Newsletter - #165 Ongoing Anti-Discrimination Efforts Stemming From Texas Senate Bills 147 and 552 #165 Ongoing Anti-Discrimination Efforts Stemming From Texas Senate Bills 147 and 552 In This Issue #165 This issue of the APA Justice newsletter is dedicated to the ongoing anti-discrimination efforts stemming from Texas Senate Bills 147 and 552. Houston March Against the Racist Texas Senate Bills 147 & 552 in Chinatown on February 11, 2023 New York Times Reports on Discriminatory Land Bills Los Angeles Times Reports on New Chinese Exclusion Agriculture.com Reports on Federal Bills Upcoming Mini Series of Two Webinars on Texas SB 147 and Alien Land Laws New Asian American Pacific Islander Caucus in Texas Notre Dame Expert on Bills Preventing Chinese Citizens and Companies from Purchasing Land Houston March Against the Racist Texas Senate Bills 147 & 552 in Chinatown on February 11, 2023 Texas State Representative Gene Wu and a coalition of community organizations led by Asian Americans Leadership Council (AALC), United Chinese Americans (UCA), Chinese Civic Center, Houston Chinese Alliance (HCA), DFW Chinese Alliance (DFWCA), APAPA TX, OCA-Greater Houston are organizing a Houston Rally on February 11, 2023, to protest against the proposed discriminatory Senate Bills 147 and 552. The march aims to raise awareness about these bills' implications and voice the immigrant communities' concerns and opposition to the New Chinese Exclusion Act.The proposed legislation classifies immigrants from four countries as security threats, ignoring that these individuals left their home countries in search of the American Dream. These pieces of legislation will strip immigrants of their right to purchase real property and grant the Texas Governor and the Texas Legislature unchecked power to classify any immigrant group as a security threat in the future. AALC and numerous other community organizations denounce these two bills that go against the very essence of the American Dream, which has always been about providing equal opportunities to all individuals, regardless of their background. The march will bring together over 500 attendees from the immigrant community to stand in solidarity against these racist bills and demand that their rights be protected. They will be joined by numerous Houston-area elected officials, community leaders and members. What: Anti-SB 147 Rally & March When: Saturday, February 11, 2023, 10:00AM - 12:00PM Where: Sterling Plaza 黃金廣場, 9888 Bellaire Blvd, Houston, TX 77036 Contact: Dr. Fengxiang Qiao , 832-293-0914 New York Times Reports on Discriminatory Land Bills On February 7, 2023, the New York Times reported that states are pursuing bills to bar Chinese citizens from purchasing land. According to the report, Governor Greg Abbott announced his support for a bill to stop Chinese citizens and companies from buying land, homes or any other real estate in Texas. "We don't want to have holdings by hostile nations," Gov. Ron DeSantis of Florida said in a news conference last month. Gov. Glenn Youngkin of Virginia made it part of his State of the Commonwealth speech soon after.In Texas, Democratic leaders said the broad measure now before the Legislature appeared to be prompted more by a rising anti-China political environment than by any legitimate concern over espionage or foreign ownership of the food supply. The bill as currently written would make it impossible for the large number of Chinese immigrants who have come to work in the tech sector or study at Texas universities to do something as basic as buy a home. A 2021 census survey estimated that about 150,000 foreign-born Chinese are living in Texas. Protesters have rallied against the bill in Houston and Dallas in recent weeks, saying that the legislative efforts could worsen the climate of anti-Asian violence and could be easily extended to include other immigrant groups. Lawyers with the American Civil Liberties Union of Texas said the measure was likely to run afoul of the federal government's prerogative to manage relations with other nations, and that it was unconstitutional. The discriminatory bill would prohibit members of the targeted communities from participating in the Texas economy, including dual citizens and legal permanent residents, such as green card holders. Some legal scholars are also skeptical. Such a bill would raise a host of constitutional issues because the measure does not distinguish between targeting people who are already here and those outside the United States. It raises serious due process and equal protection issues. The share of United States farmland owned by Chinese people and companies is small and has not been growing substantially. Chinese owners held about 350,000 acres at the end of 2020, and most of the farmland came from the Chinese acquisition of Smithfield Foods in 2013. Canadian owners, by contrast, held 12.4 million acres. (Source: Congressional Research Service: Foreign Ownership and Holdings of U.S. Agricultural Land ) Read more about the New York Times report: https://nyti.ms/40IuVEq . Los Angeles Times Reports on New Chinese Exclusion According to the Los Angeles Times on February 8, 2023, Republican leaders rumored to be open to 2024 presidential runs are eyeing more narrow property restrictions focused on agriculture as part of a tough-on-China push. Some Democrats, too, have expressed similar concerns. The Texas legislation will make some people more “willing to express their hatred toward certain race groups,” said Hao Zhu , an associate professor at the University of Texas at Austin. “From COVID, already just because of our skin color, we were hated.” Zhu attended the rally with her husband and 2-year-old son, who was balanced in his dad’s arm holding tiny Texas and American flags. “Look around,” Zhu said, as families and businesspeople — many waving American flags and chatting in English or Mandarin — walked past the Capitol. The bill is not affecting a “security issue at the national level” but “regular people’s lives.” She started to bring up fears about her son going to school, then paused, in tears.A California bill, authored by a Democrat, to restrict foreign ownership of agricultural land passed the Legislature last year but was vetoed by Gov. Gavin Newsom .Some experts wonder whether policies that turn away from America’s democratic strengths will only hurt the U.S. in the long term. “A ban that targets a person’s country of origin, particularly if it includes those on a pathway to U.S. citizenship, goes against everything that the United States stands for,” said Jessica Chen Weiss , a political scientist and government professor at Cornell University. At the Austin rally, people held signs that said, “STOP Chinese Exclusion,” evoking the Chinese Exclusion Act, a 19th century law that blocked citizenship to Chinese residents in the U.S., affirming the exclusion of Asian immigrants from a 1790 naturalization law. A speaker also referenced “alien land laws,” racist laws in California and other states that restricted Asian immigrants and others from owning property, including agricultural land.Lawmakers’ framing of the new bill as a national security measure also in some ways echoes the past. Madeline Hsu , a history professor at the University of Texas at Austin, said that in historically justifying anti-Chinese immigration laws, Chinese immigrants were portrayed “as this threat to the civilization of the United States.”Read the Los Angeles Times report: https://lat.ms/3XhN1u4 Agriculture.com Reports on Federal Bills According to Agricultute.com on February 3, 2023, Rep. Elise Stefanik , a member of the House Republican leadership, and 19 other representatives filed the Promoting Agriculture Safeguards and Security bill in the House, while six senators offered the Senate version. Along with prohibiting China, Russia, Iran, and North Korea from buying U.S. agricultural land or companies, the bill would make the Agriculture Department a member of the interagency Committee on Foreign Investment in the United States, which decides if projects would pose a national security risk. Federal law requires foreign individuals and entities to disclose ownership information to the USDA, but it does not restrict ownership of private U.S. agricultural land. Fourteen states restrict or prohibit foreign ownership. Read the Agriculture.com report: http://bit.ly/3I9hPJb Texas State Representative Gene Wu at January APA Justice Monthly Meeting Gene Wu is a Texas State Representative and a champion of immigrant rights serving in his sixth term at the Texas Legislature. As a proud immigrant himself, Rep. Wu has dedicated his career to serving the community and advocating for policies that promote equality and justice for all individuals, regardless of their background.On February 6, 2023, Rep. Wu explained the discriminatory nature and implications of Texas Senate Bill 147 and related legislations in the APA Justice monthly meeting. He has been a leading voice of the rallies in Texas."If the concern is about national security or foreign actors, we have already passed that law in 2021. It was Senate Bill 2116. It was signed into law, and it is already in effect," said Rep. Wu. He warned that the added provisions target individuals and its mentality is spreading across the nation. A lot of it is based on tensions between the U.S. and China, but it is really a rehashing of similar discriminatory laws that were passed against Asian Americans for the past century and a half, going back to the 1800s and into the 20th century. It is now revived in the 21st century. Nisha Ramachandran , Executive Director of Congressional Asian Pacific American Caucus (CAPAC), reported that CAPAC members in Texas have brought up their concerns and asked to be kept informed about the developing situation. Nisha can be reached at nisha.ramachandran@mail.house.gov . Organizers of the Austin, Dallas, and Houston rallies were recognized in the meeting. Some gave remarks and joined the discussion.Watch Rep. Wu's talk and discussions in this YouTube video: https://bit.ly/3DVEdU6 (56:48) Upcoming Mini Series of Two Webinars on Texas SB 147 and Alien Land Laws It was announced during the January 9 APA Justice monthly meeting that a mini series of two webinars is being organized. It will be co-sponsored by United Chinese Americans (UCA, www.ucausa.org ), APA Justice ( www.apajustice.org ) and 1882 Foundation ( www.1882foundation.org ) The first webinar is tentatively scheduled around February 16-18. Invited panelists include (1) Texas State Representative Gene Wu , (2) Attorney Clay Zhu of the Chinese American Legal Defense Alliance (CALDA), (3) Representative from the National Iranian American Council (NIAC), and (4) Representative from the American Civil Liberties Union of Texas. Rep. Judy Chu , Chair of Congressional Asian and Pacific American Caucus (CAPAC), is invited to give the opening remark. The second webinar is tentatively scheduled for March 1, 2023, 6:30 PM ET/3:30 pm PT. It will provide a historical perspective to understanding the consequences and significance of laws as being proposed in Texas. Invited panelists include (1) Carol Suzuki , Professor of Law, University of New Mexico, (2) Madeline Hsu , Professor, Mary Helen Thompson Centennial Professorship in the Humanities, University of Texas at Austin, and (3) Texas State Representative Gene Wu . Janelle Wong , Director, Asian American Studies andProfessor, American Studies and Government and Politics at the University of Maryland, will serve as moderator. Ted Gong , Executive Director of the 1882 Foundation, will give opening remarks.More details will come soon. New Asian American Pacific Islander Caucus in Texas According to the Austin American-Statesman on January 31, 2023, State Reps. Gene Wu , Salman Bhojani , and Suleman Lalani announced that they intend to create an Asian American and Pacific Islander legislative caucus. The announcement coincided with the progressive organization Rise AAPI holding AAPI Legislative Day at the Capitol to discuss the obstacles and opportunities Asian American and Pacific Islander Texans have this legislative session.The committee will be co-chaired by Wu, D-Houston, and Angie Chen Button , R-Richardson. In addition to Bhojani, D-Euless, and Lalani, D-Sugar Land, Reps. Hubert Vo , D-Houston, and Jacey Jetton , R-Katy, will serve in the caucus. The legislators intend to register the caucus with the Texas Ethics Commission soon, according to Wu's office."The formation of the AAPI caucus is a big stepping stone, a big milestone for our community," Wu said.The Legislature hit new diversity milestones this year with the election of Lalani and Bhojani, the first Muslim state representatives in Texas.Read the Austin American-Statesman report: http://bit.ly/3jD7vQx Notre Dame Expert on Bills Preventing Chinese Citizens and Companies from Purchasing Land According to a press release by the University of Notre Dame on February 8, 2023, Kyle A. Jaros , Associate Professor of Global Affairs, said the following in response to the recent trend among states that are pursuing and supporting bills to prevent Chinese citizens and companies from purchasing land:“The intense politicization of state- and local-level ties with China during the past few years marks a major departure from past trends. State and local relations have moved from the background of U.S.-China relations to the foreground, becoming a driver of broader U.S.-China dynamics in their own right. Whereas a few years ago both sides regarded state- and city-level interactions as a stabilizing element in the larger relationship, this domain has now become a lightning rod. ”“However, in today's heated political atmosphere, many states and communities risk overreacting to what they perceive as an omnipresent menace of CCP influence. While targeted measures to address known security risks are sensible, adopting blanket restrictions on commercial, educational, and/or scientific interaction with Chinese businesses and citizens will come with huge collateral costs: further inflaming anti-Chinese and anti-Asian xenophobia, harming the economic development of states and localities, undermining the vitality of the U.S. higher education sector and accelerating the dangerous downward spiral in national-level relations.”Read the University of Notre Dame press release: http://bit.ly/3x9V9SQ 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 February 9, 2023 Previous Newsletter Next Newsletter

Newsletter - #299 Introductions to USCET and VFP; AASF Update; 11/18 APA Justice Monthly Meeting; More #299 Introductions to USCET and VFP; AASF Update; 11/18 APA Justice Monthly Meeting; More In This Issue #299 · The US-China Education Trust · Updates from The Asian American Scholar Forum · Veterans for Peace · 2024/11/18 APA Justice Monthly Meeting Summary · News and Activities for the Communities The US-China Education Trust The US-China Education Trust (USCET) and Beijing Foreign Studies University (BFSU) co-sponsored the 2024 American Studies Network (ASN) conference on the campus of BFSU from October 25 to 27, 2024. This conference celebrated the 20th anniversary of the founding of the American Studies Network in 2004. This milestone event was marked by the first in-person ASN conference since the pandemic reshaped global engagement, successfully bringing together prominent speakers and dynamic panel discussions centered on the theme of Connecting People, Cultures and Ideas: Re-examining Sino-American Exchange . Ambassador Julia Chang Bloch , Founder and President of USCET, was originally slated to speak at the APA Justice monthly meeting on November 18, 2024. Unfortunately, she was unable to participate due to illness. Rosie Levine , the Executive Director of USCET, stepped in to represent her and address the meeting.Rosie comes to USCET from the United States Institute of Peace (USIP), where she has been a senior program analyst working on the China program. In April 2024, Levine was named a Project Fellow in The Penn Project on the Future of US-China Relations. Prior to USIP, Rosie was responsible for the Public Intellectuals Program at the National Committee on U.S.-China Relations (NCUSCR).USCET is a 501(c)3 non-profit organization housed at the George Washington University in Washington, DC. Ambassador Chang Bloch was the first Asian American to achieve the rank of ambassador. After retiring from diplomatic service, she took a visiting fellowship position at Peking University and realized that the study of America in China needed significant support to be able to fully understand the richness of American culture. This year, USCET just celebrated its 25th Anniversary. USCET has traditionally worked at the intersection of higher education and U.S.- China relations but also spanned a lot of different types of engagements, including media studies and student issues. Facing the downturn of the U.S.-China relationship, USCET has an eye towards how it can help to sustain the networks between the two countries at the academic level amid the challenging environment on both sides. USCET works with 73 organizations across China. USCET's work has also expanded to serve communities in both directions. As scholars, students and professionals in both the U.S. and China are seeking a better understanding of each other. At this moment USCET is seeing all sorts of pressures in the academic landscape within China that make it difficult for Chinese scholars to both do their work and better understand the U.S. Restricted academic freedom and other types of restrictions on international travel and participation in international conferences makes it very hard for Chinese scholars to do their work. On the U.S. side, we have challenges related to the China Initiative and perceptions both real and reputational. Some fear their travel to China might be seen as suspect back here in the US.This also trickled down to students. As of this spring there were about 800 Americans studying in China down from its peak of around 15,000. The USCET premise is that no matter what comes next in the U.S.-China relationship, whether it is cooperation, competition, or somewhere in between, we really need to have a core of Americans who deeply understand China and 800 students is not going to be sufficient, no matter what the future holds. So USCET is looking at ways in which we can support the study of China holistically here, and then vice versa.In that spirit USCET just held one of its flagship programs, a conference in Beijing celebrating the 20th Anniversary of the American Studies Network, on October 25-27, 2024. The conference brought together scholars of the United States and the American studies community from across China to meet each other, engage with their peers, and share research. Rosie reported that USCET had a successful conference. Over 60 abstracts were submitted from professors to graduate students and undergraduates. The study of the United States in China is healthy. They are under severe pressures as well. USCET is looking at ways that it can both engage with the scholarly community in China as well as policymakers here to try to keep those channels open and engage robustly.In addressing how the downturn in the U.S.-China relations impacts the Asian American community, particularly in the field of the U.S.-China relations, USCET wants to make sure the pipeline of expertise on China here reflects the diversity of America, including Asian Americans who have felt a lot of pressures in the relationship, both in their personal capacity as well as fear that engaging in this type of work might make it harder to engage with their family back in China, or facing discrimination here in the U.S. organizations that they want to work for, including the U.S. Government. USCET is currently in an early design phase of some programs to help to create a robust pipeline of Asian Americans interested in the U.S.-China relations and welcomes help from those in this group to think through that series of projects.Read more about the 20th Anniversary ASN Conference held at BFSU in Beijing: https://bit.ly/4iDV94d Updates from The Asian American Scholar Forum During the APA Justice monthly meeting on November 18, 2024, Kai Li , Vice President of Asian American Scholar Forum (AASF), speaking on behalf of Gisela Perez Kusakawa , Executive Director of AASF, who is on maternity leave, provided updates on two key activities: · Asian American Pioneer Medals Symposium . The inaugural symposium and ceremony at Stanford University in July were highly successful, with over 1,300 attendees and notable speakers, including John Hennessy , former Stanford’s president and Google’s parent company chair, and Jonathan Levin , their new president. A highlight video is available on aasforum.org . The next event is tentatively scheduled for July 25-27, 2025, at Stanford, featuring a science symposium, an awards ceremony, and a policy symposium. Invitations will be sent once details are finalized. · National Survey on Talent Migration . A new round of surveys is being prepared to investigate why research talent is leaving the U.S. for other countries, including China. This round aims to address gaps from the previous survey with the goal of supporting advocacy efforts. Veterans for Peace · Veterans for Peace: https://www.veteransforpeace.org/ · 2024/10/13 Veterans for Peace: End Washington’s New McCarthyism! · 2024/10/04 Asia Times: The Washington Post’s witch hunt on Chinese Americans During the APA Justice monthly meeting on November 18, 2024, Michael Wong , Board Member and Former National Vice President, Veterans for Peace (VFP), introduced VFP and described some of its recent activities.VFP is a national US organization with several international chapters of military veterans and allies committed to promoting peace and ending war. Founded in 1985, VFP advocates peaceful solutions to conflicts, addressing issues like nuclear disarmament, veterans’ rights, and the costs of war on communities and the environment. Michael shared his concerns about a rising wave of suppression reminiscent of McCarthyism, escalating geopolitical tensions, and threats to advocacy groups. VFP has long worked to promote peace and counter the trend of endless wars. Michael pointed to troubling signs of a repressive climate targeting dissent and advocacy efforts within the United States, highlighting incidents where activists and groups are being unjustly labeled as foreign agents. Examples included alleged accusation against Code Pink protesters advocating for Gaza, wrongly associating them with China, as well as a Black socialist group acquitted of charges of being Russian agents, noting they were merely advocating for improved diplomatic relations. Michael warned about House Resolution 9495, which could empower the U.S. Treasury Department to revoke nonprofit status from organizations accused of supporting terrorism, with decisions made without evidence and retroactively reviewing statements up to three years old. The resolution's vague language raises alarm, as it could allow for punitive actions against groups advocating controversial positions. Michael expressed concern that such measures could lead to misuse by future administrations, citing fears even from mainstream organizations like MoveOn.org . Michael also recounted a protest during Xi Jinping ’s visit for the APEC Conference in 2023. He described how anti-China protesters aggressively confronted Chinese Americans welcoming Xi and Biden’s discussions. According to Michael, these anti-China demonstrators pushed their way into the pro-Xi crowd, filmed the incident, and later framed the Chinese Americans as attackers. He criticized the media, including the Washington Post , for accepting the narrative of the aggressors without scrutinizing the evidence. Drawing parallels to the 2019 Hong Kong protests, Michael noted similar tactics being employed domestically. He described the Hong Kong protests as violent riots that involved firebombs, physical attacks, and other destructive acts. Wong argued that these protests were supported by U.S. entities like the National Endowment for Democracy, linking them to broader geopolitical strategies. He expressed concern that these “color revolution” tactics are now being repurposed within the United States to suppress dissent and demonize advocacy groups. Michael’s commentary underscores a broader fear that the political climate, particularly under a Trump administration, could worsen. He emphasized the importance of vigilance and continued advocacy to resist these trends and protect the ability of groups to operate freely and promote peace. His organization remains committed to addressing these challenges and fostering international and domestic cooperation for peace and justice. 2024/11/18 APA Justice Monthly Meeting Summary During the APA Justice monthly meeting on November 18, 2024, Nisha Ramachandran , Executive Director of Congressional Asian Pacific American Caucus (CAPAC), provided the following updates as Congress wrapped up and preparations for the 119th Congress began: · Pending Legislation . The National Defense Authorization Act (NDAA) is under negotiation, with specific provisions being monitored, such as vetting foreign researchers at Department of Energy facilities. Government funding discussions are ongoing, including efforts to reinstate the China initiative. · Post-Election Transition . House and Senate members are organizing for next year. CAPAC will welcome new members, increasing its size from 22 to 24 members, reflecting growth in representation. Andy Kim is joining the Senate, enhancing CAPAC's influence. Joanna YangQing Derman , Program Director, provided the following updates on recent activities of Advancing Justice | AAJC: · Opposition to Alien Land Laws . Continued efforts to combat such laws at state and federal levels, particularly in Texas, where new bills are being introduced, including advocacy to prevent land law provisions from being included in NDAA negotiations. · China Initiative Concerns . Emphasis on opposing efforts to reinstate the China Initiative, with strategies to mobilize community resistance. · House Select Committee on CCP . Opposing its reauthorization due to divisive rhetoric and its contribution to anti-Asian sentiment. · Immigration Concerns . Monitoring reports of potential mass deportations targeting Chinese immigrants and Chinese Americans under President-elect Trump. In addition, Peter Michelson , Luke Blossom Professor in the School of Humanities & Sciences and Professor of Physics, Stanford University, outlined recent efforts to oppose the reinstatement of the China Initiative, a policy criticized for disproportionately targeting academic researchers and undermining U.S. efforts to attract and retain global talent.Together with his colleague Steven Kivelson , Peter authored letters to House and Senate leadership expressing strong opposition to the revival of the initiative. The first letter, sent on October 8, was endorsed by 166 Stanford faculty members. A follow-up letter on October 28 gathered nearly 2,000 endorsements from faculty and senior staff across U.S. universities. These letters emphasized the detrimental effects of such initiatives on international talent recruitment, as highlighted by a 2024 National Academy of Sciences report. The report, commissioned by the U.S. Department of Defense, labeled the China Initiative "highly problematic," particularly for its disproportionate focus on academia and its adverse effects on Asian American scholars.Peter stressed the civil rights abuses associated with the initiative, citing prominent cases where scholars were unjustly prosecuted and later acquitted. He emphasized the need to defend individuals facing such allegations by providing expert legal resources. He also participated in a panel at Stanford’s Hoover Institution, where he and other experts Including Yasheng Huang , Founding President of Asian American Scholar Forum, Glenn Tiffert , Senior Research Fellow at the Hoover Institution, and Zhenan Bao , K.K. Lee Professor of Chemical Engineering at Stanford University discussed U.S.-China science and technology relations. Peter summarized comments by Professor Bao on the China Initiative's impact on her research group, highlighting confusion over shifting and unclear rules for collaborative research. Previously allowed practices were suddenly prohibited without clear guidance. Peter agreed with Professor Bao's perspective and emphasized the importance of clarity in research policies. He also urged colleagues to identify and challenge rules that are nonsensical or harmful to prevent adverse effects on the U.S. scientific and academic community.Peter further mentioned the Secure Platform initiative, established under the CHIPS and Science Act of 2022 and funded by the National Science Foundation. With a budget of $67 million, the platform aims to identify foreign threats, enhance research security, and provide training to the academic and business communities. Peter called for engagement with academia in this effort and stressed the importance of educating legislators and stakeholders to foster rational, evidence-based policies. He concluded by advocating for clarity and fairness in research policies to strengthen the U.S. position in global scientific collaboration.A summary for the APA Justice monthly meeting on November 18, 2024, is being prepared. It will be posted at https://bit.ly/3kxkqxP upon completion.***** NOTE: Judith Teruya has been appointed Executive Director of CAPAC which will be chaired by Rep. Grace Meng in the 119th Congress. Judith has been a Senior Advisor at the White House Initiative on Asian Americans, Native Hawaiians, and Pacific Islanders. She has also served as a Designated Federal Officer for the President's Advisory Commission on Asian Americans, Native Hawaiians, and Pacific Islanders. We thank Nisha Ramachandran and Casey Lee for their many years of dedicated service at CAPAC. News and Activities for the Communities 1. APA Justice Community Calendar Upcoming Events: 2025/01/05 Rep. Gene Wu's Town Hall Meeting2025/01/06 APA Justice Monthly Meeting2025/01/15 Master Class: Maintaining the Effectiveness of Organizational Equity Initiatives in the Current Environment2024/01/16 Master Classes: Asian American Career Lessons2025/01/19 Rep. Gene Wu's Town Hall Meeting2025/02/02 Rep. Gene Wu's Town Hall Meeting2025/02/13-15 2025 AAAS Annual Meeting2025/02/16 Rep. Gene Wu's Town Hall MeetingVisit https://bit.ly/3XD61qV for event details. 2. Call for Action Combatting Discrimination and Bias at NeurIPS 2024 On December 16, 2024, a coalition led by the Association of Chinese Scholars in Computing (ACSIC 北美计算机华人学者协会) posted an open letter to the Neural Information Processing Systems (NeurIPS) Board, 2024 Organizing Committee, and NeurIPS Community in change.org , expressing serious concerns regarding statements made by Dr. Rosalind Picard from the MIT Media Lab during her keynote talk at the 38th NeurIPS annual conference.According to the open letter, NeurIPS has a long and respected history of fostering a community that is rich in diversity and collaboration. Researchers, students, and professionals of Chinese origin, among many others, made valuable contributions to the community and society. We must work towards creating an environment that fosters an inclusive environment.However, during the 2024 NeurIPS Conference, Dr. Picard singled out Chinese scholars when discussing academic dishonesty. When an attendee expressed concerns about this during Q&A, Dr. Picard’s response further raised concerns that her words feed into harmful and unfounded stereotypes and racial bias against scholars of Chinese origin.The open letter recommended four actions to the NeurIPS Board. On December 18, 2024, Dr. Picard issued a statement, stating that " While I became aware at the end of my talk that I had caused significant pain, I have learned over these past days the depth of the damage I did. I have talked directly with students and faculty colleagues at MIT who are of Chinese descent and who have suffered horrible prejudice and mistreatment, and I am arranging to meet with other members of our Chinese community at MIT to learn more about what they are experiencing. For all of you in our community who are hurting because of my actions, I am deeply sorry for having caused you this additional pain. " Read the coalition letter at https://bit.ly/3DrfIR9 . Read Dr. Picard's statement: https://bit.ly/4gNRDm7 . # # # 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 December 23, 2024 Previous Newsletter Next Newsletter

August 12, 2019 Science and South China Morning Post reported on a joint statement condemning ‘racial profiling’ of Chinese students and scholars over spying fears on August 12, 2019. The statement was co-signed by a broad coalition of over 20 higher education, free expression, and public advocacy organizations. About half of them are Asian American groups, including AAUC, APABA-PA, APAPA, CACA, CBA, CAA, OCA, OCAA, UCA and 80-20. The coalition warns that even with growing suspicion of Chinese espionage in higher education, the FBI and other law enforcement agencies threaten academic freedom and due process if they engage in surveillance of students and scholars based on their national origin. The joint statement “advise[s] universities to zealously safeguard their independence—to maintain their commitment to academic freedom, to uphold the principle of due process, and to respect the privacy rights of students and faculty, no matter their national origins.” Signatories write: “The pursuit of scientific knowledge should be advanced under conditions of intellectual freedom without political or ideological restrictions.” Previous Next Coalition Cautions FBI Against Unwarranted Monitoring of Chinese Scholars

Franklin Tao 陶丰 Docket ID: 2:19-cr-20052 District Court, D. Kansas Date filed: Aug 21, 2019 Date ended: January 18, 2023 10th Circuit Appeals Court Appellate Case 23-3013 Acquittal: July 11th, 2024 Table of Contents Overview 2019/08/21 Indictment and Pre-trial Motions 2022/03/21 Jury Trial to Start After Several Delays 2022/03/21 Jury Trial Lasted 17 Days 2022/09/20 Convictions Reversed 2023/01/18 Sentencing 2024/07/11 Appeal Victory 2025/01/03 Tao v. University of Kansas Community Engagement and Support Photo Album Overview On August 21, 2019, the Department of Justice (DOJ) announced the indictment of Professor Feng “Franklin” Tao (陶丰), a professor at Kansas University for failing to disclose conflict of interest with Fuzhou University in China. Professor Tao was the first academic scientist indicted under the China Initiative. Professor Tao was born in China and moved to the U.S. in 2002. He earned his doctorate’s degree from Princeton University and worked at the University of California-Berkeley and Notre Dame before August 2014, when he was hired as a tenured associate professor at the University of Kansas’ Center for Environmentally Beneficial Catalysis. The center conducts research on sustainable technology to conserve natural resources and energy. The jury trial was delayed several times. The government added the second superseding indictments on June 24, 2020, bringing the total to 10 counts of wire fraud and making false statements. In full support of Professor Tao, the community submitted amicus briefs, organized rallies, and raised legal defense funds. A jury trial started on March 21, 2022. Professor Tao was found guilty on three wire-fraud counts and one false-statement count but acquitted him on four other counts. On September 20, 2022, U.S. District Court Senior Judge Julie Robinson reversed the three counts of wire fraud convictions and acquitted Professor Tao. On January 18, 2023, U.S. District Court Senior Judge Julie Robinson handed down the lightest possible sentence on the last conviction of making false statement against Professor Franklin Tao with no jail time, no fine, and 2 years of probation. Professor Tao appealed. On September 21, 2023, the 10th Circuit Appeals Court held a hearing in Denver, Colorado, on Professor Tao’s appeal to overturn the lone conviction. On July 11, 2024, the Appeals Court on a 2-1 vote ruled that prosecutors offered insufficient evidence at trial to support the sole remaining count on which jurors convicted Professor Tao in 2022. Professor Tao was acquitted of the last charge, bringing an end to his five-year ordeal of criminal persecution. [jump to menu] 2019/08/21 Indictment and Pre-trial Motions On August 21, 2019, the Department of Justice (DOJ) announced the indictment of Professor Feng “Franklin” Tao (陶丰), a professor at Kansas University (KU) for failing to disclose conflict of interest with Fuzhou University in China. He was charged for four counts of program and wire fraud. Professor Tao has been an associate professor and researcher at the Center for Environmentally Beneficial Catalysis (CEBC) since August 2014. He was conducting research under two Department of Energy (DOE) contracts and four National Science Foundation (NSF) contracts. If convicted, Professor Tao faced up to 20 years in federal prison and a fine of up to $250,000 on the wire fraud count, and up to 10 years and a fine up to $250,000 on each of the three program fraud counts. On November 17, attorneys for Professor Tao filed a motion to dismiss the case. It revealed that the government’s investigation into Dr. Tao grew out of fabricated allegations by a disgruntled, unpaid visiting scholar at KU, who, after failing to extort Dr. Tao for $300,000, later admitted to the FBI that she hacked into Dr. Tao’s email account to fish for “evidence” she could provide to the FBI and then, using phony aliases, fabricated complaints to both KU and the FBI regarding Dr. Tao. The motion stated that Dr. Tao never accepted a teaching position in China and, therefore, he had no obligation to make any disclosure to KU. Dr. Tao’s Conflict of Interest form was completely accurate when he represented that he had no conflict that would interfere with his teaching responsibilities at KU, and it would have been false had he certified otherwise. Five additional arguments were provided to support the motion to dismiss. On January 6, 2020, the federal judge delayed ruling on the motion to dismiss. Government attorneys said they planned to file a superseding indictment. On January 15, 2020, Government attorneys filed the first superseding indictment of two counts of wire fraud and one count of program fraud. On June 24, 2020, Government attorneys filed the second superseding indictment of seven counts of wire fraud and three counts of false statement. On August 14, 2020, attorneys for Professor Tao filed two motions with attachments to dismiss the second superseding indictment, arguing that the government seeks to use Tao’s prosecution as a potential new model for DOJ to prosecute professors “without having to produce evidence of intellectual property theft or export control violations.” The prosecution of Dr. Tao ensnared in a U.S. government crackdown on Chinese economic espionage and trade secret theft opens the door to criminalizing workplace disagreements. The motion takes aim at the broader China Initiative announced by DOJ in 2018 to counter the threat of Chinese espionage and intellectual property theft, including on American college campuses. Since then, federal prosecutors have charged Chinese academics across the country of failing to disclose foreign sources of funding and lying about their links to China. “The Department of Justice is not the Ministry of Truth, and it lacks authority to regulate routine, private miscommunications between employees and employers regarding employee activities,” the motion says. “If the Court permits this Indictment to proceed to trial, it would open the floodgates to a vast range of federal prosecutions for garden-variety employment disputes that otherwise would have, at most, subjected the employee to administrative discipline at work,” they added. “This government overreach would not be limited to university professors.” On August 20, 2020, Asian Americans Advancing Justice – AAJC and Asian Americans Advancing Justice – Asian Law Caucus filed an amicus brief in support of Professor Tao and opposes the government’s increased efforts to target and racially profile Asian American scientists and researchers. The amicus brief addresses the government’s broad campaign to scrutinize and target Chinese American scientists and researchers and discusses how the government’s xenophobic and overzealous prosecutions does real harm to the individual lives of Chinese and Asian Americans and immigrant communities. The government has been mounting a broad campaign scrutinizing and targeting Chinese American scientists and researchers through the China Initiative. Fueled by xenophobia, the China Initiative was adopted by the Department of Justice in 2018 for the purported purpose of combating economic espionage. The China Initiative is part of the latest wave of xenophobia against Chinese and Asian Americans and follows a long history of Asian Americans and immigrants being criminalized, stereotyped as “perpetual foreigners,” scapegoated, and profiled as spies disloyal to the United States. On November 2, 2020, U.S. District Court Senior Judge Julie Robinson denied the motion to dismiss the Second Superseding indictment. On November 28, 2020, a GoFundMe campaign was started to raise legal defense funds for Professor Tao. References and Links 2020/11/28 GoFundMe: Legal Defense Fund for Franklin Tao 2020/11/02 AP: Judge refuses to dismiss charges against Kansas researcher 2020/11/02 USA v Tao 2:19-cr-20052: (Doc. 99) Memorandum and Order 2020/08/21 Chemical & Engineering News: University of Kansas chemist Feng ‘Franklin’ Tao’s attorneys move to dismiss charges for fraud and false statements 2020/08/21世界日报: 亞裔民權機構：未披露與中國大學關係不算商業間諜 2020/08/21 AsAmNews: Amicus Brief from Asian American Civil Rights Groups Alleges Federal Government Racially Profiles Asian American Researchers, Scientists 2020/08/20 Advancing Justice | AAJC: United States v. Tao Amicus Brief 2020/08/14 AP: Filing: Kansas prof’s prosecution criminalizes job disputes 2020/08/14 USA v Tao 2:19-cr-20052: (Doc. 83) Memorandum of Dr. Franklin Tao in Support of His Motion to Dismiss The Second Superseding Indictment Due to The Government’s False, Misleading, and Prejudicial Statements to The Grand Jury 2020/08/14 USA v Tao 2:19-cr-20052: (Doc. 82) Memorandum of Dr. Franklin Tao in support of His Motion to Dismiss The Second Superseding Indictment for Failure to State an Offense and Lack of Venue 2020/07/02 Chemical & Engineering News: Revised charges filed against University of Kansas chemist Feng ‘Franklin’ Tao 2020/06/24 USA v Tao 2:19-cr-20052: (Doc. 75) Second Superseding Indictment 2020/01/24 Chemical & Engineering News: New charges filed against University of Kansas chemist Feng “Franklin” Tao 2020/01/15 USA v Tao 2:19-cr-20052: (Doc. 50) Superseding Indictment 2020/01/06 AP: Judge mulls fate of US researcher who denies Chinese work 2019/11/20 Washington Post: Accused of fraud, Kansas researcher denies working for a Chinese university as he fights federal charge 2019/11/18 AP: Kansas researcher denies working for Chinese university 2019/11/17 USA v Tao 2:19-cr-20052: (Doc. 30) Motion to Dismiss The Indictment 2019/11/17 Wall Street Journal: U.S. Struggles to Stem Chinese Efforts to Recruit Scientists 2019/09/18 Law360: Professor’s Case Draws Hard Line On Foreign Conflicts 2019/08/22 Financial Times中文网: US indicts Chinese professor over alleged lack of disclosure 2019/08/21 Reuters: U.S. charges Kansas researcher over ties to Chinese university 2019/08/21 KMBC9 News: KU researcher charged with failing to disclose conflict of interest with Chinese university 2019/08/21 Bloomberg: U.S. Says Scientist Hid Job in China. Web Search Tells Otherwise 2019/08/21 USA v Tao 2:19-cr-20052: (Doc. 1) Sealed Indictment 2019/08/21 Department of Justice: University of Kansas Researcher Indicted for Fraud for Failing to Disclose Conflict of Interest with Chinese University [jump to menu] 2022/03/21 Jury Trial to Start After Several Delays On August 21, 2021, attorneys for Professor Tao motioned for a hearing and to suppress evidence resulting from two unlawful search warrants obtained using false and misleading affidavits. According to a Washington Post on August 24, 2021, FBI agent Stephen Lampe knowingly used false information from an informant to obtain warrants to search Tao’s emails, computers, home and office. The motion says Lampe deliberately withheld information that would undercut the informant’s credibility and the reliability of the evidence. On September 9, 2021, U.S. District Court Senior Judge Julie Robinson struck down the defense’s motion and set a trial date of October 25, 2021. On October 21, 2021, the jury trial set for October 25, 2021, was canceled. On November 23, 2021, attorneys for Professor Tao filed an opposition to the Government’s motion for Rule 15 depositions and objection to continued trial date. The Court has granted the government’s motion to continue the October 25, 2021 trial date, then December 6, 2021, and subsequently to April 18, 2022. On December 20, 2021, Judge Robinson reset the trial date to March 21, 2022. On January 27, 2022, Judge Robinson excluded expert testimony in the upcoming trial of Professor Tao on the grounds it risks fanning anti-Chinese sentiment, The expert witness in question was Dr. Glenn Tiffert. While Judge Robinson agreed Dr. Tiffert's testimony might be relevant and helpful, she said any testimony about the Chinese government’s efforts to acquire foreign technology to further its industrial policy objectives “risks misleading the jury into thinking this case is actually an economic espionage or theft of trade secrets case.” “But this is not an espionage prosecution,” Judge Robinson continued, “and the Government may not color the trial with national security overtones. This testimony also poses a significant risk of stoking Sinophobia, especially given that Defendant, who is Chinese, faces trial amid increasing reports of anti-Asian discrimination and violence since the outbreak of the COVID-19 pandemic — and evoking exactly the kind of negative emotional response that might ‘lure the [jury] into declaring guilt on a ground different from proof specific to the offense charged.’” On February 7, 2022, the Government motioned to dismiss one count of wire fraud and one count of false statement from the Second Superseding Indictment, leaving a total of eight counts. The motion was unopposed. References and Links 2022/02/07 USA v Tao 2:19-cr-20052: (Doc. 219) Government’s Motion to Dismiss Counts Three and Eight of The Second Superseding Indictment (Doc. 75) 2022/01/28 KCUR/NPR: Judge deals blow to government’s case against KU professor accused of concealing Chinese ties 2022/01/27 Politico: Judge limits testimony at trial of professor accused of hiding Chinese ties 2022/01/27 USA v Tao 2:19-cr-20052: (Doc. 215) Memorandum & Order 2021/11/23 USA v Tao 2:19-cr-20052: (Doc. 199) Dr. Franklin Tao’s [Redacted] Opposition to The Government’s Motion for Rule 15 Depositions and Objection to Continued Trial Date. 2021/10/21 Mother Jones: Has the DOJ’s Campaign to Root Out Chinese Spies on College Campuses Gone Too Far? 2019/09/09 USA v Tao 2:19-cr-20052: (Doc.145) Trial Order 2019/09/09 USA v Tao 2:19-cr-20052: (Doc. 144) Order Striking Notice of Clarification 2021/08/24 Washington Post: Kansas professor says FBI misled court in alleging hidden ties to Chinese government 2019/08/21 USA v Tao 2:19-cr-20052: (Doc.127) Motion for Franks Hearing and To Suppress Evidence Resulting from Two Unlawful Search Warrants Obtained Using False and Misleading Affidavits 2021/08/15 侨报网: 又一被控华裔教授叫屈！陶丰律师指FBI误导法官 2021/01/28 《美南日报》: 陶峰教授即將與司法部對簿公堂 2021/01/22 United Chinese Americans: 陶峰即将与司法部对簿公堂 [jump to menu] 2022/03/21 Jury Trial Lasted 17 Days Although the Department of Justice (DOJ) ended the China Initiative in February 2022, it did not end the prosecution of Professor Tao, the first academic indicted under the initiative. It highlighted how problematic and damaging the China Initiative was. Professor Tao was not going on trial for spying or handing sensitive information to China. He was charged with fraud and making false statements - essentially, failure to disclose affiliations with a Chinese university and a government-run talent program. The trial was held at the Robert J. Dole Courthouse in Kansas City, Kansas. Defense lawyer Peter Zeidenberg said during his opening statement that the defense team would focus on what they said was a rush to prosecution without a deeper look at the evidence. He mentioned a former graduate student of Professor Tao’s who allegedly took revenge for a perceived slight by submitting a false report under assumed identities claiming that Professor Tao was a tech spy. Professor Tao was charged with six counts of wire fraud and two counts of making false statements, not espionage. The judge limited mention of the China Initiative in the trial. There were still some media reports that produced misleading headlines and contents, including the Kansas Public Radio. On April 5, 2022, lawyers made their final arguments, and the jurors began deliberations the next day. In closing arguments recapping more than two weeks of testimony, lawyers drilled down on points they have made since the beginning of the case. Prosecutors reviewed a long list of emails, recorded phone conversations and other evidence, saying Tao sought to hide a full-time research job with Fuzhou University that should have been disclosed to the National Science Foundation and the Department of Energy, the granting agencies, as well as to KU. One of Tao’s defense attorneys, Peter Zeidenberg, argued that the government had fallen far short of proof beyond reasonable doubt. “In almost three years of investigation, two weeks of evidence, twenty-eight government witnesses and hundreds and hundreds of exhibits and not one word about loss.” Grants go directly to the university and not to professors, a fact Zeidenberg said FBI investigators failed to learn. “The government wants you to believe Dr. Tao lied and cheated,” he said, noting the money benefited KU.“ Then he worked sixteen hours a day on those grants. What kind of a fraud scheme is that?” Zeidenberg said the government failed to show any false statements were made to granting agencies and that in fact the grants applications were submitted before the job at Fuzhou was offered. Tao was not required to report pending grants, he said. Moreover, the Fuzhou affiliation was listed publicly on progress reports on three of Tao’s papers, he said. Zeidenberg also faulted the FBI investigation that led to Tao’s arrest. The agency took the word of a woman who accused Tao of being a tech spy after trying to extort him, he said. “They pinned their ears back and put their blinders on and focused on getting Dr. Tao,” rather than doing basic research about how the grant process works, Zeidenberg said. “The government is apparently unwilling or unable to acknowledge or admit they made a huge mistake here.” On April 7, 2022, the jury found Professor Tao guilty of four of the eight counts against him – three counts of wire fraud and one count of making a false statement. References and Links 2022/04/22 JDSupra: After Researcher's Conviction on Some Counts, Attorney Chides Universities, Sees 'No Harm' 2022/04/14 Science: Why a judge might overturn a guilty verdict against a U.S. scientist for hiding China ties 2022/04/13 New Yorker: An Uncertain Future for a Chinese Scientist Accused of Espionage 2022/04/11 Inside Higher Ed: A Verdict, but No Clear Victory, for the China Initiative 2022/04/08 Nature: Jury finds University of Kansas chemical engineer guilty of hiding ties to China 2022/04/07 KMBC: Federal jury convicts KU professor Feng “Franklin” Tao on four counts of wire fraud 2022/04/07 Law360: Prof. Convicted Over China Ties But Judge To Review Verdict 2022/04/07 Reuters: University of Kansas professor convicted of concealing China ties 2022/04/07 C&EN: Breaking: University of Kansas chemist Feng “Franklin” Tao found guilty over China interactions 2022/04/07 KCUR/NPR: University of Kansas professor charged under Trump-era initiative convicted of wire fraud 2022/04/07 Science: Kansas chemistry professor found guilty of hiding ties to China 2022/04/07 NPR: A jury finds a Kansas scholar guilty of fraud and hiding ties to China 2022/04/06 C&EN: Daily updates: Trial continues for University of Kansas chemist Feng “Franklin” Tao over China interactions 2022/04/05 KCUR/NPR: Case of University of Kansas professor accused of concealing China ties goes to the jury 2022/04/05 Law360: Kansas Professor Says FBI Cut Corners In China Ties Case 2022/04/04 AP: Kansas researcher to mount defense over China ties at trial 2022/04/02 KCUR/NPR: Defense will put on its case in closely watched trial of KU professor accused of wire fraud 2022/04/01 UCA|北美新视界: 陶丰教授首周庭审结束，检方证人无法拿出不利证据 2022/03/22 KCUR/NPR: Prosecutors accuse KU professor of leading 'double life' in trial over concealing China ties 2022/03/22 AP: Kansas researcher accused of secret China work goes to trial 2022/03/22 北美新视界: 陶丰教授庭审首日选出陪审团 2022/03/21 NPR: Arrested under a Trump-era China initiative, Franklin Tao heads to trial 2022/03/21 C&EN: Trial starts for University of Kansas chemist Feng “Franklin” Tao over China interactions 2022/03/21 Nature: High-profile trial begins for chemical engineer accused of hiding China ties 2022/03/21 Inquirer.net: Anti-Asian xenophobia – the next wave 2022/03/21 WMBC: Federal trial begins for KU professor accused of lying to university 2022/03/21 Kansas Reflector: KU professor accused of fraud under China Initiative goes to criminal trial 2022/03/14 New Yorker: Have Chinese Spies Infiltrated American Campuses? 2022/09/20 Convictions Reversed On September 20, 2022, U.S. District Court Senior Judge Julie Robinson ruled on the defense motion filed in April 2022 for judgment of acquittal and alternative motion for a new trial. Judge Robinson reversed the conviction of three wire fraud charges against Professor Tao. She sustained the conviction of one count of making a false statement and denied the motion for a new trial. Judge Robinson said in her ruling, “Viewing the evidence in the light most favorable to the Government, the Court finds that the evidence was legally and factually insufficient to support Tao’s wire fraud convictions. Though Tao was deceptive in not disclosing his activities at FZU, there was no evidence that Tao obtained money or property through the alleged scheme to defraud, as required under the wire fraud statute. During the time period of the alleged scheme to defraud, Tao continued to rightfully receive his salary from KU for his services and continued to successfully perform the research required by DOE and NSF under their research grants. But there was sufficient evidence supporting the jury’s guilty verdict on the false statement count. Tao made a false statement in certifying to the truth and completeness of the September 2018 Institutional Responsibilities form he submitted to KU. Further, there is no basis for a new trial on the false statement count.” On September 22, 2022, sentencing for the false statement conviction was set for January 18, 2023. On October 19, 2022, the Government appealed to the 10th Circuit Appeals Court granting the acquittal of three counts of wire fraud. On November 28, 2022, the Government motioned for voluntary dismissal of its appeal. It was granted unopposed. References and Links 2022/11/28 USA v Tao 2:19-cr-20052: (Doc. 315) Order to Dismiss the Government's Appeal 2022/10/19 USA v Tao 2:19-cr-20052: (Doc. 309) Government’s Notice of Appeal 2022/09/29 The National Law Journal: The China Initiative May Have Finally Died—Killed Not by DOJ but the Courts 2022/09/22 Nature: Convictions reversed for US chemical engineer accused of hiding China ties 2022/09/20 USA v Tao 2:19-cr-20052: (Doc. 307) Judgment of Acquittal 2022/09/20 USA v Tao 2:19-cr-20052: (Doc. 306) Memorandum and Order 2022/04/21 USA v Tao 2:19-cr-20052: (Doc. 286) Dr. Franklin Tao’s Renewed Motion for Judgment of Acquittal and Alternative Motion for a New Trial 2023/01/18 Sentencing On January 18, 2023, U.S. District Court Senior Judge Julie Robinson sentenced Professor Tao to time served and two years of probation for the lone conviction of making a false statement. She did not impose a fine. Prosecutors had sought a prison sentence of two and a half years. In announcing the sentence, Judge Robinson said prosecutors had presented no evidence during the trial that Professor Tao received any money for his work in China, which is required for a wire fraud conviction. She said when the trial started, she expected to hear evidence that Professor Tao’s deceptions caused financial loss and that he shared important research with Chinese officials at the expense of U.S. taxpayers and the three institutions. Rather, the evidence showed that Professor Tao continued fulfilling his duties to the University of Kansas while in China by working 70-hour weeks and pushing his students at Kansas to do the same. And she noted he was doing fundamental research that is freely shared across the scientific community. “This is not an espionage case ... If it was, they presented absolutely no evidence that was going on,” Judge Robinson said. “Believe me, if that was what was going on, it would have been a much different sentence today.” Professor Tao’s attorney, Peter Zeidenberg, said he will appeal Tao’s remaining conviction. Professor Tao served a week in prison after his arrest in 2018 and has worn an electronic monitoring while having his travel restricted since then. His attorneys said the case destroyed his reputation, his family’s financial stability and his distinguished career. References and Links 2023/01/20 Inside Higher Ed: Probation, Not Prison, for Researcher in China Initiative Case 2023/01/19 Yahoo News: Judge rules no jail time for University of Kansas researcher accused of secret China work 2023/01/19 Nature: US chemical engineer avoids prison after conviction for hiding ties to China 2023/01/18 Science: No jail time for Kansas professor convicted for undisclosed research ties to China 2023/01/19 VOA: Former Researcher Avoids Prison in China-Related Probe From Trump Era 2023/01/18 Reuters: Kansas researcher avoids prison in blow to Trump-era China-related probe 2023/01/18 AP News: Kansas researcher given time served in China-related case 2023/01/18 C&EN: Chemist Feng “Franklin” Tao sentenced to time served 2024/07/11 Appeal Victory On July 11, 2024, the Tenth Circuit Court of Appeals in Denver overturned the lone conviction of Professor Tao for making a false statement related to work he was doing in China. The Appeals Court ruled in a 2-to-1 decision, “We reverse his conviction … and agree with Tao that the government offered insufficient evidence for a rational jury to find that his statement to his employer was material to any DOE or NSF decision” affecting the status of his grants. U.S. Circuit Judge Nancy Moritz wrote for the majority. Professor Tao said in a statement issued by United Chinese Americans (UCA) after the appeal victory, "Today, I come to you with a mix of heavy and joyous feelings to update you on the outcome of our four-year struggle. The Tenth Circuit Court has removed the last remaining charge against me. These four years of fighting against ten baseless charges have been an unimaginable battle. Without the just legal assistance of our lawyers, Peter Zeidenberg and Mike Dearington, I could not have achieved today's victory. "I want to express my gratitude to our Chinese and Asian communities (including UCA, AAJC, Committee 100, APA Justice, Asian American Scholar Forum, CALDA, AFI, OCAA...) and the many Chinese friends who supported me. I am especially thankful for UCA's continued support and encouragement over these years. Special thanks go to UCA President Haipei Shue and his team for their tremendous support. Without President Shue's personal encouragement and support, we could not have fought to this day!" 各位华人朋友们， 今天我怀着极其沉重而高兴的心情来向你们更新这四年以来奋力抗争的结果。今天第十巡回法庭将最后一个强加在我身上的最后一个罪状去掉了。这四年来，对这十个毫无根据的罪状的抗争是一场令人难以想象的斗争。没有我们的律师Peter Zeidenberg and Mike Dearington 正义的法律援助， 我不可能得到今天的胜利。我要感谢，我们华人和亚裔团体（包括UCA, AAJC, Committee 100, APA Justice, Asian American Scholar Forum, CALDA, AFI, OCAA….）和众多华人朋友的支持。我要感谢UCA对我在这几年的持续支持和鼓励。我特别感谢UCA薛海培会长及其团队的鼎力支持。没有薛会长亲力亲为的鼓励和支持，我们不可能抗争到到今天！ 陶丰 References and Links 2024/08/13 South China Morning Post: Why the spectre of another Trump term haunts China-born scientists in the US 2024/08/07 USA v Tao 2:19-cr-20052: (Doc. 356) Amended Judgment of Acquittal 2024/07/22 Chemistry World: Chinese-born chemist cleared of last conviction under US’s espionage probe 2024/07/17 AsAmNews: Court overturns Dr. Feng ‘Franklin’ Tao’s conviction under China initiative 2024/07/13 AP: Court voids last conviction of Kansas researcher in case that started as Chinese espionage probe 2024/07/12 星岛环球网: “中国计划”首位被起诉华人学者，堪萨斯大学副教授陶丰上诉得直 2024/07/12 世界新聞網: 缠讼4年 中国行动计划首位起诉教授陶丰 10控罪全撤销 2024/07/12 Science: Court exonerates Kansas professor in China research fraud case 2024/07/12 Kansas Reflector: Federal appellate court tosses final conviction in case against former tenured Kansas professor 2024/07/11 俄州亚太联盟: 罪名被推翻，陶峰教授赢了！ 2024/07/11 美國華人聯盟 UCA: 快讯 | 华裔学者陶丰胜诉，联邦上诉法院推翻定罪 2024/07/11 Reuters: Kansas researcher wins reversal of conviction in Trump-era China probe 2022/02/14 USA v Tao 2:19-cr-20052: (Doc. 222) Order [jump to menu] 2025/01/03 Tao v. University of Kansas (2:25-cv-02005) On January 3, 2025, Profssor Tao filed a civil rights employment discrimination lawsuit titled Tao v. University of Kansas (Case No. 2:25-cv-02005) in the U.S. District Court for the District of Kansas. References and Links CourtListener: Tao v. University of Kansas (2:25-cv-02005) 2025/03/02 New York Times: Professor, Scrutinized for Ties to China, Sues to Get His Job Back Community Engagement and Support The communities were mobilized and engaged from the first day of Professor Tao’s indictment. On August 21, 2019, the day of DOJ’s indictment, Bloomberg conducted a web search and published the first media report on Professor Tao’s case by fact-checking some of the allegations of the indictment. On September 9, 2019, APA Justice convened a regular conference call (those were days before the use of Zoom) to inform concerned individuals and organizations about the indictment of Professor Tao. On August 20, 2020, Advancing Justice | AAJC and Advancing Justice | ALC filed an amicus brief in United States v. Feng "Franklin" Tao, providing significant evidence of racial profiling against Asian American and immigrant scientists and researchers. On November 28, 2020, a GoFundMe campaign was set up for a legal defense fund for Professor Tao. Almost 6,000 donations have been made so far. When the jury trial date was set to start on December 6, 2021, a turnout campaign was being organized to support Professor Tao in Kansas City, Kansas On January 18, 2023, supporters of Professor Tao gathered in the cold wind and rain outside the Robert J. Dole Federal Courthouse as he was sentenced for the lone conviction of making a false statement. On September 21, 2023, over 30 community members came from across the country to show their support for Professor Tao by attending the hearing to overturn the lone conviction, which was held by the 10th Circuit Appeals Court in Denver, Colorado. References and Links 2024/07/24 South China Morning Post: Chinese-born scientist in US tells of ‘fear and desperation’ from Trump-era convictions 2024/07/17 Asian American Scholar Forum: AASF Celebrates Dr. Franklin Tao’s Appeal Victory 2024/07/17 Advancing Justice | AAJC: Asian Americans Advancing Justice – AAJC Commends Decision Overturning Conviction of Dr. Feng “Franklin” Tao Under the ‘China Initiative’ 2023/09/20 Asian American Scholar Forum: Important Reminder, New Time & Virtual Option Available for Dr. Tao's Appeal 2023/01/18 Kansas Reflector: Advocates gather to support former University of Kansas professor following his sentencing 2022/03/20 俄州亚太联盟: 紧急呼吁声援陶丰教授赢得司法公正，周一开庭 2022/03/19 北美新视界: 开庭在即 紧急呼吁声援陶教授赢得司法公正 2022/03/16 Asian and Asian-American Faculty & Staff Council at University of Kansas: Statement on Franklin Tao's Trial 2022/03/04 CALDA: CALDA捐款声援陶丰教授，众人合力再战美国政府！ 2022/03/03 UCA: 陶丰负债累累即将开庭 陈刚挺身而出呼吁募捐 2021/08/15 侨报网: 又一被控华裔教授叫屈！陶丰律师指FBI误导法官 2021/01/28 《美南日报》: 陶峰教授即將與司法部對簿公堂 2021/01/22 United Chinese Americans: 陶峰即将与司法部对簿公堂 2020/11/28 GoFundMe: Legal Defense Fund for Franklin Tao 2020/08/21世界日报: 亞裔民權機構：未披露與中國大學關係不算商業間諜 2020/08/20 Advancing Justice | AAJC: United States v. Tao Amicus Brief 2019/08/21 Bloomberg: U.S. Says Scientist Hid Job in China. Web Search Tells Otherwise https://asamnews.com/2024/07/17/feng-franklin-tao-university-professor-kansas-overturned-conviction/ www.stnn.cc “中国计划”首位被起诉华人学者，堪萨斯大学副教授陶丰上诉得直 | 星岛环球网 美国上诉法庭第十巡回庭昨就堪萨斯大学副教授陶丰“虚假陈述”陪审团定罪的上诉进行裁决，认为此项罪名不成立，判地区法院取消这项罪名。 https://bit.ly/46Rf5es Previous Item Next Item

Newsletter - #87 ALERT on Baylor; "China Initiative;" House Hearing/UTK Webinar; San Jose Apologizes #87 ALERT on Baylor; "China Initiative;" House Hearing/UTK Webinar; San Jose Apologizes Back View PDF October 1, 2021 Previous Newsletter Next Newsletter

Newsletter - #27 Biden-Harris Elected; Second Webinar On Science Policy; Upcoming Events​ #27 Biden-Harris Elected; Second Webinar On Science Policy; Upcoming Events Back View PDF November 9, 2020 Previous Newsletter Next Newsletter

Newsletter - #9 Anti-Racial Profiling Actions; Future Of U.S. Science Paper #9 Anti-Racial Profiling Actions; Future Of U.S. Science Paper Back View PDF August 12, 2020 Previous Newsletter Next Newsletter

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 - #109 Gang Chen Speaks Out; 01/30 Webinar; "We Are All Gang Chen;" End "China Initiative"+ #109 Gang Chen Speaks Out; 01/30 Webinar; "We Are All Gang Chen;" End "China Initiative"+ Back View PDF January 27, 2022 Previous Newsletter Next Newsletter

China Initiative: Past and Present 中国行动的前世今生 2025 MSU China Initiative Wednesday, March 12, 2025 A virtual discussion on the life and afterlife of the China Initiative, a Trump Administration program that has used racial profiling and fears of espionage to target Asian American scholars and researchers for investigation. Lok Siu presentation Jeremy Wu presentation The webinar was not recorded. 20250312 China Initiative_APAS.png 20250312 Wu & Siu Bios.png Previous Item Next Item

The Congressional Asian Pacific American Caucus issued a Messaging Guidance on Rhetoric and Anti-Asian Hate to the U.S. House of Representatives. July 16, 2021 On July 16, 2021, the Congressional Asian Pacific American Caucus (CAPAC) issued a Messaging Guidance on Rhetoric and Anti-Asian Hate to all members of the U.S. House of Representatives. The letter states that "[t]ime and time again history has taught us the horrific impact xenophobic rhetoric can have on Asian Americans. This is reason enough to end the use of rhetoric that stokes hatred. But it is notable that this type of rhetoric isn’t only dangerous to Asian Americans, it’s harmful to the United States’ long-term interests. Our country faces global security challenges such as climate change, supply chain disruption, and nuclear proliferation that require collaborative bi-lateral and multi-lateral solutions. Our leaders’ use of xenophobic rhetoric undermines our ability to work with other countries to pursue those solutions." 2021/07/16 CAPAC: Messaging Guidance on Rhetoric and Anti-Asian Hate The Congressional Asian Pacific American Caucus issued a Messaging Guidance on Rhetoric and Anti-Asian Hate to the U.S. House of Representatives. Previous Next CAPAC Issues Messaging Guidance on Anti-Asian Hate

Newsletter - #161 Franklin Tao; National Strategy; House Committees; Texas Bill; Asian Student Stabbed​ #161 Franklin Tao; National Strategy; House Committees; Texas Bill; Asian Student Stabbed In This Issue #161 Breaking News : Feng "Franklin" Tao Sentenced - No Prison and No Fine National Strategy to Advance Equity, Justice, and Opportunity for AANHPI Communities Released House Select Committees Texas Bill Forbids Chinese Nationals from Purchasing Land Indiana University student stabbed in apparent anti-Asian attack Breaking News : Feng "Franklin" Tao Sentenced - No Prison and No Fine Kansas University (KU) Professor Feng "Franklin" Tao 陶丰 was the first academic to be indicted under the now-defunct "China Initiative."Professor Tao was originally charged with eight counts of wire fraud and two counts of false statements. After voluntary dismissals and acquittals by the judge and jury on the other charges, Professor Tao was convicted by jury on one count of false statement. He faced sentencing in federal court in Kansas City, Kansas, on January 18, 2023. According to a report by Science , a federal judge handed down the lightest possible sentence in the U.S. government’s case against Professor Tao. The decision is the latest rejection by U.S. courts of the government’s attempt to prosecute Chinese-born scientists for lapses in reporting their research interactions with China.U.S. District Court Senior Judge Julie Robinson imposed no jail time and no fine for Tao in sentencing him for making a false statement to KU in reporting his ties to Fuzhou University. Government attorneys had requested a 30-month sentence and a fine of $100,000. Tao, who has been on unpaid administrative leave from KU since his arrest in August 2019, faces 2 years of probation, but Robinson said that could be cut in half for good behavior.Speaking from the bench before the sentencing, Robinson made a point of separating Tao’s case from those of alleged economic espionage under the now-defunct "China Initiative," begun in 2018 during the administration of then-President Donald Trump. “This was not an economic espionage case,” Robinson said. Neither was Tao trying to rip off the government, the judge continued. “Frankly, I thought going into this case that I was going to hear evidence … [that Tao] hurt taxpayers,” Robinson said. Instead, the work Tao was doing “is the type of research that is fundamental research … something that is freely shared.”“Dr. Tao is immensely relieved that Judge Robinson agreed that a sentence of time served was appropriate,” his lawyer, Peter Zeidenberg , said in a statement after the sentence was handed down. Zeidenberg said Tao will ask an appellate court to throw out his conviction. Tao is also fighting the university’s efforts to terminate his employment as a tenured professor. Gisela Kusakawa , Executive Director of Asian American Scholar Forum, was in the courthouse and provided live reporting via Tweeter . The courtroom was completely full of concerned community members and academics. There were not enough available seats with folks standing.A GoFundMe campaign to raise legal defense funds for Professor is here: https://bit.ly/2Uj7Z19 Read the Science report at https://bit.ly/3XKRQNr . Read about Professor Tao's case at https://bit.ly/3fZWJvK Another "China Initiative" Case Dropped. On January 16, 2023, CNN reported that Federal prosecutors in Brooklyn moved to dismiss charges against a New York Police Department officer who had been accused of acting as a foreign agent on behalf of the Chinese government. Baimadajie Angwang , a naturalized U.S. citizen of Tibetan ethnicity and a Marine Corps veteran, was charged in September 2020 with acting as a foreign agent for China without notifying American authorities, wire fraud, making false statements and obstruction of an official proceeding. The 2020 arrest was another case brought under the now-defunct "China Initiative.” Read more about the CNN report at https://cnn.it/3XIwbWa National Strategy to Advance Equity, Justice, and Opportunity for AANHPI Communities Released On January 17, 2023, the White House Initiative on Asian Americans, Native Hawaiians, and Pacific Islanders (WHIAANHPI) convened federal government officials and community leaders to mark the release of the Biden-Harris Administration’s first-ever National Strategy to Advance Equity, Justice, and Opportunity for Asian American, Native Hawaiian, and Pacific Islander (AA and NHPI) Communities . At a special virtual event, senior Biden-Harris Administration officials outlined the details of 32 federal agency plans, which build on the Administration’s previous actions to promote safety and equity for AA and NHPIs. Community leaders also discussed additional steps the federal government can take to address critical priorities for AA and NHPI communities, including data disaggregation, language access, and combatting anti-Asian hate.Watch the event here: https://www.youtube.com/watch?v=fKGDADNmzqw (1:54:43) House Select Committees On January 18, 2023, Judge Rep. Grace Meng 孟昭文 , First Vice Chair of the Congressional Asian Pacific American Caucus (CAPAC), issued a statement on the creation of a Select Committee on Strategic Competition between the United States and the Communist Party of China, for which she voted against. "I have concerns with the potential direction that Republicans could take this Select Committee, including using this platform to promote policies and language that endanger Chinese Americans and people of Asian descent living in the U.S. By creating a new committee that focuses only on one country, instead of working with already existing House committees that currently have jurisdiction over the exact same issues, it could lead to unnecessary targeting of Americans of Asian descent living in the U.S. ... My hope is that the Select Committee will avoid past mistakes and instead focus on specific policy concerns related to the government of the People’s Republic of China and our own national interests," said Rep. Meng in the statement. Read Rep. Meng's statement here: http://bit.ly/3XbMiLK On January 12, 2023, NBC News reported "Asian American Democrats jostle for top slot on new GOP China committee." According to the report, Asian American lawmakers are making the case to House Democratic leader Hakeem Jeffries that he should appoint one of their own as the top Democrat on the new GOP-controlled select committee to examine competition between the U.S. and China. Amid a rise in anti-Asian violence spurred by the coronavirus pandemic, they want to make sure the panel is striking the right tone, remaining sensitive to the Asian American and Pacific Islander community and not further fanning the flames of xenophobia. Rep. Judy Chu 赵美心 , D-Calif., the chair of CAPAC, said she has spoken to Jeffries and recommended that Rep. Andy Kim , D-N.J., should be the ranking member. Kim, a former State Department official who later was a national security adviser in the Obama White House, has also spoken with Jeffries, D-N.Y., about the role, he said Thursday. Chu made it clear that she is advocating for Kim in her personal capacity — not on behalf of CAPAC, which held a lengthy meeting about the topic but has not endorsed a specific candidate for the job.At least two other CAPAC members have expressed interest in the ranking member slot: Reps. Raja Krishnamoorthi , D-Ill., a member of the Intelligence Committee, and Ro Khanna , D-Calif., a former Commerce Department official who represents a heavily Asian American district in Silicon Valley. Democrats get seven slots on the committee. Rep. Chu said she has recommended that Jeffries place four CAPAC members on the special panel: Kim, Krishnamoorthi, Khanna and Mark Takano of California, the top Democrat on the Veterans Affairs Committee. Read the NBC News report here: https://nbcnews.to/3XalRpU On January 13, 2023, Science reported "Now in charge, House Republicans launch flurry of investigations." According to the report, the new Republican majority in the U.S. House of Representatives has created three investigative panels: (1) Select Committee on Strategic Competition between the United States and the Chinese Communist Party due to "concerns in both parties that China has used economic espionage to help become a global leader in key high-tech fields, including energy storage, artificial intelligence, and quantum computing“, (2) Select Subcommittee on the Coronavirus Pandemic to "focus on claims, unsupported by evidence, that a laboratory in Wuhan, China, either bioengineered or accidentally released SARS-CoV-2 obtained from bats," (3) Select Subcommittee on the Weaponization of the Federal Government to probe “how executive branch agencies collect, compile, analyze, use, or disseminate information about citizens of the United States, including any unconstitutional, illegal, or unethical activities committed against U.S. citizens.”Read the Science report here: https://bit.ly/3iAdsgt Texas Bill Forbids Chinese Nationals from Purchasing Land According to the Equal Justice Initiative , on May 3, 1913, California enacted the Alien Land Law, barring Asian immigrants from owning land. California tightened the law further in 1920 and 1923, barring the leasing of land and land ownership by American-born children of Asian immigrant parents or by corporations controlled by Asian immigrants.California did not stand alone. Arizona, Arkansas, Florida, Idaho, Kansas, Louisiana, Missouri, Minnesota, Montana, New Mexico, Oregon, Texas, Utah, Washington, and Wyoming all enacted discriminatory laws restricting Asians’ rights to hold land in America. In 1923, the U.S. Supreme Court reviewed various versions of the discriminatory land laws—and upheld every single one. Most of these discriminatory state laws remained in place until the 1950s, and some even longer. On November 13, 2022, Texas Senator Lois Kolkhorst introduced Texas Bill SB 147 on "Relating to the purchase of or acquisition of title to real property by certain aliens or foreign entities." It prohibits not only governmental and certain entities, but also individuals who are citizens of of China, Iran, North Korea, or Russia to purchase or otherwise acquire title to real property in Texas, which includes legal permanent residents. The bill was filed after the Texas legislature unanimously passed the “Lone Star Infrastructure Protection Act” banning all contracts or agreements with foreign-owned companies related to critical infrastructure in Texas. Governor Greg Abbott signed it into law in 2021. Read the Texas SB 147 bill at http://bit.ly/3XEQhQP Indiana University student stabbed in apparent anti-Asian attack On January 15, 2023, the Washington Post and NPR reported that a 56-year-old woman stabbed an 18-year-old Indiana University student while riding a public bus in Bloomington. The suspect told police she stabbed the victim because the victim was "Chinese," adding that it "would be one less person to blow up our country."The suspect, Billie R. Davis has been charged with attempted murder, aggravated battery and battery with a deadly weapon.Security camera footage showed that Davis and the woman had not interacted before the attack. The footage showed Davis stabbing or attempting to stab her about seven times before returning to her seat on the bus. The student received treatment at a Bloomington hospital for several head wounds. Her condition was not released.Since the attack, Asian American students and staff at Indiana University have been grappling with grief, anger, anxiety, and fear, according to Melanie Castillo-Cullather, the director of the school's Asian Culture Center. "This has been a very traumatic experience for our Asian community," Castillo-Cullather told NPR. "We will never forget this."A total of 10,905 hate incidents against Asian Americans and Pacific Islanders were reported between March 19, 2020, and Dec. 31, 2021, according to the advocacy group Stop AAPI Hate. Of them, about 16 percent involved a physical assault. Most happened in public spaces, with about 8 percent of incidents reported taking place on public transportation.Read the Washington Post report https://wapo.st/3Hf3muQ . Read the NPR report https://n.pr/3QRl0bk 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 January 19, 2023 Previous Newsletter Next Newsletter