Newsletter - #338 7/7 Meeting; AAU Wins Ruling; Role of Research Universities; Visa Interview to Restart #338 7/7 Meeting; AAU Wins Ruling; Role of Research Universities; Visa Interview to Restart In This Issue #338 · 2025/07/07 APA Justice Monthly Meeting · US Judge Rules for AAU and Universities · Tony Chan: The Role of Research Universities in a Changing World Order · State Department Restarts Student Visa Interviews with New Rules · 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 welcome and are honored by the following confirmed 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 . US Judge Rules for AAU and Universities (Madeleine Gable, APA Justice Communications Intern, contributed to this report)According to AP News , Reuters and other media reports, U.S. District Judge Indira Talwani of Massachusetts issued a final judgment on June 20, 2025, in favor of Plaintiffs Association of American Universities (AAU), the Association of Public and Land-grant Universities, the American Council on Education, and 13 universities, blocking the National Science Foundation's (NSF) policy change that would have capped indirect costs for research grants at 15%. The judge ruled that the NSF's policy change is "invalid, arbitrary and capricious, and contrary to law."The civil lawsuit Association of American Universities v. National Science Foundation (1:25-cv-11231) was filed on May 5, 2025. AAU and a coalition also brought these lawsuits against the Trump administration with recent rulings: · Association of American Universities v. Department of Health & Human Services (1:25-cv-10346) . On April 4, U.S. District Judge Angel Kelley entered a final judgment and permanent injunction in favor of the Plaintiffs. The Trump administration has filed an appeal. · Association of American Universities v. Department of Energy (1:25-cv-10912) . On May 15, U.S. District Judge Allison Burroughs granted Plaintiffs’ motion for a preliminary injunction , finding that the DOE’s Rate Cap Policy likely violates the Administrative Procedure Act—by taking agency action that conflicts with existing regulation, is arbitrary and capricious, and is impermissibly retroactive—and poses a risk of irreparable harm to research institutions. AAU is an organization of leading research universities in the U.S. and Canada, founded in 1900 to promote academic excellence and influence national higher education and research policy. Its members conduct a significant share of the nation’s research and are central to advancing innovation, economic development, and scientific leadership. Toby Smith , Senior Vice President for Government Relations & Public Policy at AAU, will speak at the APA Justice monthly meeting on July 7, 2025.***** WP Opinion: Trump is Undermining U.S. Science On June 18, 2025, the Washington Post published an opinion authored by Neal Lane , physicist and former director of the National Science Foundation (NSF), and Michael Riordan , physicist and author, warning that the Trump administration’s reckless and erratic actions toward U.S. science are placing the nation at serious risk. The authors urge Congress to immediately reassert its statutory authority over National Science Foundation (NSF) funding, direction, and management in order to support and uphold the future of U.S. science, technology, economic well-being, and national security.Established in 1950, the NSF originally focused on basic research in the physical sciences, only experiencing a burst of political support and funding after the launch of the Soviet Union’s Sputnik I satellite in 1957. Throughout its tenure, the agency has contributed to the development of the internet and World Wide Web , by funding Mosaic and Stanford University’s Digital Library Initiative, in which Larry Page and Sergey Brin developed the Google search engine. NSF has also stimulated great advances in laser and quantum technologies, as well as microbiology.However, the NSF fired 168 employees in February, roughly 10% of its workforce, in compliance with Trump’s executive order aimed at reducing federal personnel to "boost efficiency." The NSF has been terminating grants at a record pace, particularly in areas such as climate science and educational diversity. In 2025, the NSF has awarded only $1 billion in new grants, just half the usual pace compared to previous years. The future seems even more bleak — Trump’s 2026 fiscal year budget calls for slashing $5 billion from the current $9 billion NSF budget. Neal Lane and Michael Riordan emphasize that wholesale firings, budget-slashing, and arbitrary elimination of grants particularly harm young, emerging scientists as they often depend on NSF fellowships and grants to launch their scientific careers. This discouragement directly harms the future of U.S. science. Tony Chan: The Role of Research Universities in a Changing World Order Tony Chan 陳繁昌 is a distinguished computational mathematician who served as the President of the Hong Kong University of Science and Technology from 2009–2018, and King Abdullah University of Science and Technology in Saudi Arabia from 2018 to 2024 .Educated at the California Institute of Technology (B.S., M.S.) and Stanford (Ph.D.), Dr. Chan held leadership roles at Yale and UCLA before becoming assistant director of the Mathematical and Physical Sciences Directorate at the U.S. National Science Foundation. He is a member of the National Academy of Engineering and a fellow of IEEE, AAAS, and SIAM. In March 2025, Dr. Chan published an essay titled " The Role of Research Universities in a Changing World Order. " He opined that as global power centers realign, research universities are more than academic institutions—they are key players in shaping global values, talent flows, and geopolitical influence. As tensions rise between East and West across sectors like trade, technology, and security, particularly STEM-focused institutions, now face pressure to engage with broader global rivalries. In particular, 1. Geopolitics and the rise of the East Geopolitical shifts, especially China’s rise, are reshaping the role of research universities. While U.S. and European institutions have long led in innovation and academic freedom, China’s targeted investments in top universities align education with national goals for technological and economic strength. This rivalry now reflects a deeper contest over global norms and influence. As Chinese universities expand international engagement, U.S. institutions grow more insular under political pressure, national security concerns, and revived efforts like the China Initiative—leading to a steady unraveling of U.S.–China academic partnerships. 2. Student and faculty mobility: a double-edged sword The global mobility of students and faculty—once a hallmark of internationalization in higher education—is increasingly shaped by shifting geopolitics, particularly the U.S.–China rivalry. While Chinese and Indian students long sought Western education, rising visa restrictions, scrutiny over security concerns, and a perception of unwelcomeness have curbed that trend. Simultaneously, China is attracting top overseas talent back home and nurturing new generations domestically, as seen in the success of DeepSeek, an AI firm staffed by local graduates. This reverse flow challenges Western universities' ability to attract top talent and underscores the need to balance openness with national security. As global dynamics shift, talent and innovation are increasingly staying in—or returning to—China, reshaping the future of academia and global leadership in science and technology. 3. Research competition versus collaboration Tensions between competition and collaboration in research are growing, as nations race for dominance in fields like AI and biotech while needing global cooperation on issues like climate change and pandemics. Research universities are caught in the middle—fueling national innovation but reliant on international exchange. Western governments are increasingly restricting collaboration over national security concerns, often invoking vague “dual use” rules, which may backfire and hinder progress. Chinese universities remain eager to engage globally, but geopolitical pressures make partnerships difficult. Without creative ways to balance openness and security, research may fracture along national lines, slowing global progress. 4. The way forward: Navigating a complex landscape In a shifting world order, research universities face the challenge of balancing national interests with global collaboration while staying true to their mission of advancing knowledge and educating future leaders. To succeed, they must uphold core values, including long-term societal service, pragmatic engagement with national security concerns, a strong defense of academic freedom, and active leadership in shaping global discourse. Navigating this complex landscape requires resilience, vision, and courage, especially as universities play a vital role in bridging political divides and fostering shared understanding across borders. Dr. Chan will explore these issues at the APA Justice monthly meeting on July 7, 2025. State Department Restarts Student Visa Interviews with New Rules (author: Madeleine Gable, APA Justice Communications Intern)According to the Washington Post and multiple media reports, the State Department has begun student visa interviews after a three-week hiatus, implementing a strict social media vetting process set to take effect in the coming week.The thorough vetting process requires applicants’ social media accounts to be public in order to be scrutinized for perceived hostility towards the U.S. or risk extreme penalties in the application process. State Department staff members have been instructed to “identify applicants who bear hostile attitudes toward our citizens, culture, government, institutions, or founding principles; who advocate for, aid or support designated foreign terrorists and other threats to U.S. national security; or who perpetrate unlawful antisemitic harassment or violence.” The vetting process applies to all foreign nationals who apply for F, M, and J visas, regardless of the institution of study. Affecting not only new candidates but also those whose applications are currently in progress, the new vetting process also includes applicants who have already been interviewed but have not been finally approved.In justification of the policy, the State Department pointed to two executive orders from President Donald Trump , one designed to block hostile foreign actors from entering the country and the other to address antisemitism. The Department reiterated it remains concerned with protecting American institutions of higher education from those who would “steal technical information, exploit U.S. research and development, and spread false information for political or other reasons.”Several critics of the policy have expressed concern over its vague nature, suggesting a broader interpretation could result in the government denying visas from those who deserve them. Several government-affiliated individuals raised concerns about the increased burden on consulates, noting that officials do not have the time to complete the thorough vetting process for every applicant. The agency issued 446,000 student visas in 2023.While education advocates have expressed relief that the three-week hiatus is over, concerns remain that the policy will discourage international students from seeking overseas educational opportunities in the U.S.***** In a separate development, on June 20, 2025, U.S. District Judge Allison Burroughs of Massachusetts issued an order temporarily blocking the Trump administration’s attempt to prevent Harvard University from hosting international students, according to AP News and other outlets. The ruling marks a legal victory for Harvard as it continues to challenge multiple federal sanctions in an ongoing dispute with the White House. While the order preserves Harvard’s ability to enroll foreign students while the case proceeds, it does not resolve all legal questions. Judge Burroughs noted that the federal government retains the authority to evaluate Harvard’s eligibility to host international students through standard legal procedures. “We expect the judge to issue a more enduring decision in the coming days,” Harvard said in an email to international students. “Our Schools will continue to make contingency plans to ensure that our international students and scholars can pursue their academic work to the fullest extent possible, should there be any changes to visa eligibility or enrollment status.” News and Activities for the Communities APA Justice Community Calendar Upcoming Events: 2025/06/16-24 Discover China 2025: Summer Youth Exchange to the Greater Bay Area2025/06/25 Bridging Relationships with Policymakers2025/06/28-30 2025 ICSA China Conference2025/06/29 Rep. Gene Wu's Town Hall Meeting2025/07/07 APA Justice Monthly Meeting2025/07/13 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 MeetingVisit https://bit.ly/3XD61qV for event details. 2. Andrea Chen Appointed Executive Director of the Vincent Chin Institute The Vincent Chin Institute (VCI) has announced the appointment of Andrea Chen as its first Executive Director. VCI was founded in 2023 to continue the mission and work of the past 40 years of movement and building solidarity against anti-Asian violence and all forms of hate.Andrea Chen brings over 20 years of experience driving systemic change through racial justice and economic inclusion initiatives. She served for more than 15 years as CEO and Co-founder of Propeller, a nationally recognized social innovation incubator based in New Orleans, Louisiana. In her role as Executive Director, Andrea Chen will lead three core program areas: Community Organizing, Narrative Change, and Education.A commemoration of the death of Vincent Chin took place the Chinese American Museum in Los Angeles on June 23, 2025, the 43rd anniversary of his death. Vincent Chin was murdered in Detroit in an anti-Asian hate crime, sparking a national movement for Asian American civil rights. Speakers at the commemoration include Aki Maehara , professor of Asian American history at East Los Angeles College, who was the victim of an apparent hate crime earlier this year and a speaker at the June 2025 APA Justice monthly meeting. 3. Physics Today Interviews Dr. Xiaoxing Xi In a report by Physics Today on June 20, 2025, physicist Xiaoxing Xi 郗小星 recounts how the Cultural Revolution deeply affected his childhood, with his father imprisoned as a “counterrevolutionary” and his education interrupted. After Mao Zedong ’s death, China reopened its universities, and Dr. Xi seized the opportunity to study at Peking University—an experience that set him on the path to becoming a scientist and eventually immigrating to the U.S.These early experiences left Dr. Xi with a strong awareness of political injustice, which shaped his reaction to his own wrongful arrest in the U.S. in 2015. Some have described the United States is going through its own Cultural Revolution today.Read the Physics Today report: https://bit.ly/3HV6EGp # # # 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 24, 2025 Previous Newsletter Next Newsletter

Newsletter - #328 5/5 Meeting; Census Bureau; Birthright Citizenship; Visas Revoked; 4/17; Litigations + #328 5/5 Meeting; Census Bureau; Birthright Citizenship; Visas Revoked; 4/17; Litigations + In This Issue #328 · 2025/05/05 APA Justice Monthly Meeting · Census Bureau Brain Drain and Concerns of U.S. Statistical Integrity · Birthright Citizenship: Amicus Briefs and Supreme Court Hearing · International Student Visas Revoked and Lawsuits · National Days of Actions and Protests · Latest on Litigations Against Trump's Executive Actions · News and Activities for the Communities 2025/05/05 APA Justice Monthly Meeting The next APA Justice monthly meeting will be held via Zoom on Monday, May 5, 2025, starting at 1:55 pm ET.In addition to updates by Judith Teruya , Executive Director, Congressional Asian Pacific American Caucus (CAPAC), Joanna YangQing Derman , Program Director, Advancing Justice | AAJC, and Gisela Perez Kusakawa , Executive Director, Asian American Scholar Forum (AASF), invited speakers are: · 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); Professor, Yale University · Gee-Kung Chang 張繼昆 , Professor of Electrical and Computer Engineering, Georgia Institute of Technology 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 . Census Bureau Brain Drain and Concerns of U.S. Statistical Integrity Robert L. Santos was the 26th director of the U.S. Census Bureau. He was sworn in on January 5, 2022 and resigned from the office on February 14, 2025. He was also the 116th president of ASA in 2021. On May 5, 2025, Mr. Santos will speak at the APA Justice monthly meeting on the growing concerns to the integrity and independence of federal statistics under the Trump administration. According to NPR on April 17, 2025, the U.S. Census Bureau is experiencing significant challenges due to staff departures and survey reductions. These issues have raised concerns about the agency's ability to continue producing reliable statistics, which are crucial for determining federal funding allocations and political representation. The bureau is facing pressure from the Trump administration to reduce its workforce amid a hiring freeze, with staff being offered early retirement and voluntary separation options. Current and former employees warn that these conditions, coupled with long-standing funding and staffing constraints, are putting the bureau under unique strain. These challenges are not isolated to the Census Bureau. Other federal statistical agencies are experiencing similar issues due to budget cuts and administrative pressures. According to the Financial Times , the White House is at war with federal statistics. The disbanding of advisory committees and removal of data from public access have led to concerns about the politicization of economic statistics, threatening the accuracy of vital statistics used for policymaking and financial markets.On April 12, the Washington Post reported that the Social Security Administration purposely and falsely labeled 6,100 living immigrants as dead, which is an illegal act of falsifying government records. On April 14, MIT Technology Review described how Elon Musk's DOGE approach to modernizing federal technology is undermining the integrity and security of critical government systems. By replacing experienced civil servants with untested technologies and personnel, DOGE is dismantling established agencies like the U.S. Digital Service and 18F, which were instrumental in improving government digital services. A specific concern is the termination of DirectFile, a free digital tax filing system developed by the IRS with high user satisfaction rates. The article also warns about the risks of consolidating sensitive data—such as Social Security numbers, tax returns, and health records—into a single, poorly secured system, increasing the likelihood of data breaches and misuse. The cumulative effect of these developments is a diminished capacity of U.S. statistical agencies to produce reliable data. This erosion of data integrity undermines informed decision-making across government and industry, potentially leading to misinformed policies and economic instability.The American Statistical Association (ASA) and George Mason University (GMU) launched a collaborative project titled "Assessing the Health of the Principal Federal Statistical Agencies" in 2024. Year Two of the ASA-GMU project, The Nation’s Data at Risk , monitors the health of the 13 principal federal statistical agencies. It is available at: https://bit.ly/4ih5Qsp . Birthright Citizenship: Amicus Briefs and Supreme Court Hearing According to AP News , NBC News , Washington Post , and multiple media reports, on April 17, 2025, the Supreme Court said it will hear oral arguments on May 15 on whether the Trump administration can take steps to enforce its contentious proposal to end automatic birthright citizenship while litigation continues. The court in a brief order deferred action on an emergency request made by the Trump administration to narrow the scope of injunctions imposed by three district court judges and upheld by the respective appeals courts. The policy for now remains blocked nationwide.The Trump emergency application does not address the legal merits of the plan, but only whether judges had the authority to put it on hold across the entire country. The policy for now remains blocked nationwide. Amicus Briefs on Birthright Citizenship According to a press release from the Congressional Asian Pacific American Caucus (CAPAC) on April 11, 2025, 208 House Democrats filed an amicus brief opposing President Trump’s executive order attempting to eliminate birthright citizenship. The brief, submitted in the case State of Washington, et al. v. Trump, et al. , defends the constitutional guarantee under the 14th Amendment that grants citizenship to children born on U.S. soil.The amici argue that Trump’s proposed action violates the Constitution, over a century of Supreme Court precedent, and longstanding federal laws that have consistently affirmed this right.“Trump cannot end the Constitutional right to birthright citizenship with the stroke of his pen,” said Rep. Jamie Raskin , a constitutional law expert and Ranking Member of the House Oversight Committee. “That would violate the plain language of the Fourteenth Amendment, as well as decades-old federal statutes codifying this protection.”The full amicus brief is available here: https://bit.ly/3GrOlI1 . On April 9, NAPABA and its partners filed an amicus brief opposing the Trump administration’s birthright citizenship executive order. Two days later, on April 11, AALDEF, the Korematsu Center, the Center for Civil Rights and Critical Justice, and a coalition including APA Justice filed a separate brief challenging the same order.For more information, read the blog " The Trump Administration’s 14th Amendment Retcon: ‘Wong Kim Ark’ Does Not Limit Birthright Citizenship " by Edgar Chen and Chris Kwok, its Chinese translation " 特朗普政府重塑《第十四修正案》 ——《黄金德案》并未限制出生公民权 " by Juan Zhang, and APA Justice's full coverage of the Birthright Citizenship issue: https://bit.ly/3CNjtR1 International Student Visas Revoked and Lawsuits According to Inside Higher Ed , as of April 18, 2025, the Trump administration has revoked or altered the legal status of over 1,550 international students and recent graduates in the Student and Exchange Visitor Information System (SEVIS) across more than 240 U.S. colleges and universities. This action is part of a broader immigration crackdown that has intensified in recent weeks.At least 16 legal challenges have been initiated in multiple states, with at least nine federal judges granting temporary restraining orders to halt deportations and restore students' statuses. · 2025/04/15 Liu v. Noam (1:25-cv-00716) @Southern District of Indiana . Five international students at Purdue University, all of whom are Chinese, sued the federal government after their student visas were revoked earlier this month, joining an American Civil Liberties Union-led lawsuit filed on April 15. The visa revocations come just weeks after Purdue administration provided a Congressional committee with information on the university's 2,043 Chinese students. Two other students from Indiana University and Notre Dame also joined the lawsuit, · 2025/04/11 Jane Doe 1 v. Bondi (1:25-cv-01998) @Northern District of Georgia. On April 17, 2025, Georgia civil rights organizations—CAIR-Georgia, Asian Americans Advancing Justice-Atlanta, and American Civil Liberties Union-Georgia—held a press conference with Kuck Baxter Immigration, a private immigration law firm, condemning the visa revocations of international students. According to Georgia Recorder , on April 18, District Judge Victoria Calvert issued a temporary restraining order that will allow 133 international students and recent graduates studying around the country, including 26 in Georgia, to continue their coursework in the United States for at least the next two weeks. · 2025/04/11 Chen v. Noem (3:25-cv-03292) @Northern District of California . The Chinese American Legal Defense Alliance 华美维权同盟 (CALDA) filed a lawsuit on behalf of four Chinese students enrolled at UC Berkeley, Carnegie Mellon, University of Cincinnati, and Columbia University. The district court judge will hold a hearing on a motion for a nationwide Temporary Restrining Order (TRO) next. Besides the four student plaintiffs, declarations from 36 international students across the country were also included in the motion. National Days of Actions and Protests April 17, 2025, was Day of Action for Higher Ed. University professors and students led protests on campuses across the U.S. against what they say are broad attacks on higher education, including massive cuts to funding, the expulsion of international students and the stifling of free speech about the war in Gaza. Read more about the Day of Action for Higher Ed: https://bit.ly/4inq17u .According to the Washington Post on April 19, 2025, from Wyoming to Washington and Mississippi to Manhattan, protesters at hundreds of rallies in small towns and big cities gathered to denounce President Donald Trump ’s sweeping policy moves as opposition to the administration continued to coalesce. The more than 700 planned events were part of the “50501” movement , a decentralized campaign that got its name from a February 5 push for “50 protests in 50 states on 1 day.” That effort led to anti-Trump protests at state capitol buildings across the nation known as “Hands Off” rallies on April 5. Hunter Dunn , a spokesperson for 50501, described the group as a “pro-democracy, pro-Constitution, anti-executive overreach, nonviolence grassroots movement.” Latest on Litigations Against Trump's Executive Actions As of April 19, 2025, the number of lawsuits against President Donald Trump 's executive actions reported by the Just Security Litigation Tracker has grown to 201 (4 closed cases). Among the latest developments: · 2025/04/15 DOE 1 v. EEOC (1:25-cv-01124) @District of Columbia . Plaintiffs, three law school students, have challenged the Equal Employment Opportunity Commission (EEOC) sending letters to 20 law firms, pursuant to President Donald Trump ’s Executive Order (EO) regarding the DEI-related hiring practices of law firms. These letters requested information about these law firms’ hiring practices, including the personally identifiable information of lawyers employed with these firms and law students that have applied for positions at these firms. Plaintiffs allege that these investigations are outside of the authority of the EEOC and violate the Paperwork Reduction Act. They have asked the Court to order the EEOC to stop investigating law firms in excess of their authority and return and delete any information that has already been collected pursuant to the investigation of these firms. · 2025/04/14 Mahdawi v. Trump (2:25-cv-00389) @Vermont . Mahsen Mahdawi , a United States green card holder, has challenged his detention by the Department of Homeland Security (DHS), asserting it is unlawful and unconstitutional. On April 14, the district court issued an order that he not be removed from the United States or moved out of the territory of the District of Vermont pending further order of this Court. · 2025/04/14 Association of American Universities v. Department of Energy (1:25-cv-10912) @Massachusetts . Several academic institutions and university associations sued the Department of Energy (DOE) and the Secretary of the DOE challenging a new DOE policy that caps the amount of reimbursements available for federal research grants. The institutions argue that the policy violates federal law and exceeds DOE’s authority. The institutions have asked the courts to declare the policy unlawful and to stop implementation of the policy. · 2025/04/14 Protect Democracy Project v. U.S. Office of Management and Budget (1:25-cv-01111) @District of Columbia . Protect Democracy Project brought suit against the Office of Management and Budget (OMB), alleging that OMB took down a legally-required publicly accessible database and related website that had previously housed documents related to OMB’s apportionment decisions. Protect Democracy requests that the court declare OMB’s decision unlawful and order OMB to restore the website. · 2025/04/14 V.O.S. Selections, Inc. v. Donald J. Trump (1:25-cv-00066) @U.S. Court of International Trade . Five businesses that rely on international imports filed suit against the Trump administration, challenging the implementation of tariffs under the authority of the International Emergency Economic Powers Act (IEEPA). They alleged that the imposition of across-the-board tariffs is not authorized under the IEEPA and in any event exceeds the Defendants' executive authority as they were implemented without congressional approval. News and Activities for the Communities 1. APA Justice Community Calendar Upcoming Events: 2025/04/21 Where AANHPI Communities Stand at the 100-day Mark2025/04/22 Scholars Not Spies: Fighting for International Academic Workers’ Rights in an Era of Rising US-China Conflict2025/04/24-26 Committee of 100 Annual Conference and Gala2025/04/24 CHINA Town Hall: The First 100 Days: President Trump's China Policy2025/04/24 Federal Employees: Know your Legal Rights2025/04/28 California AANHPI Advocacy Day2025/04/30 Beyond the China Initiative: Civil Rights, National Security, and the Future of AAPI Communities2025/05/04 Rep. Gene Wu's Town Hall Meeting2025/05/05 APA Justice Monthly Meeting2025/05/06 Asian American Careers - How to Build Your Personal Network, including Through Strategic Allies2025/05/11 Rep. Gene Wu's Town Hall Meeting2025/05/12-14 APAICS Annual Summit and GalaVisit https://bit.ly/3XD61qV for event details. 2. Where AANHPI Communities Stand at the 100-day Mark WHAT: Where AANHPI Communities Stand at the 100-day Mark WHEN: April 21, 2025, 3:00 pm ET/12:00 noon PT WHERE: Webinar HOSTS: APIAVote, AAPI Data, NCAPA, and AAJA Speakers: · Congresswoman Grace Meng, U.S. representative for New York's 6th congressional district · Sara Sadhwani, Senior Researcher, AAPI Data & Assistant Professor, Pomona College · Karthick Ramakrishnan , Founder and Executive Director, AAPI Data · Gregg Orton , National Director, NCAPA · Bob Sakaniwa , Director of Policy and Advocacy, APIAVote DESCRIPTION: This is the next installment of the Voices of AAPI Communities monthly briefing, where we’ll dive deep into the latest survey insights from AAPI Data and AP-NORC on timely policies. This month's briefing will share exclusive findings from the latest AAPI Data/AP-NORC survey on how AAPI communities are reacting to President Trump’s first 100 days in office. REGISTRATION: apia.vote/april25 3. Erratum Issue #327 of the APA Justice Newsletter misidentified the Chinese name of retired Texas House Representative Martha Wong . It should be 黃朱慧愛. # # # 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 April 21, 2025 Previous Newsletter Next Newsletter

Newsletter - #96 Updates On Sherry Chen, Franklin Tao, Charles Lieber; Latest On Campaign; Events + #96 Updates On Sherry Chen, Franklin Tao, Charles Lieber; Latest On Campaign; Events + Back View PDF November 18, 2021 Previous Newsletter Next Newsletter

Newsletter - #36 Sign-Ons Extended; Event For Zach; "New Red Scare" Wins Award; 01/04 Meeting; More #36 Sign-Ons Extended; Event For Zach; "New Red Scare" Wins Award; 01/04 Meeting; More Back View PDF December 22, 2020 Previous Newsletter Next Newsletter

Newsletter - #281 Rejecting China Consensus; Balanced Policies; Alarm on Anti-Asian Laws; Newsletters; + #281 Rejecting China Consensus; Balanced Policies; Alarm on Anti-Asian Laws; Newsletters; + In This Issue #281 · The Case Against the China Consensus · A Program for Progressive China Policy · China in the Heartland: Building a Balanced Approach · Anti-Asian Laws in America - Past, Present, and What's Coming · APA Justice Newsletters Web Page Moving to New Website · News and Activities for the Communities The Case Against the China Consensus Jessica Chen Weiss is David M. Lampton Professor of China Studies at the Johns Hopkins School of Advanced International Studies, a Senior Fellow at the Asia Society Policy Institute Center for China Analysis, and a former member of the U.S. State Department’s Policy Planning Staff.In Jessica Chen Weiss's latest article on Foreign Affairs on September 16, 2024, "The Case Against the China Consensus," she critiques the prevailing U.S. approach to China, emphasizing open-ended competition without a clear definition of success.Weiss argues that bipartisan rhetoric increasingly treats China as an existential threat, pushing aside nuanced debate and overshadowing diplomatic and cooperative opportunities. She warns that such a zero-sum mindset risks escalating tensions, including a potential conflict over Taiwan, and could undermine U.S. values and interests. "If policymakers overplay competition with Beijing, they risk more than raising the likelihood of war and jeopardizing efforts to address the many transnational challenges that threaten both the United States and China. They also risk setting the United States on a path to what could become a pyrrhic victory, in which the country undermines its own long-term interests and values in the name of thwarting its rival," wrote Weiss.Instead, Weiss advocates for a balanced strategy that combines credible deterrence with diplomacy, economic integration, and cooperation on shared global challenges. She stresses the importance of pragmatic engagement and avoiding policies that isolate the U.S. from Chinese innovation and global supply chains. As for the issue of Taiwan, Weiss wrote, "deterrence, particularly in the Taiwan Strait, can be achieved only with the backing of strong diplomacy that combines credible threats and credible assurances. And both deterrence and prosperity require some degree of economic integration and technological interdependence." The article highlights the need for a strategic recalibration in U.S.-China relations, focusing on coexistence rather than dominance, and emphasizes the risks of overplaying competition, which could harm both nations' long-term prosperity and security. "U.S. policymakers should seek a more durable basis for coexistence, striking a careful balance to ensure that efforts to address the real threats from China do not undermine the very values and interests they aim to protect, " Weiss wrote.In her article, Weiss especially pointed out the negative impact of deteriorating bilateral relations on Chinese Americans. She wrote, "People born in China or of Chinese descent should not be categorically treated as a fifth column in the United States; the diaspora has been a hotbed for resistance, which is precisely why the Chinese Communist Party is so bent on monitoring and intimidating it. And if the United States were to go so far as to enact bans or visa restrictions on the basis of national origin, it would compromise the very principles of nondiscrimination and equality before the law that embody the American ideal "Read the Foreign Affairs article: https://fam.ag/3TzhV21 . Juan Zhang , editor at US-China Perception Monitor, contributed this report. A Program for Progressive China Policy During the APA Justice monthly meeting on September 9, 2024, Sandy Shan , Director, Justice Is Global, and Tori Bateman , Director of Advocacy, Quincy Institute, gave a joint presentation on Quincy Institute Brief #62 , "A Program for Progressive China Policy." Sandy Shan began the discussion by highlighting the urgency for a constructive U.S. policy toward China. She emphasized the need to move away from the current confrontational and hawkish stance, which has exacerbated tensions between the two nations and fueled xenophobia against Asian and Asian American communities in the U.S. The forum took place as the House launched “China Week,” underlining the timeliness of the conversation.The Quincy Institute brief was authored by Jake Warner and co-produced by Justice Is Global and the Institute for Policy Studies. It reflects five years of dialogue among progressive groups, drawing on the expertise of specialists in climate, labor, peace, and Asian Pacific American communities. The brief seeks to address gaps in current U.S. policies, dominated by nationalist and militaristic rhetoric, by offering a more thoughtful framework for dealing with China's rise.The brief acknowledges legitimate concerns about China’s actions, including its human rights record and the impact of its policies on American workers. However, it warns that a confrontational approach risks empowering authoritarian forces in both the U.S. and China while undermining broader progressive goals like global economic equity and environmental sustainability. Instead, the brief advocates for a policy that reduces geopolitical tensions and promotes shared prosperity.Tori Bateman expanded on this framework, describing the Quincy Institute’s transpartisan focus on foreign policy. She expressed concern about the growing hawkish rhetoric on Capitol Hill, especially during "China Week." Tori emphasized that while many bills address real issues, they often fail to solve underlying problems and instead increase tensions. The Quincy Institute is engaging with lawmakers to promote a more balanced approach, urging Congress to focus on areas like climate cooperation and educational exchanges instead of exclusionary policies. A summary for the September 2024 monthly meeting is being prepared and will be posted at https://www.apajustice.org/ after review by the speakers. Past monthly meeting summaries are available at https://bit.ly/3kxkqxP .Read the Quincy Institute brief at https://bit.ly/3T2XJVY China in the Heartland: Building a Balanced Approach On October 10, 2024, the U.S. Heartland China Association (USHCA) and the Kansas University (KU) Department of Political Science will co-host a hybrid event on "China in the Heartland: Building a Balanced Approach."As China’s influence grows around the world, skepticism in the United States grows in tandem with it. Evidence of this is seen throughout the Heartland of America, where anti-China legislation and rhetoric have grown over the years. Professor Jack Zhang of the KU Department of Political Science will be joined by Susan Thornton , Vice Chair of the U.S. Heartland China Association and a retired senior U.S. diplomat with decades of experience in Eurasia and East Asia, and Kyle Jaros , an associate professor at the University of Notre Dame, for a discussion on building a balanced approach for relations with China.In June 2024, the 4th Annual U.S.-China Agriculture Roundtable was held in China for the first time. Co-organized by USHCA and multiple Chinese partners, the broad-based bilateral agricultural platform drew senior leaders spanning government, trade, business, education, and think tanks from both countries to convene around the theme: Global Food Security and Agricultural Cooperation. Major American agriculture players and producers of soy, rice, corn, sorghum, dairy, and beef from 9 different states were among those who traveled to China to participate.First launched in 2021, the annual U.S.-China Agriculture Roundtable honors three legendary agriculture scientists who made significant contributions to our world: Norman Borlaug , Yuan Longping , and George Washington Carver . USHCA launched the first U.S.-China Agriculture Roundtable virtually with the belief that U.S.-China cooperation is essential for our planet to successfully deal with the critical global challenges of our time. The 4th Annual U.S.-China Agricultural Roundtable reinforced the ongoing agriculture partnership between China and the U.S. while elevating the importance of collaboration to tackle global challenges through sustainable practices, technological innovation, and educational exchanges. Amid global food security concerns, this collaboration serves as a vital demonstration of international cooperation to enhance global food stability and foster understanding. Given both the U.S. and China’s pivotal roles as leading agricultural producers, consumers, and importers, sustained dialogue between the two nations is crucial for shaping resilient food systems and protecting food security worldwide.The in-person portion of the October 10 event is at the Robert J. Dole Institute of Politics, 2350 Petefish Drive, Lawrence, KS 66045. Watch the event online at https://bit.ly/3zkTyhT . Min Fan , Executive Director of USHCA, has accepted our invitation to speak at the next APA Justice monthly meeting to be held on Monday, October 7, 2024, starting at 1:55 pm ET. Anti-Asian Laws in America - Past, Present, and What's Coming On September 8, 2024, Texas State Representative Gene Wu hosted a Town Hall on "Anti-Asian Laws in America - Past. Present, and What's Coming." During the Town Hall, State Rep. Gene Wu outlined the resurgence of anti-Asian and anti-immigrant laws, particularly targeting Chinese and Japanese communities, in states like Texas. He referenced a history of such laws, dating back to the late 1800s, which banned immigrants from owning property, participating in business, and obtaining citizenship. Though many of these laws were repealed by the 1960s, new legislation in Texas and other states mirrors these discriminatory laws, signaling a renewed threat to Asian Americans.State Rep. Gene Wu emphasized that current laws echo historical patterns, portraying Asian immigrants as spies or traitors without evidence. Project 2025, a comprehensive conservative policy document that focuses heavily on China, mentions China 800 times compared to Russia’s 100 mentions. Project 2025 seeks to impose restrictions on Chinese nationals and Asian Americans, particularly in areas of land ownership, business, and education.The community was urged to wake up to this threat, as these new legislative efforts have already been introduced in multiple states. For instance, Texas has established new committees solely to push bills that restrict Chinese land ownership and educational access, following a broader national trend. This is compared to past laws that targeted Japanese Americans during World War II, even when most were U.S.-born citizens. The urgency is underscored by Project 2025's broader intent to reshape national security policy with a disproportionate focus on China, while impacting Asian Americans domestically.State Rep. Gene Wu has accepted our invitation to speak at the next APA Justice monthly meeting to be held on Monday, October 7, 2024, starting at 1:55 pm ET.Watch State Rep. Gene Wu's Town Hall: https://bit.ly/4edgbDV (50:44). Read his presentation: https://bit.ly/3ZzweHR APA Justice Newsletters Web Page Moving to New Website As part of its continuing migration to a new website under construction, we are moving the Newsletters webpage to https://www.apajusticetaskforce.org/newsletters . Content of the existing website will remain, but it will no longer be updated. We value your feedback about the new web page. Please send your comments to contact@apajustice.org . News and Activities for the Communities 1. APA Justice Community Calendar Upcoming Events:2024/09/23 Media Training for Election Season2024/09/23 President's Advisory Commission on AANHPI Public Meeting 2024/09/25 C100: State of Chinese American Survey 2024 2024/09/25-26 APAICS Technology Summit2024/09/26 White House Initiative AA& NHPI Policy Summit2024/09/27 The War for Chinese Talent in America: The Politics of Technology and Knowledge in Sino-U.S. Relations2024/09/29 Rep. Gene Wu's Town Hall Meeting2024/10/02 C100: Asian American Career Ceiling Initiative2024/10/06 Rep. Gene Wu's Town Hall Meeting2024/10/07 APA Justice Monthly Meeting2024/10/08 Media Training for Election Season2024/10/10 China in the Heartland: Building a Balanced ApproachThe Community Calendar has moved. Visit https://bit.ly/3XD61qV for event details. 2. Committee of 100 Next Generation Leaders Program Class of 2025 Committee of 100, a non-profit organization of prominent Chinese Americans, announced that applications are now being accepted for the 2025 Next Generation Leaders (NGL) class. The 2025 NGL class will be announced and spotlighted at Committee of 100's 2025 Conference & Gala, which will take place in Los Angeles in April 2025. Launched in 2014, Committee of 100's NGL program convenes an exceptional group of change-makers and rising leaders from diverse sectors, leveraging a collective sense of service and purpose to elevate the impact of each individual. Currently, there are over 200 NGL alumni across a multitude of sectors who make up a vibrant and diverse network. Individuals who demonstrate a remarkable history of professional and personal excellence and are between 25-40 years old are encouraged to apply. To apply for the Committee of 100 Next Generation Leaders Class of 2025, click here . Answers to Frequently Asked Questions (FAQ) can be found here . The deadline to submit applications is January 10, 2025 at 5:00 pm Eastern Time. 3. Incoming and Outgoing Executive Directors of WHIAANHPI Helen Beaudreau has been appointed as the incoming Executive Director of the White House Initiative on Asian Americans, Native Hawaiians, and Pacific Islanders (WHIAANHPI), succeeding Krystal Ka‘ai , who held the position since May 2021. Back View PDF September 23, 2024 Previous Newsletter Next Newsletter

Newsletter - #43 Third Webinar; Xiaoxing Xi; Gang Chen; Fundraising Results; More #43 Third Webinar; Xiaoxing Xi; Gang Chen; Fundraising Results; More Back View PDF February 15, 2021 Previous Newsletter Next Newsletter

Simon Saw-Teong Ang 洪思忠 Docket ID: 5:20-cr-50029 District Court, W.D. Arkansas Date filed: July 28, 2020 Date ended: June 28, 2022 On January 21, 2022, Professor Simon Saw-Teong Ang and the U.S. government filed a plea agreement in the U.S. District Court for the Western District of Arkansas. Under the agreement, Professor Ang pleaded guilty to one count of making a false statement to a federal agent (18 U.S.C. § 1001). In return, the government agreed to dismiss the remaining 58 counts upon the Court’s approval. Previously, on July 29, 2020, the U.S. Department of Justice announced that Professor Ang, then 63, of Fayetteville, Arkansas, had been indicted by a federal grand jury. A superseding indictment filed on July 28, 2021, charged him with 55 counts of wire fraud, two counts of making false statements, and two counts of false statements related to passport applications. His prosecution was brought under the DOJ’s “China Initiative,” launched in November 2018 to counter alleged economic espionage and trade secret theft linked to China. However, none of the charges against Professor Ang involved espionage or theft of trade secrets. Professor Ang had served as a professor and Director of the High Density Electronics Center (HiDEC) at the University of Arkansas since 1988. He was terminated by the university less than two months after his arrest in 2020. A jury trial was scheduled for February 7, 2022, but was rendered moot by the plea deal. In June 2022, Professor Ang was sentenced to one year and one day in federal prison. References and Links CourtListener: United States v. Ang (5:20-cr-50029) 2022/06/17 Arkansas Democrat Gazett: Ex-UA professor sentenced to year in prison for lying about Chinese patents 2022/01/22 The Northwest Arkansas Democrat-Gazette: Former UA professor pleads guilty to making false statement after scrutiny on China ties 2022/01/21 Science: U.S. accepts plea by Arkansas scientist charged in controversial China Initiative 2022/01/21 AP News: Arkansas prof pleads guilty to lying about China patents 2022/01/21 Case 5:20-cr-50029 Document 71: Plea Agreement 2021/08/03 Arkansas Democrat-Gazette: Ex-UA professor pleads innocent in fraud case 2020/07/29 DOJ: University of Arkansas Professor Indicted for Wire Fraud and Passport Fraud 2021/07/28 Case 5:20-cr-50029 Document 34: Superceding Indictment 2020/05/13 UPI: U.S. charges Arkansas researcher over NASA funds, ties to China 2020/05/12 CNN: FBI arrests researcher for NASA who allegedly failed to report ties to China Previous Item Next Item

James Patrick Lewis Previous Item Next Item

Yu Zhou, Li Chen Previous Item Next Item

Kevin Wang Former Adjunct Professor of Chinese Language and Culture New College of Florida The New College of Florida has fired Kevin Wang, a Chinese language professor, under Florida state law SB 846, which restricts public universities from hiring individuals from designated "countries of concern." Wang, who has sought asylum in the U.S. after facing political repression in China, had been teaching for nearly two years before his dismissal on March 12, 2025. His termination letter stated that his firing was not due to misconduct but was based on the law, which prohibits state universities from working with individuals domiciled in China, Russia, Iran, North Korea, Cuba, Venezuela, or Syria unless approved by the board of governors. Wang expressed disappointment, stating he fled persecution in China only to encounter similar restrictions in Florida. Wang’s firing comes amid broader efforts by Florida Governor Ron DeSantis to reshape state universities by implementing right-wing policies and hiring ideologically aligned faculty. The New College of Florida, traditionally a liberal arts institution, has been at the center of these efforts, recently reinstating a course on “wokeness” and hosting controversial speakers like Steve Sailer, who has been described as a white supremacist. Wang, preparing to leave Florida while continuing his asylum bid, criticized the law’s impact on academic freedom, warning that such policies contradict the U.S.'s democratic values. References and Links 2025/04/13 MSN: Firing of Chinese asylum seeker under SB 846 raises alarm in Florida and beyond 2025/04/13 NPR: As U.S.-China tensions rise academics are caught in the crosshairs 2025/04/12 WUSF/NPR: Firing of Chinese asylum seeker under SB 846 raises alarm in Florida and beyond 2025/03/31 Inside Higher Ed: Report: New College of Florida Fires Chinese Adjunct, Citing Regulations 2025/03/31 BREAKING: Asian American Scholar Forum Alarmed by Termination of New College of Florida Professor Under Florida’s SB 846 2025/03/29 Guardian: Florida college fires Chinese professor under state’s ‘countries of concern’ law 2025/03/28 Tampa Bay News: New College fires Chinese professor under controversial Florida law Previous Item Next Item

Warrantless Surveillance This item is connected to a text field in your content manager. Double click the dataset icon to add your own content. The numbers Calls per hour 111 Feedback submitted 22 Average feedback per call 21 As of May 28, 2023, there are 33 states known to have introduced some form of alien land and property bills in the current or recent legislative session. A few have passed and signed into state law; some have died; others are still pending. State-by-state links to the legislations and a companion map are provided below as community resources. They are collected from multiple sources including research by APA Justice, Advancing Justice | AAJC, Committee of 100, National Agricultural Law Center, Project South, media reports, and crowdsourcing. Due to the dynamic nature of these developments, we plan to update the information periodically. We anticipate the introduction or continuation of alien land and property bills into future state legislative sessions. Title Oct. 4th 2023 Tracking Bills Read More Latest developments

Lei Guan 关磊 Docket ID: 8:20-cr-00127 District Court, C.D. California Date filed: Sep 10, 2020 Date ended: July 26, 2021 Table of Contents Overview 2021/07/12 Document 220-1 Exhibit A Five “Visa Fraud” Cases Links and References Overview On July 23, 2020, the Department of Justice (DOJ) announced the arrest of four scientists from China on an alleged visa violation. A fifth scientist, Lei Guan, was arrested for similar charges in August 2020. Lei Guan came to Los Angeles to work as a researcher in UCLA’s Department of Mathematics in 2018. On August 29, 2020, Lei Guan was charged with destroying evidence and alteration of records to obstruct an FBI investigation. One count of visa fraud and one count of making false statements were added in subsequent superseding indictments. If convicted, he faced a maximum penalty of 10 years in prison and a fine of $250,000. Lei Guan was detained for months at Metropolitan Detention Center in downtown Los Angeles awaiting trial. On July 23, 2021, DOJ motioned to drop their case against Lei Guan. U.S. District Judge Michael W. Fitzgerald granted the motion to dismiss on July 26, 2021. The other four visa fraud cases were also dismissed at the same time. The five visa fraud cases including Lei Guan were identified under the China Initiative, but they were removed from the DOJ online report after their dismissals. 2021/07/12 Document 220-1 Exhibit A On July 12, 2021, a partially redacted draft FBI report appeared as part of an exhibit in a non-motion response filed in the case of Lei Guan. The lead draft report of the exhibit was titled “ Fourth Military Medical University Interviews and Arrests and Arrests Likely Had Minimal Impact in Mitigating Technology Transfer Threats from PRC Students ” and dated March 19, 2021. The 28-page exhibit includes a draft white paper that provides assessments on seven cases under the "China Initiative," including the five that were dismissed. The draft paper states that targeting of the researcher and students "likely had minimal, short-term positive impact on the technology transfer threat from PRC students, scholars, and researchers." In addition, "[o]nly two of the arrests has a nexus to technology transfer violations, ... and none included charges related to other counterintelligence concerns." The operation "likely contributed to the deterioration of the FBI's delicate yet valuable relationship with some US universities by not exercising more caution before approaching PRC students." Although there was strong advice against investigating and arresting students and researchers with the operation," several FBI field offices proceeded with visa fraud charges for individuals who met the criteria but did not meet the threshold for a high-priority technology transfer threat." "It is in the best national security interest of the FBI to strategically identify, target, and mitigate PRC technology transfer threats while also preserving educational opportunities in the United States for PRC students who do not pose a threat," said an unredacted portion of the FBI report. A footnote also stated that "the FBI does not consider clinical medicine an area of concern for PRC technology transfer." According to the exhibit, a FBI Supervisory Intelligence Analyst drafted the report as a response to a February 2021 award nomination. She was originally included as part of the award nomination but disagreed about the "high impact" the award's nomination claimed to have made. She did not think the arrest of the PLA students met the threshold for high impact at that time, as she assessed at an early stage the impact was minimal. The draft was a way for her to dispute the information contained in the awards packet. She removed herself from the award nomination. Five “Visa Fraud” Cases The Department of Justice (DOJ) announced visa fraud charges against four of five scientists from China on July 23, 2020. The fifth scientist, Lei Guan, was first charged in August 2020 for Destruction and Alteration of Records in a Federal Investigation with visa fraud charges added in September 2020. The announcement of the visa fraud cases coincided with the U.S. order to close China’s consulate in Houston, accusing it to be a "spy center" to conduct spying activities with local medical centers or universities. The five Chinese scientists are: Lei Guan (关磊), Visiting researcher (mathematics), University of California at Los Angeles Dr. Chen Song (宋琛) , Visiting researcher (neurology), Stanford University Dr. Juan Tang (唐娟) , Visiting researcher (cancer), University of California at Davis Xin Wang (王欣) , Visiting researcher (neurology), University of California at San Francisco Kaikai Zhao (赵凯凯) , Doctoral candidate (machine learning and artificial intelligence), Indiana University These five visa fraud cases were abruptly dismissed by DOJ in July 2021 without an explanation for the dismissals. Wyn Hornbuckle, a Justice Department spokesman issued a statement that said "[r]ecent developments in a handful of cases involving defendants with alleged, undisclosed ties to the People’s Liberation Army of the People’s Republic of China have prompted the department to re-evaluate these prosecutions... We have determined that it is now in the interest of justice to dismiss them.” On July 22, 2021, Reuters reported that there was "recently disclosed evidence of a report by FBI analysts that questioned if the visa application question on 'military service' was clear enough for Chinese medical scientists at military universities and hospitals." In another report by the Washington Post, an unnamed official was quoted to say that "the punishment for visa fraud typically does not exceed a year. That fact, combined with the prospect of prolonged litigation in several instances, led officials to assess that the interests of justice were best served by dropping the cases." Upon further research, defense attorneys for Dr. Juan Tang filed a Defendant's Trial Brief and Memorandum Supporting Dismissal at Trial on July 19, 2021. It included a section on "The FBI’s Deliberate Failure to Disclose Critical Exculpatory Evidence to the Court and to the Defense Warrants a Dismissal of this Ill-Conceived Indictment." "There is dissension in the FBI’s own ranks," the trial brief started. It cited that the government intentionally did not comply with the discovery order for the trial and highlighted that "... just days ago, a heavily redacted report dated for release four months ago, on April 1, 2021, which the government did not disclose to this Court when it ruled on Dr. Tang’s Motion to Dismiss." Exhibit A shows a FBI Background Note dated April 1, which includes a statement that investigations and expert interviews "suggest that the visa application form (DS-160) potentially lacks clarity when it comes to declaring one's military service or affiliation." DOJ motioned to dismiss Dr. Juan Tang’s case four days before the trial was to start on July 26, 2021. On July 12, 2021, a partially redacted draft FBI report appeared as part of an exhibit in a non-motion response filed in the case of Lei Guan. The 28-page exhibit includes a draft white paper that provides assessments on seven cases under the "China Initiative," including the five that were dismissed. The draft paper states that targeting of the researcher and students "likely had minimal, short-term positive impact on the technology transfer threat from PRC students, scholars, and researchers." In addition, "[o]nly two of the arrests has a nexus to technology transfer violations, ... and none included charges related to other counterintelligence concerns." The operation "likely contributed to the deterioration of the FBI's delicate yet valuable relationship with some US universities by not exercising more caution before approaching PRC students." Although there was strong advice against investigating and arresting students and researchers with the operation, "several FBI field offices proceeded with visa fraud charges for individuals who met the criteria but did not meet the threshold for a high-priority technology transfer threat." "It is in the best national security interest of the FBI to strategically identify, target, and mitigate PRC technology transfer threats while also preserving educational opportunities in the United States for PRC students who do not pose a threat," said an unredacted portion of the FBI report. A footnote also stated that "the FBI does not consider clinical medicine an area of concern for PRC technology transfer." According to the exhibit, a FBI Supervisory Intelligence Analyst drafted the report as a response to a February 2021 award nomination. She was originally included as part of the award nomination but disagreed about the "high impact" the award's nomination claimed to have made. She did not think the arrest of the PLA students met the threshold for high impact at that time, as she assessed at an early stage the impact was minimal. The draft was a way for her to dispute the information contained in the awards packet. She removed herself from the award nomination. In December 2020, John Demers, former head of the China Initiative at DOJ, and William Evanina, former chief of the counterintelligence branch at ODNI, attributed without supporting facts and evidence that more than 1,000 Chinese researchers from affiliated with China's People's Liberation Army fled the U.S. after the FBI conducted interviews in more than 20 cities and the State Department closed China’s Houston consulate in July 2020. Some of the visa fraud prosecutions were based on photos of the individuals in uniform. However, wearing a uniform does not always imply military service. There are two non-armed branches in the uniformed services of the United States, including the Public Health Service which is a part of the Department of Health and Human Services and the National Oceanic and Atmospheric Administration Commissioned Officer Corps which is part of the Department of Commerce. Previous Item Next Item