APA Justice fully supports and is a partner with The Yellow Whistle Project , which officially launched on April 19, Patriots Day, 2021. The project was started by Dr. Agnes Hsu-Tang and her husband Oscar Tang, Li-En Chong, Ken Tan, Anne Martin-Montgomery, and Cassandra X Montgomery in response to the anti-Asian hate and violence. In nature, yellow signals the advent of spring, bringing hope, optimism, and enlightenment. In America, yellow has been weaponized against Asians as the color of xenophobia. The whistle is a symbol of self-protection and solidarity in our common fight against historical discrimination, anti-Asian violence, and racial profiling. It has a universal purpose - to signal alarm and call for help - for all Americans. We are whistleblowing to fight back against the stereotype that Asians are a silent minority. We shall not remain silent, because we belong! In Minnesota in early January 2026, community members once again sounded whistles and brought attention to federal immigration enforcement after the fatal shooting of Renee Good by a U.S. Immigration and Customs Enforcement (ICE) agent in Minneapolis. Her wife, Becca Good, stated: “We had whistles. They had guns. ” These events sparked weeks of protests, in which residents used whistles to monitor federal enforcement activities and draw attention to concerns about excessive use of force. Learn more Free whistles are being distributed through a network of outreach partners in New York City and throughout the continental U.S. Priority will be given to 501(C)3 organizations with demonstrated strong community ties. Distribution is managed by regional hubs, including APA Justice. The supply of whistles has been increased from 100,000 to 200,000 and now 500,000. The campaign is turning into a movement and a platform beyond the Asian American and Pacific Islander community. On September 5, 2021, Axios reported on How the yellow whistle became a symbol against anti-Asian hate. Read article See Yellow Whistle activities happening throughout the country The Yellow Whistle Campaign Make a Difference

Newsletter - #228 1/8 Monthly Meeting; "China Initiative;" US-China Ties; CA Leaders in Higher Ed; + #228 1/8 Monthly Meeting; "China Initiative;" US-China Ties; CA Leaders in Higher Ed; + In This Issue #228 · Reminder: 2023/01/08 APA Justice Monthly Meeting · Opposition to Revive "China Initiative" · 45th Anniversary of US-China Diplomatic Ties · Book: The Rise of Chinese American Leaders in U.S. Higher Education: Stories and Roadmaps · News and Activities for the Communities Reminder: 2024/01/08 APA Justice Monthly Meeting The next APA Justice monthly meeting will be held via Zoom on Monday, January 8, 2023, starting at 1:55 pm ET. In addition to updates by Joanna Derman, Director, Advancing Justice | AAJC and Gisela Perez Kusakawa, Executive Director, Asian American Scholar Forum (AASF), confirmed and invited speakers include: · Rep. Judy Chu 赵美心, Chair of the Congressional Asian Pacific American Caucus, to kick off the New Year with us by reviewing 2023 and looking to what is ahead in 2024. · Haipei Shue 薛海培, President, United Chinese Americans (UCA), Hongwei Shang 商红伟, and Echo King 金美声, Co-Founders of Florida Asian American Justice Alliance (FAAJA) to give us a report on December 16 Justice4All protest in Miami. · Ted Gong, Executive Director of the 1882 Foundation will introduce the 1882 Project, 1882 Foundation, and its upcoming activities in 2024, and Martin Gold , Pro Bono Counsel, 1882 Project; Partner, Capitol Counsel, LLC, on a future lecture. · Dr. Yawei Liu 刘亚伟, Senior Advisor, China Focus, Carter Center to introduce us to the China Focus at the Carter Center and the upcoming Conference for the 45th Anniversary of U.S.-China Relations in Atlanta. The monthly meeting is by invitation only. It is closed to the press. If you wish to join, either one time or for future meetings, please contact one of the co-organizers of APA Justice - Steven Pei 白先慎, Vincent Wang 王文奎, and Jeremy Wu 胡善庆 - or send a message to contact@apajustice.org . Opposition to Revive "China Initiative" The Department of Justice (DOJ) ended the China Initiative nearly two years ago. It targeted mostly ethnic Chinese academics and their links to China. The program was stopped after criticism of racial profiling. Now, a proposed House spending bill wants to bring the initiative back. According to a NPR report on January 2, 2024, about 90% of the more than 70 cases prosecuted under the initiative involved people who were ethnically Chinese. Just about a quarter were convicted and usually for much lesser charges. Charges against MIT Professor Gang Chen were all dismissed - he had done nothing wrong, but the damage has been lasting on him and his wife. Professor Chen told NPR, "The China Initiative has fundamentally harmed the U.S. competitiveness. The biggest competition is on talents. And that really deterred a lot of talents coming to the U.S."NPR also interviewed Gisela Perez Kusakawa , Executive Director at the Asian American Scholar Forum, John Yang , president of Advancing Justice | AAJC, and Baimadajie Angwang , New York Police Department Officer who was also charged with being an unregistered foreign agent for China under the China Initiative and also had all the charges against him dismissed. Read the NPR report: https://n.pr/3NPexgA .On December 7, 2023, a coalition of over 50 organizations wrote to Congressional leaders Chuck Schumer, Mitch McConnell, Mike Johnson, and Hakim Jeffries to voice their concerns and strong opposition to reinstate the “China Initiative.” Read the letter: https://bit.ly/47oQP1F . Alien Land Laws Among Top Community Concerns in 2024 In 2023, an onslaught of federal and state legislation was started to prohibit property ownership by citizens of foreign countries (i.e. “alien land laws”). It has raised alarm and response throughout the Asian American community and is expected to continue in 2024. According to a Legal Sidebar by the Congressional Research Service (CRS), during the first six months of 2023, at least 15 states enacted legislation regulating foreign ownership of real property. A group of plaintiffs filed a legal challenge to one state law—Florida’s Senate Bill 264 (SB 264)—arguing that it violates their constitutional rights, does not comport with the federal Fair Housing Act, and is preempted by federal law.The U.S. Department of Justice has filed a Statement of Interest in the case supporting the plaintiffs’ motion for a preliminary injunction and arguing that the Fair Housing Act bars SB 264. The statute declares invalid “any law of a State” that permits or requires a discriminatory housing practice. In addition, the United States argues, SB 264 violates the Equal Protection Clause, because it discriminates based on alienage and national origin without justification. While the federal government has more leeway in regulating alienage, the United States explains, state classifications singling out aliens must be narrowly tailored in pursuit of a compelling government interest. The United States maintains that the law “will not advance the State’s purported goal of increasing public safety,” as Florida has not identified “any legitimate connection between protecting the State” and barring individuals of certain nationalities from owning real property. Plaintiffs, the United States points out, are not members of the PRC government or of the Communist Party of China and are not representatives of their country of origin.Read the CRS Legal Sidebar: https://bit.ly/41N2QwM According to the South China Morning Post on December 16, 2023, Chinese land ownership in US was down 2 per cent in 2022 amid heightened national security concerns. Agriculture Department data reveals holdings fell to nearly 350,000 acres, just shy of 1 per cent of all foreign-held American land. Read the South China Morning Post Report: https://bit.ly/48MC4qR According to a New York Times opinion by Professor Mae Ngai of Columbia University, her parents faced discrimination when attempting to buy land in northern New Jersey due to their Chinese heritage in the 1950s. This discrimination was part of a broader history of racial segregation in the United States, with practices like racial covenants and alien land laws preventing certain groups, including Asians, from owning property. Fast forward to the present day, similar discriminatory measures are resurfacing, with some states passing laws to restrict Chinese nationals, Chinese-owned companies, or the Chinese government from buying land near critical infrastructure like military facilities and airports. Several states have already implemented such laws, with others considering similar measures, and some proposals have been introduced at the federal level targeting foreign land ownership.Citing national security concerns as a reason to prevent foreign adversaries and entities from owning U.S. property, these laws, exemplified by Florida's land bill, target Chinese nationals and companies, promoting a view that associates all Asians, especially Chinese people, with being enemies of America. This echoes a long history of discriminatory legislation dating back to the "yellow peril" fears of the 19th century, which restricted Asian rights and immigration. The contemporary wave of anti-Chinese measures is not entirely new; it was exacerbated during the Trump administration, blaming China for the COVID-19 pandemic, resulting in racist assaults on Asian Americans. Policies like the China Initiative, initially aimed at intellectual property theft, unfairly targeted Chinese and Chinese American academics without evidence of wrongdoing. Although disbanded, it left a chilling effect on ethnic Chinese scientists in the U.S., affecting their job security and deterring future talent from coming to the country. The justification for these measures, rooted in national security concerns, seems overstated. Statistics show that the ownership of agricultural land by foreign nationals, especially Chinese, is minimal, contradicting the perceived threat. The narrative framing China as an adversary serves political expediency but carries severe consequences, including racial harassment and discrimination against Asian Americans.While the Biden Administration has attempted to ease tensions, like President Joe Biden 's meeting with President Xi Jinping and calls for trade relationship "derisking," the persistent linkage of trade and national security perpetuates discrimination against Chinese and Asian Americans. This echoes a history of injustice, such as the internment of Japanese Americans during World War II, which took decades to receive an official apology.Professor Ngai's parents, immigrants from China, eventually found success in their careers and in buying a home, benefiting from the civil rights gains. However, they would likely express concerns about current U.S. policies towards China today, recognizing the potential impact and targeting of individuals like themselves due to their heritage.Read the New York Times opinion: https://nyti.ms/3H9GLiE On December 15, 2023, the Committee of 100 (C100) issued a statement to denounce the legislation in Florida, Texas and additional states that would limit the ability of non-U.S. citizens to purchase land in their state. To track the recent surge of legislation prohibiting property ownership by Chinese citizens (including permanent residents) across the U.S., C100 launched a new database that identifies and explains such legislation considered, and in some cases passed, by Congress and state governments.The webpage features an interactive map of the United States that visually demonstrates the data. The data can be filtered by the provisions included in the legislation, including the types of entities prohibited from owning property (e.g. Chinese citizens, businesses headquartered in China) and the types of properties prohibited from ownership (e.g. residential, commercial, agricultural property).C100’s database, tracking the legislation and documenting resources on the subject, will be updated on a quarterly basis.Read the C100 announcement: https://bit.ly/41NWtJG On December 16, 2023, hundreds braved a stormy day in Miami to protest the unfair legislation of Florida's SB264 and SB846 state laws. The rally was an urgent call for unity and justice, aiming to bring together concerned citizens of all backgrounds and all ethnicities in opposition to injustice and unfair treatment going on in Florida right now. Elected officials and community leaders from across the country actively participated and delivered inspirational speeches. Visit the FAAJA website at https://www.faaja.org/ for more reports. Read the West Orlando News report: https://bit.ly/3TRjlpI 45th Anniversary of US-China Diplomatic Ties According to multiple media reports, President Joe Biden and President Xi Jinping exchanged greetings on January 1, 2024, which marked the 45th anniversary of US-China diplomatic ties. The two countries are trying to restore relations that have reached their most confrontational point in the 45 years since ties were established in 1979. Beijing and Washington officially established ties on January 1, 1979, based on agreements reached after years of negotiations. On the same date, Washington officially switched diplomatic recognition from Taipei to Beijing.In his letter to Biden, Xi said the establishment of diplomatic relations between China and the US was a “major event” in the history of bilateral and international relations. “Over the past 45 years, China-US relations have gone through ups and downs but have generally moved forward, which has not only enhanced the well-being of the two peoples, but also promoted world peace, stability and prosperity,” he said.Biden responded that since the establishment of diplomatic relations in 1979, the relationship between the US and China had promoted prosperity and opportunities for the US, China and the world. “I am committed to responsibly managing this important relationship. I look forward to building on the progress made by our predecessors and our many meetings and discussions as we continue to advance the US-China relationship,” Biden said. The Carter Center will honor President Jimmy Carter and commemorate the 45th anniversary of the normalization of U.S.-China relations during a conference in Atlanta on January 9, 2024. World-renowned experts will participate in panel discussions on different dimensions of the U.S.-China diplomatic, military, and economic relationship. A gala dinner to celebrate President Carter’s legacy promoting peace in East Asia will follow the conference in the evening. Both events are open to the public. For more information, visit https://bit.ly/3TQYG58 Book: The Rise of Chinese American Leaders in U.S. Higher Education: Stories and Roadmaps A new book titled "The Rise of Chinese American Leaders in U.S. Higher Education: Stories and Roadmaps" has been published by Springer Nature. It is a collection of 36 stories and reflections that represent Chinese American leaders and depict their tortuous journeys in U.S. higher education that comes at a critical point in time. Many books have been devoted to academic leadership, but this volume uniquely focuses on subjects most relevant to Chinese Americans. We live at a time that not only witnesses an increase in Chinese American leaders on U.S. campuses but also mounting incidents of discriminatory treatment of this group. They represent leaders holding different ideological values in various academic fields, positions, stages of careers, professional trajectories, generations, Chinese ethnic groups, and geographical locations. Read more about the book at https://bit.ly/48eNQu5 . If you wish to submit a formal review of the book, please visit: https://bit.ly/48p7J1t . News and Activities for the Communities 1. APA Justice Community Calendar Upcoming Events: 2024/01/08 APA Justice Monthly Meeting2024/01/09 The Jimmy Carter Forum on US-China Relations in Honor of 45th Anniversary of Normalization2024/01/20 White House Initiative AA and NHPI Economic Summit in Metro Atlanta2024/01/17 Committee of 100 - Are Asian Americans Paid Less in Business?2024/02/04 Rep. Gene Wu's Town Hall Meeting2024/02/05 APA Justice Monthly Meeting2024/03/03 Rep. Gene Wu's Town Hall MeetingVisit https://bit.ly/45KGyga for event details. Back View PDF January 7, 2024 Previous Newsletter Next Newsletter

Xin Zhao, a prize-winning Ph.D. from the College of William & Mary in Virginia, was forced to flee the U.S. after a federal investigation that included a failed sting, airport stops and an unfounded child-porn search. July 18, 2019 On July 18, 2019, Bloomberg reported on the story of Xin Zhao, a prize-winning Ph.D. from the College of William & Mary in Virginia, whose startup fled the U.S. after a federal investigation that included a failed sting, airport stops and an unfounded child-porn search. “My dream was defeated,” says Zhao, whose crew-cut and boyish face belie the brash candor with which he tells his story. “I came here for freedom and security. Now fear is pushing us back to China.” Inventors with Chinese last names account for one out of every 10 new patents in the U.S. today, up from less than 2% in 1975. While China lost more than 50,000 inventors to emigration from 2002 to 2011, the U.S. welcomed a net gain of more than 190,000, as measured by patent registrations, according to data compiled by the World Intellectual Property Organization, an arm of the United Nations. Xin Zhao, a prize-winning Ph.D. from the College of William & Mary in Virginia, was forced to flee the U.S. after a federal investigation that included a failed sting, airport stops and an unfounded child-porn search. Previous Next U.S. Targeting of Chinese Scientists Fueling a Brain Drain

Newsletter - #241 C100 Activities; Florida SB 264 Hearing; AANHPI Education Summit; Officer Angwang; + #241 C100 Activities; Florida SB 264 Hearing; AANHPI Education Summit; Officer Angwang; + In This Issue #241 · Committee of 100 Activities and Annual Conference/Gala · Appeals Court Hearing on Florida Alien Land Law SB264 · 2024 AA and NHPI Higher Education Leadership Development Summit · Update on NYPD Officer Angwang · News and Activities for the Communities Committee of 100 Activities and Annual Conference/Gala During the APA Justice monthly meeting on March 4, 2024, Cindy Tsai , Interim President and Executive Director, Committee of 100 (C100), reported on four primary C100 activities in addition to various ongoing collaborative activities with Asian American and other communities: · Interactive Map on Alien Land Bills. C100 has been tracking all the 2023 bills by state at https://bit.ly/3Hxta4B . It is currently in the process of creating another layer for the 2024 legislative session. With the basic structure in place, it is a matter of visualizing the data in an interactive map. Cindy emphasizes that while the national organizations are keeping an eye on these developments, it truly is those who are on the ground that will hear about it first. So as you hear about things that are coming out of your state, please share and verify with C100, which will in turn share it with the communities. C100 researcher Sam Collitt can be reached at scollitt@Committee100.org . · AAPI History and K-12 Curricula. C100 has in the last 2 years tracked and updated state-by-state analysis state bills that are available tools for the AAPI community to use as they advocate for AAPI education in schools. You do not need to have a stand-alone AAPI curriculum mandate to advocate to your school district for that type of education curriculum. Additionally, C100 converted its 2018 report on t he contributions of Chinese Americans into 5 middle school lesson plans. C100 is organizing teacher workshops over the summer. If you have interest in this area, please reach out to Cindy. C100 would love to provide these free materials to educators. · Next Generation Leaders Service Project. On March 6, C100 hosted a virtual webinar titled Breaking Career Ceilings and Feeling Comfortable in Your Own Skin. It was led by the C100 Next Generation Leaders Class of 2023. As a community, some of our parents taught us to keep our head down and assimilate. We are now seeing a new generation of people saying: I want to be the authentic me and still achieve and break the glass ceiling. · 2024 Annual Conference and Gala. The C100 annual conference and gala will be held in New York City on April 19, 2024. This year, C100 is doubling the number of curated sessions with three general sessions and two concurrent tracks — one on U.S.-China related topics and the other on key domestic AAPI issues —and will include more than 50 guest speakers, panelists and keynotes. The event will be topped off with a black-tie Gala celebrating the achievements and accomplishments from those in and around the AAPI community. For more information and registration, visit https://bit.ly/4ccKQkj Cindy can be reached at ctsai@committee100.org . A summary of the March 4 APA Justice monthly meeting is in progress. General Session · Debate: Will and Should Corporate DEI Activities Suffer the Same Fate as Affirmative Action? · The 2024 Elections and Their Impact on Asian Americans · Charting New Paths: Innovative Solutions to Asian American Issues Asian American Issue Track · Asian American Awareness Through Education · The Impact of U.S.-China Tensions on Asian Americans in Government · Asian American Career Ceilings – Findings and Solutions · AAPI Community Response to Rising Anti-Asian Hostility · U.S. National Defense Policies - Impact on Asian Americans and U.S. Competitiveness U.S.-China Issues Track · Perspectives on China by Former U.S. Ambassadors · Will the Chinese Economy Stagnate Like Japan's Did? · Foreign Direct Investment – Both Ways – What is Happening and Why? · U.S.-China Tech and Industrial Rivalry · Diplomacy Through Food and Culture Appeals Court Hearing on Florida Alien Land Law SB264 Following its ruling to temporarily halt the enforcement of the Florida alien land law known as SB 264 against two Chinese immigrants on February 1, 2024, the U.S. Court of Appeals for the 11th Circuit will hold hearings in Miami, Florida, in the morning of April 19, 2024. It is one of three cases that will be heard by a three-judge panel. Location of the hearing is James Lawrence King Federal Justice Building, 13th Floor, 99 NE 4th St, Miami, FL 33132. The hearing is open to the public.Read the docket of the civil lawsuit of Shen vs Simpson: https://bit.ly/43idmvB . Read the ACLU statement on the February 1 Appeals Court decision: https://bit.ly/3Utx0Ub 2024 AA and NHPI Higher Education Leadership Development Summit WHAT : 2024 AA and NHPI Higher Education Leadership Development Summit WHEN: April 2, 2024, 8:30 am - 7:30 pm Pacific Time WHERE: In-person event, University of California, Berkeley - Martin Luther King Jr. Building, 2495 Bancroft Way Berkeley, CA 94704 HOSTS: White House Initiative on AA and NHPI; U.S. Office of Personnel Management DESCRIPTION: The one-day summit will focus on cultivating and transforming leaders in their careers within the higher education space. Together, we will engage in curated professional development topics that address challenges that Asian Americans, Native Hawaiians, and Pacific Islanders (AA and NHPIs) face in the higher education workplace, and bring together a rich community of administrators, staff, and faculty who are leading by example – whether it be as part of an Asian American and Native American Pacific Islander-Serving Institution (AANAPISI), Alaska Native and Native Hawaiian-Serving Institution (ANNHSI), or at other degree-granting institutions (including trade and technical schools). REGISTRATION: https://bit.ly/3Vncrco Update on NYPD Officer Angwang According to a report by Documented on March 13, 2024, Baijmadajie Angwang , a New York Police Department (NYPD) officer and ethnic Tibetan immigrant from China, was fired by NYPD on January 29, 2024.Angwang’s case is part of a wave of prosecutions of Chinese immigrants living in the U.S. under the umbrella of the now-defunct "China Initiative," the first country-specific enforcement program in the history of the Department of Justice (DOJ). It targeted mainly scholars and scientists and had gained a reputation for being racially biased and ineffective. An analysis by the MIT Technology Review at the end of 2021 found that only about a quarter of the defendants were charged for violations against the Economic Espionage Act, while many others faced integrity issues, such as failing to reveal their affiliations with research institutes in China in grant applications. On September 21, 2020, a handful of FBI agents pointed M4 rifles at Angwang's head and handcuffed him in front of his wife and 2-year-old daughter at his home on Long Island. He spent six months in solitary confinement at the Metropolitan Detention Center in Brooklyn, where he was only allowed two individual one-hour meetings with his family and lawyer.In January 2023, after Angwang's lawyer John Carman reviewed classified evidence at the U.S. district court in Brooklyn, prosecutors abruptly dropped the charges against Angwang. The dismissal came with a vague note citing newly discovered evidence.Carman, expressing skepticism, believed Angwang's ethnicity played a role in his arrest, noting the weak evidence against him. As a defense lawyer for nearly 30 years, Carman has observed an increase in Chinese clients in federal criminal cases over the past five years. NYPD continued its internal investigation against Angwang based on the dropped federal charges, and, later, terminated his employment. “Most internal investigations based on court cases would be dropped after the court cases are dismissed,” said Angwang, who worked as a community affairs officer at the 111th precinct in Queens before he was arrested. “It’s hard to believe in the city most welcoming to immigrants, they’d treat a new immigrant cop like me in this way.” He had also served as a US Marine in Afghanistan. “The financial burden, the toll on your mental health. Even when your charges are dropped, the impact on your family and your career is far from over,” said Haipei Shue , president of United Chinese Americans, a civil rights organization that has supported Chinese scientists.The NYPD official file on Angwang's termination is posted here: https://bit.ly/3THjLOX .Angwang's termination by the NYPD has not been reported by mainstream media. Read the Documented report: https://bit.ly/3TkslSl . Read Anywang's story: https://bit.ly/3RIqXId . News and Activities for the Communities 1. APA Justice Community Calendar Upcoming Events: 2024/03/24 Committee of Concerned Scientists Annual Meeting 2024/03/25 C100: Asian American Career Ceiling Challenges in Broadcast News2024/03/26 Rally Opposing Florida SB 8462024/03/28 CSIS: U.S.-China Scholarly Recoupling: The Path Forward2024/04/02 2024 AA and NHPI Higher Education Leadership Development Summit2024/04/07 Rep. Gene Wu's Town Hall Meeting2024/04/08 APA Justice Monthly MeetingVisit https://bit.ly/45KGyga for event details. 2. CSIS: U.S.-China Scholarly Recoupling: The Path Forward WHAT: U.S.-China Scholarly Recoupling: The Path Forward WHEN: March 28, 2024, 9:00 - 10:00 am Eastern Time WHERE: WebcastHOST: Center for Strategic and International StudiesMODERATOR: Scott Kennedy, Senior Adviser and Trustee Chair in Chinese Business and Economics, CSISPANELISTS: · Scott Rozelle, Co-Director, Stanford Center on China's Economy and Institutions · Deborah Seligsohn, Assistant Professor, Villanova University · Yu Tiejun, President, Institute of International and Strategic Studies, Peking University · Xie Tao, Dean and Professor, School of International Relations and Diplomacy, Beijing Foreign Studies University · Zhang Ran, Associate Professor, Peking University DESCRIPTION: Over the last two years, the Trustee Chair has led an initiative to avoid U.S.-China scholarly decoupling and restore ties amongst scholars, students and institutions. In 2023, CSIS and Peking University co-hosted a pair of conferences with participation from leading experts from both countries that examined the obstacles to scholarly ties and steps that could be taken to overcome these challenges and create a stronger foundation for renewed ties. This event centers around the release of a major report with contributions from over two dozen of the project participants. REGISTRATION: https://bit.ly/4aaCKGV 3. Racially Profiled for Being A Scientist: A Discussion of the US DOJ's China Initiative WHAT: Racially Profiled for Being A Scientist: A Discussion of the US DOJ's China Initiative WHEN: April 17, 2024, 4:30 - 6:00 pm Eastern Time WHERE: In-person event; Press Hall, 1st floor lobby, New York University HOST: New York University Steinhardt School of Culture, Education, and Human DevelopmentMODERATOR: Hua-Yu Sebastian Cherng, Vice Dean for Research and Equity, NYU SteinhardtPANELISTS: · Daniel Tam-Claiborne, Executive Director, Serica Initiative · Gisela Perez Kusakawa, Executive Director, the Asian American Scholar Forum · Frank Wu, President, Queens College DESCRIPTION: A discussion of the China Initiative, a Trump-era - but potentially revived - effort "inciting widespread fear of racial profiling for Asian Americans across the country." REGISTRATION: https://bit.ly/3THMOlt 4. Serica Initiative: AAPI Women's Gala 2024 WHAT: AAPI Women's Gala 2024 WHEN: May 14, 2024 WHERE: In-person event, Tribeca 360, New York City HOST: Serica Initiative DESCRIPTION: An event that celebrates the remarkable journeys of women who embody the essence of our theme, "Strength Unveiled: A Celebration of Women's Success Through Resilience and Perseverance." It honors the achievements of women with significant ties to Asia—be they from the AAPI community, other parts of Asia, or those who have significantly contributed to bridging cultures and fostering inclusion across continents. REGISTRATION : https://bit.ly/3PxI4fJ 5. Lunar New Year A Holiday In The State Of Washington According to Seattle Times , Governor Jay Inslee signed legislation on March 13, 2024, officially making Lunar New Year a recognized legislative holiday in the state of Washington. The bill’s sponsor, State Representative My-Linh Thai , D-Bellevue, proposed it as part of an effort to promote inclusion of Asian Americans earlier this year. The bill passed the House on January 31 with a vote of 96-1 and on February 28 it unanimously passed the Senate with a 96-0 vote. Washington now joins Colorado and California , which mark Lunar New Year as an official, but unpaid, holiday. In recent years, New York state and Philadelphia began recognizing it as a public school holiday, and U.S. Rep. Grace Meng , D-N.Y., reintroduced a proposal to make Lunar New Year a federal holiday . Lunar New Year celebrations include Tết in Vietnam, Seollal in Korea and Spring Festival in China. Because the holiday is based on the lunar calendar, it does not fall on a set day and floats between January and February. Lunar New Year is generally a 15-day celebration. More than 900,000 Washingtonians identify as Asian, about 12% of the state’s population and about 20% of King County’s population, according to 2020 census data. Read the Seattle Times report: https://bit.ly/3PtCY3Y Back View PDF March 20, 2024 Previous Newsletter Next Newsletter

Chen Song 宋琛 Docket ID: 3:21-cr-00011 District Court, N.D. California Date filed: Jan 7, 2021 Date ended: July 23, 2021 Table of Contents Overview 2021/10/05 APA Justice Monthly Meeting Five “Visa Fraud” Case Links and References Overview On July 23, 2020, the Department of Justice (DOJ) announced the arrest of four scientists from China on claimed visa violation, including Dr. Chen Song. A fifth scientist was arrested for similar charges in August 2020. Dr. Chen Song was a visiting researcher at Stanford University, specializing in neurological studies and brain diseases. She came to the U.S. with her young daughter in 2018 on a J-1 visa, which is often used for scholars and researchers. During her visa application process, she allegedly did not disclose her affiliation with the Chinese military. On January 7, 2021, Dr. Song was charged with one count of visa fraud. If convicted, Dr. Song faced a maximum statutory penalty of up to 10 years in prison and a fine of $250,000. On February 19, 2021, Dr. Song was charged additionally for obstruction of official proceedings; two counts of alteration, destruction, mutilation, or concealment of records; and making false statements to a government agency. On July 23, 2021, Acting U.S. Attorney Stephanie M. Hinds motioned to dismiss the case against Dr. Chen Song, a visiting researcher on neurology from China at Stanford University. On the same day, U.S. District Judge William Alsup granted the motion to dismiss. Dr. Song's passport was returned immediately, and she travelled back to China to continue her medical practice. The other four visa fraud cases were also dismissed at the same time. The five visa fraud cases including Dr. Song were identified under the China Initiative, but they were removed from the DOJ online report after their dismissals. Dr, Song’s defense attorney, John Hemann, spoke about her case during the October 2021 APA Justice monthly meeting. 2021/10/05 APA Justice Monthly Meeting John Hemann, Partner at Cooley LLP, was Dr. Song’s defense attorney. He served as chief of the special prosecutions and national security unit and deputy chief of the criminal division at the US Attorney’s Office for the Northern District of California. When the “China Initiative” began at the Department of Justice (DOJ) in 2018, John Hemann was literally in the room. John Hemann spoke at the APA Justice monthly meeting on October 5, 2021. According to John Hemann, the case of Dr. Song should never have been approached by the U.S. government as a criminal matter, echoing an earlier remark by U.S. Rep. Jamie Raskin at the meeting. Worse yet, Dr. Song was charged at the same time as four other Chinese doctors in an example of what can only be described as rounding up the usual suspects to fight clearly an imagined problem. None of the five were charged with trade secret violations or espionage. And there was never any evidence of trade secret violations or espionage. John Hemann vigorously pursued information discovery in Dr. Song’s case. The government claimed it was classified and information began to come out that even within the government, there was discomfort about the way the FBI and DOJ were handling the matter. There were serious questions about whether it should ever have been charged in the first place. Under the weight of these increasing disclosures, the government dismissed all the charges against Dr. Song and the other four doctors in July 2021. Dr. Song was able to immediately return to China where she has been reunited with her young daughter, her husband, and her family, and back to practicing medicine. John Hemann echoed Rep. Raskin’s comments about due process and national security. There are valid concerns about national security. But those concerns cannot be manifested into targeting or profiling people of a race or national origin because it does not work in the first case. As a prosecutor who spent a lot of time working on national security matters, John Hemann said that profiling is not going to solve the national security problems that it is meant or allegedly motivated to solve. It makes us less safe because it undermines exactly what makes us strongest, which is a constitutional commitment to due process. That is what makes us different. That is what makes us as a country better and more hopeful than any other country. And it all comes down to due process. And while national security, information security, and trade secret thefts are real concerns and real problems, they are not problems that can be identified by first looking at suspects and then looking for crimes. John was doing national security cases and trade secret cases long before the China initiative. United States v. United Microelectronics Corporation (3:18-cr-00465) was the case that launched the China Initiative. It was a trade secret case that was identified the old-fashioned way by first seeing evidence of an actual trade secret theft and then figuring out who committed the crime. John Hemann and DOJ worked very closely with the Taiwanese government. The company that employed the individuals who allegedly stole the trade secrets was a Taiwanese company. It was worked out that the Taiwanese government would prosecute the individuals and the US government would focus on the companies. One of the companies pled guilty, and the case against the Chinese company, Fujian Jinhua Integrated Circuit Co Ltd, moved forward. That case did not need a China initiative. That case moved forward on the evidence with John’s successors in DOJ. On February 27, 2024, Fujian Jinhua Integrated Circuit Co Ltd was cleared of U.S. allegations that the Chinese chipmaker stole trade secrets, in a case that fanned tensions in an intensifying technology race between the United States and China. U.S. District Judge Maxine Chesney in San Francisco found the company not guilty after a non-jury trial. 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 affiliated with China's People's Liberation Army fled the U.S. after the FBI conducted interviews in more than 20 cities and the State Department closed China’s Houston consulate in July 2020. Some of the visa fraud prosecutions were based on photos of the individuals in uniform. However, wearing a uniform does not always imply military service. There are two non-armed branches in the uniformed services of the United States, including the Public Health Service which is a part of the Department of Health and Human Services and the National Oceanic and Atmospheric Administration Commissioned Officer Corps which is part of the Department of Commerce. Previous Item Next Item

Newsletter - #326 Xiaofeng Wang; Dean Chemerinsky; F1 Students; TX HB17; NAPABA/AALDEF; Litigations; + #326 Xiaofeng Wang; Dean Chemerinsky; F1 Students; TX HB17; NAPABA/AALDEF; Litigations; + In This Issue #326 · Urgent : Professor Xiaofeng Wang's Wife to Speak at Town Hall/Sign-On Letter · Dean Erwin Chemerinsky Remarks at APA Justice Monthly Meeting · Lawsuits Filed for F1 Visa Students · Update on Texas Alien Land Bill HB17 · NAPABA and AADELF Filed Amicus Briefs on Birthright Citizenship · Latest on Litigations Against Trump's Executive Actions · News and Activities for the Communities Urgent : Professor Xiaofeng Wang's Wife to Speak at Town Hall/Sign-On Letter On April 11, 2025, Asian American Scholar Forum (AASF) announced that Nianli Ma , wife of Professor Xiaofeng Wang 王晓峰 , will join the virtual State of Play Town Hall to share the challenges that her family is facing. Register to attend the Town Hall: https://bit.ly/4jaA40N . Indiana University (IU) terminated Professor Wang's tenured position as Associate Dean for Research; James H. Rudy Professor of Computer Science, Engineering and Informatics; Director of Center for Security and Privacy in Informatics, Computing, and Engineering; and Director of Secure Computing on March 28. His wife's employement as IU Libraries analytst was also terminated on March 24.AASF has prepared a letter to Rahul Shrivastav , Provost of Indiana University: https://bit.ly/4jmKKJI . Concerned organizations and inidviduals are requested to sign on to the letter by 8 pm ET on Monday, April 14, 2025: https://bit.ly/3EqluTS .The AASF announcement states in part, "In this letter, we raise our concerns about whether this termination occurred without adherence to the University’s due process policies, including the requirement for notice and a hearing before the Faculty Board of Review, under University Policy ACA-52 . We request the reinstatement of Professor Wang and for IU to grant him his due process rights and the opportunity to defend himself."Moreover, we provide this letter to offer additional context from the Asian American and broader scholar, scientific, and research community. Professor Wang’s case has implications for the broader research community. There is a concern that scholars could receive backlash from their universities for activities that are not their own (i.e., getting in trouble for a grant that is not your own or a project you had no awareness of), and a question on whether scholars will be scapegoated and stripped of due process by universities for administrative errors and mistakes on paperwork as opposed to working together to fix any administrative errors. Oftentimes, scholars are not even making any intentional mistakes as those who are considered collaborators may not always be clearly defined. The criminalization of administrative matters and the scapegoating of individual academics will lead to a chilling environment for the research community and deter international collaborations that are so vital to our country’s competitiveness and prosperity."As concerns increase about the potential return of the DOJ’s China Initiative, we must make a stand as a community and ensure that the principles of due process and fairness are upheld."APA Justice is tracking Professor Wang's case at: https://bit.ly/42tbPVR Dean Erwin Chemerinsky Remarks at APA Justice Monthly Meeting Erwin Chemerinsky is Dean and Jesse H. Choper Distinguished Professor of Law at University of California Berkeley Law School. He is a renowned constitutional scholar and a leading expert on civil rights, free speech, and the judiciary. In the first months of the Trump administration, he has been a vocal advocate for the rule of law. Dean Chemerinsky spoke at the APA Justice monthly meeting on April 7, 2025. · 2025/04/05 CNN: Law school dean on Trump's executive orders: 'This is just about retribution' · 2025/04/03 Washington Post Opinion: Trump is targeting law firms and academia. Why don’t they speak up? · 2025/03/14 AP News: Trump demands unprecedented control at Columbia, alarming scholars and speech groups · 2025/03/07 New York Times Opinion: The One Question That Really Matters: If Trump Defies the Courts, Then What? Dean Chemerinsky expressed deep concern about the future of American democracy, stating that if the country were to slide into authoritarianism, this is what it would look like. He emphasizes that his fears are nonpartisan and not about specific policies like tariffs or foreign affairs, but rather about blatant violations of the Constitution and rule of law. He believes the current administration has shown unprecedented lawlessness within its first 75 days, more than any administration before, and signals the urgency of collective action in response. Dean Chemerinsky covered six major topics: 1. Putting people in prison without any due process . Dean Chemerinsky describes a troubling case in which the Trump administration transferred over 200 Venezuelans—and mistakenly, a lawful Salvadoran resident named Kilmar Garcia —to a maximum-security prison in El Salvador without due process. Judge Patricia Millett criticized the action as lacking even "a gossamer of due process." The administration argues that no U.S. court has authority to review or intervene when individuals are detained in foreign countries. Although a U.S. District Court ordered Garcia's return, the Justice Department contends that only a writ of habeas corpus applies—something U.S. courts cannot issue for those held abroad. Dean Chemerinsky warns this stance could allow the government to detain anyone, even critics, outside the U.S. with no legal recourse, raising serious constitutional concerns. The Supreme Court was going to rule on an emergency motion to return Garcia to the U.S. 2. Elimination of Federal agencies and cutoff of Federal funds . Dean Chemerinsky criticizes the Trump administration for unilaterally abolishing federal agencies like USAID, the Department of Education, and the Consumer Financial Protection Bureau without Congressional approval, which he says is illegal since only Congress can do so via statute. He also highlights that the administration is unlawfully refusing to spend funds appropriated by Congress, despite having no authority to do so. Dean Chemerinsky points out that courts during the Nixon era ruled such actions violated the separation of powers, and the 1974 Impoundment Control Act explicitly forbids presidents from withholding congressionally approved spending. 3. Firings of agency heads and civil service workers . Dean Chemerinsky highlights the firing of agency heads and civil service workers without just cause, despite federal laws protecting them. He notes that since 1935, the Supreme Court has upheld Congress's authority to limit the removal of officials in multi-member agencies. Despite this, Trump dismissed leaders from bodies like the Merit Systems Protection Board and the National Labor Relations Board. Just recently, the D.C. Circuit ruled in Harris v. Bessent (7–4) that these firings were unauthorized. 4. Effort to strip birthright citizenship . Dean Chemerinsky identifies a fourth legal violation: the Trump administration’s attempt to eliminate birthright citizenship. The first sentence of Section One of the 14th Amendment states that “all persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States.” The phrase “within the jurisdiction” excludes only limited cases, such as children born to foreign soldiers during an invasion. The Supreme Court affirmed this broad guarantee in United States v. Wong Kim Ark (1898), holding that all individuals born on U.S. soil are citizens, regardless of their parents’ immigration status. Dean Chemerinsky emphasizes that no prior president had challenged this interpretation—until Trump issued an executive order declaring that only children born to U.S. citizens or green card holders would be considered citizens, directly contradicting over a century of settled constitutional law. 5. Targeting universities . The fifth legal violation identified by Dean Chemerinsky is the Trump administration’s targeting of universities by cutting federal funds—$400 million from Columbia and $150 million from the University of Pennsylvania—without following legal procedures. Federal law requires prior notice, a hearing, findings of fact, and a 30-day notice to Congress before cutting university funding, none of which occurred. Moreover, funds may only be cut if a university is deliberately indifferent to a hostile environment, and only the specific discriminatory program may be defunded—not the institution as a whole. Chemerinsky argues this effort is an unlawful attempt to intimidate universities. 6. Retribution against law firms . The Trump administration's targeting of law firms through punitive executive orders aimed at retribution. Firms like Covington & Burling and Perkins Coie were singled out due to their past associations—one had a lawyer who worked with Jack Smith , the other represented Hillary Clinton . The executive orders barred these firms and their lawyers from obtaining security clearances, entering federal buildings (including courts), or representing businesses contracting with the federal government—effectively crippling them. Three federal judges have ruled such orders illegal, affirming that lawyers should not be punished for their clients or lawful, zealous advocacy. Nonetheless, a number of law firms have capitulated and settled, trying to avoid being named in executive orders. Taken together, it is a pattern of violations of the Constitution and laws. Dean Chemerinsky outlines three key actions we all need to take: · Stay Informed – We must continue to follow the news and understand the actions of the Trump administration, despite it being upsetting. · Get Involved – Support organizations challenging lawlessness by volunteering and providing financial assistance. Everyone should find ways to contribute to upholding the rule of law. · Speak Out – Take action by contacting Congress, signing petitions, writing public op-ads, or simply discussing these issues with others to raise awareness and advocate for change. Dean Chemerinsky closed his remarks by quoting Reverend Martin Niemuller (1892-1984), who upon release from a concentration camp, wrote. “First they came for the socialists, and I did not speak out—because I was not a socialist.“Then they came for the trade unionists, and I did not speak out—because I was not a trade unionist.“Then they came for the Jews, and I did not speak out—because I was not a Jew.“Then they came for me—and there was no one left to speak for me.” Following Dean Chemerinsky’s remarks, a discussion including Drs. Les Wong and Jeremy Wu explored the implications of his warnings. Dr. Wong reflected on historical patterns of scapegoating and the importance of civic education, while Dr. Wu linked Dean Chemerinsky’s points to current threats targeting Asian American communities, such as the revival of the China Initiative and the use of wartime powers against immigrants. The discussion emphasized the need for vigilance, coalition-building, and active civic engagement to defend constitutional protection and uphold the rule of law.A video of Dean Chemerinsky's remarks is posted at https://bit.ly/42tYv2n (17:10)A summary of the April 2025 APA Justice monthly meeting is being prepared at this time. Update on the Case of Kilmar Abrego Garcia According to AP News , New York Times , Washington Post , and multiple media reports, on April 10, 2025, the Supreme Court in a 9-0 ruling rejected the Trump administration's appeal and instructed it to take steps to return Kilmar Abrego Garcia, a Salvadoran migrant it had wrongly deported to a notorious prison in El Salvador.The Trump administration refused to meet District Court Judge Paula Xinis ’ deadline of April 10 to share steps officials are taking to facilitate the return of Kilmar Abrego Garcia, saying in a court hearing that the government needs more time to comply with a Supreme Court order. The government’s attorney, Drew C. Ensign , said he could not answer the judge’s questions about Kilmar Abrego García’s whereabouts, including where the man is being held, what the government has done so far to secure his return and what it plans to do next.In a written order after the hearing on April 11, Judge Xinis said the Trump administration had “failed to comply” with the court’s instructions and would not answer “straightforward questions.” She ordered the Trump administration to file daily status updates with the court about the government’s progress getting Abrego García back to the United States by 5 p.m. each day and set a follow-up hearing for the afternoon of April 15.The Justice Department suspended Erez Reuveni , a veteran lawyer who acknowledged that Kilmar Abrego García was mistakenly deported and said he did not know the legal basis for the decision. Lawsuits Filed for F1 Visa Students On April 11, 2025, DeHeng Law Offices PC announced that it has filed a civil lawsuit with the District Court of the Northern District of California: Chen et al v. Noem et al (3:25-cv-03292) . According to the announcement 为留学生F1签证身份起诉美国政府的通知与捐款倡议书 , the US government is terminating hundreds if not thousands of international students' SEVIS registration without legitimate reasons. This has wreaked havoc on the students' study and life in the US. With the termination, the international students are supposed to leave the country right away. The only solution is to get a court order to restore their SEVIS status immediately. A website has been created to track the continuing development of the case: www.caseforf1students.com . A GoFundMe campaign has started at https://bit.ly/4js7lEB . Please share informaion with your colleagues, friends, and families in your network.On April 10, 2025, ACLU of Michigan announced that it had filed a federal lawsuit, Deore v. U.S. Department of Homeland Security, Secretary of (2:25-cv-11038) , on behalf of four international students attending Michigan schools whose student visa status was revoked. The lawsuit includes a request for an emergency injunction ; and asks the court to reinstate the legal status of the students so they can complete their studies in the United States. Update on Texas Alien Land Bill HB17 According to AsAmNews on April 10, 2025, the House Committee on Homeland Security, Public Safety & Veterans' Affairs (Homeland Security Committee) in the Texas House of Representative has delayed a vote on one of the most stringent Alien Land Bills in the country as a coalition grows to oppose it. House Bill 17 (HB 17) would not only restrict the purchase of property by foreign nationals from China, North Korea, Russia and Iran, it would also put limits on where they could rent.Organizations like United Chinese Americans (UCA), APA Justice, the Association of American University Professors (AAUP), and the American Federation of Teachers (AFT) are actively opposing the bill. Professor Steven Pei of APA Justice views the vote delay as a positive sign, indicating internal discussions and hesitations among lawmakers. HB 17 was removed from the Homeland Security Committee's agenda less than 24 hours before the scheduled vote on April 9. A substitute bill is anticipated, but details remain unclear. The Senate counterpart, SB 17, has already passed. Brian Evans , President of Texas AAUP-AFT, highlights that the bill could prevent students, faculty, and professionals from the targeted countries from residing near educational institutions and workplaces, effectively discriminating against these communities.Read the AsAmNews report: https://bit.ly/42rWDXY . 1. Statement by Rep. Ray Lopez Texas Representative Ray Lopez serves as Vice Chair of the Homeland Security Committee. According to his post on X on April 9, Rep. Lopez met with Asian Americans leaders from around the state to have a critical conversation about protecting civil rights in Texas. "We held an important virtual discussion on HB 17 and its dangerous implications. This bill doesn’t just raise national security concerns — it opens the door to racial discrimination, fear, and exclusion. From unchecked executive authority, criminal penalty without due process, and banning people from living in urban areas sets a troubling precedent. HB 17 sends a message that certain individuals are not welcome in Texas — and that’s unacceptable," 2. AAUP-ATF Calls for Action On April 8, 2025, Texas AAUP-AFT issued an urgent call to action in opposition to HB 17, which was recently heard by the Texas House Committee on Homeland Security, Public Safety & Veterans' Affairs. The bill seeks to ban citizens from China, Iran, North Korea, and Russia from purchasing or leasing property within 10 miles of what the state defines as “critical infrastructure.” While supporters claim the bill is about national security, the AAUP-ATF and other critics argue that it is rooted in racial and ethnic profiling, echoing the discriminatory history of alien land laws that previously targeted Asian immigrants. HB 17, they warn, threatens the rights of individuals based solely on their national origin rather than any actual wrongdoing.The AAUP emphasizes that HB 17 poses a direct threat to the educational mission and values of Texas institutions, particularly by creating a hostile environment for international students, faculty, and researchers. These individuals contribute significantly to academic excellence, research innovation, and cultural diversity on campuses across the state. If passed, the bill could deter international talent from coming to Texas, damage collaborative academic relationships, and send a chilling message that people can be excluded from basic rights due to their nationality. The AAUP calls on Texans to contact their state representatives and speak out against HB 17, defending the rights of all members of the academic community and upholding the principles of equity and inclusion. 3. Local NAACP and LULAC Joined Rally During the March 30, 2025, Houston rally against HB 17, NAACP Houston President Bishop James Dixon delivered a powerful speech urging federal and state leaders to uphold America's promise of justice and equality for all Americans - including Chinese, Japanese, African, and Latino Americans. He condemned policies like HB 7 and SB 17 as betrayals of democratic principles, declaring “We’re not asking for pity—we’re asking for justice.” Bishop Dixon called for unified, sustained actions beyond press conferences to achieve read change. He ended with a rallying cry: “The people united can never be defeated” and led the crowd in singing of "We Shall Overcome."Houston LULAC Council President Dr. Sergio Lira and his wife Maria also joined the rally in solidarity. Speaking with passion and conviction, Dr. Lira declared, “When there is discrimination against one, there is discrimination against all. We must stand together.” He emphasized the importance of unity and collective action, vowing, “We are going to let folks in Austin and across the nation know that we are brothers and sisters, united in the spirit of ‘yes we can.’” 4. An Emerging Broad and Diverse Coalition More than 80 organizations signed an open letter to Texas legislators opposing HB 17. The effort was led by The Texas Multicultural Aadvocacy Coalition (TMAC) and UCA, which was also posted as ads in Texas media. They represent a broad, diverse coalition of Texas-based and national groups united against discriminatory legislation targeting immigrants and communities of color.The 49 Texas organizations include cultural, civic, business, legal, and advocacy groups rooted in Asian American, Latino, and African American communities across major cities such as Houston, Dallas, Austin, and San Antonio. These groups range from long-established institutions like the NAACP Houston Branch, Greater Houston LULAC Council, and OCA Greater Houston, to professional networks like the Asian American Bar Associations of Houston, Dallas, and Austin, as well as local cultural organizations such as the DFW Chinese Alliance, Shaanxi Folks Group, and Fujian Association of South USA. Together, they reflect a rich diversity of Chinese, Asian, and multicultural constituencies across Texas, voicing collective opposition to HB 17's targeting of foreign land ownership based on national origin.The 32 national and other organizations include leading civil rights, legal, and policy groups such as Asian Americans Advancing Justice | AAJC, APA Justice Task Force, Asian Pacific American Public Affairs, Chinese American Citizens Alliance, Chinese for Affirmative Action, Japanese American Citizens League (JACL), National Asian Pacific American Bar Association (NAPABA), and OCA–Asian Pacific American Advocates. They are joined by grassroots networks like Pivot to Peace, Stop AAPI Hate, and United Chinese Americans (UCA), as well as academic and professional associations such as the Federation of Asian Professor Associations. These groups bring national visibility, legal expertise, and historical context to the fight against policies like HB 17, drawing parallels to past discriminatory land laws and mobilizing communities across the country in defense of civil rights and equal treatment under the law.The Asian Real Estate Association of America (AREAA) and its San Antonio Chapter were also a key voice in the real estate and property rights sector, advocating against discriminatory barriers that would impact their members and clients at the state and national level.2025/04/10 西雅图中文电台: 德州众议院推迟限制华人租房/购房法案的投票 2025/04/08 休斯顿在线: 限制中国人买房/买地/租房的德州HB17法案明日投票！留给我们的时间不多了 NAPABA and AADELF Filed Amicus Briefs on Birthright Citizenship On April 11, 2025, the Asian American Legal Defense and Education Fund (AALDEF)—with the Korematsu Center for Law and Equality and the Center for Civil Rights and Critical Justice—filed an amicus brief in opposition to the Trump administration’s executive order terminating birthright citizenship for children born to parents who are not citizens or permanent residents. The brief was submitted on behalf of more than 80 Asian American organizations and law centers to the Ninth Circuit U.S. Court of Appeals. The brief connects the executive order to its historical roots in the Asian exclusion movement of the late 19th century, arguing that this attack on birthright citizenship has no place in a democracy founded on the notion that all people are created equal. The authors center the stories of mixed-status families and additional instances of individuals who had their citizenship taken away to illustrate the harm the executive order will have if allowed to stand. Read the AALDEF announcement: https://bit.ly/42biaVZ . Read the full amicus brief: https://bit.ly/42FSscd .On April 9, 2025, the National Asian Pacific American Bar Association (NAPABA) and 43 of its affiliates and national associates from across the country joined forces to defend the fundamental constitutional guarantee of citizenship. The coalition filed an amicus brief with the U.S. Court of Appeals for the Ninth Circuit in State of Washington v. Donald J. Trump. The Fourteenth Amendment of the U.S. Constitution promises every person equal treatment under the law. It also includes an equal claim of citizenship to all persons born in the United States, regardless of the stature or circumstances of their parents.Executive Order 14160 upends that promise. It refuses to recognize the birthright citizenship of any child born in the United States to a mother who is lawfully present on a temporary basis, like those on work or student visas, and a father who is neither a U.S. citizen nor a lawful permanent resident.Read the NAPABA announcement: https://bit.ly/3G6WotN . Read the full amicus brief: https://bit.ly/4csfFln Latest on Litigations Against Trump's Executive Actions As of April 11, 2025, the number of lawsuits against President Donald Trump 's executive actions reported by the Just Security Litigation Tracker has grown to 186 (4 closed cases). These are some of the latest developments: · J.A.V. v. Trump (1:25-cv-00072) @Southern District of Texas and G.F.F. v. Trump (1:25-cv-02886) @Southern District of New York. Plaintiffs are Venezuelan nationals (proceeding under pseudonym) in immigration custody in Texas and New York respectively. They have filed habeas petitions asking the court to stop the government from removing them from the United States based on the Alien Enemies Act Presidential Proclamation, and to declare the Proclamation unlawful. The case has been brought on behalf of themselves and a class of all other persons similarly situated, to include all noncitizens from Venezuela in immigration custody in the Southern District of Texas and the Southern District of New York, who were, are, or will be subject to the Proclamation. The courts have temporarily blocked the Defendants from removing the Plaintiffs and others similarly situated through April 23, 2025. · Samuels v. Trump (1:25-cv-01069) @District of Columbia. On January 27, 2025, President Donald Trump removed Plaintiff Jocelyn Samuels from her position as Commissioner of the Equal Employment Opportunity Commission (EEOC). Samuels brought suit arguing that the EEOC is an independent agency, and President Trump does not have authority to remove her prior to the end of her term in 2026. Samuels asked the court to declare her removal unlawful and for injunctive relief to allow her to perform her duties as Commissioner. News and Activities for the Communities 1. APA Justice Community Calendar 2025/04/13 Rep. Gene Wu's Town Hall Meeting2025/04/14 State of Play Virtual Town Hall2025/04/15 China Connections: A Conversation with Emily Feng2025/04/22 Scholars Not Spies: Fighting for International Academic Workers’ Rights in an Era of Rising US-China Conflict2025/04/24 CHINA Town Hall: The First 100 Days: President Trump's China Policy2025/04/24-26 Committee of 100 Annual Conference and Gala2025/04/27 Rep. Gene Wu's Town Hall Meeting2025/05/05 APA Justice Monthly Meeting2025/05/06 Asian American Careers - How to Build Your Personal Network, including Through Strategic Allies2025/05/11 Rep. Gene Wu's Town Hall MeetingVisit https://bit.ly/3XD61qV for event details. # # # APA Justice Task Force is a non-partisan platform to build a sustainable ecosystem that addresses racial profiling concerns and to facilitate, inform, and advocate on selected issues related to justice and fairness for the Asian Pacific American community. For more information, please refer to the new APA Justice website under development at www.apajusticetaskforce.org . We value your feedback. Please send your comments to contact@apajustice.org . Back View PDF April 13, 2025 Previous Newsletter Next Newsletter

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

Newsletter - #268 Franklin Tao Speaks; Brain Drain; Research Collaboration Decline; Sheila Jackson Lee + #268 Franklin Tao Speaks; Brain Drain; Research Collaboration Decline; Sheila Jackson Lee + In This Issue #268 · The Injustice and Ordeal of Professor Feng "Franklin" Tao · Reverse Brain Drain? Exploring Trends among Chinese Scientists in the U.S. · Nature : China–US research collaborations are in decline · Remembering Sheila Jackson Lee · News and Activities for the Communities The Injustice and Ordeal of Professor Feng "Franklin" Tao On July 11, 2024, Professor Feng "Franklin" Tao was cleared of the final charge against him under the now-defunct China Initiative. He and his wife have accepted an invitation to speak at the next APA Justice monthly meeting on August 5, 2024.Professor Tao was the first academic scientist indicted under the China Initiative on August 21, 2019. As a tenured associate professor at the Kansas University (KU), he conducted research on fundamental studies of catalysis for chemical transformation, promotion of energy efficiency, and environmental sustainability. On June 24, 2020, the government charged him with a second superseding indictment, bringing the total to ten counts including wire fraud and false statements against Professor Tao. These charges were unrelated to espionage or the transfer of sensitive information to China.The case against Professor Tao started from fabricated allegations by a disgruntled visiting scholar. After failing to extort Professor Tao for $300,000, she later admitted to the FBI that she had hacked into his email account to fish for "evidence" and then used phony aliases to submit fabricated complaints to both KU and the FBI.Before the jury trial, the government voluntarily dropped two charges. The trial on the remaining eight counts began on March 21, 2022. The jury acquitted four counts and convicted him on the other four counts. On September 20, 2022, U.S. District Court Senior Judge Julie Robinson acquitted the three wire-fraud counts. Only a false statement count was left. On January 18, 2023, Judge Robinson sentenced Professor Tao to no jail time, no fine, and two years of probation for the remaining false statement conviction. The district court terminated the probation early in February 2024.Professor Tao appealed the conviction of the last count in February 2023. On July 11, 2024, the 10th Circuit Appeals Court ruled in a 2-1 vote that reversed the conviction of making a false statement, clearing all charges imposed on Professor Tao.The acquittal of the last of the 10 original charges marked the end of Professor Tao's five-year ordeal of criminal persecution, initiated by racial profiling under the China Initiative. Despite not being tried for espionage or the transfer of sensitive information to China, his faculty position was terminated in January 2023. He expects KU should reinstate him.While Professor Tao's innocence has now been confirmed, the process has had a tremendous impact on his finances, career, reputation, and family.APA Justice has closely tracked Professor Tao's case from the beginning. The Asian American communities were mobilized to fully support Professor Tao.The media was engaged. Amicus brief was submitted. Funds were raised for his legal defense. Turnout rallies were organized.APA Justice has compiled the details of Professor Tao's ordeal into a web page. It is still a work in progress, but it is available for public review here: https://bit.ly/3y8SBsm . If you wish to attend the August 5 APA Justice monthly meeting or provide feedback to the web page, please send a message to contact@apajustice.org . 2024/07/23 Press Conference on Professor Franklin Tao WHAT: Press Conference WHO: Professor Franklin Tao, his wife, his lawyer, Peter Zeidenberg, Members of Congress, representatives from Asian American civil rights and scientific organizations WHEN: July 23, 3:00 pm to 3:30 pm ET WHERE: Cannon House Office Building, Room 454, Capitol Hill, Washington DC Reverse Brain Drain? Exploring Trends among Chinese Scientists in the U.S. According to an update by the Stanford Center on China's Economy and Institutions (SCCEI) on July 15, 2024, along with native-born Chinese Americans, Chinese immigrants have become a large and visible demographic group in American science, technology, and engineering. However, the pressure of potential federal investigations since the 2018 launch of the "China Initiative" by the U.S. Department of Justice has provided scientists of Chinese descent in the U.S. with higher incentives to leave and lower incentives to apply for federal grants.While most China-born, U.S.-based scientists intend to stay in the U.S., the number leaving has steadily increased. After the Department of Justice implemented the "China Initiative" in 2018, departures increased by 75%, with two-thirds of the relocated scientists moving to China.Surveyed scientists of Chinese descent in the U.S. report anxiety and new difficulties in pursuing their research, with 61% considering leaving the U.S. and 45% avoiding federal grant applications.The update says U.S. science will likely suffer given the loss of scientific talent to China and other countries. Read the SCCEI update: https://stanford.io/3zQOf9P . Nature : China–US Research Collaborations are In Decline According to Nature on July 19, 2024, scientists have been warning that political tensions between China and the United States, combined with the pandemic, have affected research collaborations between the two countries. But it takes time for evidence of this sort of decline to accumulate in research databases. The latest evidence comes from an analysis conducted by Springer Nature ’s team in China. They found that in 2022, the total number papers co-authored by researchers from China and their international peers declined for the first time since 2013.The proportion of research papers with Chinese and international co-authors has been falling for even longer. At its peak, in 2018, 26.6% — roughly 110,000 articles — of China’s output in the InCites database was co-authored with international colleagues. By 2023, the proportion of the country’s articles with international peers had dropped by 7.2%, despite China’s overall number of articles almost doubling to 759,000 over the same period.The drop in internationally co-authored papers is mainly due to China’s declining share of papers published with US researchers, which fell by 6.4% between its peak in 2017 and 2023 — the largest decline of any country included in the analysis. The findings were presented at the Zhongguancun Forum in Beijing on April 25.The decline in US-China collaborations echoes findings from a 2022 analysis conducted for Nature, which found that the number of researchers with dual US and China affiliations on research articles in Elsevier’s Scopus database had fallen by more than 20% between 2019 and 2021. The crackdown under the China Initiative resulted in several scientists being arrested over their ties to collaborators or institutions in China, and has stoked fear among researchers of Chinese descent. Since then, the US government has adopted a range of policies focused on tightening research security. And in July 2023, the Chinese government implemented its revised counter-espionage law, which broadened the definition of what constitutes spying.The crackdown on perceived foreign interference in both the United States and China is making researchers more cautious about collaborating. Restrictive policies and the climate of fear could end up driving talent away from certain countries and fields, leading to a “brain drain and a loss of valuable human capital.” The faltering collaborative ties between the United States and China could also result in the countries pursuing the same types of research separately, increasingly prioritize domestic interests over international cooperation, which could make scientific research a more nationalistic endeavor.Read the Nature report: https://go.nature.com/4cP5h6O . Remembering Congresswoman Sheila Jackson Lee Texas congresswoman Sheila Jackson Lee (pictured in red above) died in Houston on July 19, 2024, at the age of 74. Rep. Sheila Jackson Lee was a force in American politics. Born in Queens, New York, she was appointed a municipal court judge in Houston in 1987. She won a place on Houston's City Council two years later. In 1994, she defeated incumbent Congressman Craig Washington in the primary for a solidly Democratic seat. She won the general election that November. She was only the fourth member to represent the district since it was redrawn to represent Houston, following Barbara Jordan , Mickey Leland , and Washington. She wound up holding it for nearly 30 years, longer than all three of her immediate predecessors combined.Rep. Sheila Jackson Lee was a local, national and international humanitarian, who fought for racial and criminal justice. She was a fierce champion of the peopleIn March 2020, Rep. Sheila Jackson Lee expressed outrage at the uptick in violence against Chinese Americans and pleaded for the President to cease and desist from calling the Coronavirus the Chinese Virus. "Violence directed against individuals on the basis of their race, religion, national origin, gender, or sexual orientation is disturbingly prevalent -- and poses significant threats to the Chinese American community during this worldwide pandemic. Domestic terrorism is growing, and these words and attacks only create increasing fear in a time when our nation should be unified and stand together," she said in statement. On February 11, 2023, Rep. Sheila Jackson Lee wore the "We Belong" Yellow Whistle and joined hundreds of protesters marching through Houston's Chinatown in opposition to SB 147 - a proposed law that would prohibit Chinese citizens from owning property in Texas. She carried the banner with Texas Representative Gene Wu , Congressman Al Green , and Houston Mayor Sylvester Turner , insisting to complete the entire march. Rep. Sheila Jackson Lee also spoke on the stage . "No to SB 147, because the Statue of Liberty has not fallen, and the American flag is still standing," she said. "Stop the Asian hate. Stand for the American flag."We mourn the passing of Rep. Sheila Jackson Lee and the loss of a true friend of the Asian American community. News and Activities for the Communities 1. APA Justice Community Calendar Upcoming Events: 2024/07/23 Press Conference on Professor Franklin Tao2024/07/25-28 Leadership Convention by NAAAP (National Association of Asian American Professionals) 2024/07/27-28 Asian American Pioneer Medal Symposium and Ceremony2024/08/04 Rep. Gene Wu's Town Hall Meeting2024/08/05 APA Justice Monthly Meeting2024/08/19 DNC Convention, AAPI Briefing & Reception, Chicago, IL2024/09/01 Rep. Gene Wu's Town Hall Meeting2024/09/19-20 AANHPI Unity SummitThe Community Calendar has moved. Visit https://bit.ly/3XD61qV for event details. Back View PDF July 23, 2024 Previous Newsletter Next Newsletter

Newsletter - #3 July 6 Meeting Summary; ICE Directive On Student Visas; Racism In The Military #3 July 6 Meeting Summary; ICE Directive On Student Visas; Racism In The Military Back View PDF July 16, 2020 Previous Newsletter Next Newsletter

Newsletter - #320 ACF, CALDA and AAJC Reports; Trump Invokes 1798 Law; Court Rulings Against Trump; More #320 ACF, CALDA and AAJC Reports; Trump Invokes 1798 Law; Court Rulings Against Trump; More In This Issue #320 · The Institute for America, China, and the Future of Global Affairs · Updates from Chinese American Legal Defense Alliance · Updates from Advancing Justice | AAJC · Trump Invokes 1798 Law; Defies Court Order; Rebuked by Chief Justice · Recent Court Rulings Against Trump's Executive Actions · News and Activities for the Communities The Institute for America, China, and the Future of Global Affairs Jessica Chen Weiss is Founding Faculty Director of the Institute for America, China, and the Future of Global Affairs (ACF), SAIS, Johns Hopkins University.During the APA Justice monthly meeting on March 3, 2025, Jessica introduced ACF, newly launched in February 2025, that aims to enhance the rigor and depth of public and policy discussions on China, emphasizing civil liberties, inclusiveness, and democracy as central to U.S. foreign policy. Unlike other China-focused think tanks, ACF seeks to foster evidence-based dialogue among experts and practitioners while remaining neutral on policy stances. The institute was launched alongside the report " Getting China Right at Home ," a collection of essays by 15 experts, including contributions from Gisella Perez Kusakawa of Asian American Scholar Forum and Patrick Toomey of ACLU. Seven of the 15 essays in the conceptions of grappling with China address issues of civil liberties, transnational oppression, and discrimination against Asian Americans.ACF seeks to fill a gap in Washington's foreign policy conversations by addressing the domestic consequences of U.S.-China relations, ensuring that civil rights and inclusivity are not sidelined. Jessica emphasized that these issues are not merely collateral damage but are fundamental to formulating sound China policies. There are head winds, but the institute operates under four guiding principles: rigor in research, humility in acknowledging complexity, civility in discussions, and creativity in forward-thinking solutions. This approach is intended to bridge academia and policymaking, fostering long-term strategies that account for both national security and civil liberties.This spring, ACF will focus on disseminating its research findings through meetings with congressional offices, government agencies, and policy stakeholders to encourage two-way dialogue. The institute will also launch an ideas series spotlighting key policy areas while cultivating a new generation of experts who integrate academic insights with practical policymaking. Jessica underscored the importance of maintaining open academic spaces for constructive discussions, ensuring that universities continue to contribute to informed policy debates. Through these initiatives, ACF aims to provide a central platform for nuanced, fact-based conversations on U.S.-China relations and their broader societal implications.A summary of the March 3 APA Justice monthly meeting is being prepared at this time. Updates from Chinese American Legal Defense Alliance Clay Zhu 朱可亮 is Co-Founder, Chinese American Legal Defense Alliance 华美维权同盟 (CALDA).During the APA Justice monthly meeting on March 3, 2025, Clay provided updates on ongoing civil rights litigation concerning discriminatory laws against Chinese Americans, particularly in Florida. Clay’s update covered two major legal battles: Florida’s Alien Land Law (SB 264) and SB 846, which targets Chinese students and universities.SB 264, a measure enacted nearly two years ago, is widely seen as part of the political positioning for the Florida Governor’s presidential bid. This law has been challenged in federal court by CALDA in collaboration with the ACLU and other organizations. The case is currently before the 11th Circuit Court of Appeals, with a decision anticipated in the next couple months. Clay stressed that the ruling will have far-reaching implications, as it is the first appellate-level decision on such a state law. Given its higher legal authority, the ruling could influence similar laws in other states, particularly Texas, where similar measures are under consideration. The second major case pertains to Florida’s SB 846 , which prohibits universities from forming agreements with Chinese entities. In practice, this has led to the termination of Chinese graduate students’ assistantship roles, severely impacting their academic and professional development.For students working towards a master or Ph.D. degree, it is essential for them to working for the supervising professors as graduate assistants, so that they can go into the lab and work on real life projects and be able to collaborate on academic papers.SB 846 basically bans all the international students from China to be graduate students at universities in Florida.CALDA promptly filed a lawsuit challenging this law. Recently, a magistrate judge ruled in favor of one of CALDA’s arguments, stating that Florida’s law interferes with federal immigration authority. The judge accepted the argument that the law overreaches state power by infringing upon federal immigration regulations. However, the court did not rule in favor of the claim that the law is racially discriminatory. The case is now under review by a district court judge, who is expected to issue a decision in the next month or two. Given historical precedent, it is likely that the district court judge will adopt the magistrate judge’s recommendations. Nevertheless, Florida is expected to appeal the ruling, which would bring the case before the 11th Circuit Court of Appeals, similar to the Alien Land Law case.Looking ahead, Clay noted that CALDA is closely monitoring legislative developments in Texas. If Texas enacts laws similar to SB 264 or SB 846, the organization is prepared to launch legal challenges to prevent further discriminatory measures. The outcomes of these lawsuits will not only shape the legal landscape in Florida but also set critical precedents that could influence policy decisions and judicial interpretations in other states.Through these legal battles, CALDA continues to advocate for the rights of Chinese Americans, ensuring that unconstitutional and discriminatory policies are challenged in court. Clay’s update highlights the ongoing efforts to protect civil rights and the broader implications of these cases for immigrant communities nationwide. Updates from Advancing Justice | AAJC During the APA Justice monthly meeting on March 3, 2025, Joanna YangQing Derman , Director of Anti-Profiling, Civil Rights & National Security Program at Advancing Justice | AAJC, reported that AAJC strongly condemned President Trump's executive order mandating English as the official U.S. language, calling it a racist attack on immigrant communities.Joanna provided a litigation update, noting that a federal judge in Maryland temporarily blocked key parts of Trump’s executive orders targeting DEI initiatives in the Federal government and corporate America, citing constitutional violations and harm to affected individuals and organizations.AAJC is also tracking land law activities at state and federal levels, particularly in Texas, where lawmakers introduced SB 17 and HB 1849. AAJC is working with NAPABA and other groups to support advocacy efforts. At the federal level, they anticipate alien land bills and are coordinating opposition with allies, including CAPAC.In addition, reports indicate that the Trump administration plans to invoke the Alien Enemies Act soon, with advocacy groups engaging lawmakers to oppose it. Lastly, Trump nominated John Eisenberg to lead the DOJ’s National Security Division, raising concerns about a possible reinstatement of the China Initiative. AAJC is strategizing with partners to monitor his confirmation. Trump Invokes 1798 Law; Defies Court Order; Rebuked by Chief Justice According to multiple media reports, on March 15, 2025, President Donald Trump issued an executive order invoking the Alien Enemies Act of 1798, a wartime law granting the president broad authority to detain or deport noncitizens from "enemy nations" without due process. Trump’s order claims the U.S. is facing an “invasion” by a Venezuelan gang allegedly acting on behalf of Venezuela’s government. Harvard Law Professor Noah Feldman opined that the Alien Enemies Act is a weak argument for deportation without a hearing - the U.S. is not at war with Venezuela, a gang is not a government, and it is not threatening invasion or incursion.The Alien Enemies Act was last used during World War II to justify the internment of 120,000 persons of Japanese descent and has only been invoked twice before, during World War I and the War of 1812.The American Civil Liberties Union (ACLU), Democracy Forward, and the ACLU of the District of Columbia filed a lawsuit against the Trump administration over Trump's expected unlawful and unprecedented invocation of the Alien Enemies Act— J.G.G. v. Trump (1:25-cv-00766) . Chief Judge James E. Boasberg of the D.C. Circuit Court issued an initial temporary restraining order (TRO) blocking the deportation of the five plaintiffs named in the lawsuit. Later that day, Judge Boasberg expanded the scope of the TRO to encompass all individuals at risk of removal under the Alien Enemies Act, thereby granting class certification. This expanded TRO now protects all immigrants who could be subject to deportation under the Act, preventing their removal from the United States until further legal proceedings determine the Act's applicability and constitutionality in this context. The Washington Post reported that planes deporting 137 migrants under the act landed in El Salvador after Judge Boasberg ordered any such flights to return to the United States on March 15. Family members of some of those deported reportedly said their relatives are not gang members.On March 17, Judge Boasberg ordered Trump officials to provide the next day a sworn declaration that no one was deported under the authority of the Alien Enemies Act after his verbal order was made to turn the planes around. The judge also ordered officials to detail when the executive order was issued and provide a count of how many alleged gang members still in the United States are subject to the order. The Trump administration’s battle with the federal court system escalated sharply with government lawyers calling for the removal of Judge Boasberg and refusing to answer some questions in court.On March 18, Trump called for the impeachment of Judge Boasberg, prompting John G. Roberts Jr., Chief Justice of the United States to issue a rare and stern statement rejecting the idea and asserting the independence of the judiciary. “For more than two centuries, it has been established that impeachment is not an appropriate response to disagreement concerning a judicial decision,” he wrote. “The normal appellate review process exists for that purpose.”On March 18, the Justice Department refused to answer questions from Judge Boasberg seeking more details about deportations carried out under the Alien Enemies Act, leading the judge to issue a new order for the information. "The Government maintains that there is no justification to order the provision of additional information, and that doing so would be inappropriate...if, however, the Court nevertheless orders the Government to provide additional details, the Court should do so through an in camera and ex parte declaration, in order to protect sensitive information bearing on foreign relations," the DOJ filing said.Judge Boasberg responded to the filing a short time later, directing the government to answer his questions in a sealed court filing by noon March 19. Judge Boasberg has substantial qualifications in handling national security matters, having served a seven-year term on the United States Foreign Intelligence Surveillance (FISA) Court beginning in May 2014. He was the Court's Presiding Judge from January 2020 to May 2021. Judge Boasberg expressed frustration that the government had appeared to snub his order halting the deportations and refused to answer questions about its actions. He had reportedly summarized the government's position as "we don’t care, we’ll do what we want.”On March 19, New York Times reported that Judge Boasberg granted the government another day to share details on deportation flights, including what time two planes took off from U.S. soil and from where, what time they left U.S. airspace, and what time they landed in El Salvador.On March 24, a federal appeals court will hear oral arguments on the Trump administration’s request to lift the temporary block from Judge Boasberg.APA Justice will continue to closely monitor and provide updates on this development. Several organizations have issued statements on the invocation of the Alien Enemies Act, including: · 2025/03/18 Asian American Scholar Forum · 2025/03/17 Asian American Advancing Justice · 2025/03/17 Refugee International · 2025/03/16 Asian American Legal Defense and Education Fund ***** WP: ‘Very dangerous’: Japanese Americans warn of Trump’s use of Alien Enemies Act According to the Washington Post on March 19, 2025, during World War II, the U.S. government used the Alien Enemies Act to arrest thousands of Japanese, German, and Italian nationals, often without evidence or due process. Russell Endo , whose grandfather Heigoro Endo was detained under the law, has researched hundreds of such cases and found no evidence of disloyalty. “If you read the case files, they are completely innocent,” Endo said, emphasizing how the law lacked oversight and offered no recourse for those targeted. Now, with President Donald Trump invoking the same law to deport alleged Venezuelan gang members without hearings, Japanese American leaders fear history is repeating itself. Former Congressman Mike Honda , who was incarcerated as an infant under Executive Order 9066, warned that the law gives “too much power in the executive branch because it can be used at a whim.” He has worked with lawmakers to repeal the law, calling it unconstitutional and a violation of fundamental rights. The personal impact of such policies extends across generations. Larry Oda , president of the Japanese American Citizens League, recalled how his father, Junichi , was arrested the day after a military exclusion zone was expanded in California, even though he had relocated to avoid internment. Junichi was sent to multiple incarceration camps, including one in Crystal City, Texas, where Oda was born. “One of the things that affected me the most was that myself and my family had done nothing wrong. We were targeted because of the way we looked,” he said. The trauma left a lasting fear of being unfairly imprisoned. The history of wartime detention highlights the broader dangers of discriminatory policies, as seen in Trump’s recent deportations, which a federal judge has already challenged. For Endo and others, the lesson is clear: “People are using a law that is very dangerous, and the government is abusing it.” Recent Court Rulings Against Trump's Executive Actions As of March 19, 2025, the number of lawsuits against President Donald Trump 's executive actions reported by the Just Security Litigation Tracker has grown to 129 with two closed cases. The New York Times is tracking court rulings that have at least temporarily halted some of the president’s initiatives. As of March 15, 2025, there were at least 46 such rulings.Some of the recent major rulings and related developments: · On March 18, 2025, U.S. District Judge Theodore D. Chuang of the District of Maryland found efforts by Elon Musk and his team to permanently shutter the U.S. Agency for International Development likely violated the Constitution “in multiple ways” and robbed Congress of its authority to oversee the dissolution of an agency it created. Judge Chuang ordered that agency operations be partially restored and barred Musk’s team from engaging in any further work “related to the shutdown of U.S.A.I.D.” The ruling was issued in Does 1-26 v. Musk (8:25-cv-00462) On March 18, 2025, U.S. District Judge Ana C. Reyes of the District of Columbia blocked the Trump administration from banning transgender people from serving in the military until the lawsuit is decided. “The ban at bottom invokes derogatory language to target a vulnerable group in violation of the Fifth Amendment,” Judge Reyes wrote. The ruling was issued in Talbott v. Trump (1:25-cv-00240) On March 17, 2025, U.S District Judge Julie Rubin of Maryland ordered the U.S. Department of Education to reinstate numerous grants that support teacher-preparation programs. The ruling was issued in American Association of Colleges for Teacher Education v. McMahon (1:25-cv-00702) On March 13, 2025, U.S District Judge William Alsup of the Northern District of California ordered half a dozen federal agencies to “immediately” reinstate probationary employees fired last month as part of the Trump administration’s effort to rapidly shrink the federal workforce, calling the effort a “sham.” The ruling was issued in American Federation Of Government Employees, AFL-CIO v. United States Office of Personnel Management (3:25-cv-01780) . On March 17, the Ninth Circuit denied the government’s request for an administrative stay. On March 14, 2025, U.S District Judge James K. Bredar of Maryland granted a temporary restraining order demanding the Trump administration reinstate federal probationary employees terminated on or after January 20. On March 18, the Washington Post reported that the Trump administration has moved to reinstate at least 24,000 federal probationary employees fired in Trump’s push to shrink the government. The ruling was issued in State of Maryland v. United States Department of Agriculture (1:25-cv-00748) News and Activities for the Communities 1. APA Justice Community Calendar Upcoming Events:2025/03/04 Fair Housing Rights & Alien Land Laws: Challenges and Advocacy for the Asian American Community2025/03/05 The Global Economy at a Crossroads: U.S.-China in Focus2025/03/12 MSU Webinar on China Initiative2025/03/16 Rep. Gene Wu's Town Hall Meeting2025/03/30 Rep. Gene Wu's Town Hall Meeting2025/04/07 APA Justice Monthly Meeting2025/04/13 Rep. Gene Wu's Town Hall Meeting2025/04/24-26 Committee of 100 Annual Conference and Gala2025/04/27 Rep. Gene Wu's Town Hall MeetingVisit https://bit.ly/3XD61qV for event details. # # # APA Justice Task Force is a non-partisan platform to build a sustainable ecosystem that addresses racial profiling concerns and to facilitate, inform, and advocate on selected issues related to justice and fairness for the Asian Pacific American community. For more information, please refer to the new APA Justice website under development at www.apajusticetaskforce.org . We value your feedback. Please send your comments to contact@apajustice.org . Back View PDF March 20, 2025 Previous Newsletter Next Newsletter

Alien Land Bills WELCOME WELCOME WELCOME WELCOME WELCOME WELCOME WELCOME WELCOME WELCOME WELCOME WELCOME WELCOME WELCOME WELCOME WELCOME WELCOME WELCOME WELCOME WELCOME WELCOME WELCOME WELCOME WELCOME WELCOME Prev Next Overview Alien land laws were a series of laws enacted in the United States, primarily in the late 19th and early 20th centuries, with the intent of restricting land ownership and leasing rights for non-citizens, particularly targeting Asian immigrants who were ineligible for citizenship, such as Chinese immigrants due to the Chinese Exclusion Act of 1882. The Alien Land Laws varied from state to state but generally prohibited non-citizens, or aliens, from owning or leasing land directly in their own names. In some cases, they also restricted the ability of non-citizen corporations in which aliens were major shareholders from owning land. These laws were often discriminatory and aimed to discourage Asian immigrants from establishing permanent roots and economic stability in the United States. The Alien Land Laws were part of a broader context of anti-immigrant sentiment and racism prevalent during that time period. They contributed to the marginalization and economic disadvantage faced by Asian immigrants, particularly those of Chinese, Japanese, and Filipino descent, who were significant contributors to the agricultural industry in states like California and Hawaii. Alien land laws were justified by politicians of the time as "national security" measures, yet they fueled economic hardship, violence, and discrimination against Asian immigrants. Over the decades, courts struck down or repealed most of these laws as unconstitutional, recognizing the equal protection rights of immigrant communities. However, similar patterns and justifications re-emerged with recent legislation, like Florida’s state law known as SB 264, echoing these historical discriminatory practices under new pretexts. References and Links Equal Justice Initiative: California Law Prohibits Asian Immigrants from Owning Land Immigration History: Alien Land Laws in California (1913 & 1920) Smithsonian Institution: A More Perfect Union - Japanese Americans and the U.S. Constitution Wikipedia: Alien Land Laws 2023/02/18 Racism.org: The End of California's Anti-Asian Alien Land Law: A Case Study in Reparations and Transitional Justice History of Alien Land Laws Add paragraph text. Click “Edit Text” to customize this theme across your site. You can update and reuse text themes. Timeline Contents Go Go Select Title

Newsletter - #298 US-China STA Renewed; Arkansas' Laws Halted; Andy Kim on Tolerance; Lisa Su; More #298 US-China STA Renewed; Arkansas' Laws Halted; Andy Kim on Tolerance; Lisa Su; More In This Issue #298 · US-China Science Technology Agreement Renewed · Arkansas' Foreign Ownership Restrictions Halted · Senator Andy Kim on Tolerance and Unity · Time CEO of The Year: Lisa Su · News and Activities for the Communities US-China Science Technology Agreement Renewed According to the Washington Post, Reuters, Nature, Science, NBC News, and other media reports, the United States and China renewed but narrowed a long-running science and technology agreement on December 13, 2024, marking continuity in their ties while also accounting for bilateral tensions that are likely to only grow under the incoming Trump administration. The previous agreement expired on August 27, 2024. The U.S.-China Science and Technology Cooperation Agreement, which was first signed in 1979 to enable basic research collaboration between the two countries, will be renewed for five years under altered terms that reflect the fraught reality of today’s U.S.-China relationship, according to statements from the U.S. and Chinese governments.The new version modifies the terms to account for the increased tensions between the two countries, including clarification of rules on data sharing and how to resolve disputes.With new guardrails around research security and transparency, as well as intellectual property protections, the agreement ensures that any federal science and technology cooperation with China “benefits the United States and minimizes risks to U.S. national security,” according to a State Department statement . “This Agreement does not facilitate the development of critical and emerging technologies.” The State Council of the People's Republic of China issued a statement on December 14. The extension of the Agreement Between the United States and China on Cooperation in Science and Technology is in line with the interests of the two peoples, and is what the international community hopes to see, Foreign Ministry spokesman Lin Jian said on December 16.Many scientists are pleased. “The new agreement is a very positive step,” says Deborah Seligsohn , a political scientist at Villanova University. “It’s a signal to U.S. scientists that their government still values a bilateral relationship with China, even one with more guardrails.” Li Tang , a science policy specialist at Fudan University, calls the latest version “a win-win-win for the U.S., China, and other nations that benefit from not having to take sides” in the growing economic and political competition between the two superpowers.The new agreement also covers the safety of individual scientists. According to State Department official, “We don’t want U.S. researchers involved in an innocuous project to be caught up in a situation where some overzealous official harasses them or detains them. We wanted to signal to Congress that we are aware of issues of arbitrary detention and exit bans in China.”Chinese observers think the concern for researcher safety should cut both ways. “Ensuring fairness and safety for Chinese researchers abroad is essential to re-establishing a stable framework for scientific exchange and joint research,” Tang says, citing the harmful effect on Chinese scientists of a campaign launched by the Trump administration to thwart Chinese economic espionage. 2024/12/16 China Daily : Sino-US sci-tech agreement extended 2024/12/14 NBC News: U.S. and China renew science and technology pact amid growing rivalry 2024/12/13 Washington Post : U.S. and China renew science agreement as officials brace for new tensions 2024/12/13 Reuters : Biden administration inks renewed science cooperation deal with China; Republicans cry foul 2024/12/13 Nature : US and China sign new science pact — but with severe restrictions 2024/12/13 Science : United States and China renew science pact despite rising tensions Arkansas' Foreign Ownership Laws Halted On December 11, 2024, the National Agricultural Law Center reported that a U.S. District Court in Arkansas issued a preliminary injunction in favor of Jones Eagle, LLC., or Qimin "Jimmy" Chen , a naturalized U.S. citizen who lives in New York. Chen controls the firm through Eagle Asset Holding Inc., which owns a majority stake in Jones Eagle. The ruling prevents the state from enforcing its foreign ownership laws against the plaintiff until further notice. This followed an earlier temporary restraining order (TRO) granted to Jones Eagle, which halted Arkansas’s enforcement of its foreign ownership laws for 14 days, expiring on December 9, 2024.In its 43-page ruling , the Court found that the Arkansas laws may conflict with federal law and constitutional protections. It rejected the state's motion to dismiss, affirming the lawsuit's jurisdiction and ripeness.The lawsuit, Jones Eagle LLC v. Ward ( 4:24-cv-00990) , was filed on November 13, 2024, in the U.S. District Court for the Eastern District of Arkansas. It challenges Arkansas Acts 636 (2023) and 174 (2024) as unconstitutional. The injunction was granted based on the likelihood that Jones Eagle would succeed on its claims, including arguments about preemption, equal protection, and due process violations. The case continues with a focus on constitutional and federal preemption issues.According to Arkansas Advocate , Jones Eagle filed suit against the state, Arkansas Secretary of Agriculture Wes Ward and Attorney General Tim Griffin . The suit claims the two laws violate the Fourteenth and Fifth Amendments to the U.S. Constitution by denying due process, illegally discriminating against a person based on national origin and depriving a person of just compensation for taking property. The plaintiff is represented by Kutak Rock LLP and Paul L. Hoffman, Director of Civil Rights Clinic, and Robert S. Chang, Executive Director of the Fred T. Korematsu Center for Law and Equality at University of California Irvine School of Law Act 636 , also known as Senate Bill 383, prohibits ownership of property in Arkansas by companies or individuals connected with the Chinese government and several other countries considered adversaries of the United States. It gives the state agriculture department authority to investigate allegations of such ownership and directs the attorney general to take action to force the divestiture of the property through judicial foreclosure. Act 174 , also known as Senate Bill 79, amended the law regulating digital asset mining operations, also known as data centers, and prohibits ownership by “foreign-party-controlled” interests connected to the same countries listed in Act 636.Read more about Senate Bill 383 and other state alien land bills at the Committee 100 tracker for the 2023 legislative session at https://bit.ly/4cqxFfg The Arkansas lawsuit was discussed briefly by Ashley Gorski , Senior Staff Attorney for ACLU, during the alien land laws webinar co-hosted by the Committee of 100 and APA Justice on December 11, 2024. In response to a question from the audience about who should be contacted by individuals impacted by state alien land laws, Gorski suggests that they may contact ACLU and her at agorski@aclu.org . Information about the about the webinar is located here: https://bit.ly/3CEWK9p . A video recording of the webinar is posted at https://www.youtube.com/user/committee100 Committee of 100 Alien Land Laws Tracker ( 2024 , 2023 )APA Justice: Alien Land Bills 2024/12/10 National Agricultural Law Center: Federal Judge Halts Enforcement of Arkansas' Foreign Ownership Restrictions 2024/12/09 Jones Eagle LLC v. Ward (4:24-cv-00990): Redacted Preliminary Injunction Order 2024/11/26 Arkansas Advocate : Arkansas laws targeting foreign ownership of land and data center put on hold Senator Andy Kim on Tolerance and Unity Newly-elected Senator Andy Kim made a poignant observation as he transitioned from the House to the Senate. Reflecting on the House chamber, he shared something that often goes unnoticed: the center aisle—the one the President walks down for the State of the Union, dividing the Republican and Democratic sides—ends at an inscription of the word "Tolerance." "Why 'tolerance'?" he asked.At first glance, tolerance might not seem particularly inspiring. The word can even sound negative, as in tolerating noise or bad behavior. That’s why political leaders often prefer terms like "unity." Why, then, isn’t "unity" inscribed in this central location? After all, the nation's motto, E Pluribus Unum (Out of Many, One), is inscribed on the Capitol Dome, a symbol of national identity.Senator Kim reflected that tolerance offers a unique path toward togetherness while still recognizing the challenges posed by differences. Unlike unity, which can sometimes suggest total agreement or harmony, tolerance acknowledges that differences exist—and that they always will. It does not suggest a melting pot where everyone is the same or a singular sense of what it means to be American. Instead, tolerance embraces the idea that our belief in freedom is more important than our discomfort with how others live their lives."Tolerance exists in the space between unity and disunity," he observed. It rejects the notion that we are enemies and instead fosters respect for one another despite our differences. Tolerance stands against separation and segregation, promoting coexistence over division. Importantly, tolerance is not a weakness. It does not mean compromising one’s values or ignoring hate. As President John F. Kennedy famously said, "Tolerance implies no lack of commitment to one's own beliefs. Rather, it condemns the oppression or persecution of others." Senator Kim acknowledged that building a society grounded in tolerance is not easy. "How do we forge a tolerance that flows in all directions?" he asked. "I don’t claim to have all the answers. But I do think there’s value in the concept and that it should be thought of with similar rigor as we do toward unity."In reframing tolerance as an active and essential value—not merely a fallback from unity—Senator Kim reclaimed the term from its often-dismissive connotations. While unity may inspire, tolerance is the framework that allows a diverse society to function. His remarks invite a deeper engagement with the idea of tolerance, not as an abstract principle, but as a call to action for coexistence and mutual respect. Time CEO of The Year: Lisa Su Lisa Su 蘇姿丰 , the CEO of AMD, was named Time 's 2024 CEO of the Year in recognition of her transformative leadership in the semiconductor industry. Under her guidance, AMD achieved a remarkable turnaround, evolving from a struggling company with stock prices at $3 per share in 2014 to a powerhouse trading at over $130 today. Su's strategic focus enabled AMD to surpass Intel in company value and expand its influence into gaming and artificial intelligence technologies. Time highlighted Su's hands-on leadership style, noting her weekend meetings, detailed review of technical documents, and direct involvement in evaluating prototype chips. Her work ethic and innovation have positioned AMD as a major competitor in the rapidly growing AI chip sector. Su has been lauded as a trailblazer, emphasizing the critical role of semiconductors in shaping the future of AI and other technologies.Su , 55, was born in Taiwan and received her BS, MS, and Ph.D. degrees from MIT. She is cousin of Jensen Huang 黃仁勳 , founder, president and chief executive officer of Nvidia. News and Activities for the Communities 1. APA Justice Community Calendar Upcoming Events: 2024/12/22 Rep. Gene Wu's Town Hall Meeting2025/01/05 Rep. Gene Wu's Town Hall Meeting2025/01/06 APA Justice Monthly Meeting2025/01/15 Master Class: Maintaining the Effectiveness of Organizational Equity Initiatives in the Current Environment2024/01/16 Master Classes: Asian American Career Lessons2025/01/19 Rep. Gene Wu's Town Hall Meeting2025/02/02 Rep. Gene Wu's Town Hall Meeting2025/02/13-15 2025 AAAS Annual Meeting2025/02/16 Rep. Gene Wu's Town Hall MeetingVisit https://bit.ly/3XD61qV for event details. 2. C100 Launches “Master Classes for Organizations: Managing Equity Initiatives” The Committee of 100 is launching a new program under the title of “Master Classes for Organizations: Managing Equity Initiatives” where it will feature experts who will conduct tutorials on various topics related to how organizations (corporate, non-profit, government) can more effectively manage their equity initiatives. Two classes will be held on January 15 and 16, 2025, respectively. This program is separate from the Master Classes for Individuals programs that focus on giving advice to Asian Americans as individuals who are dealing with career ceiling issues. WHAT : “Master Class: Maintaining the Effectiveness of Organizational Equity Initiatives in the Current Environment” WHEN: January 15, 2025, 6:00 - 7:00 pm Eastern Time WHERE : Online Webinar HOST: Committee of 100 Moderator : Peter Young , CEO, Young & Partners; Committee of 100 Speakers: · Joyce Chang , Global Head of Research for J.P. Morgan and Executive Sponsor for J.P. Morgan Chase’s network for employees of Asian heritage (AsPIRE) · Jenny R. Yang , Workplace Equal Opportunity Government Leader, Former Chair of the U.S. Equal Employment Opportunity Commission and Former White House, Domestic Policy Council as a Deputy Assistant to the President for Racial Justice and Equity REGISTRATION : https://bit.ly/4iMC1B8 ***** WHAT : "Master Classes: Asian American Career Lessons – Developing a Personal Brand” WHEN: January 16, 2025, 6:00 - 7:00 pm Eastern Time WHERE : Online Webinar HOST: Committee of 100 Moderator : Peter Young , CEO, Young & Partners; Committee of 100 Speaker: Jerry Won , CEO of Just Like Media REGISTRATION: https://bit.ly/4ge4gXI 3. SoCal man pleads guilty to hate crime against Asian woman According to AsAmNews and LA Times on December 12, 2024, a Southern California man punched an Asian American woman in the head and shouted slurs at her as she lay injured in the street. Now he has pleaded guilty to a federal hate crime.The victim, who is unnamed in the plea agreement, was walking to work in Culver City at 1 a.m. on June 14, 2021. Jesse Lindsey , 38, described as a homeless man who last lived in Fontana, approached the victim, whom he perceived to be Asian, prosecutors said."You can't say hi to a motherf— white boy?" he reportedly yelled, before punching the victim and knocking her down. According to prosecutors, Lindsey shouted, "You hear what I said?" and referred to the woman using the N-word. "I said good morning, b—." The victim received 11 stitches for her injuries after hitting her head on the street when she fell.He is scheduled to be sentenced in March, 2025. # # # 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 . We value your feedback about the new web page. Please send your comments to contact@apajustice.org . Back View PDF December 17, 2024 Previous Newsletter Next Newsletter