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Gee-Kung Chang 張繼昆 Docket ID: 1:21-cr-00109 District Court, N.D. Georgia Date filed: Mar 18, 2021 Date Ended: Apr 14, 2025 Robert Fisher , Partner at Nixon Peabody, was the defense attorney for MIT Professor Gang Chen 陈刚 . He spoke at the APA Justice monthly meeting on May 5, 2025, and introduced Professor Gee-Kung (GK) Chang 張繼昆 , whom Robert also represented with colleague Brian Kelly . Rob said this is a critical time for the country and for the Asian American community. Although the China Initiative was officially ended, similar prosecutions are still occurring—particularly targeting professors, scientists, and professionals with ties to China. Rob explained that GK was accused of wire fraud based on allegations that he and a colleague from ZTE conspired to misuse J-1 visa students, supposedly having them work at ZTE while being paid by Georgia Tech. However, the defense pointed out that, even according to the government’s own account, the students were working at Georgia Tech. The indictment was fundamentally flawed—it failed to allege that the financial component was the actual object of the fraud. As a result, the court dismissed most of the charges, leaving only one remaining. That final charge—visa fraud—was also challenged. GK had no role in the visa application process, and Georgia Tech had never provided training on compliance or rules regarding foreign collaboration. Without knowledge or training, there could not have been intent to defraud. Eventually, the government dropped the last remaining charge. GK was fully exonerated after a four-year ordeal under the era of the China Initiative. GK's case highlights a broader issue: many professors were once encouraged to collaborate with China, only to later face prosecution as political attitudes shifted. These retroactive investigations have damaged careers and chilled academic collaboration, especially within the Asian American community. Professor GK Chang shared his personal account of a harrowing legal ordeal during the May 2025 APA Justice monthly meeting. Quoting his written statement titled "From Injustice to Integrity: A Journey Through Fire," GK told his story that "I stand before you today, not as a victim of injustice, but as a witness to the power of integrity, forged in the fiercest fires of adversity. My journey was never just about reclaiming my freedom — it was about turning pain into a higher purpose, one that lights the way for those still suffering injustice." GK was born in China in 1947, moved to Taiwan as a baby during the Chinese Civil War, and came to the U.S. in 1970 for graduate studies in physics. He earned his Ph.D. from the University of California, Riverside in 1976 and became a U.S. citizen in 1981. With 23 years of experience in industry—including leadership roles at Bell Labs, Bellcore, Telcordia, and OpNext—GK became a pioneer in optoelectronic integration and fiber-optic communications, holding over 50 patents. He received multiple awards, including the R&D 100 Award and the Bellcore President’s Award. In 2002, he joined Georgia Tech as an Eminent Scholar Chair Professor. There, he led major NSF-sponsored research on fiber-wireless networks that laid the foundation for 5G and 6G technologies. He advised 30 Ph.D. students, published over 500 papers, and earned Fellow honors from IEEE and the Optical Society of America. He was recognized as a distinguished alumnus of National Tsing Hua University and received Georgia Tech’s Distinguished Faculty Achievement Award. On March 24, 2021, GK’s life was changed forever when nine federal agents arrested him at home without warning, accusing him of conspiracy and wire fraud under the now-defunct “China Initiative.” Despite his clean record and decades of academic and industry contributions, he was publicly indicted without prior notice. Though released on a low bail, the arrest devastated his personal and professional life. The media portrayed him as guilty, his reputation collapsed, and colleagues and friends distanced themselves, leaving him isolated and emotionally shattered. Despite being wrongfully indicted, GK stood firm, relying on his values, family, and a few loyal allies. Through careful review of over a million pages of documents with his legal team of Rob Fisher and Brian Kelly, he uncovered major flaws in the case against him: factual inaccuracies, missing evidence, and prosecutorial misconduct. The charges lacked legal grounding and were based partly on the testimony of a disgruntled former student. The government misunderstood academic norms and pursued the case without proof of intent, fraud, or personal gain—revealing a deeply flawed and unjust prosecution. Faced with multiple plea offers, including one to plead guilty to a single misdemeanor, GK refused to admit guilt for a crime he did not commit. He chose to fight on despite financial strain. A pivotal moment came in August 2023, when a prosecutor admitted in court that GK had not gained any money from the alleged offenses—contradicting the indictment’s claims. This crucial fact had been withheld from the grand jury, exposing serious prosecutorial misconduct and strengthening his case for vindication. The case shifted dramatically after the court dismissed 9 of the 10 charges on March 1, 2024. Empowered by this decision, GK demanded a speedy trial under the Sixth Amendment, confident of full vindication. However, the emotional strain took a serious toll: he suffered a heart attack in May 2024 and underwent emergency surgery. As he recovered, his focus turned not just to clearing his name, but reclaiming his dignity. The ordeal was nearing its end, but had already come at a profound personal cost. The final charge was dismissed on April 14, 2025, through a motion filed by the prosecutor and approved by the judge, fully exonerating GK without a trial. Yet, the long-awaited freedom brought no joy. After four years of legal battles, he was left emotionally scarred, physically worn, and financially depleted. Professionally, the damage was irreversible—four crucial years of innovation and contribution at the peak of his career were lost forever. Despite the pain, the ordeal brought GK clarity and a renewed sense of purpose. He emerged not only as a survivor but as a seeker—of truth, justice, and understanding. His faith in the justice system was shaken, as he came to see its vulnerability to error, bias, and ambition. He now believes that justice does not automatically protect the innocent and must be actively pursued with courage and conviction. Upholding what is right requires strength, even in the face of overwhelming adversity—because justice is never guaranteed, only earned. Quoting Dr. Martin Luther King, Jr. , GK concluded his statement by stating: "I share my testimony, 'A Journey Through Fire,' not for sympathy, but as a warning—and as a beacon. "To those suffering similar injustice: "You are not alone. "And by standing together, "we can help ensure that no one else must endure this tribulation again." References and Links 2025/05/05 APA Justice Monthly Meeting: GK Chang and Robert Fisher (video 19:00 2025/05/05 Gee-Kung Chang: 20250505 GK Chang, A Journey Through Fire, revised July 19, 2025 .pdf Download PDF • 218KB 2025/04/15 Law360: Judge Ends 'China Initiative' Prosecution Of Ex-Ga. Tech Prof 2021/03/24 DOJ: Georgia Institute of Technology professor charged with Visa and wire fraud Previous Item Next Item

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Chinese American? Who is a Chinese American? What is the Chinese American population? These questions may appear simple on the surface, but they are subject to definitions and interpretations. They have also evolved over time. Defining Chinese American For data collection purposes, the Office of Management and Budget is the official authority to define racial and ethnic categories for the United States. Today, Chinese American is a sub-category of Asian American, defined as "A person having origins in any of the original peoples of the Far East, Southeast Asia, or the Indian subcontinent including, for example, Cambodia, China, India, Japan, Korea, Malaysia, Pakistan, the Philippine Islands, Thailand, and Vietnam." This government definition generally reflects a recognized social definition. It is not an attempt to define race biologically, anthropologically, or genetically, nor is it linked to the standard geographical definitions. In practice, an individual associates his or her race and ethnicity by self-identification. The U.S. Census Bureau produces official statistics on the Chinese American population according to this definition and self-identified data, which include U.S. citizens and nationals, as well as permanent residents. Under this definition and interpretation, a Chinese American may also be described as a Chinese in America. Definition used in social, legal and other applications may vary, such as the requirement of U.S. citizenship. Basic Statistics The first recorded arrival of three Chinese sailors in the U.S. travelled from Canton (now Guangzhou), China on board the ship Pallas to Baltimore, Maryland in August 1785. The first recorded Chinese immigrants arrived in the U.S. around 1820. By 1860, the census counted 34,933 Chinese living in California. More than three quarters of them were miners and laborers who first came to the U.S. during the 1848-1855 Gold Rush and then helped built and completed the First Transcontinental Railroad by 1869. The 2010 census showed that the Asian population grew faster than any other race group over the previous decade. Chinese Americans was the largest detailed Asian group, with about 3.3 million people reporting Chinese alone and an additional 700,000 people identifying as both Chinese and one or more additional detailed Asian groups and/or another race. According to the 2017 American Community Survey, the Census Bureau estimated a population of Chinese Americans of one or more races to be slightly over 5 million, or about 1.5% of the total U.S. population. Additional statistics on Chinese in America are available from, for example, the Census Bureau , the Migration Policy Institute , and the Pew Research Center . Beyond Statistics Beyond these statistics, the Chinese American population is complex as it has evolved over the past two hundred years. Several waves of immigrations have occurred; they were also severely repressed for more than 60 years under the Chinese Exclusion Act. There are American-born Chinese (ABC) whose roots have been here for generations; there are also recent naturalized citizens and immigrants of diverse economic and educational background who came from Hong Kong, Taiwan, China and the rest of the world. Not surprisingly, more in-depth understanding about the Chinese American population varies according to perspectives, experiences, and even aspirations, notably between ABCs and more recent naturalized citizens and immigrants. Two prominent Chinese American leaders of such diverse background, who have long been engaged with APA Justice, offer their views on this topic. They are: Frank H. Wu (吴华扬), William L. Prosser Distinguished Professor, University of California Hastings College of the Law and author of Yellow: Race in America Beyond Black and White . Frank was born in Cleveland, Ohio, son of Chinese immigrants from Taiwan. His paper, "The New Chinese Diaspora Embracing the Model Minority and Perpetual Foreigner? ," was orginally published in Chinese Historical Society of America: History & Perspectives . Chinese translation of the paper was made by Kathy Liu, Steve Ning, and Julia Pan. Xiaoyan Zhang (张小彥), visiting professor at University of Pittsburgh and Chair of United Chinese Americans (UCA). Xiaoyang was born in Beijing, China and came to the U.S. in the early 1980s. He is a naturalized U.S. citizen. Xiaoyan authored the UCA manifesto "From Sojourner to Citizen " in 2018 and shares a paper here "American Democracy in the Eyes of a New Immigrant from China " about his personal experience and understanding. A Chinese verison is also available. China Policy: Huaren and Huaqiao The Chinese diaspora, consisting of both Chinese living overseas who are citizens of China (huaqiao 华侨), and people of Chinese descent who are citizens of foreign countries (huaren 华人), have significantly shaped the making of modern China. China’s policy towards its diaspora is primarily governed by its national interests and foreign policy imperatives. However, the Chinese government has been careful to ensure that the huaqiao and the huaren fall into different policy domains: Chinese citizens living overseas are subject to China’s domestic policies, while Chinese descendants who are citizens of other countries come under China’s foreign affairs. Nevertheless, from the beginning, the latter continue to be regarded as kinsfolk distinct from other foreign nationals. The huaqiao-huaren distinction is often blurred in ordinary discourse and this has been a source of much misunderstanding. However, it has not been the policy of the Chinese government to blur this distinction, and it is acutely aware of the complexity of the issue and is therefore very cautious about implying any change. As such, when terms such as huaqiao-huaren are introduced in the official lexicon, they are meant to acknowledge certain historical and contemporary realities, and not to deliberately obfuscate the two categories. The use of the combined term is in fact a recognition of the clear-cut distinction between the two groups, and is meant to convey a semantic balance in which neither category is emphasized at the expense of the other. And more from below by Wu Xiaoan, professor of history at Peking University and director of its Centre for the Study of Chinese Overseas Huaren or huaqiao? Beijing respects the difference and is not coercing foreigners to toe its line China’s Evolving Policy Towards The Chinese Diaspora in Southeast Asia (1949–2018) US Policy: National, Citizenship, US Persons U.S. State Department on Dual Nationality and Citizenship : Section 101(a)(22) of the Immigration and Nationality Act (INA) states that “the term ‘national of the United States’ means (A) a citizen of the United States, or (B) a person who, though not a citizen of the United States, owes permanent allegiance to the United States.” Therefore, U.S. citizens are also U.S. nationals. Non-citizen nationality status refers only individuals who were born either in American Samoa or on Swains Island to parents who are not citizens of the United States. The concept of dual nationality means that a person is a national of two countries at the same time. Each country has its own nationality laws based on its own policy. Persons may have dual nationality by automatic operation of different laws rather than by choice. For example, a child born in a foreign country to U.S. national parents may be both a U.S. national and a national of the country of birth. Or, an individual having one nationality at birth may naturalize at a later date in another country and become a dual national. U.S. law does not mention dual nationality or require a person to choose one nationality or another. A U.S. citizen may naturalize in a foreign state without any risk to his or her U.S. citizenship. However, persons who acquire a foreign nationality after age 18 by applying for it may relinquish their U.S. nationality if they wish to do so... Dual nationals owe allegiance to both the United States and the foreign country. They are required to obey the laws of both countries, and either country has the right to enforce its laws. It is important to note the problems attendant to dual nationality. Claims of other countries upon U.S. dual-nationals often place them in situations where their obligations to one country are in conflict with the laws of the other. For data collection and national security purposes, a "U.S. person" includes citizens, lawfully admitted permanent resident aliens, and corporations incorporated in the United States. See U.S. Code § 1801 (i): https://www.law.cornell.edu/uscode/text/50/1801 VS

Newsletter - #169 03/06 Meeting; "China Initiative"; Texas SB 147+; Racist Attacks; AA Leadership; News #169 03/06 Meeting; "China Initiative"; Texas SB 147+; Racist Attacks; AA Leadership; News In This Issue #169 2023/03/06 APA Justice Monthly Meeting One Year After the End of the "China Initiative" Updates on Texas Senate Bill 147 and Opposition to Revival of Alien Land Laws Racist and McCarthyist Attacks on Rep. Judy Chu and Dominic Ng Condemned Building a Sustainable Platform and Pipeline for AAPI Leadership in Higher Education Asian American Community News and Activities 2023/03/06 APA Justice Monthly Meeting The next APA Justice monthly meeting will be held on Monday, March 6, 2023. Confirmed speakers include: Nisha Ramachandran , Executive Director, Congressional Asian Pacific American Caucus (CAPAC), to provide updates on the latest developments and activities of CAPAC John Yang 杨重远 , President and Executive Director, Advancing Justice | AAJC to provide updates on the Anti-Profiling, Civil Rights & National Security Program and related Activities Gisela Kusakawa , Executive Director, Asian American Scholar Forum, to provide updates on AASF activities Peter Toren , Attorney and Member of Sherry Chen Legal Team, to be recognized and share his reflections on the Sherry Chen case Steven Pei 白先慎 , Co-organizer, APA Justice, to provide updates on Texas Senate bills, webinars, and opposition to discriminatory land laws Grace Meng 孟昭文 , Member, U.S. Congress and Congressional Asian Pacific American Caucus, to remark on the latest developments and legislation for the Asian American community Baimadajie Angwang 昂旺 , New York Police Department, and John Carman , Attorney, to share Angwang's story of injustice as another victim of racial profiling under the "China Initiative" The virtual monthly meeting is by invitation only. If you wish to join, either one time or for future meetings, please contact one of the co-organizers of APA Justice - Steven Pei 白先慎 , Vincent Wang 王文奎 , and Jeremy Wu 胡善庆 - or send a message to contact@apajustice.org . Read past monthly meeting summaries here: https://bit.ly/3kxkqxP . One Year After the End of the "China Initiative" 1. Baimadajie Angwang 昂旺. One year has passed since the end of the "China Initiative," but the damages inflicted on impacted innocent persons continue. Hear the story of a New York police officer, an Afghanistan veteran, and an Army reservist, who became yet another victim of the "China Initiative." His case was finally dismissed in January 2023. After an ordeal of two and a half years, he has yet to return to the New York Police Department. What does he want the public to know and learn from his experience? Where does he go from here? Angwang will tell his story with his attorney John Carman in the March 6, 2023, APA Justice monthly meeting. Read more about Angwang's story at https://bit.ly/3RIqXId 2. Nature Report. According to the Nature report on February 24, 2023, anti-Asian scrutiny has only intensified since the controversial "China Initiative" ended one year ago. Scientists of Chinese heritage say that they are still being targeted unfairly and fear for their safety.¶ While the "China Initiative" was active, more than 150 people were criminally charged for actions such as failing to disclose funding or partnerships with institutions in China.¶ Nearly 90% of them were of Chinese heritage. Many of the charges brought by the US Department of Justice (DOJ) after the initiative’s launch in 2018 were eventually dropped or dismissed, and some prosecutions ended in acquittal.¶ The climate of fear and anxiety hasn’t gone away — researchers are just being pressured in a new way, says Jenny Lee. ¶ Since the initiative’s official shutdown, the US government has adopted various anti-China policies. And although the DOJ is pursuing fewer criminal charges, it says that it will work increasingly with federal agencies to investigate researchers and issue civil and administrative penalties for noncompliance. Universities are also taking a more active role in assisting investigations and pursuing potential wrongdoing, sources tell Nature .¶ “I’m sorry to say that it has only intensified,” says MIT professor Gang Chen 陈刚 , He and others who have had their lives upended by the initiative have been speaking out about the damage that it has done.¶ According to the San Diego Union-Tribune in December 2022, Xiang-Dong Fu , a molecular biologist at the University of California, San Diego, was forced to quit his position after the university accused him of hiding ties to China.¶ According to Toby Smith , US institutions acknowledge the considerable research contributions from these scientists. Universities are working to ensure that all faculty members are disclosing information properly. But he calls on US funding agencies to provide greater clarity for universities on what counts as an offense and what are appropriate and fair sanctions.¶ The end of the "China Initiative" gave the illusion that researchers of Chinese heritage would be targeted less, Jenny Lee says, but “the chilling effect” is “still very much at play.”¶ Researchers unjustly accused under the "China Initiative" and now rebuilding their lives and careers are emblematic of this situation. Scrutiny of researchers of Chinese heritage had begun years earlier than the launch of the "China Initiative." Xiaoxing Xi 郗小星 was accused of passing information to scientists in China about restricted technology in 2015. The DOJ eventually dropped the charges. “I am afraid of doing any research,” he says. “We always live in fear.”¶ Anming Hu 胡安明 , a nanotechnology researcher at the University of Tennessee in Knoxville, who was indicted for hiding ties with China in 2020 and put under house arrest for more than a year before being acquitted, is also trying to get his research back on track. He has spent the past year rebuilding his lab, but has had trouble securing any funding.¶ Read the Nature report: https://go.nature.com/3kveefx Updates on Texas Senate Bill 147 and Opposition to Revival of Alien Land Laws 1. Second Webinar: Historical Re-Hash - Alien Land Law and SB147 WHAT: Webinar titled "Historical Re-Hash - Alien Land Laws and SB147" WHEN: Friday, March 1, 2023, starting at 6:30 pm ET/3:30 pm PT WHO: Moderator: Janelle Wong, Professor of American Studies, University of Maryland Panelists: Gene Wu 吳元之, Attorney and Texas State Representative Madeline Hsu, Professor of History and Asian American Studies, University of Texas at Austin Carol Suzuki, Professor of Law, School of Law, University of New Mexico at Albuquerque Opening Remarks: Ted Gong , Executive Director of the 1882 FoundationRegister for this webinar at http://bit.ly/3Id2uGp 2. Joint Statement in Opposition to Texas SB 147. On February 17, 2023, the Asian American Bar Association of Houston (AABA Houston), the Austin Asian American Bar Association (Austin AABA), the Dallas Asian American Bar Association (DAABA), and the National Asian Pacific American Bar Association (NAPABA) issued a joint statement to strongly oppose the provisions of Texas Senate Bill 147 that prohibit individuals from owning land, buying homes, or establishing businesses in Texas based on their family's country of migration.¶ Read the joint statement: https://bit.ly/3EG7YZl 3 . SB 147 Panel: A Reprisal of Alien Land Laws? On March 2, 2023, the American Constitution Society (ACS) will host an event to discuss proposed Texas Senate Bill 147. Panelists will discuss the Federal and State constitutionality of the proposed bill, its mirroring of bigoted Alien Land Laws that banned Asian immigrants from owning property and establishing businesses, and the overall policy implications of this bill on our immigrant communities. The event is co-sponsored with: ACS DFW Lawyer Chapter, NAPABA, DAABA, AABA Houston, SMU APALSA, SMU ACS, SMU FedSoc. WHEN: Thursday, March 2, 2023, 12:30pm CT WHERE: Southern Methodist University Dedman School of Law | Karcher Auditorium, 3315 Daniel Ave, Dallas, Texas 75205 WHO: Panelists: Rep. Salman Bhojani , Texas State Representative District 92 Rep. Gene Wu 吳元之, Texas State Representative District 137 Leo Yu , Clinical Professor of Legal Research, Writing, and Advocacy and ACS Faculty Advisor, SMU Dedman School of Law Moderator: Kristine Cruz , Associate, Berry Appleman & Leiden LLP; Co-Chair, ACS Dallas-Ft. Worth Lawyer Chapter; President-Elect, Dallas Asian American Bar AssociationRegister for the hybrid in-person and Zoom event at: http://bit.ly/3Z28id0 4. Media Reports MSNBC . According to a MSNBC report on February 25, 2023, a bill introduced in December 2022 is picking up steam in the Texas Senate. SB 147 would make it illegal for Chinese citizens to buy any property in the state of Texas, including home purchases. Ling Luo 罗玲 , founder and chair of the Asian Americans Leadership Council, stops by "The Katie Phang Show" to discuss the bill. Watch the MSNBC video: https://on.msnbc.com/3SvK9Jo (4:42) San Francisco Standard . According to a report by the San Francisco Standard on February 23, 2023, Nick Gee, a staff member of Chinese for Affirmative Action, flew from San Francisco to his hometown of Houston to join the local protests against Texas SB 147.¶ Texas SB 147 has sent a shock wave through Chinese American communities nationwide, sparking new debate on the anti-China rhetoric, anti-Chinese racism in politics and the “perpetual foreigner” stereotype. In response, a coalition of Chinese Americans from across the country are banding together to voice their opposition.¶ Peter Kuo , the vice chairman of the California Republican Party, said he was disheartened by the proposed bill. “It actually harnesses a lot of negative energies or negative prejudice against the Chinese Americans who are already here,” said Kuo. He said the bill’s language would increase anti-Asian sentiment and turn Asians into scapegoats. Read the San Francisco Standard report: http://bit.ly/3KAcVXs Washington Post. According to a report by Washington Post on February 22, 2023, a growing number of state legislators and members of Congress are offering a master class in how not to confront China by supporting indiscriminate crackdowns on Chinese citizens and companies seeking to purchase U.S. land.¶ Bills like SB 147 evoke a long and painful history. In the past, the desire to ensure U.S. national security has often been expressed in ways that excused or justified hatred against Asians. In turn, racist anxieties about people of Asian descent have played a key role in shaping the development of national security policy.¶ Revisiting the long history of anti-Asian behavior in the United States makes clear the inherent dangers of today’s assaults. Read the Washington Post article: https://wapo.st/3Z3ZpzI Racist and McCarthyist Attacks on Rep. Judy Chu and Dominic Ng Condemned 1. Mediaite.com . According to a report by Mediaite.com on February 24, 2023, top House Democrats slammed Rep. Lance Gooden (R-TX) over the Republican’s comments on Fox News earlier in the week in which he said he questions Rep. Judy Chu’s 赵美心 ( D-CA) “loyalty or competence.”¶ Gooden made the remarks in response to Fox News host Jesse Watters asking if he believed “Congresswoman Chu should be looked into?”¶ House Democratic leader Hakeem Jeffries (D-NY) also released a statement lambasting Gooden. “Lance Gooden’s slanderous accusation of disloyalty against Rep. Chu is dangerous, unconscionable and xenophobic.”¶ Rep. Suzan DelBene (D-WA), head of the House Democrats’ campaign arm, also released a statement: "At a time when anti-Asian hate continues to threaten communities, it’s critical that we condemn these racist and xenophobic attacks immediately and hold our fellow colleagues accountable to rid our politics of such dangerous statements and hatred." Read the Mediaite.com report: http://bit.ly/3ZnnfpN 2 . Congressional Black Caucus. On February 24, 2023, the Congressional Black Caucus (CBC) issued the following statement: "Last night, Rep. Lance Gordon appeared on Fox News and questioned the loyalty of the Congressional Asian Pacific American Caucus (CAPAC) Chairwoman Rep. Judy Chu 赵美心 , indicating that she should be stripped of her security clearance simply because of her Chinese ethnicity. To be clear, a person's ethnicity is not indicative of their trustworthiness or loyalty to this country and to suggest otherwise is inflammatory as a nation of immigrants. The CBC stands with CAPAC in denouncing Rep. Gooden's racist and xenophobic remarks, and we urge Republican House leadership to follow suit and take action." 3. United Chinese Americans (UCA). On February 26, 2023, UCA issued a statement. "United Chinese Americans (UCA) strongly condemns the recent racist and offensive remarks made by Texas Representative Lance Gooden against Representative Judy Chu 赵美心 , Chairwoman of the Congressional Asian Pacific American Caucus, and a highly respected leader in Chinese American and AAPI communities. His baseless comments questioning Representative Chu's loyalty to the United States are McCarthyist, racist, and shameful."¶ "It is no less disturbing and shameful to accuse Dominic Ng 吴建民 , a highly respected Chinese American business and community leader, and President Biden’s pick to represent the United States on the Asia-Pacific Economic Cooperation in 2023, of treason to America, based on flimsy and unsubstantiated evidence." Read the UCA statement: https://bit.ly/3kBl0An 4 . AP News Report. According to an AP News report on February 26, 2023, the leaders of a new House select committee on China defended Democratic Rep. Judy Chu 赵美心 , saying it was abhorrent and unacceptable for a GOP lawmaker to question her loyalty to the United States based on her Chinese heritage.¶ “One of my colleagues, unfortunately, attacked Judy Chu, the first Chinese American congresswoman in the United States Congress, saying that somehow she’s not loyal to the United States. I find that offensive as an Asian American myself,” said Rep. Raja Krishnamoorthi , the ranking Democrat on the panel, about the comments last week from Rep. Lance Gooden .¶ Wisconsin Rep. Mike Gallagher , the Republican chair of the China panel who appeared with Krishnamoorthi on CBS ’ “Face the Nation,” said Gooden was out of line. “We should not question anybody’s loyalty to the United States,” Gallagher said. “That is out of bounds. It’s beyond the pale.” Gallagher said his bipartisan committee, which is officially called the “Select Committee on the Strategic Competition Between the United States and the Chinese Communist Party” was named as such “to constantly make that distinction between the party and the people.” “We must constantly be aware of going overboard as we try and win this competition with China,” he said. Read the AP News report: http://bit.ly/3IwLhI5 More Media Reports Politico. According to a Politico report on February 26, 2023, “One of my colleagues, unfortunately, attacked Judy Chu 赵美心 , the first Chinese American Congresswoman in the United States Congress, saying that somehow she’s not loyal to the United States. I find that offensive as an Asian American myself,” Rep. Raja Krishnamoorthi said of criticism last week of the California Democrat by Rep. Lance Gooden .¶ Joining Krishnamoorthi on CBS ’ “Face the Nation,” Rep. Mike Gallagher agreed with him: “We should not question anybody’s loyalty to the United States. I think that is out of bounds.” “Absolutely, we shouldn’t question anybody’s loyalty,” Gallagher added.¶ Host Margaret Brennan asked Gallagher how the American people can be sure the panel doesn’t end up as being seen as persecuting people, as in the 1950s loyalty hearings led by Sen. Joseph McCarthy (R-Wis.).¶ “Joseph McCarthy’s from my district, he’s buried in my district; we need not exhume his body and reanimate it,” Gallagher said, adding: “We must constantly be aware of going overboard as we try and win this competition with China.”¶ Read the Politico report: https://politi.co/3KBOxVn 2023/02/27 CBS News. "House China panel leaders denounce heritage-based attack on Rep. Judy Chu." https://cbsn.ws/3SEe4iz 2023/02/27 Salon. House Democrats rip MAGA Republican for 'blatantly racist' attack on Rep. Judy Chu." http://bit.ly/3Zvv9xz 2023/02/27 NBC News. " House China panel leaders defend Rep. Judy Chu after Texas Republican's attack." https://bit.ly/3xWLqjd 2023/02/25 Los Angeles Times. "GOP congressman questions her ‘loyalty.’ Rep. Judy Chu, House Democrats blast ‘racist’ rhetoric:" https://lat.ms/3ktyMVV . 2023/02/25 Business Insider. "Democratic Rep. Judy Chu, the first Chinese American woman elected to Congress, blasts a Texas GOP congressman after he questioned her loyalty to the US: 'It is racist'." http://bit.ly/3xXleoA 2023/02/25 Vanity Fair. "Democrats Denounce Rep. Lance Gooden for Questioning The 'Loyalty' of Rep. Judy Chu Following Rumors of Ties to China's Communist Party." http://bit.ly/41uG1xr 2023/02/24 The Hill. "Democrats erupt with fury after Republican questions ‘loyalty’ of Rep. Chu." http://bit.ly/3Y4rYvx 2023/02/24 Washington Post. "Democrats defend Rep. Chu against ‘xenophobic’ accusations of disloyalty to U.S." https://wapo.st/3Z6miCs . Building a Sustainable Platform and Pipeline for AAPI Leadership in Higher Education Register for this workshop webinar: http://bit.ly/3xPv6Rj Chang-Lin Tien Leadership in Education Award. Know an academically accomplished AAPI leader in Higher Education? Nominate them to the Asian Pacific Fund for the 2023 Chang-Lin Tien Leadership in Education Award! Deadline MARCH 3, 2023. For eligibility criteria and more information, go to: https://bit.ly/TienAward Asian American and Scientific Community News and Activities 1. Workshop on Asian American Trailblazers in Civil Rights. On Wednesday, March 22, 2023, the 1990 Institute and the Alice Fong Yu Alternative School invite middle and high school teachers to learn more about the Asian Americans who fought for civil rights that benefited all who call America home. By 2025, a majority of states will have requirements in place for Asian American and Pacific Islander studies be taught in school. This multifaceted event will highlight Asian American pioneers and the pivotal court cases that have changed the landscape of U.S. civil rights, including the U.S. Supreme Court decision in United States v. Wong Kim Ark (1898) that established the constitutional guarantee of birthright citizenship. The 125th anniversary of this landmark case is on March 28, 2023. Register for the event: http://bit.ly/3ZpBLgN 2. MIT Technology Review. According to a report by MIT Technology Review on February 20, 2023, Citizen, a hyperlocal app that allows users to report and follow notifications of nearby crimes, is trying to remake itself by recruiting elderly Asians.¶ Read the MIT Technology Review Report: http://bit.ly/3xVWmgZ 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 February 28, 2023 Previous Newsletter Next Newsletter

Newsletter - #334 6/2 Monthly Meeting; Influence of Hate & Extremism; CAPAC Concerns in U.S. Revoking Visas for Chinese Students; Wu Chien-Shiung #334 6/2 Monthly Meeting; Influence of Hate & Extremism; CAPAC Concerns in U.S. Revoking Visas for Chinese Students; Wu Chien-Shiung In This Issue #334 · 2025/06/02 APA Justice Monthly Meeting · Influence of Hate and Extremism Grow; Attacked Asian Professor Speaks Out · CAPAC Expressed Concerns in the U.S. Revoking Visas for Chinese Students · Chinese Students at Harvard Cancel Flights, Scramble for Legal Help After Trump Ban · U.S. Halts New Student Visa Interviews Amid Plans for Expanded Social Media Screening · Federal Judge Halts Trump’s Harvard Foreign Student Ban Amid Escalating Clash · Wu Chien-Shiung: The Chinese-American Physicist Who Changed Science But Was Denied the Nobel · News and Activities for the Communities 2025/06/02 APA Justice Monthly Meeting The next APA Justice monthly meeting will be held via Zoom on Monday, June 2, 2025 , starting at 1:55 pm ET . In addition to updates by Judith Teruya , Executive Director, Congressional Asian Pacific American Caucus (CAPAC), Joanna YangQing Derman , Program Director, Advancing Justice | AAJC, and Gisela Perez Kusakawa , Executive Director, Asian American Scholar Forum (AASF), invited speakers are: · Judy Chu , Member, U.S. House of Representative · Aki Maehara , Professor, Historian, East Los Angeles College · Ya Liu , Member, North Carolina House of Representatives · Juanita Brent , Member, Ohio House of Representative · Christina Ku and Gerald Ohn, Co-Founders, Asian American Civil Rights League · Brian Sun , Partner, Norton Rose Fulbright · Edgar Chen , Special Policy Advisor, National Asian Pacific American Bar Association (NAPABA) The virtual monthly meeting is by invitation only. It is closed to the press. If you wish to join, either one time or for future meetings, please contact one of the co-organizers of APA Justice - Steven Pei 白先慎 , Vincent Wang 王文奎 , and Jeremy Wu 胡善庆 - or send a message to contact@apajustice.org . Influence of Hate and Extremism Grow Despite Numbers Decline; Attacked Asian Professor Speaks Out The Associated Press recently reported that the number of hate and extremist groups in the United States slightly declined in 2024, but not because their influence is waning—in fact, the opposite may be true. According to the Southern Poverty Law Center (SPLC), whose annual Year in Hate and Extremism report was released Thursday, many white nationalist, anti-LGBTQ+, and anti-government ideologies have become increasingly mainstream, infiltrating politics, education, and public discourse. The SPLC counted 1,371 hate and extremist groups in 2024, down 5% from the previous year. Of these, 533 were active hate groups, a continued decline from the 1,021 peak in 2018. But researchers cautioned against reading this as progress. “The trends have slightly sort of gone up and down but let’s just say generally, since our tracking, have increased,” said Rachel Carroll Rivas, interim director of the SPLC’s Intelligence Project. “And that’s not just on a total numbers level but also on a per capita.” One reason for the drop, the SPLC says, is that extremist views are being adopted more widely, reducing the need for formal group structures. These include calls for bans on diversity, equity and inclusion (DEI) initiatives, opposition to LGBTQ+ visibility, and the rise in book bans. Anti-government groups rose to 838, with many believing the federal government is “tyrannical.” The SPLC also noted a rise in male supremacist hate groups, growing from nine to 16 in 2024. These groups promote strict gender roles and misogyny. Their emergence coincides with Vice President Kamala Harris becoming the first woman of color to win a major party’s presidential nomination. “We saw intense vilification, the claiming of demonization of Harris,” Rivas said, adding that far-right online spaces falsely portrayed women as unqualified to lead. The report’s release coincided with the public appearance of Aki Maehara , a 71-year-old Japanese American professor at East Los Angeles College who survived a violent hate crime in April. Maehara held a press conference on May 22 at the Chinese American Museum in Los Angeles to speak publicly about this violent incident he experienced, which is being investigated as a possible hate crime. On April 29, while riding his electric bicycle home in Montebello, Maehara was struck from behind by a car. The driver reportedly shouted anti-Asian slurs, including “Go back to Ch—k-land,” before fleeing the scene. Maehara sustained multiple injuries, including a concussion, fractured cheekbone, neck injury, and extensive bruising. “I am wanting to add my voice to efforts to address fascist, racist violence,” Maehara said during this press conference. A GoFundMe campaign was launched to assist with Maehara's medical expenses and recovery, raising over $82,000 as of May 27. A change.org page was also set up with the title “Demand Justice for Professor Aki Maehara: Fully Investigate This Hate Crime.” Despite being injured, Maehara has returned to teaching his course on racism in the U.S. and is considering donating part of the nearly money raised for his recovery to other victims of hate violence. “All of your support, concern and care has helped to speed up my healing,” he told supporters. Watch the full YouTube interview with Professor Maehara: Decolonizing Academia: An interview with Professor Aki Maehara, Historian, Activist In this interview, Maehara shared his experiences growing up in East LA, intergenerational trauma, Vietnam and more. CAPAC Expressed Concerns in the U.S. Revoking Visas for Chinese Students In response to Secretary Rubio saying that the U.S. will “aggressively revoke” visas for Chinese students, the Congressional Asian Pacific American Caucus (CAPAC) issued a statement pressing concerns: “The wholesale revocation of student visas based on national origin — and without an investigation — is xenophobic and wrong. “Turning these students away —many of whom simply wish to learn in a free and democratic society — is not just shortsighted but a betrayal of our values.” According to New York Times , Secretary of State Marco Rubio said the students who will have their visas canceled include people with ties to the Chinese Communist Party and those studying in “critical fields.” He added that the State Department was revising visa criteria to “enhance scrutiny” of all future applications from China, including Hong Kong. The move was certain to send ripples of anxiety across university campuses in the United States. China is the country of origin for the second-largest group of international students in the United States. Chinese Students at Harvard Cancel Trips, Scramble for Legal Help After Trump Ban According to Reuters , Chinese students at Harvard University were left reeling on Friday after the Trump administration blocked the school from enrolling international students, triggering panic, canceled flights, and widespread legal uncertainty. The administration’s order—citing allegations that Harvard had coordinated with the Chinese Communist Party (CCP), among other claims—would force current foreign students to transfer to other institutions or risk losing their legal status. The policy could potentially be expanded to include other universities as well. Zhang , a 24-year-old PhD student in physics, said the Chinese student community felt particularly vulnerable. “I think the Chinese community definitely feels like a more targeted entity compared to other groups,” he said. Fearing escalation, friends even advised him to avoid staying at his apartment in case of immigration enforcement action. “They think it’s possible that an ICE agent can take you from your apartment,” he said, requesting anonymity for safety reasons. The uncertainty caused immediate disruptions. Zhang Kaiqi , a 21-year-old master’s student in public health, had packed his bags for a flight back to China when the order hit. “I was sad and irritated. For a moment I thought it was fake news,” he said. He canceled the flight—losing both money and a summer internship with a U.S. NGO in China. Many students were especially concerned about losing visa-linked internships vital for future graduate school applications. Others scrambled for legal advice. Two Chinese students said they were added to WhatsApp groups where panicked peers shared updates and legal tips. One transcript showed a lawyer advising students not to travel domestically or leave the country until official school guidance was issued. A federal judge issued a two-week restraining order, temporarily freezing the ban. The Chinese Foreign Ministry condemned the action, warning it would damage the U.S.’s international credibility and pledging to protect the rights of Chinese students abroad. “It will only damage the image and international credibility of the United States,” the ministry said. Some Chinese families are now reconsidering the U.S. as an education destination. “It’s likely to be a final nudge toward other destinations,” said Pippa Ebel, an education consultant based in Guangzhou. Incoming Harvard master’s student Zhao , 23, said she may defer or transfer if the situation doesn’t improve. “It’s really disturbed my life plans. I had planned to apply for my U.S. visa in early June, and now I’m not sure what to do,” she said. U.S. Halts New Student Visa Interviews Amid Plans for Expanded Social Media Screening According to Politico , Associated Press , NPR , and others, the U.S. State Department has temporarily halted the scheduling of new visa interviews for foreign students, signaling a further tightening of the Trump administration’s approach toward international students. The pause, which does not affect applicants with already scheduled interviews, comes as the government prepares to implement more stringent screening of applicants' social media activity. According to a diplomatic cable signed by Secretary of State Marco Rubio and obtained by The Associated Press, consular sections have been instructed not to add "any additional student or exchange visitor visa appointment capacity" until new guidance on expanded vetting is issued. State Department spokesperson Tammy Bruce defended the move during a Tuesday briefing, saying, “We will continue to use every tool we can to assess who it is that’s coming here, whether they are students or otherwise.” The suspension, first reported by Politico , adds to a growing list of measures targeting foreign students. Just last week, the Trump administration revoked Harvard University's ability to enroll international students, a decision that was swiftly challenged in court and is now temporarily blocked. Earlier this year, the administration also revoked the legal status of thousands of international students, prompting legal battles and widespread concern. Critics argue these measures risk disrupting academic plans and damaging U.S. higher education institutions that rely heavily on international students for both diversity and revenue. Many foreign students pay full tuition, helping universities offset declining federal funding. An anonymous U.S. official told the Associated Press that the current halt is temporary, but uncertainty looms. “This kind of broad suspension without clarity creates a chilling effect on applicants and institutions alike,” the official noted. With the summer and fall terms approaching, the prolonged visa delays could significantly impact enrollment and campus life across the country. Federal Judge Halts Trump’s Harvard Foreign Student Ban Amid Escalating Clash According to Associated Press , CNN , Reuters , New York Times , and others, a federal judge has blocked the Trump administration from barring Harvard University from enrolling international students—a move the university called unconstitutional retaliation for resisting federal demands. U.S. District Judge Allison Burroughs temporarily halted the policy, which threatened to strip Harvard of its ability to host international students, who make up roughly a quarter of its student body. In its lawsuit, Harvard argued that the administration’s actions violated the First Amendment and would have an “immediate and devastating effect,” warning that the measure could force thousands of students to transfer or lose legal immigration status while damaging the university’s global standing. “Without its international students, Harvard is not Harvard,” the school said in its filing. A New York Times report sheds light on the escalating conflict between Harvard and the Trump administration. According to the report, the conflict escalated after the Department of Homeland Security, led by Secretary Kristi Noem, demanded extensive data on international students, including coursework, disciplinary records, and even video footage of student protests. While Harvard provided data it was legally required to share, it pushed back on the broader demands, calling them vague, politically motivated, and beyond the scope of federal law. The administration accused Harvard of fostering an unsafe campus environment and alleged links to the Chinese Communist Party—claims the university firmly denied. Former Harvard President Lawrence Summers condemned the government’s actions on X (formerly Twitter), calling them “madness” that risks alienating future global leaders. This confrontation reflects a broader campaign by the Trump administration to reshape the U.S. higher education, with elite universities accused of promoting "woke" ideologies, tolerating antisemitism, and resisting conservative values. Multiple federal agencies—including the Departments of Justice, Education, Health and Human Services, and the Equal Employment Opportunity Commission—have launched investigations into Harvard, focusing on admissions practices, compliance with the Supreme Court’s affirmative action ruling, and foreign funding disclosures. Harvard’s legal team contends that universities have a constitutionally protected right to manage their academic communities free from government interference, citing case law that protects not just students and faculty, but institutions themselves. Wu Chien-Shiung: The Chinese-American Physicist Who Changed Science But Was Denied the Nobel In May, during AAPI Heritage Month, the South China Morning Post published a feature story on Wu Chien-Shiung , the legendary Chinese American physicist whose groundbreaking work helped shape modern science—despite a lifetime of discrimination and under-recognition. Born in 1912 in a small village near Shanghai, Wu rose to become one of the most influential experimental physicists of the 20th century. Known as the "Queen of Physics," she played a critical role in the Manhattan Project, helping solve complex problems in uranium enrichment. Her expertise was so well regarded that when Enrico Fermi encountered a technical obstacle, the advice he received was simply: “Ask Miss Wu.” Yet, despite her pivotal contributions, Wu was excluded from the 1957 Nobel Prize awarded to Tsung-Dao Lee and Chen-Ning Yang for their theory of parity violation—an idea her meticulous experiments had confirmed. Many scientists and historians have since argued that Wu deserved a share of that honor, if not a Nobel Prize of her own. As an Asian woman in a white male-dominated field, Wu endured systemic discrimination throughout her career. FBI Director J. Edgar Hoover even referred to her as “he” in vetting documents, reflecting both racial and gender bias. She was routinely paid less than her male counterparts and had to fight for basic professional respect. Still, she persisted. Later in her life, Wu became a fierce advocate for women in science. “The traditional role of wife and mother and dedicated scientist are compatible,” she once declared, challenging both cultural and institutional barriers. She urged young girls to pursue science and questioned the belief that physics was only for men. Beyond her scientific achievements, Wu also played a quiet diplomatic role. She advised against Taiwan’s nuclear weapons ambitions and helped foster China’s scientific development during a time of strained U.S.-China relations. Though she was omitted from the recent film Oppenheimer and denied the Nobel recognition she deserved, Wu Chien-Shiung’s legacy has only grown. She has been honored with a U.S. postage stamp and a towering statue in her hometown. Wu passed away in 1997, but today she is remembered as one of the greatest experimental physicists of her era—a pioneer whose brilliance and resilience continue to inspire new generations. News and Activities for the Communities APA Justice Community Calendar Upcoming Events: 2025/05/29 U.S. v. Wen Ho Lee - 25 Years Later2025/06/01 Rep. Gene Wu's Town Hall Meeting2025/06/02 APA Justice Monthly Meeting2025/06/03 The Second Annual State of the Science Address2025/06/15 Rep. Gene Wu's Town Hall Meeting2025/06/15-18 2025 Applied Statistics Symposium2025/06/16-24 Discover China 2025: Summer Youth Exchange to the Greater Bay Area2025/06/29-30 2025 ICSA China ConferenceVisit https://bit.ly/3XD61qV for event details. # # # APA Justice Task Force is a non-partisan platform to build a sustainable ecosystem that addresses racial profiling concerns and to facilitate, inform, and advocate on selected issues related to justice and fairness for the Asian Pacific American community. For more information, please refer to the new APA Justice website under development at www.apajusticetaskforce.org . We value your feedback. Please send your comments to contact@apajustice.org . Back View PDF May 29, 2025 Previous Newsletter Next Newsletter

Newsletter - #25 10/5 Meeting Summary; Know Your Rights; America's Lost Talents By Racial Profiling #25 10/5 Meeting Summary; Know Your Rights; America's Lost Talents By Racial Profiling Back View PDF October 28, 2020 Previous Newsletter Next Newsletter

Rep. Ted Lieu delivered a bicameral coalition letter calling for an investigation into the DOJ's repeated, wrongful targeting of individuals of Asian descent for alleged espionage. July 29, 2021 On July 29, 2021, Rep. Ted Lieu delivered a bicameral coalition letter to Attorney General Merrick Garland calling for an investigation into the Department of Justice's "repeated, wrongful targeting of individuals of Asian descent for alleged espionage." "Over the years, multiple people who happened to be of Asian descent have been falsely accused by the Department of Justice of espionage," including the false accusations of spying alleged against Wen Ho Lee , Sherry Chen , Xiaoxing Xi , Anming Hu , and many others . "The common thread in every one of these cases was a defendant with an Asian surname — and an innocent life that was turned upside down." "No person should be viewed by our government as more suspicious because of the individual’s race. We thus request an update on the mandated implicit bias training and request an investigation to determine whether the Department of Justice has a written or unwritten policy, program, pattern or practice of using race (or other civil rights classifications such as religion, gender and national origin) in targeting people for arrest, surveillance, security clearance denials or other adverse actions. We also specifically request whether, under the 'China Initiative,' there is a written or unwritten policy, program, pattern or practice to target people based on their race, ethnicity or national origin." Rep. Ted Lieu delivered a bicameral coalition letter calling for an investigation into the DOJ's repeated, wrongful targeting of individuals of Asian descent for alleged espionage. Previous Next Rep. Ted Lieu Calls for Investigation of Racial Profiling of Asians

Newsletter - #214 Special Edition: Discrimination, Battle for Rights, Build Alliances, and Empowerment #214 Special Edition: Discrimination, Battle for Rights, Build Alliances, and Empowerment In This Issue #214 This is a special edition based on the APA Justice monthly meeting on August 7, 2023. A written summary of the meeting has been posted at https://bit.ly/3LWvQLK . · Updates on Florida Alien Land Bill (SB264) Lawsuit · On-The-Ground Reports about Court Hearing, Press Conference, and Protests · Chinese for Affirmative Action (CAA) · Engagement and Empowerment - APIAVote Clay Zhu 朱可亮 , Founder of Chinese American Legal Defense Alliance (CALDA) and a lead attorney of the lawsuit against Florida's discriminatory alien land law known as Senate Bill (SB264), provided an update of the lawsuit and his anticipated next steps. Echo King 金美声 , Founder and President of the newly formed Florida Asian American Justice Alliance (FAAJA), described its moments of awakening and its continuing impactful grassroots activities against SB264, along with Dr. Shuang Zhao 赵爽 , Co-President of newly formed Yick Wo Institution and a public policy and political science professor at the University of Alabama in Huntsville. Andy Wong , Managing Director of Advocacy, Chinese for Affirmative Action (CAA), and Shanti Elise Prasad , Advocacy Manager, CAA, gave a joint presentation on the history and current activities of CAA that was founded in San Francisco in 1969 to protect the civil and political rights of Chinese Americans and to advance multiracial rights of Chinese Americans and multiracial democracy in the U.S. Christine Chen , Executive Director, introduced APIAVote as the nation’s leading organization focusing on building political power by increasing our community’s access to the ballot and overall voter participation. Christine outlined the need and how the communities can transform their activities and efforts into political power and representation.Together with Nisha Ramachandran , Executive Director of the Congressional Asian Pacific American Caucus, Joanna Derman , Director of the Anti-Racial Profiling, Civil Rights and National Security Program at Advancing Justice | AAJC, and Gisela Perez Kusakawa , Executive Director of Asian American Scholar Forum, these speakers exemplify a growing movement to carry on time-tested missions and to combat new forms of discrimination for the Asian American and Pacific Islander communities. By integrating their energy and resources to build additional allies nationwide, the presence and impact of Asian Americans and Pacific Islanders will grow beyond current boundaries. Updates on Florida Alien Land Bill Lawsuit Clay Zhu reported that hearings on the emergency motion to stop the discriminatory Florida alien land law known as Senate Bill (SB) 264 were completed in July.On July 18, the Court heard both parties present their arguments. It was initially scheduled for one hour, but it actually lasted two. The judge was extremely well prepared and had many questions for both sides. It appears that the judge knows the importance and implications of this case and he is taking his time.Regardless of how the judge rules, Clay believes that the losing party will appeal. If Florida loses, it will appeal because the issue is important to the governor and his presidential campaign. "If we lose, we will one hundred percent appeal," Clay said during the meeting. The legal team is preparing for that possibility. The emergency appeal will go to the 11th Circuit Court based in Atlanta, Georgia, which is expected to be filed very shortly after the present judge issues a decision.It is typically a three-judge panel in contrast to one judge in the District Court now. The appeal will be heard and decided by the panel. Clay expressed appreciation for Florida Asian American Justice Alliance (FAAJA) organizing a rally in front of the Court House on July 18. It shows the unity and strength of our community. During the rally, Clay said, "if the Chinese people are not safe, nobody in this country is safe." On July 16, Clay gave a comprehensive presentation on his civil rights activities including the WeChat challenge. The event was hosted by FAAJA and broadcast by FCRTV 佛州华语广播电视台. Clay's presentation is available here: https://bit.ly/3OWbYdy (in Chinese). Video of the FCRTV broadcast is posted here: https://bit.ly/3Q9cTbi (in Chinese 2:05:26).According to Clay's presentation, the Trump Administration issued Executive Order (EO) 13943 on August 6, 2020 to ban WeChat, effective in 45 days. WeChat had over 19 million users in the U.S. at that time. Five lawyers led by Clay created the U.S. WeChat Users Alliance in two days. On August 21, 2020, a lawsuit was filed in the District Court in the Northern District of California. On September 19, 2020, the Court granted the plaintiffs' motion for a nationwide injunction against the implementation of EO 13943. “The loss of First Amendment freedoms, even for minimal periods of time, unquestionably constitutes irreparable injury,” the judge ruled. On June 9, 2021, the Biden Administration revoked EO 13943.Chinese American Legal Defense Alliance (CALDA) was formed after the WeChat ban was defeated.On May 8, 2023, Florida SB 264 was signed into law. On May 22, 2023, CALDA filed a lawsuit against the discriminatory alien land law. A CourtListener docket of the lawsuit is available here: https://bit.ly/43idmvB On-The-Ground Reports about Court Hearing, Press Conference, and Protests Echo King, Co-Founder and President of Florida Asian American Justice Alliance (FAAJA) gave a report on the newly formed FAAJA and its activities.April 19, 2023 was a very important day. Echo and about 100 of like-minded persons went to Tallahassee, capital of Florida, to protest the alien land bill prohibiting citizens from several countries of concern, especially targeting Chinese, Chinese citizens, and Chinese companies, from buying any type of real property with very narrow exceptions. They experienced firsthand the indifference of the legislative representatives. They were not listening.Echo put the blame on themselves for not paying attention to politics. Right outside the state capital building, they decided to establish FAAJA to fight for their own rights. Since April 19, FAAJA has turned up its volume on political awareness in the community. The FAAJA Board has 19 members, including attorneys, PhDs, professors, community leaders, and a successful business owner from all parts of Florida. It started three committees – civic engagement, user development, and political endorsement. In three short months, FAAJA has reached out and made its presence felt at events with Hispanic, Black, and other minority groups and mainstream organizations to build strong partnerships and back each other up, including the Juneteenth celebration. FAAJA has also been talking with AAPI organizations in Florida to build coalitions and promote important issues together, such as voting awareness. In the morning of the monthly meeting, FAAJA was interviewing a candidate who is running for the Florida House of Representatives. FAAJA strives to be actively engaged and get its voice heard at the state and local levels. On July 16, it hosted a webinar when Attorney Clay Zhu gave a presentation on the status of the Florida lawsuit. It has been working closely with Dr. Steven Pei to build allies. It provided a Freedom Ride with a busload of activists on their way from Orlando to Tallahassee to join the July 18 rally. Haipei Shue flew to Orlando and joined the Freedom Riders.The July 18 rally was a multi-racial, multi-state protest despite the 100-degree day. There was a long wait because the hearing was scheduled for one hour but lasted two. Over 80 persons from around the country joined and spoke at the rally. Dr. Pei and a number of people from Texas flew in and out the same day. A long list of diverse organizations including AAJC, APA Justice, CAA, C100, JACL, NAPABA, NFHA, NIAC, OCA, Stop AAPI Hate, UCA, LULAC, TMAC, Latino Justice, NAACP, and others showed their strong support.In addition to Ashley Gorski from ACLU, Anna Eskamani , an Iranian American member of the Florida House of Representatives, cleared her schedule for the day, spoke at the rally, and provided tremendous help all around. There was a lot of media coverage with about 16-17 media reports and interviews. Attorney Clay Zhu’s presentation, the Freedom Rider video, and related reports and pictures are posted at https://www.faaja.org/s-projects-side-by-side . Dr. Shuang Zhao followed Echo and gave a report on behalf of Yick Wo Institution, a new 501(c)4 nonprofit organization established in July 2023. Dr. Zhao lives in Alabama. She is a public policy and political science professor at the University of Alabama in Huntsville. Dr. Zhao and Yick Wo have been actively engaged in fighting discriminatory laws and supported FAAJA in Tallahassee. Yick Wo has a collection of researchers, university professors, and media experts to provide the general public with policy analysis to inform the Asian American community and the public about what is going on, what they can do, and how they can engage. Chinese for Affirmative Action (CAA) Andy Wong, Managing Director of Advocacy, and Shanti Elise Prasad, Advocacy Manager, gave a joint presentation on the history and current activities of Chinese for Affirmative Action (CAA). CAA was founded in 1969 to protect the civil and political rights of Chinese Americans and to advance multiracial rights of Chinese Americans and multiracial democracy in the U.S. During the 1960s, Chinese immigrant parents in San Francisco complained that their children were unable to follow classroom instructions in English. CAA founders helped these parents filed a class action lawsuit against education officials to get them to address the education needs in the public schools. The case ultimately went to the Supreme Court, which unanimously decided that the lack of supplemental language instructions in public schools for students with limited English proficiency was a violation of the Civil Rights Act of 1964. The Court determined that school districts are responsible for taking affirmative steps towards reaching the goal of providing equal education opportunities for all students. Today CAA is a progressive voice in and on behalf of the broader Asian American and Pacific Islander (AAPI) community, advocating for a whole range of systemic change on issues from immigrant rights, language access, to racial and social justice. CAA provides direct services in the San Francisco Chinatown community where CAA is headquartered. CAA has a growing policy advocacy research and communications team looking at federal and state levels, as well as a Co-Founder of Stop AAPI Hate, which is a national coalition to address anti-AAPI racism in the US. Rising tensions between the US and China have resulted in increasing targeting and blaming of Chinese and other people of Asian descent as threats to U.S. security. This scapegoating based on national security has led to a slew of racist and xenophobic policymaking at the federal and state levels and even attacks on Asian members of Congress, including earlier this year against CAPAC Chair, Congresswoman Judy Chu . In the past few years, CAA has been calling attention to these developments and working actively to defeat them in close collaboration with partners and driving narrative change on how policy and rhetoric leads to direct harm against our community members. CAA’s work with Stop AAPI Hate has included leading the national response to President Biden's investigation into the origins of COVID-19 and what proactive measures the administration needed to take to reduce the risk of backlash against our AAPI communities. CAA released a national report entitled The Blame Game on how political rhetoric inflames anti-Asian scapegoating during last year's midterm elections and offered recommendations on putting an end to the alarming trend. CAA successfully lobbied Senate Judiciary Committee leaders to oppose Casey Arrowood ’s nomination to be the next US attorney of the Eastern District of Tennessee. It was a new effort that CAA has not made before. Casey Arrowood led the prosecution of Professor Anming Hu under Trump’s “China Initiative.” Defeating Arrowood’s nomination was quite a victory for accountability. For this year, CAA met with the Senate Foreign Relations Committee and Senator Menendez’s staff to express concerns about the pending China bill that includes provisions unfairly targeting and stigmatizing Chinese and other Asian Americans, working with partners such as AAPI Montclair in New Jersey. The Brennan Center, ACLU, and others have worked on FISA reform and been building support among the civil rights community for years. It is an important opportunity for the AAPI community to lean into this fight, given the widespread civil rights abuses with Section 702, including racial profiling and bias-based surveillance of Americans. Conversations are actively underway to engage in direct advocacy. CAA appreciates APA Justice for recently bringing together a number of partners to have these conversations and looks forward to engaging in this fight along with others. On land bans, we are all dealing with a fast, emerging threat. CAA and Stop AAPI Hate partnered with Texas organizations and leaders, such as Asian Texans for Justice, Rise AAPI, Woori Juntos, and many others, and successfully defeated Senate Bill 147. There were rallies, demonstrations, and even an advocacy day to express CAA opposition. There is still a chance that the governor may bring it back. CAA drafted and circulated a national petition, including hundreds from Texas that was delivered to key lawmakers in Texas. In Florida, CAA signed on to the amicus brief in support of the lawsuit against SB 264 brought forward by plaintiffs represented by ACLU, ACLU Florida, AALDEF, DeHeng Law Offices, CALDA, and others. CAA was glad to join a rally organized by FAAJA, Yick Wo, and community members in front of the Tallahassee courthouse to protest the state's alien land law and support the lawsuit against it.Moving forward, CAA is beginning to organize an evolving effort to continue and intensify the fight against the rise of anti-Asian scapegoating on the national and state levels, deepening relationships with many monthly meeting speakers and participants and happy to link arms with new partners and working alongside other marginalized communities. Some of the CAA goals and strategies are to defeat or overturn policies based on anti-Asian scapegoating at both the state and federal levels. The chief goal for CAA is to challenge and dismantle legislation that unjustly targets Asian communities based on a racialized and xenophobic premise of national security while also remaining nimble on emerging threats. CAA is focusing on alien land bills, thinking strategically which states to engage and which partners to build relationships in the land ban fight as state legislatures get started at the beginning of 2024. Another goal is to foster narrative transportation that disrupts state voting practices and to hold lawmakers accountable. Next is to mobilize supporters and community members to engage them in direct advocacy to build solidarity across marginalized groups, centering on impacted communities and storytelling of those who have been impacted in the past and present. Andy can be reached at andywong@caasf.org . Shanti can be reached at sprasad@caasf.org Engagement and Empowerment - APIAVote Asian Pacific Islander American Vote (APIAVote) was first conceived in 1996 as a project at Organization of Chinese Americans (OCA) to increase voter participation around election times, as Asian Americans and Pacific Islanders (AAPIs) were not voting at the same levels as other communities. Christine Chen introduced APIAVote as the nation's leading nonprofit focusing on on building political power by increasing our community's access to the ballot and overall voter participation. With new organizations, leaders, and individuals energized to work on many issues such as alien land bills, this is an opportunity for us to integrate them into the APIAVote network and utilize our power of the vote. There are 29 current APIAVote partner states known as Alliance for Civic Empowerment.From 2010 to 2020, 49 states and the District of Columbia saw its AAPI population grow by double digits. The only exception was Hawaii where there is an AAPI majority. In recent years, APIAVote partners have been working in coalition with other communities in the redistricting process. Redistricting refers to the process of drawing electoral district boundaries. For the U.S. House of Representatives and state legislatures, redistricting occurs after each decennial census. A point of emphasis by Christine is that states that lost congressional seats, gains in the AAPI population prevented them from losing more seats. Growing population should translate into more community members registering and voting. 2020 saw a huge increase to nearly 60% of CPVA turnout for AAPIs (CPVA stands for Citizen Voting-Age Population). Before 2020, Christine used to say that half of her friends and families were not ready to turnout on Election Day. Despite the rapid growth, AAPIs are still lagging in voter turnout in comparison to the Black and White communities in the 2020 and 2016 presidential elections. For mid-term elections, AAPI registration has risen from 49.3% in 2006 to 61.5% in 2022 while turnout increased from 22.4% to 41.5% in 2022. They are still low compared to other communities. APIAVote strives to not only increase voter registration and turnout every four or two years, but also single year because of state and local elections. There are statewide elections in Virginia and New Jersey in 2023, as well as local elections such as mayor, city council, and education board elections in 13 states from Colorado to Texas.One area Christine focuses on is AAPI first-time voters. Political candidates in close elections look for newer voters and engage the AAPI community. In the 2022 mid-term elections, 6% of AAPI voters were first-time voters, double the overall rate of 3% for all voters.Moving vote share is a very difficult task. It requires continuous work to register voters. Christine provided snapshots of four states - Arizona, Florida, Georgia, and Texas - where alien land bills are being introduced or have passed state legislatures and the AAPI vote share is projected to increase. By working with existing and new partners, APIAVote strives to further increase both the voter registration and turnout rates in these and other states in 2024. APIAVote held an annual convening in July to begin strategic discussions on problematic and misinformation issues that may be weaponized against the AAPI communities due to tensions between the US and China. Coming out of the annual convening and her interactions with colleagues and allies, Christine reported that many are not fully aware or understand alien land laws, racial targeting, and political rhetoric are placing our communities in a difficult or threatening situation. An immediate task for Christine and APIAVote is to ensure that colleagues and allies are aware of the situation. It is even more important for AAPIs to register and vote, as well as to build more partners and allies. APIAVote plans to conduct the Norman Y. Mineta Leadership Institute regional trainings in the Fall and 2024. Christine urges new organizations to contact her if they wish to translate their activism into voter registration and turnout. Christine shared the APIAVote planned activities for 2023 and 2024. It includes a Presidential Town Hall meeting in Philadelphia on July 13, 2024, for which Christine is building an audience of about 1,500 community leaders. APA Justice will integrate these activities into the Community Calendar as more details become available. Christine can be reached at cchen@apiavote.org . Her full presentation package is available at https://bit.ly/45wE5Fg Back View PDF October 13, 2023 Previous Newsletter Next Newsletter

Newsletter - #35 Sign On To Letter To President-Elect To End DOJ's "China Initiative" #35 Sign On To Letter To President-Elect To End DOJ's "China Initiative" Back View PDF December 16, 2020 Previous Newsletter Next Newsletter

Newsletter - #186: 6/5 Meeting; Alien Land Bills Update; Xiaoxing Xi v FBI; "NIH China Initiative"; News+ #186: 6/5 Meeting; Alien Land Bills Update; Xiaoxing Xi v FBI; "NIH China Initiative"; News+ In This Issue #186 2023/06/05 APA Justice Monthly Meeting Latest on Discriminatory Alien Land Bills Warrantless Surveillance - Professor Xiaoxing Xi's Lawsuit vs FBI Moves Forward The Other "China Initiative" at The National Institutes of Health News and Events for the Communities 2023/06/05 APA Justice Monthly Meeting The next APA Justice monthly meeting will be held on Monday, June 5, 2023, starting at 1:55 pm ET. In addition to updates by Nisha Ramachandran , Executive Director, Congressional Asian Pacific American Caucus (CAPAC); John Yang 杨重远 , President and Executive Director, Advancing Justice | AAJC; and Gisela Kusakawa , Executive Director, Asian American Scholar Forum (AASF), speakers include: Elizabeth Goitein , Senior Director, Liberty & National Security Program, Brennan Center for Justice at NYU School of Law, on Warrantless Surveillance - Reauthorization of Section 702 of the Foreign Intelligence Surveillance Act (FISA) Clay Zhu 朱可亮 , Partner, DeHeng Law Offices 德恒律师事务所; Founder, Chinese American Legal Defense Alliance 华美维权同盟, with updates on Civil Lawsuit Against Florida Alien Land Law, with comments by Ashley Gorski , Senior Staff Attorney, National Security Project, American Civil Liberties Union (ACLU) and Bethany Li , Legal Director, Asian American Legal Defense and Education Fund (AALEDF) (invited) Haipei Shue 薛海培 , President, United Chinese Americans, with updates on Alien Land Bills and comments by Gene Wu 吳元之 , Member of the Texas House of Representatives. 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 . Latest on Discriminatory Alien Land Bills 1. Preemption of Real Property Discrimination Act Introduced On May 25, 2023, Congressional Asian Pacific American Caucus (CAPAC) Chair Rep. Judy Chu (CA-28) and CAPAC Housing Task Force Chair Representative Al Green (TX-09) introduced House Bill 3697 the Preemption of Real Property Discrimination Act . According to the CAPAC announcement , the legislation would preempt at the federal level state laws, like Florida’s S.B. 264, that prohibit or otherwise restrict the purchase of real property of an individual based on their country of citizenship, and tasks the Attorney General and Department of Justice with enforcement.Many states, driven by concerns about national security or commercial influence, have laws that place restrictions on the acquisition or possession of real property by foreign governments or entities. However, a recent law passed in Florida and legislation introduced elsewhere, including Texas and South Carolina, contain flat prohibitions on the purchase or acquisition of real property by the individual citizens of foreign nations. Often, the individuals targeted by these laws are citizens of Russia, North Korea, Iran, and the People’s Republic of China.Laws like Florida’s S.B. 264 are not unique to the present-day. In the 19th century, certain Americans feared that a growing population of Chinese immigrants would steal American jobs, land, and resources. This xenophobia led to the bans of Chinese individuals from land and property ownership in multiple state constitutions, and eventually to the enactment of the Chinese Exclusion Act of 1882. This federal law did not just prevent Chinese individuals from coming to the United States, but also forced Chinese Americans at home to carry papers with them at all times. Just a few decades later, during World War II, lawmakers shifted the target to Japanese immigrants, who were also subjected to exclusionary alien land laws in different states and were incarcerated due to alleged—and never proven—disloyalty.“We cannot repeat these shameful chapters of our past,” concluded Chair Chu. “That is why Congressman Green and I are introducing the Preemption of Real Property Discrimination Act, so that state laws that discriminate against individuals based on their citizenship and encourage racial profiling will be preempted at the federal level. We must ensure that we allow everyone here a fair shot at building a life and achieving their American dream.” According to CAPAC, at least 28 organizations have endorsed the legislation so far, including APA Justice. Federal Preemption: A Legal Primer. According to a report by the Congressional Research Service on May 18, 2023, the Constitution’s Supremacy Clause provides that federal law is “the supreme Law of the Land” notwithstanding any state law to the contrary. This language is the foundation for the doctrine of federal preemption, according to which federal law supersedes conflicting state laws. The Supreme Court has identified two general ways in which federal law can preempt state law. First, federal law can expressly preempt state law when a federal statute or regulation contains explicit preemptive language. Second, federal law can impliedly preempt state law when Congress’s preemptive intent is implicit in the relevant federal law’s structure and purpose. 2. APA Justice Updates Its Tracking of State Alien Land Bills and Laws As of May 28, 2023, APA Justice has identified 33 states to have introduced some form of alien land bills during its current or recent legislative session. Nine states - Arkansas, Florida, Idaho, Indiana, Montana, North Dakota, Tennessee, Utah, and Virginia - have enacted them into laws. Oklahoma sent its bill to the governor for signature on May 22, 2023.Nine other states are still in active legislative session although most states have the option of calling special sessions. At this time, Illinois, Michigan, New Jersey, and New York have showed limited movement with their respective bills. The remaining five states are: Alabama, Arizona, Louisiana, North Carolina, and South Carolina (in special session).In addition to its own research, APA Justice collects, integrates, and updates the tracking information from multiple sources. The updated map and tracking file by state are posted here: https://bit.ly/3oo5zxF . The crowdsourcing methodology is explained here: https://bit.ly/43cSRRt . Readers are encouraged to send their questions, comments, and local updates to contact@apajustice.org . 3. Oklahoma Passes and Sends Senate Bill 212 to Governor According to LegiScan and the Oklahoma Senate , Oklahoma Senate Bill 212 was passed and sent to the Oklahoma Governor for signature on May 22, 2023. No alien or any person who is not a U.S. citizen may directly or indirectly, through a business entity or trust, own land in Oklahoma unless otherwise authorized by current law. The measure requires any deed recorded with a county clerk to include an affidavit executed by the person or entity coming into title attesting that the person, business entity, or trust is lawfully obtaining the land and that no funding source is being used in the sale or transfer in violation of any states’ laws or federal law. The bill further requires an affidavit before a county clerk may record any deed. The attorney general would create a separate affidavit for individuals and for business entities or trusts to comply with this legislation. Businesses engaged in regulated interstate commerce in accordance with federal law would be exempt from this prohibition. 4. Missouri 2023 Legislative Session Ended Without Passing Alien Land Bills Missouri's 2023 legislative session ended on May 12, 2023, without passing any of the eight known alien land and property bills. According to the Kansas City Star on May 19, 2023, most big GOP priorities, including on agriculture, were blocked by filibusters and Republican infighting in the state Senate. Lawmakers are expected to try again early next year. 5. With New “Alien Land Laws” Asian Immigrants Are Once Again Targeted by Real Estate Bans According to Just Security on May 26, 2023, in Congress and in statehouses throughout the United States, lawmakers continue to introduce legislation designed to bar citizens of foreign adversaries from being able to purchase real property. Ostensibly aimed at preventing a short list of enemy governments from controlling the American food supply or spying on military facilities, these laws’ most cited rationale is fear of Chinese Communist Party (CCP) influence on American soil. Sponsors argue that such legislation would safeguard agricultural land, defense, and critical infrastructure from malign foreign influence. However, much of the legislation introduced so far extends well beyond this ambit, restricting even those with no discernable ties to the CCP or other organs of Chinese state power.These bills – which are opposed by groups including the National Asian Pacific American Bar Association - raise significant concerns regarding the balancing of national security equities against civil liberties, federal preemption grounds, and present a host of unintended consequences with the potential to harm the economies of affected states. Opponents of these bills have described such legislation as a revival of unconstitutional anti-Asian land laws — a class of law once called “alien land laws” — and an ongoing threat to the civil rights of all Asian Americans, regardless of ethnic background.Read the Just Security report: https://bit.ly/3OIpwd2 Warrantless Surveillance - Professor Xiaoxing Xi's Lawsuit vs FBI Moves Forward According to multiple media reports including AsAmNews , NBC News , Philadelphia Inquirer , and 星島日報 , Temple University Xiaoxing Xi -- a naturalized U.S. citizen and world-renowned expert in the field of superconductivity -- who was falsely accused of spying for China, will be able to bring a lawsuit against the Federal Bureau of Investigation (FBI). A federal appeals court ruled in favor of Xi, allowing the physicist to move forward with his case against the U.S. government for wrongful prosecution and violating his family’s constitutional rights by engaging in unlawful search, seizure and surveillance. In their 37-page ruling, the Third Circuit judges disagreed with a lower court judge who dismissed the original case, citing legal protections shielding government employees from many types of civil suits. They maintained that while those protections give investigators wide latitude to conduct their work without second guessing by the courts, it did not give them free rein to investigate, search, and prosecute people without probable cause.“I’m very, very glad that we can finally put the government under oath to explain why they decided to do what they did, violating our constitutional rights,” Professor Xi said in an exclusive interview with NBC News . “We finally have an opportunity to hold them accountable.” The case will now be kicked back to the district court, continuing a long legal battle. Xi, who’s represented in part by the American Civil Liberties Union (ACLU), attempted to bring a suit against the government in 2017, alleging that FBI agents “made knowingly or recklessly false statements” to support their investigation and prosecution. Xi also claimed that his arrest was discriminatory, and that he was targeted due to his ethnicity, much like other scholars of Chinese descent. A district court dismissed his case in 2021, but Xi appealed the decision last year. With the recent decision, Xi said he hopes more Asian Americans will become more activated and hold those in power accountable. “For Chinese, it used to be that people try to keep quiet and just move on with their life and just don’t do anything, don’t say anything. But now I can see that more and more people are willing to speak up,” Xi said. “I hope what I have been doing has, in some way, encouraged people to do that and of course take legal action against the government — that’s another big step on top of speaking up.” According to a press release by ACLU on May 24, 2022, the Xi family will ask the court to award damages against the U.S. government and to hold that the FBI violated the family’s constitutional rights against illegal searches and surveillance. As the complaint explains, the government used Section 702 of the Foreign Intelligence Surveillance Act to spy on Professor Xi without a warrant — in direct violation of his Fourth Amendment rights.Read the Xiaoxing Xi story: https://bit.ly/APAJ_Xiaoxing_Xi The Other "China Initiative" at The National Institutes of Health In March 2023, Science published an investigative report by Jeffrey Mervis that not only chronicled five cases of individuals, mostly Chinese or of Chinese descent, whose research careers were disrupted or ended by personnel actions taken by the US National Institutes of Health (NIH), but also provided an account of NIH's secretive and widespread "China Initiative" that was conducted in parallel to the Department of Justice's "China Initiative." On May 25, 2023, Science published an open letter titled " US 'China initiatives' promote racial bias ." The 15 authors represent thousands of members of the Society of Chinese Bioscientists in America, the Asian American Scholar Forum, the Chinese American Hematologist and Oncologist Network, and the Chinese Biological Investigators Society. "Hundreds of Chinese American scholars’ lives and careers have been disrupted or ruined, the letter said. "Both scientists and nonscientists in the United States must remain vigilant to ensure that history does not repeat itself.""Tensions between the United States and China are likely to increase, but Chinese Americans should not be treated as collateral damage. Systems that promote bigotry against individuals of any ethnic background should not be tolerated and have no place within the US government. The United States, as a leader in science and technology, must adhere to the principles that foster a culture of inclusion, diversity, and equity. This focus will help attract the best and brightest talents from abroad, including China. The NIH policies described in the News story have negatively affected Asian Americans and eroded U.S. leadership in science and technology."It was not coincidence that Michael Lauer , the NIH official most closely associated with the NIH "China Initiative," invited Science Editor-in-Chief Holden Thorp to visit him after Thorp's editorial on "Eroding Trust and Collaboration" and Mervis' report came out in March. In his editorial on May 25, 2023 , Thorp described his off-the-record session with Lauer that was followed by an on-the-record interview and a letter by Lauer and his colleague Patricia Valdez . Lauer's sudden openness is encouraging, but it is too little and too late for those who have already been ruined or adversely impacted. They have yet to be heard. We heard the story of Li Wang in Mervis's report. Within a week of receiving an email from Lauer on November 6, 2018, University of Connecticut (UConn) officials had removed Wang -- a tenured professor of physiology and neurobiology -- from her NIH grant and denied her access to the mice she used to study liver metabolism.But UConn senior administrators soon decided NIH’s claims that Wang held a position at Wenzhou Medical University and had received a grant from the National Natural Science Foundation of China did not hold up. “There is sufficient evidence to show that Dr. Wang is not formally affiliated” with Wenzhou, UConn’s then–vice president for research, Radenka Maric , wrote Lauer on November 21, and that the grant “was in fact awarded to a different Li Wang.” Through a Freedom of Information Act (FOIA) request, Mervis reported that Lauer was not willing to accept those results. Instead Lauer suggested UConn officials to contact the FBI. There was no parallel criminal action by the Department of Justice in this case to tie Lauer's hands. Wang was forced to resign on September 19, 2019. She was lucky to find another way to fight back: A collective bargaining agreement gives UConn faculty the right to seek outside, binding arbitration in employment disputes. The quasi-judicial process, which includes testimony from both sides, was conducted by the American Arbitration Association (AAA), and in November 2021 its arbitrator ruled in Wang’s favor. In a 56-page decision, AAA ordered UConn to pay Wang $1.4 million in compensation for being suspended and terminated “without just cause.”Wang declined to speak with Science , and her lawyer said a nondisclosure agreement prevents him or Wang from discussing the case. Was Li Wang counted by Lauer as a success statistic of the "NIH China Initiative?" How many Li Wangs are involved in the "NIH China Initiative?" How many of them cannot speak up and tell their stories because of nondisclosure agreements and fear of further damage? Independent reviews and reforms to present policies and practices are needed to provide realistic assurance and prevent future recurrence. The nomination of a new NIH Director is an opportunity to have a fresh start and restore the lost trust and credibility in NIH for the good of U.S. leadership in science and technology. So is a possible congressional directed study by the National Academy of Public Administration. NAPA Issues 2022 Annual Congressional Report On May 22, 2023, the National Academy of Public Administration (NAPA) released its 2022 Annual Congressional Report. NAPA is an independent, nonprofit, and non-partisan organization established in 1967 and chartered by Congress in 1984. NAPA President and CEO, Terry Gerton , talked about some of the report's highlights in a video, highlighted by the NAPA vision for a just, fair, inclusive government that strengthens communities and protects democracy. NAPA offers the public administration expertise of nearly 1,000 Academy Fellows — including former cabinet officers, Members of Congress, governors, mayors, and state legislators, as well as prominent scholars, career public administrators, and nonprofit and business executives — in producing independent research, trusted thought leadership, and strategic advice to government leaders at all levels. Social equity including increased diversity, equity, inclusion and accessibility across government is a major focus and serves as the Academy's top strategic goal. NAPA also strives to increase intergovernmental collaboration, expand agile government practices, and grow philanthropic support for its work. Read the 2022 NAPA Annual Congressional Report: https://bit.ly/3OBi6s0 . Watch the video: https://bit.ly/3MzFmUE (3:38). News and Events for the Communities 1. Columbus Asian Festival and Distribution of Yellow Whistles The Columbus Asian Festival kicked off with a Dragon Boat Race in Columbus Downtown's Bicentennial Park on May 21, 2023. Twenty teams competed for the winner’s trophy. Each team had twenty people. There were performances at the park's amphitheater. About 2,000 people were at the opening event. Vincent Wang , Co-Organizer of APA Justice and Chair of both Asian American Coalition of Ohio and Ohio Chinese American Association, is an organizer of the festival. There was also a tent at the festival to distribute yellow whistles and register voters. The Columbus Asian Festival is arguably the largest in the nation, drawing 150,000 over the Memorial Day weekend every year. The in-person event was cancelled for three years due to COVID. Additional pictures of the opening event: https://photos.app.goo.gl/ZCg9bE4gUmLJLtjs7 2. Meet Ming-Tung “Mike” Lee - Newly Appointed President of Sonoma State University On May 24, 2023, the California State University (CSU) Board of Trustees appointed Ming-Tung “Mike" Lee to serve as president of Sonoma State University. Lee has served as the university's interim president since August 2022. Lee joined Sonoma State in 2022 after a long and distinguished career at Sacramento State where he led university divisions on different occasions. Lee earned a bachelor's degree in literature from Tunghai University in Taichung, Taiwan, and a master's degree in international commerce and a Ph.D. in business administration from the University of Kentucky. Read the CSU announcement: https://bit.ly/424gTga 3. Meet Helen Xia - One Woman Fought Bigotry and Helped Change the Way Asian Americans See Themselves According to the Los Angeles Times on May 24, 2023, Helen Zia 谢汉兰 -- journalist, writer, activist -- fought with her father to go to college. She went on to become one of the first women to graduate from Princeton in 1973. While there, she successfully lobbied to start an Asian American Students Association. A few years later, she demanded that authorities in Detroit handle the slaying of a Chinese American man, Vincent Chin , as a hate crime. Later, her books and articles would showcase the violence and discrimination faced by Asian Americans. “Where we are today,” she continued, “is a consequence of so many things that we, some of us, have been predicting for some time.” Among those changes is the growing numbers of people of color, which some members of society find threatening. To Helen, the important thing is her work, not herself. “I’m an example of speaking up,” she said. “Never a role model.” In January 2002, she co-authored with Wen Ho Lee My Country Versus Me, which reveals Lee's experiences as a Los Alamos scientist who was falsely accused of being a spy for the People's Republic of China in the "worst case since the Rosenbergs." Read the Los Angeles Times report: https://lat.ms/42bQXio and visit her personal website . 4. Meet Joe, Mathias, and Stephenson - Asian Americans in Major League Baseball On May 23, 2023, MLB.com reported that on April 21, 2023, Connor Joe , Mark Mathias and Robert Stephenson combined to, in the words of Mathias, “put on for the community.” Joe, who identifies as Chinese American, reached base four times and scored twice. Mathias, who also identifies as Chinese American, recorded a two-run single. Stephenson, who identifies as Filipino American, pitched a scoreless seventh inning, recording his third hold. On this night, three Asian American men donning the black and gold played roles in a 4-2 Pirates win -- a win that served as a testament to the increasing influence of Asian Americans not just in baseball, but sports as a whole. Joe, Mathias and Stephenson are among the many Asian Americans who have played in the Majors this season, a list that includes names such as Christian Yelich , Lars Nootbaar , Anthony Volpe , Travis d’Arnaud , Kolten Wong and Steven Kwan . The presence of Asian Americans in Major League Baseball dates back to 1956, when Bobby Balcena (Filipino American) became the first Asian American to play in the league. In 1983, Lenn Sakata (Japanese American), became the first Asian American to participate in -- and win -- a World Series. In 2008, Don Wakamatsu became MLB’s first Asian American manager. Dave Roberts and Travis Ishikawa (Japanese American) orchestrated two of the millennium’s most memorable postseason moments. Read the MLB.com report: https://atmlb.com/429j1mG Subscribe to The APA Justice Newsletter Complete this simple form at https://bit.ly/2FJunJM to subscribe. Please share it with those who wish to be informed and join the fight. View past newsletters here: https://bit.ly/APAJ_Newsletters . Back View PDF May 29, 2023 Previous Newsletter Next Newsletter

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