Newsletter - #127 6/6 Meeting; ODNI Overdue Report; US-China Future/Past; Chinese Students; Census Data #127 6/6 Meeting; ODNI Overdue Report; US-China Future/Past; Chinese Students; Census Data Back View PDF May 30, 2022 Previous Newsletter Next Newsletter

Newsletter - #359 Andy Phillips to Speak on 11/3; Dr. Wen Ho Lee; 6/2 Meeting Summary Posted; C.N. Yang+ #359 Andy Phillips to Speak on 11/3; Dr. Wen Ho Lee; 6/2 Meeting Summary Posted; C.N. Yang+ In This Issue #359 · Attorney Andy Phillips to Speak at APA Justice Monthly Meeting · Recalling the Case of Dr. Wen Ho Lee · Summary of June 2025 APA Justice Monthly Meeting Posted · In Memoriam: Chan Ning Yang (1922-2025) · News and Activities for the Communities Attorney Andy Phillips to Speak at APA Justice Monthly Meeting Attorney Andy Phillips , Managing & Founding Partner of Meier Watkins Phillips Pusch LLP, will speak at the upcoming APA Justice monthly meeting on November 3, 2025. He represents Dr. Yanping Chen 陈燕平 in Yanping Chen v. FBI (24-5050) . Dr. Chen is a naturalized U.S. citizen from China and longtime educator who founded the University of Management and Technology in Arlington, Virginia. She filed a Privacy Act lawsuit against the U.S. Departments of Justice, Defense and Homeland Security, as well as the Federal Bureau of Investigation (FBI), after a 6-year investigation by the FBI into her past affiliations and immigration history concluded without charges in 2016. After the investigation closed, confidential information from the probe was leaked to media outlets, particularly Fox News reporter Catherine Herridge , which aired stories implying Dr. Chen was involved in espionage. Dr. Chen filed a lawsuit in December 2018 against the Departments of Justice, Defense and Homeland Security, as well as the FBI, asserting a coordinated violation of her privacy rights and focusing on the leak of protected investigation materials. In February 2024, a District Court held Herridge in civil contempt for refusing to disclose her source and imposed a fine of $800 per day—an order stayed pending appeal. The case has major implications for press freedom, racial equity, and privacy rights in national security investigations. APA Justice joined advocacy groups by filing an amicus brief led by Asian American Legal Defense and Education Fund (AALDEF), arguing that the treatment of Dr. Chen reflects broader issues of systemic bias against Chinese Americans. On September 30, 2025, the U.S. Court of Appeals for the D.C. Circuit affirmed the district court’s order holding Herridge in civil contempt for refusing to disclose her confidential source despite a valid subpoena. Andy Phillips’s practice focuses on counseling clients faced with unfavorable media coverage or other reputational attacks. He has years of experience representing clients in defamation lawsuits before state and federal courts across the country. He has litigated against many of the country’s most well-known media organizations, including Rolling Stone Magazine , The New York Times , CNN , and Fox News . Andy is one of only six attorneys in the United States to be ranked by Chambers for expertise in Plaintiff’s-side First Amendment litigation . 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 . Recalling the Case of Dr. Wen Ho Lee Dr. Wen Ho Lee 李文和 , a naturalized U.S. citizen born in Taiwan, was a senior nuclear scientist at Los Alamos National Laboratory (LANL), where he worked for more than 20 years developing computer codes used to simulate nuclear explosions. In the late 1990s, amid heightened concerns about Chinese nuclear espionage, the FBI and Department of Energy (DOE) began investigating possible leaks of nuclear-weapons data to China. Dr. Lee became a target largely due to his ethnicity.In 1999, the government indicted Dr. Lee on 59 felony counts for allegedly downloading and transferring classified files from secure to unclassified computers. During the investigation, government officials leaked information to the press portraying Dr. Lee as a potential spy. Major media outlets including New York Times , Washington Post , and Los Angeles Times widely published these allegations, effectively convicting him in the public eye before trial.By 2000, it became clear that the government lacked evidence of espionage or criminal intent. Dr. Lee spent nine months in solitary confinement before pleading guilty to a single count of mishandling restricted data; the remaining 58 charges were dropped. Federal Judge James A. Parker publicly criticized the government for its handling of the case, apologizing to Dr. Lee for his treatment and calling the investigation an embarrassment to the nation.Following his release, Dr. Lee filed a civil lawsuit under the Privacy Act against federal agencies and five major media organizations that had reported the leaked allegations. Brian Sun , now a partner at Norton Rose Fulbright US LLP, served as Lee’s lead attorney. Brian Sun framed the case as a crucial defense of civil liberties, privacy rights, and due process, arguing that government leaks had violated Lee’s rights and irreparably harmed his reputation. He successfully navigated complex issues involving media source protection and the disclosure of sensitive documents, ultimately securing a landmark settlement.In June 2006, the case was settled: the U.S. government paid $895,000, and the media organizations contributed $750,000 toward Dr. Lee’s legal fees, with no admission of wrongdoing. The settlement, guided by Brian Sun’s litigation strategy, reinforced the principle that government officials cannot use leaks to publicly convict individuals without evidence.On June 3, 2006, Brian Sun told the Los Angeles Times that the settlement provides “a measure of vindication and accountability.” “We believe the settlement will send a message to government officials that they should not engage in unlawful leaks about private citizens,” he said, “and journalists should be sensitive in reporting information that is divulged from officials who have an agenda.”As noted in the American Physical Society's “ Viewpoint: Wen Ho Lee’s Settlement ” on August 1, 2006, the case of Dr. Wen Ho Lee remains a landmark in the intersection of science, national security, civil liberties, and media responsibility. The APS analysis emphasized that while the settlement brought an end to the litigation, it left unresolved the deeper tensions between government secrecy, press freedom, and the protection of individual rights. It underscored how Dr. Lee's case became a cautionary tale—reminding both policymakers and the scientific community that the pursuit of security must never come at the cost of justice, due process, or human dignity. Summary of June 2025 APA Justice Monthly Meeting Posted Summary for the June 2025 APA Justice monthly meeting has been posted at https://bit.ly/48ABX4J . We thank these distinguished speakers for sharing their insightful remarks and updates: · Judy Chu , Chair Emeritus, Congressional Asian Pacific American Caucus; Member, U.S. House of Representatives · Judith Teruya , Executive Director, Congressional Asian Pacific American Caucus · Jiny Kim , Vice President of Policy and Program, Advancing Justice | AAJC · Gisela Perez Kusakawa , Executive Director, Asian American Scholar Forum (AASF) · Ya Liu , Member, North Carolina House of Representatives · Juanita Brent , Member, Ohio House of Representatives · Edgar Chen , Special Policy Advisor, National Asian Pacific American Bar Association (NAPABA) · Aki Maehara , Professor, Historian, East Los Angeles College Past APA Justice monthly meeting summaries are available at https://www.apajusticetaskforce.org/library-newsletters-summaries *****On April 29, 2025, Professor Aki Maehara , age 71, was riding his electric bicycle home in Montebello when a car struck him from behind. The driver shouted anti-Asian slurs before and after the collision. Professor Maehara believes he was targeted due to his academic work and previous threats he had received.The attack left Professor Maehara with serious injuries, including a concussion, fractured cheekbone, neck pain, and a lacerated elbow. The dental damage was particularly severe, requiring extensive and costly dental implant surgery. Professor Maehara returned to teaching at East Los Angeles College shortly after the incident. A GoFundMe was updated in August 2025, describing his need for a home health aide and major dental surgery.The Montebello Police Department is investigating the incident as a possible hate crime and attempted vehicular homicide. Some have criticized the police investigation, claiming key information from Professor Maehara was initially omitted from the report. As of October 2025, the department has not publicly identified any suspects in the case despite being "No. 1 priority" since May. In Memoriam: Chan Ning Yang (1922-2025) Chen Ning Yang (杨振宁) , one of the world’s most renowned theoretical physicists and a Nobel prize winner, died on October 18, 2025, in Beijing at the age of 103 after an illness.Born in Hefei, Anhui Province, China, in 1922, Yang received his early education in China before earning his bachelor’s degree from the National Southwestern Associated University in Kunming during wartime. He later pursued graduate studies in the United States, earning his Ph.D. from the University of Chicago in 1948 under the mentorship of Enrico Fermi .Yang’s groundbreaking contributions reshaped modern physics. He and his collaborator Tsung-Dao Lee (李政道) proposed in 1956 that parity — long assumed to be conserved — could be violated in weak nuclear interactions. The theory was soon confirmed experimentally, leading to their shared Nobel Prize in Physics in 1957. Beyond parity violation, Yang made profound advances in statistical mechanics, gauge theory, and the Yang–Mills theory — a cornerstone of the Standard Model of particle physics.After teaching at the Institute for Advanced Study in Princeton University, Yang joined Stony Brook University in 1966, where he founded the Institute for Theoretical Physics (now named the C.N. Yang Institute for Theoretical Physics) and mentored generations of scientists. In 2003, Yang returned to China, joining Tsinghua University as an honorary professor and continuing to promote international scientific exchange.Known for his intellectual rigor and lifelong curiosity, Yang’s career spanned the era from wartime China to the quantum age, symbolizing the global nature of scientific inquiry. He inspired several generations of young people in both the United States and China to pursue science with passion and integrity. His legacy endures not only through his discoveries but also through his commitment to fostering dialogue between China and the world in science and education. News and Activities for the Communities 1. APA Justice Community Calendar Upcoming Events: 2025/10/23 C100 Asian American Career Ceilings Initiative: Asian American Women in the Law2025/11/03 APA Justice Monthly Meeting2025/11/03 Advocacy 101 for Scholars, Scientists, and Researchers2025/11/20 Cook County Circuit Court Hearing2025/11/25 Committee of 100 Conversations – “Recollections, Pioneers and Heroes” with Elaine ChaoVisit https://bit.ly/3XD61qV for event details. 2. In Memoriam: Jerome Cohen (1930-2025) Jerome A. Cohen , a pioneering scholar of Chinese law and a leading voice for human rights, died on September 22, 2025, at his home in Manhattan. He was 95.Born in New York City in 1930, Cohen graduated from Yale Law School, clerked for Chief Justice Earl Warren and Justice Hugo Black , and began his academic career at the University of California, Berkeley. Fascinated by China, he studied Mandarin in the early 1960s and went on to found the East Asian Legal Studies Program at Harvard Law School in 1964, the first of its kind in the United States.After Mao Zedong ’s death, Cohen joined Paul & Weiss, advising companies entering China and helping Chinese officials understand modern commercial law. In 1990, he joined New York University School of Law, where he mentored lawyers, judges, and human rights advocates from across Asia and became an influential voice in U.S.–China legal dialogue.Renowned for his intellect and integrity, Cohen defended persecuted lawyers and dissidents and never wavered in his belief that law could be a bridge to justice. His legacy endures through the institutions he built and the generations he inspired. # # # 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 October 23, 2025 Previous Newsletter Next Newsletter

Newsletter - #11 Amicus Brief Filed; "Red Scare" Series Wins Award; Briefing For Senator Warner #11 Amicus Brief Filed; "Red Scare" Series Wins Award; Briefing For Senator Warner Back View PDF August 21, 2020 Previous Newsletter Next Newsletter

Newsletter - #306 Protect Birthright Citizenship; Year of The Snake; CSIS Study; UMichigan Ends Program+ #306 Protect Birthright Citizenship; Year of The Snake; CSIS Study; UMichigan Ends Program+ In This Issue #306 · Protect Birthright Citizenship · Happy New Year of The Snake! · CSIS: Advancing U.S.-China Coordination amid Strategic Competition · University of Michigan Ends Joint Program with Chinese University · News and Activities for the Communities Protect Birthright Citizenship On January 20, 2025, The Trump Administration issued an executive order seeking to strip certain babies born in the United States of their U.S. citizenship. During his first administration in October 2018, President Donald Trump announced his intention to issue such an executive order to end birthright citizenship for children born in the U.S. to non-citizen parents, but legal experts and lawmakers, including Speaker of the House Paul Ryan , contended that such a change would require a constitutional amendment.Immigrants’ rights advocates promptly filed a lawsuit on the same day the executive order was released. The case was filed by the American Civil Liberties Union, ACLU of New Hampshire, ACLU of Maine, ACLU of Massachusetts, Asian Law Caucus, State Democracy Defenders Fund, and Legal Defense Fund on behalf of organizations with members whose babies born on U.S. soil will be denied citizenship under the order, including New Hampshire Indonesian Community Support, League of United Latin American Citizens (LULAC), and Make the Road New York. The lawsuit charges the Trump administration with flouting the Constitution’s dictates, congressional intent, and long standing Supreme Court precedent. Read the press release by ACLU and the Legal Defense Fund .On January 21, 2025, media outlets including AP News , Bloomberg , the Guardian , and New York Times reported that attorneys general from 22 states filed lawsuits against the executive order. Two separate cases aim to block the directive. One, led by 18 state attorneys general and joined by San Francisco and Washington, D.C., was filed in Federal District Court in Massachusetts The second was filed in Seattle federal court by Washington State Attorney General Nicholas Brown and three other states.New Jersey Attorney General Matt Platkin said that presidents might have broad authority but they are not kings. Connecticut Attorney General William Tong , a U.S. citizen by birthright and the nation’s first Chinese American elected attorney general, said the lawsuit was personal for him. The 18 states involved in the Massachusetts case include California, Colorado, Connecticut, Delaware, Hawaii, Maine, Maryland, Massachusetts, Michigan, Minnesota, Nevada, New Jersey, New Mexico, New York, North Carolina, Rhode Island, Vermont, and Wisconsin. Birthright citizenship, rooted in the 14th Amendment, guarantees U.S. citizenship to nearly all children born on U.S. soil, with the narrow exception of children of foreign diplomats. Ratified in 1868, the amendment overturned the Dred Scott decision, which had denied Black Americans the rights of citizenship. In 1898, the U.S. Supreme Court upheld this principle in United States v. Wong Kim Ark, affirming that children born to immigrant parents in the U.S. are entitled to citizenship—a precedent that has stood for over a century. Norman Wong , 74, the great-grandson of Wong Kim Ark , denounced the executive order in an interview with NBC News , calling it “troubling” and divisive. “He’s feeding off the American mindset, and it’s not a healthy one,” Wong said. “We can’t build the country together and be against everybody. … If we have good thoughts and work from that, we’ll get a better world. But it’s not going to be easy in this country.” Watch the NBC News report: https://www.youtube.com/watch?v=ZMpC2amB_L8 (2:30) Why the United States Has Birthright Citizenship The complaint filed in Massachusetts argues that "birthright citizenship embodies America’s most fundamental promise: that all children born on our soil begin life as full and equal members of our national community, regardless of their parents’ origins, status, or circumstances. This principle has enabled generations of children to pursue their dreams and build a stronger America."According to History.com , birthright citizenship was initially limited to free white people. In 1790, the nation's first naturalization law stated that “free white persons” could gain citizenship if they had lived in the U.S. for two years and had a good character. The new citizens’ children under the age of 21 were given citizenship. But the new naturalization law ignored massive swaths of American society, including enslaved people and Native Americans, neither of whom were considered citizens.In 1857, as arguments about slavery roiled, the U.S. Supreme Court further entrenched racial exclusion with its ruling in Dred Scott v. Sandford . T he court declared that Scott, an enslaved man seeking his freedom, was not a citizen because of his African descent. It also concluded that no person of African descent, even if born in the U.S., could be considered a citizen.After the Civil War, the abolition of slavery spurred a redefinition of citizenship. The 14th Amendment , ratified in 1868, proclaimed that “all persons born or naturalized in the United States, and subject to the jurisdiction thereof,” are citizens. This sweeping declaration fundamentally reshaped the concept of birthright citizenship.Still, the rights of children born to immigrant parents remained uncertain until Wong Kim Ark, a Chinese American, challenged the system —and won. Born in 1873 in the U.S. to Chinese immigrants, Wong’s claim to citizenship was complicated by the Chinese Exclusion Act of 1882 , which barred Chinese nationals from becoming naturalized citizens. In 1898, Wong faced his defining legal battle after being denied reentry into the U.S. following a trip to China. Stranded on a ship in San Francisco harbor, Wong’s case became a test for the Department of Justice, which sought to prove that individuals of Chinese descent were not entitled to citizenship. The case reached the U.S. Supreme Court, where Wong won. Associate Justice Horace Gray , writing for the majority, affirmed that the 14th Amendment “includes the children born, within the territory of the United States, of all other persons, of whatever race or color, domiciled within the United States.” Gray warned that denying citizenship to Wong would set a precedent that could strip citizenship from thousands of individuals of European descent, including those of English, Irish, German, and other ancestries, who had long been recognized as citizens. Gray’s reasoning underscored the broader implications of Wong’s victory: allowing a Chinese American to claim birthright citizenship did not endanger the rights of white Americans but rather safeguarded the foundational principles of equality and citizenship for all. APA Justice will monitor and track the development of New Hampshire Indonesian Community Support v. Trump (1:25-cv-00038) , Doe v. Trump (1:25-cv-10136) , and State of Washington et al v. Trump et al (2:25-cv-00127). Happy New Year of The Snake! January 29, 2025, marks the beginning of the Year of the Snake in the Chinese Zodiac. The Year of the Snake occurs every 12 years, and individuals born in the following years are considered to have Snake as their zodiac sign: 1929, 1941, 1953, 1965, 1977, 1989, 2001, 2013, and 2025. Since the Chinese New Year typically falls in late January or early February, those born early in the year should check the specific start and end dates for the Year of the Snake.Also known as Lunar New Year, the festival is celebrated across Asia with diverse and vibrant traditions rooted in themes of family reunions, renewal, and good fortune. In China, it is known as Spring Festival and features family gatherings, red envelopes, and lion dances. South Korea's Seollal includes ancestral rituals, folk games, and rice cake soup symbolizing longevity. In Vietnam, Tết celebrations center around ancestor worship, house cleaning, and the exchange of red envelopes. Mongolians observe Tsagaan Sar with milk-based dishes, meat dumplings, and visits to elders, emphasizing renewal and purification. Ethnic Chinese communities in Southeast Asia, including Malaysia, Singapore, Indonesia, and Thailand, also celebrate with their unique cultural traditions.This year invites us to sharpen our focus and pursue shared goals with precision and intuition, much like the snake navigating its path. May we embrace challenges with courage, transforming uncertainties into opportunities for growth.Let the Year of the Snake inspire us to strengthen our bonds, celebrate our diversity, and uphold the values of fairness and inclusion. Together, we can make this year a time of renewal, progress, and shared prosperity. Wishing you a year filled with wisdom, health, and success. Happy Year of the Snake! CSIS: Advancing U.S.-China Coordination amid Strategic Competition In November 2022, the CSIS Freeman Chair in China Studies and the Brookings John L. Thornton China Center initiated a project to identify safe and effective methods for collaboration among nonstate actors on critical challenges facing the United States and China. On January 15, 2025, the Center for Strategic and International Studies (CSIS) released a three-part report, Advancing U.S.-China Coordination amid Strategic Competition: An Emerging Playbook, exploring opportunities for collaboration on transnational issues despite the ongoing rivalry between the two nations. Part I: Scoping the Challenge The U.S.-China relationship, dating back to 1844, has alternated between cooperation and conflict, with the current era defined by intense strategic competition across military, economic, technological, and diplomatic domains. This rivalry is exacerbated by a weakening post–World War II international order, rising nationalism, and mutual distrust. Both nations struggle to coordinate efforts on global issues like climate change, food security, and public health. The U.S. increasingly aligns with democratic allies like the G7, while China emphasizes its role within BRICS+ and the Global South. Without collaboration, growing competition threatens the international order and increases the risk of global conflict. Part II: Insights from Case Studies and Track 2 Dialogue Joint research by CSIS and Brookings, including a 2024 track 2 dialogue on climate-smart agriculture, highlights three key lessons for collaboration: 1. Geopolitical context shapes collaborative opportunities, often guided by national interests. 2. Nonstate actors should align initiatives with the national priorities of both countries. 3. New approaches to track 2 dialogues, such as longer, informal meetings in neutral venues, foster more effective cooperation. These insights underscore the importance of working on shared challenges like food security and sustainable agriculture. Part III: Recommendations for Advancing Collaboration The report calls for proactive U.S.-China collaboration on shared global challenges, arguing that waiting for reduced competition is not a viable strategy. Key recommendations include: · Normalizing coordination amid competition. · Securing high-level commitment from both governments. · Prioritizing specific, manageable issues. · Identifying neutral venues for cooperation. · Leveraging track 2 dialogues to explore innovative solutions. While mutual mistrust persists, the report emphasizes the urgent need for collaboration on critical issues like pandemics, food insecurity, and environmental degradation to safeguard global security and prosperity. Read the CSIS report: https://bit.ly/40IllUc University of Michigan Ends Joint Program with Chinese University On January 10, 2025, the University of Michigan (UM) announced the termination of its longstanding partnership with Shanghai Jiao Tong University (SJTU), marking the end of a two-decade academic collaboration.The decision, confirmed by UM President Santa J. Ono , follows concerns raised by the U.S. House Select Committee on Strategic Competition with China, chaired by U.S. Representative John Moolenaar . The UM-SJTU partnership, which included the UM-SJTU Joint Institute and facilitated dual-degree programs and international exchanges, will allow current students to complete their degrees without disruption. UM emphasized its commitment to international education, balancing national security concerns with fostering global academic partnerships.“International experiences are vital for our students in this interconnected world,” Ono said. “We remain committed to supporting UM’s international students and will continue to foster international partnerships that advance knowledge and cross-cultural understanding and ensure our campus remains a vibrant community where scholars from around the world can thrive.”According to Science on January 13, 2025, the termination of the UM-SJTU partnership reflects broader tensions between U.S. and Chinese academic collaborations. The joint institute, which engaged in biomedical and energy research, faced scrutiny for potential links to China’s defense advancements. This move follows similar actions by other U.S. institutions, such as Georgia Tech and UC Berkeley. Tony Chan , a mathematician at UCLA and former president of the Hong Kong University of Science and Technology, described the trend as indicative of the “deep and steep downturn” in U.S.-China scientific relations. “The message is very clear to universities: Don’t have anything to do with China,” said Chan, who also led the King Abdullah University of Science and Technology from 2018 to 2024. He warned that the academic "decoupling" between the two nations will harm both countries. “It’s not good for science,” Chan added. “And it doesn’t look like things are going to get better anytime soon.”Read the UM announcement: https://bit.ly/4g6Xv95 . Read the Science report: https://bit.ly/4jrh6DR News and Activities for the Communities 1. APA Justice Community Calendar Upcoming Events: 2025/01/23 Community Reactions to the Trump Administration's "Day One" Priorities2025/02/02 Rep. Gene Wu's Town Hall Meeting2025/02/03 APA Justice Monthly Meeting2025/02/03 Getting China Right: Launch of ACF Institute at SAIS, Johns Hopkins University2025/02/13-15 2025 AAAS Annual Meeting2025/02/16 Rep. Gene Wu's Town Hall Meeting 2025/03/02 Rep. Gene Wu's Town Hall Meeting2025/03/03 APA Justice Monthly Meeting Visit https://bit.ly/3XD61qV for event details. 2. Get Help Today on LA Fires Californians can go to CA.gov/LAfires – a hub for information and resources from state, local and federal government. Individuals and business owners who sustained losses from wildfires in Los Angeles County can apply for disaster assistance: · Online at DisasterAssistance.gov · Calling 800-621-3362 · By using the FEMA smart phone application · Assistance is available in over 40 languages · If you use a relay service, such as video relay service (VRS), captioned telephone service or others, give FEMA the number for that service. Please share with your families, friends, and colleagues in the Los Angeles area. 3. Vincent Chin Institute: First Executive Director Job Announcement The Vincent Chin Institute (VCI) is seeking its inaugural Executive Director to lead efforts in combating hate through organizing, education, and narrative change. This full-time, remote position offers a salary range of $125,000 to $150,000, depending on experience, and includes comprehensive benefits. The ideal candidate will have a deep understanding of Asian American and Pacific Islander (AAPI) experiences, a proven track record in organizational leadership, fundraising, and program development, and the ability to build cross-sector partnerships. Applications are being reviewed on a rolling basis, with early submissions encouraged by January 24, 2025. For more information, visit https://bit.ly/4jmFFSi 4. OPM Revises Executive Core Qualifications On January 17, 2025, Government Executive reported that " Senior Executive Standards Get first Update in More Than 15 Years ."The Senior Executive Service (SES) was created under President Jimmy Carter as part of the Civil Service Reform Act of 1978. The SES was designed to establish a cadre of high-level federal managers who would provide leadership across agencies and ensure the continuity of expertise in the federal government. Its creation aimed to increase the flexibility and accountability of senior federal executives while fostering efficiency and effectiveness in public administration.The Office of Personnel Management (OPM)'s updates to the SES executive core qualifications will take effect on July 1, 2025. As part of the updates, OPM added data literacy and systems thinking as new sub-competencies and modified the name of the technology management sub-competency to leveraging technology. The agency also included interpersonal skills, building workplace culture and strategic communication as new sub-competencies. # # # APA Justice Task Force is a non-partisan platform to build a sustainable ecosystem that addresses racial profiling concerns and to facilitate, inform, and advocate on selected issues related to justice and fairness for the Asian Pacific American community. For more information, please refer to the new APA Justice website under development at www.apajusticetaskforce.org . We value your feedback. Please send your comments to contact@apajustice.org . Back View PDF January 22, 2025 Previous Newsletter Next Newsletter

Kaikai Zhao 赵凯凯 Docket ID: 1:20-cr-00187 District Court, S.D. Indiana Date filed: Aug 4, 2020 Date ended: July 26, 2021 Table of Contents Overview 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 claimed visa violation, including Kaikai Zhao. A fifth scientist was arrested for similar charges in August 2020. Kaikai Zhao applied for a United States Non-Immigrant Visa in June 2018 and was issued an F1 Visa for a PhD program studying machine learning and artificial Intelligence at Indiana University (IU) in Bloomington, Indiana. On July 23, 2020, DOJ charged Kaikai Zhao and charged with one count of visa fraud and one count of making false statement. On July 23, 2021, Acting U.S. Attorney John E. Childress and Assistant United States Attorney Matthew J. Rinka motioned to dismiss the case against Kaikai Zhao “with prejudice, in the interests of justice.” On July 26, 2021, Judge James R. Sweeny, II, granted the dismissal of the case against Kaikai Zhao. The other four visa fraud cases were also dismissed at the same time. The five visa fraud cases including Kaikai Zhao were identified under the China Initiative, but they were removed from the DOJ online report after their dismissals. Five “Visa Fraud” Cases he Department of Justice (DOJ) announced visa fraud charges against four of five scientists from China on July 23, 2020. The fifth scientist, Lei Guan, was first charged in August 2020 for Destruction and Alteration of Records in a Federal Investigation with visa fraud charges added in September 2020. The announcement of the visa fraud cases coincided with the U.S. order to close China’s consulate in Houston, accusing it to be a "spy center" to conduct spying activities with local medical centers or universities. The five Chinese scientists are: Lei Guan (关磊) , Visiting researcher (mathematics), University of California at Los Angeles Dr. Chen Song (宋琛) , Visiting researcher (neurology), Stanford University Dr. Juan Tang (唐娟) , Visiting researcher (cancer), University of California at Davis Xin Wang (王欣) , Visiting researcher (neurology), University of California at San Francisco Kaikai Zhao (赵凯凯), Doctoral candidate (machine learning and artificial intelligence), Indiana University These five visa fraud cases were abruptly dismissed by DOJ in July 2021 without an explanation for the dismissals. Wyn Hornbuckle, a Justice Department spokesman issued a statement that said "[r]ecent developments in a handful of cases involving defendants with alleged, undisclosed ties to the People’s Liberation Army of the People’s Republic of China have prompted the department to re-evaluate these prosecutions... We have determined that it is now in the interest of justice to dismiss them.” On July 22, 2021, Reuters reported that there was "recently disclosed evidence of a report by FBI analysts that questioned if the visa application question on 'military service' was clear enough for Chinese medical scientists at military universities and hospitals." In another report by the Washington Post, an unnamed official was quoted to say that "the punishment for visa fraud typically does not exceed a year. That fact, combined with the prospect of prolonged litigation in several instances, led officials to assess that the interests of justice were best served by dropping the cases." Upon further research, defense attorneys for Dr. Juan Tang filed a Defendant's Trial Brief and Memorandum Supporting Dismissal at Trial on July 19, 2021. It included a section on "The FBI’s Deliberate Failure to Disclose Critical Exculpatory Evidence to the Court and to the Defense Warrants a Dismissal of this Ill-Conceived Indictment." "There is dissension in the FBI’s own ranks," the trial brief started. It cited that the government intentionally did not comply with the discovery order for the trial and highlighted that "... just days ago, a heavily redacted report dated for release four months ago, on April 1, 2021, which the government did not disclose to this Court when it ruled on Dr. Tang’s Motion to Dismiss." Exhibit A shows a FBI Background Note dated April 1, which includes a statement that investigations and expert interviews "suggest that the visa application form (DS-160) potentially lacks clarity when it comes to declaring one's military service or affiliation." DOJ motioned to dismiss Dr. Juan Tang’s case four days before the trial was to start on July 26, 2021. On July 12, 2021, a partially redacted draft FBI report appeared as part of an exhibit in a non-motion response filed in the case of Lei Guan. The 28-page exhibit includes a draft white paper that provides assessments on seven cases under the "China Initiative," including the five that were dismissed. The draft paper states that targeting of the researcher and students "likely had minimal, short-term positive impact on the technology transfer threat from PRC students, scholars, and researchers." In addition, "[o]nly two of the arrests has a nexus to technology transfer violations, ... and none included charges related to other counterintelligence concerns." The operation "likely contributed to the deterioration of the FBI's delicate yet valuable relationship with some US universities by not exercising more caution before approaching PRC students." Although there was strong advice against investigating and arresting students and researchers with the operation, "several FBI field offices proceeded with visa fraud charges for individuals who met the criteria but did not meet the threshold for a high-priority technology transfer threat." "It is in the best national security interest of the FBI to strategically identify, target, and mitigate PRC technology transfer threats while also preserving educational opportunities in the United States for PRC students who do not pose a threat," said an unredacted portion of the FBI report. A footnote also stated that "the FBI does not consider clinical medicine an area of concern for PRC technology transfer." According to the exhibit, a FBI Supervisory Intelligence Analyst drafted the report as a response to a February 2021 award nomination. She was originally included as part of the award nomination but disagreed about the "high impact" the award's nomination claimed to have made. She did not think the arrest of the PLA students met the threshold for high impact at that time, as she assessed at an early stage the impact was minimal. The draft was a way for her to dispute the information contained in the awards packet. She removed herself from the award nomination. In December 2020, John Demers, former head of the China Initiative at DOJ, and William Evanina, former chief of the counterintelligence branch at ODNI, attributed without supporting facts and evidence that more than 1,000 Chinese researchers affiliated with China's People's Liberation Army fled the U.S. after the FBI conducted interviews in more than 20 cities and the State Department closed China’s Houston consulate in July 2020. Some of the visa fraud prosecutions were based on photos of the individuals in uniform. However, wearing a uniform does not always imply military service. There are two non-armed branches in the uniformed services of the United States, including the Public Health Service which is a part of the Department of Health and Human Services and the National Oceanic and Atmospheric Administration Commissioned Officer Corps which is part of the Department of Commerce. Previous Item Next Item

Newsletter - #152 OSTP in the News; Update on Dr. Yanping Chen; Chinese Academics Vindicated; Chip Ban #152 OSTP in the News; Update on Dr. Yanping Chen; Chinese Academics Vindicated; Chip Ban Back View PDF October 27, 2022 Previous Newsletter Next Newsletter

China Initiative Webinars China Initiative Webinar Series #1 The Human and Scientific Costs of The "China Initiative" #2 Policy Needs for U.S. Science and Scientists #3 Building Coalition Against “China Initiative” Discrimination: Fighting racial targeting of Asian Americans and communities of color, past & present #4 Legal Resources and Policy Advocacy: How to Combat Racial Profiling Under the “China Initiative" #5 The Mistrial of Professor Anming Hu under the "China Initiative" #6 The Aftermath in the Mistrial and Racial Profiling of University of Tennessee under the “China Initiative” #1 The Human and Scientific Costs of The "China Initiative" #2 Policy Needs for U.S. Science and Scientists #3 Building Coalition Against “China Initiative” Discrimination: Fighting racial targeting of Asian Americans and communities of color, past & present #4 Legal Resources and Policy Advocacy: How to Combat Racial Profiling Under the “China Initiative" #5 The Mistrial of Professor Anming Hu under the "China Initiative" #6 The Aftermath in the Mistrial and Racial Profiling of University of Tennessee under the “China Initiative” #1 The Human and Scientific Costs of The "China Initiative" #2 Policy Needs for U.S. Science and Scientists #3 Building Coalition Against “China Initiative” Discrimination: Fighting racial targeting of Asian Americans and communities of color, past & present #4 Legal Resources and Policy Advocacy: How to Combat Racial Profiling Under the “China Initiative" #5 The Mistrial of Professor Anming Hu under the "China Initiative" #6 The Aftermath in the Mistrial and Racial Profiling of University of Tennessee under the “China Initiative” #1 The Human and Scientific Costs of The "China Initiative" #2 Policy Needs for U.S. Science and Scientists #3 Building Coalition Against “China Initiative” Discrimination: Fighting racial targeting of Asian Americans and communities of color, past & present #4 Legal Resources and Policy Advocacy: How to Combat Racial Profiling Under the “China Initiative" #5 The Mistrial of Professor Anming Hu under the "China Initiative" #6 The Aftermath in the Mistrial and Racial Profiling of University of Tennessee under the “China Initiative” #1 The Human and Scientific Costs of The "China Initiative" #2 Policy Needs for U.S. Science and Scientists #3 Building Coalition Against “China Initiative” Discrimination: Fighting racial targeting of Asian Americans and communities of color, past & present #4 Legal Resources and Policy Advocacy: How to Combat Racial Profiling Under the “China Initiative" #5 The Mistrial of Professor Anming Hu under the "China Initiative" #6 The Aftermath in the Mistrial and Racial Profiling of University of Tennessee under the “China Initiative”

Newsletter - #252 5/6 Monthly Meeting; Impact of US-China Tensions; Beta Reviewers; Border Issues; CAPAC #252 5/6 Monthly Meeting; Impact of US-China Tensions; Beta Reviewers; Border Issues; CAPAC In This Issue #252 · 2024/05/06 APA Justice Monthly Meeting · AAPI Community Response to Rising Anti-Asian Hostility · Call For Beta Reviewers of China Initiative Web Page and Timecards · Chinese Students in US Tell of "Chilling" Interrogations and Deportations · Thirty Years of Congressional Asian Pacific American Caucus (CAPAC) · News and Activities for the Communities 2024/05/06 APA Justice Monthly Meeting The next APA Justice monthly meeting will be held via Zoom on Monday, May 6, 2024, starting at 1:55 pm ET. In addition to updates by Nisha Ramachandran , Executive Director, Congressional Asian Pacific American Caucus (CAPAC); Joanna YangQing Derman , Director, Advancing Justice | AAJC; and Gisela Perez Kusakawa , Executive Director, Asian American Scholar Forum (AASF), two speakers will describe an upcoming forum with the Asian American and academic communities and the FBI in Houston, which will be co-hosted by TMAC and the Science and Technology Policy Program, Baker Institute for Public Policy, and Office of Innovation at Rice University. · Nabila Mansoor, President, Texas Multicultural Advocacy Coalition (TMAC); Executive Director, Rise AAPI · Kenneth M. Evans, Scholar in Science and Technology Policy, Baker Institute for Public Policy, Rice University We also welcome back · Rebecca Keiser , Chief of Research Security Strategy and Policy, National Science Foundation (NSF), returns to update us on the JASON report on Safeguarding the Research Enterprise , MacroPolo's Global AI Talent Tracker 2.0 , and related activities and development at NSF. 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 . AAPI Community Response to Rising Anti-Asian Hostility A panel of community leaders shared their experiences, discussed actionable steps that the AAPI community and its allies have taken, and explored future strategies to confront xenophobic challenges to the AAPI community in a morning session at the Committee 100 conference on April 19, 2024.Dr. Jeremy Wu , founder of APA Justice Task Force and a C100 member, delivered remarks to open the session, noting that Asian Americans have faced two deadly viruses in recent years - the coronavirus and the social injustice virus. Anti-Asian hostility is not new and racial profiling and xenophobia will not go away soon, he said. Community leaders and groups have been tirelessly combating discriminatory hostility and attacks on the AAPI community. We are a nation of immigrants. We value law and order, but we oppose encroachment on our civil rights and liberties under the guise of national security. We believe in U.S. democracy but stand against poor leadership, harmful policies, and rogue actors, he added. Our communities have responded with diverse strategies and actions, including advocacy, education, mobilization, coalition building, civic engagement, data collection, media collaboration, litigation, and a Yellow Whistle with the message of "We Belong." His presentation is posted here: https://bit.ly/3wbeWV7 Jennifer H. Wu , Founding Partner, Groombridge, Wu, Baughman, and Stone LLP, passionately advocated to help hate crime victims navigate both the criminal justice system and the broader parts of the recovery process where too often there is no script. She spoke about the impact of anti-Asian violence on victims and their families, including her personal experiences representing victims in NYC. In particular, she observed that she was a patent lawyer who became a civil rights lawyer because of the rising tide of anti-Asian violence. She was galvanized to action in working on the widely-publicized reports on anti-Asian violence by the Asian American Bar Association. She noted that prosecutors (District Attorneys) are elected positions but relatively few Asian Americans participate in the process of electing them and there are no Asian American District Attorneys in New York City. She concluded that individuals did not create these problems, but that we all need to come together to solve them. Edgar Chen, Special Policy Advisor, National Asian Pacific American Bar Association, discussed meaningful involvement and participation in state and federal legislative advocacy efforts to combat alien land laws and other discriminatory bills. He observed that there were alternating historical cycles of physical violence against Asian Americans on the streets with codification of anti-Asian sentiment in Congress and state houses and that the community response must deploy a multi-prong approach which includes the elements of grassroots advocacy on the streets including rallies and protests, legislative engagement, and litigation in courts. In order to be effective, Chen argued, advocates must not only fight for the constitutional civil rights of Asian Americans, but must also muster strong economic arguments with empirical backing to demonstrate why discriminatory legislation is not only wrong, but damaging in other ways. Legislators who are blinded by bias will not be convinced by arguments about civil rights, but could be compelled to mitigate economic harms posed by these bills. Another strategy Chen discussed was cultivating strong working relationships with the media - first by being a trusted source of accurate information - which builds a rapport with journalists so that in addition to conveying timely factual background to assist them with their stories, your analysis and advocacy is more credible. Frank H. Wu, President, Queens College, offered candid comments on the importance of allyship and the difficulty of bridge building. He spoke about strategy and tactics. He pointed out that there is a consensus that discriminating against racial minorities is wrong, but distinguishing between citizens and aliens is normal (as in who can vote in elections), but the prejudice against Asian Americans includes the assumption they are perpetual foreigners, and, in any event, the bias toward Asian immigrants is about their racial background and not their citizenship. He discussed how coalitions succeed, such as in Texas, against alien land laws. Asian American itself brings together people whose ancestors fought wars amongst themselves. Finally, he discussed effective messaging, which needs to appeal to other Americans by invoking the ideals of democracy. Cindy Tsai , Interim President of C100, moderated the session, said "the session was an engaging blend of concepts and practical strategy. Anti-Asian sentiment is rising. It's important that the community understands the tools that are available to us to fight against discrimination and xenophobia. It was an honor to work with this panel of community leaders and activists." Call For Beta Reviewers of China Initiative Web Page and Timecards Although the Department of Justice formally ended the China Initiative in 2022, there have been repeated efforts to revive it and such attempts are anticipated to persist in 2024.As a US government national-security program created to address economic espionage, the China Initiative disproportionately targeted Asian Americans and academic communities for administrative errors and harmed academic freedom and open science.The legacy of the China Initiative is an integral part of American history, and its lessons and repercussions must not fade from memory. Failing to acknowledge its impact could pave the way for its recurrence, perpetuating injustices, racial profiling, stigmatization, harm to U.S. leadership in science and technology, and government overreach.As part of the efforts to revamp its website, APA Justice has developed a webpage and 12 timecards to cover the China Initiative from its launch in November 2018 to its announced end in February 2022. During the month of April, we went through an alpha review with key stakeholders and partners. Their feedback is being studied for implementation. We anticipate the completion of this process in the second half of May, at which point we plan to start a beta review. The goal of beta review is to gather feedback on the product's content, performance, usability, and overall user experience in real-world conditions.We are calling for up to 10 volunteers of diverse backgrounds to help us conduct the beta review. Our vision of the eventual web page and timecards on the China Initiative is an open and free resource available for advocacy, research, and education. If you are interested and ready to contribute to this important public and community service initiative, 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 . Chinese Students in US Tell of "Chilling" Interrogations and Deportations According to the Guardian on April 20, 2024, scientists at America’s leading universities complain of stalled research after crackdown at airports as tensions with China rise. The Chinese embassy in Washington said more than 70 students “with legal and valid materials” had been deported from the US since July 2021, with more than 10 cases since November 2023. The embassy said it had complained to the US authorities about each case.The exact number of incidents is difficult to verify, as the US Customs and Border Protection (CBP) agency does not provide detailed statistics about refusals at airports. Testimonies have circulated on Chinese social media, and academics are becoming increasingly outspoken about what they say is the unfair treatment of their colleagues and students.“The impact is huge,” says Qin Yan , a professor of pathology at Yale School of Medicine in Connecticut, who says that he is aware of more than a dozen Chinese students from Yale and other universities who have been rejected by the US in recent months, despite holding valid visas. Experiments have stalled, and there is a “chilling effect” for the next generation of Chinese scientists.“It is very hard for a CBP officer to really evaluate the risk of espionage,” said Dan Berger , an immigration lawyer in Massachusetts, who represents a graduate student at Yale who, midway through her PhD, was sent back from Washington’s Dulles airport in December, and banned from re-entering the US for five years. “It is sudden,” Berger said. “She has an apartment in the US. Thankfully, she doesn’t have a cat. But there are experiments that were in progress.” Academics say that scrutiny has widened to different fields – particularly medical sciences – with the reasons for the refusals not made clear. X Edward Guo , a professor of biomedical engineering at Columbia University, said that part of the problem is that, unlike in the US, military research does sometimes take place on university campuses. “It’s not black and white … there are medical universities that also do military. But 99% of those professors are doing biomedical research and have nothing to do with the military.” But “if you want to come to the US to study AI, forget it,” Guo said.The increased scrutiny comes as Beijing and Washington are struggling to come to an agreement about the US-China Science and Technology Agreement, a landmark treaty signed in 1979 that governs scientific cooperation between the two countries. Normally renewed every five years, since August it has been sputtering through six-month extensions. Following years of scrutiny from the Department of Justice investigation into funding links to China, and a rise in anti-Asian sentiment during the pandemic, ethnically Chinese scientists say the atmosphere is becoming increasingly hostile.“Before 2016, I felt like I’m just an American,” said Guo, who became a naturalized US citizen in the late 1990s. “This is really the first time I’ve thought, OK, you’re an American but you’re not exactly an American.”On March 14, 2024, The Washington Post reported anecdotal stories on Chinese students and academics facing extra scrutiny entering the U.S.Read the Guardian report: https://bit.ly/3WmhlqT . Read the Washington Post report: https://wapo.st/43LZfju Thirty Years of Congressional Asian Pacific American Caucus (CAPAC) CAPAC was established on May 16, 1994. Congressman Norman Y. Mineta , one of the founders of CAPAC, became its first Chair (1994-1995). Since then, the Caucus has been led by four other prominent Asian American, Native Hawaiian, or Pacific Islander (AANHPI) Members of Congress: Congresswoman Patsy Mink of Hawaii (1995-1997), Congressman Robert A. Underwood of Guam (1907-2001), Congressman David Wu of Oregon (2001-2004), and Congressman Mike Honda of California (2004-2011). The Caucus is currently led by Congresswoman Judy Chu , who became CAPAC Chair in February 2011. As AANHPI Heritage Month began on May 1, 2024, CAPAC held a press conference to mark the 30th anniversary of its founding and to highlight the vast contributions of the AANHPI community to the United States, summarized recent CAPAC achievements, and charted a path forward for AANHPIs across the country. Announced speakers included Rep. Judy Chu (CA-28), Rep. Pete Aguilar (CA-33), Rep. Grace Meng (NY-06), Rep. Mark Takano (CA-39), Rep. Ted Lieu (CA-36), Rep. Jill Tokuda (HI-02), Rep. Pramila Jayapal (WA-07), Rep. Ami Bera , M.D. (CA-06), Rep. Ro Khanna (CA-17), Del. Sablan (NMI-AL), Rep. Barbara Lee (CA-12), Rep. Al Green (TX-09). CAPAC is made up of 76 Members of Congress in both the House of Representatives and Senate who advance the interests of the AANHPI community. With over 70 racial and ethnic groups speaking over 100 languages, the AANHPI community includes over 23 million people and is the fastest-growing racial or ethnic group across this past decade.Read the CAPAC press statement: https://bit.ly/4dlsQEO . Visit the CAPAC website at https://capac-chu.house.gov/ White House Proclamation on AANHPI Month, 2024 On April 30, 2024, President Joe Biden issued "A Proclamation on Asian American, Native Hawaiian, and Pacific Islanders Heritage Month, 2024."The Proclamation said in part, "This month, we celebrate the Asian American, Native Hawaiian, and Pacific Islander (AA and NHPI) communities, whose ingenuity, grit, and perseverance have pushed our great American experiment forward."Racism, harassment, and hate crimes against people of AA and NHPI heritage also persist — a tragic reminder that hate never goes away; it only hides. Hate must have no safe harbor in America — that is why I signed the bipartisan COVID-19 Hate Crimes Act, which makes it easier for Americans to report hate crimes, and I also hosted the first-ever White House summit against hate-fueled violence. "Our Nation was founded on the idea that we are all created equal and deserve to be treated equally throughout our lives. We have never fully realized this promise, but we have never fully walked away from it either. As we celebrate the historic accomplishments of AA and NHPIs across our Nation, we promise we will never stop working to form a more perfect Union."Read the White House Proclamation: https://bit.ly/4djMAZC Read the AP News report about the history and evolution of the AANHPI Heritage Month: https://bit.ly/3UnZDjZ News and Activities for the Communities 1. APA Justice Community Calendar Upcoming Events: 2024/05/02 AAGEN 2024 Executive Leadership Workshop2024/05/04 Corky Lee's Asian America: Fifty Years of Photographic Justice Book Tour2024/05/05 Rep. Gene Wu's Town Hall Meeting 2024/05/06 APA Justice Monthly Meeting2024/05/13-14 2024 APAICS Legislative Leadership Summit2024/05/14 2024 APAICS: 30th Annual Awards Gala2024/05/14 Serica Initiative: 7th Annual Women's Gala dinnerVisit https://bit.ly/45KGyga for event details. Back View PDF May 2, 2024 Previous Newsletter Next Newsletter

Newsletter - #245 4/8 Monthly Meeting; Bridge Collapse; Census Changes; Stephen Roach; UMichigan Post; + #245 4/8 Monthly Meeting; Bridge Collapse; Census Changes; Stephen Roach; UMichigan Post; + In This Issue #245 · 2024/04/08 APA Justice Monthly Meeting · The Bridge Collapse in Baltimore is an Immigration Story · Next U.S. Census Will Have New Check Boxes · Stephen Roach: American Sinophobia · US Universities Secretly Turned Their Back on Chinese Professors under DOJ's China Initiative · News and Activities for the Communities 2024/04/08 APA Justice Monthly Meeting The next APA Justice monthly meeting will be held via Zoom on Monday, April 8, 2024, starting at 1:55 pm ET. In addition to updates by Nisha Ramachandran , Executive Director, Congressional Asian Pacific American Caucus (CAPAC); Joanna YangQing Derman , Director, Advancing Justice | AAJC; and Gisela Perez Kusakawa , Executive Director, Asian American Scholar Forum (AASF), confirmed speakers are: · Robert Underwood, Commissioner, President's Advisory Commission on AA and NHPI; Former Chair of CAPAC; Former President of University of Guam · Yvonne Lee, Commissioner, USDA Equity Commission; Former Member, U.S. Equal Employment Opportunity Commission · Chenglong Li, Zhong-Ren Peng, and Jiangeng Xue, Officers of Florida Chinese Faculty Association and Professors of University of Florida · David Inoue, Executive Director, Japanese American Citizens League · Cindy Tsai, Interim President and Executive Director, Committee of 100 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 . On March 29, 2024, NBC News reported on the protest by professors, students and advocates across public university campuses in the Florida who say the State Bill 846 could keep graduate students from "countries of concern" out of their schools. A civil lawsuit, Yin v. Diaz (1:24-cv-21129) , was filed on March 25, 2024. Gisela, Joanna, and Professors Li, Peng, and Xue will give reports on the March 26 rally in Gainesville, Florida, at the April 8 monthly meeting. The Bridge Collapse in Baltimore is an Immigration Story According to Reuters and multiple media reports, they came to the United States seeking a better life. They found themselves laboring on the Francis Scott Key Bridge, fixing potholes under the cover of night, only to tragically lose their lives in the Baltimore harbor. All six victims of the bridge collapse were immigrants from Mexico and Central America, engaging in the type of strenuous work often undertaken by immigrants. At 1:30 a.m. EDT on March 27, 2024, a container ship collided with a support pillar of the bridge, causing it to collapse and sending the workers plummeting into the icy waters of the Patapsco River.Despite police managing to close bridge traffic moments before the collision, the maintenance crew had no time to reach safety.Some were not surprised that all of the victims were immigrants, even though they account for less than 10% of the population in Maryland's largest city."One of the reasons Latinos were involved in this accident is because Latinos do the work that others do not want to do. We have to do it, because we come here for a better life. We do not come to invade the country," said Lucia Islas , president of Comité Latino de Baltimore, a nonprofit group. Government and industry figures show that Hispanics are over-represented in high-risk jobs: 51% of construction workers, 34% of slaughterhouse workers and 61% of landscaping workers.The tragedy coincides with a U.S. presidential election where immigration is a key issue. According to Reuters , President Joe Biden 's administration has grappled with a surge in border crossings, while Republican candidate Donald Trump has employed racist rhetoric against immigrants, referring to them as "animals" and "not people" on the campaign trail and has said he would dramatically ramp up deportation if re-elected on November 5. The tragedy illustrated the contributions that migrants make to the U.S. economy, President of Mexico Andrés Manuel López Obrador said. “This demonstrates that migrants go out and do risky jobs at midnight. And for this reason, they do not deserve to be treated as they are by certain insensitive, irresponsible politicians in the United States,” he said. Will Bunch of the Philadelphia Inquirer castigated the right-wing lawmakers and pundits who have whipped up native-born Americans over immigration, calling immigrants sex traffickers and fentanyl dealers, and even “animals.” The workers who died in the bridge collapse “were not ‘poisoning the blood of our country,’” Will Bunch wrote, “they were replenishing it…. They may have been born all over the continent, but when these men plunged into our waters on Tuesday, they died as Americans.” Historian Heather Cox Richardson quoted Republican President Ronald Reagan, “we lead the world because, unique among nations, we draw our people—our strength—from every country and every corner of the world. And by doing so we continuously renew and enrich our nation…. Thanks to each wave of new arrivals to this land of opportunity, we're a nation forever young, forever bursting with energy and new ideas, and always on the cutting edge, always leading the world to the next frontier. This quality is vital to our future as a nation. If we ever closed the door to new Americans, our leadership in the world would soon be lost.” The tragedy prompts reflection on the broader immigration debate, challenging stereotypes and underscoring the humanity and contributions of immigrants to American society. Related reports: · 2024/03/29 Reuters : Baltimore: immigrants died doing job 'others do not want to do' · 2024/03/29 Los Angles Times : The Baltimore bridge collapse reminds us immigrants often do unheralded and dangerous work · 2024/03/28 MSNBC : The Baltimore bridge collapse victims were all immigrants. Here’s why we can’t ignore that · 2024/03/28 Fox News : Mexico president says Baltimore bridge collapse shows migrants 'do not deserve to be treated as they are' · 2024/03/28 CNN : The true face of immigration · 2024/03/28 Philadelphia Inquirer : A ship crashed Into a Baltimore bridge and demolished the lies about immigration · 2024/03/28 Heather Cox Richardson: Letters from an American · 2024/03/28 Maryland Matters : The bridge collapse is an immigration story · 2024/03/27 CBS News : Key Bridge collapse victims were 'hard workers,' says organization aimed at helping immigrants · 2024/03/27 Democracy Now : Baltimore Key Bridge Collapses, Killing Six Immigrant Workers Who Had No Access to Emergency Warnings · 2024/03/27 Washington Post : Bridge collapse brings stark reminder of immigrant workers’ vulnerabilities Next U.S. Census Will Have New Check Boxes On March 28, 2024, the White House Office of Management and Budget (OMB) unveiled revisions to Statistical Policy Directive No. 15: Standards for Maintaining, Collecting, and Presenting Federal Data on Race and Ethnicity. As reported by NPR, these revisions signify an expansion of the checkboxes for race and ethnicity on the next U.S. census in 2030 and future federal government forms. Under the approved proposals, participants will now encounter a new response option for "Middle Eastern or North African" (MENA) and a reformatted question that includes a "Hispanic or Latino" box under the category "What is your race and/or ethnicity?" There will be instructions that say "Select all that apply." This marks the introduction of the first entirely new racial or ethnic category required on federal government forms since 1977.Advocates for these changes emphasize the importance of updated racial and ethnic data in various aspects, including redrawing voting district maps, enforcing civil rights protections, and informing policymaking and research to better reflect people's identities today.A sea change is underway as federal agencies, as well as state, local governments, and private institutions participating in federal programs, adapt their forms and databases to align with the new statistical standards.By late September 2025, federal agencies must submit public action plans to OMB, aiming to have all of their surveys and statistics in compliance with the new requirements by late March 2029. For over three decades, advocates for Arab Americans and other MENA groups have campaigned for their own checkbox on government forms, reflecting the diverse identities within these communities. Recent research indicates that many individuals of MENA descent do not identify as white, challenging the previous federal government classification that included individuals with origins in Europe, the Middle East, or North Africa.In the last major changes to its standards in 1997, survey participants were allowed to report more than one race and splitting the "Asian or Pacific Islander" category into "Asian" and "Native Hawaiian or Other Pacific Islander," which OMB has now shortened by removing the word "Other."Read the NPR report: https://n.pr/3xmB27c Related reports and statements: 2024/03/28 AP : US changes how it categorizes people by race and ethnicity. It’s the first revision in 27 years 2024/03/28 Politico : Federal government changes how it collects data on race 2024/03/28 The Hill : US Census changes how it categorizes people by race and ethnicity 2024/03/28 CAPAC: CAPAC Chair Commends Historic OMB Updates to Federal Race & Ethnicity Data Standards by Biden-Harris Administration 2024/03/28 The White House: OMB Publishes Revisions to Statistical Policy Directive No. 15: Standards for Maintaining, Collecting, and Presenting Federal Data on Race and Ethnicity Stephen Roach: American Sinophobia In a recent opinion published in Project Syndicate , Professor Stephen S. Roach , a Yale University faculty member and former chairman of Morgan Stanley Asia, addresses the escalating Sinophobia in America and its potential consequences. He is also author of a book titled "Accidental Conflict - America, China, and the Clash of False Narratives." Roach argues that the bipartisan nature of America's Sinophobia is transforming fear into perceived fact, heightening the risk of accidental conflict with China, which could inadvertently provoke the very aggression the U.S. seeks to prevent.He traces the origins of this sentiment back to the early 2000s, when concerns about national security led to suspicions surrounding Huawei's technological advancements, ultimately resulting in sanctions against the company. Since then, Sinophobia has expanded beyond technology to encompass various sectors, including trade and military tensions.Roach also cited China to be equally guilty of its own strain of “Ameri-phobia” – demonizing the US for its accusations of Chinese economic espionage, unfair trading practices, and human rights violations. He highlights the reciprocal nature of fear between the U.S. and China, with both countries demonizing each other based on false narratives.This escalating fear, Roach warns, parallels the red-baiting tactics of the early 1950s in the U.S., now manifesting in unsubstantiated accusations against China by politicians like Representative Mike Gallagher . Roach underscores the absence of concrete evidence supporting many of these allegations, attributing them to the bipartisan politicization of deductive reasoning and America's historical intolerance of alternative ideologies. Roach argues that instead of succumbing to fear, the U.S. must confront its own challenges, such as trade deficits and technological shortcomings, without scapegoating China. He emphasizes the need for rational leadership and quotes President Franklin D. Roosevelt's famous dictum, "The only thing we have to fear is fear itself," urging the U.S. to rise above the politics of fear and uphold its global leadership responsibly. Read the Project Syndicate essay: https://bit.ly/3xhFAvK US Universities Secretly Turned Their Back on Chinese Professors under DOJ's China Initiative According to a University of Michigan report, American universities have increasingly distanced themselves from Chinese professors targeted under the China Initiative and similar federal agency investigations, often pressuring them to resign voluntarily or retire early. At a recent panel discussion on the China Initiative and its aftermath, hosted by the University of Michigan, panelists shared their experiences, insights and lesser-known facts. Gang Chen , one of the professors charged under the China Initiative, expressed gratitude for the support he received from MIT. “I’m the lucky one,” Chen said. Chen was one of the professors charged under the China Initiative, a program launched by the U.S. Department of Justice in 2018 to counter economic espionage from China. Despite the initial purpose, the program primarily focused on cases involving researchers who had failed to disclose ties with China, such as receiving grants, spending sabbaticals or summers, or receiving honorary appointments from Chinese institutions. All charges against Chen were dismissed. Peter Zeidenberg , a lawyer representing scientists and academics accused of economic espionage, highlighted how universities typically distance themselves from accused professors. Instead of acknowledging their awareness of the professors' connections with China or providing proper disclosure training, universities often shift blame to the accused. Universities often deflected blame, telling granting agencies, “It was him. He did it. Go get him,” Zeidenberg said. The National Institutes of Health (NIH) is the largest funder of academic biomedical research on the U.S. Under the China Initiative, NIH started investigating whether federal funds were used properly by faculty. This included examining whether the funds were used to do work in China due to faculty’s undisclosed connections with Chinese institutes. As a result of this investigation, 44% of the 255 professors where NIH asked universities to investigate lost their jobs. “Most of those affected were tenured professors,” said Ann Chih Lin , University of Michigan associate professor of public policy and director of the Lieberthal-Rogel Center for Chinese Studies. According to Lin, NIH made it clear that if they could not resolve concerns regarding a faculty member and a grant, NIH would not only require universities to repay the grant, but also investigate universities’ entire portfolio of NIH grants. Fearing the loss of grant money, universities often approached the implicated professors and encouraged them to resign voluntarily or retire early. This strategy aimed to avoid a public disciplinary hearing or grievance process, which could bring unwanted attention to the case. Professors involved in such investigations typically refrained from discussing their cases to protect both themselves and the universities, often choosing to depart quietly.While the Department of Justice terminated the China Initiative in 2022 amid criticism, the damage has been done. In addition to losing talent, recent research by RuiXue Jia , associate professor of economics at the University of California San Diego, indicates reduced productivity among U.S. scientists with Chinese collaborators, particularly in fields receiving pre-investigation NIH funding. Moreover, the cessation of the China Initiative does not signal the end of repercussions, as federal granting agencies continue their investigations, perpetuating potential harm. Read the University of Michigan report: https://bit.ly/3PJLb4f News and Activities for the Communities 1. APA Justice Community Calendar Upcoming Events: 2024/04/02 AA and NHPI Higher Education Leadership Development Summit2024/04/07 Rep. Gene Wu's Town Hall Meeting2024/04/08 APA Justice Monthly Meeting2024/04/17 Racially Profiled for Being A Scientist: A Discussion of the US DOJ's China Initiative2024/04/18 Corky Lee's Asian America: Fifty Years of Photographic Justice2024/04/19 Committee of 100 Annual Conference and Gala2024/04/19 Appeals Court Hearing on Florida SB 264Visit https://bit.ly/45KGyga for event details. 2. 04/09 China Town Hall On April 9, 2024, a hybrid two-part program, China Town Hall, will be held at the Newton City Hall Memorial Auditorium, Newton City, Massachusetts. The first part of the program features Dr. Kurt Campbell , Deputy Secretary of State, in a national webcast hosted by the National Committee on US-China Relations (NCUSCR). This part of the program starts at 7 pm ET and is scheduled for one hour. Register here: https://bit.ly/4afaDae . The second part of the program is a local conversation with Newton City Mayor Ruthanne Fuller giving welcome address and opening remarks by Professor Min Ye of Boston University and Congressman Jake Auchincloss . Discussions will follow with Professor Lisong Liu of MassArt serving as moderator. This part of the program is co-hosted by NCUSCR and the New England Chinese American Alliance. It is scheduled to start at 8:00 pm ET for 90 minutes. Join the Zoom meeting: https://us02web.zoom.us/w/87627173939#success Back View PDF April 1, 2024 Previous Newsletter Next Newsletter

Newsletter - #185: Florida SB264 Sued; Texas SB147 Dies; Section 702 Abuse; Agnes Hsu-Tang; News/Events #185: Florida SB264 Sued; Texas SB147 Dies; Section 702 Abuse; Agnes Hsu-Tang; News/Events In This Issue #185 Chinese Immigrants Sue Florida Over Unconstitutional and Discriminatory Law Banning Them From Buying Land Texas SB147 Dies in Legislature, with Help from Protests; Louisiana and Alabama Surveillance Misuse Will Impact Section 702 Reauthorization Yellow Whistle Campaign Co-Founder Agnes Hsu-Tang Receives 2023 Statue of Liberty-Ellis Island Award News and Events for the Communities Chinese Immigrants Sue Florida Over Unconstitutional and Discriminatory Law Banning Them From Buying Land On May 22, 2023, a group of Chinese citizens who live, work, study, and raise families in Florida, as well as a real estate brokerage firm in Florida that primarily serves clients of Chinese descent, filed a lawsuit to combat Florida’s discriminatory property law, SB 264. Signed by Governor Ron DeSantis , the legislation unfairly restricts most Chinese citizens — and most citizens of Cuba, Venezuela, Syria, Iran, Russia, and North Korea — from purchasing homes in the state. Unless the courts act, the law will take effect on July 1, 2023.The plaintiffs are represented by the American Civil Liberties Union (ACLU), the ACLU of Florida, DeHeng Law Offices PC 德恒律师事务所, and the Asian American Legal Defense and Education Fund (AALDEF), in coordination with the Chinese American Legal Defense Alliance 华美维权同盟 (CALDA).The lawsuit was filed in the Northern District of Florida of the U.S. District Court. It argues that SB 264 will codify and expand housing discrimination against people of Asian descent in violation of the Constitution and the Fair Housing Act. It will also cast an undue burden of suspicion on anyone seeking to buy property whose name sounds remotely Asian, Russian, Iranian, Cuban, Venezuelan, or Syrian. Gov. DeSantis has argued that this law is necessary to protect Florida from the Chinese Communist Party and its activities. But this misguided rationale unfairly equates Chinese people with the actions of their government, and there is no evidence of national security harm resulting from real estate ownership by Chinese people in Florida.Florida’s dangerous new law recalls similar efforts over the past century to weaponize false claims of “national security” against Asian immigrants and other marginalized communities. In the early 1900s, politicians across the country used similar justifications to pass “ alien land laws ” prohibiting Chinese and Japanese immigrants from becoming landowners. These racist policies not only hurt immigrants financially, but also severely exacerbated violence and discrimination against Asian communities living in the United States. Over time, these laws were struck down by the courts or were repealed by state legislatures because they violated the Constitution’s equal protection guarantees. APA Justice has created a web section to track the lawsuit via CourtListener at https://bit.ly/3OzDEFv. Clay Zhu 朱可亮, Partner of DeHeng Law Offices PC 德恒律师事务所 and Co-Founder of CALDA 华美维权同盟, is scheduled to speak at the June 5 APA Justice monthly meeting. Please send a request to contact@apajustice.org if you wish to join the by-invitation-only meeting. A tentative agenda will be sent to the invitees early next week. Related References and Links ACLU Press Release: Chinese Immigrants Sue Florida Over Unconstitutional and Discriminatory Law Banning Them From Buying Land Complaint: SHEN v. SIMPSON 4:23-cv-00208-AW-MAF ACLU Case Page: Shen v. Simpson - What's at Stake Media reports: AP News , AsAmNews , Axios , CBS News , Forbes , Fortune , Politico , Reuters , The Hill , Independent Florida Alligator , and Tallahassee Democrat Smithsonian Institution: A More Perfect Union - Japanese Americans and the U.S. Constitution Equal Justice Initiative: California Law Prohibits Asian Immigrants from Owning Land APA Justice: Lawsuit Against Florida Senate Bill 264 Texas SB147 Dies in Legislature, with Help from Protests; Louisiana and Alabama According to the Houston Chronicle on May 22, 2023, Texas Senate Bill 147 to stop Chinese citizens from buying land in Texas won’t become law.Even after major revisions were made to the bill to respond to statewide protests, the Texas House did not pass the legislation out of committee over the weekend — effectively killing the legislation for the regular session, which ends next week.The bill triggered protests among Asian-American communities and civil rights groups who said it would block even Chinese citizens who fled the communist nation and are legal permanent residents — including green card holders —from buying property. There are about 100,000 legal green card holders in the United States from the four targeted nations, according to the U.S. Department of Homeland Security."We've got to quit dividing our society," state Sen. John Whitmire , D-Houston, said during a debate in the Senate last month on the bill.Though it passed the Texas Senate, the House State Affairs Committee declined to even hold a hearing on the legislation.State Rep. Gene Wu , a Houston Democrat whose family is from China, said the changes made to the bill didn't dispel the major problems he had with it."National security is a serious issue, but if we are concerned about the actions of foreign governments, then legislation should only affect foreign governments and their agents,” Wu said. “Labeling every person from a nation as an agent of that government is not only unjust, but is also counterintuitive given the number of asylum-seekers and refugees that our nation welcomes from those same counties."Read the Houston Chronicle report: https://bit.ly/3Izh7oG Louisiana Protests Against Alien Land Bills According to The Advocate on May 23, 2023, the Louisiana Legislature is advancing a slate of bills that seek to ban certain “foreign adversaries” – including Chinese companies and people – from buying land in Louisiana, part of a national effort largely pushed by Republican-led states to prevent foreign actors from buying up important land.The bills have garnered a wave of opposition and protests from Chinese-American citizens, including college professors who say the legislation is discriminatory and could threaten their ability to buy homes, either through law or through discrimination from sellers.At least three Republican legislators are pushing bills targeting foreign land ownership, but House Bill 537 by Rep. Valarie Hodges , R-Denham Springs, has drawn the most scrutiny. Hodges’ bill, which the House approved on a 78 to 22 vote, would ban anyone tied to the governments of China, Cuba, Iran, North Korea, Russia and Venezuela from buying or leasing property in Louisiana. “This bill tells us we’re not good Americans,” Abigail Hu , a recent high school graduate in New Orleans, said during a committee hearing on Hodges’ bill. “I believe the language in this bill continues to have an anti-immigrant and xenophobic fear-mongering undertone.” Chinese companies own relatively little U.S. farmland – less than 1%, according to Pew Research – but some U.S. farming groups have nevertheless raised concerns. Read the Advocate report: https://bit.ly/3oB05PU NAPABA Statement on Alabama House Bill 379 The Alabama Asian Bar Association (AABA) and the National Asian Pacific American Bar Association (NAPABA) issued a statement strongly urging the Alabama legislature to safeguard the property rights of all Asian American Alabamians, including the many lawfully present Chinese Americans who call the state home, and who contribute economically, socially, and culturally to life in Alabama. HB 379, known as the “Alabama Property Protection Act,” as introduced, would bar “any individual who is a citizen of China” from purchasing any real estate. Surveillance Misuse Will Impact Section 702 Reauthorization According to the Washington Post on May 22, 2023, the battle to reauthorize expiring surveillance authorities that U.S. national security officials describe as a key cybersecurity tool may have just gotten even more difficult.The FBI has misused the powers — known as Section 702 of the Foreign Intelligence Surveillance Act — more than 278,000 times between 2020 and early 2021, according to an unsealed April 2022 court ruling by Judge Rudolph Contreras of the Foreign Intelligence Surveillance Court. “Yet again, the public is learning about shocking abuses of FISA Section 702, in particular the FBI’s warrantless searches through 702 data for information on Americans,” said Sen. Ron Wyden (D-Ore.). “These abuses have been going on for years and despite recent changes in FBI practices, these systematic violations of Americans’ privacy require congressional action. If Section 702 is to be reauthorized, there must be statutory reforms to ensure that the checks and balances are in place to put an end to these abuses.”The redacted document details instances where the FBI violated its own standards when officials searched for information about Americans. Section 702 is used to spy, without a warrant, on the electronic communications of foreign targets, but that can include their communications with Americans. Agencies can later query the repository using identifiers of those Americans, such as Social Security numbers.The opinion is more proof of the need for a warrant requirement before agencies conduct queries on Americans, the Brennan Center for Justice’s Elizabeth (Liza) Goitein said via email. The Biden administration opposes such a requirement.“The government is trying to dismiss these examples as irrelevant because it has since implemented changes to its training and oversight requirements,” she wrote. “But for 15 years, the government has been telling Congress and the American people that its training and oversight requirements were more than sufficient to protect Americans’ privacy. Clearly, that wasn’t true. This is a textbook case of ‘fool me once, shame on you; fool me twice, shame on me.’”Liza Goitein will speak on this topic at the June 5 monthly meeting. Please send a request to contact@apajustice.org if you wish to join the by-invitation-only meeting.Read the Washington Post article: https://wapo.st/43lfIdb Yellow Whistle Campaign Co-Founder Agnes Hsu-Tang Receives 2023 Statue of Liberty-Ellis Island Award Since 2001, The Statue of Liberty-Ellis Island Foundation has celebrated individuals who embrace the best of what these two American treasures represent: the unique tapestry woven from the stories of our nation’s immigration history, and the role of America and its citizens in championing the ongoing global struggle for liberty and freedom.One of three recipients of the award this year is Yellow Whistle Campaign Co-Founder Dr. Agnes Hsu-Tang . Dr. Hsu-Tang is the first Asian American to lead an American history museum, as Board Chair of the New-York Historical Society, New York’s first museum founded in 1804; she is also Co-Chair of The Met Museum’s Objects Conservation Visiting Committee. Born in Taipei and educated in the U.S. and England in Archaeology and Art History, Dr. Hsu-Tang served on UNESCO scientific committees and participated in missions to Uzbekistan and Turkmenistan; she later advised President Obama’s Cultural Property Advisory Committee on the U.S.-China bilateral agreement to reduce the illicit trafficking of cultural objects. Dr. Hsu-Tang was a Mellon Fellow at Cambridge University and taught at Brown and Stanford, and has authored academic publications and white papers. She was the host of History Channel’s Mysteries of China series and a Discovery Channel Asia contemporary art series that debuted during Art Basel Hong Kong in 2014. A Classical musician, Dr. Hsu-Tang performed at the Kennedy Center at 18 and was a Managing Director on the board of the Metropolitan Opera (2014-2021).APA Justice is a proud member of the Yellow Whistle Team, helping to distribute some of the 500,000 yellow whistles with the message of "We Belong." Read about the Yellow Whistle Campaign: https://bit.ly/2RDZMmB . Read the award announcement: https://bit.ly/3Wvvno2 News and Events for the Communities 1. Episode 1 of 3-part PBS Series, Between Black & White: Asian Americans Speak Out On May 18, 2023, PBS, in partnership with The Serica Initiative, aired Episode 1 of a 3-part series, Between Black & White: Asian Americans Speak Out. “There was a lot of fear in the community. How do we nurture trust? How do we build trust?” — Eddie Zheng , president of The New Breath Foundation and former inmate Eddie Zheng spent 21 years behind bars in California for a crime he committed at age 16. Now he’s committed to building bridges — and bridging the divide between Asian Americans and other communities of color. But he’s not doing it alone. In one San Francisco neighborhood, Blacks and Asian Americans are working together to confront racism, fear, and misperceptions about one another.Watch the PBS Episode: https://to.pbs.org/3op3sJV (video 7:30) 2. AAUP Calls to Fight ‘Tooth and Nail’ in Florida According to Inside Higher Ed on May 24, 2023, the American Association of University Professors (AAUP) released a preliminary report sounding alarm about Florida higher education under Ron DeSantis ’s governorship—and calling for academe to fight back.“It is imperative that we pay attention to the dire situation in Florida now,” the report says. “What is happening in Florida will not stay in Florida. We call on all professional organizations, unions, faculty, staff and administrators across the country to fight such ‘reforms’ tooth and nail and to offer support to our colleagues in Florida however they can. We are in this together.”Read the Inside Higher Ed report: https://bit.ly/3IEiVg5 3. Advancing Health and Well-Being of Asian American, Native Hawaiian, and Pacific Islander (AANHPI) Communities On May 25, 2023, the National Academy of Medicine, the Asian American Pacific Islander Nurses Association, and the National Council of Asian Pacific Islander Physicians will co-host “Advancing Health and Well-Being of Asian American, Native Hawaiian, and Pacific Islander (AANHPI) Communities through Leadership Development and a Shared Health Equity Research Agenda.” This free virtual event will bring together leaders, researchers, and community members alongside professional organizations to discuss strategies for advancing health equity and leadership development for AANHPI communities.The event will feature keynote speakers and panel discussions exploring topics such as the current state of health disparities among AANHPI communities, effective models for leadership development within AANHPI communities, and strategies for developing a shared health equity research agenda that addresses the unique needs of these communities.Participants will have the opportunity to engage in interactive sessions, networking opportunities, and discussions to exchange knowledge and ideas on how to improve health outcomes and well-being for AANHPI communities. By bringing together diverse perspectives and expertise, this event aims to foster collaboration and inspire action towards achieving health equity for AANHPI communities.Registration is free, but is required for attendance. Read and register for the event: https://bit.ly/3MxY4fx 4 . Our Voices Now: A Black and Asian Dialogue to Action On May 24, 2023, AARP will convene Asian American and Pacific Islander and Black communities to address the double pandemic of COVID and systemic racism. In this free online event, AARP will explore the overlooked history of working together for positive change and open up the conversation on empathy, healing and the shared vision of tomorrow.Where do we go from here, and how might we build bridges for multi-generational Asian and Black solidarity? By bringing the communities together, we can move towards our collective physical, mental and financial well-being and how we can uplift Black and Asian communities.The event will be moderated by Richard Lui , NBC News anchor. Panelists are Paula Madison , author and journalist Jose Antonio Vargas , Pulitzer Prize-winning journalist Alex Reid , the first non-Asian Black K-Pop Star Read and register for the event: https://bit.ly/3WvQ6rL 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 May 24, 2023 Previous Newsletter Next Newsletter

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

Newsletter - #195: 6/5 Meeting; Voting Assistance; Stand With Asian Americans; Houston Safety #195: 6/5 Meeting; Voting Assistance; Stand With Asian Americans; Houston Safety In This Issue #195 2023/06/05 Monthly Meeting Summary Posted Asian Americans Feel Particularly Targeted By New Laws Criminalizing Those Who Assist Voters No Longer Suffering In Silence: Asian Americans Denied Tech Leadership Roles Go To Court Houston Town Hall Meetings on Asiatown Community Safety 2023/06/05 Monthly Meeting Summary Posted The June 5, 2023, APA Justice monthly meeting summary has been posted at https://bit.ly/42N0htX . We thank the following speakers for their updates and discussions: Casey Lee , Policy Advisor, Congressional Asian Pacific American Caucus (CAPAC), provided updates on the Preemption of Real Property Discrimination Act introduced by Reps. Al Green and Judy Chu and uplifted a primer on the alien land law issue that was published by Edgar Chen , Special Policy Advisor, National Asian Pacific American Bar Association. Joanna Derman , Director of the Anti-Profiling, Civil Rights and National Security Program, gave updates on three Advancing Justice | AAJC activities: (a) messaging guidance and suggested talking points on how to frame conversations and policy work related to US-China strategic competition, (b) tracking all discriminatory land laws being introduced across the country, and (c) bill analysis guide on US-China legislation and determine its potential for immediate harm. Mary Tablante , Associate Director of Strategic Communications, Asian American Scholar Forum, gave updates on three activities: (a) a video series titled “Project Pioneer” with the National Science Foundation on contributions of Asian American and immigrant pioneers to the US and the world, (b) meetings with the Biden Administration to educate and give voice to issues of concern from the scholar community, and (c) convening an event in partnership with the Asian Pacific American Institute for Congressional Studies on presidential appointments in the Federal Government. Elizabeth Goitein , Senior Director, Liberty & National Security Program, Brennan Center for Justice at NYU School of Law, gave a briefing on the history, problems, and ongoing legislative battle over the reauthorization of section 702 of FISA. Section 702 authorizes warrantless surveillance. It is supposed to target only foreigners overseas, but for the last 15 years it has become a rich source of warrantless access to American’s communications - their emails, their phone calls, their text messages - in a way that completely undermines Congress's intent and Americans’ constitutional rights. Asian Americans and Chinese Americans in particular are extremely likely to be victims of these types of abuses. The Brennan Center's position is that Congress should not reauthorize Section 702 without significant, sweeping reforms. In the case of Professor Xiaoxing Xi 郗小星 , a physics professor at Temple University, he was prosecuted based on false charges that he had shared secret information about superconductor technology. Those charges were the result of the Government's misreading of emails that the Government had intercepted. The Government ultimately had to drop the charges, but only after significant damage to Dr. Xi and his family. Dr. Xi has filed suit against the Government. In that suit, he alleges that the Government accesses emails using Section 702. Clay Zhu 朱可亮 , Partner, DeHeng Law Offices 德恒律师事务所; Founder, Chinese American Legal Defense Alliance (CALDA) 华美维权同盟, gave an update on the lawsuit led by the legal team of CALDA, ACLU, AALDELF, and a law firm against the discriminatory Florida Senate Bill 264 which was signed by Governor Ron DeSantis into law on May 22. The legal team was working on a motion for preliminary injunction. The legal team has received tremendous support from organizations and communities. It shows our communities have realized that this is something we need to take a stand. Clay has also received tremendous support from sister and partner organizations and is monitoring the situations in other states. There is a lot of community efforts happening in Texas and Florida by Professor Steven Pei 白先慎 and many other people and Texas-based organizations lobbying the legislature and voicing our opposition to the bills. Ashley Gorski , Senior Staff Attorney, National Security Project, ACLU, commented that it is essential that we do all that we can to stop this Florida bill in its tracks to prevent copycat litigation from going forward and to work alongside so many community organizations that have been doing the hard work of advocating directly with the legislatures to try to stop these bills from going into effect. Ashley underscores that this law is stigmatizing and discriminatory just by virtue of it being in the books. People's lives are very concretely affected by this law going into effect. They risk losing deposits on the property that they have already contracted. If this law goes into effect, they are going to lose out on the opportunity to purchase that property. A real estate brokerage firm has already seen a decline in prospective clients and expects to lose a significant percentage of its business because of this law. Bethany Li , Legal Director, Asian American Legal Defense and Education Fund (AALDEF), commented that the work that we are doing here on this case is very much in line with the China initiatives that we have done in the past, such as with the South Asian and Muslim community after 9/11. Asian American communities have been targeted for being national security threats and harmed. Throughout the call today, we are hearing not just the alien land law passed in Florida and the ones that we continue to monitor, but also a lot of the surveillance issues that have affected Asian American communities across the board as well as communities of color. One of the ways in which we try to approach our work against violence in Asian American communities is to pay closer attention to how the United States and different states enact laws and policies at different levels contribute to that violence, despite their rhetoric about wanting to protect and support Asian American communities from violence. Haipei Shue 薛海培 , President, United Chinese Americans, reported from Florida where he convened a two-day statewide retreat with the Chinese American community leaders to summarize what they have learned and how to move forward on community matters. With the sudden appearance of the alien land bill, the participants not only saw the bill firsthand, but many were also actively involved in fighting it. About 60 people from six major cities in Florida attended the retreat in Orlando. A new 501(c)(4) organization was born out of this protest movement. The name is Florida Asian American Justice Alliance (FAAJA). At the same time, Chinese American communities in Louisiana and Alabama are still fighting against the bills that impact their lives in their states. The alien land bills impact the Chinese community countrywide. UCA will have similar retreats in other states that have been affected by such laws and prepare for next year, a presidential election year. Participants from California, Georgia, North and South Carolina to Florida. have joined weekly meetings started by Texas state representative Gene Wu every Sunday evening since February. Gene Wu 吳元之 , Member, Texas House of Representatives, saw how angry the community has become because of the importance of the alien land bills, massive organizational efforts, and some real key leaders stepping up to fill the gap. That was how the Texas bills were defeated. The real key was the community’s participation. It is very clear in other states like Louisiana and Florida, they did not have a strong Asian presence in the legislative body. Gene was glad to see in many other states, African American legislators just stood up and took the lead in defending against some of these bills. We need more national leadership on this issue because this issue is not going away. This is an existential crisis for the Asian community and especially for the Chinese community. We have periods and waves of anti-Chinese, anti-Asian sentiment in our nation's history, but this is one of the strongest pushes against our community that Gene has ever seen. Either we stand up and fight, or it is game over. The laws are just the tip of the wave, the crest of the coming wave is anti-Asian hate. There is a perfect storm of Covid, of tensions with China, and economic factors that are going to create the right environment for dramatically increased anti-Asian hate. It should be incumbent upon all Asian communities to start a campaign nationally that this is wrong. It is racist to hold Asian Americans responsible for what happens in other parts of the world when you don't do that to anybody else. We need to engage our media celebrities. We need to engage elected officials. We need to engage the President. We need to engage a lot of other groups to push back against this. A part of this is also fighting these bills at the national level. Read the 6/5 meeting summary: https://bit.ly/46GI6ZO . Watch the 6/5 meeting video: https://www.youtube.com/watch?v=EBYYQipLmis (1:36:15). Read past monthly meeting summaries: https://bit.ly/3kxkqxP Asian Americans Feel Particularly Targeted By New Laws Criminalizing Those Who Assist Voters According to the Associated Press (AP) on July 7, 2023, for a century, the League of Women Voters in Florida formed bonds with marginalized residents by helping them register to vote — and, in recent years, those efforts have extended to the growing Asian American and Asian immigrant communities. But a state law signed by Gov. Ron DeSantis in May would have forced the group to alter its strategy. The legislation would have imposed a $50,000 fine on third-party voter registration organizations if the staff or volunteers who handle or collect the forms have been convicted of a felony or are not U.S. citizens.A federal judge blocked the provision. The NAACP and other groups that register voters sued the state over provisions in a larger elections bill Republican Gov. DeSantis signed on the same day he announced he is running for president. its passage reflects the effort by DeSantis and other GOP leaders to crack down on access to the ballot.“If there’s not access, in terms of language, we can’t get to as many people, which particularly affects AAPI voters,” Executive Director Leah Nash of the League of Women Voters said, referring to the state’s Asian American and Pacific Island population, which has grown rapidly and where more than 30% of adults have limited English proficiency.In states where penalties are getting tougher, the developments have sowed fear and confusion among groups that provide translators, voter registration help and assistance with mail-in balloting — roles that voting rights advocates say are vital for Asian communities in particular.“It’s specifically targeting limited English proficiency voters, and that includes AAPI voters,” said Meredyth Yoon , litigation director at Asian Americans Advancing Justice in Atlanta.In Texas, Republican Gov. Greg Abbott signed a bill in June that raises the penalty for illegal voting to a felony, upping it from a misdemeanor charge that was part of a sweeping elections law passed two years earlier. Alice Yi , who is Chinese American, used to help translate in Austin, Texas, but said the new law isn’t clear about whether good faith mistakes will be criminalized and worries that she could get into trouble by offering assistance. Ashley Cheng , the founding president of Asian Texans for Justice, recalls discovering her mother was not listed in the voter rolls when she tried to help her vote in 2018. They never found out why she wasn’t properly registered. Advocates say this highlights flaws in the system and illustrates how volunteers are essential to overcoming them. Farha Ahmed , an attorney in Texas, said the increased liability in helping these marginalized communities access the ballot box forced her to decide against continuing as an election judge, a position that administers voting procedures and settles disputes concerning election laws. “There’s not a lot of resources and there’s not a lot of protection,” said Ahmed. “Election judges want to help make it easy for people to vote, but with these new laws in place, they’re very unsure of where is their liability when they’re really just trying to do their best to help.”A section of Georgia’s 2021 election bill made it a misdemeanor to offer a voter any money or gifts at polling places, a provision that included passing out water and snacks for those waiting in lines. Attempts to get a court to toss out the ban on snacks and water have so far been unsuccessful. James Woo , the communications director at Asian Americans Advancing Justice-Atlanta, said he won’t even get his parents a drink of water while helping them with their ballots.Read the AP report: https://bit.ly/3NM9z3s No Longer Suffering In Silence: Asian Americans Denied Tech Leadership Roles Go To Court According to USA Today on July 6, 2023, Vaishnavi Jayakumar joined Facebook and Instagram owner Meta after stints at Disney, Google and Twitter in January 2020. Her job on the youth policy team was to protect children and teens from bullying, harassment and other forms of abuse. But Jayakumar – an Asian American originally from Singapore – says she couldn’t shield herself from racial bias on the job. Soon after inquiring how she could move up at Meta, Jayakumar says her supervisor began leaving her out of opportunities and initiatives that used to be in her scope and “layering” her under less experienced employees. Despite years of experience and positive feedback as a team player, Jayakumar says her supervisor told her she was not senior or collaborative enough to be promoted, according to a complaint Jayakumar filed with California’s Civil Rights Department.While her workload and responsibilities increased, Jayakumar says her performance ratings began to slip. “I've never felt more keenly that as an Asian woman, I'm destined to be a worker, I'm not destined to be a leader,” she said in an interview. “And that's an awful feeling... The generations of men and women before us had to suffer in silence. I don't think any one of us wants this to continue for a minute longer than it already has.”Jayakumar is one of a growing number of Asian Americans in the tech industry breaking their silence and going public with charges of discrimination and retaliation. In a series of recently filed lawsuits, they say that racial biases spanning decades in Silicon Valley that typecast Asian Americans as worker bees have shut them out of management and executive positions with greater power, profile and pay.Research shows that Asian Americans are the most likely to be hired in professional roles yet the least likely of all racial groups to break into tech company leadership. At Meta, 46% of employees were Asian American in 2021, but just 27% of executives. White employees, on the other hand, accounted for 39% of Meta's workforce but 58% of its executives.“The tech industry has made progress in becoming more racially diverse in its workforce but has made virtually no progress in becoming more racially equitable in its leadership pipeline,” said Buck Gee , an executive adviser to Ascend Foundation, the nation’s largest network of Asian American professionals. Asian Americans are left out of diversity discussions and initiatives because there is a perception that they don’t face adversity in the workplace when, in fact, the economic realities for Asians and Asian Americans vary greatly, particularly for those in low-wage and low-opportunity jobs on H-1B visas, said Pawan Dhingra , president of the Association for Asian American Studies president and a professor at Amherst College. “Asians are seen as an immigrant group that in many ways is doing pretty well," Dhingra said. "There is not a major movement to worry about the plight of Asian Americans outside of hate crimes on the street.”That began to change with the groundswell of anti-Asian hate and violence during the COVID pandemic. Participation in employee resource groups and workplace activism surged. More Asian Americans began calling out workplace bias, even in the insular tech industry. “The pandemic really galvanized the community, especially those of us in tech, because I think we all saw that what was happening in the streets was happening in the workplace,” said Jack Song , who advises tech startups on their communications and branding. Song says he was inspired to share his story publicly by Justin Zhu , the ex-CEO of tech startup Iterable who is suing his former company and co-founded the nonprofit organization Stand with Asian Americans to help others in a similar situation. Zhu says he filed a lawsuit alleging retaliation after he says he was fired for raising complaints about anti-Asian discrimination. Not everyone has the resources to fight back, Zhu says. So Stand with Asian Americans is launching a workplace justice initiative."A core purpose of the workplace justice initiative is to show that you are not alone in fighting racism in the workplace. We connect people with survivors who have faced discrimination, give moral support, give legal support and we help them tell their story so they can get the support they need in this David vs. Goliath fight," he told USA Today . Ben Huynh says his troubles began in May 2022 when he was promoted into the management ranks at software company Coda. Huynh says he didn’t get a pay increase with the promotion unlike his peers and believed he was earning less than his peers. So he complained to human resources. “Despite the quality of my work, once I had spoken out, the gates began closing around me,” said Huynh, who is Vietnamese American. “I felt iced out and like a pariah.” “There's a shift because people are seeing that they have to take action or things will not change,” said Huynh, who filed a lawsuit against Coda in June, alleging discrimination and retaliation based on race. “If we want to see something change, we have to do something about it.”But with the industry roiled by large-scale layoffs that are disproportionately affecting people of color, the decision to act can be fraught, said attorney Charles Jung . Asian Americans often worry that no one will have their back if they come forward, said Jung, a name partner with Nassiri & Jung. The few Asians who make it to the top seem hesitant to rock the boat or bring up diversity issues, he said.Jung’s client Andre Wong , who is Chinese American, says he found out firsthand the consequences of speaking out in an industry where anti-Asian bias is rarely acknowledged. Wong, who worked at Lumentum for more than 20 years, says he led the development of the company’s most profitable product line and helped the company expand into new markets.In 2021, Wong says he helped start the Asian Employee Resource group which obtained demographic data showing that while 60% of Lumentum’s U.S. workforce is Asian, senior executives were mostly white, with less than 15% of them Asian. In May 2022, Wong said he was given a “glass cliff” assignment – a role that women and minorities are handed with little chance of success – as the only non-white employee on a team. He says he accepted the assignment with assurances he would soon be considered for a promotion to senior vice president. Instead, he was terminated in December. Wong is suing Lumentum for $20 million in damages. He says he would donate a big chunk of any award he receives to the cause of fighting anti-Asian discrimination. “Asian Americans are the engine behind all these tech companies. Many of these technical teams are almost exclusively Asian American employees. But the leadership in strategic or business positions are not minorities," Wong said. "When you finally step back and see it, it’s so stark.” Read the USA Today report: https://bit.ly/3D4mCsk Houston Town Hall Meetings on Asiatown Community Safety According to Houston Public Media on July 7, 2023, Houston police said they are still looking for a second suspect involved in a shooting robbery that led to a restaurant worker being hospitalized. During a townhall meeting in Houston’s Asiatown in the evening of July 6, police said they arrested the first suspect in the robbery of Holam Cheng , who was shot four times, but still need help on finding the second. The meeting was held to address concerns of crime in the community, especially after Cheng was shot. The meeting was attended by U.S. Reps. Sheila Jackson Lee and Al Green , Texas state representative Gene Wu , Chief Troy Finner and Assistant Chief Ben Tien .Throughout the meeting community members discussed concerns with their own experiences. One speaker claimed he and his sister were the victims of a hate crime, but they have yet to get a case number from police on it. “I ended up with concussion, my sister ended up in the hospital with life threatening injuries, she spent a couple of weeks in the hospital. And I’ve reported it to the police and our investigator,” he said. “He refused to contact the perpetrators, three white men. And he refused to interview them.”Finner said he would make sure that he got a case number and would personally look into the case.Other speakers said they wanted the department to increase officers patrolling in Asiatown, and address language barriers when reporting crimes. Finner warned the community that some see them as a target, and to be vigilant.Read the Houston Public Media report: https://bit.ly/43ciTDD Asian residents in Houston demand more bilingual officers to fight crime The second townhall was held in the morning of July 8 at the Chinese Civic Center. HPD Assistant Police Chief Yasar Bashir , Houston Fire Chief Samuel Pena , representation from HCSO, U.S. Congressional Members Sheila Jackson Lee and Al Green , Texas State Senator John Whitmire , Stafford City Council member Alice Chen attended. The discussion was led by Texas State Representative Gene Wu .According Fox26 on July 8, 2023, Asian residents in Houston are concerned about crime in their community and are calling for more bilingual officers to help them feel safe. Residents said in the meeting they are worried about the recent violent crime in the Asiatown area. They specifically cited the case of Holam Cheng , who police say was robbed and shot six times on June 25.According to an update from GoFundMe , "my father has woken up thankfully. He has been undergoing many surgeries and will be continuing to. Thank you everyone for the blessings and support. We will share updates whenever possible."Read and watch the Fox26 report: https://bit.ly/3D30Rc2 Back View PDF July 10, 2023 Previous Newsletter Next Newsletter