Search this site
581 results found with an empty search
- #82 Professor Anming Hu Acquitted!!! More On The DOC Internal Review Report
Newsletter - #82 Professor Anming Hu Acquitted!!! More On The DOC Internal Review Report #82 Professor Anming Hu Acquitted!!! More On The DOC Internal Review Report Back View PDF September 10, 2021 Previous Newsletter Next Newsletter
- #257 6/3 Monthly Meeting; Clear & Fair Law Enforcement; FBI Forum; China Initiative 2.0; +
Newsletter - #257 6/3 Monthly Meeting; Clear & Fair Law Enforcement; FBI Forum; China Initiative 2.0; + #257 6/3 Monthly Meeting; Clear & Fair Law Enforcement; FBI Forum; China Initiative 2.0; + In This Issue #257 · 2024/06/03 APA Justice Monthly Meeting · An Urgent Call for Clear and Fair Law Enforcement Guidelines and Procedures for Research Security · A Dialogue Between Academic/APA Communities and The FBI · Condemning Yet Another Attempt to Reinstate The China Initiative · News and Activities for the Communities 2024/06/03 APA Justice Monthly Meeting The next APA Justice monthly meeting will be held via Zoom on Monday, June 3, 2024, starting at 1:55 pm ET.In addition to updates by Nisha Ramachandran , Executive Director, Congressional Asian Pacific American Caucus (CAPAC); Joanna YangQing Derman , Director, Advancing Justice | AAJC; and Gisela Perez Kusakawa , Executive Director, Asian American Scholar Forum (AASF), confirmed speakers are: · Tam Dao , Assistant Vice President for Research Security, Office of Innovation, Rice University, will report on the future of the National Science Foundation (NSF)’s Research on Research Security program · Haipei Shue , President, United Chinese Americans, will report on the 2024 Chinese American Convention · Jeremy Wu , Co-Organizer, APA Justice, will preview an alpha version of a web page on exonerated Professor Anming Hu · Anming Hu , Professor, University of Tennessee at Knoxville, will give an update of his situation and his family since the end of his ordeal under the China Initiative. 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 . An Urgent Call for Clear and Fair Law Enforcement Guidelines and Procedures for Research Security On May 27, 2024, Neal Lane* , Steven Pei* , and Jeremy Wu* posted a public commentary, urgently calling for the FBI, Homeland Security Investigations (HSI), and other federal law enforcement agencies to coordinate their policies using comparable principles with the National Science and Technology Council (NSTC) and set clear, fair guidelines and procedures. The U.S. science and technology enterprise is unparalleled, and its contribution to the security and well-being of the American people is indisputable. In recent years, however, federal initiatives intended to protect American science and technology have strayed from their purpose and are rendering our nation increasingly unable to attract and retain science and technology talent – putting our competitive edge at risk during an era of techno-competition with key competitors.Our scientific success is rooted in core values, including collaboration, honesty, transparency, integrity, the fair competition of ideas, and the protection of intellectual capital. Some foreign entities do not share these values and are working to illicitly acquire our research and innovation. This necessitates laws – and law enforcement.But it is vital that law enforcement guidelines and procedures be clear and fair for maintaining public trust, upholding individual rights, and promoting accountability and consistency within the justice system. Otherwise, we can expect our competitive edge in science and technology to wane, as well as our standing as a leading democracy.The authors address the China Initiative which subjected hundreds of researchers to investigations, with none convicted of espionage, but instilling fear and confusion within academic and research institutions. Since the end of the China Initiative, foreign researchers, students, green card holders, and American citizens have continued to face difficulties at U.S. ports of entry. These incidents raise concerns about the criteria for secondary inspections and highlight a communication gap between policymakers and law enforcement. The U.S., long a leader in science and technology due to attracting global talent, risks losing this advantage if law enforcement does not follow clear, fair policies. This is exemplified by the declining U.S. share of top AI talent and a significant drop in Chinese students studying in the U.S., with China now educating more scientists and engineers domestically than the U.S.Protecting intellectual property and national security is critical. But these initiatives must be balanced with protecting individual rights, welcoming foreign talent, and encouraging international basic research collaboration. Otherwise, we risk repeating past mistakes. There is a way forward.With its sharp focus on research security, the White House Office of Science and Technology Policy (OSTP) has set a balanced path to guide policies of federal agencies that support research. There is a similar need for the FBI, HSI, and other federal law enforcement agencies to coordinate their policies using comparable principles and set clear, fair guidelines and procedures.Given OSTP’s unique role and capability within NSTC, it should also coordinate with all key law enforcement agencies to close the apparent gap in communication between national science and technology policy set by NSTC and agents at the forefront of law enforcement. In doing so, it can protect America’s security and economic competitiveness while minimizing the unintended negative impact and associated chilling effects on the science and technology community. * Dr. Neal Lane is Senior Fellow in Science and Technology Policy, Baker Institute, Rice University, and Former Director, Office of Science and Technology Policy at the White House. Dr. Steven Pei is Co-Organizer of APA Justice; Founding Chair of United Chinese Americans; and Professor at the University of Houston. Dr. Jeremy Wu is Co-Organizer of APA Justice; Member of Committee of 100; and Retired from the Federal Government. Read the full commentary: https://bit.ly/4bVdN38 A Dialogue Between Academic/APA Communities and The FBI On June 6, 2024, the Baker Institute and the Office of Innovation at Rice University, the Texas Multicultural Advocacy Coalition, and APA Justice will co-host a hybrid forum titled "A Dialogue Between Academic & APA Communities and The FBI."In 2022, the Department of Justice ended its China Initiative — a strategy to counter Chinese espionage and threats to U.S. research security — after academic and civil rights groups raised concerns about bias and damage to the United States' scientific enterprise. Since then, however, reports of border entry issues have increased for Chinese academic researchers and graduate students.This event brings together Jill Murphy, deputy assistant director of counterintelligence at the FBI, and the leadership of the FBI’s Houston field office for a dialogue with members of the academic and Asian American communities. It will examine gaps between federal science and technology policy and its implementation — particularly in the context of law enforcement at the U.S. border. It will also explore the possibility of establishing a regular communication channel between the academic and Asian American communities with FBI field offices.Read and register to attend the open and free event in person by visiting this Rice University web page: https://bit.ly/4awKUsZ Register to attend the forum via Zoom: https://bit.ly/3wjg759 . For more details about the forum, visit this APA Justice web page: https://bit.ly/3wNL2Xi Condemning Yet Another Attempt to Reinstate The China Initiative During the House Judiciary Committee Markup Meeting on May 22, 2024, Ranking Member Jerrold Nadler (D-NY) delivered the following opening statement in strong opposition to H.R. 1398, the “Protect America’s Innovation and Economic Security from CCP Act,” which is another attempt to reinstate the China Initiative. "Mr. Chairman, in 2018 the Trump Justice Department launched what it called the “China Initiative”. While it was ostensibly designed to counter efforts by the Chinese government to steal American intellectual property, the program ultimately had few successes. For nearly four years, the National Security Division brought a series of unsupportable cases against Chinese academics at the height of their careers. The government was forced to drop many of these prosecutions. Others failed in court. Even more were overturned on appeal. The China Initiative was born out of the understanding that a strategic priority of the United States is countering national security threats from China. Had the DOJ gone in a different direction from this starting point, we might be here lauding the successes of the “defend U.S. trade secrets program.” Instead, the Trump DOJ invested significant resources into targeting individuals of Chinese descent working in the United States, diverting crucial funding and personnel that could have been used to combat economic espionage and trade secret theft across the board. But the China Initiative did not just waste valuable resources. Rather than keeping Americans safe, the China Initiative divided workplaces, ruined careers, and contributed to anti-Asian hate. If you were a person of Chinese descent working in American higher education, you were a suspect. Rather than keeping America safe, the China Initiative divided workplaces, ruined careers, and contributed to Anti-Asian hate at the height of the pandemic, when tensions were already high. Many of my colleagues who served on this Committee during the pandemic remember the vitriol, the carless word choice, and the characterization of “otherness” directed at Asian Americans during that time. Programs like the China Initiative, with its explicit targeting of Chinese citizens working in the United States, only served to amplify these tensions. For many of us, the clear drawbacks and minimal successes of the program were obvious in real time, and I am proud to say that I opposed the China Initiative throughout its short existence. And I was glad to see the program ended in early 2022 by the Biden Administration. Unfortunately, this legislation, which would establish a “CCP Initiative” at the National Security Division, would simply reestablish the China Initiative by another name. My colleagues across the aisle have repeatedly suggested that without the China Initiative, we as a country are not being “tough on China.” But what the majority fails—or refuses—to realize is that programs like these are wholly ineffective at protecting our intellectual property. In fact, they do the opposite. During its four-year tenure, the China Initiative stifled innovation by discouraging foreign talent from moving to American companies and prevented Chinese researchers from accepting positions at our institutions of higher learning. We cannot quantify those missed opportunities. There is no way to know what inventions never came to be, but we can realize when we made a mistake, and move on. This bill would prevent us from doing so. I appreciate that my colleagues have been circumspect when talking about the national security threat posed by China. But it is imperative that we differentiate the many people who live and work in the United States from the threat posed by the government of China, not just in our words but in our actions. It is also concerning that this bill would reestablish a pillar of a program that was repeatedly used to target Chinese professors working at American research institutions.Countries around the world send their best and brightest to the United States for education and to perform valuable research in our academic institutions. But instead of welcoming their contributions to our economy and to our society, programs like the China Initiative encourage them to take their training and their talents elsewhere. In a September 2022 report by the Asian American Scholar’s Forum, researchers found that between December 2021 and March 2022, 42 percent of the over 1,300 faculty members surveyed nationwide reported being fearful of conducting research in the U.S. A further 61 percent felt pressure to leave the U.S., and 45 percent intended to avoid federal grant applications. It is foolhardy to punish China by harming American innovation, but by discouraging researchers from working here, that is exactly what we did. The IP Subcommittee has conducted several bipartisan hearings on the threat posed by the Chinese government’s theft of trade secrets. Democrats and Republicans agreed that there is a real, significant threat to our national security. But this Committee has more important things to do than revisit failed Trump-era programs. If anything, we should expend our oversight resources ensuring that the DOJ is not simply following the practices of the China Initiative in all but name today. This legislation would take us in the opposite direction. I oppose the bill, I encourage my colleagues to do the same, and I yield back the balance of my time." Watch Rep. Nadler's opening remarks: https://www.youtube.com/watch?v=VVlXiH1m5uM (5:05). Read the press release: https://bit.ly/3Kf1hjj ***** On May 22, 2024, the Asian American Scholar Forum (AASF) issued a statement to condemn the House Judiciary Committee mark-up vote of HR 1398 “Protect America’s Innovation and Economic Security from CCP Act,” and all efforts to reinstate the discriminatory "China Initiative" program. HR 1398 would reestablish the "China Initiative"—a program that raised serious concerns of racial profiling and targeting of Asian Americans and immigrants, particularly of Chinese descent. The reinstatement of the “China Initiative” would have devastating consequences especially for Asian American scholars, many of whom had their lives upended as a result of the harmful Initiative. Gisela Perez Kusakawa , AASF Executive Director, said, "with this most recent attempt to reinstate the China Initiative, we are reminded yet again of discriminatory investigations that create a ‘living hell’ for researchers and their families. There is absolutely no reason for us to take a step back and reinstate a policy that has deeply harmed so many and led to a widespread chilling effect for our communities, especially during Asian American, Native Hawaiian, and Pacific Islander Heritage Month. While AASF has worked diligently to build bridges and foster trust at the federal level, we also closely monitor the work of our legislators and stand firm in our opposition to any attempt at reinstating the ‘China Initiative,’ including HR 1398. We will continue to work toward healing, trust, and academic equality for all, but this will not be possible if this Initiative is reinstated. Our country is made stronger when Asian Americans and immigrants are able to contribute freely without fear of discrimination or harm—and any legislation from Congress should be a reflection of that.”Read the AASF statement: https://bit.ly/3UXmljr . 2024/05/24 Foreign Policy: When Knowledge Stops at the Water’s Edge 2024/05/24 Tech Policy: When National Security Concerns Become Unjust: Preventing a Second "Yellow Peril" News and Activities for the Communities 1. APA Justice Community Calendar Upcoming Events: 2024/06/03 APA Justice Monthly Meeting2024/06/06 A Dialogue Between Academic/AAPI Communities with The FBI2024/06/20 U.S.-China Relations: Untangling Campaign Rhetoric & Understanding Policy – Teachers Workshop2024/06/20-22 Social Equity Leadership Conference 2024/06/27-30 2024 Chinese American ConventionVisit https://bit.ly/45KGyga for event details. 2. Kei Koizumi on the Science Budget Kei Koizumi is the principal deputy director for policy at the White House Office of Science and Technology Policy. Ina recent podcast from Issues in Science and Technology , he talked about his role at the very heart of US science policy. He discusses what he does at OSTP, how he got there, and the exciting developments in science and technology policy that get him out of bed every morning.OSTP does not provide direct research funding, like the National Science Foundation does. It does not run national labs, like the Department of Energy does. Its annual budget of just under $8 million in the last fiscal year is barely a rounding error compared with, say, the National Institutes of Health’s $48 billion budget.But OSTP does set priorities for how the federal government spends more than $200 billion on research and development. “That is a lot of leverage and power,” says Kei Koizumi, “and shaping that research funding helps shape the direction of research throughout the United States—and indeed the world, because the world does look to ‘What does the US think is important?’ as a clue to ‘Maybe my nation should be thinking about that as an important topic as well.’”Read and listen to the podcast: https://bit.ly/3UXGPbK 3. U.S.-China Relations: Untangling Campaign Rhetoric & Understanding Policy – Teachers Workshop WHAT: U.S.-China Relations: Untangling Campaign Rhetoric & Understanding Policy – Teachers Workshop WHEN: June 20, 2024, 7:00 pm ET WHAT: Online Webinar HOST: 1990 Institute Moderator: Ha-Yu Sebastian Cherng, Vice Dean for Research and Equity, Office of Research and Office of Diversity, Equity, and Belonging; Associate Professor of International Education, New York University Steinhardt School of Culture, Education, and Human Development. Panelists: · Neysun Mahboubi, Director of the Penn Project on the Future of U.S.-China Relations, University of Pennsylvania · Susan Thornton, Senior Fellow and Visiting Lecturer in Law, Yale University Law School Paul Tsai China Center; Director of the Forum on Asia-Pacific Security, National Committee on American Foreign Policy; and Non-Resident Fellow, Brookings Institution. DESCRIPTION: T his workshop addresses the needs of the many middle and high school educators who are interested in deepening their understanding of U.S.-China relations, untangling political rhetoric from actual policies, and incorporating this knowledge into their teaching. This workshop will help attendees promote critical thinking, understand policy implications, augment current knowledge of U.S.-China relations, and build media literacy. REGISTRATION: https://bit.ly/4bSemem Back View PDF May 27, 2024 Previous Newsletter Next Newsletter
- Xiaofeng Wang 王晓峰 | APA Justice
Xiaofeng Wang 王晓峰 Associate Dean for Research James H. Rudy Professor of Computer Science, Engineering and Informatics Director of Center for Security and Privacy in Informatics, Computing, and Engineering Director of Secure Computing Indiana University Table of Contents Overview Continuing Developments Overview Xiaofeng Wang, a prominent cybersecurity professor at Indiana University Bloomington (IUB), was terminated on March 28, 2025—the same day FBI and Department of Homeland Security agents conducted searches at his homes in Bloomington and Carmel, Indiana. The university has not publicly disclosed the reasons for his dismissal. Professor Wang's wife, Nianli Ma—a library systems analyst at the university—was also terminated on March 24, 2025. The American Association of University Professors' Bloomington chapter has criticized the university's handling of Wang's termination, asserting that it violated due process and university policies. The specific reasons behind the federal investigation remain undisclosed, and the search warrants have been sealed. Efforts have been made to unseal these documents to gain clarity on the situation. Professor Wang is reportedly represented by Attorneys Jason Covert and Jackie Bennett Jr. of Taft Law . References and Links 2025/04/10 Indiana Daily Student: Nianli Ma terminated 4 days before FBI searched her and Xiaofeng Wang’s homes 2025/04/03 The Herald-Times: IU professor Xiaofeng Wang investigated for academic misconduct before FBI search 2025/04/02 Indiana Public Media: Lawyers: Fired cybersecurity expert and wife safe and not charged with a crime 2025/04/02 Indiana Daily Student: IU computer science faculty condemn Xiaofeng Wang’s termination in letter 2025/04/02 WIRED: Cybersecurity Professor Faced China-Funding Inquiry Before Disappearing, Sources Say 2025/04/02 South China Morning Post: Exclusive | US cyber expert Wang Xiaofeng ‘is safe’ after FBI raids, source says 2025/04/02 Indiana Daily Student: IU professor and library analyst face no pending criminal charges, lawyers say 2025/04/02 Reuters: Cybersecurity professor targeted by FBI has not been detained, lawyer says 2025/04/01 South China Morning Post: US cyber expert Wang Xiaofeng took Singapore job before FBI raids: university letter 2025/04/01 Indiana Public Media: Fired prof accused of research misconduct, FBI involvement unclear 2025/03/31 CNBC: Indiana U. fired cybersecurity professor XiaoFeng Wang on day FBI searched his homes: Union 2025/03/31 South China Morning Post: China Initiative 2.0? Raids on scientist Wang Xiaofeng revive spectre from first Trump era 2025/03/31 Indiana Daily Student: Faculty organization alleges IU violated policy in terminating Xiaofeng Wang 2025/03/31 Fox-59: IU faculty protests firing of professor in FBI probe 2025/03/31 WTHR: I U professor allegedly fired after FBI raids on homes in Carmel and Bloomington 2025/03/31 WIRED: Cybersecurity Professor Mysteriously Disappears as FBI Raids His Homes 2025/03/30 ARS Technica: FBI raids home of prominent computer scientist who has gone incommunicado 2025/03/30 Indiana Public Media: FBI won’t say why agents searched homes of IU cybersecurity expert 2025/03/29 MSN: Professor Abruptly Fired Amid FBI Raid 2025/03/28 WTHR: FBI seizes boxes of evidence after searching Carmel, Bloomington homes Return to Table of Contents Continuing Developments On April 12, 2025, the Federation of Asian Professor Associations (FAPA) issued a public statement regarding the case of Professor Wang, condemning his termination by IU and raising serious concerns about the erosion of due process, threats to academic freedom, and the ongoing pattern of racial profiling targeting Chinese American scientists. FAPA also sent an open letter to IU President Pamela Whitten. On April 1, 2025, Stanford University cybersecurity scholar Riana Pfefferkorn filed a motion Tuesday to unseal the warrants used to execute searches of IU professor Xiaofeng Wang and Nianli Ma’s homes last week. She filed the motion in the U.S. District Court for the Southern District of Indiana. On April 17, 2025, John E. Childress, the acting U.S. attorney of the Southern District of Indiana argued the search warrants used in the FBI searches of Xiaofeng Wang and Nianli Ma’s homes March 28 should remain sealed in response to the motion to release the warrants. On April 14, 2024, the Asian American Scholar Forum (AASF) hosted a State of Play Town Hall, in which Nianli Ma, wife of Professor Xiaoxeng Wang spoke about her family situation. AASF and a coalition of organizations and individuals wrote a letter to Rahul Shrivastav, Provost of Indiana University (IU) and requested reinstament of Professor Wang. On April 14, 2025, a GoFundMe campaign for Professor Wang was started by his son, Luke Wang, at https://bit.ly/3E70Vfm . Nianli Ma Professor Wang termination reportedly involved an undisclosed research grant from China in 2017-2018. On April 17, 2025, Day of Action for Higher Ed, IU computer science chair Yuzhen Ye said Professor Wang was not even aware of the grant when university officials asked him about it. “So apparently a researcher in China applied for this grant without his knowledge," she said "So (Wang) explained and also he provided a supporting documentation to IU. I truly believe this really could have unfolded in a very different way if IU administration had chosen to trust its own faculty or give them a fair chance to respond,” Professor Ye said. References and Links Southern District of Indiana: In Re: Motion to Uunseal Search Warrants (1:25-mc-00022) 2025/04/18 Herald-Times: Wife, son of cybersecurity professor Xiaofeng Wang make first comments since FBI raid 2025/04/17 Indiana Daily Student: U.S. attorney argues to keep search warrants for Xiaofeng Wang’s home searches sealed 2025/04/17 Indiana Public Media: IU department chair says Wang didn't know about undisclosed Chinese research grant 2025/04/17 Indian Public Media: Protest groups at IU unite for National Day of Action on higher education 2025/04/16 Guardian: The mysterious firing of a Chinese professor has Asian students on edge: ‘Brings chills to our spines’ 2025/04/15 South China Morning Post: ‘It hurts deeply’: Nianli Ma, wife of cyber expert Xiaofeng Wang, speaks up over FBI raids 2025/04/14 WIRED: A Cybersecurity Professor Disappeared Amid an FBI Search. His Family Is ‘Determined to Fight’ 2025/04/12 FAPA: Open Letter to Pamela Whitten, President, Indiana University 2025/04/12 FAPA: Public Statement on the Case of Dr. Xiaofeng Wang 2025/04/02 Indiana Daily Student: Stanford scholar files motion to unseal warrants used to search homes of Xiaofeng Wang 2025/03/31 AAUP IU Bloomington Chapter: Open Letter to Rahul Shrivastav, Provost, Indiana University Return to Table of Contents Previous Item Next Item
- #216 Florida Land Law Condemned; Anti-Chinese Immigrant Smears; NIH Hearing/Draft Policy; +
Newsletter - #216 Florida Land Law Condemned; Anti-Chinese Immigrant Smears; NIH Hearing/Draft Policy; + #216 Florida Land Law Condemned; Anti-Chinese Immigrant Smears; NIH Hearing/Draft Policy; + In This Issue #216 · Krishnamoorthi Condemns Unfair Targeting of PRC Nationals by Florida Land Ownership Law · How Florida Land Law Has Affected Buyers and Real Estate Agents · Nebraska Governor Dismisses Reporter as Being "from Communist China" · NIH Director Hearing and Draft Scientific Integrity Policy for Public Comment · News and Activities for the Communities Krishnamoorthi Condemns Unfair Targeting of PRC Nationals by Florida Land Ownership Law On October 20, 2023, Raja Krishnamoorti , Ranking Member of the House Select Committee on The CCP, issued a statement following reports of PRC (People's Republic of China) nationals being unfairly targeted for attempting to become homeowners in the state of Florida due to a recent law signed by Governor Ron DeSantis . Florida’s Senate Bill 264 would prohibit individuals who are not U.S. citizens or permanent residents and whose “domicile” is in the PRC from owning or purchasing any real property. Earlier this year, the Department of Justice, in commenting on the extreme nature of the law, stated that it would, “cause serious harm to people simply because of their national origin, contravene federal civil rights laws, undermine constitutional rights, and will not advance the state’s purported goal of increasing public safety.” “A law preventing grandparents from purchasing a home close to their grandchildren so they can spend time with family does nothing to make America more secure or more competitive against the Chinese Communist Party. The implementation of Florida’s law is ambiguous, unclear, and opens the door for discrimination against all AAPI homebuyers. America has an unfortunate history of actions targeting the AAPI community’s ability to own land; it’s a history we should learn from and seek to not repeat. Protecting the rights of individuals simply attempting to achieve the American Dream should be a bipartisan priority. Florida should repeal this law and Congress should explore actions to ensure the rights of all are fairly protected.” How Florida Land Law Has Affected Buyers and Real Estate Agents According to NBC News , three months after Florida banned many Chinese citizens from owning property, some real estate agents say they are losing business as families across the state are walking away from deals, while some brokers say they feel forced to racially profile people and turn down business. Longtime Florida resident Kristen Zhang was thrilled when last year her parents in China decided to buy a new house nearby, built from the ground up, in Orlando. After being separated during the pandemic, they’d finally be able to spend time with their grandkids. But in May Republican Gov. Ron DeSantis signed a bipartisan law, SB 264, banning certain Chinese nationals from buying property in the state to counter “the malign influence of the Chinese Communist Party in the state of Florida.” Zhang’s parents had to abandon their plans this summer, finally canceling the contract last month.A group of Chinese immigrants, backed by the American Civil Liberties Union and other civil rights groups, have been pushing to invalidate the new law. The Justice Department backed their effort in a filing this summer, saying the measure is unconstitutional, but a judge ruled against the challenge in August, teeing up an appeal. Chinese buyers and Florida real estate agents say the law is ambiguous and has introduced confusion and a growing risk of discrimination. Sellers who knowingly violate the restrictions could face up to one year in prison and $1,000 in fines, and Chinese nationals who buy property in Florida face even higher potential fines and up to five years in prison. Frank Lin , a veteran Florida real estate agent who works mainly with Chinese buyers in both the United States and overseas, said his business has already been cut in half as he turns down clients and tries to comply with the law. In addition to limits on new homebuyers, Chinese nationals who already own property in Florida are required by the new law to register with the state’s Commerce Department, “but they don’t even have a form yet or place or website, so that’s confused everyone,” Lin said. Failure to register by 2024 could trigger fines of up to $1,000 a day. Many in the Asian American community argue that the Florida law resembles xenophobic “alien land laws” of the early 20th century that were later deemed unconstitutional. Enacted in the decades following the Chinese Exclusion Act of 1882, the measures — passed in places from California to Texas and Wyoming — were tailored to keep Asian immigrants in particular from owning land. Florida didn’t repeal its own version, from 1926, until 2018, a decade after an earlier attempt failed. The state’s new restrictions cover both commercial and residential property. They apply to Chinese nationals who aren’t U.S. citizens or permanent residents and already have primary homes in China. The law also restricts buyers from a handful of other “foreign countries of concern,” including Cuba and Venezuela, but doesn’t outright ban them. The penalties for both buyers and sellers from those two countries are lower: 60 days in prison and a $500 fine.Some Florida real estate agents say the law compels them to vet potential clients in unrealistic and uncomfortable ways.“If somebody comes in and is Asian-looking, you’re automatically going to start asking questions about where you’re from, which never used to happen,” said Khalid Muneer , founder of Jupiter Properties in Central Florida and president of the Greater Orlando chapter of the Asian American Realtors Association. “Is this racism? Is this stereotyping? We are very well aware of the fact that we can have issues. We can be accused of discrimination,” Muneer said. Some of his associates with heavily Chinese or Venezuelan clienteles have seen a “major, major drop in business,” he said. "Are we supposed to be FBI agents investigating people and asking them all kinds of questions?” Florida received 23% of all foreign buyers nationwide, a higher share than any other state, according to the National Association of Realtors. And five percent of Florida’s closed sales were to foreign buyers, according to a separate report from Florida Realtors. However, the bulk of Florida’s foreign buyers are Latin American, at 46%, and Canadian, at 24%. Among Chinese buyers, California is the most popular destination, drawing 33% of Chinese buyers to Florida’s 16%. After losing their case in August, the group of Chinese immigrants, backed by the American Civil Liberties Union and other civil rights groups, that had sued to block the law filed an appeal, arguing that the measure uses “obvious proxies” to discriminate. “The law is upending peoples’ lives,” said Patrick Toomey , deputy director of the ACLU National Security Project, “and making it far more challenging for immigrants to prosper economically in the state.”Read the NBC News report: https://nbcnews.to/492fdIM 1. Arkansas orders Chinese company’s subsidiary to divest itself of agricultural land According to AP , Arkansas ordered the subsidiary of a Chinese-owned company to divest itself of 160 acres of agricultural land, the first such action under a wave of new laws across the country restricting foreign ownership of farmland. Attorney General Tim Griffin said Northrup King Seed Co. has two years to divest the property in Craighead County under legislation passed by the majority-Republican Legislature and signed by GOP Gov. Sarah Huckabee Sanders earlier this year. Northrup is a subsidiary of Syngenta Seeds, which is owned by China National Chemical Company, or ChemChina, a Chinese state-owned company. Syngenta said it was disappointed in the state’s decision about its land, which the company has owned since 1988. The company said no one from China has ever directed its executives to buy, lease or otherwise engage in land acquisition. “Our people in Arkansas are Americans led by Americans who care deeply about serving Arkansas farmers. This action hurts Arkansas farmers more than anyone else,” the company said. Concern has been growing in many states about foreign ownership of farmland. Prior to this year, 14 states had laws prohibiting or restricting foreign ownership and investments in private farmland. But that ballooned to 24 states this year as lawmakers in nearly three-quarters of states considered legislation on the topic, according to The National Agriculture Law Center at the University of Arkansas. The enforcement action by Arkansas’ attorney general is the first under the wave of new laws, many of which specifically targeted investments from China, Iran, North Korea and Russia, said Micah Brown , a staff attorney at the agricultural law center.Read the AP report: https://bit.ly/3FoQsJ1 2. What foreign interests control Nebraska farmland? According to Farm Progress on October 18, 2023, about 1.6% of Nebraska land is controlled by foreign interests. Canada is the largest foreign holder of land in the state. China is far down the list of known entities with only 19 acres in the name of Syngenta, owned by ChemChina, in Hamilton County.On the U.S. national foreign investor list, China is 18th with 194,772 acres. Canada tops the national list with over 9.6 million acres, followed by the Netherlands with 4.377 million acres and Italy with 2.609 million acres — with the United Kingdom and Portugal rounding out the top five.Read the Farm Progress report: https://bit.ly/45HF4T6 3. Texas SB51/HB124 and Latest Tracking Map and Bills Although the 2023 Texas legislative session ended on May 29, Governor Greg Abbott has called three special sessions and the third is still ongoing. On October 9, 2023, Texas State Senator Lois Kolkhorst introduced Senate Bill (SB) 51; a companion House Bill (HB) 124 sponsored by State Rep. Steve Toth was introduced two days later on October 11. SB51 is a reincarnation of SB147 which failed to become law in this year's legislative session. According to Advancing Justice | AAJC, the state laws may be further categorized into Agricultural Land (AL), Critical Infrastructure (CI), Real Property (RP), or a combination. APA Justice tracks the alien land laws with a map and a list of all known state bills and laws at https://bit.ly/43oJ0YI . Nebraska Governor Dismisses Reporter as Being "from Communist China" According to NBC News on October 18, 2023, a reporter of Chinese descent is speaking out, weeks after Nebraska Gov. Jim Pillen dismissed her article on his company, Pillen Family Farms, because “the author is from Communist China.” Yanqi Xu, 27, who is an immigrant from China and reports for the independent outlet Flatwater Free Press , told NBC News that Pillen's comments were a form of “bias.” Pillen, a Republican, had made the remarks on Omaha radio station KFAB in September, after he was asked to respond to her article that found high levels of nitrate on his hog farms. “Number 1, I didn’t read it. And I won’t,” Pillen said on the air about Xu’s article. “Number 2, all you got to do is look at the author. The author is from Communist China. What more do you need to know?” With Xu’s blessing and after consulting with immigration lawyers to ensure her visa status wouldn’t be compromised — Matt Wynn , executive director of the Nebraska Journalism Trust, which launched the Flatwater Free Press , published a column in her defense. “Yanqi has been in the United States since 2017 … This, she said, is the first time anyone has written her off based on her origin. And it was broadcast, over the air, by the governor of Nebraska,” Wynn wrote. “As an employer, that infuriates me. As a believer in democracy and a free press, it saddens me. As a Nebraskan, it embarrasses me.” “I think it’s important to speak up and it can be really, really hard at first because in some ways, it made you the center of the story,” Xu said. “Especially as a woman of color, if the other person who made such a comment about you is the most powerful person in the state, how do you respond? But I think for me, I found myself coming back to this point of: If I don’t do it, who would? ... I think it’s also super important for other Chinese Americans or other Chinese immigrants to understand that our newsroom thinks it’s not right for the governor to say something like this.”“The Asian American Journalists Association (AAJA) stands with Yanqi Xu, the Flatwater Free Press journalist who was the target of remarks that attempted to dismiss her reporting because of her country of origin,” the AAJA said in a statement. “Having an independent and diverse press corps is essential to democracy, and Xu, an investigative reporter who grew up in China, deserves to do her job without being judged because of her nationality.”Rep. Judy Chu , chair of the Congressional Asian Pacific American Caucus, condemned Pillen, describing his remarks as a "baseless xenophobic attack." She called on him to apologize to Xu and her outlet. "Failing to do so only contributes to more hostility and suspicion of people from China and Asian Americans broadly,” Chu said. Read the NBC News report: https://nbcnews.to/3Ql8wtY According to AP on October 19, 2023, tweets have flooded in, offering Xu support as the column began to circulate, and she said she was “deeply, deeply moved.”Among those tweeting was Omaha Sen. Megan Hunt who called the governor’s remark “Racist and disgusting.” Omaha Sen. Machaela Cavanaugh retweeted the rebuke and chastised the governor in a phone interview.Asian Americans have increasingly been the target of racially motivated harassment and assaults in recent years, particularly since the coronavirus pandemic began, with many worrying that anti-Asian rhetoric linked to fraught relations between the U.S. and China could lead to more violence.With the pandemic raging, CNN reporter Natasha Chen went on the air to describe how a Florida beachgoer told her to get out of the country and that she was responsible because of her ethnicity.U.S. reporters also have been singled out. In 2020, Weijia Jiang of CBS News asked President Donald Trump a question about the pandemic. Trump said that “maybe that’s a question you should ask China. Don’t ask me. Ask China that question.” Jiang — who was born in Xiamen, China, and emigrated with her family to West Virginia when she was 2 — wondered why the president directed that remark to her. Trump said he would say it to “anyone who asks a nasty question.” Naomi Tacuyan Underwood , executive director of the Asian American Journalists Association (AAJA), described what happened to Xu in an interview as another example of how “people always resort to the perpetual foreigner trope and question our loyalties.” AAJA issued a statement that it stands with Flatwater Free Press journalist Yanqi Xu, who was the target of comments about her nationality .Read the AP report: https://bit.ly/45AwllL 1. ‘My comments were my comments’: Gov. Pillen responds to criticism of ‘outright racist’ remarks According to Nebraska Examiner , Nebraska Gov. Jim Pillen on October 20 addressed for the first time national criticism he has faced after dismissing a Chinese reporter’s work because of her nationality. During his appearance with KFAB, Pillen said Nebraska is the “most welcoming” state in the nation. National and local groups have since said that notion is undermined by Pillen’s remarks. “The opportunity is still there for an apology,” Matt Wynn, executive director of the Nebraska Journalism Trust, said. “I think it is the right and decent thing to do.” Read the Nebraska Examiner report: https://bit.ly/3FoIKyq 2. Conservative group smears a Chinese immigrant running for office According to Northwest Asian Weekly , an email implying that a candidate for the Newcastle City Council is a “member of the Chinese Communist Party” was denounced by civil rights groups as drawing upon a history of anti-Asian and anti-immigrant rhetoric and violence. It was considered particularly incendiary since anti-Asian hate speech has preceded and spilled over into violence against Asians and Asian Americans during the pandemic. Newcastle is 53% populated by residents of color and 34% by Asians. “A racist, red-baiting, anti-immigrant, anti-Chinese email was recently sent out by a group calling themselves the Newcastle Watchdogs. In it, these ‘watchdogs’ attack Sun Burford , candidate for Newcastle City Council, using innuendo, insinuation, and libelous statements to demean and discredit her in the eyes of Newcastle voters,” said Stanley N. Shikuma , co-president of the Japanese American Citizens League, Seattle Chapter. “They would have us believe that she is part of some sinister Chinese plot to infiltrate the Newcastle City Council. They play upon her status as an immigrant, her ethnicity, and current rivalries with China to appeal to old prejudices and stir up new fears.”Newcastle Watchdogs, a conservative organization co-founded by a former Newcastle city councilmember, branded Burford a Chinese Communist sleeper agent—because she held a city planning job in China three decades ago before immigrating to the United States, a position she disclosed in her city planning application.OCA–Asian Pacific American Advocates—Greater Seattle Chapter repudiated the smear. “For centuries, Asian American Native Hawaiian and Pacific Islanders have been labeled as ‘perpetual foreigners,’ and accused of dual loyalty to their ancestral country and United States—often used as a scare tactic against our community,” said Connie So , president. “The language that our leaders use is important. Following this week’s report of anti-China language being used in a local election, we demand that all candidates refrain from using harmful rhetoric that is based on an individuals’ race as a political tactic. Elections should be about issues, not unfounded personal attacks. Period.”Read the Northwest Asian Weekly report: https://bit.ly/49eOkS3 NIH Director Hearing and Draft Scientific Integrity Policy for Public Comment According to Nature , the Senate hearing on the nomination of Director of the National Institutes of Health (NIH) highlighted the politicization of science in the wake of the COVID pandemic. The nominee, Monica Bertagnolli, hinted during the hearing what her priorities will be for the biomedical agency if she is confirmed. At the top of the list is improving the diversity of clinical-trial participants, enhancing collaboration among the NIH’s 27 institutes and centers, and restoring public trust in scientists and the agency. The 2-hour confirmation hearing on October 18, 2023, comes nearly two years after the NIH’s former director, geneticist Francis Collins, stepped down following more than 12 years in the top role. (Lawrence Tabak has been serving as acting director in the interim.) In May 2023, President Joe Biden nominated Bertagnolli, who is the current head of the US National Cancer Institute (NCI), to lead the NIH. Before the COVID-19 pandemic, the NIH typically saw yearly budget increases and enjoyed bipartisan support for its mission. The hearing made clear how politically charged the agency’s research portfolio has become since then, underscoring challenges that Bertagnolli might face as director of the sprawling agency, which is the largest public funder of biomedical research in the world, with an annual budget of about US$47 billion. During the COVID-19 pandemic, after some Republican lawmakers made unsubstantiated claims that the NIH’s funding of coronavirus research in China could have played a part in causing the worldwide crisis. Their colleagues in the US House of Representatives have been holding hearings about the origins of the virus that have scrutinized Collins and the former head of the NIH’s infectious-diseases branch, Anthony Fauci .On March 23, 2023, Science published " Pall of Suspicion ," detailing NIH’s “China Initiative” led by Michael Lauer that has upended hundreds of lives and destroyed scores of academic careers.The committee will meet again on Wednesday, October 25, to decide whether to advance Bertagnolli’s nomination to a full Senate vote. The full Senate is expected to vote on the nomination before the end of the year. Read the Nature report: https://go.nature.com/46CZT3p . Watch the hearing and read Dr. Bertagnolli's written testimony at: https://bit.ly/48WSbTE NIH Draft Scientific Integrity Policy for Public Comment NIH has developed a DRAFT Scientific Integrity Policy, and seeks information regarding the draft policy from all interested individuals and communities, including, but not limited to, investigators, research institutions, libraries, scientific societies, healthcare providers, patients, students, educators, research participants, and other members of the public. While comments are welcome on all elements of the DRAFT NIH Scientific Integrity Policy, input would be most welcome on the specific items identified below, as they represent additions to existing NIH scientific integrity practices: · Role and Responsibilities of the NIH Scientific Integrity Officer (SIO) · Role and Responsibilities of the NIH Chief Scientist (CS) · Responsibilities of the NIH Scientific Integrity Council · Prohibitions against Political Interference Read the DRAFT NIH Scientific Integrity Policy: https://bit.ly/403HvOZ . Read the Federal Register notice for additional information: https://bit.ly/3Q4fKkF . Send your comments to NIH here: https://bit.ly/3Qtdo0b News and Activities for the Communities APA Justice Community Calendar Upcoming Events: 2023/10/25-26 President's Advisory Commission Meeting 2023/10/25 Senate Hearing on Nomination of NIH Director 2023/10/29 Rep. Gene Wu's Weekly Town Hall Meeting 2023/11/05 Rep. Gene Wu's Weekly Town Hall Meeting 2023/11/06 APA Justice November 2023 Monthly Meeting 2023/11/11 ACP 2023 MetroCon Visit https://bit.ly/45KGyga for event details. Back View PDF October 23, 2023 Previous Newsletter Next Newsletter
- #365 12/1 Meeting; CACA President Kin Hui; Will Kim; Statistician Uproar; AI Talent/Prize +
Newsletter - #365 12/1 Meeting; CACA President Kin Hui; Will Kim; Statistician Uproar; AI Talent/Prize + #365 12/1 Meeting; CACA President Kin Hui; Will Kim; Statistician Uproar; AI Talent/Prize + In This Issue #365 · 2025/12/01 APA Justice Monthly Meeting | Giving Tuesday · Kin Yan Hui Elected National President of C.A.C.A. · Texas A&M Doctoral Student Will Kim Released from ICE · Uproar at Republican Push for Voluntary Census and Surveys · AI Race for Talent | Chen Institute and Science Prize · News and Activities for the Communities 2025/12/01 APA Justice Monthly Meeting | Giving Tuesday The next APA Justice monthly meeting will be held on Monday, December 1, 2025, starting at 1:55 pm ET.In addition to updates from: · Judith Teruya , Executive Director, Congressional Asian Pacific American Caucus (CAPAC) · Joanna YangQing Derman , Program Director, Advancing Justice | AAJC · Gisela Perez Kusakawa , Executive Director, Asian American Scholar Forum (AASF) We are honored by and welcome the following distinguished speakers: · Kin Yan Hui , National President, Chinese American Citizens Alliance · Patrick Toomey , Deputy Director, National Security Project, American Civil Liberties Union (ACLU) · Edgar Chen , Special 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 . ***** Giving Tuesday - Consider APA Justice APA Justice has been advancing fairness, equity, and belonging for Asian Americans and Pacific Islanders for the past 10 years. We identify emerging issues through coalition work, community engagement, and data insights. We educate policymakers and allies through media collaboration, an online resource hub, and regular briefings. And we mobilize communities to advocate for practical solutions and stronger civic participation.Your support strengthens civil rights protections, elevates AAPI voices, and helps build a more inclusive America. Now, as a powered by the Committee of 100 initiative, APA Justice invites you to make a tax-deductible contribution to sustain this work at: https://bit.ly/Donate2APAJustice . Kin Yan Hui Elected National President of C.A.C.A. The Chinese American Citizens Alliance (C.A.C.A.), founded in 1895 during the era of the Chinese Exclusion Act, is one of the nation’s oldest and most enduring civil rights organizations dedicated to protecting the rights, heritage, and dignity of Chinese Americans. With lodges across the country, C.A.C.A. promotes civic participation, youth development, community service, and advocacy against discrimination. For more than a century, it has played a vital role in elevating Chinese American voices and strengthening the broader Asian American community. This year, C.A.C.A. elected Kin Yan Hui as its National President. A longtime member and leader within the organization, Hui previously served as National Executive Vice President, National Vice President for Membership, and Past President of the San Antonio Lodge. He brings to the role deep experience in nonprofit governance, community engagement, and public service. Kin’s background includes more than 35 years as a civil servant with the U.S. Air Force, concluding his career as Chief Engineer for four Cyber Weapon Systems. In San Antonio, he continues to serve his community as the District 6 Zoning Commissioner and as a member of the Bexar County Civil Service Commission. Kin has accepted our invitation to speak at the next APA Justice monthly meeting on Monday, December 1, 2025. Texas A&M Doctoral Student Will Kim Released from ICE On November 15, 2025, Tae Heung “Will” Kim was released from an Immigration and Customs Enforcement (ICE) detention facility in Raymondville, TX, near the Mexican border. Will has lived in the United States for 35 years, since he was five, and is a green-card holder pursuing his doctorate degree at Texas A&M University, where he is researching a vaccine for Lyme disease. When returning from a two-week trip to South Korea for his younger brother’s wedding, Will was detained by Customs and Border Protection (CBP) at San Francisco International Airport on July 21. He was held in the airport’s “secondary inspection” rooms and slept in chairs with the lights on 24/7. Aside from a brief phone call, the only communication Will’s family had with him came through what they believe were secondhand text messages. Will was transferred from the airport to Florence, Arizona, under ICE custody around July 29, then to Raymondville, Texas, until his release. Will was charged in 2011 with misdemeanor marijuana possession and completed community service. He later petitioned to have the case sealed from the public record. According to the National Korean American Service & Education Consortium (NAKASEC), Will’s removal proceedings were terminated in October after prosecutors “failed to produce required court-ordered documents.” The case was ultimately dropped when the Department of Homeland Security did not appeal the termination. Will’s case has drawn national attention not only from immigrant rights and civil rights advocates but also from academic and human rights communities, including the Committee on Human Rights of the National Academies, because it highlights concerns about the lack of due process and the detention of legal permanent residents for old, minor offenses. The Asian American Scholar Forum (AASF) called on immigration authorities shortly after Will’s detention to immediately provide due process, ensure his access to legal representation, and clarify the basis for his detention. The American Association of University Professors (AAUP) also issued a statement before Will’s release, noting that “critics argue his detention reflects a due-process problem: long-time legal residents being held without clear justification or access to a lawyer.” “Collective action is powerful. Across the nation, people spoke up and took action for Will. He and his family have expressed shock and appreciation at the public’s outspoken support,” NAKASEC said in a statement. · 2025/11/17 AsAmNews: U.S. permanent resident released from ICE custody · 2025/11/16 Houston Chronicle: Texas A&M doctoral student, green card holder released after months in immigration detention · 2025/09/17 Battalion: ‘No person should have had to go through what Will went through’: Aggie researcher detained by ICE · 2025/08/26 The EDU Ledger: Texas A&M Doctoral Student Remains in ICE Detention as Immigration Crackdown Spreads Fear Across Campuses Uproar at Republican Push for Voluntary Census and Surveys According to Science and WebProNews , Republican lawmakers are advancing multiple bills that would make participation in key U.S. Census Bureau surveys voluntary, triggering strong warnings from statisticians and data users who say the proposals would severely undermine the accuracy and reliability of the nation’s most important demographic datasets.Representative Greg Steube (R–FL), despite promoting American Community Survey (ACS) data on his own website, has introduced the Freedom from Government Surveys Act to eliminate penalties for nonresponse—effectively making the ACS optional. Senator James Risch (R–ID) and Senator Mike Lee (R–UT) have introduced companion measures in the Senate, while a pending House spending bill goes even further by making both the ACS and the decennial census voluntary and restricting the Census Bureau to a single follow-up outreach attempt.Supporters say they are protecting constituents from intrusive questions and government overreach. But demographers, statisticians, and former Census officials warn the legislation would devastate the agency’s ability to produce accurate, representative data used to guide over $1.5 trillion in federal funding and inform everything from infrastructure planning and school construction to business expansion and disaster response. One former Census official said a voluntary, limited-contact ACS “becomes almost a poll rather than an actual survey.”Evidence from past research backs these concerns. When the Census Bureau tested voluntary ACS participation before its 2005 launch, the results were so unrepresentative that nearly two-thirds of the population—208 million people—would have had unreliable data. Canada’s 2011 shift to a voluntary census similarly produced massive data gaps, forcing the government to reinstate a mandatory version in 2016.Further proposals target statistical privacy tools. A bill from Representative Andrew Clyde (R–GA) would eliminate differential privacy—used to protect respondent identity—despite experts warning that removing it would expose personal information in public datasets.The push comes amid broader political pressure on federal statistical agencies, with critics noting continued attempts to add a citizenship question, accelerate census timelines, or limit follow-up efforts—all moves that would disproportionately undercount immigrants, young people, rural residents, and lower-income households. Such shifts could reshape congressional representation and shift political power. Advocacy groups—including the American Statistical Association, the Census Project, and numerous former Census officials—are mobilizing to warn Congress that voluntary surveys would increase costs, reduce quality, and jeopardize data essential for evidence-based policymaking. Dr. Mark Calabria , newly appointed Chief U.S. Statistician at the White House noted that many lawmakers underestimate the value of federal data until it disappears.The fate of the proposals will unfold as Congress debates the 2026 spending bill, but experts are clear: “The only reliable data source,” one former Statistics Canada leader stressed, “is a mandatory survey, done properly.” AI Race for Talent | Chen Institute and Science Prize According to the New York Times on November 19, 2025, Chinese-born researchers play a central role in U.S. artificial intelligence development, even as political rhetoric increasingly casts China as a strategic rival. When Mark Zuckerberg announced Meta’s new Superintelligence Lab, all 11 researchers he highlighted were immigrants educated abroad, including seven born in China. Two major studies—the Paulson Institute’s earlier analysis and a new Carnegie Endowment report—show that Chinese-origin researchers consistently make up a significant share of the world’s top AI talent, and the overwhelming majority of those already working in the U.S. have remained at American universities and companies despite tightening immigration rules and rising anti-China sentiment. Despite geopolitical tensions, collaboration between the U.S. and China in AI research remains extensive. A study by alphaXiv shows that since 2018, U.S.-China joint AI publications occur more frequently than collaborations between any other pair of countries. Major technology companies—including Meta, Microsoft, Apple, Google, Intel, and Salesforce—continue to publish widely cited papers with Chinese institutions. Meta alone received roughly 6,300 H-1B visa approvals this year, second only to Amazon, and insiders even joke that Mandarin is nearly as essential as coding languages inside Meta’s AI teams. While concerns about espionage and data theft persist, experts argue that restricting Chinese talent would damage U.S. competitiveness far more than it would enhance security. Analysts warn that expanded Trump-era crackdowns on Chinese researchers could erode America’s global AI lead, especially as China builds its own world-class research ecosystem. Some Chinese scientists report increasing obstacles, including visa difficulties and fears of not being readmitted after travel. The tense climate has begun to affect workplaces as well, illustrated by a recent case in which an Anthropic researcher left the company after disagreeing with its public framing of China as a security threat. ***** The Chen Institute and Science Magazine launched the "Chen Institute and Science Prize for AI Accelerated Research" in August 2024. This initiative aims to drive advancements in artificial intelligence that can expand scientific research. Young scientists from around the world are invited to submit AI-driven projects that demonstrate significant potential to improve research and lives. The competition will award a Grand Prize of $30,000, with the winner's essay published in Science and an accompanying five-year AAAS membership. Additionally, up to two runners-up will receive $10,000 each, with their essays published on Science Online and the same membership benefits, promoting sustained engagement with scientific progress. Visit and apply at https://bit.ly/3WTQq4K . The deadline is December 13, 2025. News and Activities for the Communities 1. APA Justice Community Calendar Upcoming Events: 2025/11/25 Committee of 100 Conversations – “Recollections, Pioneers and Heroes” with Elaine Chao2025/12/01 Cook County Circuit Court Hearing - Estate of Jane Wu v Northwestern University2025/12/01 APA Justice Monthly Meeting2025/12/02 Serica Storytellers: The Presidents | David Wu & Frank Wu2025/12/08 Conversations, Recollections, Pioneers and Heroes: Alice YoungVisit https://bit.ly/3XD61qV for event details. 2. Serica Storytellers: The Presidents | David Wu & Frank Wu WHAT : Serica Storytellers: The Presidents | David Wu & Frank Wu WHEN : December 2, 2025, 6:30 - 8:00 pm ET WHERE : In-Person: Graduate School of Journalism, City University of New York (CUNY), 219 W 40th St 3rd floor, New York, NY 10018 HOST : Serica Initiative Co-Presenters : Asian American / Asian Research Institute, CUNY; Asian American Studies Program at Hunter College, CUNY Moderator : Joan Kaufman , Senior Director for Academic Programs for the Schwarzman Scholars Program Panelists : · David Wu , President, Baruch College, CUNY · Frank Wu , President, Queens College, CUNY DESCRIPTION : As federal visa policies evolve, international students at CUNY campuses face growing uncertainty. This timely conversation explores how student visa revocations are reshaping New York’s educational landscape. The panel delves into how immigration policy shifts ripple across classrooms, immigrant communities, and the city’s public higher education system — and how institutions can better advocate for and support affected students. REGISTRATION : https://bit.ly/47RWYHn # # # 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 November 24, 2025 Previous Newsletter Next Newsletter
- #347 USHCA/AAJC Updates; 4th Court Blocks Birthright Citizenship EO; Immigration; TX SB17;+
Newsletter - #347 USHCA/AAJC Updates; 4th Court Blocks Birthright Citizenship EO; Immigration; TX SB17;+ #347 USHCA/AAJC Updates; 4th Court Blocks Birthright Citizenship EO; Immigration; TX SB17;+ In This Issue #347 · Update from the U.S. Heartland China Association · Update from Advancing Justice | AAJC · Fourth District Court Blocks Trump's Birthright Citizenship Restrictions · Reuters : Refugee Cap of 40,000 with Focus on White South Africans · Lawsuit Against Texas Alien Land Law Dismissed · News and Activities for the Communities Update from the U.S. Heartland China Association Min Fan 范敏 , Executive Director, U.S. Heartland China Association, returned to speak at the APA Justice monthly meeting on August 4, 2025.The U.S. Heartland China Association (USHCA) is a bipartisan 501(c)(3) nonprofit organization dedicated to fostering constructive engagement between the U.S. Heartland and China. Contrary to assumptions based on its name, the organization was not founded by Chinese Americans. It was established by the late U.S. Senator Adlai Stevenson of Illinois and is now chaired by former Missouri Governor Bob Holden . USHCA explicitly does not engage in lobbying or political advocacy, adhering strictly to its nonprofit charter.USHCA serves as a neutral platform to promote dialogue, education, cultural exchange, and economic engagement between Middle America and China. The organization recognizes that many communities in the Heartland— particularly rural areas and underserved minority populations — have historically had limited access to international and cross-cultural education, especially regarding China. USHCA seeks to fill this gap by connecting communities, promoting awareness, and building people-to-people ties.Min is the first Chinese American to lead USHCA. When she joined the association at the onset of the COVID-19 pandemic, USHCA had limited ties to the broader Chinese American community, despite its long-standing role as a cultural and diplomatic bridge. By partnering with national Chinese American networks, USHCA led a large-scale Personal Protective Equipment (PPE) relief effort. Over 800,000 pieces of PPE were collected and distributed across the Heartland, including to rural and underserved health clinics. This initiative helped address severe shortages and brought together volunteers through state agencies and nonprofit groups. It also introduced many Heartland residents to Chinese Americans for the first time—a transformative experience for all involved. Min recognized the need to explain why U.S.-China relations matter at the local level. USHCA publishes a comprehensive report, “ Why U.S.-China Relations Matter to the Heartland ,” that quantifies the multifaceted relationship that each of the 21 states in the Heartland region has with China, such as: · Hundreds of millions (up to half a billion dollars in some cases) contributed by Chinese international students to state economies. · Jobs created through Chinese investment and exports. · Historical ties between Heartland communities and China dating back generations. Although the report does not constitute political advocacy, it has become a practical tool for local stakeholders, elected officials, and educators to explain the relevance of U.S.-China relations in concrete, community-focused terms.Beyond policy and economic dialogue, USHCA supports cultural exchange and education. It promotes the work of Chinese language teachers in Heartland states like Kentucky and Missouri—even as demand for Mandarin instruction declines nationally. The association also supports cultural projects, such as the “Far East Deep South” documentary tour along the Mississippi River , to strengthen cultural awareness of the long history of Chinese Americans in the Mississippi River basin community. A centerpiece of USHCA’s current efforts is the Yangtze-Mississippi Regional Dialogue , launched in 2023. This subnational diplomacy initiative connects local leaders in the Heartland with their counterparts in China. The first round included six U.S. mayors visiting China to initiate discussions on economic development, climate resilience, and public health. In 2024, a reciprocal delegation from China visited Memphis, Tennessee, where the original U.S. mayors and other community leaders hosted a series of dialogues. In 2025, the third round of this initiative is set to take place in Wuhan, Hubei Province—a symbolic and strategic location. These dialogues are deliberately kept out of the media spotlight to ensure continuity and a neutral learning experience for the American delegates. USHCA, like many organizations working in the U.S.-China space, is operating under increasing political scrutiny from both sides. The association has faced indirect attacks by groups such as State Armor. Some of the U.S. mayors who previously participated in USHCA-led trips to China had experienced harassment on social media or being criticized by their political opponents.These developments underscore a broader trend where China-related efforts — even cultural or educational — are weaponized in political discourse, especially during election cycles.Due to the expiration of its initial grant funding, USHCA is now reaching out to the community for two key forms of support: · Leadership Identification : Helping the organization identify open-minded local officials and civic leaders interested in engaging with Chinese counterparts. · Financial Support : Providing or sourcing funding to allow local delegations to continue participating in the Yangtze-Mississippi Dialogue and other exchange programs. Despite political headwinds, USHCA continues to witness strong interest from local leaders across the Heartland. Many mayors and nonprofit leaders are eager to address shared global challenges—including climate change, healthcare access, and economic revitalization—through international cooperation. USHCA believes these dialogues can promote a more nuanced understanding and help reshape the narrative surrounding China, shifting away from confrontation and toward mutual understanding and stability.USHCA remains a critical actor in maintaining and nurturing people-to-people diplomacy at a time of strained U.S.-China relations. Through programs like the Yangtze-Mississippi Dialogue, cultural education efforts, and community-driven initiatives, the organization continues to serve as a rare but vital bridge between the American interior and one of the world’s most consequential nations. Update from Advancing Justice | AAJC Joanna YangQing Derman , Director, Anti-Profiling, Civil Rights & National Security Program, Advancing Justice | AAJC, is a regular invited speaker at APA Justice monthly meetings. On August 4, 2025, she gave the following update: 1. Monitoring of China Initiative Language in CJS Appropriations Report Joanna reaffirmed Asian Americans Advancing Justice – AAJC’s vigilance in tracking attempts to reintroduce elements of the discontinued China Initiative through language in the Commerce, Justice, and Science (CJS) Appropriations Subcommittee report. The China Initiative was widely criticized for encouraging racial profiling, particularly of individuals of Chinese descent in academic and scientific communities. AAJC is working with partner organizations to oppose any provisions that attempt to revive these discriminatory practices. 2. Advocacy Letter to Congress A joint letter—led by AAJC in partnership with Stop AAPI Hate, Chinese for Affirmative Action (CAA), and the Asian American Scholar Forum (AASF)—was submitted to Congress, urging the removal of harmful language tied to the China Initiative. However, the full Appropriations Committee vote has been postponed until after the House returns from the August recess. AAJC plans to recirculate the letter to gather additional organizational endorsements in the interim.Groups that missed the initial tight turnaround are encouraged to sign on during this extended opportunity. 3. Clarification on West Virginia Land Law – HB 2961 AAJC addressed concerns regarding HB 2961, a land law enacted in West Virginia on April 28, 2025, which has raised questions among community organizations.The law defines a "prohibited foreign party" to include individuals from China, but the ban applies only to those acting on behalf of foreign-owned entities—not individuals purchasing land for personal use. It affects all types of real estate, including mineral rights, when transactions involve entities under foreign control. In the event of a violation, the law allows six months for divestment, enforced by state courts and the West Virginia Attorney General.AAJC remains committed to defending the rights of Asian American communities and is actively engaged in legislative advocacy to combat discriminatory policies. Organizations are urged to stay informed, join collective efforts, and support ongoing monitoring and response strategies. Fourth District Court Blocks Trump's Birthright Citizenship Restrictions Author: Madeleine Gable, APA Justice Communications AssociateAccording to CBS News , The Hill , Maryland Matters , and multiple media reports, a federal judge in Maryland blocked President Trump’s executive order (EO) targeting birthright citizenship on August 7, 2025. This marks the fourth such decision since the U.S. Supreme Court’s ruling in June limiting nationwide injunctions.Previously, U.S. District Judge Deborah Boardman indicated she planned to issue a nationwide injunction blocking the restrictions, but she did not have jurisdiction at the time because the case was under the authority of an appeals court. Last week, the appeals court remanded the case to her for ruling.The June Supreme Court ruling did not directly address the constitutionality of President Trump’s executive order, instead ruling that lower courts exceeded their authority by issuing nationwide injunctions. However, the justices did maintain that lower courts could issue nationwide stays if the lawsuits were class-action suits, which is what Judge Boardman did.Judge Boardman identified a class of children born on U.S. soil who “unquestionably would be citizens but for the Executive Order.” She added that the EO was “almost certainly unconstitutional” by violating the Fourteenth Amendment, which guarantees citizenship to “all persons” born in the U.S.President Trump’s executive order seeks to deny birthright citizenship to children without at least one parent who is a citizen or permanent legal resident.Judge Boardman’s ruling followed The 9th U.S. Circuit Court of Appeals , and the District Courts in New Hampshire and Massachusetts . Read more about the Birthright Citizenship issue at https://www.apajusticetaskforce.org/birthright-citizenship . Reuters : Refugee Cap of 40,000 with Focus on White South Africans According to an exclusive report by Reuters on August 15, 2025, the Trump administration is weighing a refugee admissions cap of about 40,000 for fiscal year 2026, with an unprecedented majority—some 30,000 slots—earmarked for white South African Afrikaners. This marks a sharp shift in U.S. refugee policy, which has traditionally emphasized global humanitarian priorities and bipartisan support. The proposed cap would be far lower than the 100,000 admissions under President Biden in 2024 but higher than Trump’s record-low 15,000 ceiling in 2021. While Trump has argued that Afrikaners face discrimination and violence in South Africa, the South African government has rejected those claims. Officials also noted that smaller caps, as low as 12,000, were discussed, and that some admissions could go to Afghans, Ukrainians, or other groups.Implementation has faced challenges. The State Department has laid off refugee program staff, forcing inexperienced Health and Human Services (HHS) workers to take on refugee screening and assistance. Early arrivals from South Africa have already reported hardship, with reduced benefits, difficulty obtaining Social Security numbers, and limited access to jobs or housing. Refugees expressed frustration at spending thousands of dollars to cover basic needs after Trump cut support programs that previously lasted a year down to just four months. White House officials stressed that no final decision has been made and that refugee caps will be determined in September. Lawsuit Against Texas Alien Land Law Dismissed Author: Madeleine Gable, APA Justice Communications Associate According to AsAmNews , Daily Guardian , South China Morning Post , and multiple media reports, Federal Judge Charles Eskridge dismissed a lawsuit against Texas’ recently passed alien land law, Senate Bill 17 (SB 17), finding that the plaintiffs lacked standing. On July 3, 2025, the Chinese American Legal Defense Alliance (CALDA) filed a lawsuit on behalf of three Chinese nationals, Wang v. Paxton (4:25-cv-03103) , arguing SB 17 discriminates against Chinese people based on race and ethnicity and creates fear for those trying to secure housing while living in Texas legally. The lawsuit also asserts that the bill violates federal preemption, the principle that state law cannot supersede conflicting federal law. Set to take effect on September 1, 2025, SB 17 prohibits noncitizens from China, Iran, Russia, and North Korea from purchasing homes, acquiring land, or leasing apartments in Texas. It also grants the governor the authority to add other countries to the list. The bill applies to all “real property,” not just land near critical infrastructure, but it does not apply to dual citizens, permanent residents, and individuals legally residing in the U.S. on temporary work or student visas. For citizens of China, the restriction is especially severe. While students or workers on visas are still free to purchase their principal residence, they are prohibited from acquiring holiday homes or investment properties. Leasing too is restricted, with lease contracts limited to terms shorter than one year. Proponents of the bill insist it is necessary to ensure national security by targeting governments and companies deemed hostile by the federal government. However, opponents of the bill argue it is unconstitutional and discriminatory, promoting racial profiling and xenophobia. Gene Wu , Chair of the Texas House Democratic Caucus, called the bill “a loud and clear message that Asians don’t belong in this country.” The Texas Attorney General’s office successfully contended that the law is not discriminatory and that the court lacks jurisdiction over police powers exercised “to protect Texans from foreign governments that intend to harm them.” Following Judge Eskridge’s decision, CALDA announced that it would appeal. According to Justin Sadowsky , lead counsel for CALDA, “Chinese people in this state of Texas will be terrified of so much as renting a place to live, because if it turns out this law does apply to them it is a state jail felony, and they can end up in jail for two years.” Prior to the hearing, a press conference was held in front of the courthouse, featuring speakers from a variety of advocacy organizations. News and Activities for the Communities 1. APA Justice Community Calendar Upcoming Events: 2025/08/19 China Connections - Bridging Generations of U.S.-China Education Exchange: Chinese Scholars to America2025/09/06 The 2025 Asian American Youth Symposium2025/09/08 APA Justice Monthly Meeting2025/09/08 Committee of 100 Conversations – “Recollections, Pioneers and Heroes” with Janet Yang2025/09/09 China Connections — Chinese Encounters with America: Profiles of Changemakers Who Shaped China2025/09/16-17 2025 AANHPI Unity Summit Visit https://bit.ly/3XD61qV for event details. 2. USCET Events on 8/19 and 9/9 WHEN: August 19, 2025, 8:00 - 9:15 pm ET WHAT: China Connections - Bridging Generations of U.S.-China Education Exchange: Chinese Scholars to America WHERE: Webinar REGISTRATION : https://bit.ly/3UzJuIL WHEN : September 9, 2025, 5:30 - 7:00 pm ET WHAT: China Connections — Chinese Encounters with America: Profiles of Changemakers Who Shaped China WHERE: Lindner Family Commons, George Washington University’s Elliott School of International Affairs, Washington DC REGISTRATION : https://bit.ly/45zuRKE 3. 2025 AANHPI Unity Summit WHEN: September 16-17, 2025 WHAT: 2025 AANHPI Unity Summit WHERE: · Sept 16 : Holiday Inn National Airport · Sept 17 : U.S. Capitol – Rayburn House Office Building, Room 2044 REGISTRATION : https://bit.ly/4fDJ9hO # # # 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 August 19, 2025 Previous Newsletter Next Newsletter
- #290 Special Edition: McCarthyism and The Good, Bad, and Ugly of The Media
Newsletter - #290 Special Edition: McCarthyism and The Good, Bad, and Ugly of The Media #290 Special Edition: McCarthyism and The Good, Bad, and Ugly of The Media In This Issue #290 · Rise and Fall of McCarthyism with The Media · Historical Media Bias Against U.S. Persons of Asian Origin · Role of Media in The Wen Ho Lee Case and The Yanping Chen Case · Media's Role in a Modern McCarthyism - The "China Initiative" · McCarthyism Expanding to Beyond Scientists · News and Activities for the Communities During "China Week" in September 2024, Representative Judy Chu , Chair of the Congressional Asian Pacific American Caucus (CAPAC), took the House floor to denounce efforts to revive the "China Initiative," calling it a New McCarthyism.This is a special edition on McCarthyism and The Good, Bad, and Ugly Roles of The Media. Rise and Fall of McCarthyism with The Media According to a PBS report on McCarthyism from August 23, 2006, in the late 1940s and 1950s, America was gripped by fears of communism’s spread, particularly in Eastern Europe and China. Capitalizing on these anxieties, on February 9, 1950, 41-year-old Senator Joseph McCarthy delivered his infamous "Enemies from Within" speech in Wheeling, West Virginia, claiming to have a list of 205 "card-carrying" communists in the U.S. government. Although he never substantiated this claim, it fueled the Red Scare and set the stage for McCarthyism, an era of intense political repression and paranoia.The media played a significant role in amplifying and spreading McCarthyism. Newspapers, radio, and television often reported McCarthy's accusations uncritically, lending credibility to his unverified claims. For instance, the New York Times covered McCarthy’s “205 communists” allegation without questioning its validity. Historian Margaret Brennan noted that McCarthy’s numbers changed frequently, saying, “he had no list. He had no names. It was all a big lie." Yet, the impact was horrific, 6,000 federal employees left the government in the last two years of the Harry S. Truman Administration. At the end of the McCarthy era, "there was never anybody in government that they could prove to be a card-carrying communist," Brennan said.Sensational headlines and broadcast coverage heightened public fear, reinforcing McCarthy’s portrayal of Communism as a pressing internal threat. Television brought the House Un-American Activities Committee (HUAC) hearings and the Red Scare directly into American homes, magnifying McCarthy’s influence. The McCarthy-Army hearings, televised from April to June 1954, marked a turning point. Over 36 days, an estimated 188 hours were broadcast, reaching a large national audience. During these hearings, Army counsel Joseph Welch famously rebuked McCarthy, asking, “Have you no sense of decency, sir, at long last?” This moment is widely viewed as the beginning of McCarthy’s downfall. Most journalists initially refrained from challenging McCarthy due to Cold War tensions and fears of being labeled Communist sympathizers. However, broadcast journalist Edward R. Murrow played a pivotal role in countering McCarthyism. On March 9, 1954, Murrow’s See It Now broadcast exposed McCarthy’s fear-based tactics, marking a major turning point in public opinion.The following is a transcript for a 2-minute excerpt of Murrow's broadcast: "No one familiar with the history of this country can deny that congressional committees are useful. It is necessary to investigate before legislating, but the line between investigating and persecuting is a very fine one, and the junior Senator from Wisconsin has stepped over it repeatedly. His primary achievement has been in confusing the public mind as between the internal and the external threats of communism. We must not confuse dissent with disloyalty. We must remember always that accusation is not proof, and that conviction depends upon evidence and due process of law. We will not walk in fear, one of another. We will not be driven by fear into an age of unreason, if we dig deep in our history and our doctrine, and remember that we are not descended from fearful men—not from men who feared to write, to speak, to associate, and to defend causes that were for the moment unpopular. This is no time for men who oppose Senator McCarthy's methods to keep silent, or for those who approve. We can deny our heritage and our history, but we cannot escape responsibility for the result. There is no way for a citizen of a republic to abdicate his responsibilities. As a nation, we have come into our full inheritance at a tender age. We proclaim ourselves, as indeed we are, the defenders of freedom—wherever it continues to exist in the world—but we cannot defend freedom abroad by deserting it at home. The actions of the junior Senator from Wisconsin have caused alarm and dismay amongst our allies abroad and given considerable comfort to our enemies. And whose fault is that? Not really his. He didn’t create this situation of fear; he merely exploited it—and rather successfully. Cassius was right: "The fault, dear Brutus, is not in our stars, but in ourselves. Good night, and good luck." Edward R. Murrow profoundly shaped broadcast journalism, setting standards with his commitment to factual reporting, democratic principles, and the press’s role as a vigilant watchdog. The Edward R. Murrow College of Communication at Washington State University continues this legacy, promoting ethical journalism, strategic communication, and digital media, all inspired by Murrow's unwavering dedication to integrity and accountability in the media. References and Links Edward R. Murrow College of Communication at Washington State University: website 2017/04/23 YouTube : Edward R. Murrow - See It Now (March 9, 1954) (2:02)2014/12/16 C-SPAN : Senator Joe McCarthy's "Enemies from Within" Speech (14:59)2006/08/23 PBS : McCarthyism Historical Media Bias Against U.S. Persons of Asian Origin Throughout U.S. history, media have often depicted Americans and immigrants of Asian origin through biased and derogatory stereotypes, particularly during times of geopolitical tension. Their coverage has fueled harmful public perceptions and policies with lasting impacts on Asian communities.Notwithstanding the 61-year Chinese Exclusion era (1882-1943) and the Alien Land Law period from the first state law in California in 1913 to the mid 1950s, American newspapers contributed to the anti-Japanese sentiment by portraying Japanese Americans as disloyal spies or saboteurs. Headlines warned of a “Fifth Column” within the U.S., stoking fear and prejudice. This coverage, often based on unsubstantiated claims, helped garner public support for the internment of 120,000 persons of Japanese heritage, about two thirds of them U.S. citizens.No Japanese American was ever proven to have committed espionage for Japan during World War II, despite extensive U.S. government investigations.Before his children books, Dr. Seuss ( Theodor Seuss Geisel ) worked as a political cartoonist and propagandist during World War II, creating cartoons and illustrations that were published in newspapers and used in military training films. One of his infamous cartoons on February 13, 1942, shows Japanese Americans lined up as the "Fifth Column" along the West Coast, awaiting "the signal from home," playing into widespread fear and prejudice and helped to justify Japanese American internment and other discriminatory measures. On February 21, 1942, two days after President Franklin D. Roosevelt signed Executive Order 9066 authorizing internment, the Los Angeles Times published an editorial endorsing it, asserting that Japanese Americans posed a national security risk. Along with other outlets, the LA Times shaped public opinion by promoting fear-based narratives questioning Japanese American loyalty.Seventy-five years later, on February 19, 2017, the LA Times formally recanted its 1942 editorials. Acknowledging the paper's role in promoting internment, it expressed regret for fueling anti-Japanese sentiment and drew parallels with current issues of xenophobia, discrimination, and anti-immigrant rhetoric. The 2017 editorial warned against repeating such injustices, highlighting the need to protect civil liberties for all. References and Links Wikipedia: Dr. Seuss 2017/02/19 LA Times editorial: Looking Back with Shame 2012/02/21 The Daily Mirror : Times Editorial Praises Japanese Evacuation Role of Media in The Wen Ho Lee Case and The Yanping Chen Case History repeated itself before the LA Times issued its 2017 editorial.On March 6, 1999, the New York Times identified Chinese American nuclear scientist Dr. Wen Ho Lee as a suspect in alleged espionage at Los Alamos National Laboratory. Using alarmist language, anonymous sources, and unsubstantiated allegations, the report relied heavily on stereotypes and ethnic background, fueling widespread public suspicion of Dr. Lee and, by extension, other Chinese Americans in the scientific community.. Dr. Lee was arrested nine months after the New York Times report and imprisoned in solitary confinement for nine months before charges were dropped. U.S. District Judge James Parker apologized to Dr. Lee, condemning the government’s handling of the case.On September 26, 2000, the New York Times published an editorial acknowledging its role and errors in uncritically accepting government claims, but it stopped short of a full apology.In 2006, Dr. Lee settled a privacy lawsuit, accusing government agencies of leaking sensitive information. The U.S. government paid $895,000, and five media organizations—the New York Times , Washington Post , Los Angeles Times , ABC News , and Associated Press —contributed $750,000 to protect their reporters from being compelled to disclose their sources. Dr. Lee’s case highlighted issues in journalistic ethics and transparency, but similar patterns emerged when Dr. Yanping Chen , a Chinese American academic and founder of the University of Management and Technology in Virginia, became the target of a federal investigation in 2010. Although no charges were filed, leaked details of the closed investigation surfaced in a series of Fox News reports in 2017, making misleading insinuations to accuse her of spying for China.In 2018, Dr. Chen filed a lawsuit against federal agencies, alleging Privacy Act violations and racial profiling. Her case raised broader concerns about government leaks and anti-Asian prejudice. Dr. Chen subpoenaed Fox News reporter Catherine Herridge to identify her sources. The U.S. District Court imposed a fine of $800 per day until Herridge complied. Herridge has appealed.On July 29, 2024, the Asian American Legal and Education Defense Fund (AALDEF) and a coalition of 11 organizations filed a 43-page amicus brief with the U.S. Court of Appeals in support of Dr. Chen. The brief addresses issues of racial prejudice and the negative stereotyping of Asian Americans, particularly in the context of government actions against Dr. Chen.The U.S. Appeals Court for the District of Columbia Circuit will hold a hearing of oral arguments on Dr. Chen's case on November 18, 2024. References and Links CourtListener: Chen v. Federal Bureau of Investigation (1:18-cv-03074) 2024/08/07 AADELF: The Red-Baiting of Dr. Chen and the Dangerous Target It Puts on All Asian Americans 2024/07/29 Chen v FBI 1:18-cv-03074: Brief of Asian American Legal Defense and Education Fund and Asian American Advocacy Organizations as Amici Curiae in Support of Plaintiff-Appellee 2006/06/03 Washington Post : Wen Ho Lee Settles Privacy Lawsuit 2003/01/08 Wen Ho Lee and Helen Zia: My Country Versus Me: The First-Hand Account by the Los Alamos Scientist Who Was Falsely Accused of Being a Spy 2001/02/04 New York Times : The Making of a Suspect: The Case of Wen Ho Lee 2000/09/26 New York Times : From The Editors; The Times and Wen Ho Lee 2000/09/14 New York Times: Statement by Judge in Los Alamos Case, With Apology for Abuse of Power 1999/03/06 New York Times: BREACH AT LOS ALAMOS: A special report.; China Stole Nuclear Secrets For Bombs, U.S. Aides Say Media's Role in a Modern McCarthyism - The "China Initiative" In March 1950, Herb Block , a political cartoonist known as "Herblock" for the Washington Post , coined the term "McCarthyism" shortly after Senator Joseph McCarthy delivered his "Enemies Within Us" speech. This term describes the practice of making unfounded accusations of subversion, disloyalty, or treason without sufficient evidence. Today, McCarthyism symbolizes any campaign or movement that seeks to silence or punish dissent or perceived disloyalty through fear and intimidation, rather than through fair, evidence-based processes.Launched by the Department of Justice in 2018, the "China Initiative" reflects contemporary McCarthyism through its reliance on broad suspicion and racial profiling under the guise of national security. It was joined in effect by the National Institutes of Health in the name of research security and integrity. These initiatives then shifted focus from security concerns to profiling Chinese academics and scientists, fostering an atmosphere of fear and a chilling effect within academic and research communities. Many researchers of Chinese descent reported feeling unfairly targeted solely due to their ethnicity or international connections.The consequences of the "China Initiative" have been severe; even when charges were eventually dropped, individuals faced damaged careers, personal trauma, financial ruin, and even loss of life. Hundreds, if not thousands or more, of Asian Americans and immigrants, particularly those of Chinese origin, have been subjected to surveillance, investigations, and threats of prosecution. Many more endure daily assaults, hate incidents, and discrimination as a result. The media's role in the "China Initiative" brought a range of both positive and negative impacts. Jamie Satterfield , an investigative reporter for the Knoxville News Sentinel , played a crucial role in highlighting the wrongful accusations against Dr. Anming Hu , a University of Tennessee professor prosecuted under the “China Initiative.” Her reporting exposed significant flaws in the government’s case, illustrating how the FBI targeted Hu based on unfounded suspicions and employed aggressive tactics, including attempts to coerce him into espionage.Satterfield documented the trial proceedings in 2021 meticulously, revealing key admissions from FBI agents about false accusations and fabricated evidence against Hu. Her work not only drew national attention to the injustices faced by Hu but also sparked broader discussions about racial profiling, due process, and fairness within the framework of the "China Initiative," emphasizing its detrimental impact on innocent Chinese American academics.On December 2, 2021, MIT Technology Review published two investigative reports. The first report revealed that the "China Initiative" deviated from its national security goals. Key findings include a lack of official definition for the initiative, a shift from economic espionage to “research integrity” issues, and a high dismissal rate for cases. Notably, only about 25% of those charged were convicted, with about 90% of defendants being of Chinese heritage. The second investigative report highlighted gaps in the information provided by DOJ. MIT Technology Review constructed a database to track every case made public under the "China Initiative." Shortly after MIT Technology Review requested comments, DOJ updated its webpage, removing cases that contradicted its narrative of success. Less than three months after the MIT Technology Review reports, DOJ announced the formal end of the "China Initiative."Both Satterfield and MIT Technology Review exemplify the positive role of investigative journalism, utilizing facts and evidence to expose the overreach, profiling, and flaws of the initiative. Their efforts raised public awareness and sparked dialogue about racial bias in government investigations, holding agencies accountable and prompting policymakers and civil rights organizations to reconsider the initiative's efficacy and ethics, ultimately contributing to its termination in 2022.In contrast, some media outlets resorted to alarmist and sensational language, reinforcing stereotypes and depicting Asian Americans and immigrants—particularly those of Chinese descent—as potential threats. Headlines often emphasized national security concerns without adequate context, exacerbating public fears about espionage and fostering an atmosphere of suspicion. By uncritically repeating government statements, some of these outlets lent the initiative unwarranted credibility. They frequently overlooked the scientific and academic contributions of Chinese and Chinese American professionals, sidelining their valuable work and contributions to the American society. References and Links APA Justice: 11. MIT Technology Review Investigative Reports CourtListener: United States v. Hu (TV1) (3:20-cr-00021) 2021/12/02 MIT Technology Review : The US crackdown on Chinese economic espionage is a mess. We have the data to show it. 2021/12/02 MIT Technology Review : We built a database to understand the China Initiative. Then the government changed its records. 2021/06/13 Knox News : Trial reveals federal agents falsely accused a UT professor born in China of spying McCarthyism Expanding to Beyond Scientists There are continuing attempts by Republican members in Congress to reinstate the "China Initiative" or under a different name. Alien land laws are being revived and expanded at both the federal and state levels that will risk reinforcing racial discrimination."Enemies Within Us" against immigrants in a nation of immigrants has resurfaced as a prominent topic in the lead-up to the November 5, 2024, U.S. presidential election, framing a focus on Chinese influence in America. Media, politicians, and campaign ads are again promoting anti-Asian rhetoric and harmful political narratives and stereotypes about Chinese Americans as perpetual foreigners or national security risks. On September 3, 2024, The Washington Post released a report titled "How China Extended Its Repression into an American City," alleging Chinese government interference within U.S. communities. As explained in the Asia Times, "The Washington Post ’s Witch Hunt on Chinese Americans" lacks evidence. An October 4 opinion argues that the Washington Post report fosters distrust toward Chinese American communities by selective use of biased sources—primarily anti-CCP activists and U.S. government entities. By failing to represent voices within the Chinese American community who have diverse views on China, the opinion contends, the report risks fostering harmful stereotypes and echoing historical patterns of profiling minority groups based on geopolitics. A more balanced approach would involve perspectives from diaspora organizations that may experience complex, often nonpolitical relationships with Chinese institutions. It also warns against blanket assumptions about the loyalties of Chinese Americans, potentially leading to unfounded public suspicion of these communities.On October 21, 2024, a Wall Street Journal report alleged China of using hometown organizations in New York City’s Chinatown to influence local communities, pressure Chinese Americans, and advance its political goals. Without evidence of specific influence activities, Representative Grace Meng , the only Chinese American congresswoman from New York, was implicated in the Wall Street Journal report because of her association with Chinatown and hometown organizations.Chinatowns in the U.S. emerged as ethnic enclaves largely because of social, economic, and political conditions in the U.S. in the mid-19th century dating back to the Qing Dynasty. These communities offered safety, employment, and a cultural connection to home for new immigrants facing systemic discrimination and harsh labor conditions. Discriminatory laws forced segregation and led to the establishment of Chinatowns and hometown associations as self-sustaining neighborhoods where immigrants could find mutual support, housing, work opportunities, and Chinese-owned businesses, fostering community resilience against external hostilities. Guilt by association, the unfair assignment of blame to individuals based solely on their affiliations rather than on concrete evidence, was a central tactic of McCarthyism. While WWII-era suspicions focused on a supposed "Fifth Column" of internal threats, the "Thousand Grains of Sand" theory arose during the Wen Ho Lee case in the 1990s, insinuating alleged widespread infiltration efforts by Chinese agents. The term evolved to "Non-traditional Collectors" as the "China Initiative" began, with scrutiny directed toward Chinese and Chinese American scientists and academics suspected of espionage.Now , with media coverage increasingly emphasizing potential links to foreign influence in Chinese American communities, guilt by association appears to be broadening beyond scientists and researchers. With the Washington Post and Wall Street Journal already linking community organizations or elected officials to foreign interference based on limited or circumstantial connections, guilt by association, or a new McCarthyism, may become more pervasive again with the assistance of media. "We must not confuse dissent with disloyalty. We must remember always that accusation is not proof, and that conviction depends upon evidence and due process of law. We will not walk in fear, one of another. We will not be driven by fear into an age of unreason," - Edward R. Murrow References and Links 2024/10/21 Wall Street Journal : How Beijing Recruited New York Chinatowns for Influence Campaign 2024/10/04 Asia Times opinion : The Washington Post’s witch hunt on Chinese Americans 2024/09/03 Washington Post : How China extended its repression into an American city News and Activities for the Communities 1. APA Justice Community Calendar Upcoming Events:2024/11/03 Rep. Gene Wu's Town Hall Meeting2024/11/06 Asian American Women in Media and Music2024/11/10 Rep. Gene Wu's Town Hall Meeting2024/11/12 Threats to International Engagement and Academic Freedom2024/11/14 An Advice and Networking Event (Financial Services, Investing and Consulting)2024/11/15 Yangtze-Mississippi Regional Dialogue2024/11/15-17 AAASE Inaugural Annual Summit2024/11/17 Rep. Gene Wu's Town Hall Meeting2024/11/18 APA Justice Monthly Meeting2024/11/24 Rep. Gene Wu's Town Hall MeetingVisit https://bit.ly/3XD61qV for event details. NOTE: Because the regular scheduled day falls on the eve of Election Day, we have moved the next APA Justice monthly meeting to Monday, November 18, 2024. 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 . 2. APA Justice Newsletter Web Page Moved to New Website As part of its continuing migration to a new website under construction, we have moved the Newsletter webpage to https://www.apajusticetaskforce.org/newsletters . Content of the existing website will remain, but it will no longer be updated. We value your feedback about the new web page. Please send your comments to contact@apajustice.org . Back View PDF October 30, 2024 Previous Newsletter Next Newsletter
- #95 "China Initiative;" OSTP; ACLU, Sherry Chen, Mass Surveillance; 11/01 Meeting Summary
Newsletter - #95 "China Initiative;" OSTP; ACLU, Sherry Chen, Mass Surveillance; 11/01 Meeting Summary #95 "China Initiative;" OSTP; ACLU, Sherry Chen, Mass Surveillance; 11/01 Meeting Summary Back View PDF November 10, 2021 Previous Newsletter Next Newsletter
- #88 Rep. Raskin Remarks; Cooley Steps Up; House Hearing; White Paper; UTK; Week of Action
Newsletter - #88 Rep. Raskin Remarks; Cooley Steps Up; House Hearing; White Paper; UTK; Week of Action #88 Rep. Raskin Remarks; Cooley Steps Up; House Hearing; White Paper; UTK; Week of Action Back View PDF October 11, 2021 Previous Newsletter Next Newsletter
- #359 Andy Phillips to Speak on 11/3; Dr. Wen Ho Lee; 6/2 Meeting Summary Posted; C.N. Yang+
Newsletter - #359 Andy Phillips to Speak on 11/3; Dr. Wen Ho Lee; 6/2 Meeting Summary Posted; C.N. Yang+ #359 Andy Phillips to Speak on 11/3; Dr. Wen Ho Lee; 6/2 Meeting Summary Posted; C.N. Yang+ In This Issue #359 · Attorney Andy Phillips to Speak at APA Justice Monthly Meeting · Recalling the Case of Dr. Wen Ho Lee · Summary of June 2025 APA Justice Monthly Meeting Posted · In Memoriam: Chan Ning Yang (1922-2025) · News and Activities for the Communities Attorney Andy Phillips to Speak at APA Justice Monthly Meeting Attorney Andy Phillips , Managing & Founding Partner of Meier Watkins Phillips Pusch LLP, will speak at the upcoming APA Justice monthly meeting on November 3, 2025. He represents Dr. Yanping Chen 陈燕平 in Yanping Chen v. FBI (24-5050) . Dr. Chen is a naturalized U.S. citizen from China and longtime educator who founded the University of Management and Technology in Arlington, Virginia. She filed a Privacy Act lawsuit against the U.S. Departments of Justice, Defense and Homeland Security, as well as the Federal Bureau of Investigation (FBI), after a 6-year investigation by the FBI into her past affiliations and immigration history concluded without charges in 2016. After the investigation closed, confidential information from the probe was leaked to media outlets, particularly Fox News reporter Catherine Herridge , which aired stories implying Dr. Chen was involved in espionage. Dr. Chen filed a lawsuit in December 2018 against the Departments of Justice, Defense and Homeland Security, as well as the FBI, asserting a coordinated violation of her privacy rights and focusing on the leak of protected investigation materials. In February 2024, a District Court held Herridge in civil contempt for refusing to disclose her source and imposed a fine of $800 per day—an order stayed pending appeal. The case has major implications for press freedom, racial equity, and privacy rights in national security investigations. APA Justice joined advocacy groups by filing an amicus brief led by Asian American Legal Defense and Education Fund (AALDEF), arguing that the treatment of Dr. Chen reflects broader issues of systemic bias against Chinese Americans. On September 30, 2025, the U.S. Court of Appeals for the D.C. Circuit affirmed the district court’s order holding Herridge in civil contempt for refusing to disclose her confidential source despite a valid subpoena. Andy Phillips’s practice focuses on counseling clients faced with unfavorable media coverage or other reputational attacks. He has years of experience representing clients in defamation lawsuits before state and federal courts across the country. He has litigated against many of the country’s most well-known media organizations, including Rolling Stone Magazine , The New York Times , CNN , and Fox News . Andy is one of only six attorneys in the United States to be ranked by Chambers for expertise in Plaintiff’s-side First Amendment litigation . 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 . Recalling the Case of Dr. Wen Ho Lee Dr. Wen Ho Lee 李文和 , a naturalized U.S. citizen born in Taiwan, was a senior nuclear scientist at Los Alamos National Laboratory (LANL), where he worked for more than 20 years developing computer codes used to simulate nuclear explosions. In the late 1990s, amid heightened concerns about Chinese nuclear espionage, the FBI and Department of Energy (DOE) began investigating possible leaks of nuclear-weapons data to China. Dr. Lee became a target largely due to his ethnicity.In 1999, the government indicted Dr. Lee on 59 felony counts for allegedly downloading and transferring classified files from secure to unclassified computers. During the investigation, government officials leaked information to the press portraying Dr. Lee as a potential spy. Major media outlets including New York Times , Washington Post , and Los Angeles Times widely published these allegations, effectively convicting him in the public eye before trial.By 2000, it became clear that the government lacked evidence of espionage or criminal intent. Dr. Lee spent nine months in solitary confinement before pleading guilty to a single count of mishandling restricted data; the remaining 58 charges were dropped. Federal Judge James A. Parker publicly criticized the government for its handling of the case, apologizing to Dr. Lee for his treatment and calling the investigation an embarrassment to the nation.Following his release, Dr. Lee filed a civil lawsuit under the Privacy Act against federal agencies and five major media organizations that had reported the leaked allegations. Brian Sun , now a partner at Norton Rose Fulbright US LLP, served as Lee’s lead attorney. Brian Sun framed the case as a crucial defense of civil liberties, privacy rights, and due process, arguing that government leaks had violated Lee’s rights and irreparably harmed his reputation. He successfully navigated complex issues involving media source protection and the disclosure of sensitive documents, ultimately securing a landmark settlement.In June 2006, the case was settled: the U.S. government paid $895,000, and the media organizations contributed $750,000 toward Dr. Lee’s legal fees, with no admission of wrongdoing. The settlement, guided by Brian Sun’s litigation strategy, reinforced the principle that government officials cannot use leaks to publicly convict individuals without evidence.On June 3, 2006, Brian Sun told the Los Angeles Times that the settlement provides “a measure of vindication and accountability.” “We believe the settlement will send a message to government officials that they should not engage in unlawful leaks about private citizens,” he said, “and journalists should be sensitive in reporting information that is divulged from officials who have an agenda.”As noted in the American Physical Society's “ Viewpoint: Wen Ho Lee’s Settlement ” on August 1, 2006, the case of Dr. Wen Ho Lee remains a landmark in the intersection of science, national security, civil liberties, and media responsibility. The APS analysis emphasized that while the settlement brought an end to the litigation, it left unresolved the deeper tensions between government secrecy, press freedom, and the protection of individual rights. It underscored how Dr. Lee's case became a cautionary tale—reminding both policymakers and the scientific community that the pursuit of security must never come at the cost of justice, due process, or human dignity. Summary of June 2025 APA Justice Monthly Meeting Posted Summary for the June 2025 APA Justice monthly meeting has been posted at https://bit.ly/48ABX4J . We thank these distinguished speakers for sharing their insightful remarks and updates: · Judy Chu , Chair Emeritus, Congressional Asian Pacific American Caucus; Member, U.S. House of Representatives · Judith Teruya , Executive Director, Congressional Asian Pacific American Caucus · Jiny Kim , Vice President of Policy and Program, Advancing Justice | AAJC · Gisela Perez Kusakawa , Executive Director, Asian American Scholar Forum (AASF) · Ya Liu , Member, North Carolina House of Representatives · Juanita Brent , Member, Ohio House of Representatives · Edgar Chen , Special Policy Advisor, National Asian Pacific American Bar Association (NAPABA) · Aki Maehara , Professor, Historian, East Los Angeles College Past APA Justice monthly meeting summaries are available at https://www.apajusticetaskforce.org/library-newsletters-summaries *****On April 29, 2025, Professor Aki Maehara , age 71, was riding his electric bicycle home in Montebello when a car struck him from behind. The driver shouted anti-Asian slurs before and after the collision. Professor Maehara believes he was targeted due to his academic work and previous threats he had received.The attack left Professor Maehara with serious injuries, including a concussion, fractured cheekbone, neck pain, and a lacerated elbow. The dental damage was particularly severe, requiring extensive and costly dental implant surgery. Professor Maehara returned to teaching at East Los Angeles College shortly after the incident. A GoFundMe was updated in August 2025, describing his need for a home health aide and major dental surgery.The Montebello Police Department is investigating the incident as a possible hate crime and attempted vehicular homicide. Some have criticized the police investigation, claiming key information from Professor Maehara was initially omitted from the report. As of October 2025, the department has not publicly identified any suspects in the case despite being "No. 1 priority" since May. In Memoriam: Chan Ning Yang (1922-2025) Chen Ning Yang (杨振宁) , one of the world’s most renowned theoretical physicists and a Nobel prize winner, died on October 18, 2025, in Beijing at the age of 103 after an illness.Born in Hefei, Anhui Province, China, in 1922, Yang received his early education in China before earning his bachelor’s degree from the National Southwestern Associated University in Kunming during wartime. He later pursued graduate studies in the United States, earning his Ph.D. from the University of Chicago in 1948 under the mentorship of Enrico Fermi .Yang’s groundbreaking contributions reshaped modern physics. He and his collaborator Tsung-Dao Lee (李政道) proposed in 1956 that parity — long assumed to be conserved — could be violated in weak nuclear interactions. The theory was soon confirmed experimentally, leading to their shared Nobel Prize in Physics in 1957. Beyond parity violation, Yang made profound advances in statistical mechanics, gauge theory, and the Yang–Mills theory — a cornerstone of the Standard Model of particle physics.After teaching at the Institute for Advanced Study in Princeton University, Yang joined Stony Brook University in 1966, where he founded the Institute for Theoretical Physics (now named the C.N. Yang Institute for Theoretical Physics) and mentored generations of scientists. In 2003, Yang returned to China, joining Tsinghua University as an honorary professor and continuing to promote international scientific exchange.Known for his intellectual rigor and lifelong curiosity, Yang’s career spanned the era from wartime China to the quantum age, symbolizing the global nature of scientific inquiry. He inspired several generations of young people in both the United States and China to pursue science with passion and integrity. His legacy endures not only through his discoveries but also through his commitment to fostering dialogue between China and the world in science and education. News and Activities for the Communities 1. APA Justice Community Calendar Upcoming Events: 2025/10/23 C100 Asian American Career Ceilings Initiative: Asian American Women in the Law2025/11/03 APA Justice Monthly Meeting2025/11/03 Advocacy 101 for Scholars, Scientists, and Researchers2025/11/20 Cook County Circuit Court Hearing2025/11/25 Committee of 100 Conversations – “Recollections, Pioneers and Heroes” with Elaine ChaoVisit https://bit.ly/3XD61qV for event details. 2. In Memoriam: Jerome Cohen (1930-2025) Jerome A. Cohen , a pioneering scholar of Chinese law and a leading voice for human rights, died on September 22, 2025, at his home in Manhattan. He was 95.Born in New York City in 1930, Cohen graduated from Yale Law School, clerked for Chief Justice Earl Warren and Justice Hugo Black , and began his academic career at the University of California, Berkeley. Fascinated by China, he studied Mandarin in the early 1960s and went on to found the East Asian Legal Studies Program at Harvard Law School in 1964, the first of its kind in the United States.After Mao Zedong ’s death, Cohen joined Paul & Weiss, advising companies entering China and helping Chinese officials understand modern commercial law. In 1990, he joined New York University School of Law, where he mentored lawyers, judges, and human rights advocates from across Asia and became an influential voice in U.S.–China legal dialogue.Renowned for his intellect and integrity, Cohen defended persecuted lawyers and dissidents and never wavered in his belief that law could be a bridge to justice. His legacy endures through the institutions he built and the generations he inspired. # # # 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 October 23, 2025 Previous Newsletter Next Newsletter
- #130 New OSTP Director; 6/6 Meeting Summary; ODNI Report; DOS-Led "China House"; More
Newsletter - #130 New OSTP Director; 6/6 Meeting Summary; ODNI Report; DOS-Led "China House"; More #130 New OSTP Director; 6/6 Meeting Summary; ODNI Report; DOS-Led "China House"; More Back View PDF June 21, 2022 Previous Newsletter Next Newsletter
- #234 Special Edition: Appeals Court Temporarily Halted Florida Alien Land Law (SB 264)
Newsletter - #234 Special Edition: Appeals Court Temporarily Halted Florida Alien Land Law (SB 264) #234 Special Edition: Appeals Court Temporarily Halted Florida Alien Land Law (SB 264) In This Issue #234 This is a Special Edition to cover the Appeals Court ruling to temporarily halt the enforcement of Florida's unconstitutional alien land law (SB 264) on February 1, 2024. On February 1, 2024, ACLU issued the following press release: "The Eleventh Circuit Court of Appeals temporarily halted the enforcement of an unconstitutional Florida law, known as SB 264, against two Chinese immigrants who have challenged the statute in court. SB 264 bans many Chinese immigrants, including people here as professors, students, employees, and scientists, from buying a home in large swaths of the state. This decision comes after a Florida district court ruled against the plaintiffs’ motion to preliminarily block the law while the case proceeded."The American Civil Liberties Union (ACLU), ACLU of Florida, DeHeng Law Offices PC, the Asian American Legal Defense and Education Fund (AALDEF), and the law firm Quinn Emanuel are representing Chinese immigrants who live, work, study, and raise families in Florida, but would be prohibited under SB 264 from buying a home, as well as Multi-Choice Realty, a local real estate firm whose business has been harmed by the law. "'As a Chinese citizen who was in the process of buying a home when this law went into effect, I’ve been extremely worried ever since,' said a plaintiff impacted by today’s ruling . 'Today’s decision is a relief for me and my family, and we hope that the courts will permanently halt enforcement of this law.' "The court of appeals unanimously held that the plaintiffs showed a substantial likelihood of prevailing in their arguments that SB 264 is preempted by federal law because Congress has already established a system of national security review of real estate purchases by foreign nationals. The court granted an injunction barring enforcement of the law against two of the plaintiffs while the court makes its decision on the merits of the appeal. "'There’s no doubt that Florida’s discriminatory housing law is unconstitutional,' said Ashley Gorski, senior staff attorney at ACLU’s National Security Project. ' The court’s decision brings two of our clients tremendous relief, and we will continue fighting to prevent this law from being enforced more broadly.' "Under SB 264, people who are not U.S. citizens or permanent residents, and whose 'domicile,' or permanent home, is in China, are prohibited from purchasing property in Florida altogether. The sole exception is incredibly narrow: People with non-tourist visas or who have been granted asylum may purchase one residential property under two acres that is not within five miles of any 'military installation.' This term is vaguely defined in the law, but there are at least 21 large military bases in Florida, many of them within five miles of cities like Orlando, Miami, and Tampa—putting many major residential and economically-important areas completely off-limits. "A similar but less restrictive rule also applies to many immigrants from Cuba, Venezuela, Iran, North Korea, Russia, and Syria. But the law singles out people from China for especially draconian restrictions and harsher criminal penalties. "'Florida’s alien land law specifically targets Chinese individuals in clear violation of the Equal Protection Clause,' said Bethany Li, legal director of AALDEF . 'Today’s ruling should serve as a warning to other states who are considering passing similarly racist bills, steeped in a history when Asians were ineligible for citizenship and were told they didn’t belong. As a country, we should be making progress and passing laws that protect all communities rather than going back in time and reviving antiquated laws passed over a century ago.' "Florida’s pernicious new law recalls repeated efforts over the past century to weaponize false claims of 'national security' against Asian and other immigrants. In the early 20th century, politicians used similar justifications to pass ' alien land laws ' in California and more than a dozen other states, prohibiting Chinese and Japanese immigrants from becoming landowners. Florida was one of the last states to repeal its 'alien land law' in 2018. “'This Florida law is just like the alien land laws of more than a hundred years ago banning Asian Americans from owning land,' said Clay Zhu, attorney and managing partner at DeHeng Law Offices PC . 'It is unfair, unconstitutional, and un-American. We are encouraged by today’s decision from the court.'"Read the ACLU press release: https://bit.ly/3Utx0Ub“This prohibition blatantly violates the Fourteenth Amendment’s protection against discrimination,” Judge Nancy Abudu wrote. The Order of the Appeals Court is posted here: https://bit.ly/3HJij7T . The US District Court in Florida has scheduled hearings in Miami in April 2024. Media Reports · 2024/02/03 South China Morning Post: Florida law barring Chinese citizens from owning property in state blocked by US court · 2024/02/02 Politico: Federal appeals court narrowly blocks controversial Florida law barring Chinese land ownership · 2024/02/02 Reuters: US court blocks Florida law barring Chinese citizens from owning property · 2024/02/02 AsAmNews: Ban on Chinese land ownership in Florida blocked by federal court · 2024/02/02 The Capitolist: U.S. Appeals Court grants partial injunction against foreign land ownership limitations · 2024/02/02 Bloomberg Law: Florida Ban on Home Buying by Chinese, Other Nationals Halted · 2024/02/01 South Florida SunSentinel: Appeals court deals blow to Florida’s law on Chinese land ownership Legal Team to Give Briefing The legal team representing the Plaintiffs in the Florida lawsuit will give a briefing at the APA Justice monthly meeting on Monday, February 5, 2024. Confirmed speakers are: · Erika Moritsugu, Deputy Assistant to the President and Asian American, Native Hawaiian, and Pacific Islander Senior Liaison, The White House · Legal Team of ACLU, AALDEF, and DeHeng Law Offices PC · Nisha Ramachandran, Executive Director, Congressional Asian Pacific American Caucus (CAPAC) · Joanna YangQing Derman, Director, Anti-Profiling, Civil Rights & National Security Program, Advancing Justice | AAJC · Gisela Perez Kusakawa, Executive Director, Asian American Scholar Forum (AASF) · Lora Lumpe, Chief Executive Officer, Quincy Institute for Responsible Statecraft · Min Fan, Executive Director, US Heartland China Association (USHCA) · Sandy Shan, Executive Director, Justice is Global 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 CALDA Statement in Chinese The Chinese American Legal Defense Alliance (CALDA 华美维权同盟) also released a statement in Chinese: 喜大普奔:上诉法院发布临时禁止令,SB 264被宣布部分无效! . The statement noted that the three judges on the Appeals Court unanimously granted the restraining order. Liberal and conservative justices often disagree sharply in today's politically charged cases. That all three judges on the Appeals Court agreed unanimously in this politically controversial case once again proves that the plaintiffs are on the right side of justice.Read the CALDA statement in Chinese: https://bit.ly/3SoF1aj Timeline on the Florida Alien Land Law (SB 264) 2024/02/01 US Appeals Court temporarily halted the enforcement of SB 264 2023/08/21 Plaintiffs' legal team filed an appeal for preliminary injunction of SB 2642023/08/17 US District Court denied Plaintiffs' preliminary injunction motion2023/07/01 SB 264 became effective state law in Florida2023/06/26 US Department of Justice filed a statement of interest in support of preliminary injunction of SB 264 2023/05/22 A lawsuit was filed against SB 264 ( SHEN v. SIMPSON 4:23-cv-00208 ) 2023/05/08 SB 264 was passed by the Florida legislature and signed into state law by Governor Ron DeSantis Visit APA Justice for more information on "Alien Land Bills" in Florida, Texas, and other states: https://bit.ly/43epBcl . The Committee of 100 maintains a database and interactive data visualization to identify and track federal and state legislation prohibiting property ownership by citizens of foreign countries at https://bit.ly/3Hxta4B . Reps. Judy Chu (CA-28) and Al Green (TX-09) , who are leaders of the Congressional Asian Pacific American Caucus, have introduced the Preemption of Real Property Discrimination Act in Congress. Back View PDF February 3, 2024 Previous Newsletter Next Newsletter

