Chen Song 宋琛 Docket ID: 3:21-cr-00011 District Court, N.D. California Date filed: Jan 7, 2021 Date ended: July 23, 2021 Table of Contents Overview 2021/10/05 APA Justice Monthly Meeting Five “Visa Fraud” Case 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. Chen Song. A fifth scientist was arrested for similar charges in August 2020. Dr. Chen Song was a visiting researcher at Stanford University, specializing in neurological studies and brain diseases. She came to the U.S. with her young daughter in 2018 on a J-1 visa, which is often used for scholars and researchers. During her visa application process, she allegedly did not disclose her affiliation with the Chinese military. On January 7, 2021, Dr. Song was charged with one count of visa fraud. If convicted, Dr. Song faced a maximum statutory penalty of up to 10 years in prison and a fine of $250,000. On February 19, 2021, Dr. Song was charged additionally for obstruction of official proceedings; two counts of alteration, destruction, mutilation, or concealment of records; and making false statements to a government agency. On July 23, 2021, Acting U.S. Attorney Stephanie M. Hinds motioned to dismiss the case against Dr. Chen Song, a visiting researcher on neurology from China at Stanford University. On the same day, U.S. District Judge William Alsup granted the motion to dismiss. Dr. Song's passport was returned immediately, and she travelled back to China to continue her medical practice. The other four visa fraud cases were also dismissed at the same time. The five visa fraud cases including Dr. Song were identified under the China Initiative, but they were removed from the DOJ online report after their dismissals. Dr, Song’s defense attorney, John Hemann, spoke about her case during the October 2021 APA Justice monthly meeting. 2021/10/05 APA Justice Monthly Meeting John Hemann, Partner at Cooley LLP, was Dr. Song’s defense attorney. He served as chief of the special prosecutions and national security unit and deputy chief of the criminal division at the US Attorney’s Office for the Northern District of California. When the “China Initiative” began at the Department of Justice (DOJ) in 2018, John Hemann was literally in the room. John Hemann spoke at the APA Justice monthly meeting on October 5, 2021. According to John Hemann, the case of Dr. Song should never have been approached by the U.S. government as a criminal matter, echoing an earlier remark by U.S. Rep. Jamie Raskin at the meeting. Worse yet, Dr. Song was charged at the same time as four other Chinese doctors in an example of what can only be described as rounding up the usual suspects to fight clearly an imagined problem. None of the five were charged with trade secret violations or espionage. And there was never any evidence of trade secret violations or espionage. John Hemann vigorously pursued information discovery in Dr. Song’s case. The government claimed it was classified and information began to come out that even within the government, there was discomfort about the way the FBI and DOJ were handling the matter. There were serious questions about whether it should ever have been charged in the first place. Under the weight of these increasing disclosures, the government dismissed all the charges against Dr. Song and the other four doctors in July 2021. Dr. Song was able to immediately return to China where she has been reunited with her young daughter, her husband, and her family, and back to practicing medicine. John Hemann echoed Rep. Raskin’s comments about due process and national security. There are valid concerns about national security. But those concerns cannot be manifested into targeting or profiling people of a race or national origin because it does not work in the first case. As a prosecutor who spent a lot of time working on national security matters, John Hemann said that profiling is not going to solve the national security problems that it is meant or allegedly motivated to solve. It makes us less safe because it undermines exactly what makes us strongest, which is a constitutional commitment to due process. That is what makes us different. That is what makes us as a country better and more hopeful than any other country. And it all comes down to due process. And while national security, information security, and trade secret thefts are real concerns and real problems, they are not problems that can be identified by first looking at suspects and then looking for crimes. John was doing national security cases and trade secret cases long before the China initiative. United States v. United Microelectronics Corporation (3:18-cr-00465) was the case that launched the China Initiative. It was a trade secret case that was identified the old-fashioned way by first seeing evidence of an actual trade secret theft and then figuring out who committed the crime. John Hemann and DOJ worked very closely with the Taiwanese government. The company that employed the individuals who allegedly stole the trade secrets was a Taiwanese company. It was worked out that the Taiwanese government would prosecute the individuals and the US government would focus on the companies. One of the companies pled guilty, and the case against the Chinese company, Fujian Jinhua Integrated Circuit Co Ltd, moved forward. That case did not need a China initiative. That case moved forward on the evidence with John’s successors in DOJ. On February 27, 2024, Fujian Jinhua Integrated Circuit Co Ltd was cleared of U.S. allegations that the Chinese chipmaker stole trade secrets, in a case that fanned tensions in an intensifying technology race between the United States and China. U.S. District Judge Maxine Chesney in San Francisco found the company not guilty after a non-jury trial. 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 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 - #100 Reactions to MIT Tech Review Reports; NIH Director Speaks/Listening Sessions; Events+ #100 Reactions to MIT Tech Review Reports; NIH Director Speaks/Listening Sessions; Events+ Back View PDF December 9, 2021 Previous Newsletter Next Newsletter

Chinese American? Who is a Chinese American? What is the Chinese American population? These questions may appear simple on the surface, but they are subject to definitions and interpretations. They have also evolved over time. Defining Chinese American For data collection purposes, the Office of Management and Budget is the official authority to define racial and ethnic categories for the United States. Today, Chinese American is a sub-category of Asian American, defined as "A person having origins in any of the original peoples of the Far East, Southeast Asia, or the Indian subcontinent including, for example, Cambodia, China, India, Japan, Korea, Malaysia, Pakistan, the Philippine Islands, Thailand, and Vietnam." This government definition generally reflects a recognized social definition. It is not an attempt to define race biologically, anthropologically, or genetically, nor is it linked to the standard geographical definitions. In practice, an individual associates his or her race and ethnicity by self-identification. The U.S. Census Bureau produces official statistics on the Chinese American population according to this definition and self-identified data, which include U.S. citizens and nationals, as well as permanent residents. Under this definition and interpretation, a Chinese American may also be described as a Chinese in America. Definition used in social, legal and other applications may vary, such as the requirement of U.S. citizenship. Basic Statistics The first recorded arrival of three Chinese sailors in the U.S. travelled from Canton (now Guangzhou), China on board the ship Pallas to Baltimore, Maryland in August 1785. The first recorded Chinese immigrants arrived in the U.S. around 1820. By 1860, the census counted 34,933 Chinese living in California. More than three quarters of them were miners and laborers who first came to the U.S. during the 1848-1855 Gold Rush and then helped built and completed the First Transcontinental Railroad by 1869. The 2010 census showed that the Asian population grew faster than any other race group over the previous decade. Chinese Americans was the largest detailed Asian group, with about 3.3 million people reporting Chinese alone and an additional 700,000 people identifying as both Chinese and one or more additional detailed Asian groups and/or another race. According to the 2017 American Community Survey, the Census Bureau estimated a population of Chinese Americans of one or more races to be slightly over 5 million, or about 1.5% of the total U.S. population. Additional statistics on Chinese in America are available from, for example, the Census Bureau , the Migration Policy Institute , and the Pew Research Center . Beyond Statistics Beyond these statistics, the Chinese American population is complex as it has evolved over the past two hundred years. Several waves of immigrations have occurred; they were also severely repressed for more than 60 years under the Chinese Exclusion Act. There are American-born Chinese (ABC) whose roots have been here for generations; there are also recent naturalized citizens and immigrants of diverse economic and educational background who came from Hong Kong, Taiwan, China and the rest of the world. Not surprisingly, more in-depth understanding about the Chinese American population varies according to perspectives, experiences, and even aspirations, notably between ABCs and more recent naturalized citizens and immigrants. Two prominent Chinese American leaders of such diverse background, who have long been engaged with APA Justice, offer their views on this topic. They are: Frank H. Wu (吴华扬), William L. Prosser Distinguished Professor, University of California Hastings College of the Law and author of Yellow: Race in America Beyond Black and White . Frank was born in Cleveland, Ohio, son of Chinese immigrants from Taiwan. His paper, "The New Chinese Diaspora Embracing the Model Minority and Perpetual Foreigner? ," was orginally published in Chinese Historical Society of America: History & Perspectives . Chinese translation of the paper was made by Kathy Liu, Steve Ning, and Julia Pan. Xiaoyan Zhang (张小彥), visiting professor at University of Pittsburgh and Chair of United Chinese Americans (UCA). Xiaoyang was born in Beijing, China and came to the U.S. in the early 1980s. He is a naturalized U.S. citizen. Xiaoyan authored the UCA manifesto "From Sojourner to Citizen " in 2018 and shares a paper here "American Democracy in the Eyes of a New Immigrant from China " about his personal experience and understanding. A Chinese verison is also available. China Policy: Huaren and Huaqiao The Chinese diaspora, consisting of both Chinese living overseas who are citizens of China (huaqiao 华侨), and people of Chinese descent who are citizens of foreign countries (huaren 华人), have significantly shaped the making of modern China. China’s policy towards its diaspora is primarily governed by its national interests and foreign policy imperatives. However, the Chinese government has been careful to ensure that the huaqiao and the huaren fall into different policy domains: Chinese citizens living overseas are subject to China’s domestic policies, while Chinese descendants who are citizens of other countries come under China’s foreign affairs. Nevertheless, from the beginning, the latter continue to be regarded as kinsfolk distinct from other foreign nationals. The huaqiao-huaren distinction is often blurred in ordinary discourse and this has been a source of much misunderstanding. However, it has not been the policy of the Chinese government to blur this distinction, and it is acutely aware of the complexity of the issue and is therefore very cautious about implying any change. As such, when terms such as huaqiao-huaren are introduced in the official lexicon, they are meant to acknowledge certain historical and contemporary realities, and not to deliberately obfuscate the two categories. The use of the combined term is in fact a recognition of the clear-cut distinction between the two groups, and is meant to convey a semantic balance in which neither category is emphasized at the expense of the other. And more from below by Wu Xiaoan, professor of history at Peking University and director of its Centre for the Study of Chinese Overseas Huaren or huaqiao? Beijing respects the difference and is not coercing foreigners to toe its line China’s Evolving Policy Towards The Chinese Diaspora in Southeast Asia (1949–2018) US Policy: National, Citizenship, US Persons U.S. State Department on Dual Nationality and Citizenship : Section 101(a)(22) of the Immigration and Nationality Act (INA) states that “the term ‘national of the United States’ means (A) a citizen of the United States, or (B) a person who, though not a citizen of the United States, owes permanent allegiance to the United States.” Therefore, U.S. citizens are also U.S. nationals. Non-citizen nationality status refers only individuals who were born either in American Samoa or on Swains Island to parents who are not citizens of the United States. The concept of dual nationality means that a person is a national of two countries at the same time. Each country has its own nationality laws based on its own policy. Persons may have dual nationality by automatic operation of different laws rather than by choice. For example, a child born in a foreign country to U.S. national parents may be both a U.S. national and a national of the country of birth. Or, an individual having one nationality at birth may naturalize at a later date in another country and become a dual national. U.S. law does not mention dual nationality or require a person to choose one nationality or another. A U.S. citizen may naturalize in a foreign state without any risk to his or her U.S. citizenship. However, persons who acquire a foreign nationality after age 18 by applying for it may relinquish their U.S. nationality if they wish to do so... Dual nationals owe allegiance to both the United States and the foreign country. They are required to obey the laws of both countries, and either country has the right to enforce its laws. It is important to note the problems attendant to dual nationality. Claims of other countries upon U.S. dual-nationals often place them in situations where their obligations to one country are in conflict with the laws of the other. For data collection and national security purposes, a "U.S. person" includes citizens, lawfully admitted permanent resident aliens, and corporations incorporated in the United States. See U.S. Code § 1801 (i): https://www.law.cornell.edu/uscode/text/50/1801 VS

Newsletter - #201 Florida Injunction; Dr. Yanping Chen; FBI Spy Hunter; United Against Hate; 08/26 March #201 Florida Injunction; Dr. Yanping Chen; FBI Spy Hunter; United Against Hate; 08/26 March In This Issue #201 Federal District Court Refuses to Halt Florida’s Discriminatory Housing Law The Case of Dr. Yanping Chen vs FBI et al An FBI Spy Hunter’s Rise and Fall “United Against Hate” Forum in San Francisco 2023/08/26 March on Washington Federal District Court Refuses to Halt Florida’s Discriminatory Housing Law On August 17, 2023, a federal district court judge refused to preliminarily block Senate Bill (SB) 264, an unconstitutional Florida law banning many Chinese immigrants, including people here as professors, students, employees, and scientists, from buying a home in large swaths of the state. As a result, SB 264 remains in effect. The judge's order denying the preliminary injunction motion is posted here: https://bit.ly/3QHsorA 2023/08/18 Washington Post: Florida judge refuses to halt law restricting Chinese land ownership 2023/08/18 South China Morning Post: US judge declines to block Florida law restricting Chinese from buying property 2023/08/17 AsAmNews: District Court declines to stop Florida Chinese land ban 2023/08/17 National Iranian American Council: NIAC Condemns Florida Court’s Denial of Preliminary Injunction for Alien Land Law (S.B. 264) 1. Press Release by ACLU According to a press release by the American Civil Liberties Union (ACLU), the Florida District Court ruling addressed the plaintiffs’ request for emergency relief and does not resolve the underlying legal arguments brought in the case. ACLU, ACLU of Florida, DeHeng Law Offices PC, the Asian American Legal Defense and Education Fund (AALDEF), and the law firm Quinn Emanuel are representing four Chinese immigrants who live, work, study, and raise families in Florida, but are prohibited under SB 264 from buying a home, as well as Multi-Choice Realty, a local real estate firm whose business is harmed by the law.“This law is hurting immigrants who are trying to build lives in Florida,” said Jian Song , owner of Multi-Choice Realty LLC. “As a Chinese American who has called Orlando my home for over 20 years, I’ve been extremely worried since this law went into effect.” Under SB 264, people who are not U.S. citizens or permanent residents, and whose “domicile,” or permanent home, is in China, are prohibited from purchasing property, including homes, in Florida. The sole exception is narrow: People with non-tourist visas or who have been granted asylum may purchase one residential property under two acres that is not within five miles of any “military installation.” This term is vaguely defined in the law, but there are at least 21 large military bases in Florida, many of them within five miles of cities like Orlando, Miami, and Tampa — putting many major residential and economically-important areas completely off-limits. A similar but less restrictive rule also applies to many immigrants from Cuba, Venezuela, Iran, North Korea, Russia, and Syria. But the law singles out people from China for especially draconian restrictions and harsher criminal penalties. “While today’s decision is disheartening, our clients will continue to fight for their rights to equality and fairness on appeal,” said Ashley Gorski , senior staff attorney at ACLU’s National Security Project. “Florida’s law legitimizes and expands housing discrimination, in violation of both the Constitution and the Fair Housing Act.”“Today’s ruling heavily relies on a decision from the Supreme Court in 1923, a time when Asian immigrants were not allowed to become citizens, own land, or vote,” said Clay Zhu , Managing Partner of DeHeng Law Offices PC. “We shall not go back.”In the early 20th century, politicians used similar justifications to pass “alien land laws” in California and more than a dozen other states, prohibiting Chinese and Japanese immigrants from becoming landowners. These racist policies severely restricted economic opportunities for immigrants and exacerbated discrimination against Asian communities in the United States, before eventually being overturned in the courts and by state legislatures. Florida was one of the last states to repeal its “alien land law” in 2018. “Our community will continue to fight against Florida’s unjust and racist law,” said Bethany Li , legal director at the Asian American Legal Defense and Education Fund. “These types of laws use false stereotypes about Asian Americans as perpetual foreigners and have repeatedly harmed our community — from the Chinese Exclusion Act, to the Japanese Americans’ incarceration during World War II, and the surveillance of South Asians in the post-9/11 period.”“We are disappointed by today’s decision, and believe it fails to account for our clients’ constitutional and statutory rights,” said Derek Shaffer , partner at Quinn Emanuel. “In our view, which the U.S. Government has supported as an amicus, people from China should be no less welcome in Florida than they are elsewhere in the United States and free to participate in the housing market on equal footing with everyone else. Recognizing that this decision decides only our request for a preliminary injunction, we look forward to continuing this litigation and to seeking recourse on appeal.”Read the ACLU press release: https://bit.ly/45p3MIq 2. Statement by CALDA In a statement by the Chinese American Legal Defense Alliance, CALDA announced that 历史不容倒退：地区法院未批准禁止令，我们将立即全力上诉 (History Shall Not Regress: District Court Did Not Grant Restraining Order, We Will Appeal Immediately With Full Strength). "We believe the District Court's decision was entirely wrong. We will not stop here, and our legal team will quickly file an appeal to the 11th U.S. Circuit Court in Atlanta in the next few weeks to overturn the district court's decision as soon as possible," the statement said. "CALDA and our civil rights alliance have formulated a response strategy. We will immediately appeal to the Eleventh Circuit Court, striving to overturn the ruling of the District Court as soon as possible. Next, we will continue to pursue our lawsuit with unwavering determination.""CALDA firmly believes that the road to rights protection may be difficult, but the door to fairness and justice has never been closed. We have only encountered a temporary setback. The truth must take time to practice and validate, but our belief in the final victory has never wavered! While the struggle against SB264's diabolical law may continue for some time, CALDA and allies are bound to overturn it completely. Our mission is to completely eliminate systematic racial discrimination against the Chinese, and to ensure that the rights and interests of the Chinese are treated fairly and justly."Read the CALDA statement in Chinese: https://bit.ly/3P0zGpd 3. Statement by NAPABA According to a statement on August 17, 2023, the National Asian American Bar Association (NAPABA) and the Asian Pacific American Bar Association of Tampa Bay (APABA Tampa Bay) profoundly disagree with the Florida federal court ruling.After the plaintiffs moved for a preliminary injunction seeking to bar the enforcement of SB 264, NAPABA and APABA Tampa Bay joined a coalition of partners and submitted an amicus brief in support of the injunction. Notably, the United States, in a Statement of Interest submitted by the U.S. Department of Justice, supported the injunction and advised that SB 264 violated the Equal Protection Clause of the Fourteenth Amendment."The Florida statute is a textbook example of invidious discrimination. The plain sweep of SB 264 not only places restrictions on individuals from China and certain other countries, including those lawfully present in the United States, in purchasing property, but it also imposes greater criminal penalties on Chinese buyers than for those from other restricted countries," the statement said."The District Court’s reasoning relies heavily on the United States Supreme Court’s decision in Terrace v. Thompson, 263 U.S. 197 (1923), which upheld Washington State’s alien land law and barred a Japanese citizen from leasing farmland. In doing so, the District Court endorses an outdated historical legal argument that alien land laws do not violate equal protection because they applied broadly to all aliens ineligible for citizenship. This theory completely disregards the fact that at the time of enactment, Asian immigrants were not eligible to naturalize. Terrace, which has not been directly overturned, noted in 1923 that it was “reasonable” that “eligible aliens are free white persons and persons of African nativity or descent,” and that “the natives of European countries are eligible. Japanese, Chinese and Malays are not.” Resting today’s decision on such discredited case law and reasoning is unacceptable."Despite the setback today, NAPABA’s vigorous advocacy will continue. "At bottom, policymakers are free to address the legitimate national security concerns of the United States, but they may not enact discriminatory laws on the backs of the AANHPI community."Read the NAPABA statement: https://bit.ly/44uwM0F The Case of Dr. Yanping Chen vs FBI et al On August 17, 2023, the U.S. District Court for the District of Columbia issued a Memorandum opinion and Order on the civil case of Dr. Yanping Chen 陈燕平 vs Federal Bureau of Investigation et al.According to the Memorandum Opinion and Order,"In 2017, Fox News Network aired a series of investigative reports about Plaintiff Yanping Chen. The thrust of the stories, principally authored by journalist Catherine Herridge , was that Ms. Chen had concealed her former membership in the Chinese military on her U.S. immigration forms and might have been using a professional school she founded in Virginia to funnel valuable information about the American military to the Chinese government. The reports also contained materials—including photographs and images of internal government documents—that Chen alleges were leaked by government personnel to Herridge and Fox, in violation of the Privacy Act. After extensive discovery and several opinions by this Court, Chen has been unable to identify the source of the alleged leak. She thus issued subpoenas to Herridge and Fox, seeking to compel them to reveal their confidential source or sources. Asserting the First Amendment’s qualified privilege for journalists, and urging the Court to adopt a federal common law newsgathering privilege, Herridge and Fox moved to quash the subpoenas."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."Read the Memorandum Opinion and Order: https://bit.ly/3YET7XS An FBI Spy Hunter’s Rise and Fall According to AP News and the New York Times , Charles McGonigal , a former high-ranking Federal Bureau of Investigation (FBI) counterintelligence official pleaded guilty to conspiring to violate sanctions on Russia by going to work, after he retired, for an oligarch he once investigated.As the chief of counterintelligence for the FBI in New York, he was tasked with rooting out foreign efforts to steal vital national security and economic secrets.McGonigal pleaded guilty to a single count of conspiring to launder money and violate the International Emergency Economic Powers Act. He could face up to five years in prison. Judge Jennifer H. Rearden scheduled his sentencing for December 14. He is one of the highest-ranking FBI agents ever to be convicted of a crime. The case has raised unsettling questions about the FBI’s ability to detect corruption within its ranks. Prosecutors suggested that McGonigal traveled extensively while at the bureau, meeting with foreign officials and businesspeople who, on the surface, had nothing to do with his job. Agents are required to report such contacts and certain financial transactions and to take lie-detector tests, but the bureau relies heavily on the integrity of the people it has placed in positions of trust. 2023/08/16 AP News: Ex-FBI counterintelligence official pleads guilty to conspiracy charge for helping Russian oligarch 2023/08/14 New York Times: Fast Living and Foreign Dealings: An F.B.I. Spy Hunter’s Rise and Fall “United Against Hate” Forum in San Francisco According to a LinkedIn post, The Asian American Foundation (TAAF) partnered with U.S. Attorney Ismail Ramsey for the second “United Against Hate” forum in San Francisco. The continued goal for these events are to strengthen relationships between government partners and community-based organizations by hosting a space for honest and open dialogue for law enforcement and community advocates.Participants recounted stories of anti-AAPI hate and explained why many victims do not report incidents to law enforcement. They discussed the need for accountability and stronger prevention measures to help the community feel safer. The District Attorney’s Civil Division also shared civil remedies that the community can access to address incidents of anti-AAPI bias and discrimination.Read the TAAF LinkedIn post: https://bit.ly/3P404i9 2023/08/26 March on Washington On August 26, 2023, a 2023 March on Washington will commemorate the 60th anniversary of the historic March on Washington, organized by Dr. Martin Luther King Jr. and other civil rights leaders in 1963, to continue the fight for democracy, social justice and civil rights. Join the King family and the Asian American, Native Hawaiian, and Pacific Islander communities at the Lincoln Memorial to honor the past, acknowledge the present and march toward a future of progress and equality. Back View PDF August 18, 2023 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

Newsletter - #146 Seeking Accountability; Updates on Mingqing Xiao/Franklin Tao; Judge Parker; WH Event #146 Seeking Accountability; Updates on Mingqing Xiao/Franklin Tao; Judge Parker; WH Event Back View PDF September 22, 2022 Previous Newsletter Next Newsletter

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Newsletter - #99 MIT Technology Review on "China Initiative+; Dr. Mingqing Xiao; Rally in Philly; TYW + #99 MIT Technology Review on "China Initiative+; Dr. Mingqing Xiao; Rally in Philly; TYW + Back View PDF December 6, 2021 Previous Newsletter Next Newsletter

Gee-Kung Chang 張繼昆 Docket ID: 1:21-cr-00109 District Court, N.D. Georgia Date filed: Mar 18, 2021 Date Ended: Apr 14, 2025 Robert Fisher , Partner at Nixon Peabody, was the defense attorney for MIT Professor Gang Chen 陈刚 . He spoke at the APA Justice monthly meeting on May 5, 2025, and introduced Professor Gee-Kung (GK) Chang 張繼昆 , whom Robert also represented with colleague Brian Kelly . Rob said this is a critical time for the country and for the Asian American community. Although the China Initiative was officially ended, similar prosecutions are still occurring—particularly targeting professors, scientists, and professionals with ties to China. Rob explained that GK was accused of wire fraud based on allegations that he and a colleague from ZTE conspired to misuse J-1 visa students, supposedly having them work at ZTE while being paid by Georgia Tech. However, the defense pointed out that, even according to the government’s own account, the students were working at Georgia Tech. The indictment was fundamentally flawed—it failed to allege that the financial component was the actual object of the fraud. As a result, the court dismissed most of the charges, leaving only one remaining. That final charge—visa fraud—was also challenged. GK had no role in the visa application process, and Georgia Tech had never provided training on compliance or rules regarding foreign collaboration. Without knowledge or training, there could not have been intent to defraud. Eventually, the government dropped the last remaining charge. GK was fully exonerated after a four-year ordeal under the era of the China Initiative. GK's case highlights a broader issue: many professors were once encouraged to collaborate with China, only to later face prosecution as political attitudes shifted. These retroactive investigations have damaged careers and chilled academic collaboration, especially within the Asian American community. Professor GK Chang shared his personal account of a harrowing legal ordeal during the May 2025 APA Justice monthly meeting. Quoting his written statement titled "From Injustice to Integrity: A Journey Through Fire," GK told his story that "I stand before you today, not as a victim of injustice, but as a witness to the power of integrity, forged in the fiercest fires of adversity. My journey was never just about reclaiming my freedom — it was about turning pain into a higher purpose, one that lights the way for those still suffering injustice." GK was born in China in 1947, moved to Taiwan as a baby during the Chinese Civil War, and came to the U.S. in 1970 for graduate studies in physics. He earned his Ph.D. from the University of California, Riverside in 1976 and became a U.S. citizen in 1981. With 23 years of experience in industry—including leadership roles at Bell Labs, Bellcore, Telcordia, and OpNext—GK became a pioneer in optoelectronic integration and fiber-optic communications, holding over 50 patents. He received multiple awards, including the R&D 100 Award and the Bellcore President’s Award. In 2002, he joined Georgia Tech as an Eminent Scholar Chair Professor. There, he led major NSF-sponsored research on fiber-wireless networks that laid the foundation for 5G and 6G technologies. He advised 30 Ph.D. students, published over 500 papers, and earned Fellow honors from IEEE and the Optical Society of America. He was recognized as a distinguished alumnus of National Tsing Hua University and received Georgia Tech’s Distinguished Faculty Achievement Award. On March 24, 2021, GK’s life was changed forever when nine federal agents arrested him at home without warning, accusing him of conspiracy and wire fraud under the now-defunct “China Initiative.” Despite his clean record and decades of academic and industry contributions, he was publicly indicted without prior notice. Though released on a low bail, the arrest devastated his personal and professional life. The media portrayed him as guilty, his reputation collapsed, and colleagues and friends distanced themselves, leaving him isolated and emotionally shattered. Despite being wrongfully indicted, GK stood firm, relying on his values, family, and a few loyal allies. Through careful review of over a million pages of documents with his legal team of Rob Fisher and Brian Kelly, he uncovered major flaws in the case against him: factual inaccuracies, missing evidence, and prosecutorial misconduct. The charges lacked legal grounding and were based partly on the testimony of a disgruntled former student. The government misunderstood academic norms and pursued the case without proof of intent, fraud, or personal gain—revealing a deeply flawed and unjust prosecution. Faced with multiple plea offers, including one to plead guilty to a single misdemeanor, GK refused to admit guilt for a crime he did not commit. He chose to fight on despite financial strain. A pivotal moment came in August 2023, when a prosecutor admitted in court that GK had not gained any money from the alleged offenses—contradicting the indictment’s claims. This crucial fact had been withheld from the grand jury, exposing serious prosecutorial misconduct and strengthening his case for vindication. The case shifted dramatically after the court dismissed 9 of the 10 charges on March 1, 2024. Empowered by this decision, GK demanded a speedy trial under the Sixth Amendment, confident of full vindication. However, the emotional strain took a serious toll: he suffered a heart attack in May 2024 and underwent emergency surgery. As he recovered, his focus turned not just to clearing his name, but reclaiming his dignity. The ordeal was nearing its end, but had already come at a profound personal cost. The final charge was dismissed on April 14, 2025, through a motion filed by the prosecutor and approved by the judge, fully exonerating GK without a trial. Yet, the long-awaited freedom brought no joy. After four years of legal battles, he was left emotionally scarred, physically worn, and financially depleted. Professionally, the damage was irreversible—four crucial years of innovation and contribution at the peak of his career were lost forever. Despite the pain, the ordeal brought GK clarity and a renewed sense of purpose. He emerged not only as a survivor but as a seeker—of truth, justice, and understanding. His faith in the justice system was shaken, as he came to see its vulnerability to error, bias, and ambition. He now believes that justice does not automatically protect the innocent and must be actively pursued with courage and conviction. Upholding what is right requires strength, even in the face of overwhelming adversity—because justice is never guaranteed, only earned. Quoting Dr. Martin Luther King, Jr. , GK concluded his statement by stating: "I share my testimony, 'A Journey Through Fire,' not for sympathy, but as a warning—and as a beacon. "To those suffering similar injustice: "You are not alone. "And by standing together, "we can help ensure that no one else must endure this tribulation again." References and Links 2025/05/05 APA Justice Monthly Meeting: GK Chang and Robert Fisher (video 19:00 2025/05/05 Gee-Kung Chang: 20250505 GK Chang, A Journey Through Fire, revised July 19, 2025 .pdf Download PDF • 218KB 2025/04/15 Law360: Judge Ends 'China Initiative' Prosecution Of Ex-Ga. Tech Prof 2021/03/24 DOJ: Georgia Institute of Technology professor charged with Visa and wire fraud Previous Item Next Item

Following a public campaign led by Maryland State Senator Susan Lee and a coalition in February 2022, Reps. Jamie Raskin and Judy Chu hosted a Democratic Member Roundtable on “Researching while Chinese American: Ethnic Profiling, Chinese American Scientists and a New American Brain Drain” in June 2022. It was the first congressional hearing where the profiling of Chinese American scientists and the damage to American leadership in science and technology were heard. June 30, 2021 Table of Contents Overview The Human and Scientific Costs of Racial Profiling Must be Heard Congressional Staffer Roundtable on Research Integrity Bicameral Letter Urging DOJ Probe into Racial Profiling Links and References Overview Watch the video here. (1:42:15) On June 30, 2021, Representative Jamie Raskin, Chair of the Subcommittee on Civil Rights and Civil Liberties, and Representative Judy Chu, Chair of the Congressional Asian Pacific American Caucus, held a Democratic Member Roundtable titled “Researching while Chinese American: Ethnic Profiling, Chinese American Scientists and a New American Brain Drain.” The Department of Justice (DOJ) has long targeted Chinese Americans in extensive investigations into foreign espionage, leading to multiple false arrests of innocent Chinese American scientists. These efforts ramped up in federal agencies under the Trump Administration’s China Initiative, causing numerous scientists to lose their jobs despite not unveiling chargeable criminal conduct. This roundtable examined the federal government’s alleged racial profiling of Chinese American scientists, and addressed how the continued harassment harms the broader U.S. scientific community. Opening Remarks by Representative Jamie Raskin: “That is not acceptable in the United States of America, which was founded on principles of equality and justice. We reject guilt by association, we reject notions of collective guilt or ethnic or racial guilt. The United States is a welcoming place, it is open to people of all backgrounds and to creative ideas, and to scientific research and inquiry. That is how we established ourselves as a world leader in innovation and technology, by allowing for free-flowing thoughts and theories. By targeting people who are ethnically Chinese, without evidence, we are hampering our ability to be that world leader and we are harming an entire community.” Opening Remarks by Rep. Judy Chu: “We need to make sure we don’t repeat the mistakes of the Cold War. That means not spreading unfounded suspicions that paint all Chinese people as threats and which put innocent Chinese Americans at risk.” Witnesses and Their Testimonies Sherry Chen , a renowned hydrologist who was falsely accused of espionage in 2014, described the long-lasting effects of her mistaken arrest: “Until now, my life is still in limbo. My reputation is still under a cloud. The ordeal has taken away precious time in my professional career, and I can never recover the years I have lost. This injustice has now entered its tenth year and sadly there is still no end in sight. I keep fighting not only for myself but to do my part to make sure no one should ever be harmed because of their race or country origin.” Her written testimony: https://bit.ly/3S46zmo The Honorable Steven Chu , former Secretary of Energy and current Stanford professor, characterized the impact of racial profiling on Chinese American scientists: “Many of my Chinese-American faculty colleagues feel that they are under increased and unjustified scrutiny by the U.S. government. The Department of Justice’s ‘China Initiative’ and statements by U.S. funding agencies is [ sic ] creating an atmosphere of fear and intimidation.” His written testimony: https://bit.ly/3S4pTA8 Dr. Randy Katz , the Vice Chancellor for Research at the University of California, Berkeley, expressed how this targeting has affected the greater scientific community: “These investigations and related actions – such as the increased interrogation of Chinese-American researchers by Customs and Border Patrol officers at airports – have resulted in a chilling effect on our Chinese-American research community in particular, and America’s international collaborations and our continued ability to attract the world’s best and brightest. My university has seen a precipitous decline in graduate students, postdoctoral scholars, and visiting students from China that began even before the Covid-19 pandemic. This will have ramifications for America’s research enterprise for many years to come.” His written testimony: https://bit.ly/3Y9GoLo Dr. Xiaoxing Xi , a professor of physics at Temple University and naturalized citizen who was falsely arrested for alleged spying in 2015, explained: “People have asked me, ‘How can the Department of Justice avoid wrongly accusing innocent people like they did in your case?’ My answer is that they can’t unless they stop considering Chinese professors, scientists, and students as nontraditional collectors, or spies, for China. For example, in all the criminal cases involving university professors under the China Initiative, the DOJ has shown no evidence, zero, that those charged have stolen intellectual property. Yet, they are being prosecuted for felony crimes.” His written testimony: https://bit.ly/48kZUKe Statements from concerned advocates and experts including Maryland Senator Susan C. Lee , who contextualized the current racial profiling in the broader history of discrimination against Asian-Americans. American Society for Biochemistry and Molecular Biology , which explained how actions taken by the Department of Justice and research grantmaking agencies has a chilling effect on international scientific collaboration. Asian Americans Advancing Justice | AAJC , which submitted a number of recommendations of how to address racial profiling. Asian American Scholar Forum , which noted that Asian American professors chose to stay in the United States because they “believe, in democracy, freedom of speech, rule of law, and the research environment of freedom and exploration without fear.” Asian Pacific American (APA) Justice , which explained that “whether it is with malice or implicit bias or both, the checks and balance system has failed not only individuals but also an entire group of people who are targeted for their race, ethnicity, and national origin.” The Committee of 100, which submitted the research of Andrew Chongseh Kim and white paper on Prosecuting Chinese “Spies:” An Empirical Analysis of the Economic Espionage Act . Defending Rights & Dissent , which raised concerns about the FBI’s rhetoric around the “alleged threat from Chinese Americans in academia.” Patrick Eddington , of Defending Rights & Dissent, who expressed that freedom of association and open scientific exchange are “absolutely essential to advance human progress on a range of issues.” Stefan Maier , who stressed the importance of “academic freedom and a healthy, global scientific collaboration” to addressing “global challenges such as the COVID-19 pandemic and climate change.” Tennessee Chinese American Alliance, called for attention to the recent trial of Dr. Anming Hu (United States v. Hu; Case No. 3:20-CR-00021) at Knoxville, Tennessee. Testimonies from the trial have alarmingly revealed the FBI’s violation of Dr. Hu’s civil rights and misconduct during the investigation. [download and link to PDF at https://bit.ly/48Gia0G .] The Human and Scientific Costs of Racial Profiling Must be Heard On February 1, 2021, concerns about racial profiling culminated in a request by an alliance of prominent scientific and civil rights leaders and organizations nationwide for a congressional hearing spearheaded by Susan Lee, Maryland state senator, and Terry Lierman, Co-Chair of the University of Maryland. For a good part of 2021, scholars, think tanks, media, professional and community organizations began to collect data, conducted surveys, analyzed case studies, and reported on their findings, most of them do not support the government’s rhetoric on the China Initiative and instead point to its damaging impact on individuals and communities, open science, and international exchange. The alliance wrote to Jamie Raskin, Chair of the House Subcommittee on Civil Rights and Civil Liberties and called for an oversight hearing to address the profiling of scientists and scholars of Chinese or Asian descent based on the misguided perception that simply being of Chinese or Asian descent or having ties to China make them prone to espionage. The alliance requested the committee look into the broad sweep of the Federal Bureau of Investigation’s counterintelligence efforts and the National Institute of Health’s related actions against scientists of Chinese or Asian descent which have resulted in the loss of their jobs, reputations and devastation of their lives and families, even though they were later proven innocent. Maryland State Senate Majority Whip Susan Lee, whose district includes NIH, stated, “While we strongly support efforts to safeguard America’s interests and prosecute wrongdoers, it would be a grave injustice to target, stereotype, or place under suspicion an entire ethnic group. Many of these patriotic scientists have spent a lifetime of work dedicated to advancing medical breakthroughs which have made America one the global leaders in science and technology. They are a part of the solution to the United States’ global challenges, not a threat.” “The overzealous, broad, unchecked, and overreaching activities fueled by a xenophobic and toxic political climate have not only led to mistakes in investigations or prosecutions and civil rights violations, but also have crippled America’s ability to develop medical innovations that can enhance the quality of and save lives, especially during this Covid-19 pandemic. We need the committee to shine light on any discriminatory policies being employed by those agencies to ensure there is fairness, transparency and accountability,” said Terry Lierman. For decades, international scientific collaborations and exchanges between the United States and foreign academic and research institutions have been strongly encouraged and supported by the NIH and other academic entities, but now, they are being criminalized. “Science - like America itself - thrives on freedom, openness, and inclusiveness - there is no room for discrimination against men and women from China or anywhere else based on nationality," former White House science advisor Dr. Neal F. Lane said. "The PRC Government's rising nationalism and use of its economic clout to influence U.S. universities and society are real and growing, but any U.S. Government response that assumes all students, scientists, and scholars of Chinese descent are potential intelligence risks is unfair and unwise profiling that has no place in our democracy," said Dr. Wallace Loh, former President of the University of Maryland, College Park. To date, Congress has held numerous hearings focused only on the espionage threat, but it has not addressed the civil rights violations of Chinese Americans who have been wrongly targeted or the long term consequences and damages to the American research enterprise and minority communities if this pattern of racial profiling continues. “The Department of Justice launched the ‘China Initiative’ to counter perceived ‘national security threats.’ But the past two years have shown an over-emphasis on national security and an underemphasis on bias. I join others in calling for the end of the ‘China Initiative’,” said Professor Margaret Lewis of Seton Hall University Law School. “We are deeply concerned with the racial profiling and unjust prosecutions of Asian Americans and immigrants by the government,” said John C. Yang, Advancing Justice – AAJC’s President and Executive Director. “This latest wave of xenophobia has instilled fear within our communities as many Chinese Americans and immigrants are once again caught in our country’s long history of suspicion and racial discrimination against Asian Americans. We urge Congress to engage in oversight on this issue by holding a public hearing on this issue.” “Xenophobic targeting and persecution of Chinese Americans is causing irreparable damage not only to the impacted persons and their families, but also creates fear, suspicion, and hate towards the Asian American community. It must stop. It is grossly unjust and unfair to target an entire ethnic group from specific countries,” said Dr. Steven Pei and Dr. Jeremy Wu, Co-Leaders of the APA Justice Task Force. Full Package of Call for Congressional Hearing 2021/02/01 Calling for a Congressional Hearing on Racial Profiling of Asian American and Chinese Scientists Cover and Table of Content Press Release Letter to Rep. Jamie Raskin, Chair of the House Subcommittee on Civil Rights and Civil Liberties with Signatories Articles, Letters and Statements from Professional Associations, Organizations and Societies Congressional Staffer Roundtable on Research Integrity On May 5, 2021, a Congressional Staffer Roundtable on Research Integrity was organized by the majority and the minority of the Committees on Science, Space, and Technology; Commerce, Science, and Transportation; and Armed Services (House and Senate). Speakers for the event included: Dr. Sudip Parikh, Chief Executive Officer, American Association for the Advancement of Science Mr. Tobin Smith, Vice President for Science Policy & Global Affairs, Association of American Universities Dr. Maria Zuber, Co-Chair, NASEM National Science, Technology, and Security Roundtable; Vice President for Research, Massachusetts Institute of Technology Mr. Alexander Bustamante, Senior Vice President, Chief Compliance and Audit Officer, University of California System Mr. Frank Wu, President, Queen’s College, City University of New York Frank Wu’s remarks emphasized three “Cs” that should be promoted and one “C” to be avoided: Consistency of rules and enforcement priorities (among agencies and over time) Clarity of policies Communications to promote compliance (including anti-bias aspects) And not Criminalization Bicameral Coalition Letter Urging DOJ Probe into Racial Profiling On July 29, 2021, Rep. Ted Lieu delivered a bicameral coalition letter to Attorney General Merrick Garland calling for an investigation into the Department of Justice's "repeated, wrongful targeting of individuals of Asian descent for alleged espionage." "Over the years, multiple people who happened to be of Asian descent have been falsely accused by the Department of Justice of espionage," including the false accusations of spying alleged against Wen Ho Lee , Sherry Chen , Xiaoxing Xi , Anming Hu , and many others. "The common thread in every one of these cases was a defendant with an Asian surname — and an innocent life that was turned upside down." "No person should be viewed by our government as more suspicious because of the individual’s race. We thus request an update on the mandated implicit bias training and request an investigation to determine whether the Department of Justice has a written or unwritten policy, program, pattern or practice of using race (or other civil rights classifications such as religion, gender and national origin) in targeting people for arrest, surveillance, security clearance denials or other adverse actions. We also specifically request whether, under the 'China Initiative,' there is a written or unwritten policy, program, pattern or practice to target people based on their race, ethnicity or national origin." Jump to: Overview The Human and Scientific Costs of Racial Profiling Must be Heard Congressional Staffer Roundtable on Research Integrity Bicameral Letter Urging DOJ Probe into Racial Profiling Following a public campaign led by Maryland State Senator Susan Lee and a coalition in February 2022, Reps. Jamie Raskin and Judy Chu hosted a Democratic Member Roundtable on “Researching while Chinese American: Ethnic Profiling, Chinese American Scientists and a New American Brain Drain” in June 2022. It was the first congressional hearing where the profiling of Chinese American scientists and the damage to American leadership in science and technology were heard. Previous Next 7. Congressional Roundtable on Racial Profiling

Newsletter - #231 Prevent Relaunch; Memories and Hopes; Combat Disinformation; Year of The Dragon; More #231 Prevent Relaunch; Memories and Hopes; Combat Disinformation; Year of The Dragon; More In This Issue #231 · CAPAC Members Lead Effort to Prevent the Relaunch of China Initiative · January Brings Memories and Hope · Combat Disinformation Targeting Asian Americans · Lunar New Year Celebrations Underway · News and Activities for the Communities CAPAC Members Lead Effort to Prevent the Relaunch of China Initiative According to NBC News and a press statement by the Congressional Asian Pacific American Caucus (CAPAC), more than a dozen Democratic lawmakers led by CAPAC Members Rep. Judy Chu (CA-28), Rep. Grace Meng (NY-06), and Senator Mazie Hirono (HI) wrote a letter to House and Senate leaders leading an effort to stop Republican Members of Congress from reinstating the China Initiative, a Trump-era program created in 2018 that purported to combat espionage but in effect targeted and profiled those of Chinese descent.The Department of Justice ended the program in 2022, after several of the alleged espionage and national security cases ended in acquittal, dismissal or were dropped altogether. But Republicans in Congress are now attempting to restart the program using a provision in a key House spending bill—at the same time that they are reviving racially motivated rhetoric against Chinese Americans. Republicans are attempting to relaunch the China Initiative in the Commerce, Justice, Science and Related Agencies Appropriations Act (H.R. 5893) which funds the Departments of Commerce, Justice and other science-related programs.Others who signed the letter include: Senators Tammy Duckworth (IL), Raphael Warnock (GA) and Peter Welch (VT) and Reps. Jake Auchincloss (MA-04), Suzanne Bonamici (OR-01), Andy Kim (NJ-03), Barbara Lee (CA-12), Katie Porter (CA-47), Linda Sánchez (CA-38), Adam Schiff (CA-30), Brad Sherman (CA-32) and Jill Tokuda (HI-02).Read the NBC News report: https://nbcnews.to/3S9zPXJ . Read the CAPAC press statement: https://bit.ly/3UcOLHh January 19, 2024, marked the one-year anniversary when all charges against Baimadajie Angwang 昂旺 , a New York City Police Department (NYPD) officer accused of spying on behalf of China, were formally dropped. His arrest in September 2020 was one of the sensationalized cases under the now-defunct China Initiative. U.S. prosecutors said they uncovered "new information" that warranted the dismissal but did not provide further explanation. For the past year, NYPD did not reinstate Officer Angwang, but has instead started proceedings to terminate his employment. Read Officer Angwang's case at https://bit.ly/3RIqXId January Brings Memories and Hope According to a Ding Ding TV report by Helen Zia 谢汉兰, she has been tracking hate incidents for 41 years. Among the prominent January incidents are: · January 6, 2020: 89-year-old Yik Oi Huang died after injuries from a severe beating as she walked in a neighborhood park near her San Francisco Visitacion Valley home; · January 11, 2023: a public bus rider in Bloomington, Indiana vowed to rid the country of Chinese while repeatedly stabbing a 17-year-old student; · January 15, 2022: 40-year-old Michelle Alyssa Go was fatally pushed in front of an oncoming subway train in New York’s Times Square; · January 17, 1989: a white nationalist with a semiautomatic rifle killed five children at a Stockton California elementary school yard and injured about 30 others; · January 21, 2023: an elderly Asian man with a semi-automatic pistol killed 11 people and injured 9 as they celebrated the Lunar New Year at a ballroom in Monterey Park, California; · January 23, 2023: in Half Moon Bay, California, a 66-year-old male farmworker killed five fellow Chinese and two Latino coworkers; · January 28, 2021: Vicha Ratanapakdee , an 84-year-old Thai American grandfather, died after being violently shoved as he went for a walk near his San Francisco home. Turning tragic events into action and change has been a continuing legacy in Asian American communities. Asian American activism in the wake of violence has been critical because many other families and communities have also encountered systemic refusal to acknowledge anti-Asian racism. Memorials this month in Monterey Park and Half Moon Bay also stand as recognitions of cross-sector, pan-Asian and multi-racial efforts to advance the community healing process through solidarity. On January 28, Monthanus Ratanapakdee has planned a remembrance of her father, Vicha, to be joined by Justin Go , Michelle’s father. The national “Remember Vicha” organizing efforts have succeeded in getting streets named “Vicha Ratanapakdee Way” in Los Angeles and San Francisco. The park where Yik Oi Huang was fatally attacked has also been renamed in her honor through the efforts of her granddaughter Sasanna Yee , who has worked with Asian and Black communities to keep the attack from inflaming racial tension.While January brings remembrances of lives lost to violence, the efforts of Asian Americans and others also show how healing can come when people act together in solidarity to build a beloved community of equity and justice, where violence and hate towards any people has no place.Helen Zia is a writer and the founder of the Vincent Chin Institute, Vincentchin.org , which aims to build solidarity against hate and anti-Asian bigotry through education, narrative and advocacy. Read her Ding Ding TV report: https://bit.ly/48IFpaN On January 21, 2024, the Guardian reported that survivors of the Monterey Park mass shooting are still searching for healing from therapy to qigong. The January 21, 2023, attack was the worst mass shooting in Los Angeles County history, hitting the heart of Monterey Park’s large Asian immigrant community. For many Asians, therapy is taboo – but some elders in the community are embracing it. For the past 50 years, Shally Ung hadn’t spent much time thinking about the carnage she had seen growing up in her native Cambodia. But those scenes of bombs raining down on Phnom Penh came roaring back on Lunar New Year last year, when a gunman opened fire at Star Ballroom Dance Studio in Monterey Park and killed 11 people. Ung’s dance partner for nearly two decades, Andy Kao , was shot in the chest and died beside her under a table. Some survivors and longtime Monterey Park residents said they remain deeply proud of their hometown and its reputation as an early haven for immigrants from China and Taiwan. A city with a population of 60,000 that is two-thirds Asian, Monterey Park is known widely as the country’s first suburban Chinatown, and as the place that elected Judy Chu as the first Chinese American woman to US Congress.Read the Guardian report: https://bit.ly/47SuGsN .On January 21, 2024, NBC News reported that on the first anniversary of the Monterey Park and Half Moon Bay mass shootings, President Joe Biden issued a statement remembering the survivors and victims and highlighting efforts to curtail gun violence. Read the NBC News report: https://nbcnews.to/3ubE9h5 Combat Disinformation Targeting Asian Americans According to International Journalists' Network , disinformation runs rampant in immigrant communities in the U.S. It is only increasing, too, due in large part to language barriers, social media and bad actors’ weaponization of entrenched fears. Many outlets, meanwhile, lack fact-checking resources for non-English speakers. Today, Asian Americans are the fastest growing racial group in the U.S. electorate. Almost six in 10 are immigrants, while just over half of recent arrivals say they are proficient in English.Mis- and disinformation within Asian American communities spreads widely on the radio, YouTube and popular apps such as WeChat and WhatsApp. WeChat, which is used by about 60% of the Chinese American community, is particularly vulnerable to misinformation, due to a hyper-partisan, conservative ecosystem that rewards sensationalist content. Nick Nguyen , the co-founder and research lead of Viet Fact Check, and Kyle Van Fleet , a strategic communications associate for APIA Vote and head of APIA Vote’s disinformation monitoring program, provided their insights about disinformation’s impact on Asian American communities and how to combat it in effective, culturally conscious ways, including APIAVote's guide on "Dis- and Misinformation Monitoring." According to its website, APIAVote publishes a bi-weekly disinformation report to provide its network, ethnic media contacts, and other national partners for research and analysis to conduct actions and promote good information.Read the International Journalists' Network report: https://bit.ly/3S8sjwl . Read the APIAVote web page: https://bit.ly/493dS3s .On January 18, 2024, NBC News reported that disinformation poses an unprecedented threat to democracy in the United States in 2024, according to researchers, technologists and political scientists. As the presidential election approaches, experts warn that a convergence of events at home and abroad, on traditional and social media — and amid an environment of rising authoritarianism, deep distrust, and political and social unrest — makes the dangers from propaganda, falsehoods and conspiracy theories more dire than ever. An increasing number of voters have proven susceptible to disinformation from former President Donald Trump and his allies; artificial intelligence technology is ubiquitous; social media companies have slashed efforts to rein in misinformation on their platforms; and attacks on the work and reputation of academics tracking disinformation have chilled research.Read the NBC News report: https://nbcnews.to/3u8v8FO Lunar New Year Celebrations Underway According to the Washington Post on January 22, 2024, Lunar New Year does not actually arrive until February 10, but for Vietnamese Americans in Virginia, there was no time like the present to start celebrating Tet, their most important holiday. More than 20,000 people were expected to attend this weekend’s festival to listen to Vietnamese folk and new music, purchase traditional clothing and New Year’s gifts and eat everything from shrimp and crab soup, pho and banh mi to bubble tea, spring rolls and a Lunar New Year specialty: sticky rice with pork and mung beans wrapped in banana leaves. At the opening ceremony, a dozen men and women stood side by side wearing traditional tunics called ao dai — the men in midnight blue, the women in bright fuchsia. They walked to the stage accompanied by solemn drumming and the slow beat of a gong. There, they paid respects and gave thanks to their ancestors, an integral moment of Lunar New Year festivities.Celebrations of Lunar New Year in the United States take on extra meaning for Asian American communities and their families because it is a way of maintaining traditions and passing them to the next generation, said Xinqian Allison Qiu , a doctoral candidate in American Studies at the University of Maryland. Her research includes a focus on Lunar New Year celebrations.Read the Washington Post report: https://wapo.st/48LJISv Find out about Lunar New Year activities in Albuquerque , Atlanta , Austin , Boise , Boston , Brooklyn , Cape Cod , Chattanooga , Chicago , Columbus , Dallas , Denver , Detroit , Disney California , Elk Grove , Fremont , Honolulu , Houston , Irvine , Kansas City , Las Vegas , Los Angeles , McLean , Miami , Milpitas , Montclair , Monterey Park , New York City , New Orleans , Newark , Oklahoma City , Philadelphia , Pittsburgh , Portland , San Antonio , San Francisco , San Jose , San Diego , Seattle , Spokane , Triangle , Twin Cities , Washington DC , and more. Of course there is always home. News and Activities for the Communities 1. APA Justice Community Calendar Upcoming Events: 2024/02/01 CAMDC Deadline for Essay Contest2024/02/04 Rep. Gene Wu's Town Hall Meeting2024/02/05 APA Justice Monthly Meeting2024/02/10 New Year's Day of the Year of the Dragon2024/03/03 Rep. Gene Wu's Town Hall Meeting2024/04/07 Rep. Gene Wu's Town Hall Meeting2024/04/19 Committee of 100 Annual Conference & GalaVisit https://bit.ly/45KGyga for event details. 2. Chinese American Museum Essay Contest To promote intergenerational communication, Chinese American Museum DC (CAMDC), with the support of the Calvin J. Li Memorial Foundation, will host a new essay contest entitled “Dreams of My Parent(s).” Through this essay contest, CAMDC hopes to foster positive family dialogues and cultivate understanding and appreciation of our shared cultural heritage and immigrant experience. Titled "Dreams of My Parent(s)," current high school students of Chinese descent living in the US are encouraged to showcase the strength, resilience, and determination of their parents, and celebrate their life’s triumphs through the essays. Submission deadline is February 1, 2024. For more information, visit: https://bit.ly/3vKHXXk Back View PDF January 25, 2024 Previous Newsletter Next Newsletter

Newsletter - #351 C100-USCET-APA Justice Webinar Series; "Domicile;" Deportations; SCOTUS Ruling Alarm;+ #351 C100-USCET-APA Justice Webinar Series; "Domicile;" Deportations; SCOTUS Ruling Alarm;+ In This Issue #351 · C100-USCET-APA Justice Joint Webinar Series Announced · Just Security : DOJ’s Arguments Regarding Domicile and Unauthorized Immigrants · Deportations in Georgia and Missouri Echo Another Era in California · Supreme Court Ruling Raises Alarm Over Racial Profiling · News and Activities for the Communities C100-USCET-APA Justice Joint Webinar Series Announced At the APA Justice monthly meeting on September 8, 2025, moderated by Co-organizer Vincent Wang 王文奎 , Cindy Tsai 蔡欣玲 , Executive Vice President and General Counsel of the Committee of 100 (C100), and Rosie Levine 卢晓玫 , Executive Director of the U.S.-China Education Trust (USCET), announced the launch of a new webinar series co-hosted by C100, USCET, and APA Justice . The series, Global Tensions, Local Dimensions: Navigating the United States–China Relationship , will examine how U.S.–China relations directly affect Chinese Americans and the broader AAPI community. Rising geopolitical tensions have fueled racial profiling, policy challenges, and community concerns—underscoring how global dynamics translate into local realities. The series seeks to foster dialogue, deepen understanding, and empower communities by convening voices from policy, academia, advocacy, and civic life. The first of three sessions will take place via Zoom on Thursday, October 16, 2025, at 8 PM ET . It will feature Ambassador Julia Chang Bloch 張之香 , the first U.S. ambassador of Asian descent and USCET’s founder and executive chair, in conversation with Ambassador Gary Locke 骆家辉 , Chair of C100, former U.S. ambassador to China, former U.S. Secretary of Commerce, and former governor of Washington. They will be joined by Professor Jessica Chen Weiss 白潔曦 , David M. Lampton Professor of China Studies at Johns Hopkins School of Advanced International Studies (SAIS). The discussion will highlight the historical role of people-to-people exchanges in shaping the U.S.–China relationship and the risks posed today as educational and cultural ties shrink amid heightened tensions. Importantly, it will also examine the impact on Asian American communities—especially Chinese Americans—who increasingly find themselves caught in the crossfire of U.S.–China relations. Please mark your calendars . Additional details will be shared in the forthcoming summary of the monthly meeting. Just Security : DOJ’s Arguments Regarding Domicile and Unauthorized Immigrants On September 8, 2025, Just Security published " Taking Stock of the Birthright Citizenship Cases, Part III ," the third of a series of articles concerning the ongoing challenges to the legality of President Donald Trump ’s Executive Order No. 14160 (the “Citizenship Order”), which declares that two categories of persons born in the United States to foreign nationals are not birthright citizens.The DOJ contends that a child born in the United States is not "subject to the jurisdiction thereof" unless the child is "domiciled" in the U.S. at the time of birth. This argument seeks to exclude children born to foreign nationals who are not domiciled in the U.S. from automatic citizenship.However, the article critiques this stance, highlighting that the Supreme Court's decision in United States v. Wong Kim Ark (1898) established that birthright citizenship is not contingent upon domicile. Justice Horace Gray 's opinion in Wong Kim Ark 黄金德 emphasized that the Citizenship Clause grants citizenship to all persons born in the U.S., regardless of their parents' domicile, as long as the parents are not foreign diplomats or enemy forces. The DOJ's reliance on domicile is viewed as a misinterpretation of the Court's ruling.The article also addresses the DOJ's assertion that a newborn's "primary allegiance" must be to the U.S. to be considered "subject to the jurisdiction." This concept of "primary allegiance" is criticized for lacking historical or legal support and for being inconsistent with the principles established in Wong Kim Ark.In conclusion, the article argues that the DOJ's arguments regarding domicile and primary allegiance are legally unfounded and do not align with established constitutional interpretations of birthright citizenship.Read the full Just Security article here: https://bit.ly/42cPDPi . Read background and timeline visualization of the Birthright Citizenship issue here: https://www.apajusticetaskforce.org/birthright-citizenship . Deportations in Georgia and Missouri Echo Another Era in California According to multiple outlets including AP News , BBC , CNBC , PBS , TIME , and Washington Post . federal agents conducted the largest single-site immigration raid in U.S. history at Hyundai’s Ellabell, Georgia facility on September 4, 2025, arresting 475 workers—more than 300 of them South Koreans. At least 10 Chinese nationals, three Japanese, and one Indonesian were among the remaining workers who had been restrained in handcuffs and ankle chains at their arrest.The Georgia plant is home to South Korean companies Hyundai and LG Energy Solution, which are building a battery manufacturing plant together. The $7.6 billion Hyundai plant employs more than 1,200 people. The company began building its manufacturing plant in 2022 and started making electric vehicles less than two years later, making the plant one of the largest economic developments in the state.Immigration and Customs Enforcement (ICE) agent Steven Schrank declared all were “illegally present in the United States.”Immigration lawyer Charles Kuck disputed that claim, saying most were engineers and equipment installers on short-term B-1 business visas, “never longer than 75 days,” and that it would take “three to five years to train someone in the U.S.” to perform the same work. Advocates described drones, helicopters, and military vehicles, with one worker recalling: “We felt like we were being followed as animals.”The raid triggered diplomatic fallout. South Korean Foreign Minister Cho Hyun called it “a very serious matter,” and lawmaker Cho Jeongsik warned it could undermine Korean investment. Congressional Asian Pacific American Caucus (CAPAC) and Georgia’s Congressional Delegation jointly condemned the operation as “senseless actions [that] rip apart families, hurt the economy, and undermine the trust of our global partners.” The South Korea government has arranged a charter plane to bring home 316 of its detained nationals on September 10, but President Donald Trump temporarily delayed the repatriation to explore whether they could stay in the United States to educate and train American workers. The raid halted construction of the Hyundai-LG battery plant, raising concerns about U.S. manufacturing competitiveness. Experts argue the U.S. lacks a visa pathway for highly specialized foreign workers needed to install advanced equipment and train American staff. Critics say the crackdown undermines Trump’s economic agenda by discouraging investment and costing future U.S. jobs, while labor advocates highlight Hyundai’s history of labor violations. The plant’s $7.6B future is now uncertain.The Asian American community responded to the Hyundai raid and deportation with outrage, condemnation of the federal tactics, and solidarity with immigrant workers. Advocacy groups like Asian Americans Advancing Justice-Atlanta denounced the raid as "absolutely abusive," pointing to heavily armed agents, threats, and shackling of workers.Activists collaborated across Asian and Latino communities to criticize corporations like Hyundai for exploiting immigrant labor and to organize "Know Your Rights" workshops and support networks for families affected by the incident. The raid has also sparked fear and concern within the community, with some Korean nationals being deported and business owners worrying about the economic impact and potential exodus of residents. Separately, on September 8, KCBD reported that Donna Brown , a 58-year-old Irish legal permanent resident in Missouri, was detained by ICE over a $25 bad check written a decade earlier—an offense she had repaid and served probation for. Married with children and grandchildren, she has lived in the U.S. nearly 50 years. Her husband, veteran Jim Brown , called the detention “egregious,” saying “you don’t arrest 58-year-old grandmothers.”According to Reuters , Stephen Miller , the architect of Trump's immigration crackdown, in May demanded that the leaders of ICE ramp up deportations, setting a goal of 3,000 daily arrests.From global corporations to small family farms, the Georgia and Missouri cases reveal how sweeping deportation tactics and quotas ripple across lives and communities. They highlight not only the economic and diplomatic costs of such enforcement, but also the human toll. Together, they force a reckoning with whether America will uphold its identity as a nation of immigrants—or abandon it in the name of political expediency. According to the LA Times , Trump immigration raids mirror violent 1800s purges that forcibly expelled Chinese immigrants from Northern California using mob tactics.In Smith River, California, the grave of Dock Rigg (born Oo Dock ), a Chinese immigrant who lived from about 1850–1919, quietly memorializes a dark chapter of U.S. history. Dock was one of the few Chinese allowed to remain in Del Norte County after violent 1880s purges that expelled hundreds of Chinese residents across Northern California, part of the era’s Chinese Exclusion laws. Working as a cook and ranch hand, Dock lived largely in isolation but was remembered as kind and humorous. His headstone, placed decades after his death, symbolizes both his perseverance and the respect of his community. Today, cities like Eureka, San Jose, and San Francisco are formally acknowledging and memorializing historic anti-Chinese violence, while groups like Humboldt Asians & Pacific Islanders in Solidarity (HAPI) recover and honor the stories of individuals like Dock. Supreme Court Ruling Raises Alarm Over Racial Profiling According to AsAmNews and the Guardian , a deeply controversial U.S. Supreme Court decision on September 8, 2025, has reignited fears of racial profiling across immigrant communities in Los Angeles and beyond. In a 6–3 ruling, the Court lifted restrictions on federal immigration patrols, allowing agents to resume “roving stops” that may take into account factors such as race, language, occupation, or location. While ethnicity alone cannot be the sole basis for a stop, critics argue the decision effectively opens the door to widespread discrimination. Civil rights groups immediately condemned the ruling. Advocates warned that it undermines constitutional protections and normalizes targeting of individuals based on appearance or perceived background. The ACLU of Southern California called the decision a “devastating step backward,” while local immigrant rights coalitions described it as a green light for harassment. Asian American leaders were quick to highlight that while Latino communities are often the most directly impacted, the threat extends across all immigrant groups. Asian Americans Advancing Justice called the ruling “dangerous,” stressing that it strips away hard-won protections and will subject U.S. citizens and immigrants alike to fear and intimidation. The AAPI Equity Alliance warned of a “terrorizing” effect that could isolate families, harm businesses, and destabilize community life. At its core, the ruling underscores the intimate connection between immigration enforcement and civil rights. As one advocate noted, “This isn’t just about who is undocumented. It’s about who looks or sounds foreign—and that’s all of us.” News and Activities for the Communities 1. APA Justice Community Calendar Upcoming Events: 2025/09/16-17 2025 AANHPI Unity Summit 2025/09/17-18 24th Annual Constitution Day2025/09/23 Committee of 100: Is Deglobalization Inevitable?2025/10/06 APA Justice Monthly Meeting2025/10/16 Bridging Nations: The Power of People-to-People Exchange in U.S.-China Relations2025/10/23 C100 Asian American Career Ceilings Initiative: Asian American Women in the LawVisit https://bit.ly/3XD61qV for event details. 2. In Memoriam: David Baltimore (1938-2025) David Baltimore (March 7, 1938 – September 6, 2025) was an American molecular biologist whose Nobel Prize–winning discovery of reverse transcriptase fundamentally altered our understanding of molecular biology and retroviruses—and laid the groundwork for advances in cancer and HIV research.Baltimore served as a prominent academic leader, including as president of Caltech (1997–2006) and Rockefeller University, and forming the Whitehead Institute, where he served as founding director (1982–1990). He emerged as a persuasive public voice on scientific ethics, recombinant DNA oversight, and policies surrounding AIDS, genome editing, and biotechnology. A celebrated mentor and institutional builder, Baltimore received many of science’s highest honors—he won the U.S. National Medal of Science (1999) and the Lasker Award (2021), among others—and trained generations of scientists whose contributions continue to shape biomedicine.He died of cancer at home in Woods Hole, Massachusetts, on September 6, 2025, at age 87. He is survived by his wife, Alice S. Huang , and their daughter. # # # 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 September 12, 2025 Previous Newsletter Next Newsletter