Newsletter - #23 APA Justice Meetings; Charles Lieber Lawsuits; New Visa Rules; Early Voting; 2020 Census #23 APA Justice Meetings; Charles Lieber Lawsuits; New Visa Rules; Early Voting; 2020 Census Back View PDF October 19, 2020 Previous Newsletter Next Newsletter

Newsletter - #64 Letter To Commerce Secretary; Profiling Of Federal Employees; More Rallies #64 Letter To Commerce Secretary; Profiling Of Federal Employees; More Rallies Back View PDF June 7, 2021 Previous Newsletter Next Newsletter

On September 9, 2021, Judge Thomas Varlan issued a Memorandum Opinion and Order and acquitted Professor Anming Hu of all charges in his indictment. September 9, 2021 On September 9, 2021, Judge Thomas Varlan issued a Memorandum Opinion and Order and acquitted Professor Anming Hu of all charges in his indictment. Professor Hu is the first academic to go to trial under the "China Initiative." Read more about the latest developments and background of Professor Hu's case at Anming Hu . On September 9, 2021, Judge Thomas Varlan issued a Memorandum Opinion and Order and acquitted Professor Anming Hu of all charges in his indictment. Previous Next Professor Anming Hu Acquitted

Newsletter - #296 APA Justice Applauds New CAPAC Leadership #296 APA Justice Applauds New CAPAC Leadership FOR IMMEDIATE RELEASEDecember 5, 2024 APA Justice Applauds New CAPAC Leadership On December 4, 2024, the Congressional Asian Pacific American Caucus (CAPAC) announced its leadership for the 119th Congress. Rep. Judy Chu (CA-28) transitions to Chair Emerita. The newly elected leadership includes Rep. Grace Meng (NY-06) as Chair, Rep. Mark Takano (CA-39) as First Vice-Chair, Rep. Jill Tokuda (HI-02) as Second Vice-Chair, Rep. Ami Bera, M.D. (CA-06) as Whip, and Rep.-elect Suhas Subramanyam (VA-10) as Freshman Representative.APA Justice applauds CAPAC for electing a new leadership team committed to representing the voice of the Asian Pacific American community and building on the remarkable legacy established under the leadership of Congresswoman Judy Chu, the first Chinese American woman elected to Congress. APA Justice was formed in fall 2015 in response to Chair Chu’s call to build a platform to connect members of Congress, concerned organizations and individuals in wake of the troubling trend of innocent Asian Pacific Americans being unjustly accused of espionage-related charges. With CAPAC’s support under Chair Chu’s leadership, APA Justice played a crucial role in helping achieve the historic settlement for Chinese American scientist Sherry Chen with the Departments of Commerce and Justice, and end the government’s misguided “China Initiative”, which had disproportionately targeted Asian Americans and academic communities, harming academic freedom and open science.We extend our heartfelt congratulations to Congresswoman Grace Meng on her election as the next CAPAC Chair. As the first Asian American elected to Congress from New York, Rep. Meng has been instrumental in advancing CAPAC’s mission. She has tirelessly championed issues vital to the Asian Pacific American community, particularly in combating racial bias and hate directed toward Asian Americans, Native Hawaiians, and Pacific Islanders. Rep. Meng, a regular speaker at APA Justice’s monthly meetings, has shared insights on her groundbreaking work, including the passage of the COVID-19 Hate Crimes Act and the Commission to Study the Potential Creation of a National Museum of Asian Pacific American History and Culture Act. She has been a steadfast supporter of APA Justice’s mission and initiatives.We also congratulate Rep. Mark Takano, Rep. Jill Tokuda, Rep. Ami Bera, and Rep.-elect Suhas Subramanyam on their election to CAPAC’s new leadership team. As we navigate unprecedented challenges in this critical moment in history, we look forward to continuing our collaboration with CAPAC to address social justice and civil rights issues impacting the Asian Pacific American community and to ensure government accountability. # # # 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 APA Justice website at www.apajusticetaskforce.org .As part of its continuing migration to a new website under construction, we have moved the Newsletter webpage to www.apajusticetaskforce.org/newsletters . Content of the existing website will remain, but it will no longer be updated. We value your feedback about the new web page. Please send your comments to contact@apajustice.org . Back View PDF December 5, 2024 Previous Newsletter Next Newsletter

Newsletter - #205 9/11 Meeting; No to Discriminatory Laws; March on Washington; "A Life Well Lived;" + #205 9/11 Meeting; No to Discriminatory Laws; March on Washington; "A Life Well Lived;" + In This Issue #205 2023/09/11 APA Justice Monthly Meeting Tell Congress NO To Discriminatory Land Laws; Is China Really Buying Up U.S. Farmland? NPR Interview UCA on March on Washington Vigil Honors "A Life Well Lived" at The University of North Carolina News and Activities for The Communities 2023/09/11 APA Justice Monthly Meeting The next APA Justice monthly meeting will be held via Zoom on Monday, September 11, 2023, starting at 1:55 pm ET. In addition to updates by Nisha Ramachandran , Executive Director, Congressional Asian Pacific American Caucus (CAPAC); John Yang 杨重远 , President and Executive Director, Advancing Justice | AAJC; and Gisela Perez Kusakawa , Executive Director, Asian American Scholar Forum (AASF), confirmed and invited speakers include: Clay Zhu 朱可亮 (confirmed) , Partner, DeHeng Law Offices 德恒律师事务所; Founder, Chinese American Legal Defense Alliance 华美维权同盟, to report on the latest developments of the lawsuit against Florida's discriminatory alien land law Deborah Seligsohn (confirmed) , Senior Associate (non-resident), Center for Strategic and International Studies; Assistant Professor, Villanova University on the case for US-China Science and Technology Agreement (STA) https://bit.ly/3OMc8En Steve Kivelson (confirmed), Prabhu Goel Family Professor of Physics Luke Blossom Professor, Stanford University, on the joint letter with Professor Peter Michelson to President Joe Biden and members of the National Security Council on renewing the STA https://bit.ly/44xTNPX Sudip Parikh (invited) , Chief Executive Officer and Executive Publisher Science Family of Journals at AAAS, on moving open science, basic research, and US-China collaboration forward in today's environment. Ting Wu (invited) , Advisor, Asian American, Native Hawaiian and Pacific Islander, Office of the Chief of Staff, The White House, on the letter to the President and more The virtual monthly meeting is by invitation only. 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 August 24, 2023, Stanford University Professors Steven Kivelson and Peter Michelson sent a letter to President Joe Biden and the Members of the US National Security Council to express their strong support for renewing the Agreement Between the United States and China on Cooperation in Science and Technology , which was signed by U.S. President Jimmy Carter and Chinese Premier Deng Xiaoping on January 31, 1979. Their letter was endorsed by over 1,000 faculty and scholars from many US universities including multiple Nobel Laureates, members of the National Academies, and of the American Academy of Arts and Sciences. Read the letter: https://bit.ly/44xTNPX . Read the APA Justice coverage: https://bit.ly/3E9NmI8 Tell Congress NO To Discriminatory Land Laws; Is China Really Buying Up U.S. Farmland? NPR Interview 1. Tell Congress NO To Discriminatory Land Laws On August 25, 2023, the American Civil Liberties Union (ACLU) put out a call for the public to tell Congress: Say NO to Discriminatory Land Laws."Dangerous laws are being introduced at the state and federal level right now that use 'national security' as an excuse to discriminate against immigrants from China. In Florida, for example, Governor DeSantis has banned many Chinese immigrants from buying a house in much of the state – a move that is both unconstitutional and unfortunately, not new."This type of 'alien land law' should sound alarm bells for all of us. From the Chinese Exclusion Act of 1882, to the WWII incarceration of Japanese Americans, to the ongoing post-9/11 surveillance of Black and Brown communities – we’ve seen how such racist policies created under the guise of 'national security' are racist and used to scapegoat entire communities."We cannot allow history to repeat itself: Tell your Members of Congress to speak out against any law that falsely equates Chinese people with the Chinese government."Thanks to ACLU, take one easy step to tell Congress NO to discriminatory land laws at https://bit.ly/3qRsFOh 2. CNBC: Is China Really Buying Up U.S. Farmland? According to NBC News on August 26, 2023, state and federal lawmakers are pushing to regulate foreign ownership of U.S. real estate because of fears that Chinese entities are creating a national security risk by amassing swaths of U.S. farmland, some of it near sensitive sites.A review by NBC News of thousands of documents filed with the U.S. Department of Agriculture (USDA), however, shows very few purchases by Chinese buyers in the past year and a half — fewer than 1,400 acres in a country with 1.3 billion acres of agricultural land. In fact, the total amount of U.S. agricultural land owned by Chinese interests is less than three-hundredths of 1%.But the review also reveals a federal oversight system in which reporting of foreign ownership is lax and enforcement minimal. NBC News was able to review filings on foreign purchases and leases of agricultural land, meaning both farm and forestry land, from 35 states since Jan. 1, 2022. The vast majority of the transactions were European wind power companies leasing land from U.S. farmers to build wind turbines. One Italian wind company disclosed 40 new leases of farmland in just one rural Illinois county. The same company had leases in at least four other states.In those 35 states, NBC News found 11 purchases by Chinese entities that had been reported to the USDA from Jan. 1, 2022, to June 30, 2023.Several of the disclosures were not recent sales, and at least one was a repeat of a previous disclosure. Another was not reported to the government till it had been revealed in the media.Historically only about 3.1%, or 40 million acres, of the nation’s 1.3 billion acres of agricultural land has been owned by foreigners. Almost half of the foreign-owned land is forest. USDA records show that a third of the 40 million foreign-owned acres are held by Canadian interests, while Chinese interests hold less than 400,000 acres.In the name of national security, members of Congress have called for tougher laws to regulate foreign land purchases, criticizing existing efforts by the USDA to police disclosure.In late July, the Senate passed a ban on China, Russia, North Korea and Iran buying American agricultural land, but it’s unclear if the amendment will make it into the final defense spending bill that will go to a vote in Congress this fall.Read the NBC News report: https://cnb.cx/3sGWSAk 3. NPR: Slew of new landownership bills are reminiscent of anti-Asian Alien Land Laws On August 28, 2023, National Public Radio (NPR) talked with legal expert Edgar Chen , Special Policy Adviser for the National Asian Pacific American Bar Association (NAPABA), about the recent slew of legislation aimed at restricting U.S. land ownership for Chinese citizens and businesses.The following are excerpts of his responses:"Fear of so-called malign influence by the Chinese Communist Party over American agriculture or fear that China will use land for spying purposes has often been cited as the basis for introduction of these bills. But to be clear, several of these bills, as introduced, also placed restrictions on the ability of ordinary Chinese citizens to purchase residential real estate, like condos."In Florida, a law recently enacted there would prevent persons from certain countries that are deemed adversaries to the U.S. from purchasing agricultural land, land near military bases or critical infrastructure and - so most habitable areas. And that would ban persons from countries like China, Russia, Iran, North Korea, Syria, Venezuela or Cuba from doing so. But that Florida law has an entire separate section dedicated to restricting those from China. And that law even has higher penalties for those violating the Chinese section than for other sections. So there are felony provisions for violating the Chinese section of the Florida law and misdemeanors for the other sections."The Chinese spy balloon in February of this year doesn't help matters. That provided a tangible illustration of the ongoing geopolitical threat posed by China. But again, these laws that we've seen introduced do nothing to address that particular threat head on. I don't see how banning someone from buying a condo in the downtown area will address that particular threat."The problem is there is a false moral equivalency that equates ordinary Chinese citizens, even those with no ties to the Chinese Communist Party, as essentially being agents of those regimes. So these laws assume that if you immigrate from China, your loyalty is to China. And that's extraordinarily harmful to the broader Asian American community in this country."This country has already seen this movie before. We've experienced the discriminatory effects of these laws. The court that recently upheld the Florida law cited to a widely discredited 1923 precedent which contains language about those who are eligible for citizenship and therefore entitled to purchase property. And that 1923 Supreme Court precedent says that Natives of European countries are eligible. Japanese, Chinese and Malays are not. That is the type of case law that is being cited to. And as an Asian American and as a lawyer, I'm stunned that the court would continue to rely on a case that contains so much discriminatory reasoning. "As legal precedent, those alien land laws helped set the groundwork for the incarceration of Japanese Americans during the Second World War. So for the Asian American community, we have seen this. This slippery slope has already come and, we thought, gone."Listen to the interview and read the entire transcript at: https://n.pr/45Sa4k6 . Follow APA Justice coverage of Alien Land Bills at: https://bit.ly/43epBcl UCA on March on Washington According to a summary report on the 60th anniversary of the March on Washington by United Chinese Americans (UCA), several hundred members and partners joined the March at the Lincoln Memorial in Washington DC on August 26, including nine members of its Board of Directors. UCA made customized placards and banners such as "We Belong Here", "Against Asian Hate", "One Common Dream" and wore unified UCA T-Shirts. At the same time, as a symbol of anti-Asian hate, thousands of Yellow Whistles were distributed on the spot. The Yellow Whistles were described as "a symbol of self-preservation and solidarity in the fight against racism and anti-Asian violence," and feature a yellow color that "has been used as a symbol of hateful mentality against Asians." Haipei Shue 薛海培 , UCA President, was invited to have a cordial and in-depth conversation with Martin Luther King III and his daughter-in-law, Arndrea Waters King , and discussed the development of the American civil rights movement and cooperation.Haipei Shue remarked afterwards: "Today, I participated in the historic 60th anniversary March on Washington. I met with the King family and had a good talk. I expressed my gratitude from the Chinese community, telling them that without the March on Washington in 1963 and the vigorous civil rights movement in the 1960s, there would be no immigration law reform in 1965, and thus many Chinese would not be able to settle down in the United States today. I further told his family about the current difficult situation faced by the Chinese community such as the 'China Initiative' and the discriminatory alien land bills, as well as UCA outreach to various ethnic groups, including NAACP and the Jewish community. The King family is very interested in connecting with UCA to continue bilateral communications. The Chinese community was often absent in the past social and political movements in the United States. Today, more than 100 people from over ten states participated in this March with high visibility. It is a significant milestone worthy of everyone's pride! UCA calls for the launch of a new civil rights movement of our generation! Thanks again for the participation and concern of friends from far and near!" Steven Pei 白先慎 , Founding Chair of UCA, said, "Chinese Americans have a long history of civil rights movement, such as the Yik Wo v. Hopkins case in 1886." From participating in the previous March on Washington and building intercultural partnerships, advocating for the creation of racial studies, to participating in the Black Lives Matter protests, the Asian American community does not stop for civil rights for all. Early in the 2020 pandemic, UCA hosted a summit of Asian, Black and Jewish community leaders to discuss the challenges each community faces and ways to work together to address injustice. Chen Jian 陈健 , Founding Director of UCA came to the Lincoln Memorial early in the morning to provide logistical support. She said that "we Chinese Americans are facing various challenges at present. But we firmly believe that, as Martin Luther King Jr. conveyed, the dream of equality and justice must be inherited by each of us. This mission transcends skin color, transcends background, and is integrated into the veins of our great country. Let us work together to overcome difficulties and write a better and more inclusive future."Read the UCA report: https://bit.ly/47WGV9d . Read APA Justice's coverage of the 2023 March on Washington: https://bit.ly/3OVojxs Vigil Honors "A Life Well Lived" at The University of North Carolina According to the University of North Carolina (UNC) on August 31, 2023, thousands wore ribbons and lit candles at the Dean E. Smith Center service in memory of Zijie Yan 严资杰 , a brilliant, soft-spoken faculty member and nanoscience researcher killed in a campus shooting.The vigil at the Smith Center allowed the Carolina community to come together to process the fear and uncertainty caused by the shooting and resolve to be “Carolina Strong” in the wake of the tragedy.“His loss will be deeply felt by all those who knew him and loved him,” Chancellor Kevin M. Guskiewicz said to the mourners, who included Yan’s mother and two young children. “Dr. Yan left this world a better place for his brilliance, his commitment and the lives that he affected. That’s a life well lived and a life ended far, far too soon.”An estimated 5,000 faculty, staff, students and community members attended the vigil, and another 10,000 watched the livestream from the Smith Center. Many wore blue ribbons and held candles that were handed out at the Smith Center entrance. Music professors played somber selections on cello and violin as mourners filled the seats. Leah Cox , vice provost of equity and inclusion and chief diversity officer, reminded audience members of the mental health resources available for faculty, staff and students. “Let us never forget that we are truly one Carolina where hope always triumphs over fear, where inclusivity arises above difference,” she said.According to the South China Morning Post on August 30, 2023, a doctoral candidate Tailei Qi 齐太磊 , 34, was charged with first-degree murder and possession of a firearm on educational property. He was ordered held without bail until his next scheduled court appearance on September 18.Read the UNC report: https://unc.live/45BgVP4 . Read the South China Morning Post report: https://bit.ly/3PnoLGa United Chinese Americans (UCA) issued the following report in Chinese: 8月30日星期三晚，大约五千名北卡罗来纳大学（UNC）教堂山分校校园和社区成员，聚集在史密斯中心（Dean E. Smith Center）举行烛光守夜活动，纪念两天前在校园不幸遇害的严资杰教授。校长古斯基维奇（Kevin M. Guskiewicz）在讲话中表示，“所有认识他和爱他的人，都会对他的去世深感悲痛，严以他的才华、他的承诺以及他所带来的影响，让这个世界变得更美好，这样一个美丽的生命如此戛然而止，令人痛心。”音乐系教授演奏了大提琴和小提琴的忧郁音乐，陪伴在场的人们凭吊和追思。据报道，身为纳米科学研究人员，严是一位才华横溢、为人谦和的教授，有两个年幼的孩子。2005年在华中科大以计算机和材料工程本科双学位毕业后，严先后在纽约和芝加哥攻读硕士、博士和做博士后研究，2019年起在UNC担任副教授。他生前所在的艺术与科学学院、应用物理科学系系主任丁格曼斯（Theo Dingemans）回忆说，严是他见过的最友善的人之一，也是一位杰出的科学家，“他的研究计划突破了纳米科学的界限……我确信，这些研究最终将改变世界。”枪击案凶嫌齐太磊是严教授手下的博士在读学生，被控一级谋杀罪和在教育场所持有武器，不得保释，这两项罪名都是重罪，但目前对于动机尚没有确切的信息。根据2010年中国媒体的报道，他是河南省高考状元之一，家境拮据，父母务农，他在武汉大学读物理学，在进入UNC之前与路易斯安那州立大学获得材料科学与工程硕士学位。凶杀案引起华人社区的热议，有一些猜测是在背后存在长期的心理问题，呼吁学生注重精神健康并善用相关资源。 News and Activities for The Communities Mark Your Calendar - National API Elected Officials Summit API Coalition and Civic Leadership USA (CLUSA) will convene the Inaugural National API Elected Officials Summit on November 18-19, 2023, immediately following The Asia-Pacific Economic Cooperation (APEC) Leaders Meeting. This summit aims to facilitate the exchange of experiences, ideas, and the establishment of enduring relationships geared towards mutual support. The event will be held at The Westin St. Francis Hotel, 335 Powell St, San Francisco, CA 94102. Hundreds of current Asian Pacific Islander (API) elected officials, representatives from APEC member countries and regions, and the world's top business AANHPI elected officials will participate in the event. Contact Andy Li, President of API Coalition and CLUSA, at andy.j.li@gmail.com or (860)-263-9540 for additional details. APA Justice has also posted the event at its newly created Community Calendar: https://bit.ly/45KGyga Back View PDF September 4, 2023 Previous Newsletter Next Newsletter

Newsletter - #138 Oppose US Attorney Nomination; Racist Image; The China Trap; 8/1 Meeting Summary; More #138 Oppose US Attorney Nomination; Racist Image; The China Trap; 8/1 Meeting Summary; More Back View PDF August 22, 2022 Previous Newsletter Next Newsletter

Newsletter - #132 Repair Damage Done by DOJ; 2022/07/11 APA Justice Monthly Meeting; UCA Conventions #132 Repair Damage Done by DOJ; 2022/07/11 APA Justice Monthly Meeting; UCA Conventions Back View PDF July 5, 2022 Previous Newsletter Next Newsletter

Newsletter - #170 3/6 Meeting; Updates on Texas; FISA Surveillance/Border Harassment; House Committee; + #170 3/6 Meeting; Updates on Texas; FISA Surveillance/Border Harassment; House Committee; + In This Issue #170 2023/03/06 APA Justice Monthly Meeting Updates on Texas Senate Bill 147 and Opposition to Revival of Alien Land Laws Warrantless Surveillance and Border Harassment The House Select Committee on the Strategic Competition Between the United States and the Chinese Communist Party Asian American Community News and Activities 2023/03/06 APA Justice Monthly Meeting The next APA Justice monthly meeting will be held on Monday, March 6, 2023. Confirmed speakers include: Nisha Ramachandran , Executive Director, Congressional Asian Pacific American Caucus (CAPAC), to provide updates on the latest developments and activities of CAPAC John Yang 杨重远 , President and Executive Director, Advancing Justice | AAJC to provide updates on the Anti-Profiling, Civil Rights & National Security Program and related Activities Gisela Kusakawa , Executive Director, Asian American Scholar Forum, to provide updates on AASF activities Peter Toren , Attorney and Member of Sherry Chen Legal Team, to be recognized and share his reflections on the Sherry Chen case (new addition) Helen Shih 施慧伦 , Vision-Mission coach, community activist with RiseAAPI-Texas, Emerging Voters, and United Chinese Americans, to provide updates on Texas Senate bills and opposition to discriminatory land laws Grace Meng 孟昭文 , Member, U.S. Congress and Congressional Asian Pacific American Caucus, to remark on the latest developments and legislation for the Asian American community Baimadajie Angwang 昂旺 , New York Police Department (NYPD), and John Carman , Attorney, to share Angwang's story of injustice as another victim of racial profiling under the "China Initiative" (new addition) William Colton , Member (District 47), New York State Assembly, to give opening remarks before the Q&A session The virtual monthly meeting is by invitation only. 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 . Read past monthly meeting summaries here: https://bit.ly/3kxkqxP .Latest Chinese-language media reports on NYPD Officer Angwang 2023/03/02 侨报网: 联邦撤销指控 华警昂旺首谈两年多艰难遭遇 世界新聞網: 藏警昂旺：有信心重歸警局 擬提告政府 美国中文网 : 拘半年终撤诉 纽约藏裔警察讲述幕后故事 星𡷊日報: 藏族警察昂旺擬提告政府 律師指司法系统存在問题 Updates on Texas Senate Bill 147 and Opposition to Revival of Alien Land Laws 1. Video Posted for Webinar on A Call to Stop SB 147 and All Alien Land Laws The February 17, 2023, webinar featured Rep. Judy Chu with opening remarks and Rep. Gene Wu , David Donatti , Jamal Abdi , and Clay Zhu . Video of the webinar including a clip of the march and rally in Houston on February 11 has been posted. The event was sponsored by the 1882 Foundation, APA Justice, and United Chinese Americans.Watch the clip and webinar: https://bit.ly/3mtMU1L 2. Historic Turnout to Testify in Texas Senate Committee on State Affairs Hearing on SB 147 and SB 711 On March 2, 2023, Texas Independence Day, the Texas Senate Committee on State Affairs held a public hearing on Senate Bill 147 and Senate Bill 711. According to onsite eyewitness report by H.C. Chang , an estimated 140 witnesses testified in the 6-hour event. About 130 were against SB147 and 711. It was historic in terms of Asian turnout, including the Chinese, Japanese, Korean, Indian, Iranian, Muslim, and many other communities. The witnesses came from many walks of life, to include students, lawyers, realtors, business leaders, moms, and even one 10-year-old kid. Most of them testified for the first time in front of legislators. Texas icon Martha Wong 黄朱慧爱 , a Republican who was the first Asian American woman to be elected to the Texas House of Representatives in 2002, testified against SB 147 and 711. Her testimony resonates and is a must-watch classic for the ages https://bit.ly/41QEyBU (12:33 with Chinese and English subtitles) Watch the video of the entire hearing https://bit.ly/41Ma6IN (6:17:08). 3. JACL Denounces Rising Anti-Chinese Rhetoric and Actions On March 2, 2023, Rafu Shimpo reported on a statement released by the Japanese American Citizens League (JACL) that denounces rising anti-Chinese rhetoric and actions. According to the statement, recent events have led to a further resurgence of anti-Chinese rhetoric to a point that is becoming all too familiar to the Japanese American community specifically, as echoes of World War II incarceration begin to resurface.¶ The JACL condemns these accusations against both Dominic Ng and Rep. Judy Chu and joins CAPAC, elected officials, and other community members in calling for an immediate apology from Rep. Lance Gooden and others who have questioned the loyalty of Chinese Americans.¶ In addition to charges of disloyalty, we are seeing proposals for legislation targeting Chinese immigrants similar to laws passed 100 years ago that targeted Japanese immigrants. Texas legislators have proposed a law that would bar any “foreign national” from China, Russia, North Korea, or Iran from owning any land throughout the state.¶ The so-called Alien Land Laws of the early 20th century barred first-generation Japanese Americans, Issei, from owning land, first in California and then in 12 other states.¶ This proposed Texas law and similar ones being discussed in Virginia, Wyoming, Montana, and North Dakota are unequivocally xenophobic and racist.¶ These laws were deemed unconstitutional under the 14th Amendment in 1952, and yet 70 years later we see the same laws and rhetoric being brought up again.¶ The JACL calls for an end to the baseless demagoguery of anyone with Chinese heritage. The presumption of disloyalty because of one’s country of origin or ancestry is unfortunately a well-worn tradition, but one that we must not revive. Read the JACL statement http://bit.ly/3kL2vJW 4. San Francisco Chronicle Letter to the Editor On March 2, 2023, the San Francisco Chronicle published a letter to the editor authored by John Trasvina , fair housing and employment official, Obama and Clinton Administrations. The letter titled Texas bill is illegal said, "Regarding 'While Florida targets Black history, Texas Republicans plan to make life miserable for Asian Americans" (Open Forum, SFChronicle.com , Feb 17): Texas' SB147 violates the laws mentioned by Judge Lillian Sing and Julie Tang as well as the federal Fair Housing Act and principles of immigration and tax law.¶ It treats U.S. permanent residents as agents of the foreign countries they may have fled from buying homes.¶ I enforced fair housing and immigration employment protections for two presidential administrations. We know that employers and home sellers, contrary to law, may mistakenly or intentionally deny job and housing opportunities to U.S. citizens and others who look like the "wrong" population.¶ Texas lives under and must follow the same laws as the rest of the country. 5. Texas Asian History - Who were the "Pershing Chinese?" According to Chinese American Heroes , hundreds of Chinese from Texas and Mexico supported the US Army in 1916 and were allowed to stay in America and eventually became citizens. They were dedicated and loyal Chinese immigrants who served our military without ever wearing the uniform.¶ The Chinese Exclusion Act of 1882 was emblematic of official American attitudes towards the Chinese, making Chinese Texans vulnerable to deportation at government whim as they were not legal American residents and by law were barred from becoming American citizens.¶ In March 9, 1916, Pancho Villa and his rebels crossed the border and killed eighteen American soldiers and civilians in Columbus, New Mexico. On March 15, 1916, Major General John J. Pershing , stationed at Fort Bliss, Texas, was ordered to pursue and capture Villa by President Woodrow Wilson .¶ This mission was known as the Mexican Punitive Expedition. Read the story of the Pershing Chinese some of whose descendants still live in Texas and the Southwest https://bit.ly/3ZkVdLX Warrantless Surveillance and Border Harassment 1. FISA Section 702 - Warrantless Surveillance. In 2008, Congress enacted Section 702 of the Foreign Intelligence Surveillance Act (FISA). Its six-year reauthorization will expire on December 31, 2023.¶ According to the Washington Post on February 28, 2023, Section 702 allows the FBI and the National Security Agency to gather emails, text messages and other electronic data from U.S. tech firms like Google, Microsoft, Apple and Meta without a traditional warrant based on probable cause when the target is a foreigner overseas.¶ However, because the foreign target may have been in communication with a U.S. citizen or resident and the email may be in the database, the lack of a warrant requirement has long concerned privacy advocates.¶ Sen. Ron Wyden (D-Ore.) years ago dubbed that the " backdoor search loophole .” As a result, many Chinese Americans are swept into this loophole.¶ Rep. Pramila Jayapal (D-Wash.), chairwoman of the Congressional Progressive Caucus, this month tweeted “any FISA reauthorization must include meaningful reforms to protect Fourth Amendment rights.”¶ The "only way to fully protect Americans’ Fourth Amendment rights and prevent abuses is to require the government to obtain a probable-cause court order before performing U.S. queries,” the Brennan Center for Justice’s Elizabeth Goitein argued in an article for the website Just Security .¶ The battle for reauthorization lies principally in the Republican-controlled House. Rep. Jim Jordan is chairman of the Judiciary Committee, which will have first crack at the Section 702 bill in the House.¶ Unlike previous rounds of Section 702 renewal, it is no longer clear that there is a majority in the House that is convinced of the value of the statute. Read the Washington Post report https://wapo.st/3ZIQp34 2. Border Harassment Reported. According to a report by the Chronicle of Higher Education on March 1, 2023, Advocates for Asian American academics are raising alarms about Chinese American researchers, and their families, being stopped and questioned when re-entering the United States.¶ The Asian American Scholar Forum said there have been “multiple incidents” in which scientists and professors have been “harassed or interrogated” at airports or other border crossings. The incidents, which have occurred over the last few months, have sparked fears that federal government scrutiny of researchers with ties to China is continuing, despite the end of the controversial China Initiative, the U.S. Department of Justice investigation of academic and economic espionage by China.¶ “Although the China Initiative has ended — and that was a very important and critical step — for many Chinese Americans, it is clear that they still live in a climate that’s less welcoming,” said Gisela Perez Kusakawa , the forum’s executive director.¶ The incidents, in which travelers were subjected to additional questioning, a process known as secondary screening, have occurred when scholars were returning to the United States after going abroad for professional reasons. The screenings have also happened following personal travel, and in some cases, academics’ family members have been pulled aside.¶ In one case, a graduate student was questioned by border officials about his lab’s research which is unrelated to national security. In another case, the young daughter of a Chinese American scholar traveling by herself was stopped for several hours and asked about her father’s work.¶ Border officers should receive anti-bias training, Kusakawa said. In the meantime, the group has organized a virtual session with immigration, national-security, and criminal-law experts to give Chinese American researchers information about what to do if they are stopped for secondary screening. Among the advice offered: Carry the name and contact information of a lawyer, travel with a laptop and phone that contain only necessary work materials, and log out of all social-media and email accounts when crossing the border.¶ Read the Chronicle of Higher Education report http://bit.ly/3ZokiWz The House Select Committee on the Strategic Competition Between the United States and the Chinese Communist Party According to Reuters , the Select Committee held its first hearing on February 28, 2028. The Committee is chaired by Rep. Mike Gallagher (R-WI) with Rep. Raja Krishanmoorti (D-IL) as the Ranking Member. The Select Committee has 13 Republican and 11 Democratic members. It will not write legislation, but will draw attention to competition between the United States and China on a range of fronts and make policy recommendations.The hearing had four witnesses: H.R. McMaster , a retired Army lieutenant general who was former Republican President Donald Trump's national security adviser Matt Pottinger , a long-time China hawk who was deputy national security adviser to Trump Yong Ti , a Chinese human rights advocate Scott Paul , president of the Alliance for American Manufacturing The committee's leaders saw the hearing, the first of what is expected to be many over the next two years as Republicans hold control of the House, as part of an effort to convince Americans why they should care about competing with China, and to "selectively decouple" the U.S. and Chinese economies. In his written testimony, Pottinger wrote that the committee must protect the rights of Chinese Americans by "standing up against bigotry and discrimination here at home." "Protect, also, Chinese nationals studying and working in the United States so they can enjoy the freedoms that so starkly distinguish the American way of life from the increasingly oppressive atmosphere in China today," Pottinger said. Although the committee is bipartisan, some Democratic lawmakers have voiced concerns that it could fuel anti-Asian sentiment within the United States. Krishnamoorthi referred to such concerns, and the need for bipartisanship, in his remarks.Read the Reuters report: https://reut.rs/3ITV6Qw According to a report by Asia Times on March 2, 2023, there were five key takeaways from the hearing: The days of engagement are over. Engagement had been the policy of successive governments from Nixon’s landmark visit to China in 1972 onward. But there was a general acceptance among committee members that the policy is outdated and that it is time to adopt if not outright containment then certainly a more competitive policy. This proposed hardening of the US policy is driven by internal developments in China as well as any perceived external threat. Reframing the debate. As Gallagher’s remarks suggest, US issues with China was framed as a battle between two very different visions of society. The committee is clearly modeled on the January 6 House panel – for example, by airing hearings in prime time and with dramatic testimony from witnesses. The idea seems to be that the issue is of such importance that to pursue it successfully the U.S. public needs to be educated, invested and mobilized. As the US heads into the 2024 presidential race, both parties will be looking to stress how tough they are on the US’s adversaries. Confronting China’s leaders, not its people. With anti-Asian sentiment having risen during the Covid-19 pandemic, US lawmakers are walking a fine line here – they will need to focus any criticism on Chinese leaders rather than its people. This balancing act may be more difficult in future hearings when issues of Chinese students at US universities, immigration and cooperation with China on certain scientific issues come up. That is when they will need to weigh concerns over Chinese espionage against not coming across as anti-Chinese visitors and immigrants. Reshaping policy on three fronts. Although this first hearing was very much a table-setter, there were three broad policy recommendations implicit in the testimony: (a) Taiwan, (b) Economic Competitiveness, and (c) Human Rights. A boilerplate response from Beijing. China’s response to the committee’s inaugural hearing was standard. In a statement, the foreign ministry in Beijing said it rejected Washington’s attempt to engage in what it called a “Cold War” mindset. Chinese media also tried to make it sound as if anti-China policy is driven by special interests, including defense contractors and members of the Taiwanese diaspora. The narrative that the US is warmongering was aided by the interjection of two protesters from the Code Pink activist group, who held up a sign during the hearing stating that “China is not our enemy.” Read more about the Asia Times report: http://bit.ly/3YoZwol Asian American Community News and Activities 1. Building A Sustainable Platform and Pipeline for AAPI Leadership in Higher Education. On March 9, 2023, a webinar will be convened as part of the 2023 Conference on Diversity, Equity and Student Success: Can We Handle Truth? Participants will learn about the importance of creating a platform for collaboration and synergy among AAPI leaders who have reached the position of president/chancellor in higher education, and a sustainable pipeline to support ascending AAPI leaders. Panelists are: Ellen Junn , President, California State University, Stanislaus; Les Wong , President Emeritus, San Francisco State University; and Frank Wu , President, CUNY Queens College. Joyce Moy , Former Executive Director, Asian American/Asian Research Institute, CUNY, will moderate. Register for this workshop webinar: http://bit.ly/3xPv6Rj 2. 1990 Institute Video - Waves of Migration Journey through the treacherous and brave path of the Asian Americans who came to the U.S. before us. At times, arriving freely and by choice. At times, arriving forcibly, coerced, or out of necessity. And for decades, excluded and barred from entry. Sometimes with a choice to stay, sometimes with no choice but to stay. Through the lens of the earliest surviving films and the eyes and pens of historical illustrators and photographers, see how, together as a community, they endured politics, imperialism, capitalistic development, and xenophobia. How their tenacity helped shape immigrant rights – not just for Asian Americans – but for many who are citizens of America today. The video is narrated by fifth generation Chinese American Krista Marie Yu and produced by the 1990 Institute. Watch the video: http://bit.ly/3JdAAff (15:55) 3. Workshop on Asian American Trailblazers in Civil Rights. On Wednesday, March 22, 2023, the 1990 Institute and the Alice Fong Yu Alternative School invite middle and high school teachers to learn more about the Asian Americans who fought for civil rights that benefited all who call America home. By 2025, a majority of states will have requirements in place for Asian American and Pacific Islander studies be taught in school. This multifaceted event will highlight Asian American pioneers and the pivotal court cases that have changed the landscape of U.S. civil rights, including the U.S. Supreme Court decision in United States v. Wong Kim Ark (1898) that established the constitutional guarantee of birthright citizenship. The 125th anniversary of this landmark case is on March 28, 2023. Register for the event: http://bit.ly/3ZpBLgN 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 March 5, 2023 Previous Newsletter Next Newsletter

Newsletter - #327 C100 Conference; California Events; Xiaofeng Wang; AAJC; Harvard Says No; Litigations+ #327 C100 Conference; California Events; Xiaofeng Wang; AAJC; Harvard Says No; Litigations+ In This Issue #327 · 2025/04/25-26 Committee of 100 Annual Conference and Gala · Fireside Chat and Advocacy Day in California · Update from Advancing Justice | AAJC · More on the Case of Professor Xiaofeng Wang · Harvard Rejects Trump Administration Demands · Latest on Litigations Against Trump's Executive Actions · News and Activities for the Communities 2025/04/25-26 Committee of 100 Annual Conference and Gala The Committee of 100 (C100) is a national nonprofit composed of prominent Chinese Americans committed to ensuring equal citizenship, broad inclusion in American society, and constructive U.S.-China relations. Through education, policy research, legal advocacy, and leadership development, C100 works to elevate the voices and experiences of Chinese Americans and the wider AAPI community. Cindy Tsai 蔡欣玲 , Interim President of C100, provided an update on C100 and its upcoming activities during the APA Justice monthly meeting on April 7, 2025.C100 is currently focused on education and civil rights, particularly through its national initiative to track and advance the teaching of AANHPI history in K–12 schools and its Legal Defense and Education Fund, which supports those facing discrimination based on heritage. C100 is also actively monitoring state-level legislation, including discriminatory property restrictions based on national origin. In partnership with APA Justice, it has hosted a three-part series on alien land laws, with the final session set for the C100 Annual Conference and Gala in Los Angeles on April 25–26, 2025. The two-day conference will feature over 20 panels exploring AAPI identity, civil rights, U.S.-China relations, and cultural representation. A major theme is the power of storytelling, arts, and media to shape public perception and foster cross-cultural understanding. Notable sessions include a Hollywood panel moderated by filmmaker Adele Lim , featuring actors Sherry Cola , Harry Shum Jr ., and others, and a conversation on K-pop’s global impact with SM Entertainment founder Soo-man LEE . Academy President Janet Yang 杨燕子 will host a segment with Samantha Quan , producer of Anora (this year’s Oscar-winning Best Picture), Shannon Lee 李香凝 , daughter of martial arts legend Bruce Lee 李小龙, and Izaac Wang , lead actor in Didi (弟弟). A panel featuring UC Irvine Law Professor Robert Chang , Texas House Democratic Caucus Chair Gene Wu 吳元之 , and legendary Texas House Representative Martha Wong 黃美華 will address the resurgence of alien land laws and grassroots responses across the country and what we can do in our respective home states. Other panels will explore the national security–civil rights intersection, including travel risks for scholars with Chinese passports or green cards, and the broader implications of recent investigations like that of Indiana University Professor Xiaofeng Wang 王晓峰 . A separate discussion between Queens College President Frank Wu 吳華揚 and UCLA Vice Chancellor Roger Wakimoto will underscore the importance of AAPI representation in academic leadership—an idea shaped with input from Dr. Les Wong , former president of San Francisco State University and Northern Michigan University. The conference will also spotlight multiracial and multiethnic AAPI identity, with a dedicated panel and workshop on exploring personal heritage and belonging. For more information, contact Cindy Tsai at president@committee100.org and register for the conference here: https://bit.ly/4icDSOQ A summary of the April 2025 APA Justice monthly meeting is being prepared at this time. Fireside Chat and Advocacy Day in California 1. San Francisco: "Beyond the China Initiative: Civil Rights, National Security, and the Future of AAPI Communities" On April 30, 2025, starting at 6:00 pm PT, the Committee of 100, Council of Korean Americans, Japanese American Citizens League, Stand wih Asian Americans, and The Asian American Foundation (TAAF) will host a fireside conversation on " Beyond the China Initiative: Civil Rights, National Security, and the Future of AAPI Communities. " The event will be held at the TAAF office at 150 Post Street - Mela Lounge, San Francisco, CA 94108. The featured speaker is Professor Franklin Tao 陶丰 , one of the first scientists charged - and fully exonerated after a prolonged legal battle - under the DOJ's now-defunct China Initiative. Professor Tao will be joined by his wife, Hong Peng , and his attorney, Peter Zeidenberg , offering a rare and personal perspective on the human cost of misdirected national security policies.Moderated by Charles Jung , President of the San Francisco Bar Association, the program will also examine the broader consequences of the Initiative with policy expert and civil rights advocate, Gisela Perez Kusakawa — from its impact on civil rights to lessons learned and ongoing concerns facing immigrant and Asian American communities in the United States. Register for the event: https://bit.ly/3EsqdEH . Read Professor Tao's story: https://bit.ly/4i0WZLw 2. Sacramento: California AANHPI Coalition Advocacy Day WHAT: California AANHPI Coalition Advocacy Day WHEN: April 28, 2025, 10:00 am PT/1:00 pm ET WHERE: Stanley Mosk Library Steps – 914 Capitol Mall, Sacramento, CA 95814 HOST: APAPA and coalition of 75+ AAPI organizations DESCRIPTION: The event features AANHPI legislators, coalition leaders, and bill authors for a Rally & Press Conference. It represents the largest statewide AANHPI advocacy mobilization since the Stop Asian Hate movement. It will kick off AAPI Heritage Month not with celebration, but with an urgent call for collective action. Since returning to office, President Trump has moved to eliminate birthright citizenship, roll back work visas, expand deportations, dismantle language access, and target Diversity, Equity, and Inclusion programs. His administration is also slashing Medicaid and funding for culturally competent nonprofits and safety-net services for millions of AANHPI families. California’s AANHPI communities are taking action and calling for bold state leadership in the face of these attacks. CONTACT : media@apapa.org Update from Advancing Justice | AAJC During the APA Justice monthly meeting on April 7, 2025, Joanna YangQing Derman , Director, Anti-Profiling, Civil Rights & National Security Program, Advancing Justice | AAJC highlighted three key developments: 1. AAJC applauded the U.S. District Court for the District of Columbia’s decision temporarily blocking the Trump administration’s invocation of the Alien Enemies Act and is collaborating with partners on next steps. 2. In response to visa revocations, arrests, and disappearances of migrants and international students across the U.S., AAJC is preparing a joint statement with its network to support those targeted for political reasons, to be shared once finalized after the meeting. 3. Joanna detailed ongoing opposition to alien land laws, particularly Texas HB 17, commending local partners who mobilized testimony and rallies. Over 100 people provided testimony. AAJC provided legal analysis and messaging support throughout the process and will continue to provide rapid response support. In Michigan, AAJC prepared advocacy materials as lawmakers considered similar legislation. At the federal level, AAJC is monitoring the possibility of a new legislative push dubbed “China Week 2.0” and are preparing a sign-on letter in response. More on the Case of Professor Xiaofeng Wang During the State of Play Town Hall hosted by the Asian American Scholar Forum on April 14, 2025, Nianli Ma , wife of Professor Xiaofeng Wang 王晓峰 , expressed deep distress over how their family, including her husband, a tenured professor, was treated by Indiana University (IU) on March 28, 2025. Despite dedicating over two decades to the institution, they were not given an explanation or due process. The family feels betrayed and devastated, especially after contributing to the country for so long. Nianli describes the emotional toll this has taken, including weight loss, sleeplessness, and constant worry. Despite the hardship, they are grateful for the support from the community and various organizations. They are determined to fight not only for themselves but also for the broader research community and seek public support to cover legal fees and continue their battle for justice.A GoFundMe has been set up by their son, Luke Wang , at https://bit.ly/3E70Vfm . AASF is leading a coalition of concerned organizations and individuals in an open letter to IU Provost Rahul Shrivastav requesting reinstatement of Professor Wang. According to the South China Morning Post , Carl Weinberg , a professor at IU’s College of Arts and Sciences, tenured faculty members in the US were entitled to due process when facing termination. When Weinberg and other faculty members pressed the university for answers, they were told to direct their questions to the FBI. “This is outrageous,” he said. “I was glad to hear Xiaofeng’s wife Nianli Ma, who was also fired with no reason given, to say that they are fighting this injustice.”On April 12, 2025, the Federation of Asian Professor Associations (FAPA) issued a public statement regarding the case of Professor Wang, condemning his termination by IU and raising serious concerns about the erosion of due process, threats to academic freedom, and the ongoing pattern of racial profiling targeting Chinese American scientists. FAPA also sent an open letter to IU President Pamela Whitten . On March 31, 2025, the Executive Committee of the Bloomington chapter of the American Association of University Professors (IUB-AAUP) sent an open letter to IU Provost Rahul Shrivastav, expressing serious concern over the abrupt termination of tenured Professor Wang, asserting that IU failed to follow required due process under Policy ACA-52. Emphasizing the importance of due process in safeguarding academic freedom and shared governance, the committee urges the university to revoke the termination and follow established procedures. Read the story of Professor Wang: https://bit.ly/42tbPVR Harvard Rejects Trump Administration Demands According to AP News , CNN , Harvard Gazette , New York Times , Reuters , and multiple media reports, on April 14, 2025, Harvard University strongly rejected demands from the Trump administration that threaten $9 billion in research funding, calling them unlawful and a violation of academic freedom and constitutional rights. The decision is believed to be the most overt defiance by a university since President Trump began pressuring higher education to conform to his political priorities.Within hours of Harvard taking its stand, the Trump administration announced it was freezing $2.3 billion in federal funding to the school and threatened Harvard’s tax-exempt status.“The University will not surrender its independence or relinquish its constitutional rights,” Harvard President Alan Garber wrote in a message to the community. He added: “ No government — regardless of which party is in power — should dictate what private universities can teach, whom they can admit and hire, and which areas of study and inquiry they can pursue. ” “This is what Joe McCarthy was trying to do magnified ten- or 100-fold,” said Lawrence H. Summers , a former Harvard president, adding that “it runs directly against the university’s role in a free society.” On April 11, 2025, the Harvard faculty chapter of the American Association of University Professors, along with the national organization, filed a lawsuit against the Trump administration over its demanded policy changes while reviewing nearly $9 billion in federal funding. The lawsuit, American Association of University Professors - Harvard Faculty Chapter v. United States Department Of Justice (1:25-cv-10910) , was filed in conjunction with a request from the professors for an immediate temporary restraining order to block the Trump administration from cutting off Harvard University’s federal funding. Latest on Litigations Against Trump's Executive Actions As of April 15, 2025, the number of lawsuits against President Donald Trump 's executive actions reported by the Just Security Litigation Tracker has grown to 195 (4 closed cases). Among the latest developments, law firms fight back against Trump executive orders.The Trump administration has targeted law firms and lawyers perceived as adversaries with executive orders (EO) and actions that have included canceling government contracts, revoking security clearances, and initiating investigations into firms' diversity, equity, and inclusion practices. Some of these firms have responded by filing lawsuits. On April 11, 2025, Munger, Tolles & Olson LLP and Eimer Stahl LLP, on behalf of more than 800 law firms from across the country, filed amicus briefs in support of Jenner & Block LLP and Wilmer Cutler Pickering Hale and Dorr LLP in addition to their previous brief in support of Perkins Coie LLP. · Susman Godgrey LLP v. Executive Office of The President (1:25-cv-01107) @District of Columbia. The law firm Susman Godgrey sued the President over President Trump's EO on April 9. On April 15, U.S. District Judge Loren AliKhan issued a temporary restraining order, blocking key provisions of the executive order. · Wilmer Cutler Pickering Hale AND Dorr LLP v. Executive Office of The President (1:25-cv-00917) @District of Columbia. The law firm WilmerHale sued the Executive Office of the President and several government agencies over President Trump’s March 27 EO. On March 27, U.S. District Judge Richard Leon granted the law firm’s request to temporarily block several sections of the EO. · Jenner & Block LLP v. U.S. Department of Justice (1:25-cv-00916) @District of Columbia. The law firm Jenner & Block sued the Department of Justice and other government agencies over President Trump’s March 25 EO. On March 25, U.S. District Judge John Bates granted the law firm’s request to temporarily block several sections of the EO. · Perkins Coie LLP v. U.S. Department of Justice (1:25-cv-00716) @District of Columbia. The law firm Perkins Coie sued the Department of Justice and other government agencies over President Trump’s March 6, 2025 EO. On March 12, U.S. District Judge Beryl Howell granted Perkins Coie’s request to temporarily block several sections of the EO. News and Activities for the Communities 1. APA Justice Community Calendar 2025/04/22 Scholars Not Spies: Fighting for International Academic Workers’ Rights in an Era of Rising US-China Conflict2025/04/24-26 Committee of 100 Annual Conference and Gala2025/04/24 CHINA Town Hall: The First 100 Days: President Trump's China Policy2025/04/24 Federal Employees: Know your Legal Rights2025/04/27 Rep. Gene Wu's Town Hall Meeting2025/04/28 California AANHPI Advocacy Day2025/04/30 Beyond the China Initiative: Civil Rights, National Security, and the Future of AAPI Communities2025/05/05 APA Justice Monthly Meeting2025/05/06 Asian American Careers - How to Build Your Personal Network, including Through Strategic Allies2025/05/11 Rep. Gene Wu's Town Hall MeetingVisit https://bit.ly/3XD61qV for event details. 2. 2024/04/24 Federal Employees: Know Your Legal Rights WHAT: Federal Employees: Know your Legal Rights WHEN: April 24, 2025, 4:30 - 5:30 pm pm ET WHERE: Webinar HOSTS: JCRC of Greater Washington and the Jewish Federation of Greater Washington Moderator : Ron Halber , Chief Executive Officer, JCRC Speakers : · Robert Shriver , Managing Director, Civil Service Strong and Good Government Initiatives at Democracy Forward; Former Acting Director, U.S. Office of Personnel Management · Michelle Bercovici , Partner, Alden Law Group DESCRIPTION: Federal layoffs and agency funding changes are impacting many across the Greater Washington area — some directly through job loss, others through ripple effects on schools, camps, and Jewish communal life. Join the webinar about the legal rights of terminated federal employees. It is part of part of JCRC community's efforts to support those directly or indirectly impacted by government employee layoffs, agency reorganizations and/or budget cuts. REGISTRATION: https://bit.ly/4jtSSYQ 3. 1990 Institute is Hiring and Starts 2025 College Essay Contest The 1990 Institute, is seeking a dynamic, motivated individual to become our new Director of Fundraising and Donor Relations to lead fundraising efforts and identify and cultivate donor relationships. Read the job description on the 1990 Institute website, and send a resume and cover letter to hiring@1990institute.org . The 1990 Institute also announced the opening of the 2025 Essay Contest, which is organized by China Focus, an online publication at UC San Diego and jointly hosted by the 1990 Institute, the Fudan-UC Center on Contemporary China, The Carter Center, and the 21st Century China Center at UC San Diego's School of Global Policy and Strategy. You may submit your essay in either Chinese or English. The contest offers two topics and awards two prizes of $1,000 and four runner-up prizes of $ 500 each. Read more and apply here: https://bit.ly/4idtQMz . Deadline is May 1, 2025, 11:59 PM PT. # # # APA Justice Task Force is a non-partisan platform to build a sustainable ecosystem that addresses racial profiling concerns and to facilitate, inform, and advocate on selected issues related to justice and fairness for the Asian Pacific American community. For more information, please refer to the new APA Justice website under development at www.apajusticetaskforce.org . We value your feedback. Please send your comments to contact@apajustice.org . Back View PDF April 17, 2025 Previous Newsletter Next Newsletter

Newsletter - #286 Research Security; Stanford Faculty Letter; McCarthyism Today; HUAC & CCP Committee; + #286 Research Security; Stanford Faculty Letter; McCarthyism Today; HUAC & CCP Committee; + In This Issue #286 · Ground Research Security in Science, Not Speculation · Stanford Faculty Letter to Congress Opposing Revival of China Initiative · McCarthyism: Tracing Roy Cohn to Today's Political Climate · House Un-American Activities Committee and Select Committee on CCP · News and Activities for the Communities Ground Research Security in Science, Not Speculation On September 27, 2024, the Baker Institute at Rice University published a policy brief titled "Ground Research Security in Science, Not Speculation."According to the policy brief, international collaboration is essential for advancing science, innovation, and tackling global challenges like climate change and public health. However, geopolitical tensions, particularly between the U.S. and China, have prompted new U.S. research security policies aimed at protecting intellectual property and federally-funded research from undue foreign influence. These policies, such as the 2021 National Security Presidential Memorandum 33 (NSPM-33) and the CHIPS and Science Act of 2022, focus on preventing espionage and intellectual theft but have also raised concerns about over-securitization, stifling openness in scientific exchange, and discouraging global talent.It is argued that while research security is necessary, the current lack of data and empirical evidence behind these policies risks undermining American scientific leadership and economic competitiveness. The chilling effect on U.S.-China collaborations and the fears expressed by U.S. scientists of Chinese descent highlight the potential for a brain drain and harm to the U.S.’s reputation as a global leader in science.To maintain scientific leadership, experts recommend that U.S. research security policy be grounded in evidence, uphold democratic values such as academic freedom, and avoid discriminatory practices. Standardizing research security across federal agencies, fostering international cooperation, and promoting research on security risks are essential steps for ensuring the protection of U.S. research while maintaining its openness and global competitiveness. In particular, Federal lawmakers should continue building on recent actions by Congress, the White House, and federal agencies to: · Stop all attempts to reinstate the China Initiative . Research security policy should adhere to the statutory language in the CHIPS and Science Act specifying that implementation should “be carried out in a manner that does not target, stigmatize, or discriminate against individuals on the basis of race, ethnicity, or national origin.” · Standardize research security policy and implementation across federal agencies . OSTP, federal funding agencies, and intelligence and national security agencies all need to establish common, transparent, and publicly-accountable research security practices. These practices should incorporate a due process mechanism and ensure objective evaluation, an appeal process, and consistent application of any corrective measures. · Promote “research on research security” to provide an empirical basis for new and existing policy . Data and analysis addressing the nature, scope, and scale of research security threats should inform future decision-making. Research security activities should also be identified, traced, and evaluated for effectiveness. · Improve research training for administrators, academic scientists, and industry leaders . Outreach and education about research security, especially in the academic sector, will improve compliance with policy and responsible international collaborations. · Develop an international community of practice for research security . Broad international collaboration on research security activities will help establish best practices, effective policy, and the wide adoption of common values of openness, transparency, impartiality, respect, and fairness. Read the Baker Institute's brief: https://bit.ly/3TXf5Ed Stanford Faculty Letter to Congress Opposing Revival of China Initiative On October 8, 2024, a group of over 165 Stanford faculty members sent an open letter to U.S. Congressional leaders to strongly oppose legislation that would reinstate the Department of Justice’s (DOJ) China Initiative. They specifically oppose H.R. 1398, which would revive the initiative in all but name, and request the removal of language from the House report accompanying H.R. 9026, the Commerce, Justice, Science, and Related Agencies Appropriations Act, 2025” that directs the DOJ to reinstate the initiative.On September 8, 2021, a group of 177 Stanford University faculty members sent an open letter to U.S. Attorney General Merrick B. Garland , requesting that he terminate the Department of Justice's "China Initiative." More than 3,100 faculty members of over 240 institutions from all 50 states plus the District of Columbia and Puerto Rico endorsed the Stanford letter or sent their own letters. In February 2022 when the DOJ terminated the China Initiative, there was acknowledgement “that this [China] initiative is not the right approach to meet the threat in the coming years." Assistant Attorney General for National Security Matthew Olson said, “Instead, the current threats demand a broader approach.” The China Initiative was not the right approach then and it is not the right approach now.The letter emphasizes that while espionage and intellectual property theft are serious concerns, the China Initiative has been harmful to U.S. science and technology, especially affecting Asian American scholars and international students. The faculty members argue that the initiative disproportionately targets academia and discourages the flow of valuable international talent, particularly from China. They cite a National Academy of Sciences report, International Talent Programs in the Changing Global Environment , showing that the U.S. has been losing scientific talent since 2018, a trend accelerated by the China Initiative.The letter calls for a new approach that fosters international collaboration and talent, rather than pushing talented individuals towards rival nations. It concludes by urging Congress to welcome brilliant minds from around the world and maintain the U.S. as a beacon for freedom and opportunity, rather than being driven by fear. "We should strive – consistent with our history and our beliefs – to be the 'shining city upon a hill' that welcomes the brightest, most ambitious and dedicated students, scientists, and engineers from around the world. We should not be driven by fear and inadvertently push these talented people towards our rivals. If there is to be a 'China Initiative', let it be one designed to make clear how much we appreciate the influx of STEM talent from China and our dedication to their success in the United States. And for all, we must insiston the responsible and ethical conduct of research," the letter concludes.On October 8, 2024, the Asian American Scholar Forum (AASF) issued a strong statement in support of the Stanford faculty letter. Faculty members or senior staff at a US university are invited to endorse the letter to the leadership of the U.S. House and Senate at https://bit.ly/4eXkWBw . An update will be sent to Congress.Read the Stanford faculty letter: https://bit.ly/4dCVC2P McCarthyism: Tracing Roy Cohn to Today's Political Climate According to Wikipedia, Roy Cohn served as Chief Counsel for Senator Joseph McCarthy from 1953 to 1954. Roy Cohn played a major role in McCarthy's anti-Communist hearings. After Joseph Welch , an attorney for the Army, confronted McCarthy during the Army–McCarthy hearings of 1954 with the line, " Have you no sense of decency, sir? ", public opinion began to turn against McCarthy, leading to McCarthy's censure by the U.S. Senate, and the eventual end of the era.After resigning from McCarthy's staff, Roy Cohn had a 30-year career as an attorney in New York City. His clients included Donald Trump from 1973 to 1985.According to an audio book titled " Ruthless: How Donald Trump and Roy Cohn's Dark Symbiosis Changed America " read by investigative journalist Marie Brenner , Roy Cohn and Donald Trump first met in 1973 when Donald Trump was still trying to make a name for himself as a real estate developer while fighting federal discrimination charges against his family's business. After their chance meeting at a Manhattan disco, Roy Cohn went to work defending Trump, starting a business and personal association that endured in various forms until Roy Cohn's death in 1986.“You knew when you were in Cohn’s presence you were in the presence of pure evil,” said lawyer Victor A. Kovner , who had known him for years. Roy Cohn’s power derived largely from his ability to scare potential adversaries with hollow threats and spurious lawsuits. And the fee he demanded for his services? Ironclad loyalty. According to Marie Brenner, more than legal representation, Roy Cohn offered Donald Trump a way of seeing the world - and the opportunities for seeking advantage within it - that still inform Donald Trump's approach to politics and governing today.2018/08/21 Marie Brenner: Ruthless: How Donald Trump and Roy Cohn's Dark Symbiosis Changed America (audio book)2017/06/28 Vanity Fair : How Donald Trump and Roy Cohn’s Ruthless Symbiosis Changed America The Apprentice Movie On October 11, 2024, The Apprentice movie will premiere in theaters.According to BBC , ABC News (Australian) , Entertainment Weekly , New Yorker , and multiple media reports, The Apprentice is a shrewd and darkly amusing tragicomedy that dramatizes Donald Trump 's rise to fame and fortune in the 1970s and 80s. While the movie begins with a disclaimer that many of its events are fictionalized, the former president has threatened to take legal action.In the movie, Donald Trump is first seen as a young man in the early 1970s. He works for the New York real estate company run by his cold and condescending father Fred Trump , knocking on doors and collecting rent from his impoverished tenants, but he dreams of opening a luxury high-rise hotel near Central Station. The only snag is that the company is being sued over its racial profiling of potential renters. "How can I be racist when I've got a black driver?" splutters Fred Trump.Enter Roy Cohn in the movie, a notoriously vicious and unscrupulous lawyer who catches Donald Trump's eye in a swanky members club. Donald Trump is spellbound by Roy Cohn's rudeness, his contempt for his opponents, and his three rules for success: always attack , never admit to any wrongdoing , and never admit defeat . The fact that he is so open about using blackmail only adds to his lustre in Donald Trump's eyes. Roy Cohn could be the encouraging father figure that Donald Trump has always lacked. Media reports: 2024/10/05 ABC News (Australia) : Donald Trump didn't want The Apprentice released before the US election. It's coming to cinemas this week 2024/09/24 PBS : ‘All About the Fight’: How Donald Trump Developed His Political Playbook 2024/05/22 Yahoo News : Who Was Roy Cohn and What Was His Relationship With Donald Trump? 2023/06/17 NPR : Trump has had a lot of lawyers but still longs for his wartime consigliere 2020/06/18 Men's Health : You Can Blame Roy Cohn for Donald Trump’s Political Rise 2020/03/05 AllThatsInteresting : Roy Cohn, The Man Who Taught Donald Trump Everything He Knows 2019/09/19 Politico : The Final Lesson Donald Trump Never Learned From Roy Cohn 2019/03/12 History : Roy Cohn: From ‘Red Scare’ Prosecutor to Donald Trump’s Mentor House Un-American Activities Committee and Select Committee on CCP According to ChatGPT, both the House Un-American Activities Committee (HUAC) and the Select Committee on the Chinese Communist Party (CCP) have operated in environments marked by national security fears, whether related to communism or China. Both are seen as necessary by some to protect U.S. interests, but they also raise concerns about overreach, civil liberties, and the potential targeting of specific groups. How the Select Committee on CCP operates in the long term will determine whether it follows in the controversial footsteps of HUAC or finds a more balanced approach to addressing national security.These are the key comparisons as identified by ChatGPT: 1. Mandate and Focus on Perceived Threats · HUAC (1938-1975): Established to investigate alleged disloyalty and subversion by citizens, public employees, and organizations suspected of communist ties. HUAC became a symbol of the broader anti-communist movement during the Cold War, heavily focusing on domestic threats and instilling fear of communist infiltration in American society. · Select Committee on CCP (formed 2023): Created to address national security risks posed by the Chinese Communist Party (CCP), with a focus on China’s influence on U.S. politics, technology, economy, and its potential espionage activities. Its attention is on China’s global ambitions and their potential impact on U.S. national security. 2. Political and Ideological Motivation · HUAC : Driven by Cold War fears, HUAC’s activities were motivated by concerns over communism infiltrating American society. It fueled political battles, often targeting individuals based on suspicion rather than solid evidence of subversive activities. · Select Committee on CCP : While framed around national security, this committee reflects broader U.S. geopolitical concerns about China’s rise as a global power. It fits into a larger narrative portraying China as a primary economic and political adversary, raising questions about how much of its focus is based on security versus political rivalry. 3. Targeting of Specific Groups · HUAC : Its investigations led to scrutiny of specific groups like Hollywood, academia, labor unions, and government employees. Many individuals were blacklisted, losing their reputations and careers, even without formal charges. HUAC’s activities were widely criticized for fueling xenophobia and violating civil liberties. · Select Committee on CCP : While not yet reaching the level of persecution seen under HUAC, there are concerns that its focus on China could contribute to racial profiling and discrimination against Chinese Americans and other Asian communities. Critics warn that heightened political rhetoric could stoke anti-Asian sentiment, mirroring the fear and suspicion created by HUAC’s investigations. 4. Impact on Civil Liberties and Democratic Principles · HUAC : The committee was widely condemned for disregarding due process, leading to accusations of civil rights violations. Many individuals were subpoenaed, questioned, and blacklisted without sufficient evidence, creating a culture of fear and repression. · Select Committee on CCP : In its early activities, there are already concerns that its focus on Chinese influence could infringe upon civil liberties, particularly for Chinese Americans. The potential for increased surveillance, academic restrictions, and suspicion of people based on ethnic or national background echoes the repression seen during HUAC’s operations in the McCarthy era. 5. Public Sentiment and Scapegoating · HUAC : At its peak, HUAC capitalized on the public’s fear of communism, often scapegoating individuals as part of a larger anti-communist fervor. Many reputations and livelihoods were destroyed due to unfounded accusations. · Select Committee on CCP : The committee's formation comes at a time of increasing anti-China sentiment in the U.S., driven by economic competition, national security concerns, and technological rivalry. Critics argue that this environment risks scapegoating individuals and businesses with ties to China, reminiscent of the McCarthy era's unfounded accusations. 6. Legacy and Long-Term Consequences · HUAC : The long-term legacy of HUAC is one of overreach, fearmongering, and suppression of dissent. Its actions had lasting consequences for civil liberties in the U.S., contributing to a culture that discouraged free speech and mistrusted dissenting opinions. · Select Committee on CCP : The committee’s long-term impact remains to be seen, but if its actions prioritize security at the expense of openness and collaboration, it could similarly harm U.S. democratic values. There is also concern that its focus on China could strain relations with Chinese Americans and weaken international cooperation, just as HUAC left a divisive legacy in American politics. News and Activities for the Communities 1. APA Justice Community Calendar Upcoming Events:2024/10/10 Cato Surveillance Week2024/10/10 China in the Heartland: Building a Balanced Approach2024/10/11 China and the World Forum2024/10/11 Reverse Brain Drain: A Threat to U.S.Technological Leadership2024/10/13 Rep. Gene Wu's Town Hall Meeting2024/10/16 Rebuilding Trust in Science2024/10/20 Rep. Gene Wu's Town Hall Meeting2024/10/25-27 Celebrating the 20th Anniversary of the American Studies Network2024/10/26 Common Ground and Banquet2024/10/27 Rep. Gene Wu's Town Hall Meeting2024/11/03 Rep. Gene Wu's Town Hall MeetingVisit https://bit.ly/3XD61qV for event details. 2. Dr. Mark Xu to Lead IRS Statistics of Income Division On October 7, 2024, U.S. Chief Statisitician Dr. Karin A. Orvis aanounced that Dr. Weihuan "Mark" Xu just joined the Internal Revenue Service, as the new Director of Statistics of Income (SOI). SOI operates with an annual budget of approximately $40 to $47 million. It is recognized as one of the 13 leading federal statistical organizations in the U.S., responsible for gathering, analyzing, and publishing data related to tax returns and financial activities. Dr. Mark Xu is a seasoned Senior Executive with experience leveraging data science, AI, and advanced analytics to drive strategic decision-making and policy formulation. His expertise in economics, statistics, and leadership has yielded transformative results in both federal statistical and program agencies. His experience includes managing large, diverse teams and fostering collaboration and innovation in complex environments. He is a champion of data-driven decision-making, spearheading initiatives using big data, machine learning, and AI to enhance program efficiency and inform policy.Prior to joining IRS, Mark served as Director of the Resource Inventory and Assessment Division at U.S. Department of Agriculture’s (USDA) Natural Resources Conservation Service (NRCS). Mark holds a Ph.D. and MA in Economics from the University of Washington, with advanced training in data science, machine learning, and AI. Mark has received multiple awards, including a USDA Secretary’s Honor Award in 2024. 3. USHCA Event Today and Professor Franklin Tao At the APA Justice monthly meeting on October 7, 2024, Min Fan , Executive Director of the U.S. Heartland China Association (USHCA), reported that Professor Franklin Tao will return to the University of Kansas (KU) and recognized at "The Heartland - Building a Balanced Approach" Forum in Lawrence, Kansas, on October 10, 2024, starting at 7:00 pm CT.This event, presented by the Robert J. Dole Institute of Politics at KU in partnership with USHCA and KU’s Department of Political Science, is supported by the National Committee on U.S.-China Relations and local Chinese American scholars.Join the event in person or online to engage in discussions on building a balanced approach to U.S.-China relations and to show solidarity and support for Professor Tao’s reinstatement at KU: https://bit.ly/3zkTyhT .To learn more about Professor Tao’s story, visit: https://bit.ly/3y8SBsm . A summary of the October 7 APA Justice meeting is being prepared at this time. 4. Drs. Chen, Hu, Tao, and Xi Honored by 2024 American Courage Award According to the Asian American Scholar Forum (AASF) on October 3, 2024, four distinguished Asian American scholars—Drs. Gang Chen , Anming Hu , Franklin Tao , and Xiaoxing Xi —received the prestigious 2024 American Courage Award from Asian Americans Advancing Justice | AAJC. The award celebrates their resilience, leadership, and steadfast commitment to Asian American freedom and civil rights in the face of adversity. Past recipients have included the Honorable Julie A. Su , the Honorable Mazie K. Hirono , Vanita Gupta , Japanese American MIS Veterans , and other courageous Americans and immigrants. The first recipient of the American Courage Award was Dr. Chang-Lin Tien in 1997. Dr. Tien was the first Asian American to head a major research university in the U.S., serving as Chancellor of the University of California, Berkeley. Dr. Tien was Dr. Chen's PhD advisor. Read the AASF announcement: https://bit.ly/4eSLwfa 5. APA Justice Newsletter Web Page Moved to New Website As part of its continuing migration to a new website under construction, we have moved the Newsletter webpage to https://www.apajusticetaskforce.org/newsletters . Content of the existing website will remain, but it will no longer be updated. We value your feedback about the new web page. Please send your comments to contact@apajustice.org . Back View PDF October 10, 2024 Previous Newsletter Next Newsletter

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

June 12, 2020 On June 12, 2020, Science Magazine reported that fifty-four scientists have lost their jobs as a result of NIH probe into foreign ties . Six questions are raised from the report about the National Institute of Health (NIH) investigations 1. Due process? What rights do the scientists have in terms of defense and representation? How are they informed and explained about these rights? How consistent is the decision process from case to case and from institution to institution? Are the standards public and publicized? How well are the scientists informed about these standards? 2. Shift and transparency in policy? As recently as July 1, 2014, current NIH Director Francis Collins spoke in Fudan University in Shanghai to promote international collaboration . This and similar reports have apparently been removed from the NIH website with one exception of this report about NIH leaders celebrate 30 years of research with China in 2009. Why were these reports removed? When did the shift in policy take place and why? How were the scientists notified of the change in policy? 3. How did NIH start these investigations? According to Page 19 of The Cancer Letter on April 26, 2019, Michael Lauer, NIH Deputy Director for Extramural Research, stated that there are three ways to identify potential problems: (a) FBI and other law enforcement agencies, (b) anonymous complaints, and (c) stewardship of NIH program staff. For the targeted 189 scientists at 87 institutions, what is the respective count by these three ways? How is their pattern and distribution similar or different from previous years? 4. Criminalizing science and scientists? If the NIH is under pressure from the FBI and law enforcement to conduct these investigations, does it undermine the standard NIH procedures to deal with scientific ethical and integrity issues that may not be intrinsically criminal? How many of the scientists under NIH investigations conduct open fundamental research and how many on sensitive research that threatens national or economic security? Does their punishment fit the alleged act? What was actually stolen? 5. How will the NIH investigations enhance U.S. leadership in science and technology? Dr. Xifeng Wu was among the first scientists forced to leave MD Anderson Cancer Center in Houston. She is now recognized for her significant contributions to manage the COVID-19 pandemic in China. She is a U.S. citizen. Her family still lives in Houston. How did her departure help U.S. leadership in science and technology? Same question for the 54 scientists. What threats have we mitigated by their departures? 6. Oversight and accountability? Is NIH open to third-party independent audit and review about the standards, process, and decision about these investigations? If so, would NIH cooperate with Congress and scientific/community organizations to conduct such audit, review, and oversight? In the case of Dr. Charlie Lieber, he was not charged as a spy. On February 3, 2020, Science Magazine reported that “[w]hat worries Andrew Lelling, U.S. attorney for the Massachusetts district, is that Lieber was allegedly paid to carry out research in China, which, combined with his failure to disclose those relationships, makes him potentially vulnerable to pressure from the Chinese government to do its bidding at some future point.” Are we punishing a child because one day he may grow up to be a criminal? How far have we deviated from a justice system based on facts and evidence, rather than pretext, for individual prosecutions or investigations? When was the last time the U.S. government targeted a nation and a people for law enforcement? These issues about accountability, oversight, and transparency are at the heart of racial profiling (according to the definition in H.R. 7120 Justice in Policing Act of 2020 ), justice, and fairness concerns for the Asian American community that led to the formation of the APA Justice Task Force in 2015. Previous Next 54 scientists lose their jobs from NIH probe into foreign ties