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- #158 Congressional Reception; 01/09 Meeting; Arrowood; Haoyang Yu; Thomas Keon; More News
Newsletter - #158 Congressional Reception; 01/09 Meeting; Arrowood; Haoyang Yu; Thomas Keon; More News #158 Congressional Reception; 01/09 Meeting; Arrowood; Haoyang Yu; Thomas Keon; More News In This Issue #158 Justice for Sherry Chen 陈霞芬 Congressional Reception 2023/01/09 APA Justice Monthly Meeting Update on the Arrowood Nomination The Intercept Report on The Case of Haoyang Yu 于浩洋 Purdue University Northwest Chancellor Thomas Keon Asian American and Scientific Community News Justice for Sherry Chen 陈霞芬 Congressional Reception On December 13, 2022, "Justice for Sherry Chen Congressional Reception" was held on Capitol Hill in honor of her historic settlement and in appreciation for the many elected officials, community organizations and leaders, and grass-roots individuals who supported her 10-year fight for justice. Congressional Asian Pacific American Caucus (CAPAC) Chair Judy Chu and Whip Ted Lieu led the opening remarks. They also led the first Capitol Hill press conference on Sherry's case going back to May 2015. During the 10-year span, Sherry courageously stood her ground and won three judicial battles - having her unjust criminal case dropped by the Department of Justice (DOJ) in 2015, winning the appeal to reverse the discriminatory termination of her employment against the Department of Commerce (DOC) in 2018, and settling the lawsuit against DOJ and DOC with a historic amount of over $1.5 million in 2022. In addition to CAPAC, Sherry was helped by the leadership of Maryland State Senator Susan Lee who mobilized the Asian American and scientific communities nationwide in successfully calling for a congressional hearing on racial profiling and the plight of Asian American scientists. Sherry gave a compelling testimony in the 2021 Congressional Roundtable titled “Researching while Chinese American: Ethnic Profiling, Chinese American Scientists and a New American Brain Drain” chaired by Rep. Jamie Raskin of the House Subcommittee on Civil Rights and Civil Liberties and joined by CAPAC. The YouTube video of the Roundtable has received more than 14,000 views. Sherry was also helped by an investigation led by Senator Roger Wicker which revealed abuse and misconduct at multiple levels of the DOC stemming from the rogue Investigations and Threat Management Service, including the profiling of DOC Asian American employees for as many as 15 years. Dozens of participants came from as far as California and across the U.S. to join the event. More descriptions and photos about the reception are being added to the APA Justice webpage on Sherry Chen at: http://bit.ly/APAJ_Sherry_Chen The LinkedIn post of MIT Technology Review report on Sherry Chen and her historic settlement has received over 48,000 views so far: http://bit.ly/3GZCOxQ Watch the Chinese-language report by Voice of America on the 2015 Capitol Hill press conference (美议员怀疑陈霞芬间谍案有族裔因素) here: https://youtu.be/CBsEx-A_yUw (video 2:43) 01/09/2023 APA Justice Monthly Meeting The next APA Justice monthly meeting will be held on Monday, January 9, 2023. Invited speakers to help us bring in the new year are: Judy Chu, Chair, Congressional Asian Pacific American (Invited) Sherry Chen, Hydrologist, U.S. Department of Commerce (Confirmed) Haipei Shue, President, United Chinese Americans (Invited) Vincent Wang, Chair, Ohio Chinese American Association; Co-organizer, APA Justice (Confirmed) Patrick Toomey, Deputy Director, and Ashley Gorski, Senior Staff Attorney, ACLU (Invited) John Trasvina, Civil Rights Attorney; Former Principal Legal Advisor, Department of Homeland Security; Former Dean of the University of San Francisco School of Law (Confirmed) John Yang, President and Executive Director, Asian Americans Advancing Justice | AAJC The virtual monthly meeting is by invitation only. If you wish to join, either one time or for future meetings, please contact one of the co-organizers of APA Justice - Steven Pei, Vincent Wang, and Jeremy Wu - or send a message to contact@apajustice.org . Read past monthly meeting summaries here: https://bit.ly/3kxkqxP . Update on the Arrowood Nomination The 117th Congress ended on January 3, 2023, without action by the Senate on the nomination of Mr. Casey Arrowood to become the U.S. Attorney for the Eastern District of Tennessee.We are grateful to the Senate Judiciary Committee senators and staff who heard concerns from Asian Americans in Tennessee and throughout the nation about Mr. Arrowood's record carrying out the “China Initiative” and unjustly prosecuting University of Tennessee Knoxville (UTK) Professor Anming Hu 胡安明. Throughout 2022, we expressed our serious concerns to Congress and the White House about Department of Justice attorneys refiling charges that the trial judge concluded "no rational jury" would convict.The Biden Administration has the option to renominate Mr. Arrowood in the 118th Congress, an action the Asian American community will continue to steadfastly oppose.The White House has three additional options instead of renominating Mr. Arrowood for the position of U.S. Attorney: Nominate the current U.S. Attorney Francis (Trey) Hamilton, III for the position Do not nominate anyone for the position and permit Mr. Hamilton to remain in office Restart the entire process and nominate someone other than Mr. Hamilton or Mr. Arrowood The Arrowood nomination was unacceptable and remains unacceptable because of his involvement in the conduct of the investigation of Professor Hu, bringing the faulty charges, and intending to refile the charges that prompted Judge Varlan to issue an acquittal. According to the following chronological records, Mr. Hamilton is the current U.S. Attorney who was appointed by the U.S. District Court of Eastern Tennessee, not the White House. Mr. Hamilton will serve in this capacity until the vacancy is filled by a Presidentially-appointed, Senate-confirmed nominee. In his role of Acting U.S. Attorney at that time, Mr. Hamilton might have an even larger role than Mr. Arrowood in the decision to approve or direct the prosecutorial actions against Professor Hu. For example, Mr. Hamilton reportedly joined the presentation by the Federal Bureau of Investigations (FBI) to UTK with Mr. Arrowood in September 2019, in which the FBI made false accusations of Professor Hu of being a spy for China and an agent of China's military. 2017/11/21 Mr. James Douglas Overbey sworn in as US Attorney for the Eastern District of Tennessee2018/11/01 Department of Justice (DOJ) launched the now-defunct "China Initiative"2020/02/25 Professor Anming Hu indicted with Mr. Casey Arrowood as the lead prosecutor2021/01/20 The Joe Biden administration began2021/02/28 Mr. Overbey resigned2021/03/01 Mr. Trey Hamilton became Acting US Attorney 2021/06/07 Professor Hu became the first academic to go to trial under the "China Initiative"2021/06/16 Mistrial of Professor Hu declared2021/06/17 Reps. Ted Lieu, Mondaire Jones, and Pramila Jayapal requested DOJ/OIG investigation2021/07/30 DOJ announced its intent to retry Professor Hu2021/09/09 Professor Hu acquitted of all charges2021/12/26 Mr. Hamilton appointed US Attorney by the U.S. District Court of Eastern Tennessee2022/02/23 DOJ ended the “China Initiative”2022/08/01 White House nominated Mr. Arrowood to be US Attorney2023/01/03 The Arrowood nomination expired without action by the Senate The Intercept Report on The Case of Haoyang Yu 于浩洋 On December 22, 2022, The Intercept published "CHIPPED AWAY: A Competitor Put the FBI on Haoyang Yu's Trail. The Investigation Didn't Go as Planned." According to the report, Massachusetts engineer Haoyang Yu, who came under investigation after a competitor told the FBI that his semiconductor chip company "smells a bit fishy." A sprawling, four-agency federal investigation ensued. Believing they had a sensitive technology case involving China, where Yu was born, agents mounted a hidden camera outside his home, rifled through his trash, and followed his wife as she brought their kids to and from sports practice. But the investigation didn't go as planned. An attempted sting failed. Nor did the investigation uncover solid evidence of crimes involving China. In June, a jury acquitted Yu of 18 of 19 charges. His lawyers are now asking a federal judge to throw out the last charge, arguing that Yu, a US citizen, was targeted because of his ethnicity at a moment when the Justice Department was charting plans for the fraught "China Initiative."Read more about The Intercept report: https://bit.ly/3vc59dh . Read more about the story of Haoyang Yu: https://bit.ly/APAJ_HaoyangYu Purdue University Northwest Chancellor Thomas Keon According to CNN on December 23, 2022, the Purdue Board of Trustees issued a formal reprimand to Purdue University Northwest (PNW) Chancellor Thomas Keon in response to a racist comment he made during a commencement ceremony on December 10, 2022. The board’s chair, Mike Berghoff, called Keon’s statements “extremely offensive and insensitive.” The decision to reprimand Keon, rather than dismiss him, has spurred criticism from other faculty. In an open letter addressed to the trustees, PNW Faculty Senate Chairman Thomas Roach further called on the university to dismiss the chancellor. “We are not demanding his removal to punish him, we require his removal because he is not qualified to represent us,” wrote Roach. He called Keon’s ongoing role “an insult to the Asian community.” “This decision by the board of trustees is negligent and unacceptable, and your explanation for your inaction insults our intelligence,” he went on. The PNW Faculty Senate cast a vote of no-confidence for the chancellor. Keon received 20 votes of confidence and 135 votes of no-confidence. His “inexcusable behavior caused national and international outrage” and insulted the Asian American and Pacific Islander community, including faculty, staff, and students at Purdue Northwest, the Faculty Senate said in an open letter sent to Keon. On December 16, 2022, the PNW chapter of the American Association of University Professors (AAUP) condemned Chancellor Keon's remarks in a press release. According to the statement, Chancellor Keon's response "suggests, at best, a highly troublesome level of ignorance, insensitivity, and lack of judgement on his part. But it is more than any personal racism by one particular university official; it suggests the all-but-complete ignorance of the institutionalized racism faced by Asians and other peoples of color in this country." The statement concludes that " the time has come for Chancellor Keon to resign, or else to be removed by the Purdue University Board of Trustees, so that a leader better attuned to what it takes to engage multiple constituencies with respect–not ridicule–can be found." According to an opinion by Diverse Education , PNW Chancellor Keon's mockery of an "Asian" language is "emblematic of a wider problem in American higher education." Multiple Asian American organizations are outraged and continue to call for Keon's resignation, including the Japanese American Citizens League and an open letter demanding accountability from Purdue University: https://bit.ly/3vtyjVG . Asian American and Scientific Community News and Activities Science Calls for Appointment of NIH Director Now. On December 16, 2022, Science published an editorial titled "Appoint a new NIH director, now." There has been a failure to confirm a new director of the National Institutes of Health (NIH) since Francis Collins stepped down a year ago. According to the editorial, Lawrence Tabak has been the interim NIH director, but it is time for some new faces after the lengthy Collins administration. Tabak was an NIH deputy director and the deputy ethics counselor under Collins. It’s unclear who or what is holding up the nomination. Is the White House simply incapable of deciding whom to nominate, or more likely, has it been distracted by other matters? Either is possible, but both are indefensible. The editorial concludes that "[t]he Biden campaign leveraged the support of the scientific community to win the presidency. Leaving the most visible science position open for a year is a betrayal of that support. President Biden must personally intervene to correct this now." APA Justice nominated Dr. David D. Ho 何大一 to the White House as a candidate to become the 17th NIH Director in November 2021. Read more about the Science editorial: https://bit.ly/3VgpHMh Stanford Center on China’s Economy and Institutions (SCCEI). On December 1, 2022, SCCEI published a brief on "What Is the Impact of U.S.-China Tensions on U.S. Science?" revealing that the National Institutes of Health (NIH) investigations into hundreds of U.S. scientists in two years (2019-2020) have brought about a 1.9% decline in the publication rate and a 7.1% decline in the citation rate of U.S. scientists with collaborators in China, compared with U.S. scientists who had collaborated with scientists in other countries. The adverse effects of the investigations were observed across many U.S. institutions of higher education, particularly salient for scientists of Asian heritage, fields that receive more funding from the NIH, and fields with a higher concentration of U.S.-China collaborations. In fields more affected by the NIH investigations, the U.S. and China both produced fewer publications during 2019 and 2020 compared to the rest of the world, suggesting that U.S.-China political tensions affect overall scientific progress. Qualitative interviews with 12 scientists suggest that a reluctance to start or continue collaborations with China partners and the resulting loss in research talent and access to labs and equipment may drive longer-term declines in publication quality and quality. The study was based on publication records of 102,000 medical and life scientists in the U.S. between 2010 and 2020. On December 9, 2022, the Center for Strategic & International Studies (CSIS) hosted a webinar where SCCEI authors presented their methodology and findings of the study. Read more about the SCCEI study at https://stanford.io/3YWoLje . Watch the CSIS video and dsicussions here: https://bit.ly/3hSZdTJ 2,200 Chinese Exclusion Act Case Files Digitized and Now Online . Initially set to ban immigration of Chinese laborers to the United States for ten years, the Chinese Exclusions Act was extended and expanded to all Chinese persons and became permanent law in 1902. It was repealed in 1943. Under the leadership of the Congressional Asian Pacific American Caucus (CAPAC), Congress condemned the discriminatory laws in 2012. According to Federal News Network on December 27, 2022, more than 2,200 Chinese Exclusion Act case files held by the National Archives at Riverside, California, are now available online in the National Archives Catalog, thanks to a collaboration with the Chinese Historical Society of Southern California. The project began in 2018. Professors and students from California State University, San Bernardino, and the University of California at Riverside joined the team. National Archives at Riverside staff trained the student interns, who digitized 56,507 documents using donated scanners. These records document the movement of Chinese immigrants and Chinese Americans in and out of the United States during the exclusion era. Around 10 percent of Riverside’s Chinese Exclusion Act case files have been digitized. 692 citizen archivists have transcribed over 25,000 pages of the records so far. Read more at https://bit.ly/3I2iMn7 Subscribe to The APA Justice Newsletter Complete this simple form at https://bit.ly/2FJunJM to subscribe. Please share it with those who wish to be informed and join the fight. View past newsletters here: https://bit.ly/APAJ_Newsletters . Back View PDF January 3, 2023 Previous Newsletter Next Newsletter
- #136 New Legislations; Update and Town Hall on Anti-Asian Hate Crimes; NIH Dialogue; More
Newsletter - #136 New Legislations; Update and Town Hall on Anti-Asian Hate Crimes; NIH Dialogue; More #136 New Legislations; Update and Town Hall on Anti-Asian Hate Crimes; NIH Dialogue; More Back View PDF August 11, 2022 Previous Newsletter Next Newsletter
- #211 10/2 Meeting; Florida SB264 Town Hall; Angwang NYPD Hearing; Wing Luke Hate Incident
Newsletter - #211 10/2 Meeting; Florida SB264 Town Hall; Angwang NYPD Hearing; Wing Luke Hate Incident #211 10/2 Meeting; Florida SB264 Town Hall; Angwang NYPD Hearing; Wing Luke Hate Incident In This Issue #211 2023/10/02 APA Justice Monthly Meeting FAAJA Hosts Town Hall Meeting on Senate Bill 264 and Its Impact Administrative Hearing of NYPD Officer Angwang 昂旺 Wing Luke Museum in Seattle Damaged in Hate Incident News and Activities for the Communities 2023/10/02 APA Justice Monthly Meeting The next APA Justice monthly meeting will be held via Zoom on Monday, October 2, 2023, starting at 1:55 pm ET.In addition to updates by Nisha Ramachandran , Executive Director, Congressional Asian Pacific American Caucus (CAPAC); Joanna Derman , Director, Advancing Justice | AAJC; Gisela Perez Kusakawa , Executive Director, Asian American Scholar Forum (AASF), and Clay Zhu 朱可亮 , Partner, DeHeng Law Offices 德恒律师事务所, confirmed and invited speakers include: Tammy Duckworth (invited), US Senator of Illinois, on issues of import to the Asian American communities, people of Illinois, and the nation Nancy Chen (confirmed), Founding President, Chinese American Women in Action (CAWA) on the history of CAWA and its interests and concerns in Illinois and national issues Andy Wong (confirmed), Managing Director of Advocacy, Chinese for Affirmative Action, on the coalition letter on Section 702 reforms, responses, and related CAA activities such as the recently launched "Stop The Blame" campaign The virtual monthly meeting is by invitation only. If you wish to join, either one time or for future meetings, please contact one of the co-organizers of APA Justice - Steven Pei 白先慎 , Vincent Wang 王文奎 , and Jeremy Wu 胡善庆 - or send a message to contact@apajustice.org NOTE: A shutdown of the federal government happens when Congress fails to pass some type of funding legislation that is signed into law by the president. Current funding expires on September 30, 2023. While some government entities will be exempt, other functions will be severely curtailed. FAAJA Hosts Town Hall Meeting on Senate Bill 264 and Its Impact Florida Asian American Justice Alliance (FAAJA) will host an unprecedented virtual town hall meeting with Florida state legislators on the current status of the discriminatory Senate Bill 264 (SB264) and its actual impact on the Chinese community. The meeting will focus on Section 7 of SB264 which talks about both the Chinese government and Chinese people living in Florida who want to buy a home. The town hall meeting will be held on September 26, 2023, starting at 5:00 pm ET. For more information to attend the town hall meeting, visit the APA Justice Community Calendar at https://bit.ly/45KGyga Administrative Hearing of NYPD Officer Angwang 昂旺 According to USChinaPress.com 侨报网 , community activists are urged to attend the administrative hearing of New York Police Department (NYPD) Officer Angwang 昂旺 , which will be held at the NYPD headquarters, 4th floor, Departmental Trial Room A, 1 Police Plaza, New York NY on September 26, 10 am ET. 社区人士呼吁民众26日早上10点前往曼哈顿警察总局参加旁听警局行政庭审,支持华裔藏族警官昂旺。Read the case of Officer Angwang: https://bit.ly/3RIqXId . Read the USChinaPress.com 侨报网 report: https://bit.ly/3ruZqBd (in Chinese) Wing Luke Museum in Seattle Damaged in Hate Incident According to the Seattle Times , Craig Milne , 76, was charged on September 18, 2023, with a hate crime after he used a sledgehammer to smash about 10 windows of the Wing Luke Museum in Seattle, as dozens of patrons inside were touring an exhibit. Milne, who is white, also was charged with first-degree malicious mischief for causing more than $100,000 worth of property damage. After smashing the windows, Milne remained outside the building, and was heard saying he had come to the Chinatown International District to cause damage and that “the Chinese ruined my life,” according to witnesses. Almost an hour later, when Seattle Police Department officers arrived and arrested Milne, he “continued making racially biased statements and expressed no remorse,” the charging documents stated, with Milne telling officers, “The Chinese have tortured and tormented me for 14 years. I don’t regret anything I did here.”This is not the first time Milne has been accused of a hate crime. In October 2013, Milne was arrested for allegedly attacking and repeatedly punching an Asian man in the locker room at the Spartan Recreation Center in Shoreline.According to the museum website , the museum is named after Wing Chong Luke 陆荣昌 , who was the first person of color elected to the Seattle City Council and the first Asian American elected to public office in the Pacific Northwest. Luke served as an assistant attorney general of Washington for the state civil rights division from 1957 to 1962. He was a member of the Seattle City Council from 1962 until his death in 1965 in a plane crash. Read the Seattle Times report: https://bit.ly/48xeTBh News and Activities for the Communities 1. Community Calendar The APA Justice Community Calendar is located on the front page of the APA Justice website at https://www.apajustice.org/ . Upcoming Events: 2023/09/25-27 AAUC National Unity Summit 2023/09/26 NYPD Trial of Officer Baimadajie Angwang 昂旺 2023/09/26 FAAJA Town Hall Meeting on SB264 and Its Impact 2023/09/27 1990 Institute: Teaching Asian American Narratives through Literature 2023/09/27 U.S.-China Climate Cooperation Organizing Webinar Visit https://bit.ly/45KGyga for event details. 2. Meeting of Consortium of Global Hakka Studies According to Wikipedia, the Hakka (客家) is a Chinese subgroup. Unlike other Chinese subgroups, the Hakkas are not named after a geographical region, e.g. a province, county or city, in China. The word Hakka or "guest families" is Cantonese in origin and refers to the Northern Chinese migrants fleeing social unrest, upheaval and invasions in northern parts of China since the fourth century AD. Worldwide population of Hakka is estimated to be in the tens of millions. Read the Wikipedia description of Hakka people worldwide: https://bit.ly/3Pvmec2 According to Hakka News , The Consortium of Global Hakka Studies (GHAS) functions as an academic platform of dialogue and communication for international Hakka and ethnic studies. On September 22-23, 2023, GHAS hosted the World Hakka Research Conference with the theme of "Hakka's Local and Global Diversity" in Taoyuan City. Taiwan. The conference featured reports on the Hakka people in Central and South American and the Caribbean Sea. Paula Madison 罗笑娜 , retired NBCUniversal executive whose family moved from Jamaica to the U.S., told her story about finding her maternal grandfather in China and the documentary "Finding Samuel Lowe : From Harlem to China" )《尋找 羅定朝 :從哈林區到中國》. Read the Hakka News report: https://bit.ly/3RFFEOd (in Chinese) Back View PDF September 26, 2023 Previous Newsletter Next Newsletter
- #189: Registrations Open! Xiaoxing Xi; Hoover: A Fresh Start From What? Alien Land Bills; More
Newsletter - #189: Registrations Open! Xiaoxing Xi; Hoover: A Fresh Start From What? Alien Land Bills; More #189: Registrations Open! Xiaoxing Xi; Hoover: A Fresh Start From What? Alien Land Bills; More In This Issue #189 Register Now: June 26 Webinar on Stop Warrantless Surveillance Register Now: July 6 President's Advisory Commission on AAPI Public Meeting Eight Years After False Accusation, Xiaoxing Xi Can Sue FBI Hoover Institution Webinar: A Fresh Start from What? Latest on Discriminatory Alien Land Bills News and Activities for the Communities Register Now: June 26 Webinar on Stop Warrantless Surveillance The Asian American Scholar Forum (AASF), the American Civil Liberties Union (ACLU), APA Justice, the Brennan Center for Justice, and the Committee of 100 will co-host a webinar on "Stop Warrantless Surveillance: The Danger of Reauthorizing Section 702 of FISA". WHEN: June 26, 2023, 4:00 pm ET/1:00 pm PT WHAT: The U.S. Constitution protects its people against unreasonable searches and seizures. However, under Section 702 of the Foreign Intelligence Surveillance Act (FISA), the U.S. government engages in mass, warrantless surveillance of phone calls, text messages, emails, and other electronic communications between Americans and foreigners. Information collected under this law without a warrant can be used to prosecute and imprison people, even for crimes that have nothing to do with national security. Asian Americans, especially Chinese Americans and the immigrant and scientific communities, have been targeted for warrantless surveillance that led to wrongful and unjust prosecutions. They include Temple University Professor Xiaoxing Xi 郗小星 and possibly New York Police Department Officer Baimadajie Angwang 昂旺 . The current authorization of Section 702 will expire on December 31, 2023. What should the Asian American and immigrant communities know about Section 702? If it is not sunset, what reforms will be needed? What are the next steps for the communities? WHO: Keynote speaker. Rep. Pramila Jayapal , the first South Asian American woman elected to the U.S. House of Representatives; a member of the House Judiciary Committee; Ranking Member of House Subcommittee on Immigration, Integrity, Security and Enforcement Panelist. Gang Chen 陈刚 . Soderberg Professor of Power Engineering, MIT; Member, National Academy of Sciences; prosecuted under "China Initiative" with case dismissed; "We Are All Gang Chen" Panelist. Elizabeth Goitein. Senior Director, Liberty and National Security Program, Brennan Center for Justice Panelist. Ashley Gorski . Senior Staff Attorney, National Security Project, American Civil Liberties Union Panelist. Brian A. Sun 孙自华 . Partner, Norton Rose Fulbright; Board Member, Committee of 100 Moderator. Lillian Sing 郭丽莲 . Judge (retired), California Superior Court; first Asian American woman judge in Northern California REGISTRATION: https://bit.ly/42AbNIF 1. Cato Institute Policy Forum on Section 702 of FISA According to a Cato Institute online policy forum on June 6, 2023, Section 702 of the Foreign Intelligence Surveillance Act (FISA) will expire on New Year’s Eve 2023 absent congressional action to renew it. This controversial surveillance power was enacted in 2008 following over two years of debate in Congress after its secret, illegal predecessor— the National Security Agency’s Stellar Wind mass electronic surveillance program—was exposed by the New York Times in December 2005. Since that time, Section 702 has been renewed twice—once under President Obama and again under President Trump . And it has been renewed despite repeated, serious violations of the law by the FBI via so‐called “back door” searches—literally millions of Section 702 database queries by FBI personnel for information on U.S. persons not necessarily wanted for a crime. 2. Washington Post Report on Section 702 of FISA According to the Washington Post on June 13, 2023, Congress will not renew powerful, expiring surveillance authorities without substantial changes to shield Americans from warrantless eavesdropping, senators in both parties warned Biden administration officials in a Senate Judiciary Committee on June 13, 2023. “I will only support the reauthorization of Section 702 if there are significant, significant reforms,” said Senate Judiciary Chairman Richard J. Durbin (D-Ill.). “And that means first and foremost, addressing the warrantless surveillance of Americans in violation of the Fourth Amendment. Moreover, the reforms must also include safeguards to prevent future abuses and ensure effective oversight by Congress and the courts.” The top Republican on the committee, Lindsey O. Graham (S.C.), said that in the United States broadly, “there’s a warrant requirement to investigate an American citizen for wrongdoing. And we don’t want this to be used to get around that requirement. So bottom line is, let’s reauthorize this program and build in some safeguards.” “Why should we ever trust the FBI and DOJ again to police themselves under FISA when they’ve shown us repeatedly over more than a decade that they cannot be trusted to do so?” Sen. Mike Lee (R-Utah) said. Register Now: July 6 President's Advisory Commission on AANHPI Public Meeting The President's Advisory Commission on Asian American, Native Hawaiian and Pacific Islanders (AANHPI) will hold its next meeting, the sixth of a series, on July 6, 2023 in Honolulu, Hawaii. The meeting serves to continue the development of recommendations to promote equity, justice, and opportunity for the AANHPI communities. It is open to the public and will be live streamed. The Commission seeks written comments that may be emailed to AANHPICommission@hhs.gov at any time. Individuals may also submit a request to provide oral public comments.For details, directions, and registration, visit: https://bit.ly/3NqpQMB Dr . Robert Underwood , a Commissioner, Former Chair of the Congressional Asian Pacific American Caucus (CAPAC), and President Emeritus of the University of Guam, described the role and purpose of the Commission and his experiences with racial profiling as CAPAC Chair and President of University of Guam at the April APA Justice monthly meeting. Robert reminded us that the Commission is the vehicle through which all of us can participate and make our input known to the President. The Commission has committees to address various topics, but social justice issues such as racial profiling, discriminatory alien land laws, warrantless surveillance, and open science are not on the radar screen of the Commission. APA Justice encourages organizations and individuals to write to the Commission and speak at the public hearing on July 6. Robert also urges all of us to feel free to communicate with him directly at anacletus2010@gmail.com .The current Commission will expire later this year. An executive order will be needed to continue the work of the Commission, which unlike other similar commissions, does not have a permanent staff.Read Robert's remarks: https://bit.ly/3qogBU1 . Watch his remarks at: https://www.youtube.com/watch?v=YnIrq1hfl4A (video 11:48 to 25:21) Eight Years After False Accusation, Xiaoxing Xi Can Sue FBI According to the Washington Post on June 6, 2023, Xiaoxing Xi 郗小星 earned his PhD in Beijing, but he built his career in the United States. He arrived in the country in 1989 and worked at several colleges in New Jersey, Maryland and Pennsylvania before arriving at Temple University. By 2015, the physics professor was a respected expert in a cutting-edge field and, as interim head of the physics department, was on the cusp of a big promotion.So he was stunned to find a team of FBI agents at his Philadelphia home on an early morning in May that year. They arrested him in his pajamas at gunpoint as his family looked on in alarm. “I opened my door,” Xi recalled in an interview. “I realized all my life, everything I have done, is gone.” The Justice Department alleged Xi, a physicist and a naturalized U.S. citizen, had delivered confidential technology to China “to assist Chinese entities in becoming world leaders” in the field — an accusation that essentially cast him as a “technological spy.” He was interrogated and strip-searched. But the case ended in farce four months later after experts asserted that the government had misunderstood the science behind Xi’s work.Xi’s case was dismissed in September of that year, but he said the accusations cost him a senior position in Temple University’s physics department and cast a pall over his research and his family’s life.In 2017, Xi sued the U.S. government and leaders of the FBI, Justice Department and National Security Agency for what he alleged to be a willfully negligent prosecution clouded by bias over his Chinese ethnicity. But it languished for years and was later dismissed in federal court. Xi appealed the ruling in 2021.His lawsuit can now proceed, an appeals court ruled late last month, allowing Xi to continue his longtime quest to tell of his experience in court and join several other researchers of Chinese descent who have faced similar accusations.Xi’s lawsuit also alleged that investigators used powerful surveillance techniques to tap the professor’s phone and email communications without a proper warrant under Section 702 of FISA . As Xi’s appeal was pending, several other scientists of Chinese descent across the United States navigated parallel challenges. MIT Professor Gang Chen 陈刚 had similar charges against him dropped in January 2022 — and later that year made a major discovery in semiconductor research. Sherry Chen 陈霞芬 , a former hydrologist at the National Weather Service, won over $1.5 million from the government in November after challenging a 2014 Commerce Department investigation that accused her of espionage.On May 24, 2023, the 3rd Circuit Court of Appeals ruled that Xi’s case had been wrongly dismissed. The case will return to district court around August.“Now we’ll put the government under oath to explain what they did,” Xi said.Read the Washington Post report: https://wapo.st/42r0sdP Professor Xi was interviewed by Sharyl Attkisson in Full Measure on June 4, 2023. Read the transcript and watch the video at https://bit.ly/3P6hCdJ (video 5:13). Hoover Institution Webinar: A Fresh Start from What? According to the Stanford Daily on June 8, 2023, the Hoover Institution hosted a discussion on the importance of promoting a sense of belonging for Chinese-Americans. The panel, titled “A Fresh Start: Safeguarding People, Rights, and Research Amid US-China Competition” brought attention to the worries Chinese academics have over being profiled for espionage or fraud-related charges regarding possible affiliations with China’s government. Larry Diamond , a senior fellow at the Hoover Institution, moderated the panel with Gisela Perez Kusukawa , founding executive director of the Asian American Scholar Forum, Ambassador Gary Locke , former U.S. Ambassador to China (2011-2014), and Glenn Tiffert , research fellow at the Hoover Institution. Locke, who is also the chair of the non-profit Committee of 100 (C100), opened the event by acknowledging the rivalry between the two nations across various industries. He highlighted the “need to understand that our dispute and contention with Beijing is with the government of China and not the people of China, and certainly not Chinese Americans.” Locke said [they] believe the contributions of Chinese Americans often go unnoticed, a further reflection of the invisibilizing of Asian Americans.Kusukawa added that the treatment of Chinese-American academics is part of a broader historical pattern of anti-Asian rhetoric in America, resulting in the scapegoating of Asian Americans when the U.S. experiences tensions with an Asian country. “Since 1985, it has been U.S. policy that basic and applied research in science and engineering is basically unrestricted by the government,” Locke said. Much of the racial profiling Locke referred to can be seen in the "China Initiative" that was launched by the Department of Justice, according to Kusakawa. The initiative was intended to “protect US laboratories and businesses from espionage,” but many academics and civil liberties groups claimed that the program was biased against researchers of Chinese descent. Chinese-American scholars and scientists were falsely implicated during the Trump-era initiative, reporting disastrous effects on their personal livelihoods because of the profiling. The initiative was terminated in February of last year after outcry was raised over how the initiative’s rhetoric further encouraged Sinophobic sentiment. If we are to recognize the existing anti-Asian bias in America, “we need to start thinking [about] what are the due processes in place to protect Asian-Americans” Kusakawa said.Kusakawa acknowledged the difficulties a university or faculty member faces when critiquing or challenging policies that reflect a power imbalance between federal agencies and those in academia. She encouraged making the process of filing a complaint or reporting racial bias a less intimidating experience and focusing on creating a better environment for foreign scholars. “If we change how we approach research, are we genuinely going to become more competitive?” Kusakawa said. “We don’t think that Asian-Americans and Chinese-Americans and immigrants should continue to be collateral damage as we try to fix our policies in our country in addressing U.S. China relationships.” The webinar neglected to mention a Hoover Institution report that was issued alongside the launch of the "China Initiative" in November 2018. After appeals and protests by many Asian Americans organizations and individuals including C100 members, one noticeable change was made to replace the word "Chinese" by "China's" in the original title of the report "Chinese Influence and American Interests." Chapter 3 of the 2018 report (pages 39-50) covered "The Chinese American Community." On C100, the 2018 report (page 226) said "The Chinese embassy also targets prominent Chinese Americans through the Committee of 100, an organization of the most elite Chinese Americans in the United States. Committee members report significant pressure from the Chinese consulate on committee members to toe the Party line. Some prominent committee members are openly sympathetic to the goals of the Chinese Communist Party. One of them is ..." The following question was raised online during the June 6 webinar but not addressed by the moderator and speakers: "Does the Hoover Institution have any regret in publishing its report titled China's Influence and American Interest, which coincide[d] with the launch of the "China Initiative" in 2018, promoting the report heavily with Congress and media, and causing irreparable damage to many Chinese Americans and Asian Americans and eroding the civil rights and civil liberties for the communities? Otherwise, what are we restarting from?"On June 14, 2023, Larry Diamond replied: "We are not going to apologize for producing the report. It was a necessary and valid call to action in countering PRC malign influence activities in the United States and other democracies. We called for a balanced approach of 'constructive vigilance.' "We believe that as a democracy, we can and must defend both the integrity of our institutions and the rights and dignity of an important segment of American society. "We have always agreed that it is unacceptable to make unsubstantiated charges against people of Chinese ethnicity or fan generalized suspicions about a vital part of the American national mosaic. You may recall that the 2018 report you reference declared: 'we must guard against having this report used unfairly to cast aspersions on Chinese, whether Chinese American immigrants who have become (or are becoming) United States citizens, Chinese students, Chinese businesspeople, or other kinds of Chinese visitors, whose contributions to America’s progress over the past century have been enormous.' (p. 219) "We are not government officials and are not responsible for excesses or lack of balance and care in US government conduct. Likewise, we are not responsible for excesses or lack of balance and care in the wider public discussion and are disheartened by it. Our June 6th event with the Committee of 100 and the Asian American Scholar Forum aimed to model a more responsible approach. "Dialogue with the AAPI community is integral to the work that we do, and we remain committed to it."When fuel is put on fire, it cannot be just the responsibility of those who started the fire. There was one dissenter among the group of "China policy specialists" in the 2018 Hoover report. University of California San Diego Professor Susan Shirk wrote (page 217) at that time:"Although I have no problem with the factual research that has gone into specific chapters of the report, I respectfully dissent from what I see as the report’s overall inflated assessment of the current threat of Chinese influence seeking on the United States. The report discusses a very broad range of Chinese activities, only some of which constitute coercive, covert, or corrupt interference in American society and none of which actually undermines our democratic political institutions. Not distinguishing the legitimate from the illegitimate activities detracts from the credibility of the report. The cumulative effect of this expansive inventory that blurs together legitimate with illegitimate activities is to overstate the threat that China today poses to the American way of life. Especially during this moment in American political history, overstating the threat of subversion from China risks causing overreactions reminiscent of the Cold War with the Soviet Union, including an anti-Chinese version of the Red Scare that would put all ethnic Chinese under a cloud of suspicion. Right now, I believe the harm we could cause our society by our own overreactions actually is greater than that caused by Chinese influence seeking. That is why I feel I must dissent from the overall threat assessment of the report." Latest on Discriminatory Alien Land Bills 1. APA Justice Updates Its Tracking of State Alien Land Bills and Laws APA Justice updated its tracking map and table on June 8, 2023: https://bit.ly/43oJ0YI .According to LegiScan, Governor Kevin Stitt signed Oklahoma Senate Bill 212 into state law on June 6, 2023. This was also reported by KFOR-News4 on June 7, 2023. The bill will stop non-U.S. citizens including legal residents from buying land in Oklahoma. It becomes effective on November 1, 2023. 2. Louisiana House Bill 537 and Tulane University Statement According to LegiScan, the Louisiana House passed House Bill 537 by a vote of 73-26 on June 6, 2023. The bill was sent to Governor John Bel Edwards for approval on June 7.Tulane University President Michael A. Fitts and Provost Robin Forman issued the following statement:"We are deeply concerned by the potential impacts on the Tulane community of several bills under consideration in the Louisiana Legislature targeting land ownership by non-US citizens. We continue to share our concerns with legislators. These bills have made many of our faculty and students uncertain and anxious about their futures in our state, and we share those concerns. Universities thrive on their ability to foster a welcoming and safe community where we can recruit and retain the best and the brightest faculty, staff, and students from around the world to learn, research, and work together to solve our most pressing challenges. "Our international community plays a crucial role in the research and innovation ecosystem of our city and state. These international scholars and students have contributed greatly to the extraordinary success Tulane has experienced in research and in helping to increase economic growth in our region. It is essential that we recognize and appreciate their contributions to our state, our universities, and our neighborhoods."On June 7, 2023, NOLA.com also reported on " Bill targeting foreign land ownership approved by Legislature after tweaks ." 3. Florida’s Ban on Chinese Landownership Is a Racist Throwback According to an opinion by Shan Wu published by the Daily Beast on June 6, 2023, the reality of the Florida land law—and other laws like it in states including Texas, Louisiana, South Carolina, and Alabama—are throwbacks to the racist “Alien Land Laws” from the 19th and early 20th century that barred Asians from owning land.Lesser-known than the redlining and racist zoning laws that kept Blacks and other minorities from buying homes in predominantly white neighborhoods, these laws sought to stop Chinese and Japanese people from purchasing and even leasing land primarily in the American West. For example, the 1859 Oregon constitution barred any “Chinaman” from buying property, and the 1879 California constitution was amended to specifically target Asians by only allowing aliens to buy land if they were of “the white race or African descent.” Like today’s politicians, the leaders of that era stoked racist fears in order to eliminate perceived economic competition from Asians by outright banning them from immigration—the 1882 Chinese Exclusion Act—and through Alien Land laws. The Chinese Exclusion Act was not repealed until 1943 against the backdrop of the United States allying with China in World War II. It was not until 1948 that the U.S. Supreme Court struck down an Alien Land law as unconstitutional in Oyama v. California . Even after that decision, however, many states did not repeal the laws until decades later. Florida finally got around to repealing its Alien Land law in 2021, only to have [Governor Ron ] DeSantis replace it with a new one.The federal government already scrutinizes foreign transactions, including real estate purchases, that may jeopardize national security through the interagency Committee on Foreign Investment in the United States (CFIUS). The interagency coordination includes the Department of Defense as well as the intelligence community. The federal government—not Florida—is tasked with our national security, the Supremacy Clause of the United States Constitution likely preempts Florida’s ability to play in this arena. The Florida law also would appear to violate the Equal Protection Clause and Due Process clauses of the Constitution. And there is also the federal Fair Housing Act, which prohibits making housing unavailable on the basis of among other things: national origin.Then there’s the economic and financial detriment DeSantis would be causing to his own state if the law is successfully implemented. The history of scapegoating Asian competition in America is intrinsically intertwined with racist violence. In the 19th century such fears led to lynchings of Chinese workers like the 1885 massacres of Chinese miners at Rock Springs, Wyoming, and the 1982 murder of Vincent Chin , who was beaten to death with a baseball bat in Detroit by white men who saw him as the embodiment of Japanese auto-industry competition—never mind that Chin happened to be Chinese not Japanese.May was Asian American and Pacific Islander Heritage Month, during which the contributions of Asians in America were celebrated. Now is a great time to ask ourselves what does the future hold, when so many of our political leaders long for a return to a racially violent past.Read the Daily Beast opinion: https://bit.ly/43OO60g News and Activities for the Communities 1. US Supreme Court Backs Alabama Black Voters, Bolsters Civil Rights Law According to Reuters on June 8, 2023, the U.S. Supreme Court handed a major victory to Black voters who challenged a Republican-drawn electoral map in Alabama, finding the state violated a landmark law prohibiting racial discrimination in voting and paving the way for a second congressional district with a Black majority or close to it.Chair of the Congressional Asian Pacific American Caucus Rep. Judy Chu (CA-28) issued the following statement : “Today’s decision is a victory for the communities of color and advocates that challenged discriminatory political maps in Alabama, but it’s also a victory for the American people because the Voting Rights Act remains alive despite recent Supreme Court assaults on it. It’s a relief that this far-right Supreme Court—contrary to many recent decisions—respected the Constitution, laws passed by Congress, and its own precedent to come to the correct conclusion today. Our democracy is at its best when all of us can be represented in Congress, and today’s decision ensures that Black voters’ power in Alabama and across the South is not diluted and erased. CAPAC will continue to work with our Tri-Caucus partners to protect and strengthen the voting rights of all communities of color.” 2. Congressional Research Service Director Resigns According to Roll Call and Bloomberg Government , Congressional Research Service Director Mary B. Mazanec is stepping down effective June 30 amid persistent complaints about leadership within Congress’ public policy research institute. Librarian of Congress Carla Hayden announced Mazanec’s planned departure internally, and the House Administration Committee confirmed her resignation. The news comes after reports of high turnover, low morale and lagging diversity within the legislative support agency. On May 3, 2023, the International Federation of Professional & Technical Engineers sent the results of the Congressional Research Service 2022 Federal Employee Viewpoint Survey to Hayden. Subscribe to The APA Justice Newsletter Complete this simple form at https://bit.ly/2FJunJM to subscribe. Please share it with those who wish to be informed and join the fight. View past newsletters here: https://bit.ly/APAJ_Newsletters . Back View PDF June 15, 2023 Previous Newsletter Next Newsletter
- Birthright Citizenship | APA Justice
Birthright Citizenship WELCOME WELCOME WELCOME WELCOME WELCOME WELCOME WELCOME WELCOME WELCOME WELCOME WELCOME WELCOME WELCOME WELCOME WELCOME WELCOME WELCOME WELCOME WELCOME WELCOME WELCOME WELCOME WELCOME WELCOME Go Go Prev Next Table of Contents What is Birthright Citizenship? Donald Trump Executive Order Why Protect Birthright Citizenship? Timeline Visualization Historical Context Legal Battles Current Status References and Links Summary What is Birthright Citizenship? Birthright citizenship grants automatic citizenship to individuals born within a country's territory, regardless of their parents' nationality or immigration status. In the United States, it is enshrined in the 14th Amendment of the Constitution , which states: "All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside." Back to Table of Contents Donald Trump Executive Order On January 20, 2025 Donald Trump issued Executive Order 14160 seeking to end birthright citizenship in the United States. Read the executive order here . Threats to Birthright Citizenship Executive Actions : Attempts to redefine or restrict citizenship via executive orders. Legislative Proposals : Bills challenging the interpretation of the 14th Amendment. Misinformation : Campaigns framing birthright citizenship as a "loophole" or "anchor baby" issue. Court Challenges : Lawsuits aiming to reinterpret the jurisdiction clause of the 14th Amendment. Back to Table of Contents Why Protect Birthright Citizenship? Legal Foundation : It upholds the principles of equality and inclusion. Stability : Ensures clarity in citizenship rights and avoids creating stateless individuals. Economic Contributions : Children born as citizens contribute to the nation’s workforce, innovation, and economy. Human Rights : Aligns with international norms discouraging discrimination based on ancestry or immigration status. How to Protect Birthright Citizenship Advocacy : Support organizations fighting to uphold constitutional rights (e.g., ACLU, JACL, Asian Americans Advancing Justice). Engage in grassroots campaigns to raise awareness. Education : Inform communities about the 14th Amendment and its protections. Share historical examples, such as Wong Kim Ark's case and Japanese American Internment, to highlight the consequences of eroding citizenship rights. Legislation : Advocate for laws that reaffirm birthright citizenship and oppose restrictive measures. Support elected officials who prioritize protecting constitutional rights. Judicial Defense : Monitor legal challenges and support amicus briefs defending birthright citizenship. Fund and back litigation efforts to uphold the 14th Amendment. Community Action : Build coalitions with diverse groups affected by immigration and citizenship issues. Amplify personal stories to humanize the issue and dispel negative stereotypes. Key Talking Points Constitutional Mandate : Birthright citizenship is a core constitutional right, upheld by over a century of legal precedent, including the landmark Wong Kim Ark decision. Historical Lessons : The Wong Kim Ark case and Japanese American Internment remind us of the dangers of prejudice and the importance of protecting citizenship rights. American Values : Birthright citizenship reflects principles of fairness, equality, and the immigrant roots of the U.S. Economic Impact : Policies undermining birthright citizenship harm economic growth and social cohesion. Back to Table of Contents Timeline Visualization Source: https://www.tiki-toki.com/timeline/entry/2139841/Birthright-Citizenship/ Back to Table of Contents Historical Context 1790: The Naturalization Act of 1790 The first Act to define parameters for citizenship by naturalization, this Act limited naturalization to white, male property owners who had resided in the U.S. for at least two years, setting an early precedent for exclusive definitions of American citizenship. Resources https://immigrationhistory.org/item/1790-nationality-act/ https://www.visitthecapitol.gov/artifact/h-r-40-naturalization-bill-march-4-1790 1857: Dred Scott v. Sandford Dred Scott, an enslaved man, sued for his freedom, arguing that his past residence in free territories made him a free man. The Supreme Court ruled that, because Scott was of African descent, he could not be considered an American citizen and therefore did not have standing to sue in federal court. This landmark case resulted in the denial of citizenship from all individuals of African descent in the United States and entrenched the idea that American citizenship was linked to race. Resources https://www.archives.gov/milestone-documents/dred-scott-v-sandford https://www.thirteen.org/wnet/supremecourt/antebellum/landmark_dred.html 1868: Ratification of the Fourteenth Amendment The Fourteenth Amendment granted citizenship to all persons “born or naturalized in the United States” and guaranteed all citizens “equal protection of the laws” in an attempt to address the grievances established in Dred Scott v. Sandford. The Fourteenth Amendment was the second of three amendments adopted during Reconstruction following the Civil War. Resources https://www.archives.gov/milestone-documents/14th-amendment https://constitutioncenter.org/blog/it-was-today-congress-approved-the-14th-amendment 1868: Burlingame Treaty Signed six years after authorization for construction of the Transcontinental Railroad, this agreement secured U.S. access to Chinese laborers, granting Chinese free immigration and travel within the U.S. and granting China most favored nation status in trade. This treaty was reversed by the Angell Treaty in 1868. Resources https://immigrationhistory.org/item/burlingame-treaty-of-1868/ https://immigrationhistory.org/item/angell-treaty-of-1880/ 1875: Page Act In writing, this Act prohibited the "importation of women for the purposes of prostitution" and the recruitment of laborers from Asia who were not brought to the U.S. of their own volition. In practice, this law prevented Chinese women from migrating to the U.S., essentially requiring Chinese men to leave the U.S. if they wished to get married. The Page Act was repealed in 1974.\ Resources https://www.history.com/articles/chinese-immigration-page-act-women 1882: Chinese Exclusion Act and Chinese Immigration The Chinese Exclusion Act of 1882 prohibited the immigration of Chinese laborers for 10 years, the first act of its kind to place broad restrictions on immigration. The Act served as a response to growing anti-China sentiment in the U.S., particularly from other workers in the American economy who felt they faced increased job competition. In 1888, Congress passed the Scott Act, forbidding reentry into the U.S. after a visit to China. The Geary Act of 1892 extended Chinese exclusion for another 10 years and incorporated Hawaii and the Philippines. In 1943, Congress repealed the exclusion acts, two years after China joined the Allied Nations during World War II. Only in 2011 did Congress officially condemn the Chinese Exclusion Act with the unanimous passing of Senate Resolution 201 and House Resolution 683. Resources https://www.archives.gov/milestone-documents/chinese-exclusion-act#:~:text=In%20the%20spring%20of%201882,immigrating%20to%20the%20United%20States https://history.state.gov/milestones/1866-1898/chinese-immigration 1886: Yick Wo v. Hopkins In this case, the court determined that Chinese immigrants, though not citizens of the U.S., were still entitled to equal protections under the Fourteenth Amendment. Resources https://www.oyez.org/cases/1850-1900/118us356 1898: United States v. Wong Kim Ark Wong Kim Ark, born in San Francisco to Chinese parents, was denied reentry into the U.S. after a trip abroad, as officials argued he was not a citizen due to the Chinese Exclusion Act. In United States v. Wong Kim Ark, the Supreme Court ruled that the Fourteenth Amendment guaranteed citizenship to anyone born on U.S. soil, regardless of parental citizenship. This landmark case cemented the principle of birthright citizenship and set a crucial precedent for defending the rights of children born to immigrants. Resources https://constitutioncenter.org/blog/a-look-back-at-the-wong-kim-ark-decision https://www.law.cornell.edu/wex/united_states_v._wong_kim_ark 1906: The Naturalization Act of 1906 This Act required all immigrants to learn English in order to become naturalized citizens. Resources https://www.nvlchawaii.org/limits-japanese-immigration-us-enters-wwi/ 1922: Ozawa v. United States Takao Ozawa, a Japanese man who moved to the U.S. for college and began a family in Hawaii, applied for citizenship and was rejected due to his race, despite meeting all non-racial qualifications. This landmark decision determined all Issei ineligible for citizenship, reinforcing racial barriers to citizenship and solidifying the exclusion of Asian immigrants from naturalization. Resources https://encyclopedia.densho.org/Ozawa_v._United_States https://www.nvlchawaii.org/limits-japanese-immigration-us-enters-wwi/ 1924: Immigration Act of 1924 This act established a national origins quota in order to severely restrict the number of immigrants entering the U.S. The quota provided immigration visas to two-percent of the total number of people of existing nationalities in the U.S but also included natural-born citizens, so the number of people allowed from the British Isles and Western Europe was higher than elsewhere. The act also prohibited immigration from those countries who were already ineligible for citizenship in the U.S. Since all people of Asian lineage were prohibited from naturalizing, this meant that even those who could immigrate but not naturalize, such as the Japanese, could now not do either. The act also severely restricted the number of European Jews and refugees fleeing fascism and the Holocaust. Although this violated the Gentlemen’s Agreement, the U.S. government remained firm. Resources https://history.state.gov/milestones/1921-1936/immigration-act https://www.migrationpolicy.org/article/1924-us-immigration-act-history 1924: Indian Citizenship Act (Snyder Act) The Indian Citizenship Act granted citizenship to all Native Americans born in the U.S. The right to vote was still governed by state law, leaving some Native Americans unable to vote until 1957. Resources https://www.loc.gov/item/today-in-history/june-02/ 1925: Chang Chan v. Nagle Under the Immigration Act of 1924, the Supreme Court determined that Chinese women were ineligible for citizenship and thus could not qualify as non-quota immigrants to the U.S., due to their Chinese descent. Thus, Chinese wives of American citizens were not allowed entry into the U.S. Resources https://supreme.justia.com/cases/federal/us/268/346/ 1942: Japanese Internment During World War II, over 120,000 Japanese Americans – two-thirds of whom were U.S. citizens by birth – were forcibly removed from their homes and incarcerated without due process. This demonstrated how prejudice can undermine constitutional rights. Only in 1988 did Congress and President Reagan sign the Civil Liberties Act of 1988 expressing regret for the injustice of internment and offering $20,000 to each incarcerated individual. Resources https://www.archives.gov/education/lessons/japanese-relocation https://www.history.com/topics/world-war-ii/japanese-american-relocation 1952: McCarran-Walter Act This act continued the controversial quota system established in the Immigration Act of 1924. While the act finally allowed universal Asian immigration and naturalization, the quota system ensured that eighty-five percent of annually available visas were allotted to people of northern and western European heritage. Resources https://history.state.gov/milestones/1945-1952/immigration-act https://www.americanimmigrationcouncil.org/sites/default/files/research/Brief21%20-%20McCarran-Walter.pdf 1982: Plyler v. Doe A Texas education law allowed the state to deny funding for educating children of non-citizens. The Supreme Court struck down this law, ruling that non-citizens and their children were afforded Fourteenth Amendment protections under the Equal Protection Clause. Resources https://supreme.justia.com/cases/federal/us/457/202/ https://www.uscourts.gov/educational-resources/educational-activities/access-education-rule-law Back to Table of Contents Legal Battles On January 20, 2025, the Trump Administration issued an executive order seeking to strip certain babies born in the United States of their U.S. citizenship. The following lawsuits have been filed to stop the implementation of the executive order. 1. New Hampshire Indonesian Community Support v. Trump (1:25-cv00038) U.S. District Court for the District of New Hampshire File Date: January 20, 2025 Plaintiffs: New Hampshire Indonesian Community Support, the League of United Latin American Citizens (LULAC), and Make the Road New York Legal Team: American Civil Liberties Union (ACLU), along with its affiliates in New Hampshire, Maine, and Massachusetts, the Asian Law Caucus, the State Democracy Defenders Fund, and the Legal Defense Fund 2. Doe v. Trump (1:25-cv-10136) U.S. District Court for the District of Massachusetts File Date: January 20, 2025 Plaintiffs: Jane Doe and others Legal Team: Lawyers for Civil Rights 3. Thien Le v. Donald J. Trump (8:25-cv-00104) U.S. District Court for the Central District of California File Date: January 20, 2025 Plaintiff: Thien Le Legal Team: TFC Legal Services & Associates 4. State of Washington et al v. Trump et al (2:25-cv00127) U.S. District Court for the Western District of Washington File Date: January 21, 2025 Plaintiffs: State of Washington, along with Arizona, Illinois, and Oregon 5. State of New Jersey v. Trump (1:25-cv-10139) U.S. District Court for the District of Massachusetts File Date: January 21, 2025 Plaintiffs: the State of New Jersey, along with 17 other states, San Francisco, Washington DC. At least 72 jurisdictions across 24 states have joined the legal challenge 6. CASA Inc. et al v. Trump et al (8:25-cv-00201) U.S. District Court for the District of Maryland File Date: January 21, 2025 Plaintiffs: CASA Inc., the Asylum Seeker Advocacy Project, and individual plaintiffs Maribel, Juana, Trinidad Garcia, Monica, and Liza Legal Team: Institute for Constitutional Advocacy and Protection, Asylum Seeker Advocacy Project, 7. Franco Aleman v. Trump (2:25-cv-00163) - merged into 4 on 2025/01/27 U.S. District Court for the Western District of Washington File Date: January 24, 2025 Date Terminated: January 27, 2025 Plaintiffs: Class action led by Cherly Norales Castillo, Alicia Chavarria Lopez, and Delmy Franco Aleman Legal Team: Northwest Immigrant Rights Project (Seattle) 8. OCA - Asian Pacific American Advocates v. Rubio (1:25-cv-00287) U.S. District Court for the District of Columbia File Date: January 30, 2025 Plaintiff: OCA - Asian Pacific American Advocates Legal Team: Arnold & Porter Kaye Scholer LLP and Asian Americans Advancing Justice-AAJC 9. County of Santa Clara v. Trump (5:25-cv-00981) U.S. District Court for the Northern District of California File Date: January 30, 2025 Plaintiff: County of Santa Clara New York Immigration Coalition v. Trump et al. (1:25-cv-01309) U.S. District Court for the Southern District of New York File Date: February 13, 2025 Plaintiff: J.V. and New York Immigration Coalition Barbara v. Trump (1:25-cv-00244) U.S. District Court for the District of New Hampshire File Date: June 27, 2025 Plaintiff: Barbara, Immigration Law Reform Institute, Mark, Matthew, Sarah, Susan Legal Team: ACLU, Asian Law Caucus, NAACP Legal and Defense Education Fund, State Democracy Defenders Action Major Developments 2025/07/16 6. CASA Inc. et al v. Trump et al (8:25-cv-00201) Judge Boardman issued a memorandum opinion and an indicative ruling granting a class-wide injunction pending the district court acquiring jurisdiction on remand from the Fourth Circuit where this part of the litigation is still on appeal. 2025/07/10 11. Barbara v. Trump (1:25-cv-00244) Judge Laplante granted a seven-day classwide injunction preventing the administration from enforcing Executive Order 14160. 2025/07/10 1. New Hampshire Indonesian Community Support v. Trump (1:25-cv00038) Judge Joseph N. Laplante issued an injunction blocking Trump’s executive order limiting birthright citizenship, ruling that the Plaintiffs could proceed as a class. 2025/07/03 5. State of New Jersey v. Trump (1:25-cv-10139) The FIrst CIrcuit denied the government’s request for a supplementary briefing on the state of the preliminary injunction granted previously and remanded the case to the lower court to consider whether Trump v. CASA impacts the court’s preliminary injunction. 2025/07/02 10. New York Immigration Coalition v. Trump et al. (1:25-cv-01309) Plaintiffs submitted a letter indicating that they would amend their complaint following the Supreme Court ruling on June 27, 2025. 2025/07/01 8. OCA - Asian Pacific American Advocates v. Rubio (1:25-cv-00287) OCA filed an amended complaint which included several co-complaintant prospective mothers proceeding anonymously and which updated the complaint with statements and actions taken by the Trump administration since the initial complaint was filed. On July 2, the OCA moved for partial summary judgement to declare the EO unconstitutional and to enjoin the administration from carrying it out. 2025/06/27 6. CASA Inc. et al v. Trump et al (8:25-cv-00201) Plaintiffs filed an amended complaint , which included additional plaintiffs and removed President Donald Trump as a defendant while adding the Director of United States Citizenship and Immigration Services (“USCIS”) as a defendant. 2025/06/27 6. CASA Inc. et al v. Trump et al (8:25-cv-00201) 4. State of Washington et al v. Trump et al (2:25-cv00127) The Supreme Court ruled 6-3 to partially stay a lower court injunction against Executive Order 14160. The ruling limits the injunction’s scope to only the litigants in the case, but left open whether broader relief might be permitted in class actions. 2025/04/11 4. State of Washington et al v. Trump et al (2:25-cv00127) 208 House Democrats filed amicus brief against Trump birthright citizenship executive order with the Ninth Circuit Court of Appeals Case Number 25-807 2025/04/11 4. State of Washington et al v. Trump et al (2:25-cv00127) AALDEF and coalition filed an amicus brief with the U.S. Court of Appeals for the Ninth Circuit Case Number 25-807 2025/04/09 4. State of Washington et al v. Trump et al (2:25-cv00127) NAPABA and coalition filed an amicus brief with the U.S. Court of Appeals for the Ninth Circuit Case Number 25-807 2025/04/04 5. State of New Jersey v. Trump (1:25-cv-10139) The Plaintiffs filed an amicus brief with Supreme Court Case Number 24A886 2025/04/04 4. State of Washington et al v. Trump et al (2:25-cv00127) The Plaintiffs filed an amicus brief with Supreme Court Case Number 24A885 2025/04/04 6. CASA Inc. et al v. Trump et al (8:25-cv-00201) The plaintiffs filed an amicus brief with Supreme Court Case Number 24A884. 2025/03/13 4. State of Washington et al v. Trump et al (2:25-cv00127) The government appealed to the U.S. Supreme Court for a partial stay after the Ninth Circuit Court of Appeals denied its request for a partial stay of the district court's injunction. 2025/03/13 6. CASA Inc. et al v. Trump et al (8:25-cv-00201) The government appealed to the U.S. Supreme Court for a partial stay after the Fourth Circuit Court of Appeals denied its request for a partial stay of the district court's injunction. 2025/03/11 5. State of New Jersey v. Trump (1:25-cv-10139) The First Circuit Court of Appeals denied the government’s motion for a stay. The government appealed to the Supreme Court. 2025/02/19 4. State of Washington et al v. Trump et al (2:25-cv00127) The Ninth Circuit issued an order denying the government’s emergency motion to stay the district court’s injunction and leaving the existing briefing schedule unchanged. 2025/02/13 5. State of New Jersey v. Trump (1:25-cv-10139) Judge Leo T. Sorokin issued an opinion granting a preliminary injunction enjoining the government from implementing and enforcing Executive Order No. 14,160. 2025/02/13 2. Doe v. Trump (1:25-cv-10136) Judge Leo T. Sorokin issued an opinion granting a preliminary injunction enjoining the government from implementing and enforcing Executive Order No. 14,160. 2025/02/10 1. New Hampshire Indonesian Community Support v. Trump (1:25-cv00038) U.S. District Judge Joseph N. Laplante issued a preliminary injunction . 2025/02/05 6. CASA Inc. et al v. Trump et al (8:25-cv-00201) U.S. District Court Judge Deborah L. Boardman issued a preliminary nationwide injunction until the case is resolved or a higher court overturns it. 2025/01/27 7. Franco Aleman v. Trump (2:25-cv-00163) This case was terminated and consolidated into 3. State of Washington et al v. Trump et al (2:25-cv00127) 2025/01/23 4. State of Washington et al v. Trump et al (2:25-cv00127) U.S. District Judge John C. Coughenour granted a temporary restraining order, halting the enforcement of the executive order for 14 days. He described the order as "blatantly unconstitutional," emphasizing its immediate and irreparable harm to individuals affected. Back to Table of Contents Current Status Oral argument before the U.S. Supreme Court in Trump v. Barbara, No. 25-365 is scheduled for April 1, 2026. Back to Table of Contents References and Links 2026/02/25 NAPABA: NAPABA Leads Broad Coalition to Defend Birthright Citizenship in the U.S. Supreme Court 2025/05/09 San Francisco Bay Times: Standing Up for Birthright Citizenship: A Personal Reflection 2025/04/11 AALDEF: With 80+ Asian American organizations and race and law centers, AALDEF submits brief in support of birthright citizenship 2025/04/09 NAPABA: NAPABA Leads Broad Coalition to Defend Birthright Citizenship in Court 2025/03/28 Edgar Chen and Chris M. Kwok in Just Security (translation by Juan Zhang) - 特朗普政府重塑《第十四修正案》 ——《黄金德案》并未限制出生公民权 2025/03/28 Edgar Chen and Chris M. Kwok in Just Security - The Trump Administration’s 14th Amendment Retcon: ‘Wong Kim Ark’ Does Not Limit Birthright Citizenship 2025/03/28 CAPAC press release: CAPAC Chair Meng Statement on the Anniversary of United States v. Wong Kim Ark Decision 2025/01/24 PBS: What to know about the legal battle over Trump’s attempt to end birthright citizenship 2025/01/23 New York Times: “Judge Temporarily Blocks Trump’s Executive Order to End Birthright Citizenship” 2025/01/23 ABC News: “What to Make of Trump’s Attempt to End Birthright Citizenship” 2025/03/31 Senator Tim Kaine Letter 2018/11/01 Pew Research Center. “Number of U.S.-Born Babies with Unauthorized Immigrant Parents Has Fallen Since 2007” 2018/01/11 Congressional Research Service: The Citizenship Clause and “Birthright Citizenship”: A Brief Legal Overview 1898/03/28 Justia: United States v. Wong Kim Ark, 169 U.S. 649 1868/07/09 National Archives: 14th Amendment to the U.S. Constitution: Civil Rights (1868) Japanese American Citizens League: The Japanese American Experience Chinese Historical Society of New England. Exclusion Acts and Legal Resistance Global Birthright Citizenship Laws Law Library of Congress. “Birthright Citizenship Conditions.” More info here . Global Birthright Citizenship Laws Back to Table of Contents Summary The legal victory of Wong Kim Ark and the struggles of Japanese Americans during internment illustrate the enduring importance of protecting birthright citizenship. Defending this right ensures the United States remains a nation of equality and justice. Let’s learn from history, honor constitutional principles, and secure a future where all are treated with dignity and fairness. Back to Table of Contents Timeline Contents Birthright Citizenship Select Title
- 1. From Past Prejudice to Present Policy: The Impact of Land Ownership Exclusion Laws on Diverse Communities | APA Justice
1. From Past Prejudice to Present Policy: The Impact of Land Ownership Exclusion Laws on Diverse Communities 2024-2025 Alien Land Laws Wednesday, December 11, 2024 An insightful discussion on the troubling resurgence of alien land laws — historically discriminatory policies that are reemerging in state legislatures across the U.S. Originally designed to prevent non-citizens, particularly those from AAPI communities, from owning property, these laws are now being reframed as safeguards to national resources. We discussed whether these laws properly address national security concerns or whether they are merely a pretext that infringes upon civil rights and liberties under the guise of protection. Our panel of legal experts and advocates delved into the history of alien land laws, examine their renewed impact on vulnerable communities and discuss key cases, including a bill recently introduced in Florida. Whether you’re a policymaker, legal professional, journalist, or concerned citizen, this event was essential for anyone committed to upholding justice and equity in America. Previous Item Next Item
- #237 NAPABA Report; Quincy Institute; Florida SB 864; Ex-FBI Spy Hunter; Section 702 Reform
Newsletter - #237 NAPABA Report; Quincy Institute; Florida SB 864; Ex-FBI Spy Hunter; Section 702 Reform #237 NAPABA Report; Quincy Institute; Florida SB 864; Ex-FBI Spy Hunter; Section 702 Reform In This Issue #237 · Invited Report: Developments on Alien Land Laws in Missouri and Arkansas · The Quincy Institute for Responsible Statecraft · Florida law SB 864 Undercuts US Leadership in Science · Ex-FBI Spy Hunter Sentenced · House Delays Plans on Surveillance Program Reauthorization Vote · News and Activities for the Communities Invited Report: Developments on Alien Land Laws in Missouri and Arkansas The following is an invited report by Edgar Chen , Special Policy Advisor, National Asian Pacific American Bar Association (NAPABA)"With no signs that the resurgence of foreign ownership legislation introduced in at least 34 states last year is slowing down, the National Asian Pacific American Bar Association (NAPABA) has been following two recent developments in Missouri and Arkansas."In Missouri, Governor Michael Parson issued Executive Order 24-01 in January, which prohibits the acquisition of agricultural land by Chinese, Iranian, Russian, and other citizens from other designated adversarial countries within 10 miles of a military facility. While the text of the Executive Order itself does not mention China by name, the Governor's press release and remarks focused almost exclusively on China: "With heightened concerns regarding ownership of Missouri farm land by foreign adversaries, especially China, we are signing this order to safeguard our military and intelligence assets, prevent security threats to our state, and give Missourians greater peace of mind." The Governor's comments when announcing his Executive Order appeared to be partly in response to legislative proposals that could ban all foreign ownership - including by friendly countries. Governor Parson touted foreign investment by a list of countries including Israel, Sweden, Germany, the UK, and Japan as critical to the state's economy. "In terms of whether there has been evidence that Missouri farmland has been exploited for malign purposes, Governor Parson conceded that, 'While we have had no issues yet, we want to be proactive against any potential threats.' The Governor also remarked that if he had the authority, his ban would go a lot further: 'Believe me, if I had the authority, we wouldn’t just be talking about banning farm land but all commercial properties by foreign adversaries…regardless of rural or urban.' Responding to questions posed during the press conference, Governor Parson clarified that the Executive Order is not retroactive, but the plain language of the order reads, 'no Missouri agricultural land shall be acquired or owned' (emphasis added) by a citizen of a foreign adversary, which may raise some confusion about current owners. NAPABA is not aware of any other states where a governor had taken unilateral executive action to bar Chinese or other citizens from acquiring property without the passage of legislation. "Last fall, Arkansas became the first state (that NAPABA is aware of) to take an enforcement action against a Chinese (or any foreign) property holder under new alien land laws. Attorney General Tim Griffin ordered Northrop King Seed Company, a subsidiary of Swiss company Syngenta (which in 2017 was acquired by state-owned China National Chemical Corporation) to sell its property as it was in violation of state law that bars a 'prohibited foreign-party controlled business' from acquiring or holding land in Arkansas. China is considered a prohibited foreign party. Syngenta was also ordered to pay a $280,000 fine for failing to register with the Arkansas Department of Agriculture on time as a foreign owned entity. In a blistering response, Eric Boeck , President of Syngenta Seeds, United States and Canada called the order, 'a shortsighted public ultimatum that doesn’t have the American farmers, or independent seed companies we serve, best interests at heart,' and vociferously stated that 'the suggestion that China is using Syngenta to purchase land or conduct operations in the U.S. for any purpose other than supporting the company’s commercial business in North America is simply false.' According to both Boeck, and additional industry reporting , Northrop King Seed has owned the land in question, 160 acres in Craighead County, Arkansas since 1988, and the land is primarily used for seed research purposes that are specific to the soil type found in Arkansas, to accrue to the specific benefit of Arkansas farmers." The Committee of 100 tracks federal and state bills prohibiting property ownership by foreign individuals and entities in 2023 legislative sessions at https://bit.ly/3Hxta4B The Quincy Institute for Responsible Statecraft Lora Lumpe , Chief Executive Officer, Quincy Institute for Responsible Statecraft, introduces the Quincy Institute and its plans and activities during the APA Justice monthly meeting on February 5, 2024. Quincy Institute is a relatively new, standard think tank of about 4 years old. It has a global focus. One of its core areas is the US-China relationship. Its founding principle is that the US has come to rely too much on the use of military force. The Institute focuses on promoting an international relations theory called restraint, which calls for a use of force only when vital national interests are at stake. It prioritizes diplomatic solutions.Lora emphasizes the importance of finding positive areas of cooperation between the US and China. Quincy Institute has organized coalition calls and conferences to advocate for a more constructive US-China relationship. Quincy Institute is staffed with experts in US China security relations from a hard security perspective; another focus area for the Quincy Institute is trade, tech, and environment. It is pleased with the recent reinitiation of top-level dialogue, but crisis prevention mechanisms need to go a lot further. In this Congress, there have been about 600 bills initiated, cutting across almost every committee. Almost every one of them is hostile toward China and focuses on a threat or an alleged threat posed by China to US national interests. The Institute aims to foster a constructive relationship. In addition, · Quincy Institute has an online publication called Responsible Statecraft that publishes about a thousand pieces of journalism and analysis a year - some from the staff and some from outside scholars. · Prior to the meeting of Presidents Biden and Xi last November, Quincy Institute organized a coalition call to bring together people from different sectors including academic, national security, climate, farm and agriculture. The coalition called on the two presidents to engage in a more concerted effort to strengthen the bilateral relationship. · The Institute believes that broad sectors of American civil society want a decent workable relationship, and yet so much of what we see in the media, coming out of Congress, and often from the White House, is pointing to China as a threat. Quincy Institute held a half-day long conference with foreignpolicy.com – a main platform for Washington thinkers on US foreign policy to reframe or ask some different questions about the US China relationship, including panels on economy and national security. · On trade and technology, Quincy Institute tries to sharpen the contradiction between the alarmist view or zero sum take and its perspective on cooperation and diplomacy. · Quincy Institute also engages in investigative journalism, frequently looking at the sources of influence in the making of US foreign policy, such as foreign government funding of think tanks as well as corporate funding of think tanks and news outlets, trying to at least raise questions about whether those sources of financial support may in fact be impacting some of the analysis, commentary, and reporting that comes out. · Lora refers to the Quincy Institute website with several pieces of in-depth analyses on the US-Taiwan-China relationship and paths to preventing conflict, pointing to the fundamental need of education on the One-China policy that has played a role in maintaining peace and allowed for the growth and development of Taiwan for the past 45 years. Lora encourages others to view them as allies in promoting a more diplomatic approach to US-China relations and expresses her enthusiasm for collaboration and look forward to working closely with others in the future.Contact Tori Bateman , outreach coordinator, at Tori@quincyinst.org . Visit the Quincy Institute website at https://quincyinst.org/ . Read the partial summary of the February 2024 APA Justice monthly meeting at: https://bit.ly/49mmzXk Florida law SB 864 Undercuts US Leadership in Science According to Science report on " New Florida Law Blocks Chinese Students From Academic Labs ," Florida’s SB 846 hinders and potentially prohibits hiring applicants from China or six other “countries of concern” unless the university obtains a waiver from the state.According to a letter to Science on February 15, 2024, any state’s decision to shut out international scholars will push talented individuals elsewhere, cause delays in existing research efforts, threaten local job growth potential, and endanger US global leadership in research and development.Scientists born outside of the United States have contributed to global understanding and progress as well as to the US economy, society, health, and national security. About 58% of the 72,000 postdoctoral scholars (postdocs) working in the United States are internationals. Having obtained the highest level of education in their fields, many are in their late 20s and 30s and are poised to assume leadership positions across society.Welcoming postdocs from other nations drives innovation and builds stronger research institutions capable of greater accomplishments and economic development. There is no credible evidence of a surplus of domestic-born postdoc scientists and researchers whose career pathways are put at risk by international scholars. Moreover, by turning away the brightest minds from the seven targeted countries, Florida increases the chances that these individuals will instead find opportunities in other countries, including US competitors, a lost opportunity for innovation that could threaten the very national security that SB 846 purports to protect.More than 300 faculty members have signed the petition https://bit.ly/3I3kK5y at the University of Florida that questions the policy and advocates for the freedom to hire top talent regardless of national origin. The National Postdoctoral Association, which supports US postdocs of all nationalities, joins their call. Read the Science letter: https://bit.ly/49F85Sa . Read the Explainer on SB 864 by the Asian American Scholar Forum: https://bit.ly/3UJNdER Ex-FBI Spy Hunter Sentenced According to the Washington Post and AP News , the FBI’s former top spy hunter in New York was sentenced in Washington to 28 months in prison for concealing at least $225,000 in payments he received from a former Albanian intelligence official while working for the bureau.Charles McGonigal will serve his punishment on top of a 50-month prison term he received separately in New York last year for illegally conspiring with a Russian oligarch who wanted to be removed from a U.S. sanctions list.McGonigal, 55, is one of the highest-ranking FBI agents ever convicted of criminal charges. He was special agent in charge of the counterintelligence division of the FBI’s New York City office from 2016 to his retirement in September 2018.McGonigal now has been sentenced to a combined 6½ years behind bars for the two offenses.McGonigal expressed remorse and sorrow for what he called “mistakes,” saying he betrayed the confidence and trust of his loved ones.The judge told McGonigal that it appears he “lost his moral compass” at the end of a distinguished FBI career, when he held one of the highest national security positions in the federal government. She said his remorse seemed genuine.“Unfortunately, it doesn’t repair the damage,” she added.Read the Washington Post report: https://wapo.st/4bHuEHt . Read the AP News report: https://bit.ly/3woUEra House Delays Plans on Surveillance Program Reauthorization Vote According to Roll Call on February 14, 2024, the House shelved plans to hold floor votes this week on a bill to reauthorize a powerful surveillance authority, amid sharp divisions over how far Congress should go in providing privacy protections. The move came shortly after a House Rules Committee meeting on the bill to renew Section 702 of the Foreign Intelligence Surveillance Act (FISA), which revealed there was no clear agreement on a rule to allow floor consideration of amendments.Sharp divisions over privacy protections in Section 702 of FISA remainSection 702 allows the U.S. government to collect digital communications of foreigners located outside the country. But the program has been the subject of lawmaker concern because it also brings in the communications of Americans and allows the FBI to search through the information without a warrant. The agency can search through the data based on a single field, such as an email address.The House Judiciary Committee has advanced one bill, and the House Intelligence Committee has advanced another. Republicans posted a new bill, which more closely resembles the Intelligence Committee bill, for consideration on the floor.Read the Roll Call report: https://bit.ly/4bJI0Dh News and Activities for the Communities 1. APA Justice Community Calendar Upcoming Events: 2024/02/22 Census Bureau: Exploring the Diversity and Growth of the Asian American Population2024/02/27-28 President’s Advisory Commission on AA and NHPIs Meeting and Solicitation for Oral and Written Comments2024/02/28 WHI: Community Engagement Event2024/02/29 CAMDC Deadline for Essay Contest2024/03/03 Rep. Gene Wu's Town Hall Meeting2024/03/04 APA Justice Monthly MeetingVisit https://bit.ly/45KGyga for event details. 2. Census Bureau: Exploring the Diversity and Growth of the Asian American Population WHAT: Exploring the Diversity and Growth of the Asian American Population WHEN: February 22, 2024, 2:00 - 3:00 pm Eastern Time WHERE: Webinar HOST: U.S. Census Bureau SPEAKERS: · Mariecris (Mac) Treece, US Census Bureau · Anh Nguyen, US Census Bureau DESCRIPTION: Did you know there are more than 24 million people who identified as Asian alone or in combination in the 2020 Census? And the largest Asian group, which grew by over 50 percent are Asian Indians. Join us to discover the diverse and growing Asian population. Build your knowledge to paint a local portrait of Asian Americans including where they live, which industry sector they work in, homeownership rates, business ownership, and more. Lastly, we will demonstrate how to access data.census.gov to create an Asian community profile in selected geographies. REGISTRATION: https://bit.ly/3wuJCjR 3. Norman Mineta Statue Unveiled at San Jose Airport According to NBC News on January 25, 2024, the city of San Jose unveiled a new statue at San Jose Mineta International Airport to honor of its namesake Norman Mineta . The statue stands 6 feet tall and is made of bronze. It was funded by Mineta's supporters and commissioned by nonprofit organizations. Mineta was the mayor of San Jose in the 1970s before serving in Congress for 20 years. He later became the U.S. commerce secretary under the Bill Clinton Administration and transportation secretary during the George W. Bush Administration. Mineta passed away in 2022 at the age of 91. Read the NBC News report: https://bit.ly/3wk6McU 4. Memorial Service for Dr. Hwa-Wei Lee On February 17, 2024, a memorial ceremony was held in Florida for Dr. Hwa-Wei Lee 李华伟 , former Chief of the Asian Division at the Library of Congress and Dean Emeritus of Ohio University Libraries. He was 92.During his five-year tenure (2003-2008) at the Library of Congress, Dr. Lee made a lasting impact through his initiatives, including international partnerships that led to the Japanese Rare Book Collection and the Chinese Rare Book Digital Collection. Dr Lee also established the Asian American Pacific Islander Collection with the support of Rep. Mike Honda , former Chair of the Congressional Asian Pacific American Caucus.In 2005, Dr. Lee testified before the U.S.-China Economic and Security Review Commission for a hearing on the status of the Library’s Chinese collection. He was recognized internationally for his contributions to bridging cultures between the United States and many other countries. Dr. Lee was one of the founders and a past president of the Chinese American Librarians Association (CALA). He was honored by CALA in a video paying tribute to his life on June 25, 2013: https://bit.ly/42FiOcZ (17:10) Back View PDF February 19, 2024 Previous Newsletter Next Newsletter
- Campaign to Oppose The Nomination of Casey Arrowood
Academics, elected officials, and civil rights groups across the country are raising concerns about the nomination of Casey Arrowood to be US Attorney for the Eastern District of Tennessee. July 29, 2022 Sign the campaign to oppose Arrowood's nomination The White House announced the nomination of Mr. Casey Arrowood to be US Attorney for the Eastern District of Tennessee on July 29, 2022. The Senate Judiciary Committee logged the nomination as PN2444 on August 1, 2022. Academics, elected officials, civil rights groups, and community organizations across the country have raised grave concerns about this nomination - It will further erode public trust in our judicial system and increase the chilling effect on U.S. science and technology. Mr. Arrowood was the lead prosecutor of University of Tennessee Professor Anming Hu , an internationally-renown nanotechnology expert and the first academic to go to trial under the now-defunct “ China Initiative. ” Court testimonies and documents show that Professor Hu was subject to a two-year Federal Bureau of Investigations (FBI) investigation started by a Google search , not a criminal predicate. Professor Hu was fired by the University of Tennessee at Knoxville based on misleading and false information provided by the government. When the false allegation that Professor Hu spied for China could not be supported by facts and evidence, he was pressed to spy on China for the U.S. government. After Professor Hu refused, Mr. Arrowood mounted a wire fraud case against Professor Hu. The jury deadlocked, and a mistrial was declared. On June 17, 2021, three members of the House Judiciary Committee, Reps. Ted Lieu, Mondaire Jones, and Pramila Jayapal, referred the case to the Inspector General at the Department of Justice for review out of concerns of alleged misconduct of the FBI in Professor Hu’s case. Mr. Arrowood’s wrongful prosecution of Professor Hu betrayed the public trust and confidence we all place in our judicial system. According to a media report , a member of the all-white jury entered the 2021 trial assuming that the government handled the case with honesty and integrity. At the end of the mistrial, she concluded publicly that it was “the most ridiculous case” and “if this is who is protecting America, we’ve got problems.” Instead of reviewing his weak case and acting in the interests of justice, Mr. Arrowood pursued a retrial of Professor Hu. In the order to acquit Professor Hu of all charges in the indictment, Judge Thomas Varlan ruled that the government's evidence, even if given in the light most favorable to the government, would be clearly insufficient for a rational jury to convict Professor Hu of the crimes alleged. Despite the judge's ruling, the unjust prosecution forever changed the lives of Professor Hu and his family. To this day, Professor Hu describes that period as "the darkest time of [his] life" as he and his family endured financial instability, traumas, family separation, and a long battle for justice. The nomination of Mr. Arrowood is an affront to the Asian American, immigrant, and scientific communities. It opens a new wound when we still need to heal from years of prosecution and targeting of Asian Americans and immigrants during and before the "China Initiative." Our communities continue to work towards justice and ensuring substantive reforms to end the targeting and profiling of Asian Americans and immigrants. Mr. Arrowood demonstrated his poor judgment, wasted valuable taxpayers’ dollars, failed to uphold justice and fairness, and eroded public trust. His wrongful prosecution of Professor Hu, not once but twice, is deplorable and an embarrassment to our nation. In an exclusive interview with Tennessee Lookout on August 11, 2022, Professor Hu called for President Joe Biden to withdraw the nomination of Mr. Arrowood. “My case was a case of wrongful prosecution, and I believe (if Arrowood is confirmed) similar things will happen again and will damage long term the U.S. (government’s) reputation,” Professor Hu said. “If you do something wrong, you should have consequences. Instead, (Arrowood) is getting rewarded. It is very unfair. I do not think this is a reasonable nomination.” On August 20, 2022, Professor Hu and his family wrote to the White House requesting President Biden to rescind the nomination of Mr. Arrowood. Professor Hu cited four explanations for his objection: As the leading prosecutor, Mr. Arrowood should have stopped this wrongful investigation and never brought this case forward for prosecution. As an Assistant U.S. Attorney, Mr. Arrowood himself did not understand the law that he was prosecuting. This wrongful prosecution created a strong chilling effect among the Chinese American community. This nomination has harmed the reputation of the U.S. government. APA Justice , Asian American Scholar Forum , Tennessee Chinese American Alliance , and United Chinese Americans launched this nationwide campaign to support Professor Hu and oppose the nomination of Mr. Arrowood. We give voice to Asian Americans and immigrants, the scientific and academic community, and to the impacted persons and their families. We call for the White House to withdraw the nomination, and the Senate Judiciary Committee to take no action on the nomination before a thporugh investigation and a hearing have been completed. We will continue to collect organizational and individual co-signers until there is an end to the nomination of Mr. Arrowood. Please help spread the word if you have already signed on and fill out the form here if you have not yet done so: https://bit.ly/OpposeArrowoodNomination Please help spread the word about this campaign widely. We also encourage organizations and individuals to send their own letters directly to the White House and the Senate Judiciary Committee. Email contact@apajustice.org if you have any questions or comments. Note : Organizers of the campaign retain the right to decide on the final co-signers to the letters. Please sign on to the campaign here: https://bit.ly/OpposeArrowoodNomination 2022/11/10 Committee of 100: Committee of 100 Expresses Concerns Over Mr. Casey Arrowood Being Nominated to Serve as U.S. Attorney for the Eastern District of Tennessee. http://bit.ly/3EBDpEy 2022/11/06 Knox News: 'I want him voted down': Professor wrongly accused of spying fights prosecutor's promotion. https://bit.ly/3UDuYgZ 2022/09/06 Coalition letter to President Biden requesting the withdrawal of the nomination of Casey Arrowood. https://bit.ly/3KTWGTm 2022/09/06 Coalition letter to Senate Judiciary Committee requesting no action on the nomination of Casey Arrowood before thorough review. https://bit.ly/3KSy79l 2022/09/02 Department of Justice: Response to June 17, 2021, Request for Investigation. https://bit.ly/3rISqgJ 2022/08/31 Anming Hu letter to the Senate Judiciary Committee requesting rejection of Arrowood nomination. https://bit.ly/3RezeT6 2022/08/24 APA Justice Newsletter: Special Edition on the Campaign to Oppose the Nomination of Mr. Casey Arrowood. https://bit.ly/3ckMgPI 2022/08/22 Draft letter to President Biden to withdraw the nomination of Casey Arrowood. https://bit.ly/3T7yeRN 2022/08/20 Anming Hu letter to the White House requesting withdrawal of Arrowood nomination. https://bit.ly/3wizTum 2022/08/31 Tennessee Lookout: Asian American groups urge rejection of nominee for U.S. Attorney in Tennessee’s Eastern District . https://bit.ly/3CIVj7T 2022/08/11 Tennessee Lookout: Falsely accused University of Tennessee professor: Biden should rescind U.S. Attorney nomination. https://bit.ly/3C1YiYv Academics, elected officials, and civil rights groups across the country are raising concerns about the nomination of Casey Arrowood to be US Attorney for the Eastern District of Tennessee. Previous Next Campaign to Oppose The Nomination of Casey Arrowood
- #83 "China Initiative;" Rep. Andy Kim, Anming + Spoke On 09/13; Stanford Faculty Letter
Newsletter - #83 "China Initiative;" Rep. Andy Kim, Anming + Spoke On 09/13; Stanford Faculty Letter #83 "China Initiative;" Rep. Andy Kim, Anming + Spoke On 09/13; Stanford Faculty Letter Back View PDF September 15, 2021 Previous Newsletter Next Newsletter
- #60 More Rallies; C100&Inclusion; Anti-Hate Bill; Events; Nominations&Science
Newsletter - #60 More Rallies; C100&Inclusion; Anti-Hate Bill; Events; Nominations&Science #60 More Rallies; C100&Inclusion; Anti-Hate Bill; Events; Nominations&Science Back View PDF May 20, 2021 Previous Newsletter Next Newsletter
- #119 3/17 Townhall; Franklin Tao; Senators' Oversight of DOC; FBI "Assessments"/Violations
Newsletter - #119 3/17 Townhall; Franklin Tao; Senators' Oversight of DOC; FBI "Assessments"/Violations #119 3/17 Townhall; Franklin Tao; Senators' Oversight of DOC; FBI "Assessments"/Violations Back View PDF March 14, 2022 Previous Newsletter Next Newsletter
- #86 Media on Anming Hu and UTK; 10/05 Meeting; New on "China Initiative"/Baylor; PCAST
Newsletter - #86 Media on Anming Hu and UTK; 10/05 Meeting; New on "China Initiative"/Baylor; PCAST #86 Media on Anming Hu and UTK; 10/05 Meeting; New on "China Initiative"/Baylor; PCAST Back View PDF September 28, 2021 Previous Newsletter Next Newsletter

