AAJC and ALC have filed an amicus brief in United States v. Feng "Franklin" Tao, providing significant evidence of racial profiling against Asian American and immigrant scientists and researchers. August 20, 2020 AAJC Press Release On August 20, 2020, Advancing Justice – AAJC and Advancing Justice – ALC filed an amicus brief in United States v. Feng "Franklin" Tao (陶丰教授), providing significant evidence of racial profiling against Asian American and immigrant scientists and researchers. The two Asian American civil rights organizations submitted the brief in support of Dr. Feng “Franklin” Tao to show opposition to the government’s increased efforts to profile and target Chinese American scientists and researchers based on ethnicity under the pretext of ferreting out economic espionage. In United States v. Tao, Dr. Tao, a tenured engineering professor at the University of Kansas, is fighting criminal allegations for not disclosing to the University an alleged affiliation with a university in China. “Failure to disclose information on a university form is not economic espionage,” said John C. Yang, president and executive director of Advancing Justice – AAJC. “Xenophobia from leadership and agents within the U.S. government has translated to real consequences for the Chinese and Asian American community. Chinese scientists and researchers, like Dr. Tao, are caught in the Department of Justice’s broad net for prosecutions and sudden criminalization of minor infractions and we are deeply concerned with the pattern of misguided suspicion and racial discrimination we are seeing in these cases.” The government has been mounting a broad campaign scrutinizing and targeting Chinese American scientists and researchers through the China Initiative. Fueled by xenophobia, the China Initiative was adopted by the Department of Justice in 2018 for the purported purpose of combating economic espionage. The China Initiative is part of the latest wave of xenophobia against Chinese and Asian Americans and follows a long history of Asian Americans and immigrants being criminalized, stereotyped as “perpetual foreigners,” scapegoated, and profiled as spies disloyal to the United States. “The government needs to prosecute people who steal national security and trade secrets, but targeting people of Chinese descent for investigation without evidence of wrongdoing is not how to do that,” noted Glenn Katon, litigation director at Advancing Justice - Asian Law Caucus and former Department of Justice trial attorney. “Bringing dubious charges against people like Dr. Tao, for conduct the government would not have known or cared about but for the China Initiative, is discriminatory and a waste of resources.” We have seen a surge in prosecutions as the government increases pressure on academic institutions to criminalize previously administrative issues and federal agencies to increase prosecution efforts across the country. Data and individual cases of wrongful arrests and prosecutions along with biased rhetoric from public officials reveal that racial bias exists in the charging, prosecution, and sentencing of Chinese, Asian Americans, and immigrants. The amicus brief addresses the government’s broad campaign to scrutinize and target Chinese American scientists and researchers and discusses how the government’s xenophobic and overzealous prosecutions does real harm to the individual lives of Chinese and Asian Americans and immigrant communities. Read the brief here . AAJC and ALC have filed an amicus brief in United States v. Feng "Franklin" Tao, providing significant evidence of racial profiling against Asian American and immigrant scientists and researchers. Previous Next Two Asian American Civil Rights Organizations Submit Amicus Brief in United States v. Tao

Mingqing Xiao Previous Item Next Item

August 26, 2018 On August 26, 2018, CBS 60 Minutes rebroadcast " Collateral Damage " nationwide with updates on the stories of Sherry Chen and Professor Xiaoxing Xi. Bill Whitaker reported on these and other innocent Chinese Americans wrongly accused of espionage-related crimes as the U.S. steps up the fight against Chinese theft of U.S. trade secrets and intellectual property. 60 Minutes Overtime, titled " The Spy Who Wasn't, " further describes that "[a]s innocent Chinese Americans are being accused as spies, the impact on them and their families lasts far beyond the legal fees and dropped charges." Sherry Chen and Professor Xiaoxing Xi are not the only Asian American victims of racial discrimination in U.S. history . Collateral damage for Chinese American scientists is also not a recent occurrence by chance. The Chinese Exclusion Act prohibited all immigration of Chinese laborers beginning in 1882. Subsequent amendments expanded the exclusion to all Asians. It was one of the most explicitly discriminatory laws based on race and national origin in U.S. history. The Chinese Exclusion Act and its amendments were not repealed until 1943. More on the Chinese Exclusion Act is available here . During the Second World War, about 120,000 Japanese were interned under Executive Order 9066, about two thirds of them were native-born American citizens. Most of them were uprooted from their homes in the West Coast and sent to relocation centers for suspicion of disloyalty to the United States. Previous Next The Profiling of Asian Americans

The Trump administration recently announced Presidential Proclamation 10043 (PP 10043) - "Suspension of Entry as Nonimmigrants of Certain Students and Researchers From the People's Republic of China." May 29, 2020 On May 29, 2020, the Trump administration announced Presidential Proclamation 10043 (PP 10043)" Suspension of Entry as Nonimmigrants of Certain Students and Researchers From the People's Republic of China ." By September 9, 2020, CNBC reported that over 1,000 visas for Chinese nationals were cancelled because they were deemed security risks with military ties. These students were not given any explanation as to why their visas were revoked under the Proclamation, nor any opportunity to challenge the revocation. According to The College Post on February 5, 2021, Visa restrictions may block one-fifth of Chinese graduate STEM enrollment annually. On June 10, 2021, the American Council on Education (ACE) sent a letter , co-signed by a number of higher education associations, to the U.S. Department of State under the Biden administration outlining concerns about the application of Presidential Proclamation 10043 on student and scholar visa applications at U.S. embassies/consulates. On August 10, 2021, Forbes reported that " Biden Keeps Costly Trump Visa Policy Denying Chinese Grad Students ." On September 15, 2021, a Department of State Federal Register notice announced the Secretary of State's delegation of authority to the Assistant Secretary for Consular Affairs to make national interest determinations under the PRC "Military-Civil Fusion Strategy proclamation to exempt students and researchers who would be otherwise covered by the entry bar under that proclamation, but "whose entry would be in the national interest, as determined by the Secretary of State, the Secretary of Homeland Security, or their respective designees." On June 27, 2022, a civil lawsuit was filed in the U.S. District Court for the Central District of Illinois Urbana Division. Led by a professor of Mathematics and Electrical and Computer Engineering at the University of Illinois at Urbana-Champaign and a group of students affected by the PP10043 ban, the lawsuit challenges the U.S. Government's continuing efforts to ban the entry of Chinese nationals who seek to study at U.S. universities. The Trump administration recently announced Presidential Proclamation 10043 (PP 10043) - "Suspension of Entry as Nonimmigrants of Certain Students and Researchers From the People's Republic of China." Previous Next Presidential Proclamation 10043

Yu Zhou, Li Chen Previous Item Next Item

A group of Chinese citizens who live, work, study, and raise families in Florida filed a lawsuit to combat Florida’s discriminatory property law, SB 264. May 22, 2023 Legal Docket : SHEN v. SIMPSON (4:23-cv-00208) On May 22, 2023, a group of Chinese citizens who live, work, study, and raise families in Florida, as well as a real estate brokerage firm in Florida that primarily serves clients of Chinese descent, filed a lawsuit to combat Florida’s discriminatory property law, SB 264. Signed by Gov. Ron DeSantis, the legislation unfairly restricts most Chinese citizens — and most citizens of Cuba, Venezuela, Syria, Iran, Russia, and North Korea — from purchasing homes in the state. Unless the courts act, the law became effect on July 1, 2023. The plaintiffs are represented by the American Civil Liberties Union, the ACLU of Florida, DeHeng Law Offices PC 德恒律师事务所, the Asian American Legal Defense and Education Fund (AALDEF), and Quinn Emanuel Urquhart & Sullivan, LLP , in coordination with the Chinese American Legal Defense Alliance 华美维权同盟 (CALDA). The lawsuit argues that SB 264 will codify and expand housing discrimination against people of Asian descent in violation of the Constitution and the Fair Housing Act. It will also cast an undue burden of suspicion on anyone seeking to buy property whose name sounds remotely Asian, Russian, Iranian, Cuban, Venezuelan, or Syrian. Gov. DeSantis has argued that this law is necessary to protect Florida from the Chinese Communist Party and its activities. But this misguided rationale unfairly equates Chinese people with the actions of their government, and there is no evidence of national security harm resulting from real estate ownership by Chinese people in Florida. Florida’s dangerous new law recalls similar efforts over the past century to weaponize false claims of “national security” against Asian immigrants and other marginalized communities. In the early 1900s, politicians across the country used similar justifications to pass “ alien land laws ” prohibiting Chinese and Japanese immigrants from becoming landowners. These racist policies not only hurt immigrants financially, but also severely exacerbated violence and discrimination against Asian communities living in the United States. Over time, these laws were struck down by the courts or were repealed by state legislatures because they violated the Constitution’s equal protection guarantees. A group of Chinese citizens who live, work, study, and raise families in Florida filed a lawsuit to combat Florida’s discriminatory property law, SB 264. Previous Next Lawsuit Against Florida Senate Bill 264

Haizhou Hu Previous Item Next Item

The House of Representatives has passed H.Res. 908, a resolution condemning all forms of anti-Asian bigotry as related to COVID-19. September 17, 2020 On September 17, 2020, the House of Representatives passed H.Res. 908, a resolution condemning all forms of anti-Asian bigotry as related to COVID-19. The resolution, introduced by CAPAC First Vice Chair Rep. Grace Meng, is a response to the over 2,600 reported anti-Asian hate crimes and incidents in recent months which have been driven by misperceptions about the coronavirus and how it spreads. The resolution reads as follows: (1) calls on all public officials to condemn and denounce any and all anti-Asian sentiment in any form; (2) recognizes that the health and safety of all Americans, no matter their background, must be of utmost priority; (3) condemns all manifestations of expressions of racism, xenophobia, discrimination, anti-Asian sentiment, scapegoating, and ethnic or religious intolerance; (4) calls on Federal law enforcement officials, working with State and local officials-- (A) to expeditiously investigate and document all credible reports of hate crimes and incidents and threats against the Asian-American community in the United States; (B) to collect data to document the rise of incidences of hate crimes due to COVID–19; and (C) to hold the perpetrators of those crimes, incidents, or threats accountable and bring such perpetrators to justice; and (5) recommits United States leadership in building more inclusive, diverse, and tolerant societies-- (A) to prioritize language access and inclusivity in communication practices; and (B) to combat misinformation and discrimination that put Asian Americans at risk. The House of Representatives has passed H.Res. 908, a resolution condemning all forms of anti-Asian bigotry as related to COVID-19. Previous Next House Resolution Condemns All Forms of Anti-Asian Sentiment Related to COVID-19

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

Racial Profiling Alien Land Bills Alien land bills, also known as alien land laws upon passage, have historically restricted the landownership and property rights of immigrants, particularly those of Asian descent. They are being revived today. Dive into the issue Latest developments Court Hearing and A New Movement Emerges This is your News article. It’s a great place to highlight press coverage, newsworthy stories, industry updates or useful resources for visitors. Lawsuit Against Florida Senate Bill 264 This is your News article. It’s a great place to highlight press coverage, newsworthy stories, industry updates or useful resources for visitors. Texas House Bill 1075 and Senate Bill 552 This is your News article. It’s a great place to highlight press coverage, newsworthy stories, industry updates or useful resources for visitors. Campaign to Oppose The Nomination of Casey Arrowood This is your News article. It’s a great place to highlight press coverage, newsworthy stories, industry updates or useful resources for visitors. More News Research Grant Politicization Research grants to organizations and academics with Chinese ties have become politicized, posing a threat to apolitical, peer-reviewed science. Learn More Chinese Exclusion Act The Chinese Exclusion Act was passed in 1882, which Iowa Congressman John Kasson described as "one of the most vulgar forms of barbarism." Learn More Learn more about related issues Featured: Interactive map Tracking Alien Land Bills The Committee of 100 launched an alien land bill tracker and a companion interactive map on December 15, 2023. This database tracks and maps state and federal bills that target property ownership by non-citizens, particularly from countries like China. These resources are updated four times a year in March, July, October, and December. Committee of 100: 2024 Alien Land Bill Tracker and Map Committee of 100: 2023 Alien Land Bill Tracker and Map In early 2023, APA Justice launched an interactive Alien Land Bill tracker with an interactive map to monitor restrictive state land ownership legislation. Following collaborative efforts, the Committee of 100 launched its own Alien Land Bill tracker and interactive map on December 15, 2023. Subsequently, APA Justice discontinued updates to its original tracker and map. As of May 28, 2023, there are 33 states known to have introduced some form of alien land and property bills in the current or recent legislative session. A few had passed and signed into state law; some have died; others were still pending. Original state-by-state links to the legislations and map were provided as community resources. They were collected from multiple sources including research by APA Justice, Advancing Justice | AAJC, Committee of 100, National Agricultural Law Center, Project South, media reports, and crowdsourcing. California's 1913 Alien Land Law During the APA Justice monthly meeting on April 3, 2023, Paula Madison, businesswoman and retired executive from NBCUniversal, proposed a proactive and assertive national media alert network for the Asian American community. The idea was prompted by the challenge of Texas Senate Bill 147 (SB147) and the revival of discriminatory alien land bills. While this bill was introduced in Texas, the implications nationally and globally were huge. It was decided that a roundtable will be convened to further discuss the development and implementation of the concept and strategies for the near term and the longer term. Following a discussion with the Asian American Journalists Association on April 10, 2023, the virtual Inaugural Roundtable was hosted by APA Justice on April 17, 2023. April 2023 Meeting Apr. 3rd 2023 National Media Network Read More According to the Equal Justice Initiative , on May 3, 1913, California enacted the Alien Land Law, barring Asian immigrants from owning land. California tightened the law further in 1920 and 1923, barring the leasing of land and land ownership by American-born children of Asian immigrant parents or by corporations controlled by Asian immigrants. The 1913 California Alien Land Law was one of the earliest and most influential U.S. laws specifically restricting Asian immigrants' land ownership rights. Anti-Asian land restrictions had been developing, especially on the West Coast, influenced by widespread anti-Asian sentiment. California's law became a model for similar legislation in other states. California did not stand alone. Arizona, Arkansas, Florida, Idaho, Kansas, Louisiana, Missouri, Minnesota, Montana, New Mexico, Oregon, Texas, Utah, Washington, and Wyoming all enacted discriminatory laws restricting Asians’ rights to hold land in America. In 1923, the U.S. Supreme Court reviewed various versions of the discriminatory land laws—and upheld every single one. Most of these discriminatory state laws remained in place until the 1950s, and some even longer. California's 1913 Alien Land Law According to the Equal Justice Initiative , on May 3, 1913, California enacted the Alien Land Law, barring Asian immigrants from owning land. California tightened the law further in 1920 and 1923, barring the leasing of land and land ownership by American-born children of Asian immigrant parents or by corporations controlled by Asian immigrants. The 1913 California Alien Land Law was one of the earliest and most influential U.S. laws specifically restricting Asian immigrants' land ownership rights. Anti-Asian land restrictions had been developing, especially on the West Coast, influenced by widespread anti-Asian sentiment. California's law became a model for similar legislation in other states. California did not stand alone. Arizona, Arkansas, Florida, Idaho, Kansas, Louisiana, Missouri, Minnesota, Montana, New Mexico, Oregon, Texas, Utah, Washington, and Wyoming all enacted discriminatory laws restricting Asians’ rights to hold land in America. In 1923, the U.S. Supreme Court reviewed various versions of the discriminatory land laws—and upheld every single one. Most of these discriminatory state laws remained in place until the 1950s, and some even longer.

Nearly two years later, a 21-year-old Texas man who attempted to kill an Asian man and his young child has pleaded guilty to federal hate-crime charges. February 24, 2022 On February 24, 2022, the Washington Post published Texas man accused of attacking Asian family over racist coronavirus fears pleads guilty to hate-crime charges . A 21-year-old Texas man, Jose Gomez III, who attempted to kill an Asian man and his young child because he thought they were Chinese — and therefore, he said, responsible for the coronavirus pandemic — has pleaded guilty to federal hate-crime charges. He slashed the 6-year-old boy’s face. “The blade entered millimeters from [the boy’s] right eye, split his right ear, and wrapped around to the back of his skull,” prosecutors said. Gomez then stabbed a White employee who had intervened to stop the attack. Justice Department officials said that while Gomez was pinned down after being subdued, he yelled to the family, “Get out of America!” Gomez later told local authorities that he had never seen the father before but had perceived him as a “threat” because he supposedly “came from the country who started spreading the disease around.” He admitted to trying to kill the father and the 6-year-old in an effort to “stop the threat.” Gomez pleaded guilty to three counts of committing a hate crime and faces a maximum sentence of life in prison and a total of $750,000 in fines. Nearly two years later, a 21-year-old Texas man who attempted to kill an Asian man and his young child has pleaded guilty to federal hate-crime charges. Previous Next Texas man accused of attacking Asian family over racist coronavirus fears pleads guilty to hate-crime charges

The NIH and the FBI are targeting ethnic Chinese scientists, including U.S. citizens, searching for a cancer cure. June 13, 2019 On June 13, 2019 Bloomberg Businessweek published The U.S. Is Purging Chinese Cancer Researchers From Top Institutions . The NIH and the FBI are targeting ethnic Chinese scientists, including U.S. citizens, searching for a cancer cure. It includes the first account of what happened to Xifeng Wu. The NIH and the FBI are targeting ethnic Chinese scientists, including U.S. citizens, searching for a cancer cure. Previous Next The U.S. is purging Chinese scientists in a new Red Scare