On January 5, 2021, a coalition of organizations and individuals wrote to President-elect Joe Biden, requesting him to end the China Initiative and take steps to combat racial profiling. Two weeks later, the indictment of MIT Professor Gang Chen ignited the “We Are All Gang Chen” movement. Between September 2020 and June 2021, five organizations partnered to produce a series of five educational webinars to raise nationwide awareness about the China Initiative. January 5, 2021 Table of Contents Overview “We are All Gang Chen” AAJC Delivered 30,000 Signatures to The White House Education Webinar Series to Raise Awareness Partners of the Webinar Series Links and References Overview On January 5, 2021, a group of community organizations, advocacy groups, science associations, and individuals sent a letter to President-elect Joe Biden urging the incoming administration to end the Justice Department’s “China Initiative” and take further steps to combat the pervasive racial bias and targeting of Asian American and Asian immigrant scientists, researchers, and students by the federal government. Among the signatories are people who have been directly impacted by the government’s unjust prosecutions of Asian Americans. The letter, spearheaded by the Asian Americans Advancing Justice affiliation, Brennan Center for Justice, and APA Justice Task Force, denounces the “China Initiative” for discriminatory investigations and prosecutions of Asian Americans and Asian immigrants, particularly those of Chinese descent working in fields of science. Many of the investigations and prosecutions under this initiative target people with any “nexus to China” rather than on evidence of economic espionage as it purports to do, which has revealed a sharp rise in the profiling and targeting of Asian American and Asian immigrant scientists and researchers. Even after not finding any evidence of espionage, federal prosecutors are charging many Asian Americans and Asian immigrants with federal crimes based on administrative errors or minor offenses such as failing to disclose information to universities or research institutions and other activities under the pretext of combating economic espionage. As a result, Asian American and Asian immigrant scientists, researchers, and scholars are ensnared by overzealous prosecutions riddled with racial bias that are ruining careers and leaving lives in shambles. The letter includes a set of recommendations, which first calls for an immediate end to the “China Initiative” and a complete review of all prosecutions and investigations closed prior to prosecution under the initiative. It also urges the incoming administration to review and take measures throughout the Federal Government’s law enforcement, intelligence, and scientific research funding agencies to combat other patterns of racial bias against Asian American and Asian immigrant scientists and federal employees. The letter and list of organizations and individuals that signed on can be found here . “This latest wave of xenophobia against Asian Americans and Asian immigrants follows a long history of Asian Americans and immigrants being stereotyped as “perpetual foreigners,” scapegoated, and profiled as spies disloyal to the United States,” said John C. Yang, Advancing Justice – AAJC’s president and executive director. “Individual cases of wrongful arrests and prosecutions of Asian American scientists and researchers along with racial rhetoric from public officials reveal that racial bias exists and has translated into real harm for the Asian American community.” "Basing criminal investigations on national origin and Chinese ancestry is unconstitutional and a waste of resources," said Glenn Katon, Advancing Justice - Asian Law Caucus Director of Litigation. "When the government prosecutes scientists and researchers simply so public officials can look tough, no one is made safer. The Biden administration has the chance to protect Asian Americans and Asian immigrants across this country - they should take it." "Racial profiling has proven to be an ineffective, divisive, and counterproductive law enforcement tactic, and yet the Justice Department inexplicably still promotes its use through programs like the ‘China Initiative'," said Brennan Center fellow Michael German, a former FBI agent. "Pressuring all U.S. Attorneys' Offices to initiate 'China Initiative' cases compels racial, ethnic, and national origin profiling, which undermines our security and the rule of law by targeting investigations based on a person's 'nexus to China' rather than evidence of serious wrongdoing." "Foreign-born scientists of Chinese origin have been an integral part of American innovation and global leadership. Our nation can protect our scientific and research security and successfully compete in the global marketplace for international scientific talent, but not by overzealous, xenophobic targeting of top talents that ruins lives and drives them to foreign countries that have been trying to recruit them unsuccessfully," said Professor Steven Pei, a leader for the APA Justice Task Force. “We Are All Gang Chen” On January 20, 2021, the Department of Justice (DOJ) announced the indictment of renowned Massachusetts Institute of Technology (MIT) Professor Gang Chen 陈刚 for failing to disclose contracts, appointments and awards from various entities in the People’s Republic of China to the U.S. Department of Energy. The case stirred controversy from the start, when then-U.S. Attorney Andrew Lelling unveiled the charges at a news conference in Boston on the last full day of the Trump administration. “It is not illegal to collaborate with foreign researchers. It’s illegal to lie about it,” Lelling said. “The allegations in the complaint imply that this was not just about greed, but about loyalty to China.” The indictment of Professor Gang Chen galvanized the Asian American and scientific communities and started the “We Are All Gang Chen” movement. Exactly one year later on January 20, 2022, Judge Patti Saris approved the government's motion to dismiss all charges against Professor Chen. Continuing the “We Are Gang Chen” movement, the Asian American Scholar Forum was founded in 2022 as a nonprofit organization to represent a community of Asian Americans and scholars who are united to promote academic belonging, openness, freedom, and equality for all by bringing their unique perspective, expertise, and concerns of Asian American and immigrant scholars directly to courtrooms, newsrooms, universities, federal agencies, the halls of Congress, and the White House. This is a presentation in Professor Chen’s own words on his experience and lessons learned about the absurdity of the wrongful prosecution: 2022 GangChenSlides .pdf Download PDF • 1.59MB AAJC Delivered 30,000 Signatures to The White House On April 9, 2021, Asian American Advancing Justice | AAJC delivered a petition signed by 29,318 people to the White House, urging President Joe Biden to put an end to the racial profiling of Asian Americans and Asian immigrants and end the Justice Department’s “China Initiative.” Education Webinar Series to Raise Awareness From September 2020 to June 2021, five organizations partnered to produce a series of five educational webinars to raise awareness of a growing number of federal investigations and prosecutions targeting Chinese Americans, Chinese immigrants, and Chinese nationals in the U.S. particularly scientists and researchers under the umbrella of the China Initiative. The webinar series examined the ramifications of the "China Initiative" on the civil rights and security of Chinese Americans, Chinese immigrants, and Chinese Nationals working in the U.S., as well as the consequences for the broader American society. 2020/09/30 First Webinar: The Human and Scientific Costs of The "China Initiative ” (video 1:00:15) 2020/12/02 Second Webinar: Policy Needs for U.S. Science and Scientists (video 1:13:35) 2021/02/24 Third Webinar: Building Coalition Against “China Initiative” Discrimination: Fighting racial targeting of Asian Americans and communities of color, past & present (video 1:16:13) 2021/04/28 Fourth Webinar: Legal Resources and Policy Advocacy: How to Combat Racial Profiling Under the “China Initiative" (video 1:05:36) 2021/06/23 Fifth Webinar: The Mistrial of Professor Anming Hu under the "China Initiative" (video 1:12:52) Partners of the Webinar Series Asian Americans Advancing Justice | Asian American Justice Center (AAJC) advocates for an America which all Americans can benefit equally from, and contribute to, the American dream. Our mission is to advance the civil and human rights for Asian Americans and to build and promote a fair and equitable society for all. Advancing Justice | AAJC is a national 501 (c)(3) nonprofit founded in 1991 in Washington, D.C. The APA Justice Task Force is a non-partisan platform to build a sustainable ecosystem to address racial profiling issues and to facilitate, inform, and advocate on selected issues related to justice and fairness for the Asian American community. The Brennan Center for Justice at NYU School of Law is a nonpartisan law and policy institute that works to reform, revitalize – and when necessary, defend – our country's systems of democracy and justice. Asian Pacific Islander American Public Affairs (APAPA) is a non-profit and non-partisan organization with a diverse membership representing all communities throughout the nation. It strives to inspire, engage, and empower the public about public policy and how to foster future leaders from minority communities to serve at federal, state, and local levels in the government. United Chinese Americans (UCA) has been a 501(c)3 nonprofit organization since 2017. It is a national federation with 12 chapters and over 30 community partners. The UCA is to enrich and empower Chinese American communities through civic participation, political engagement, youth education and development, preservation of heritage and culture, promoting a better understanding between the United States and China, for the well-being of our community, our country, and our world. Jump to: Overview “We are All Gang Chen” AAJC Delivered 30,000 Signatures to The White House Education Webinar Series to Raise Awareness Partners of the Webinar Series On January 5, 2021, a coalition of organizations and individuals wrote to President-elect Joe Biden, requesting him to end the China Initiative and take steps to combat racial profiling. Two weeks later, the indictment of MIT Professor Gang Chen ignited the “We Are All Gang Chen” movement. Between September 2020 and June 2021, five organizations partnered to produce a series of five educational webinars to raise nationwide awareness about the China Initiative. Previous Next 6. Letter to President-Elect Biden to End China Initiative

Newsletter - #71 06/30 Roundtable; 07/12 Meeting; Mistrial; "China Initiative;" Yellow Whistle; Alert #71 06/30 Roundtable; 07/12 Meeting; Mistrial; "China Initiative;" Yellow Whistle; Alert Back View PDF July 8, 2021 Previous Newsletter Next Newsletter

Newsletter - #57 Heritage Month Activities; Goverment's Own Bias; Yellow Whistle Campaign Grows #57 Heritage Month Activities; Goverment's Own Bias; Yellow Whistle Campaign Grows Back View PDF April 30, 2021 Previous Newsletter Next Newsletter

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Newsletter - #303 Gene Wu on Being American; CALDA/Franklin Tao; Judy Chu; Bracing for Threats in SF; + #303 Gene Wu on Being American; CALDA/Franklin Tao; Judy Chu; Bracing for Threats in SF; + In This Issue #303 · Gene Wu: Being American and Shaping America · CALDA and Professor Franklin Tao's Lawsuit · Rep. Judy Chu's Remarks at 01/06 APA Justice Monthly Meeting · Bracing for Threats in San Francisco · News and Activities for the Communities From Governor Gavin Newsom's Office - Get Help Today on LA Fires Californians can go to CA.gov/LAfires – a hub for information and resources from state, local and federal government. Individuals and business owners who sustained losses from wildfires in Los Angeles County can apply for disaster assistance: · Online at DisasterAssistance.gov · Calling 800-621-3362 · By using the FEMA smart phone application · Assistance is available in over 40 languages · If you use a relay service, such as video relay service (VRS), captioned telephone service or others, give FEMA the number for that service. Please share with your families, friends, and colleagues in the Los Angeles area. Gene Wu: Being American and Shaping America Gene Wu 吳元之 came from China to the U.S. when he was four. Today he is the Chair of the Texas House Democratic Caucus. His district covers part of Houston, a blue city in a red state.On December 31, 2024, Gene Wu was interviewed in a podcast by Define American with Jose Antonio Vargas , Pulitzer Prize-winning journalist, filmmaker, and immigration rights activist. Gene Wu addressed a range of issues on being American, how immigrants continue to shape America, and systemic issues faced by the Chinese American and all immigrant communities today. Highlights of his talk: 1. Immigration Policy · Gene Wu frames immigration as a cornerstone of America’s success, advocating for education-based green cards and policies to attract global talent. · Criticizes restrictive immigration laws for contributing to labor shortages and economic challenges. 2. Systemic Challenges for Immigrants · Highlights issues like racial prejudice, hate crimes, and lack of trust in law enforcement among immigrant communities. · Warns against policies that undermine community safety by damaging relationships between immigrants and law enforcement. 3. Media Narratives on Immigration · Criticizes the media for oversimplifying immigration issues and failing to accurately portray the struggles and contributions of immigrant communities. 4. Political Leadership and Advocacy · Calls out policymakers for lacking nuanced understanding of immigrant issues. · Advocates for proactive community engagement to push for political change and counter discriminatory policies. 5. Coalition Building · As Chair of the Texas House Democratic Caucus, plans to unite diverse racial and cultural groups to fight discrimination and build alliances for shared goals. 6. Personal Leadership and Vision · Draws on his immigrant background to champion equitable policies. · Emphasizes the importance of collective action and public advocacy to influence political and societal outcomes. Watch the podcast and get to know Gene Wu: https://www.youtube.com/watch?v=de-RCgAMm8Y (37:31). According to AsAmNews and the Houston Chronicle , Gene Wu has sparked widespread discussion with his viral comments emphasizing the interconnected struggles of Asian and Black communities in the fight for civil rights from the podcast. Gene Wu argued that the privileges many Asian Americans enjoy today would not exist without the sacrifices made by Black Americans during the civil rights movement. He said, “The day the Latino, African American, Asian, and other communities realize that they share the same oppressor is the day we start winning because we are the majority now.” Wu highlighted how stereotypes, such as the “model minority” myth imposed on Asian Americans, have been used to pit minority groups against each other. His comments have resonated widely, going viral on social media platforms focused on Black and Asian audiences. They have also reignited discussions about the shared struggles of minority groups in the United States and the importance of unity in addressing systemic racism. Godfrey C. Danchimah Jr. , or simply Godfrey, is a Nigerian American comedian, impressionist and actor. He posted an Instagram response , in which he said, "I’m so happy that they’re having this conversation because black people and Asians are actually very similar. Here’s a fun fact, Bruce Lee 李小龙 , when he was in San Francisco, his first student was an African American." CALDA and Professor Franklin Tao's Lawsuit AsAmNews , Inside Higher Ed , NBC News , South China Morning Post , The Topeka Capital-Journal , and multiple other media have reported on the lawsuit filed by Professor Feng "Franklin" Tao (陶丰) against the University of Kansas (KU). APA Justice is tracking the case of Tao v. University of Kansas (2:25-cv-02005) with CourtListener.As the first academic indicted under the China Initiative in August 2019, Professor Tao endured a grueling five-year legal battle before being fully acquitted of all charges in July 2024. Despite his exoneration, KU has refused to reinstate Professor Tao to his tenured position.On January 8, 2025, the Chinese American Legal Defense Alliance (CALDA) 华美维权同盟 posted a Chinese-language report titled " 陶丰教授起诉堪萨斯大学歧视不公，CALDA全力以赴支持打响维权之战 " ("Professor Franklin Tao is suing the University of Kansas for discrimination and unfair treatment. CALDA is fully committed to supporting the fight for his rights").According to the report, CALDA has been actively working within the legal community to find attorneys who can seek justice for Professor Tao. After extensive discussions and careful negotiations with numerous experienced lawyers, they successfully helped Professor Tao secure legal representation from Karen R. King , a partner at Morvillo Abramowitz Grand Iason & Anello PC, a prestigious New York law firm with a 50-year history of excellence, along with her team. Karen R. King and her colleagues have agreed to represent Professor Tao pro bono, offering their services without compensation. Since the case will be heard in federal court in Kansas, a local Kansas attorney is required to participate. To further reduce Professor Tao’s litigation burden, CALDA will also cover part of the fees and case-related expenses for the local attorney in Kansas, fully supporting Professor Tao in his pursuit of justice.Attorney Karen R. King has extensive experience in complex litigation, U.S. economic sanctions compliance, regulatory enforcement, internal investigations, securities litigation, and strategic legal consulting. She has represented global financial institutions, international corporations, and individuals in numerous cases before federal and state courts, as well as in investigations by U.S. regulatory and enforcement agencies.Karen is also dedicated to public service, assisting the Asian American Bar Association of New York (AABANY) in addressing anti-Asian hate and violence issues and achieving notable successes in related Supreme Court advocacy. She was named an "Outstanding Leader" by the New York Law Journal in September 2022 and recognized as one of the "Outstanding Women in Law" by New York Business in June 2023.Read the CALDA report: https://bit.ly/3C26avy Rep. Judy Chu's Remarks at 01/06 APA Justice Monthly Meeting On January 6, 2025, Congresswoman Judy Chu , Chair Emeritus of the Congressional Asian Pacific American Caucus (CAPAC) delivered a heartfelt New Year welcome, addressing the challenges faced by Asian American and Pacific Islander (AAPI) communities and highlighting the progress achieved through collective advocacy. As she has done in recent years during APA Justice’s January Monthly Meetings, Congresswoman Chu reaffirmed her commitment to advancing civil rights and combating discrimination. Congresswoman Chu recounted the inception of the APA Justice Task Force in 2015, emphasizing its formation to address racial profiling against Asian Americans, particularly scientists such as Sherry Chen 陈霞芬 and Dr. Xiaoxing Xi 郗小星 . She stated, “I put out a call to mobilize and organize, and I’m so proud that you took action and created the APA Justice Task Force.”She expressed pride in the community’s advocacy, noting how their voices have become more influential in addressing issues such as racial profiling and defending civil rights. She condemned the China Initiative, a program initiated under President Donald Trump that disproportionately targeted Chinese American scientists. Despite its termination, she acknowledged the lasting damage it inflicted: “We saw time and time again how baseless accusations... resulted in protracted legal battles that upended lives and careers.” She credited collective efforts for ending the initiative but cautioned, “Our job is far from done.” Congresswoman Chu also condemned recent discriminatory land ownership laws at both state and local levels that specifically target Chinese and immigrant communities. She drew parallels between these laws and past racist legislation, sharing, “We’ve heard stories like... Mr. Zhiming Xu ... who was forced to cancel his contract to simply purchase a new home, losing both his property and a $30,000 deposit.” She highlighted legislative efforts to address this injustice, adding, “And it’s why Congressman Al Green and I introduced the Preemption of Real Property Discrimination Act to block state laws that would discriminate against individuals based on their citizenship.”Celebrating increased AAPI representation in Congress, she noted a record 25 AAPI members in the 119th Congress and 80 members of CAPAC, the largest in history. She reiterated her commitment to opposing discriminatory agendas and supporting the Asian American, Native Hawaiian, and Pacific Islander (AANHPI) communities.Congresswoman Chu emphasized the critical role of organizations like APA Justice in mobilizing communities, advocating for civil rights, and resisting discriminatory policies. She urged continued vigilance and activism to defend against harmful policies targeting AAPI and immigrant communities while fostering collaboration to protect civil liberties. She concluded with a pledge of ongoing support, stating, “I look forward to continuing our work together this year and beyond.”Watch Congresswoman Chu's remarks: https://www.youtube.com/watch?v=1MNT61PApwQ (8:17). A summary of the January 6 APA Justice monthly meeting is being reviewed before its release. Bracing for Threats in San Francisco According to the San Francisco Examiner on January 7, 2025, Chinese American immigrant-rights groups and political leaders in San Francisco are bracing for potential anti-immigrant policies under President-elect Donald Trump 's second term, set to begin on January 20, 2025. Trump's campaign promises of mass deportations, including targeting Chinese nationals, have sparked widespread fear and uncertainty in immigrant communities. San Francisco City Attorney David Chiu , himself the son of immigrants, voiced concerns about the harmful consequences of anti-Asian rhetoric, citing the spike in anti-Asian hate crimes during Trump’s first term. He emphasized the city’s responsibility to protect its diverse immigrant population, including the estimated 40,000 undocumented Chinese residents and their families. Local advocacy groups, such as Chinese for Affirmative Action (CAA), are working to address the fears gripping the community. Since Election Day, CAA has seen an increase in inquiries from Chinese immigrants, particularly about naturalization and legal protections. Jose Ng , CAA’s immigrants-rights program manager, emphasized the importance of spreading accurate information to counter rumors and prevent panic. The organization has launched initiatives to educate the community on their legal rights, including protections under the Fourth and Fifth Amendments, and has conducted outreach through Chinese-language media to provide reassurance. San Francisco’s sanctuary city status remains a cornerstone of its immigrant protections, ensuring that local law enforcement cannot assist U.S. Immigration and Customs Enforcement (ICE) without a warrant or court order. Jorge Rivas , executive director of the San Francisco Office of Civic Engagement and Immigrant Affairs, highlighted the city’s collaboration with nonprofits to prepare for potential federal policies. These efforts include analyzing Trump's proposed measures and ensuring a coordinated response. Officials have also encouraged immigrants to complete citizenship applications and other documentation while President Joe Biden remains in office.Despite the uncertainty, organizations like CAA are expanding their resources, including multilingual legal staff, to better serve immigrant communities. Ng stressed the importance of empowering residents through rights training and legal assistance to withstand potential challenges. “Don’t panic, because that’s what the administration wants,” he urged, while reaffirming San Francisco’s commitment to protecting its immigrant population. Advocacy groups and city officials remain united in their mission to support vulnerable communities and uphold the city’s long-standing values of inclusivity and justice.Read the San Francisco Examiner report: https://bit.ly/4jdpqHa News and Activities for the Communities 1. APA Justice Community Calendar Upcoming Events: 2025/01/15 Master Class: Maintaining the Effectiveness of Organizational Equity Initiatives in the Current Environment2024/01/16 Master Classes: Asian American Career Lessons2025/01/19 Rep. Gene Wu's Town Hall Meeting2025/02/02 Rep. Gene Wu's Town Hall Meeting2025/02/03 APA Justice Monthly Meeting2025/02/13-15 2025 AAAS Annual Meeting2025/02/16 Rep. Gene Wu's Town Hall Meeting 2025/03/02 Rep. Gene Wu's Town Hall Meeting2025/03/05 APA Justice Monthly Meeting Visit https://bit.ly/3XD61qV for event details. 2. White House Initiative Releases Final Report On January 7, 2025, the White House Initiative on Asian Americans, Native Hawaiians, and Pacific Islanders (WHIAANHPI) released Rising Together, its final report to President Joe Biden.The report highlights the Biden-Harris Administration's efforts to advance equity, justice, and opportunity for the communities, featuring updates from 29 federal agencies and 86 recommendations from the President’s Advisory Commission on AA and NHPIs. Key focus areas include combating anti-Asian hate, promoting belonging, advancing data disaggregation, improving language access, addressing COVID-19 recovery, expanding outreach and engagement, and diversifying the federal workforce.Read the final report: https://bit.ly/4fLQw5m 3. Celebration of the Life of George Koo George Ping Shan Koo 顧屏山 , a distinguished advocate for U.S.-China relations and a prominent figure in the Chinese American community, passed away on September 24, 2024, at the age of 86. His death resulted from a head injury sustained during a fall on the pickleball court. Born in Hong Kong in 1938, George immigrated to the United States as a child. He earned degrees in chemical engineering from the Massachusetts Institute of Technology (MIT) and an MBA from Santa Clara University. Throughout his career, George was instrumental in fostering American-Chinese business partnerships and was a respected voice in the Chinese American community. He was a long-time member of the Committee of 100. A celebration of George's life will be held in Mountain View, CA, on February 2, 2025. # # # 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 January 13, 2025 Previous Newsletter Next Newsletter

As part of his opening remarks during a House Intelligence Committee hearing, Chairman Adam Schiff spoke out against profiling Chinese Americans. May 16, 2019 As part of his opening remarks during the House Intelligence Committee hearing on " China's Digital Authoritarianism: Surveillance, Influence, and Political Control " on May 16, 2019, Chairman Adam Schiff (D-CA) stated: I would like to end on a serious note about the importance of ensuring that we confront the issue ahead in the most objective way, and consistent with our Nation’s principles and values. While competition with China is inevitable, conflict is not and we must strive to avoid making it so. We must also guard against betraying our values at home even as we champion them abroad. There must be no place for racial profiling or ethnic targeting in meeting to rise of China. In America, one of our enduring strengths is welcoming and celebrating diversity. Chinese Americans have made countless contributions to our society. Chinese Americans are Grammy-winning producers, Olympic medalists, cutting-edge scientists, successful entrepreneurs, academics, acclaimed artists, and some of our most successful intelligence officers and national security professionals. We would all be wise to view Chinese Americans as one source of our great strength and not with pernicious suspicion. As part of his opening remarks during a House Intelligence Committee hearing, Chairman Adam Schiff spoke out against profiling Chinese Americans. Previous Next House Intelligence Committee Chairman Adam Schiff Statement on Racial Profiling

Newsletter - #346 Gene Wu; TX SB17 Hearing; Land Restrictions; ICE Crackdown; Science Reports; Fed Data+ #346 Gene Wu; TX SB17 Hearing; Land Restrictions; ICE Crackdown; Science Reports; Fed Data+ In This Issue #346 · Committee of 100 Condemns Loyalty Attacks on Texas Rep. Gene Wu · 08/14 Public Court Hearing on Lawsuit Against Texas Alien Land Bill SB17 · Restrictions on Chinese Land Ownership in the U.S. · Concerns Over ICE Crackdown Tactics · Science: NIH Funding and Editorial on Columbia Deal · Federal Data at Risk: NASEM Warning, IRS Clash, and BLS Firing · News and Activities for the Communities Committee of 100 Condemns Loyalty Attacks on Texas Rep. Gene Wu On April 8, 2025, the Committee of 100 issued a public statement on Respectful Civil Discourse , condemning rhetoric that questions the loyalty or belonging of Chinese Americans based on ethnicity or political views. The statement cited an August 6 Texas Tribune article reporting that Texas State Senator Mayes Middleton targeted Representative Gene Wu 吳元之 , linking him to the Chinese Communist Party (CCP) and suggesting he should “go back to China.” “Suggesting that an American lawmaker is aligned with a foreign regime because of his heritage or political advocacy draws on a long and dangerous history of anti-Asian scapegoating and racism in this country,” the Committee of 100 said. “Such statements are outrageous and un-American. Disagreements on public policy are part of a healthy democracy. But invoking race, ethnicity, or foreign associations—especially when aimed at Asian American elected officials—incites xenophobia, invites slurs, and increases the potential for real-world harm.” Wu, leader of the Texas House Democrats, recounted his family’s persecution during China’s Cultural Revolution, noting that accusations of being a “communist spy” are deeply offensive given his family history. In recent months, he has faced escalating racist attacks from GOP officials amid his role in blocking Republican-led redistricting. Republican leaders, including Middleton and Texas GOP Chair Abraham George , have publicly questioned Wu’s loyalty, labeling him “CCP Wu” and accusing him on social media of being an operative of the Chinese Communist Party doing China’s bidding in the Legislature while baselessly questioning his loyalty to Texas and the U.S. Democrats and Asian American leaders warn that such unchecked rhetoric is dangerous, especially as Texas’s Asian American population grows rapidly. In contrast to past instances when racist remarks prompted swift condemnation, top GOP leaders have remained largely silent—signaling a troubling erosion of norms around respectful public discourse. 08/14 Public Court Hearing on Lawsuit Against Texas Alien Land Bill SB17 On July 3, 2025, the Chinese American Legal Defense Alliance (CALDA 华美维权同盟) filed a lawsuit on behalf of three Chinese nationals alleging Texas state law (SB 17), barring Chinese citizens from buying property in the state, is discriminatory and unconstitutional.A public hearing on Wang v. Paxton (4:25-cv-03103) will be held on August 14, 2025, starting at 10:00 am CT at Bob Casey U.S. Courthouse 515 Rusk Avenue, Houston, TX 77002.CALDA is calling on community members to attend the court hearing. “Even just quietly sitting in the back of the courtroom, your presence is the strongest form of support,” CALDA’s call to action states. “This is not only a legal battle but a fight for our right to live with dignity on this land.”The hearing is open to the public, but with only a few dozen seats expected to be available. Standing in the courtroom is not allowed. It is recommended to arrive at least 30 minutes early and enter after passing security screening. The court strictly prohibits carrying any electronic devices, including mobile phones, tablets, laptops, etc. Photography, video recording, and audio recording are forbidden. Lockers are provided at the court entrance for storage. The hearing is expected to last 30 to 60 minutes. During this time, attendees must not enter or leave freely, talk, or create noise. Please obey the rules; violators may be removed by court officers.CALDA’s lawsuit compares Texas’s SB 17 law to historically notorious anti-Asian laws like the 1882 Chinese Exclusion Act and California’s 1913 Alien Land Law, both targeting Asian immigrants. Texas had repealed similar discriminatory restrictions in 1965, deeming them unreasonable and discriminatory. SB 17 bans citizens of certain countries—unless they are U.S. citizens or permanent residents—from owning most real estate or signing leases longer than one year in Texas. The law applies even to long-term residents with valid student or work visas, treating them as if they still reside in their country of origin. Violators risk forced property sales, felony charges, imprisonment, and hefty fines.CALDA contends that SB 17 is not an isolated law; it equates “place of birth” with a “national security threat,” treating people of Chinese origin as potential enemies. This is not merely a restriction on foreign nationals but a form of systemic discrimination that marginalizes the entire Chinese community. U.S. history has long shown that once prejudice based on nationality takes root, it spreads and harms the innocent. Among these waves of legislation, SB 17 is neither the beginning nor the end. It is part of a nationwide surge of anti-Chinese laws. We cannot remain silent, retreat, or be absent.SB 17 is set to take effect September 1, 2025. The plaintiffs request the court to rule that SB 17 is preempted by federal law and unconstitutional, to issue temporary and permanent injunctions preventing its enforcement, and to order payment of attorney’s fees and related litigation costs. Restrictions on Chinese Land Ownership in the U.S. Author: Madeleine Gable, APA Justice Communications AssociateAccording to Nikkei Asia , the U.S. is intensifying its crackdown on Chinese ownership of American agricultural land in the name of national security. Legislative efforts at both the federal and state levels to restrict Chinese property ownership have reached an all-time high.According to a recently released report by the Committee of 100 , U.S. Congress is currently considering 15 alien land bills, and 25 states have passed similar legislation aimed at restricting foreign ownership of property, including but not limited to agricultural land. This year alone, 11 such bills have already been enacted into law, with 129 introduced.Last month, the Department of Agriculture released a seven-point national security plan, enhancing public disclosures of foreign ownership of farmland and working with Congress and states to ban purchases of farmland by foreign adversaries and countries of concern. Agriculture secretary Brooke Rollins pointed specifically to the ownership of American farmland by Chinese nationals as an existential threat. Rollins hinted she might “claw back” land currently owned by Chinese investors.In May, Texas passed Senate Bill 17, prohibiting people and companies from China, Iran, North Korea, and Russia from purchasing land and other property in the state. It also bars certain people from leasing homes or apartments for more than a year. ACLU Texas maintains this legislation violates the First Amendment and the Equal Protection Clause.Florida passed similar legislation in 2023 that bans Chinese citizens from buying most property in the state. The law went into effect on July 1, 2023, although enforcement has been curtailed in specific cases pending legal review. The U.S. Court of Appeals for the Eleventh Circuit issued a temporary injunction blocking the law’s enforcement against two plaintiffs while their appeal is under consideration.In April, West Virginia enacted House Bill 2961, explicitly banning Chinese citizens who are not U.S. citizens or permanent residents from owning or possessing real property or mineral rights within the state. Speaking at the August 2025 APA Justice monthly meeting, Joanna YangQing Derman of Advancing Justice | AAJC explained that, while the legislation defines “prohibited foreign party” as individuals from China, the actual ban applies to individuals acting on behalf of companies and does not ban individuals from directly renting or purchasing land for themselves. The bill specifies that a violation of the law allows six months for full divestment of the sale, enforceable by the state court system and the West Virginia attorney general.The Chinese American Legal Defense Alliance (CALDA) represents plaintiffs in lawsuits against the legislation in Florida and Texas. CALDA legal director, Justin Sadowsky , says “the purpose [of the legislation] appears to be harming Chinese people.” Vincent Wang , chair of the Ohio Chinese American Association (OCAA) and APA Justice co-organizer, has been working with Ohio legislators with OCAA to amend proposed legislation in Ohio. The legislation, House Bill 1 and Senate Bill 88, would bar U.S. permanent residents from China from purchasing homes or businesses within 25 miles of military bases or critical infrastructure, such as water treatment plants, pipelines, dams, and telecommunication systems.Wang says he and his group have tried to relay to lawmakers the impact the legislation will have on business, employment, and investment in the state. Wang estimates roughly 110,000 people could be impacted if the legislation passes.He added, “While China is on the U.S. ‘foreign adversary’ list, conflating the Chinese government with people of Chinese origin risks racial profiling and discrimination — harming innocent individuals and businesses without meaningfully advancing national security.”Chinese ownership of U.S. farmland dropped last year to 265,000 acres, near the 2019 level, accounting for 0.03% of the 876 million acres nationwide. According to Sarah Bauerle Danzman , a former foreign investment analyst with the State Department and a senior fellow at the Atlantic Council, such a miniscule proportion poses no national security threat. Concerns Over ICE Crackdown Tactics Author: Madeleine Gable, APA Justice Communications AssociateAccording to CNN , AsAmNews , and multiple media reports, Yeonsoo Go , a 20-year-old South Korean at Purdue University’s College of Pharmacy, was detained by U.S. Immigration and Customs Enforcement (ICE) on July 31. Five days later, August 4, she was released and reunited with her mother in Federal Plaza in New York.In 2021, Go moved to the U.S. with her mother on a religious worker’s dependent visa. Three years later, she graduated from Scarsdale High School, located in Westchester County, New York. Go’s mother, the Rev. Kyrie Kim , serves as a priest in the Asian ministry of the Episcopal Diocese in New York and is recognized as the first woman ordained in the Seoul Diocese of the Anglican Church of Korea.On July 31, 2025, Go attended a visa hearing in Manhattan with her mother, during which a judge scheduled a hearing for October. However, ICE agents arrested her outside the courthouse immediately after the hearing. She was first held at a nearby federal detention site, then transferred to a facility in Monroe, Louisiana. ICE has not provided an explanation for why she was placed in immigration detention.According to Department of Homeland Security Assistant Secretary Tricia McLaughlin , Go had overstayed a visa that “expired more than two years ago” and was placed in expedited removal proceedings. McLaughlin added, “The fact of the matter is those who are in our country illegally have a choice — they can leave the country voluntarily or be arrested and deported.”However, Go’s current visa is reported to be valid until December, and her hearing on July 31 was part of an effort to extend her status, raising serious questions about the legality and appropriateness of her detention.On August 2, supporters called for Go’s release during a gathering in Manhattan’s Federal Plaza. Friends spoke of her positive attitude and kind heart, noting that Go had been increasingly nervous leading up to her hearing given the current political climate.A Purdue University spokesperson Trevor Peters confirmed the university was aware of the situation and that the dean of students had reached out to Go’s family.Following her release, Republican Representative Mike Lawler wrote on X “Yeonsoo’s case is yet another example of why we must fix our broken immigration system and make it easier for folks to come here and stay, the right way.”Go’s detainment comes just over a week after Tae Heung "Will" Kim , PhD student at Texas A&M University, was first detained at San Francisco International Airport. Kim spent a week sleeping in a chair with the lights on 24/7, before being moved to immigration detention centers in Arizona and then Raymondville, Texas. Kim was denied access to counsel while he was held in San Francisco. Karl Krooth , Kim’s attorney, stated that his client’s detention underscores serious flaws in the immigration system. He noted that Kim was deprived of due process protections typically available through immigration court proceedings, and held in an airport under questionable authority. “CBP [Customs and Border Protection] officers are not neutral arbiters — they are interrogators,” Krooth said. Becky Belcore , co-director of National Korean American Service & Education Consortium (NAKASEC), says Kim’s prolonged detention is indicative of a larger crackdown on immigrants’ rights. Earlier in July, Muhanad J. M. Alshrouf was detained by immigration officials for nine days at George Bush Intercontinental Airport in Houston, TX. Alshrouf had a valid visa and had no criminal history. CBP officials have not provided reasoning why he was detained.Similarly, CBP officials held naturalized citizen Wilmer Chavarria , a Vermont school district superintendent, at George Bush Intercontinental Airport for hours on July 21, searching his electronic devices. Chavarria was returning from a trip to Nicaragua where he visited family.On August 8, the Congressional Asian Pacific American Caucus (CAPAC) addressed a letter to Kristi Noem , Todd Lyons , and Rodney Scott expressing deep concern over the treatment of lawful permanent resident AAPI individuals by CBP and ICE. They pointed to several reports in which individuals — Will Kim, Yeonsoo Go, Lewelyn Dixon , Maximo Londonio , and Yunseo Chung — were detained without due process, suggesting potential violations of constitutional protections. CAPAC also alleges that CBP has violated its own National Standards on Transport, Escort, Detention, and Search, which requires CBP officials to “hold detainees for the least amount of time required” and, generally, for no more than 72 hours. The cases cited by CAPAC exemplify how CPB has purportedly failed to uphold this code.The CAPAC letter underscores growing concerns about the protection of constitutional rights, serving as a reminder of the importance of transparency, accountability, and adherence to due process. Upholding these principles helps ensure that enforcement practices remain fair and that the rights and dignity of immigrant communities are respected. Breaking News : According to the Intercept , a 32-year-old Chinese immigrant named Chaofeng Ge died by suicide in the Moshannon Valley Processing Center, a privately run ICE detention facility in Pennsylvania. Ge had been detained there for five days after being handed over to ICE following a guilty plea for a credit card fraud-related arrest. The Moshannon facility, operated by the GEO Group and the largest ICE detention center in the Northeast, has faced numerous complaints about abusive conditions, including poor language services that leave detainees, especially Chinese speakers, isolated.Ge was found hanging in a shower room early on August 6, 2025, and despite emergency medical efforts, he was pronounced dead around 6 a.m. His death marks the first ICE detainee death in the Northeast this fiscal year and the third suicide in ICE facilities nationwide this year.The Moshannon center has come under scrutiny for overcrowding, lack of adequate medical and mental health care, and harsh conditions that resemble a prison rather than a temporary holding center. A 2024 Department of Homeland Security investigation found “egregious and unconstitutional conditions,” but its findings were largely ignored after oversight offices were closed.Nationwide , deaths in ICE detention have increased sharply this fiscal year, with 12 detainee deaths reported as of June 2025—more than the previous year and the highest since the COVID-19 pandemic began. The rise in deaths highlights ongoing concerns over ICE detention conditions and treatment of immigrants. Science : NIH Funding and Editorial on Columbia Deal According to Science on July 31, 2025, The Senate Appropriations Committee rejected President Trump’s proposed 40% cut to the National Institutes of Health (NIH) and major reductions to the Centers for Disease Control and Prevention (CDC), instead approving a 2026 funding bill that boosts NIH’s base budget by $400 million (1%) to $47.2 billion and keeps the CDC at $9.15 billion. The bill preserves NIH’s 27 institutes, blocks a cap on indirect research costs, and funds targeted research areas such as cancer and Alzheimer’s. Lawmakers from both parties criticized the administration’s attempts to freeze funds and reorganize agencies, framing the measure as a strong bipartisan defense of biomedical research and public health. The Senate bill must still go to the full Senate for approval and be reconciled with a House of Representatives version. According to a Science editorial titled “ The Columbia deal is a tragic wake-up call ” on July 31, 2025, Columbia University has entered into an agreement with the U.S. government to restore $1.3 billion in annual research funding after the Trump administration raised concerns about antisemitism, admissions practices, faculty hiring, and campus protests. While university leaders framed the deal as a necessary step to free up critical science funding—emphasizing its importance for advancing research that benefits the nation and humanity—it imposes obligations far beyond research oversight. The terms focus heavily on undergraduate education and require Columbia to answer questions on a range of politically sensitive topics. Michael Roth , the president of Wesleyan University, who has been an outspoken critic of the Trump administration and has decried the timidity of universities in standing up for higher education, declined to criticize Columbia for entering the agreement, likening it to a parent who understandably had to pay a ransom for their kidnapped child. Many in academia believe that Columbia’s decision has put other universities at risk of being required to meet the same kind of demands. The Columbia case underscores the vulnerability of universities that have become deeply reliant on federal research funding since World War II, often prioritizing financial growth and prestige over safeguarding academic independence. It also illustrates the difficult trade-offs administrators face when balancing core educational principles against the need to secure resources. While Columbia opted to negotiate rather than challenge the government, Brown University has followed a similar path, and Harvard University is fighting its own dispute in court. The real danger, some warn, is that such political and financial pressures—combined with heightened scrutiny of teaching and scholarship—could erode the fundamental mission of higher education: preparing future generations for the public good. Federal Data at Risk: NASEM Warning, IRS Clash, and BLS Firing On August 8, 2025, Marcia McNutt , President of the National Academy of Sciences, and Victor J. Dzau , President of National Academy of Medicine, issued a public statement , emphasizing that federal statistical agencies must remain free from political or other undue influence to maintain public trust and ensure effective decision-making. They highlighted the critical role accurate, objective data plays for businesses, governments, and the public, and reaffirmed long-standing principles—articulated since 1992—requiring agencies to operate independently of political agendas. The statement urges federal leaders to protect the integrity, objectivity, and statutory safeguards that enable these agencies to serve the nation impartially and in the public interest. Related Resources: Principles and Practices for a Federal Statistical Agency: Eighth Edition On August 9, 2025, the Washington Post reported that tensions erupted between the Internal Revenue Service (IRS) and the White House after the Department of Homeland Security (DHS) asked the IRS to use confidential taxpayer data to locate 40,000 suspected undocumented immigrants. IRS privacy lawyers had opposed the April data-sharing agreement, and Commissioner Billy Long limited cooperation, verifying fewer than 3% of names and refusing to share additional information such as Earned Income Tax Credit claims, citing privacy laws. DHS has suggested future requests could target up to 7 million people. The dispute occurred hours before Long’s abrupt removal as IRS commissioner, though it is unclear if it was a direct cause. Long, a former congressman appointed in June, will become ambassador to Iceland, with Treasury Secretary Scott Bessent serving as interim commissioner. His short tenure also saw clashes over delaying tax season and eliminating the IRS’s Direct File program. This episode illustrates the type of political pressure NASEM warns could undermine public trust in federal agencies. On August 1, 2025, President Donald Trump fired Dr. Erika McEntarfer from her role as the Commissioner of the Bureau of Labor Statistics after alleging the jobs report was “rigged” to harm him and Republicans. In a statement issued by the Economic Policy Institute, Heidi Shierholz , President of EPI, called the claim “preposterous” and warned the move risks politicizing the office of Commissioner by threatening removal if economic data displeases the White House. Taken together, these developments underscore a growing pattern of political interference in statistical and data-driven agencies — a trend that, if unchecked, could erode public confidence in the integrity of government information. News and Activities for the Communities 1. APA Justice Community Calendar Upcoming Events: 2025/08/11 Committee of 100 Conversations – “Recollections, Pioneers and Heroes” with Gary Locke2025/08/12 Teaching and Researching Controversial Topics in the Sciences2025/08/14 Court Hearing on Wang v. Paxton (4:25-cv-03103)2025/09/06 The 2025 Asian American Youth Symposium2025/09/08 APA Justice Monthly Meeting2025/09/08 Committee of 100 Conversations – “Recollections, Pioneers and Heroes” with Janet YangVisit https://bit.ly/3XD61qV for event details. # # # 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 August 11, 2025 Previous Newsletter Next Newsletter

August 26, 2018 On August 26, 2018, CBS 60 Minutes rebroadcast " Collateral Damage " nationwide with updates on the stories of Sherry Chen and Professor Xiaoxing Xi. Bill Whitaker reported on these and other innocent Chinese Americans wrongly accused of espionage-related crimes as the U.S. steps up the fight against Chinese theft of U.S. trade secrets and intellectual property. 60 Minutes Overtime, titled " The Spy Who Wasn't, " further describes that "[a]s innocent Chinese Americans are being accused as spies, the impact on them and their families lasts far beyond the legal fees and dropped charges." Sherry Chen and Professor Xiaoxing Xi are not the only Asian American victims of racial discrimination in U.S. history . Collateral damage for Chinese American scientists is also not a recent occurrence by chance. The Chinese Exclusion Act prohibited all immigration of Chinese laborers beginning in 1882. Subsequent amendments expanded the exclusion to all Asians. It was one of the most explicitly discriminatory laws based on race and national origin in U.S. history. The Chinese Exclusion Act and its amendments were not repealed until 1943. More on the Chinese Exclusion Act is available here . During the Second World War, about 120,000 Japanese were interned under Executive Order 9066, about two thirds of them were native-born American citizens. Most of them were uprooted from their homes in the West Coast and sent to relocation centers for suspicion of disloyalty to the United States. Previous Next The Profiling of Asian Americans

Yanping Chen 陈燕平 Docket ID: 1:18-cv-03074 District Court, D. Columbia Date filed: Dec 21, 2018 DC Circuit Appeals Court Appellate Case 24-5050 Table of Contents Overview 2018/12/21 Complaint Against the Government 2022/10/26 Update on Lawsuit 2023/11/27 Update on Lawsuit 2024/02/29 Contempt Ruling to Present Current State Overview Dr. Yanping Chen is a naturalized U.S. citizen born in China. She was a cardiologist and medical researcher with the Chinese astronaut program. She 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. In 2010, Dr. Chen became the focus of a Federal Bureau of Investigations (FBI) investigation. After 6 years of investigation including searches of her home and office, Dr. Chen was told that no charges will be filed against her in 2016. However, beginning in February 2017, Fox News, in stories led by reporter Catherine Herridge, aired a series of negative reports about Dr. Chen using heavily leaked materials from the FBI investigation. On December 21, 2018, Dr. Chen filed a privacy lawsuit against the FBI, Department of Justice, Department of Defense, and Department of Homeland Security. This case is ongoing. 2018/12/21 Complaint Against the Government On December 21, 2018, attorneys for Dr. Yanping Chen filed a civil lawsuit against the Federal Bureau of Investigations (FBI), Department of Justice, Department of Defense, and Department of Homeland Security, collectively the Government. The complaint seeks monetary, injunctive, and declaratory relief to rectify injuries she has suffered as a result of the Government’s illegal and unwarranted public disclosure of her personal information in violation of the Privacy Act. Dr. Yanping Chen is a naturalized U.S. citizen born in China. She was a cardiologist and medical researcher with the Chinese astronaut program. Dr. Chen 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 became a lawful permanent resident in 1993, and a U.S. citizen in 2001. She is a resident of Virginia. In 1998, Dr. Chen founded the University of Management and Technology (UMT) 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 FBI investigation, which appeared to focus on statements Dr. Chen made on immigration forms concerning her work in the 1980s as a scientist for the Chinese astronaut program. Over six years of overt and covert investigations, including searches of Dr. Chen’s home and office, Dr. Chen was informed that no charges would be filed against her. Beginning in February 2017, Fox News aired a series of negative reports drawing heavily from leaked materials from the FBI investigation, resulting in personal, professional, and financial harm to Dr. Chen. These stories made misleading insinuations to accuse her of spying for China. Congressmembers then pressured the government to end UMT's participation in the Department of Defense tuition assistance program, and the Department of Defense did so in 2018 on "national security grounds." References and Links 2019/12/26 National Law Journal: Suit Claims Federal Agencies Leaked Chinese-American Scientists' Info to Fox News 2018/12/21 Chen v FBI 1:18-cv-03074: (Doc 1) Complaint 2018/12/21 Chen v FBI 1:18-cv-03074: Legal Docket 2022/10/26 Update on Lawsuit The Fox News reporter was identified as Catherine Herridge. She joined the Fox News Channel at its inception in 1996 and left for CBS News to become a senior investigative correspondent in 2019. On April 17, 2019, the Government motioned to dismiss Dr. Chen’s case. On January 27, 2020, U.S. District Court Judge Christopher Cooper denied the Government’s motion to dismiss. On May 11, 2021, Judge Cooper denied a motion by Dr. Chen made on January 22, 2021, to compel the FBI to respond to discovery requests concerning the use of U.S. Army Chief Warrant Officer Stephen Rhoads to help investigate her. Stephen Rhoads frequently communicated with Catherine Herridge in advance of the Fox News publications. The denial of Dr. Chen’s motion was without prejudice to renewal based on future developments. After deposing 18 current and former government employees, Dr. Chen was unable to confirm the sources for the stories. She then moved to seek information about the leak directly from Fox News and Catherine Herridge. References and Links 2021/05/11 Chen v FBI 1:18-cv-03074: (Doc 46) Memorandum and Order 2020/01/27 Chen v FBI 1:18-cv-03074: (Doc 13) Opinion and Order 2019/04/17 Chen v FBI 1:18-cv-03074: (Doc 9-1) Memorandum of Points and Authorities in Support of Government’s motion to Dismiss 2023/11/27 Update on Lawsuit Dr. Chen subpoenaed Fox News and Catherine Herridge to force her to disclose the source of her reports in 2017. On August 8, 2022, Fox News and Catherine Herridge filed motions to quash the subpoena, citing journalists’ First Amendment protections. On May 30, 2023, a hearing was held before Judge Christopher Cooper on the motion. Fox News and Herridge were represented by Patrick Philbin, a former top lawyer from Donald Trump’s White House. On August 1, 2023, Judge Cooper issued a ruling that would force Catherine Herridge to participate in a deposition regarding the identity of her anonymous sources from the 2017 series of stories. “The Court recognizes both the vital importance of a free press and the critical role that confidential sources play in the work of investigative journalists like Herridge. But applying the binding case law of this Circuit, the Court concludes that Chen’s need for the requested evidence overcomes Herridge’s qualified First Amendment privilege in this case. The identity of Herridge’s source is central to Chen’s claim, and despite exhaustive discovery, Chen has been unable to ferret out his or her identity. The only reasonable option left is for Chen to ask Herridge herself,” the ruling said. In a deposition on September 26, 2023, Catherine Herridge was repeatedly asked about how she obtained the information for her 2017 stories. Herridge declined to answer dozens of such questions. On November 9, 2023, Dr. Chen requested a ruling on Catherine Herridge’s defiance of the Court’s order. References and Links 2023/11/08 CNN: A former Fox News correspondent is refusing to reveal a source. Her fate is now in a judge’s hands 2023/11/07 Chen v FBI 1:18-cv-03074: (Doc 161) Plaintiff Yanping Chen’s Application for an Order to Show Cause Why Non-Party Catherine Herridge Should Not Be Found in Civil Contempt For Defiance of The Court’s August 1, 2023 Order 2023/08/07 Just The News: Judge orders Catherine Herridge to reveal sources for stories on FBI, Chinese American scientist 2023/08/03 Voice of America: US Judge Orders Reporter to Reveal Confidential Sources 2023/08/01 Chen v FBI 1:18-cv-03074: (Doc 140) Memorandum and Order 2023/05/30 Politico: Fox News, backed by Trump White House lawyer, fights subpoena in leak lawsuit 2023/05/30 Court House News: Fox News pushes to quash subpoena that could unmask source 2022/08/08 Chen v FBI 1:18-cv-03074: (Doc 97) Fox News Network, LLC’s Motion to Quash 2022/08/08 Chen v FBI 1:18-cv-03074: (Doc 96-1) Memorandum in Support of Non-party Catherine V. Herridge’s Motion to Quash 2024/02/29 Contempt Ruling Catherine Herridge was among 20 CBS News employees laid-off in February 2024. On February 29, 2024, Judge Cooper held Catherine Herridge in civil contempt for refusing to divulge her source for her 2017 series of Fox News reports. Judge Cooper imposed a fine of $800 per day until Catherine Herridge reveals her source, but the fine will not go into effect immediately to give her time to appeal. Judge Cooper wrote that he “recognizes the paramount importance of a free press in our society” and the critical role of confidential sources in investigative journalism. But the judge said the court “also has its own role to play in upholding the law and safeguarding judicial authority.” “Herridge and many of her colleagues in the journalism community may disagree with that decision and prefer that a different balance be struck, but she is not permitted to flout a federal court’s order with impunity,” wrote Judge Cooper. On April 1, 2024, Dr. Chen filed a second motion to compel the FBI to specific deposition questions and reproduce specified documents without law-enforcement-privilege redactions. References and Links 2024/07/30 AALDEF: AALDEF files amicus brief in Chinese American scientist’s case against FBI over information leaked to media 2024/04/01 Chen v FBI 1:18-cv-03074: (Doc 197) Plaintiff Yanping Chen’s Second Motion to Compel 2024/02/29 New York Times: Judge Fines Ex-Fox News Reporter for Not Revealing Sources 2024/02/29 Washington Post: Journalist Catherine Herridge held in contempt for not revealing source 2024/02/29 Los Angeles Times: Journalist held in contempt for refusing to reveal sources in Fox News investigation 2024/02/29 AP: Judge holds veteran journalist Catherine Herridge in civil contempt for refusing to divulge source 2024/02/29 Chen v FBI 1:18-cv-03074: (Doc 193) Memorandum and Order 2023/12/08 Washington Post: A CBS reporter refusing to reveal her sources could be held in contempt https:// bit.ly/3WCm06i Current State Catherine Herridge appealed Judge Cooper's ruling. On July 29, 2024, the Asian American Legal and Education Defense Fund (AALDEF) and a coalition of 11 organizations including APA Justice filed a 43-page amicus brief with the U.S. Court of Appeals in support of Dr. Chen. The brief addresses issues of racial prejudice and the negative stereotyping of Asian Americans, particularly in the context of government actions against Dr. Chen. AALDEF also issued a press statement: https://bit.ly/3WCm06i . The U.S. Appeals Court for the District of Columbia Circuit Held a hearing on oral arguments on Herridge's appeal on November 18, 2024 . On September 30, 2025, a three-judge panel of the Appeals Court upheld a contempt finding against former Fox News reporter Catherine Herridge for refusing to reveal the government source who leaked FBI records about Dr. Chen. The court rejected Herridge’s claim of reporter’s privilege, ruling that Dr. Chen had met the legal test by showing the source’s identity was central to her Privacy Act case and that no alternatives remained. Herridge now faces $800 daily fines unless she complies. On November 14, 2025, Herridge filed a petition for a rehearing by the three-judge panel and rehearing en banc by the entire Appeals Court in the DC Circuit. References and Links 2025/11/14 USCA Case #24-5050: Catherine V. Herridge’s Petition for Rehearing and Rehearing en banc 2025/09/30 Courthouse News Service: DC Circuit rejects Fox News reporter effort to duck subpoena over anonymous source 2025/09/30 USCA Case #24-5050: Decision on Yanping Chen v FBI et al 2024/11/18 Yahoo News: Court appears unlikely to spare former Fox News reporter in contempt fight 2024/07/30 AALDEF: AALDEF files amicus brief in Chinese American scientist’s case against FBI over information leaked to media 2024/07/29 USCA Case #24-5050: Brief of Asian American Legal Defense and Education Fund and Asian American Advocacy Organizations as Amici Curiae in Support of Plaintiff-Appellee Previous Item Next Item

Newsletter - #154 Arrowood Nomination; 11/07 Meeting; STEM Workforce; Jeremy Wu Inducted NAPA Fellow #154 Arrowood Nomination; 11/07 Meeting; STEM Workforce; Jeremy Wu Inducted NAPA Fellow Back View PDF November 9, 2022 Previous Newsletter Next Newsletter

Newsletter - #221 Happy Thanksgiving! Loss of Talents; Shutdown Averted; Secret Surveillance Program; + #221 Happy Thanksgiving! Loss of Talents; Shutdown Averted; Secret Surveillance Program; + In This Issue #221 · Happy Thanksgiving! · How America Lost The Heart of China's Top Talent · Government Shutdown Averted For Now · Secret Surveillance Program Gives Cops Access to US Phone Records · News and Activities for the Communities Happy Thanksgiving! How America Lost The Heart of China's Top Talent According to the Brookings Institution, there is a perception that Chinese talented youth are itching to flock to American shores. However, the reality is quite the opposition: Just this year, India has eclipsed China in sending the most international students to the United States. This is the first time has lost that distinction since 2008.Although Chinese students' enrollment in the United States has rebounded this year, this growth may not reflect the choices of China's top talent.Quality, not quantity, is paramount. A recent report from Tsinghua University, China's leading institution, reveals the trend for China's top talent: Over the past few years, the number of Tsinghua graduates who chose to study in the U.S. plummeted - from 11% in 2018 to a mere 3% in 2021. Many attribute this to the pandemic; however, the proportion of Tsinghua graduates studying in the United Kingdom has not declined at all, and the number choosing to study in Singapore has even risen. American higher education has diminished appeal for China's best and brightest. There is fear and anxiety about what they perceive as "a hostile America" toward China - specifically, the U.S. policies targeting Chinese talent and the broader anti-China rhetoric. Instead they would rather compete to get into the graduate program at Tsinghua or other top Chinese institutions. This sentiment marks a significant change from the 1980s and 1990s. The geopolitical tensions between the U.S. and China are chilling Chinese students' passion for American education. Trump administration-era policies have been continued by the Biden administration.In other words, souring US-China relations, rising anti-China sentiments, and the concurrent, dramatic increase in anti-Asian hate crimes have inadvertently helped alleviate China's brain drain.The other reason for top students staying in China is the ascendancy of Chinese universities. Some opinion leaders in the U.S. so not fully grasp how American science and technology education and innovation depend on foreign talent, of which Chinese talent is among the largest. They consider Chinese students as threats to U.S. national security based on their incorrect assumptions. Whether the U.S. has permanently lost its charm with regard to China's top talent remains unknown. Whole concerns over intellectual theft are valid, any policy or discourse that weaponizes this concern, and targets groups based on their race, ethnicity, or national origin is fundamentally against American values and interests.Read the Brookings Institution opinion: https://bit.ly/40Jwsus The South China Morning Post reported that only 211 Americans studied in mainland China during the 2021-22 school year, according to the 2023 version of an annual US government-funded study by the Institute of International Education (IIE). In contrast, from 2018 to 2019, there were more than 11,000 American students in the mainland.The same study showed that during the 2022 to 2023 school year, 289,526 Chinese studied in the US, a slight decrease from the 290,086 during the previous school year. Enrolment from India, the second-largest source of foreign students in the US, reached an all-time high of 268,923 in the 2022-23 academic year, an increase of 35 per cent over the previous year.According to the Chinese embassy in Washington, during the past two-plus years, at least 70 Chinese students with legal visas were “interrogated, harassed and deported” by US law enforcement at their port of entry.The State Department issued about 91,000 visas this year to Chinese students, according to Brenda Grewe of the department’s Bureau of Consular Affairs. Marianne Craven , also of the State Department, said Chinese students were a “priority and valued by US universities”, noting that China is a key country for colleges’ recruitment efforts. U.S. Ambassador to China Nicholas Burns said getting people-to-people interactions back on track was a “major priority” for him. Continuing a trend from the previous academic year, the number of Chinese pursuing undergraduate studies decreased during 2022-23, to 100,349 – a decrease of 8.4 per cent. Like last year, Chinese graduate students saw a single-digit percentage increase. From 2022-23, the number of graduate students rose by 2.3 per cent to 126,028, accounting for the plurality of the Chinese student population in the US at 43.5 per cent. And like last year, about half of the Chinese students studied maths, computer science, engineering and other “STEM” subjects. Read the South China Morning Post report: https://bit.ly/3QOdMW0 Government Shutdown Averted For Now According to multiple media reports including CNN , President Joe Biden signed on November 16 the stopgap spending bill into law, averting a shutdown for now and setting up a contentious fight over funding in the new year. The plan is not a full-year spending bill and only extends funding until January 19 for priorities including military construction, veterans’ affairs, transportation, housing and the Energy Department. The rest of the government – anything not covered by the first step – will be funded until February 2.Read the CNN report: https://cnn.it/3G7JsRm Secret Surveillance Program Gives Cops Access to US Phone Records According to WIRED , a secretive government program is allowing federal, state, and local law enforcement to access phone records of Americans who are not suspected of a crime. US senator Ron Wyden wrote a letter to the Department of Justice (DOJ), challenging the program’s legality. A surveillance program now known as Data Analytical Services, or DAS, has for more than a decade allowed federal, state, and local law enforcement agencies to mine the details of Americans’ calls, analyzing the phone records of countless people unsuspected of any crime, including victims. Using a technique known as chain analysis, the program targets not only those in direct phone contact with a criminal suspect but anyone with whom those individuals have been in contact with as well. The DAS program, formerly known as Hemisphere, is run in coordination with the telecom giant AT&T, which captures and conducts analysis of US call records for law enforcement agencies, from local police and sheriffs’ departments to US customs offices and postal inspectors across the country,First disclosed by the New York Times in September 2013 as Hemisphere, the DAS program—renamed in 2013—has since largely flown under the radar. Internal records obtained by the newspaper at the time concerning the program’s secrecy show that law enforcement had long been instructed to never “refer to Hemisphere in any official document.”The collection of call record data under DAS is not wiretapping, which on US soil requires a warrant based on probable cause. Call records stored by AT&T do not include recordings of any conversations. Instead, the records include a variety of identifying information, such as the caller and recipient’s names, phone numbers, and the dates and times they placed calls, for six months or more at a time. Documents released under public records laws show the DAS program has been used to produce location information on criminal suspects and their known associates, a practice deemed unconstitutional without a warrant in 2018. Earlier this month, Wyden and other lawmakers in the House and Senate introduced comprehensive privacy legislation known as the Government Surveillance Reform Act. The bill contains numerous provisions that, if enacted, would patch most if not all of these loopholes, effectively rendering the DAS program, in its current form, explicitly illegal. Read the WIRED report: https://bit.ly/46xYGtG News and Activities for the Communities 1. APA Justice Community Calendar Upcoming Events: 2023/11/26 Rep. Gene Wu 's Weekly town hall meeting2023/12/03 Rep. Gene Wu 's Weekly town hall meeting2023/12/04 APA Justice monthly meeting 2023/12/10 Rep. Gene Wu 's Weekly town hall meeting2023/12/12 Community Briefing on Section 7022023/12/13 1882 Foundation - Repeal of Chinese Exclusion and Wang Kim Ark2023/12/17 Rep. Gene Wu 's Weekly town hall meetingVisit https://bit.ly/45KGyga for event details. 2. Cosmos Club Luncheon Event on US-China Science and Technology Relations On November 16, 2023, the Cosmos Club hosted an in-person luncheon event on "Challenges and Opportunities: Defining US-China Science and Technology Relations." The featured speakers were Rebecca Spyke Keiser , chief of research security strategy and policy at the National Science Foundation (NSF), and Tobin (Toby) Smith , senior vice president for government relations and public policy at the Association of American Universities (AAU). They were engaged in an interactive discussion on the complex relationship between the US and China and its bearings on a plethora of science policy issues. Back View PDF November 22, 2023 Previous Newsletter Next Newsletter

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