Newsletter - #190: Florida Lawsuit; Section 702 Webinar; AANHPI Commission; US-China Science Pact; More #190: Florida Lawsuit; Section 702 Webinar; AANHPI Commission; US-China Science Pact; More In This Issue #190 Update on Florida Alien Land Bill Lawsuit - Schedule and Amicus Brief Registration Open: June 26 Webinar on Perils of Warrantless Surveillance Register Now: July 6 President's Advisory Commission on AANHPI Public Meeting New Scrutiny on U.S.-China Landmark Science Deal News for the Communities Update on Florida Alien Land Bill Lawsuit - Schedule and Amicus Brief According to Chinese American Legal Defense Alliance (CALDA), Judge Allen C. Winsor has set the following schedule: 2023/07/03 Florida government submits its objection to the motion for preliminary injunction 2023/07/11 Plaintiffs submits its reply 2023/07/18 U.S. District Court holds hearing The July 18 hearing will be held at 111 N. Adams Street, Tallahassee, starting at 1:30 pm ET. It will be public, but no photography and audio or video recording will be allowed. The Florida state law becomes effective on July 1, 2023. The Court may make a ruling on the injunction by early August. An immediate appeal by either side is anticipated. On June 14, 2023, 19 racial justice centers, affinity bar and professional associations, and civil rights organizations submitted a 25-page amicus curiae ("friend-of-the-court") brief in support of the plaintiffs' motion for preliminary injunction. The lead counsels are: Madeleine K. Rodriguez , Partner, Foley Hoag LLP Robert S. Chang , Ronald A. Peterson Law Clinic; Counsel for Fred T. Korematsu Center for Law and Equality Rose Cuison-Villazor , Rutgers Law School; Counsel for Center for Immigration Law, Policy and Justice Gabriel J. Chin , UC Davis School of Law; Aoki Center for Critical Race and Nation Studies This is a list of the coalition of 19 racial justice centers, affinity bar and professional associations, and civil rights advocacy organizations: Racial Justice Centers: Fred T. Korematsu Center for Law and Equality at Seattle University School of Law Center for Immigration Law, Policy and Justice at Rutgers Law School Aoki Center for Critical Race and Nation Studies at UC Davis School of Law LLS Anti-Racism Center of LMU Loyola Law School Center on Race, Inequality, and the Law at New York University School of Law Boston University Center for Antiracist Research Center for Civil Rights and Racial Justice at the University of Pittsburgh School of Law Affinity Bar/Professional Associations: Asian Pacific American Bar Association of Tampa Bay Conference of Asian Pacific American Law Faculty Hispanic National Bar Association National Asian Pacific American Bar Association South Asian Bar Association of North America Civil Rights and Other Advocacy Organizations: Asian Americans Advancing Justice – Asian Law Caucus Asian Americans Advancing Justice – Atlanta Asian American Women’s Political Initiative Asian Law Alliance Chinese for Affirmative Action Japanese American Citizens League LatinoJustice PRLDEF Read the CALDA announcement: https://bit.ly/3qU2Ah2 (in Chinese). Read the amicus brief: https://bit.ly/42DT9Q8 Asian American Scholar Forum (AASF) Media Release. In response to FBI policy changes. AASF issued a media release urging the US Government to take more steps to put an end to warrantless and discriminatory investigations on June 14, 2023. AASF and other national advocacy groups have vocally agreed that the FBI announcement falls short of the level of vigilance needed to hold intelligence agencies accountable to the many human rights and privacy abuses they have perpetrated against countless numbers of people—including the nation’s top researchers and scholars that contribute greatly to the United States’ leadership in science and technology.While AASF welcomes any efforts from the federal government to create mechanisms for increased transparency and accountability of its agencies, they call on the federal government to take more serious steps to reform Section 702 and FISA, and to address the legal loopholes that allow warrantless surveillance of innocent people. Read the AASF media release: https://bit.ly/3CBhz2b Registration Open: June 26 Webinar on Perils of Warrantless Surveillance The Asian American Scholar Forum (AASF), the American Civil Liberties Union (ACLU), APA Justice, the Brennan Center for Justice, and the Committee of 100 will co-host a webinar on "Perils of Warrantless Surveillance: The Case for Foreign Intelligence Surveillance Act Reform." (note title of the webinar has been updated) WHEN: June 26, 2023, 4:00 pm ET/1:00 pm PT WHAT: The U.S. Constitution protects its people against unreasonable searches and seizures. However, under Section 702 of the Foreign Intelligence Surveillance Act (FISA), the U.S. government engages in mass, warrantless surveillance of phone calls, text messages, emails, and other electronic communications between Americans and foreigners. Information collected under this law without a warrant can be used to prosecute and imprison people, even for crimes that have nothing to do with national security. Asian Americans, especially Chinese Americans and the immigrant and scientific communities, have been targeted for warrantless surveillance that led to wrongful and unjust prosecutions. The current authorization of Section 702 will expire on December 31, 2023. What should the Asian American and immigrant communities know about Section 702? If it is not sunset, what reforms will be needed? What are the next steps for the communities? WHO: Keynote speaker. Rep. Pramila Jayapal , the first South Asian American woman elected to the U.S. House of Representatives; a member of the House Judiciary Committee; Ranking Member of House Subcommittee on Immigration, Integrity, Security and Enforcement Moderator. Lillian Sing 郭丽莲 . Judge (retired), California Superior Court; first Asian American woman judge in Northern California Panelist. Gang Chen 陈刚 . Soderberg Professor of Power Engineering, MIT; Member, National Academy of Sciences; prosecuted under "China Initiative" with case dismissed; "We Are All Gang Chen" Panelist. Elizabeth Goitein. Senior Director, Liberty and National Security Program, Brennan Center for Justice Panelist. Ashley Gorski . Senior Staff Attorney, National Security Project, American Civil Liberties Union Panelist. Brian A. Sun 孙自华 . Partner, Norton Rose Fulbright; Board Member, Committee of 100 REGISTRATION: https://bit.ly/42AbNIF Additional information about the webinar including bios of the speakers and references are posted at the Warrantless Surveillance webpage: https://bit.ly/3O6T43Q Register Now: July 6 President's Advisory Commission on AANHPI Public Meeting The President's Advisory Commission on Asian American, Native Hawaiian and Pacific Islanders (AANHPI) will hold its next meeting, the sixth of a series, on July 6, 2023 in Honolulu, Hawaii. The meeting serves to continue the development of recommendations to promote equity, justice, and opportunity for the AANHPI communities. It is open to the public and will be live streamed. The Commission seeks written comments that may be emailed to AANHPICommission@hhs.gov at any time. Individuals may also submit a request to provide oral public comments.For details, directions, and registration, visit: https://bit.ly/3NqpQMB .Dr . Robert Underwood , a member of the Commission, also urges all of us to feel free to communicate with him directly at anacletus2010@gmail.com . Read his remarks at the APA Justice monthly meeting: https://bit.ly/3qogBU1 . Watch his remarks at: https://www.youtube.com/watch?v=YnIrq1hfl4A (video 11:48 to 25:21) New Scrutiny on U.S.-China Landmark Science Deal According to Reuters on June 18, 2023, for over 40 years, a landmark agreement between the United States and China has yielded cooperation across a range of scientific and technical fields, a powerful sign that the rivals could set aside their disputes and work together.Now with bilateral relations in their worst state in decades, a debate is underway within the U.S. government about whether to let the U.S.-China Science and Technology Agreement (STA) expire on August 27, 2023.The agreement, signed when Beijing and Washington established diplomatic ties in 1979 and renewed about every five years since, has been hailed as a stabilizing force for the countries' relations, with collaboration in areas from atmospheric and agricultural science to basic research in physics and chemistry. It laid the foundation for a boom in academic and commercial exchanges.Inside the U.S. government, including the State Department, which leads the negotiations, there are competing views about whether to renew the pact, let it expire or renegotiate to add safeguards against industrial espionage and require reciprocity in data exchanges. Given the state of U.S.-China ties, trying to renegotiate could derail the agreement.Read the Reuters report: https://reut.rs/42M8Rsz News for the Communities Confirmations of Nusrat Jahan Choudhury and Dale Ho On June 15, 2023, the U.S. Senate voted 50-49 to confirm Nusrat Jahan Choudhury to serve as a United States District Judge for the Eastern District of New York, and voted on June 14, 2023 50-49 to confirm Dale Ho to serve as a United States District Judge for the Southern District of New York. Rep. Judy Chu , Chair of the Congressional Asian Pacific American Caucus (CAPAC), issued the following statement:“I am thrilled that the Senate has voted to confirm Nusrat Jahan Choudhury to the U.S. District Court for the Eastern District of New York and Dale Ho to the U.S. District Court for the Eastern District of New York.“Ms. Choudhury is a champion for racial justice, religious freedom, and privacy rights. While working at the ACLU, she challenged stop-and-frisk policies and the racial profiling and surveillance of Arab, South Asian, Muslim, and Sikh Americans. Ms. Choudhury’s confirmation is also historic, as she is now the first Bangladeshi American and first Muslim American woman to serve on the Federal bench.“Mr. Ho has a storied career as one of our nation’s leading civil rights lawyers and successfully argued at the Supreme Court against the inclusion of a citizenship question on the 2020 Census. He most recently was the director of the ACLU’s Voting Rights Project, where he spearheaded challenges on partisan gerrymandering, restrictive state voting laws, disenfranchisement of underrepresented and marginalized communities, and more. “I offer my heartiest congratulations to Ms. Choudhury and Mr. Ho on their historic confirmations. I commend President Biden for his ongoing commitment to ensuring that our judicial system reflects the diversity of our country, and I thank Majority Leader Schumer for his leadership on these successful confirmations.” Subscribe to The APA Justice Newsletter Complete this simple form at https://bit.ly/2FJunJM to subscribe. Please share it with those who wish to be informed and join the fight. View past newsletters here: https://bit.ly/APAJ_Newsletters . Back View PDF June 19, 2023 Previous Newsletter Next Newsletter

Newsletter - #332 Student Visas and ICE Policy; Know Your Rights; Wen Ho Lee; Higher Ed and Science; + #332 Student Visas and ICE Policy; Know Your Rights; Wen Ho Lee; Higher Ed and Science; + In This Issue #332 • Update on International Student Visas and ICE Policy • 05/08 Know Your Rights Webinar • 05/29 Re-enactment of U.S. v. Wen Ho Lee • Higher Education and Science Developments • News and Activities for the Communities Update on International Student Visas and ICE Policy According to AsAmNews on April 22, 2025, based on a policy brief by the American Immigrant Lawyers Association, more students from India than from any other country have had their student visas revoked. A survey of revocations of 327 student visas and removal from Homeland Security databases found 50% were from India with China being the second highest at 14% followed by South Korea, Nepal and Bangladesh. On April 24, Inside Higher Ed reported over 280 colleges and universities have identified 1,879 international students and recent graduates who have had their legal status changed by the State Department. On April 25, after more than 100 lawsuits, the Trump administration announced that it would restore all terminated SEVIS statuses. On April 29, 2025, Politico reported how the Trump administration's "Student Criminal Alien Initiative” was rushed by using incomplete criminal database matches to wrongfully terminate thousands of foreign students’ legal status, leading to thousands of visa revocations and school bans without due process. On April 28, the Department of Justice submitted an Immigration and Customs Enforcement (ICE) internal memoradum dated April 26 on "Policy Regarding Termination of Records" in the case of Patel v. Lyons (1:25-cv-01096). According to the memo, two new grounds for SEVP-initiated terminations were added: “Evidence of a Failure to Comply with the Terms of Nonimmigrant Status Exists” and “U.S. Department of State Visa Revocation (Effective Immediately).” This policy allowed ICE to terminate student records based on visa revocations. At this time, the policy outlined in the April 26 notice has not been formally implemented, and the Department of Homeland Security is reportedly developing a new formal policy for SEVIS record terminations. 05/08 Know Your Rights Webinar WHAT: AASF Know Your Rights: Criminal Law, Research Security & Higher Education WHEN: May 8, 2025, 11:00 am - 12:30 pm ET WHERE: Webinar HOST: Asian American Scholar Forum (AASF) Speaker: Robert Fisher, Partner, Nixon Peabody LLP DESCRIPTION: An urgent Know Your Rights webinar focused on the intersection of criminal law, research security, and higher education—specifically addressing the mounting concerns facing Asian American professors and scientists who are facing increasing scrutiny and investigations, raising concerns about the return of the China Initiative and the environment of fear it cultivated. Moreover, international students, postgrads, and researchers are also facing increasing scrutiny with efforts to halt all Chinese student visas, preventing graduate students from conducting research, and targeting their participation in STEM fields. REGISTRATION: https://bit.ly/4d5xMOl 05/29 Re-enactment of U.S. v. Wen Ho Lee WHAT: U.S. v. Wen Ho Lee - 25 Years Later WHEN: May 29, 2025, 4:30 - 6:00 pm CT WHERE: In Person Re-enactment. U.S. District Courthouse, 219 South Dearborn Street, 25th Floor, Chicago, IL, 60604 HOSTS: Asian American Bar Association; Federal Bar Association Chicago Chapter; U.S. District Court for the Northern District of Illinois Moderators: • Stephen Chahn Lee, Solo Practitioner, AABA First Vice President, Former Federal Prosecutor • Vikas K. Didwania, Assistant U.S. Attorney, former Senior Policy Advisor for Criminal Justice at the White House DESCRIPTION: Twenty-five years ago, Wen Ho Lee, a Taiwanese-American scientist, became the focus of one of the most high-profile espionage investigations in American history. Suspected of sharing critical nuclear secrets with China, Dr. Lee faced public condemnation, criminal charges, and solitary confinement. However, as the case unraveled, it revealed profound flaws in the investigation, culminating in a rare judicial apology and a public acknowledgment by President Bill Clinton that "the whole thing was quite troubling". This pivotal moment in Asian-American legal history continues to offer important lessons for today’s legal, civil rights, and national security landscapes. This program will feature an in-depth exploration of United States v. Wen Ho Lee, with a critical look at the government’s investigation, the defense strategies that led to Dr. Lee’s eventual release, and the broader implications for justice and due process. Featuring Chicago practitioners and judges, this event will also include re-enactments of key moments from the case, including an interrogation that even senior government officials later admitted had gone too far. This event is open to the public and will be followed by a reception. 1.5 hours of CLE will be offered (pending approval). FOR MORE INFORMATION AND REGISTRATION: https://bit.ly/3GJ3MvR Higher Education and Science Developments 1. Higher Ed Leaders Stand Up for Democracy and Academic Freedom At a pivotal time for higher education and American democracy, two powerful public statements have been issued by leading voices in academia—calling for renewed commitments to open dialogue, civic engagement, and democratic principles. These open letters have been endorsed by hundreds of current and former college and university presidents and chancellors. APA Justice encourages Asian American organizations, academic networks, and community leaders to review, consider signing, and help spread awareness of these timely initiatives. The first, A Call for Constructive Engagement, was released by the American Association of Colleges and Universities (AAC&U). As of May 5, over 610 current leaders from across higher education have signed on. The statement champions civil discourse and a shared responsibility for addressing challenges through inclusive, democratic means. Current higher ed leaders are urged to read and add your name as appropriate to the statement here: https://bit.ly/44VdrcC. The second, A Pledge to Our Democracy, organized by PEN America, has been co-signed by 124 former presidents and chancellors representing a broad range of institutions—including research universities, HBCUs, regional colleges, and community colleges. This statement affirms a collective responsibility to uphold democratic values and the freedom to teach, learn, and speak without fear. To learn more or to join the pledge, contact Malka Margolies at mmargolies@pen.org or 718-530-3582. These statements reflect a growing call to action. By adding our voices, we not only defend the values that sustain higher education and civil society—we also show that the Asian American community is ready to lead in shaping a more principled and inclusive future. 2. AAAS CEO Sudip Parikh Warns Against Catastrophic FY2026 Budget On April 30, 2025, American Association for the Advancement of Science (AAAS) CEO Dr. Sudip Parikh testified before the U.S. Senate Appropriations Committee, chaired by Senator Susan Collins, about the urgent moment facing biomedical research, and science funding more broadly, in the United States. The fiscal year (FY) 2026 Presidential budget request proposes major cuts to Research and Development, including a 40% cut to the National Institutes of Health (NIH), 57% to NSF, and 24% to NASA, among others. Dr. Parikh warned that steep federal cuts to biomedical and science research funding could cause the U.S. to lose its global leadership in innovation for generations. He stressed that the scientific ecosystem, built over 80 years, depends on federal support and is now facing paralysis and potential long-term decline. He urged Congress to obligate existing FY2025 funds and secure FY2026 appropriations, saying the U.S. is at a historic crossroads that demands immediate action to protect future scientific leadership. Watch his testimony: https://www.youtube.com/watch?v=IT1TpNppK5M (6:40) 3. Foreign Policy: America's Coming Brain Drain In his Foreign Affairs essay “America’s Coming Brain Drain,” on May 6, 2024, MIT President Emeritus L. Rafael Reif warns that the United States is at risk of losing its longstanding global leadership in science and technology. This dominance was built over decades through sustained investment in research and development, academic freedom, and an openness to international talent. However, Reif argues that these pillars are being eroded by a mix of federal funding cuts, political interference in universities, and immigration policies that deter the very scientists who once fueled American innovation. A particularly damaging example Reif highlights is the legacy of the now-defunct China Initiative, a U.S. government program aimed at countering espionage that ended up disproportionately targeting scientists of Chinese descent. Though the program has officially ended, its chilling effects remain: international researchers are more hesitant to collaborate with U.S. institutions, and many have chosen to leave or avoid coming to the country altogether. Reif emphasizes that fear and suspicion cannot be the basis of national policy if the goal is to remain competitive in a globally interconnected research ecosystem. "Nationwide, international students earn 64 percent of doctorates in computer and information sciences, 57 percent of those in engineering, and 54 percent of those in mathematics and statistics. The United States clearly could do a better job of developing homegrown talent for these fields, but it is important to recognize how much the country gains by attracting brilliant people from around the world. The overwhelming majority of international doctoral students educated in the United States intend to stay on in the United States after earning their degrees," Reif wrote. Reif also expresses concern about increasing political pressures on higher education, particularly state-level attempts to reshape curricula or defund research based on ideological grounds. Coupled with the looming threat of steep federal funding cuts for agencies like the NIH and NSF, the U.S. risks dismantling the infrastructure that has long powered its innovation economy. To prevent a lasting brain drain, Reif calls for renewed investments in basic research, a welcoming posture toward global talent, and a reaffirmation of the values—openness, excellence, and integrity—that made the U.S. a world leader in science. Read the Foreign Policy article: https://fam.ag/42JccvM 4. Inside Higher Ed: Tracking NIH and NSF Funding Cuts According to Inside Higher Ed on May 6, 2025, the Trump administration has canceled close to $3 billion in National Institues of Health (NIH) and National Science Foundation (NSF) research grants, often without much explanation. Researchers are now crowdsourcing databases of suspended grants to shed light on what is being lost. While politically sensitive topics like DEI and misinformation were cited as reasons, funding cuts have also hit areas like cancer and maternal health. Epidemiologist Scott Delaney and colleagues created Grant Watch to track NIH and NSF terminations, exposing their arbitrary and opaque nature. Their database has already recorded $2.78 billion in cuts, prompting concern over the chilling effect on U.S. research. One striking example is Eric Wustrow, a University of Colorado professor whose NSF-funded project on online censorship was terminated despite not fitting any flagged category. His experience reflects broader inconsistencies that make it hard for researchers to understand which topics may now be “secretly banned.” Delaney emphasized the value of their crowdsourced data for advocacy and potential legal action, given the lack of transparency and shifting justifications for cuts. In parallel, Abby Andre launched the Impact Project to document the broader erosion of federal support—across education, housing, and science—using crowdsourced data and media reports. Her interactive Impact Map visualizes state-by-state cuts and institutional damage. Both Grant Watch and the Impact Project aim not only to support current resistance but to preserve a public record for future accountability and reconstruction efforts. 5. 05/08 Webinar: Trump and Higher Ed: Understanding the Latest WHAT: Trump and Higher Ed: Understanding the Latest (Part 3) WHEN: May 8, 2025, 1:00 pm - 2:00 pm ET WHERE: Webinar HOST: Chronicle of Higher Education Speakers: • Rick Seltzer, Senior Writer • Sarah Brown, Senior Editor DESCRIPTION: During his first few months in office, President Trump has tried to reshape higher education with a barrage of executive orders and actions aimed at transforming key parts of the academic enterprise. The frenzy of dramatic pronouncements, sudden reversals, and legal wrangling has created tremendous uncertainty for colleges. This is the third of a series of virtual events to examine challenges that are top of mind for colleges, their employees, and their students. REFERENCES: • 2025/04/03 Part 1: https://bit.ly/3GFu7e4 (1:03:01) • 2025/04/24 Part 2: https://bit.ly/43l00Bq (1:03:34) REGISTRATION: https://bit.ly/4341dvU 6. 06/03 NASEM: Second Annual State of the Science Address WHAT: The Second Annual State of the Science Address WHEN: June 3, 2025, 3:00 - 5:00 pm ET WHERE: National Academy of Sciences Building, 2101 Constitution Ave NW, Washington DC 20418 HOST: The National Academies of Sciences Speaker: Marcia McNutt, President, National Academy of Sciences DESCRIPTION: McNutt will explore progress and opportunities in specific areas that are critical to protect and strengthen U.S. science — including modernizing university-industry research partnerships, reducing red tape so that researchers can focus their time and resources more efficiently, building a stronger U.S. STEM workforce, and cultivating more public trust in science. The address will be presented with data and evidence on the quality and vitality of the research enterprise, trends in education and employment, and strategic and funding priorities. After the address, Kelvin Droegemeier, former science adviser to President Trump and director of the White House Office of Science and Technology Policy from 2019 to 2021, will moderate a discussion with other research leaders. A reception will follow. REFERENCE: 2024 State of the Science Address FOR MORE INFORMATION: https://bit.ly/3Z3SyYU News and Activities for the Communities 1. APA Justice Community Calendar Upcoming Events: 2025/05/08 AASF Know Your Rights: Criminal Law, Research Security & Higher Education 2025/05/12-14 APAICS Annual Summit and Gala 2025/05/18 Rep. Gene Wu's Town Hall Meeting 2025/05/22 Serica 2025 Trailblazers Conference & Gala 2025/05/29 U.S. v. Wen Ho Lee - 25 Years Later 2025/06/01 Rep. Gene Wu's Town Hall Meeting 2025/06/02 APA Justice Monthly Meeting 2025/06/03 The Second Annual State of the Science Address 2025/06/15 Rep. Gene Wu's Town Hall Meeting 2025/06/15-18 2025 Applied Statistics Symposium Visit https://bit.ly/3XD61qV for event details. 2. Summary of April 2025 APA Justuce Monthly Meeting Posted Summary of the April 2025 APA Justice monthly meeting has been posted at https://bit.ly/44opZcn. We thank the following speakers for sharing their insightful remarks and updates: • Mark Takano, First Vice Chair, Congressional Asian Pacific American Caucus (CAPAC), Member, U.S. House of Representatives • Erwin Chemerinsky, Dean, Jesse H. Choper Distinguished Professor of Law, University of California, Berkeley, Law School • Judith Teruya, Executive Director, Congressional Asian Pacific American Caucus (CAPAC), Judith.Teruya@mail.house.gov • Joanna YangQing Derman, Director, Anti-Profiling, Civil Rights & National Security Program, Advancing Justice | AAJC • Gisela Perez Kusakawa, Executive Director, Asian American Scholar Forum (AASF) • Cindy Tsai, Interim President, Committee of 100 • Ed Guo, President, Asian American Academy of Science and Engineering (AAASE) 3. 05/22 Serica 2025 Trailblazers Conference & Gala WHAT: Serica 2025 Trailblazers Conference & Gala WHEN: May 22, 2025 • Conference: 8:30 am - 1:30 pm ET • Gala: 5:30 pm - 9:30 pm ET WHERE: • Conference: 100 Washington St, New York City, 10016 • Gala: 583 Park Ave, New York City, 10065 HOST: The Serica Initiative DESCRIPTION: This annual gathering celebrates AAPI women who are driving change across generations — in the arts, business, tech, education, philanthropy, and beyond. It will be a day of dynamic panels, powerful stories, and connection with some of the most inspiring leaders in our community. FOR MORE INFORMATION: https://bit.ly/3SuDJuJ # # # APA Justice Task Force is a non-partisan platform to build a sustainable ecosystem that addresses racial profiling concerns and to facilitate, inform, and advocate on selected issues related to justice and fairness for the Asian Pacific American community. For more information, please refer to the new APA Justice website under development at www.apajusticetaskforce.org. We value your feedback. Please send your comments to contact@apajustice.org. Back View PDF May 8, 2025 Previous Newsletter Next Newsletter

United Chinese Americans (UCA) Raises Concerns For Chinese American Scientists as Collateral Damage in the Crossfire Between the United States and China Due to Deteriorating Relations April 25, 2019 On April 25, 2019, the United Chinese Americans (UCA) , a nationwide nonprofit and nonpartisan federation and a community civic movement, released a statement to raise concerns for Chinese American scientists as collateral damage in the crossfire between the United States and China due to deteriorating relations, including five appeals to address the current situartion. It was in response to the first wave of an aniticpated crack down targeting primarily Chinese American scientists at MD Anderson Cancer Center in Houston. See links and reports about the MD Anderson story here. Link to full statement in English We call on the U.S. higher education and scientific communities to continue to uphold and strengthen scientific collaborations around the world so they may continue to benefit all mankind. We salute the University of California at Berkeley, Stanford University, the University of Michigan and the University of California at Davis for their efforts to uphold these principles and ideals as well as for their civil rights concerns for their faculty members and students, and call on more institutions to follow their example. We call on Chinese American scientists to continue to carry on the indispensable role they have played in maintaining America’s lead position in scientific research and global competitiveness. To this end, we fully endorse the strengthening of compliance efforts and ethical standards guiding scientific research and collaboration. We call on Chinese American scientists—indeed all scientists—to adhere strictly to all applicable laws, regulations and practices, and to cooperate in reporting any breaches to appropriate authorities. We call on Chinese American scientists – indeed, all Chinese Americans – to continue to strengthen U.S.-China people-to-people relations through scientific exchanges and educational efforts rather than retreating. An adversarial U.S.-China relationship is harmful to Chinese Americans, to the United States and China, and to the future of the world. Chinese Americans have a unique role to play as communicators, bridge builders and messengers of peace between the two peoples. We call on the Chinese government to earnestly protect U.S. intellectual property rights, as American scientists participate in its talent programs and other exchanges, and vigorously strengthen the standardization and transparency of those programs. The Chinese government should also improve its supervision and management of such programs, including sub-national ones, toughen two-way compliance requirements and enhance training to reduce or eliminate doubts and concerns other countries may have about such programs. Finally, we call on U.S. law enforcement agencies to strengthen internal training and safeguards to reduce implicit bias and discrimination, to enhance communication with Chinese American communities and to ensure that the freedom and civil rights of all Chinese Americans are rigorously protected. United Chinese Americans (UCA) Raises Concerns For Chinese American Scientists as Collateral Damage in the Crossfire Between the United States and China Due to Deteriorating Relations Previous Next UCA Raises Concerns For Chinese American Scientists

Newsletter - #352 Register for 10/16 Webinar; AAJC, APIAVote, and OCA Updates; CALDA New Lawsuit v SB17+ #352 Register for 10/16 Webinar; AAJC, APIAVote, and OCA Updates; CALDA New Lawsuit v SB17+ In This Issue #352 · Register to Attend Inaugural Webinar on October 16, 2025 · Update from Asian Americans Advancing Justice | AAJC · Update from APIAVote · Update from OCA - Asian Pacific American Advocates · CALDA Appeals and Files New Lawsuit Against Texas Alien Land Law · News and Activities for the Communities Register to Attend Inaugural Webinar on October 16, 2025 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 joint webinar series, titled " Global Tensions, Local Dimensions - Navigating the U.S.-China Relationship, " at the APA Justice monthly meeting on September 8, 2025.The inaugural webinar will take place on Thursday, October 16, 2025, at 8:00 PM ET on Zoom , featuring Ambassadors Julia Chang Bloch 張之香 and Gary Locke 骆家辉 , in conversation with Jessica Chen Weiss 白潔曦, David M. Lampton Professor of China Studies at Johns Hopkins SAIS.Register to attend the webinar titled " Bridging Nations: People-to-people Exchange in U.S.-China Relations ," by scanning the QR code above or clicking this link: https://bit.ly/20251016Webinar About the Series and Webinar From the ping-pong diplomacy that preceded formal diplomatic ties in the 1970’s to the robust educational exchanges that flourished in the reform era in the 1990’s, people-to-people connections have provided continuity during periods of political tension in the U.S.-China relationship. Yet in today's environment of strategic competition, people-to-people engagements, such as academic partnerships, student exchanges, business networks, and diaspora community ties, are increasingly restricted in the name of national security. Asian American and Pacific Islander (AAPI) communities, whose families and networks often span both countries, increasingly find themselves in the crosshairs.This webinar will focus on the past, present, and future of people-to-people ties between the United States and China, as well as the implications for AAPI communities and U.S. policy. At a time of strained U.S.-China ties, and a concurrent rise in incidents of profiling and violence directed toward the AAPI community in the United States, this discussion will explore how U.S. foreign policy intersects with domestic policy and rights. About the Co-Hosts · C100 is a nonpartisan leadership organization of prominent Chinese Americans in business, government, academia, science, and the arts. Founded in 1990 by I.M. Pei 貝聿銘 and other distinguished leaders, C100 works to advance the full participation of Chinese Americans in U.S. society and to foster constructive dialogue between the United States and Greater China. As Cindy noted, global interactions have direct consequences for AAPI communities at home. · USCET , founded in 1998 by Ambassador Julia Chang Bloch, is a Washington, D.C.–based nonprofit dedicated to promoting mutual understanding between the United States and China through education and exchange. USCET strengthens American Studies in China, supports professional development for educators, and creates dialogue among students, scholars, and policymakers. Rosie noted that USCET’s first-ever public statement was issued to express concern over proposed restrictions on international student visas. · APA Justice , advocate of over 10 years for fairness, equity, and justice for Asian Americans and beyond, is also a co-host of this series. Update from Asian Americans Advancing Justice | AAJC During the APA Justice monthly meeting on September 8, 2025, Joanna YangQing Derman , Director, Anti-Profiling, Civil Rights & National Security Program, Advancing Justice | AAJC, reported on the Commerce, Justice, and Science Appropriations Bill, highlighting harmful House language directing the Department of Justice to reinstate the China Initiative. AAJC is responding comprehensively. · Civil Society Letter : An updated letter with more than 80 organizational sign-ons has been sent to Congress. · Bicameral Letter : Representative Judy Chu and Senator Mazie Hirono led a bicameral letter urging opposition to reinstatement, also with the same broad organizational endorsements. In addition, AAJC and coalition partners AASF, Stop AAPI Hate, and CAA are launching a call campaign. Supporters are encouraged to mobilize their bases to phone back and mail all Democratic senators. The goal is to prevent the harmful China Initiative language from appearing in the Senate bill, ensuring it remains only in the House version. Continued calls and emails will be critical throughout this month until the Senate vote. AAJC is closely coordinating with allies on the Hill and provide updates on timing. On September 11, 2025, AsAmNews reported that a proposal to revive the defunct China Initiative—a Trump-era program aimed at curbing Chinese economic espionage but widely criticized for unfairly targeting Chinese scientists—is advancing through Congress. On September 11, the House Appropriations Committee voted 34–28 to include the measure in a larger appropriations bill.Asian American leaders warn reinstating the Initiative would repeat past harms. The Congressional Asian Pacific American Caucus (CAPAC) condemned it for fueling racial profiling and dual-loyalty tropes. Civil rights groups point to high-profile failed prosecutions of Chinese scientists such as Gang Chen 陈刚 (MIT), Anming Hu 胡安明 (University of Tennessee), and Franklin Tao 陶丰 (University of Kansas), noting the chilling effect beyond the scientific community. “People don’t know, just by looking at you, whether you’re from China or not,” said Cindy Tsai , general counsel and Executive VP of the Committee of 100. “This really goes back to the safety issue and the sense of belonging for those who have been part of this country.”More than 80 Asian American organizations including APA Justice issued a joint letter opposing the bill. Gisela Perez Kusakawa , Executive Director of the Asian American Scholar Forum, warned it would undermine U.S. competitiveness by driving away scientific talent. Joanna Derman of Asian Americans Advancing Justice (AAJC) urged the public to educate themselves and press Congress to strip the measure: “We’ve seen how that can result in unfair and harmful discrimination against Asian American and Asian immigrant scientists, researchers, and academics. So by putting [it] in the appropriation bill, pretty much anybody who votes for the appropriation bill can deny that they supported the China Initiative, because it’s part of a larger bill.” Update from APIAVote APIAVote is a 501(c)(3) nonprofit organization dedicated to advancing civic engagement in the Asian American and Pacific Islander (AAPI) community. In today’s hyper-partisan climate, some ask whether a C3 message can still resonate. Bob Sakaniwa , Director of Policy and Advocacy at APIAVote, answered yes during the APA Justice monthly meeting on September 8, 2025. Now more than ever, trusted messengers are essential. Communities look to organizations like APIAVote not to tilt the political scales, but to highlight how policies directly shape AAPI lives. Bob emphasized that while 501(c)(4) activity and more overtly partisan efforts have their place, C3 organizations occupy a unique and vital role. They can elevate the dialogue, build trust across divides, and push conversations toward inclusion and solutions.Reflecting on 2024, the picture for AAPI civic participation was mixed. In 2020, turnout reached historic highs. But in 2024, participation slipped—driven by uncertainty, disillusionment with both parties, and the draining effects of misinformation. Still, there were bright spots: AAPI voters led the nation in new registrations, with more first-time registrants than any other group. With 15 million eligible AAPI voters, there remains enormous untapped potential. And after nearly a year of political upheaval, more people are connecting the dots between policies and daily life—recognizing why civic engagement matters. APIAVote sees opportunities for a rebound this year and an even bigger surge heading into the 2026 midterms.At the same time, threats to voting rights are real and growing. Chief among them is the push—through legislation and executive orders—for documentary proof of citizenship to vote. This bureaucratic barrier amounts to voter suppression, fueled by the false narrative of widespread non-citizen voting. The facts say otherwise. Yet the Safeguard American Voter Eligibility (SAVE) Act, which would impose such requirements, has already passed the House. Fortunately, the Senate has shown little interest so far.Meanwhile, the Trump administration issued an executive order with the same aim. It is currently tied up in the courts, and APIAVote—along with OCA and represented by AAJC—is a plaintiff challenging it. Another front is the push to roll back birthright citizenship. Both efforts strike at the heart of who belongs in our democracy and carry profound implications for AAPI families.Looking ahead, APIAVote is closely monitoring state-level contests. In New Jersey and Virginia, upcoming races may serve as early indicators of public sentiment toward the administration. And in California, voters will decide this November on a major redistricting proposition, a response to Texas’ mid-decade redistricting carried out under presidential direction. While redistricting is often framed in partisan terms, APIAVote sees it fundamentally as an issue of representation: voters should choose their leaders, not the other way around.Bob closed with a reminder that September 16 is National Voter Registration Day. APIAVote and its partners will be working nationwide to send a clear message: the first step in making your voice heard is registering to vote. With millions of AAPI voices still untapped, this is our moment to ensure our communities are not only present at the polls, but powerful in shaping America’s future. Update from OCA - Asian Pacific American Advocates Founded in 1973, OCA – Asian Pacific American Advocates is a 501(c)(3) national member-driven nonprofit based in Washington, D.C. with 35+ chapters and affiliates across the U.S. At the APA Justice monthly meeting on September 8, 2025, Thu Nguyen , Executive Director, recapped OCA’s 2025 convention in Seattle, spotlighting the State of the U.S. Constitution plenary, which featured Karen Narasaki (longtime civil rights advocate and former U.S. Commission on Civil Rights commissioner), Karthik Ramakrishnan (academic and founder of AAPI Data), and William Xu , a former OCA intern who later served as a public defender and now works as a judge advocate. Together, they explored impact litigation, public narrative change, and pathways for community involvement. The convention also engaged audiences through workshops like Helen Zia ’s session on AAPI crisis communications, addressing censorship, the politicization of terms such as diversity, equity, and inclusion, and the challenge of intergenerational dialogue around politically charged language—like “tariffs,” which have real consequences for families and businesses. A screening of John Osaki ’s film Making Waves , on preserving ethnic studies and critical race theory, was another highlight. Thu encouraged chapters to bring the film to local communities. Thu reported that OCA is co-plaintiff in three ongoing lawsuits: one on birthright citizenship, one challenging cuts to the Department of Education, and one with APIAVote on voting rights. All cases are pending before the courts. Thu also described OCA’s Leadership Summit program, historically held in D.C. for select members to receive advocacy and public speaking training and participate in Hill visits. This year, OCA expanded the model into two-day regional leadership summits—open to all ages—combining training with visits to state capitols or local congressional offices. Recent summits were held in Boston and Las Vegas, with upcoming events in Phoenix (November), New York City, and Houston in 2026. OCA covers program costs, while local chapters help with logistics and outreach. Finally, OCA is partnering with National Council of Asian Pacific Americans (NCAPA) members to educate communities on healthcare budget cuts, particularly the impact on Medicare and Medicaid. Many community members are unaware of their coverage links (e.g., CHIP and Medicaid), so OCA is working to clarify these changes and provide next steps for affected families. CALDA Appeals and Files New Lawsuit Against Texas Alien Land Law 1. Wang v. Paxton (4:25-cv-03103) According to a post by the Chinese American Legal Defense Alliance (华美维权同盟), CALDA led a lawsuit against the Texas government seeking to overturn Texas SB 17, an anti-Chinese land law. A federal judge dismissed the case on procedural grounds in August. The judge held that the two plaintiffs represented by CALDA had resided in Texas for many years and thus could not be considered “domiciled in China.” Since SB 17 does not restrict them, their rights were not harmed, and therefore they lacked standing to sue.CALDA believes the judge’s ruling was wrong. The decision’s interpretation of “domicile” for individuals on non-immigrant visas conflicts with existing law and creates further ambiguity. Because violating SB 17 carries felony consequences, such vagueness may lead to overly strict enforcement, causing broader harm to Chinese communities.Some Texas banks and mortgage companies have already adopted internal policies refusing home loans to any Chinese nationals without green cards—going beyond the law itself. For many Chinese residents, the law’s terms are hard to interpret, and in the current political climate, such gray areas invite abuse, fear, and discrimination. Even those on non-immigrant visas who stay in Texas only temporarily still fall under SB 17 and face housing discrimination.At its core, SB 17 is not about national security but about treating all Chinese people as potential threats. By relying on procedural grounds, the judge avoided the real constitutional question: does SB 17 violate equal protection by stripping a group of the right to buy or rent property based solely on nationality or country of origin? This is the heart of the case and the reason CALDA filed the lawsuit.Following the August ruling, CALDA immediately filed an appeal. Both sides are now submitting briefs, and the appeals court has scheduled a hearing for November 4, with a ruling expected thereafter. 2. Huang v. Paxton (1:25-cv-01509) On September 16, 2025, CALDA filed a second lawsuit in federal court in Austin. This new case includes three plaintiffs: two Chinese citizens holding B1/B2 visas who are only in the U.S. for short-term visits but purchased investment properties in Texas, and one Chinese student who has been in the U.S. for just a year, currently renting in Texas while attending college. Because none of these plaintiffs have long-term continuous U.S. residence, the judge will find it harder to dismiss the case for lack of standing.CALDA will soon request a court hearing to seek a preliminary injunction to block SB 17. CALDA vows not to stop until this discriminatory law is struck down. Against the backdrop of U.S.–China tensions, Chinese Americans face unprecedented uncertainty. Texas SB 17, Florida SB 264, and Ohio HB 1 and SB 88 reflect a nationwide anti-Chinese trend. Meanwhile, the long-dormant “China Initiative” has resurfaced, stirring deep anxiety among Chinese researchers and students.Once discrimination is institutionalized, it tends to spread. These laws are like dominoes: if the first is not stopped, the chain reaction will inevitably expand. Challenging SB 17 is not only about one state law—it represents defending the basic rights of Chinese communities and resisting systemic exclusion in America. For this reason, CALDA views litigation as a crucial tool of advocacy, turning fear about the future into collective action and legal precedent for change.This is a difficult and protracted struggle. We must unite more strength and resources to confront powerful opponents. CALDA calls for continued support to secure a future free from discrimination, where fairness and justice are true guarantees for all Chinese Americans. News and Activities for the Communities 1. APA Justice Community Calendar Upcoming Events: 2025/09/18 CAPAC Press Conference2025/09/23 Committee of 100: Is Deglobalization Inevitable?2025/10/03 Covering China—Journalism, Scholarship, and the Global Conversation2025/10/06 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. May 2025 APA Justice Monthly Meeting Summary Posted Summary of the APA Justice May 2025 meeting is now posted at https://bit.ly/4pxi6ti . We thank the following distinguished speakers for sharing their comments and insights: · Judith Teruya , Executive Director, Congressional Asian Pacific American Caucus · Joanna YangQing Derman , Director, Anti-Profiling, Civil Rights & National Security Program, Advancing Justice | AAJC · Gisela Perez Kusakawa , Executive Director, Asian American Scholar Forum (AASF) · Gee-Kung Chang 張繼昆 , Professor of Electrical and Computer Engineering, Georgia Institute of Technology · Robert Fisher , Partner, Nixon Peabody · William Tong 湯偉麟 , Attorney General, State of Connecticut · Robert L. Santos , Former Director, U.S. Census Bureau; Former President, American Statistical Association · Haifan Lin 林海帆 , President, Federation of Asian Professor Associations (FAPA); Eugene Higgins Professor of Cell Biology, Yale University 3. CAPAC Press Conference WHAT : CAPAC Press Conference on Economic Toll of Trump’s Tariffs on Asian American Communities WHEN : September 18, 2025, 10:30 am ET WHERE : Studio A – HVC117 and live stream: https://www.facebook.com/events/1874102480195831/ HOST : Congressional Asian Pacific American Caucus (CAPAC) SPEAKERS : · Chair Rep. Grace Meng (NY-06) · Second Vice Chair Rep. Jill Tokuda (HI-02) · Chair Emerita Rep. Judy Chu (CA-28) · Vice Chair Ted Lieu (CA-36) · Rep. Dave Min (CA-47) · Rep. Ed Case (HI-01) DESCRIPTION : On August 29, a federal appeals court ruled that most of Trump’s tariffs are illegal but allowed the tariffs to remain in place while the case moves through the appeals process. The Supreme Court agreed to consider the appeal on an expedited timeline. Meanwhile, tariffs continue to create uncertainty for small businesses and consumers—including for Asian-owned businesses that import agricultural goods, cultural products, and traditional medicines that cannot be produced domestically.Asian American entrepreneurs own 11 percent of small businesses in the U.S. and nearly 20 percent of restaurants. Chinatown businesses in particular have reported lower demand and increased costs for goods, with some hiking prices by an average of 50 percent. According to the latest Consumer Price Index (CPI) report, consumer prices rose 0.4 percent in August, driving the annual inflation rate to 2.9 percent, the highest since January, in part due to Trump’s tariffs. RSVP : Please RSVP in advance to james.kwon@mail.house.gov 3. ACF: Covering China—Journalism, Scholarship, and the Global Conversation WHAT : Covering China—Journalism, Scholarship, and the Global Conversation WHEN : October 3, 2025, 9:30 am - 12:00 noon ET WHERE : Kenney Link Auditorium, Johns Hopkins SAIS, 555 Pennsylvania Avenue Northwest Washington, DC 20001 HOST : Institute for America, China, and the Future of Global Affairs (ACF) PROGRAM: · 9:30am: Opening Remarks · 9:45am: Session 1—Covering China from Within: Problems and Processes · 11:00am:: Session 2—China, America, and the World: New Frontiers · 12:00pm: Networking Lunch DESCRIPTION : The Johns Hopkins SAIS Institute for America, China, and the Future of Global Affairs (ACF) and the Overseas Press Club of America will jointly host an in-person event examining the state of journalistic and academic coverage of China.The first session will consider the hurdles that journalists and academics face when operating within China at present, and their evolving approaches to reporting and research. A second panel will assess the challenges that global correspondents and researchers face as they cover China's global activities and influence, especially when the issues that intersect China's global role—including artificial intelligence, trade and investment, and new energy—are themselves complex and rapidly evolving.What are the perspectives of top journalists and researchers on the current state of reporting on China? What do we know and not know – and what assumptions and narratives may need revision? What are our collective blind spots? What strategies can help strengthen the quality of research and reporting, and more accurately frame the scope and scale of the China challenge for U.S. audiences? REGISTRATION : https://bit.ly/3KtwClu # # # 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 18, 2025 Previous Newsletter Next Newsletter

Newsletter - #339 7/7 Meeting; Supreme Court; NIH Grant Ruling; Vincent Chin; Perkins Coie Webinar; More #339 7/7 Meeting; Supreme Court; NIH Grant Ruling; Vincent Chin; Perkins Coie Webinar; More In This Issue #339 · 2025/07/07 APA Justice Monthly Meeting · Supreme Court Limits Nationwide Orders on Birthright Citizenship · Judge Rebukes Trump Administration NIH Grant Terminations · Anti-Asian Hate: Why We Must Remember Vincent Chin · Perkins Coie Webinar: Strategies for Nonprofits · News and Activities for the Communities 2025/07/07 APA Justice Monthly Meeting The next APA Justice monthly meeting will be held on Monday, July 7, 2025, starting at 1:55 pm ET. In addition to updates from: · Judith Teruya , Executive Director, Congressional Asian Pacific American Caucus (CAPAC) · Joanna YangQing Derman , Program Director, Advancing Justice | AAJC · Gisela Perez Kusakawa , Executive Director, Asian American Scholar Forum (AASF) We are honored by and welcome the following distinguished speakers: · Lynn Pasquerella , President, American Association of Colleges and Universities (AAC&U) · Toby Smith , Senior Vice President for Government Relations & Public Policy, Association of American Universities (AAU) · Clay Zhu 朱可亮 , Founder and President, Chinese American Legal Defense Alliance (CALDA) · Paul Cheung 鄭文耀 , President, Committee of 100 · Tony Chan 陳繁昌 , Former President of King Abdullah University of Science and Technology (2018–2024) and Former President of the Hong Kong University of Science and Technology (2009–2018) The virtual monthly meeting is by invitation only. It is closed to the press. If you wish to join, either one time or for future meetings, please contact one of the co-organizers of APA Justice - Steven Pei 白先慎 , Vincent Wang 王文奎 , and Jeremy Wu 胡善庆 - or send a message to contact@apajustice.org . Supreme Court Limits Nationwide Orders on Birthright Citizenship According to AP News , NPR , Washington Post and multiple media reports, the U.S. Supreme Court ruled 6–3 on June 27, 2025, in favor of narrowing the use of nationwide injunctions, limiting lower courts’ ability to block federal policies for the entire country while litigation is pending. While the ruling does not address the constitutionality of President Donald Trump ’s executive order ending birthright citizenship for children born in the U.S. to undocumented immigrants and foreign visitors, it does pause the order’s implementation for 30 days and returns pending lawsuits to lower courts to reassess the scope of relief.Justice Amy Coney Barrett , writing for the majority, argued that courts must limit relief to actual plaintiffs, not impose universal blocks. Dissenting Justice Sonia Sotomayor strongly opposed the decision, warning it would harm families and shield unlawful executive actions from scrutiny. The ruling allows nationwide class-action suits as an alternative and has already prompted new legal filings from civil rights groups seeking broad protections. While celebrated by Trump and Republican lawmakers as a check on judicial overreach, critics say the decision weakens protections against potentially unconstitutional policies and creates legal uncertainty for families and states.Within hours after the Supreme Court ruling, two class-action suits had been filed in Maryland and New Hampshire seeking to block Trump’s order, including an amended class action complaint and emergency motion for class-wide injunctive relief under Casa Inc. v. Trump (8:25-cv-00201) One of the lawyers representing the plaintiffs, William Powell , senior counsel at the Institute for Constitutional Advocacy and Protection at Georgetown Law, says his colleagues at CASA, Inc. and the Asylum Seeker Advocacy Project think that, with the class action approach "we will be able to get complete relief for everyone who would be covered by the executive order." The strategic shift required three court filings: one to add class allegations to the initial complaint; a second to move for class certification; and a third asking a district court in Maryland to issue "a temporary restraining order or preliminary injunction asking for relief for that putative class," Powell said. According to a Washington Post opinion on June 28, the Supreme Court’s decision in CASA v. Trump will shift judicial power to check the executive from the roughly 700 district judges across the country to the nine justices of the Supreme Court in Washington. For example, district judges can guarantee birthright citizenship for the children of immigrants who file for relief in their district court (or potentially groups of immigrants who bring a class action). But a universal bar on enforcement of this and other presidential decrees will have to wait for the Supreme Court. The Supreme Court is now the only court in the country that can block a presidential policy nationwide. However, if the president tries to implement an unconstitutional order and the district courts lack the tools to stop him, the Supreme Court can still swoop in on its time-sensitive emergency docket. Judge Rebukes Trump Administration NIH Grant Terminations As of June 26, 2025, the number of legal challenges to President Donald Trump’s executive actions has risen to 303, according to the Just Security Litigation Tracker (with 12 cases closed). One of the most significant recent developments centers on the U.S. Department of Health and Human Services' termination of hundreds of NIH research grants: American Public Health Association v. National Institutes of Health (1:25-cv-10787) In February 2025, HHS halted both ongoing and pending biomedical and behavioral research grants at the National Institutes of Health (NIH), following Trump’s Executive Orders 14151 and 14173, which barred federal funding from supporting “gender ideology” or diversity, equity, and inclusion (DEI) initiatives. NIH subsequently issued directives labeling entire categories of research—such as DEI, transgender health, vaccine hesitancy, and COVID-19—as no longer aligned with agency priorities. At least 678 research projects have reportedly been terminated.On April 2, a coalition of prominent health organizations and affected scientists filed suit under the Administrative Procedure Act, challenging the legality of these terminations and seeking an injunction. The plaintiffs include four researchers, the American Public Health Association (APHA), the United Auto Workers (UAW), and Ibis Reproductive Health—all alleging loss of funding or research suppression. According to Politico on June 16, U.S. District Judge William Young of Massachusetts issued a forceful ruling against the administration. Calling the NIH’s actions “illegal” and “palpably clear” discrimination, Judge Young ordered the immediate reinstatement of the terminated grants. He condemned the terminations as unconstitutional, stating they demonstrated racial and anti-LGBTQ bias and violated procedural norms. The administration’s defense—that the actions aligned with congressional priorities—was found to lack any evidentiary basis.This ruling marks a significant legal and symbolic blow to the administration’s sweeping efforts to dismantle federal support for DEI and LGBTQ+ initiatives under the banner of ideological reform. Appeals are expected. Anti-Asian Hate: Why We Must Remember Vincent Chin According to Detroit Free Press , Detroit PBS , Inquirer , Michigan Chronicle , Outlier Media , and other media reports, 43 years after the brutal killing of Vincent Chin 陳果仁 , a new sign was unveiled in Detroit: Vincent Chin Street. Under the hot June sun, a string quartet played Mozart, and the crowd — elders, youth, activists, public officials — gathered not only to honor the man, but to mark the legacy his death ignited.Chin, a 27-year-old Chinese American draftsman, was celebrating his bachelor party on June 19, 1982, when he was assaulted by two white autoworkers who blamed “people like him” for their economic hardships. It was a time when an Asian nation - Japan - was on the rise and blamed for threatening the American auto industry. Days later, on June 23, Chin died of head injuries from a baseball bat attack in a McDonald’s parking lot. The assailants, Ronald Ebens and Michael Nitz , were sentenced to probation and a fine. No jail time.The injustice was not just in the courtroom. It echoed in how little American society at the time recognized Asian Americans as part of the civil rights conversation. Even progressive institutions — local chapters of the ACLU and the National Lawyers Guild — argued Asian Americans did not qualify for civil rights protections. “Those were the things people would say to us,” said Helen Zia, Founder of the Vincent Chin Institute. The battle to establish Chin’s citizenship status in order to pursue justice became symbolic of broader struggles for recognition.And yet, that moment in 1982 became a turning point. Chin’s death spurred the creation of the American Citizens for Justice (ACJ) and catalyzed the modern Asian American civil rights movement. It showed that hate — even when misdirected — had deadly consequences. And it taught a generation that justice does not arrive unless you demand it. The street naming this year, attended by many who led those early fights, is a testament to that generation’s perseverance. Attorney Roland Hwang , who helped cofound ACJ, reminded the crowd: “What happened to him… was seared in our minds. His last words were, ‘It’s not fair.’” Those words, he said, should still guide us today. Detroit Mayor Mike Duggan reflected on the leniency of the original sentence. “We have to step up and stop [hate],” he said, linking the legacy of Chin’s killing to anti-Arab bias after 9/11 and to the rising violence and polarization seen today. “Most of all, we’ve got to remember. And that’s what you’ve done today.”But remembrance is not enough.According to new data from Stop AAPI Hate, more than 50% of Asian Americans today — especially those aged 18 to 29 — report experiencing racial animus. Many of these young people were not born when Chin died. Many have never heard his name. As Michigan State Senator Stephanie Chang put it, “There are going to be people who see this sign and ask, ‘Who was Vincent Chin?’ And hopefully, that will spur learning and understanding.”That learning matters, especially in today’s political climate. The same scapegoating that helped justify Chin’s death in 1982 is reemerging in new forms. Now, it is not Japan but China that is framed as the threat — and proposals like Michigan’s recent House bill restricting land ownership by nationals of certain countries (including China) raise alarm about repeating history. “It’s discriminatory,” said civil rights groups and community advocates. State Senator Chang and others are working to embed ethnic studies into Michigan’s education system so that no one graduates asking “Vincent who?” — not just to preserve memory, but to prevent erasure. To see justice not as a one-time verdict, but a cultural habit that must be nurtured.Even the site of the unveiling — once the heart of Detroit’s Chinatown — tells a story. The Chinese Merchants Association building, where the ACJ first organized in 1982, was demolished in 2023 despite protests. Still, the effort to rebuild continues, with a $1 million appropriation and a vision of a revitalized Chinatown, not only as a cultural anchor but as a space of solidarity and healing.What is clear after 43 years is that Vincent Chin’s story is not just a tragedy. It is a mirror. Of where we were, where we still are, and where we need to go. Every June, as Juneteenth reminds the nation of delayed justice for Black Americans, Chin’s memory reminds Asian Americans that the struggle is shared — and ongoing.Vincent Chin's story calls us to vigilance, solidarity, and the courage to confront injustice in all forms. The next generation is watching. Justice is not a moment — it is a movement, and the work continues. Perkins Coie Webinar: Strategies for Nonprofits The law firm Perkins Coie launched The Compliance Collective webinar series in August 2024, hosting a monthly 60‑minute session—every third Thursday at 1 p.m. ET—covering emerging compliance issues with expert panels.The webinar on June 26, 2025, was titled " Essential Strategies for Nonprofit Leaders Navigating Government Inquiries ," specifically designed to empower nonprofit leaders with the latest insights and practical strategies for effectively responding to government investigations and inquiries. As nonprofits face increasing scrutiny from both executive agencies and legislative bodies, it is essential to be prepared for subpoenas, inquiries, and other actions.The webinar covered: · Unique risks facing non-profit organizations · Interacting with the government o Preparing for informal outreach and inquiries from law enforcement and regulators o Navigating government raids o Effective subpoena response · Best practices for developing policies & procedures to address these risks Sign up and receive Perkins Coie webinar invites and updates at https://bit.ly/44mtKgT On March 11, 2025, Perkins Coie sued the Department of Justice (DOJ) and other government agencies over President Trump’s March 6, 2025 executive order (EO) terminating government contracts, denying members of the firm access to federal employees, and suspending employees’ security clearances. On May 2, U.S. District Judge Beryl Alaine Howell of the District of Columbia held that the EO violates the law and is invalid and permanently enjoined the DOJ from implementing, enforcing, or using statements from the EO in any way. Judge Howell granted Perkins Coie’s motion for summary judgment and declaratory relief and denied the DOJ’s motion to dismiss. News and Activities for the Communities APA Justice Community Calendar Upcoming Events: 2025/06/28-30 2025 ICSA China Conference2025/07/07 APA Justice Monthly Meeting2025/07/09 8th Annual Congressional Reception2025/07/13 Rep. Gene Wu's Town Hall Meeting2025/07/25-27 Asian American Pioneer Medal Symposium and Ceremony 2025/07/27 Rep. Gene Wu's Town Hall Meeting2025/08/02-07 2025 Joint Statistical Meetings2025/08/04 APA Justice Monthly MeetingVisit 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 June 30, 2025 Previous Newsletter Next Newsletter

About Us 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. History After a series of innocent Chinese American scientists in academia, government and private industry were wrongly accused of espionage-related charges and then had their cases dropped by the Department of Justice without full explanation and accountability, a group of volunteers gathered to provide a platform and to connect concerned organizations and individuals with the Congressional Asian Pacific American Caucus (CAPAC) in the Fall of 2015. Organizations and individuals participate in this voluntary group share these fundamental beliefs: there has been historical exclusionary laws and internment of Asian Americans in violation of their constitutional rights and American values for political scapegoating there is lack of government transparency and explanation on the recent use of overzealous methods and patterns of xenophobic profiling against innocent Asian Americans there is impact and damage of these recent adverse actions within the Asian American community with respect to their standing as Americans and ability to serve their country there are responsibilities and obligations for Asian American and Pacific Islander elected officials and community leaders to voice and address concerns; raise public awareness and participation; hold the government accountable; and seek proper transparency and oversight to prevent future similar occurrences Purpose On an ongoing basis, we strive to: seek full explanation and remedies for the recent individual cases including Ms. Sherry Chen and Professor Xiaoxing Xi and make the wrongly accused whole seek independent investigations of the overzealous investigative and prosecutorial methods and profiling of innocent Asian Americans based on ethnicity, national origin and protected civil rights factors identify resources and opportunities to raise public awareness, educate and provide training about legal environment and risks, and inform about statistics and rights engage law enforcement and prosecutors in dialogue, training, and similar activities to promote understanding of Asian American culture and community and openness and transparency of government operations partner with like-minded organizations and individuals to voice Asian American concerns about law enforcement and advance the purpose of this group formulate and advocate for continuing oversight, policy, and best practices to ensure justice and equal rights for Asian Americans facilitate consensus and coalition-building on an issue-by-issue basis

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

Newsletter - #67 Press Briefing Today On Anming Hu Mistrial; Letter To The White House #67 Press Briefing Today On Anming Hu Mistrial; Letter To The White House Back View PDF June 18, 2021 Previous Newsletter Next Newsletter

Newsletter - #265 Meeting Summaries; OSTP Guidelines; Scientists Speak Up; CAPAC and AASF Updates; + #265 Meeting Summaries; OSTP Guidelines; Scientists Speak Up; CAPAC and AASF Updates; + In This Issue #265 · June and July 2024 APA Justice Monthly Meeting Summaries Posted · Updates on OSTP Guidelines by Kei Koizumi · Observations and Remarks by Impacted Scientists · Updates from Congressional Asian Pacific American Caucus · Updates from Asian American Scholar Forum · News and Activities for the Communities June and July 2024 APA Justice Monthly Meeting Summaries Posted Summary for the June 2024 APA Justice monthly meeting has been posted here: https://bit.ly/45Zilni . Summary for the July 2024 APA Justice monthly meeting has been posted here: https://bit.ly/3Wc9NX0 . We extend our heartfelt thanks to the speakers who shared their valuable insights and reports during our monthly meetings, including regular speakers: · Nisha Ramachandran , Executive Director, Congressional Asian Pacific American Caucus (CAPAC), nisha.ramachandran@mail.house.gov · Joanna YangQing Derman , Director, Anti-Profiling, Civil Rights & National Security Program, Advancing Justice | AAJC · Gisela Perez Kusakawa , Executive Director, Asian American Scholar Forum (AASF), gpkusakawa@aasforum.org and invited speakers and commentators: · Tam Dao , Assistant Vice President for Research Security, Office of Research Security, Rice University · Haipei Shue , President, United Chinese Americans · Anming Hu , Professor, University of Tennessee at Knoxville · Kei Koizumi , Principal Deputy Director for Science, Society, and Policy, Office of Science and Technology Policy (OSTP), The White House · Neal Lane , Senior Fellow, Baker Institute; Former Director of OSTP; Former Director, National Science Foundation · Xiaoxing Xi , Laura H. Carnell Professor of Physics, Temple University · Gang Chen , Carl Richard Soderberg Professor of Power Engineering, Massachusetts Institute of Technology · Karla Hagan , Senior Program Officer, Staff Director for National Science, Technology, and Security Roundtable, National Academies of Sciences, Engineering,and Medicine Updates on OSTP Guidelines by Kei Koizumi In August 2021, the White House tasked OSTP with setting clear rules for research security and researcher responsibility. It charged OSTP with protecting America’s research security while ensuring policies do not fuel xenophobia or prejudice. As part of the OSTP effort, the NSF commissioned two studies by JASON, an independent group of scientists with unique expertise that advises the U.S. government on national security matters related to science and technology. · 2024/03/21 JASON Report: Safeguarding the Research Enterprise · 2021/08/10 White House: Clear Rules for Research Security and Researcher Responsibility o Protect America’s Security and Openness; Be Clear; Ensure Policies Do Not Fuel Xenophobia or Prejudice · 2019/12 JASON Report: Fundamental Research Security During the July 1 APA Justice monthly meeting, Kei Koizumi , Principal Deputy Director for Science, Society, and Policy, Office of Science and Technology Policy (OSTP), The White House, was hoping to share the final version of a research security standards document requested by Congress and outlined in a presidential memorandum. This document aims to provide universities and Federal research agencies with clear guidelines on running research security programs. Unfortunately, its release has been delayed.Kei remains hopeful that it will be released in the coming days, offering clarity to the Asian American research community and universities on how to maintain an open, international, collaborative research enterprise in the U.S. while protecting against foreign government exploitation.A key element of this document is the longstanding prohibition against actions that exacerbate anti-Asian bias or prejudice. Implementing the final guidance will be a collaborative effort for all of us. Meanwhile, Congress is considering legislation that would force the Department of Justice to reinstate the China Initiative. In addition, OSTP is reviewing proposals in draft intelligence and national defense bills that would prohibit citizens of certain countries, specifically the People's Republic of China, from visiting or working in Federal and national laboratories, regardless of their visa or visitor status.The administration will oppose this legislation, as it did with reinstating the China Initiative in last year’s Appropriations Bill.This is where our community must play defense against some harmful ideas circulating in Congress. With this being an election year, opposing bad legislation is even more challenging than usual.Kei is grateful that Dr. Neal Lane and a coalition hosted the FBI Forum and that the National Academies will soon complete its important work on research security through the Roundtable.Kei is also eager to hear from us, particularly at the state level. He is concerned about bills and laws in various states that restrict Asian Americans, especially Chinese Americans, from buying property or impose extra screening to participate in academic environments at many state universities.Read Kei's comments in the July 1 monthly meeting summary: https://bit.ly/3Wc9NX0 . UPDATE: On July 9, 2024, the White House OSTP released Guidelines for Research Security Programs at Covered Institutions. The 10-page Guidelines is posted here: https://bit.ly/3xQgRzj . ".... federal research agencies should implement research security policies in a way that treats everyone equally under law, without xenophobia, prejudice, or discrimination, a principle reinforced by the CHIPS and Science Act. The law also requires that research security activities be carried out in a manner that does not target, stigmatize, or discriminate against individuals on the basis of race, ethnicity, or national origin," the Guidelines said. REMINDER: The National Science, Technology, and Security Roundtable Capstone Workshop will be held on July 16-17, 2024, in Washington DC and virtually. For more information, visit https://bit.ly/3z0PnY7 . Register to attend the workshop: https://bit.ly/3VirGle . Observations and Remarks by Impacted Scientists Professor Xiaoxing Xi is a naturalized American citizen who has lived and worked in the U.S. for 35 years. On May 21, 2015, the U.S. government charged Professor Xi for scheming to violate a non-disclosure agreement by sharing U.S. company technology with Chinese entities. Professor Xi committed no crime and was supported by affidavits from leading scientific experts, as well as one of the inventors of the U.S. company technology himself. On September 11, 2015, the government dropped all charges against Professor Xi without an apology or explanation. With support of ACLU, Professor Xi and his family filed a civil lawsuit against the U.S. government in 2017. He is the recipient of the 2020 Andrei Sakharov Prize, a distinguished honor within both the human rights advocacy and scientific communities. Professor Xi joined the meeting from Europe, where he gave a slide presentation on his personal experiences as an impacted scientist. He recounted the traumatic events of May 2015, when armed FBI agents raided his home, held his wife and daughters at gunpoint, and arrested him for a crime he did not commit. This ordeal had a profound and lasting impact on his career and his family's lives, as well as on Professor Gang Chen and others who were also falsely charged by the Department of Justice (DOJ).Many of these cases were dropped, although it is rare for the DOJ to drop cases. In his presentation to the OSTP community briefing in January 2022, Professor Xi attributed the problem to policies that diminish the U.S.'s ability to attract talent and fuel xenophobia against Asian Americans. He highlighted that the FBI Director referred to Chinese scientists and academics as "non-traditional collectors," suggesting they act as spies without formal training on behalf of the Chinese Government. This term, used during Congressional testimonies, portrays anyone with connections to China as a “whole-of-society” threat to the U.S. Professor Xi believes this is the root cause of the cases targeting Chinese scientists.In the spirit of rebuilding trust with the FBI, as seen in the June 6 Forum in Houston, Professor Xi suggests that the FBI Director and leadership should publicly affirm that “ all Chinese scientists are not non-traditional collectors ” and should not label them as suspected spies. This is essential to restore trust.There have been persistent attempts to reinstate the China Initiative. As long as the assumption that Chinese scientists are suspected of espionage prevails, the China Initiative is still active, leading to more such activities.In February 2023, the DOJ established the Disruptive Technology Strike Force to enforce export control laws and investigate and prosecute criminal violations of these laws. As more institutions are added to the entity list, interactions with scientists from these institutions will increase. These Chinese institutions include the Institute of Physics, the Chinese Academy of Sciences, and the University of Science and Technology, which are equivalent to Caltech and MIT in the U.S. In March 2023, Science Magazine asked the OSTP Director, Dr. Arati Prabhakar , if Chinese-born scientists working in the United States have been unfairly persecuted as agents of the Chinese Communist Party and are owed an apology from the government. Dr. Prabhakar responded, "I’m not in a position to comment on that. I don’t know enough about it." This response raised concerns about policymakers' commitment to addressing the plight of scientists. Dr. Prabhakar has since provided additional clarifications, and Science Magazine has updated its story.However, Dr. Prabhakar has repeatedly stated that "the world has changed." This statement gives Professor Xi a clear perspective on the direction of U.S. Government science policy, despite reports and recommendations from the scientific community on how to protect U.S. technology from China.For example, in September 2022, the National Academies released a report on Protecting U.S. Technological Advantage. It emphasized that in today’s interdependent, global innovation system, the greatest threat is the potential weakening of the U.S. innovation ecosystem. Protecting and strengthening this ecosystem is more important than protecting specific technologies, which can be ineffective and self-damaging.The innovative ecosystem requires openness and the ability of the U.S. to attract scientists from around the world.The 2024 JASON report also emphasizes openness and transparency. It advises the National Science Foundation (NSF) to adopt a dynamic approach for identifying potentially sensitive research topics as they arise, rather than maintaining a comprehensive list of sensitive areas. The NSF should proceed with caution before adding access or dissemination controls to grants or contracts. But that is not what the policy makers, including the White House, are doing. The CHIPS and Science Act includes provisions that prohibit Federal funding for participants in malign foreign talent recruitment programs sponsored by countries of concern, with a definition codified as 42 USC 19237 (4). This situation creates a chilling effect, where people, including Professor Xi, may avoid collaborating with scientists from China for fear of being considered part of a malign foreign talent recruitment program and being barred from Federal funding. In two February 2024 documents, OSTP provided guidelines on a long list of international collaborations not considered part of a foreign talent recruitment program, including memberships in the Royal Society, sabbaticals at University of Oxford or McGill University, and receiving the Nobel Prize. However, it did not clarify whether sabbaticals in China or memberships in the Chinese Academy of Sciences would be considered part of a malign foreign talent recruitment program. Professor Xi seeks clarification in the new OSTP guidelines expected to be released soon.Can a scientist collaborate with China? NSF Director Sethuraman Panchanathan stated in a post on X, “By working together with our international like-minded partners to strengthen and scale collaborations … we will supercharge powerful global innovation ecosystems.”So, openness has conditions. While we want openness and collaboration with like-minded partners, this does not extend to people from countries of concern. The Deputy Secretary of State recently expressed a desire to see more Chinese students studying humanities and social sciences in the U.S., but not particle physics. He suggested that students from India could fill the gap in science studies.The message from policymakers is clear: no collaboration with scientists in China and no Chinese students in STEM. This stance contradicts the recommendations of the National Academies report and the JASON report.A possible explanation is the OSTP Director’s response to Science Magazine: "The world has changed." The U.S. and China, once at peace, are now at war. These conflicts include trade wars and geopolitical wars in technology, which have been ongoing and could escalate to military wars. During the last major conflict with an Asian country, the U.S. government interned 120,000 Japanese persons. We are now at war with China. We are now at risk of similar internment. Labeling all Chinese scientists as suspected spies is akin to suggesting that Japanese Americans during WWII signaled incoming warplanes from Japan. This underscores the importance of ongoing efforts by allies in OSTP, the scientific community, and interactions with the FBI, CAPAC, and Congress to push back and prevent a repeat of such internment. Persistent mistrust and xenophobia against Chinese and Asian American scientists are fueled by policies and rhetoric that unfairly label them as spies. Professor Xi calls for a change in these policies, advocating for a more inclusive and supportive environment that values the contributions of all scientists, regardless of their ethnic background, as the scientific community has already recommended.In conclusion, Professor Xi underscored the importance of openness and international collaboration in maintaining the United States' leadership in science and technology. He criticized restrictive policies that hinder collaboration with scientists from China and warned against the long-term damage such policies could cause to the nation's innovation ecosystem. Professor Xi’s presentation is posted at https://bit.ly/3W3SN5f . His remarks are included in the July meeting summary: https://bit.ly/3Wc9NX0 . ***** Gang Chen , Carl Richard Soderberg Professor of Power Engineering, Massachusetts Institute of Technology, joined the meeting from Taiwan, expressing his gratitude to Professor Xi for his courage in speaking out and to Kei Koizumi and Neal Lane for their insightful comments. Professor Chen, himself a victim of the misguided China Initiative, finds it disheartening to witness persistent efforts to reinstate the initiative, whether under its original name or disguised under a different one. He emphasized the findings of the National Academies report, which highlighted that the greatest threat to the U.S. is the weakening of its innovation ecosystem. The China Initiative and similar U.S. policies have driven away many talented individuals, diminishing the country's appeal not only to researchers of Chinese origin but to scientists in general. The CHIPS and Science Act's definition of a malign foreign talent program is so broad that it could potentially label many CEOs of major U.S. companies as participants in such programs. There is widespread uncertainty about how these rules will be applied, but those in academia feel particularly targeted. Many are afraid to attend conferences or give seminars in China. Universities share this fear as well. A faculty member recounted to Professor Chen that during a visit to his family in China, he asked a University Security Officer if he could meet his colleagues and friends at a local university. The officer suggested holding the meeting off-campus, highlighting the tense atmosphere. Such policies are detrimental to scientific exchange and ultimately harm the U.S. innovation ecosystem. The Organization for Economic Co-operation and Development (OECD), an intergovernmental organization with 38 member countries, has been tracking new researchers by country every year. Before 2018, the U.S. consistently gained new researchers each year, with over 2,000 new researchers in 2018 alone. However, since then, the trend has reversed, and by 2021, the U.S. experienced a net loss of new researchers. This trend is strong evidence of the damaging effect of the China Initiative. Professor Chen's remarks are included in the July meeting summary: https://bit.ly/3Wc9NX0 . Updates from Congressional Asian Pacific American Caucus During the June APA Justice monthly meeting, Nisha Ramachandran , Executive Director, Congressional Asian Pacific American Caucus (CAPAC), reported that May, the Asian American, Native Hawaiian, and Pacific Islander Heritage Month, was likely the busiest month of the year for CAPAC. She was pleased to have met many of us during this time.Congress is gearing up for a busy legislative summer, particularly in the House. The Agriculture Committee has begun the mark-up of the next Farm Bill. The appropriations process is also underway, moving towards mark-ups after members submitted their priorities. In addition, the annual National Defense Authorization Act (NDAA) is in progress.CAPAC is closely monitoring civil rights issues for Asian Americans, especially regarding research security and land and property ownership. There are efforts to reinstate the China Initiative, which CAPAC is actively tracking. Nisha encouraged everyone to stay vigilant and collaborate with CAPAC members on these issues across various committees. She expressed special thanks to Asian American Scholar Forum and Advancing Justice | AAJC for their partnerships.Nisha also mentioned a Bloomberg article about students being turned away at Dulles Airport and other ports of entry, highlighting this growing issue. CAPAC is tracking these developments and needs the community’s support to balance all interests.Finally, June is National Immigrant Heritage Month, and CAPAC will be uplifting immigrant stories throughout the month.As Nisha was about to provide an update from CAPAC during the July monthly meeting, she was called away. Casey Lee , Policy Director for CAPAC, stepped in to report on a critical issue closely monitored by CAPAC. The Commerce, Justice, and Science Appropriations Bill for fiscal year 2025 underwent its subcommittee markup. According to the Appropriations Committee’s press release, the China Initiative is included once again in the accompanying report language for the bill. The legislative process will proceed to a full committee markup, scheduled for July 9. CAPAC, along with many of our champions such as Rep. Grace Meng , will ensure it is monitored very closely.We are once again witnessing an attempt to revive the China Initiative in Congress. CAPAC will continue to oppose this effort. Casey encouraged the community to reach out to CAPAC with any questions and expressed appreciation for the advocacy and voices present at the monthly meeting. Updates from Asian American Scholar Forum During the July APA Justice monthly meeting, Gisela Perez Kusakawa , Executive Director, Asian American Scholar Forum (AASF), highlighted the ongoing engagement of AASF with the White House, Congress (particularly CAPAC), and various Federal agencies, emphasizing the contributions of Asian American scholars to American society. This engagement has garnered nearly 400 million potential views through its news coverage. AASF's top priority is ensuring that issues facing Asian American scholars remain at the forefront for national leaders.Not all AASF activities are publicly visible; some occur behind closed doors, such as roundtable discussions with the National Science Foundation and university leaders. These efforts include a briefing to the Department of Homeland Security Subcommittee on Foreign Malign Influence in Higher Education, contributing to their recent subcommittee report. AASF anticipates another significant effort with Federal agencies will soon be made public.AASF consistently recommends greater transparency, clarity, and ongoing feedback from the Asian American scholar community to Federal agencies. Their efforts aim to change perspectives within the Federal government, media, and public while also building a community. AASF aims to establish a permanent non-profit organization to protect the rights of Asian American scholars and celebrate their excellence and contributions.On July 27, 2024, AASF will co-host the inaugural Asian American Pioneer Medal Symposium and Ceremony with Stanford University. This public event will also feature roundtables and listening sessions with Federal government representatives on July 28. Distinguished speakers, including Nobel Laureates Steven Chu and Randy Shekman , Turing Award Laureate Raj Reddy , former Stanford President John Hennessy , and industry leader Eric Yuan , will participate. CAPAC Chair Judy Chu will open the Symposium and ceremony. Register for the Symposium and Ceremony here: https://bit.ly/3XLApPN . In addition, AASF is co-hosting a Presidential Town Hall with APIAVote and other partners in Philadelphia on July 13, ahead of the upcoming November elections. The House passed the National Defense Authorization Act on June 14, which includes provisions related to research security, potentially restricting collaboration for researchers and universities receiving Department of Defense (DOD) funding. AASF will focus on the conferencing stage as the Senate considers its version of the bill next.Regarding the Appropriations Bill, AASF is leading efforts with nearly 50 organizations, including APA Justice, to oppose restrictive language in this must-pass bill. They will closely monitor the July 9 markup session. AASF is also promoting the Youth Ambassador Science Video Competition, encouraging participation to highlight the involvement of the next generation in their efforts. Visit the AASF website and subscribe to the AASF newsletter at AASF .Gisela reported on the National Defense Authorization Act (NDAA) and AASF's commitment to ensuring that Asian American scholars have a voice by monitoring the bill and gathering feedback from AASF members and the Asian American scholar community on issues like research security. AASF is keeping a close eye on HR 1398, the Protect America’s Innovation and Economic Security from the CCP Act, which attempts to revive the China Initiative and increase scrutiny of the scholar community. AASF plans to make a strong statement highlighting the exhaustive attempts by the House to reinstate the China Initiative, emphasizing the need for Congressional members to reconsider these efforts. This is crucial for the Asian American scholar community and the country, which benefits from the contributions of immigrant talent in science and technology. Gisela can be reached at gpkusakawa@aasforum.org . News and Activities for the Communities 1. APA Justice Community Calendar Upcoming Events: 2024/07/11-12 National AAPI Leadership Summit2024/07/13 APIAVote: Presidential Town Hall, Philadelphia PA2024/07/15 APIAVote: RNC Convention, AAPI Briefing &Reception, Milwaukee, WI2024/07/16-17 National Science, Technology, and Security Roundtable - Capstone2024/07/17 C100 Career Ceiling Summit: Creating a Level Playing Field2024/07/25-28 Leadership Convention by NAAAP (National Association of Asian American Professionals) 2024/07/27-28 Asian American Pioneer Medal Symposium and CeremonyThe Community Calendar has moved. Visit https://bit.ly/3XD61qV for event details. 2. Committee of 100 Career Ceilings Summit: Creating a Level Playing Field WHAT: Committee of 100 Career Ceilings Summit: Creating a Level Playing Field WHEN: July 17, 2024, 11:00 am - 2 pm ET WHERE: Webcast HOST: Committee of 100 MODERATOR: Peter Young , Chair of the Initiative and Committee of 100 Member DESCRIPTION: · 11:10 am ET: Fireside Chat ( Ngan Nguyen , Senior Vice President, Global Diversity & Talent Management, Citi) and Open Discussion: “The Future of DEI: Can it Pivot?” · 12: 30 pm ET: Keynote Speech: “Lessons Learned” ( Cecilia Stanton Adams , CEO of The Diversity Institute) · 1:00 pm ET: Town Hall Discussion: “Breaking Through Career Ceilings: Choices and Solutions” ( Adrian Kwok , Associate Partner, McKinsey, Co-Head of the Asian DEI Group and Frank Wu , President, Queens College, Leading expert on Asian American Career Ceilings) REGISTRATION: https://bit.ly/3WgevmT 3. New Book: "The War for Chinese Talent in America" A new book authored by Dr. David Zweig , has just been released with the title of "The War for Chinese Talent in America: The Politics of Technology and Knowledge in Sino-U.S. Relations."Dr. Zweig is Professor Emeritus, Hong Kong University of Science and Technology (HKUST), Distinguished Visiting Professor of Taipei School of Economics and Political Science, National Tsinghua University, Taiwan, and Vice-President of the Center for China and Globalization (Beijing). He was a Postdoctoral Fellow at Harvard in 1984-85. For 15 years, he directed the Center on China’s Transnational Relations at HKUST.To overcome their “brain drain,” some developing countries employ the “Diaspora Option,” encouraging their overseas nationals to use the knowledge they gained abroad to help their motherland. Since the mid-1990s, China’s party/state has vigorously used an extensive array of programs and incentives to persuade ethnic Chinese living in America to transfer their technological knowhow back home. Many Chinese working abroad facilitated this flow, some to strengthen their former homeland, others from self-interest. In 2018, the Trump Administration declared war on these efforts. Employing a McCarthy-like campaign called the “China Initiative,” the government investigated Chinese scientists across the U.S. Many individuals were arrested, only to have their cases dropped. Still, hundreds had their research disrupted or lost their jobs. This book documents China’s ‘no-holds-barred’ effort to access U.S. technology and America’s vigorous counterattack and its efforts to disrupt the transfer of U.S. technology to China. Six case studies include stories of unknown victims of that campaign whose cases were never made public. It highlights how the war has undermined Sino-American scientific collaboration and triggered the outflow of some top Chinese talent from America and back to China.For more information and to order the book, visit: https://bit.ly/45ZqFDz 4. New Book Chapter: "New Red Scare - The China Initiative" A chapter titled "New Red Scare - The China Initiative," authored by Steven Pei , Jeremy Wu , and Alex Liang , has just been released in the book "Communicated Stereotypes at Work."Steven Pei is an electrical engineering professor at the University of Houston. He is also Founding Chair of United Chinese Americans and a co-organizer of the APA Justice Task Force. Jeremy Wu retired from the U.S. federal government, He is Founder and Co-Organizer of the APA Justice Task Force, a Senior Fellow of the National Academy of Public Administration, and a Member of the Committee of 100. Alex Liang was Fox International Fellow at the Australian National University. He is a second-year student at Harvard Law School.The FBI has a long history of surveillance of ethnic Chinese scientists in the U.S. McCarthyism, the Economic Espionage Act, and more recently the China Initiative were initiatives adversely impacting Chinese and Chinese Americans living in the United States. The cases of Qian Xuesen , Wen Ho Lee , Sherry Chen , and Xiaoxing Xi were the precursors and indicators of an implicit and explicit bias against Asian Americans questioning their “loyalty” to the United States. Why is it that time and again Chinese Americans are falsely accused of being spies for China? The stereotypes of Asian and Chinese scientists as “disloyal” stem from the perpetual foreigner trope. The key here is that most of them were U.S. citizens. They are as much an American as any other American, yet their “loyalty” is perceived as less trustworthy. This stereotype has harmful, life-altering consequences for them and their families.For more information and to order the book, visit: https://bit.ly/4c7v61x 5. Erratum On July 8, 2024, APA Justice newsletter Issue #264 misspelled the name of the President of the National Academy of Sciences. It should be Marcia McNutt . The corrected newsletter is posted here: https://bit.ly/4eWRZXa Back View PDF July 11, 2024 Previous Newsletter Next Newsletter

Warrantless Surveillance The domestic surveillance over American citizens for whom there is no evidence or proof that they are involved in any illegal activity. THE NUMBERS Pending cases 5 Failure-to-disclose cases 91% Days of the China Initiative 1210 Recent developments 54 scientists lose their jobs from NIH probe into foreign ties This is your News article. It’s a great place to highlight press coverage, newsworthy stories, industry updates or useful resources for visitors. Professor Xiaoxing Xi Receives Andrei Sakharov Prize This is your News article. It’s a great place to highlight press coverage, newsworthy stories, industry updates or useful resources for visitors. Top Scientific Organizations Call for Fairer Treatment of Foreign-born Scientists This is your News article. It’s a great place to highlight press coverage, newsworthy stories, industry updates or useful resources for visitors. Activists Including APA Justice Resist New "Red Scare" This is your News article. It’s a great place to highlight press coverage, newsworthy stories, industry updates or useful resources for visitors. More News The U.S. Constitution protects its people against unreasonable searches and seizures. Under Section 702 of the Foreign Intelligence Surveillance Act (FISA), the U.S. government engages in mass, warrantless surveillance of Americans’ and foreigners’ phone calls, text messages, emails, and other electronic communications. Information collected under the law without a warrant can be used to prosecute and imprison people, even for crimes that have nothing to do with national security. Given our nation’s history of abusing its surveillance authorities and the secrecy surrounding the program, we should be concerned that Section 702 is and will be used to disproportionately target disfavored groups - whether minority communities, political activists, or even journalists. Learn more about FISA The Foreign Intelligence Surveillance Act Growing out of the Watergate scandal when federal resources were used to spy on domestic political and activist groups, The Foreign Intelligence Surveillance Act (FISA) was introduced by Senator Ted Kennedy (D-MA) and signed into law by President Jimmy Carter in 1978. As its title suggests, the law was created to “provide judicial and congressional oversight of the government’s covert surveillance activities of foreign entities and individuals in the U.S., while maintaining the secrecy needed to protect national security.” Soon after the 9/11 terrorist attacks in 2001, the George W. Bush Administration began a series of questionable secret surveillance practices, including warrantless domestic wiretapping. Major amendments to FISA were subsequently made to legitimize and empower some of these secret operations. FISA was transformed into massive warrantless surveillance programs shrouded in secrecy, and Chinese Americans are disproportionately impacted. FISA Amendments Act of 2008 The FISA Amendments Act of 2008 was enacted in 2008. It added a new Title VII to FISA, authorizing targeting of non-U.S. persons outside the U.S.. Section 702 spells out additional limitations to such surveillance. It was specifically stated that the surveillance must be conducted in a manner consistent with the Fourth Amendment to the United States Constitution . Reauthorization of FISA Amendments Act in 2012 and 2017 President Barack Obama reauthorized the FISA Amendments Act in 2012 for five years before Edward Snowden made astonishing disclosures in 2013 about how the government manipulates its power to conduct secret, warrantless mass surveillance programs on U.S. persons in violation of their constitutional rights. Some of the subsequently known problems such as “about communications,” “backdoor searches,” “parallel construction” and “reverse target” are described in the blog titled “One Asian American’s Perspective on the FISA Amendments Act and Section 702. ” President Trump signed the FISA Amendments Reauthorization Act of 2017 into law. The current authorization will expire on December 31, 2023. Asian Americans Disproportionately Impacted No person of Chinese origin was known to be part of the 9/11 or other terrorist attacks. Section 702 has always been claimed to be a vital tool to combat terrorism since 2008. However, soon after Section 702 became law, the Department of Justice (DOJ) and the Federal Bureau of Investigations (FBI) declared that economic espionage is a major security threat to the U.S. and started publicity campaigns with China as the major culprit. In May 2017, the Committee of 100 presented a white paper, “Prosecuting ‘Chinese Spies’: An Empirical Analysis of the Economic Espionage Act ” by legal scholar Andrew Kim of South Texas College of Law. Among other disturbing findings, the study showed an immediate spike in prosecutions against Asian Americans in 2008. A series of innocent naturalized Chinese Americans in private industry, federal government, and academia were accused of spying for China, but all of them were subsequently dismissed without an explanation, much less an apology, from the government. Despite the heroic efforts of individuals to defend themselves against all odds, they and their families have already suffered devastating damages in legal expense, emotional trauma, and overall reputation. During the last reauthorization cycle in 2017, APA Justice set up a website APA FISA Watch to track the actions undertaken by the APA Justice Task Force and concerned organizations. Serious Constitutional Issues When the FISA Amendments Act was last due for reauthorization in 2012, little was known about the warrantless, mass surveillance programs because they were shrouded in secrecy. Today, we know that even the FISA court had sharply criticized in its written opinion (declassified in April 2017) that the government reporting efforts were lacking in “institutional candor” and represent “a very serious Fourth Amendment issue.” This same FISA court has approved more than 99.5% of the government’s requests since the enactment of FISA in 1978. FISA and its amendments are not the only laws subject to misuse and abuse by the authorities in the name of national security. The magnitude of their adverse implication and impact has been difficult to assess due to the inherent secrecy and complexity. With what little that has been made public, we know that protection for privacy and civil liberty has been grossly inadequate under FISA and its amendments. The government must not continue to use innocent, law-abiding Asian Americans as “collateral damage ,” convenient scapegoats, or targets of racial profiling without accountability. “Traditional” FISA, which requires lengthy applications to the secret FISA court, was used in fewer than 500 cases last year. Section 702, which doesn’t require individual court orders, can cover orders of magnitude more targets: more than 230,000 in 2021. The ACLU represents Xiaoxing Xi, a Chinese-American physics professor at Temple University, who is suing the government over its dismissed prosecution of him for supposedly sharing sensitive technology with scientists in China. The lawsuit, filed in 2017, challenges the FBI’s baseless arrest of Xi and its surveillance methods as well as its discriminatory targeting of Chinese-American scientists. Learn more Xi v. United States A Warrantless Surveillance Court Battle FOIA Request 245561 to the NIH Days Since FOIA Request Submitted 738 foia2nih_20210802.pdf Download FOIA Request APA Justice submitted a Freedom of Information Act (FOIA) request for records pertaining to the effort by the National Instututes of Health (NIH) to investigate over 500 U.S.-based scientists and researchers believed to have connections to China. The filing date of record is August 9, 2021. The assigned tracking number is 245561. The request covers the following records created on or after January 2011: Records containing statistics or data concerning the race, ethnicity, or national origin of scientists who have been “flagged,” subject to scrutiny, or investigated for their purported foreign ties, or records sufficient to show this information. Records containing statistics or data concerning the number of scientists in each of the following categories who have been “flagged,” subject to scrutiny, or investigated as the result of (a) NIH cooperation with law enforcement agencies; (b) anonymous complaints; and (c) stewardship of NIH program staff, or records sufficient to show this information. Records containing statistics or data concerning the race, ethnicity, or national origin of scientists in each of the following categories who have been “flagged,” subject to scrutiny, or investigated as the result of (a) NIH cooperation with law enforcement agencies; (b) anonymous complaints; and (c) stewardship of NIH program staff, or records sufficient to show this information. Records describing the methods by which individuals subject to NIH scrutiny or investigation were identified for investigation, including but not limited to NIH cooperation with law enforcement agencies, anonymous complaints, and stewardship of NIH program staff. We thank Yale University student Alex Liang for his research and preparation of this FOIA request. NIH Denial and Follow-up Appeal 202302228_ncca_statement_of_condemn_lance_gooden_20232028_final.pdf 2022/05/13 NIH: FOIA Case Number: 56843 2022/05/31 APA Justice: Appeal of FOIA Case Number 56843

Newsletter - #28 Meeting Summaries; Profiling Updates; Presidential Transition; More Events #28 Meeting Summaries; Profiling Updates; Presidential Transition; More Events Back View PDF November 13, 2020 Previous Newsletter Next Newsletter

Newsletter - #38 Science Role Elevated; Anti-Racial Profiling; MIT Professor; Insurrection; More #38 Science Role Elevated; Anti-Racial Profiling; MIT Professor; Insurrection; More Back View PDF January 18, 2021 Previous Newsletter Next Newsletter