theft. International students have also become targets of Immigration and Customs Enforcement (ICE), leading to detentions and deportations from college campuses. Notable cases include students from Columbia and Cornell universities, sparking protests and legal actions by organizations like the American Civil Liberties Union (ACLU) and the American Association of University Professors (AAUP). Scrutiny of Chinese Students and Scholars Republican members of the House Select Committee on the Chinese Communist Party (CCP), chaired by Representative John Moolenaar (R-MI), has targeted Chinese students in U.S. universities under the pretense of national security. In March 2025, the committee sent letters to presidents of six universities, requesting detailed information about their Chinese student populations and research activities. Without substantive facts and evidence, the committee alleges that the CCP has established a systematic pipeline to embed researchers in leading U.S. institutions, providing them direct exposure to sensitive technologies with dual-use military applications. Impact on Higher Education Institutions Universities with significant Asian and Asian American populations have faced increased scrutiny over international collaborations, especially those involving Chinese researchers. For example, Carnegie Mellon University (CMU) in Pittsburgh has highlighted potential impacts due to proposed federal funding cuts and restrictions on Diversity, Equity, and Inclusion (DEI) initiatives. These measures threaten the region's economy and its identity as an innovation hub. Challenges to Diversity Initiatives By diverting resources to investigate and potentially sue universities implementing diversity programs, the Trump administration threatens to reverse progress toward educational equity. This move has been criticized as an attempt to exploit divisions among communities of color and disrupt policies that help marginalized groups gain access to higher education. Rise in Anti-Asian Sentiment Following President Trump's 2024 election, there has been a marked increase in anti-Asian hate, particularly in online spaces. Between November 2024 and January 2025, anti-Asian slurs and threats of violence surged, with South Asian communities being disproportionately targeted. This rise in xenophobic rhetoric has created a hostile environment for Asian American students and scholars, affecting their sense of safety and belonging within academic institutions. Latest on Litigations Against Trump's Executive Actions As of March 30, 2025, the number of lawsuits against President Donald Trump 's executive actions reported by the Just Security Litigation Tracker has grown to 152 (3 closed cases). These are some of the latest developments: · Block on Alien Enemies Act Deportations Extended . On March 27, 2025, the legal team led by ACLU, Democracy Forward, and the ACLU of the District of Columbia filed a motion to extend the Temporary Restraining Orders (TROs) set to expire on March 29 for 14 days, claiming that good cause exists to extend the TROs. On March 28, the Court ordered the extension of the TROs until April 12, 2025. · Diversity, Equity, Inclusion, and Accessibility . In the case of State of California v. U.S Department of Education (1:25-cv-10548) , eight states challenge the Department of Education’s decision to terminate approximately $250 million in federal grants under the Teacher Quality Partnership and Supporting Effective Educator Development programs. On March 24, Judge Myong J. Joun granted Plaintiffs’ request to extend the TRO until April 7. On March 26, the government appealed to the U.S. Supreme Court to vacate the order by the district court and issue an administrative stay. In the case of Chicago Women in Trades v. Trump (1:25-cv-02005) , U.S. Judge Matthew Kennelly for the Northern District of Illinois granted a Temporary Restraining Order to block the implementation of two of Trump's DEI Executive Orders. · Actions Against Law Firms Blocked. On March 28, 2025, the law firm WilmerHale sued the Executive Office of the President and several government agencies over Trump’s March 27 executive order (EO) terminating government contracts, denying members of the firm access to federal employees, and suspending employees’ security clearances. U.S. Judge Richard Leon of the District of Columbia granted the law firm’s request to temporarily block several sections of the EO. In a separate lawsuit Jenner & Block LLP v. U.S. Department of Justice (1:25-cv-00916) , U.S. Judge John Bates of the District of Columbia also granted the Temporary Restraining Order to temporarily block several sections of the EO. News and Activities for the Communities 1. APA Justice Community Calendar 2025/04/07 APA Justice Monthly Meeting2025/04/13 Rep. Gene Wu's Town Hall Meeting2025/04/15 China Connections: A Conversation with Emily Feng2025/04/24-26 Committee of 100 Annual Conference and Gala2025/04/27 Rep. Gene Wu's Town Hall Meeting2025/05/05 APA Justice Monthly Meeting2025/05/12-14 APAICS Annual Summit and GalaVisit https://bit.ly/3XD61qV for event details. 2. Temporary Injunction on Florida State Law (SB846) On March 28, 2025, a federal judge issued a preliminary injunction against a Florida law known as SB846 that essentially bans international students from China and six other countries. This is a milestone victory for racial equity and academic freedom as other red states and the Congress are considering similar discriminatory laws. The lawsuit Yin v. Diaz (1:24-cv-21129) is led by Chinese American Legal Defense Alliance 华美维权同盟 (CALDA), ACLU Florida, and Perkins Coie. Clay Zhu 朱可亮 , Co-Founder of CALDA, gave an update at the APA Justice monthly meeting on March 3, 2025: https://bit.ly/4iOexLD 3. CAPAC Chair Meng Statement on the Anniversary of United States v. Wong Kim Ark Decision On March 28, 2025, Rep. Grace Meng 孟昭文 , Chair of the Congressional Asian Pacific American Caucus, released a statement marking the 127th anniversary of the United States v. Wong Kim Ark decision upholding birthright citizenship as a constitutionally protected right:“Today marks 127 years since the landmark United States v. Wong Kim Ark decision that affirmed birthright citizenship to anyone born in our country, including those born to immigrant parents. This was established by the Supreme Court, even as the Chinese Exclusion Act and anti-Asian sentiment was in full force in the 1800s, because the Constitution made clear that ‘all persons’ born in the United States means ‘all persons.’“Despite this century-old legal precedent, President Trump issued an unlawful executive order to revoke birthright citizenship and eliminate the core principle that has allowed millions of Asian Americans and Pacific Islanders to become U.S. citizens. It is a flagrant violation of the Fourteenth Amendment and the President’s oath to protect and defend the Constitution. “This is nothing more than a desperate attempt to sow division and stoke xenophobic sentiment for political gain. We will not allow this administration to trample over the Constitution and redefine who is American. I vow to fight tooth and nail against this unlawful action and to protect the principles that have made our country into what it is today.” # # # 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 March 31, 2025 Previous Newsletter Next Newsletter