Newsletter - #282 Combating New McCarthyism; AASF Forum With NIH; Dr. Zhijian "James" Chen; More #282 Combating New McCarthyism; AASF Forum With NIH; Dr. Zhijian "James" Chen; More In This Issue #282 · AIP: House Pushes to Resurrect China Initiative · AASF Forum with the National Institutes of Health · Dr. Zhijian “James” Chen Wins “America’s Nobel” · News and Activities for the Communities AIP: House Pushes to Resurrect China Initiative According to the American Institute of Physics (AIP) on September 18, 2024, the U.S. House of Representatives passed legislation to reinstate the Justice Department’s China Initiative under a new name. The bill known as H.R. 1398 passed on a vote of 237-180, with support from 214 Republicans and 23 Democrats.The legislation is unlikely to advance in the Democrat-controlled Senate, where the companion bill has only Republican cosponsors. In addition, the White House issued a statement strongly opposing the bill, stating it “could give rise to incorrect and harmful public perceptions that DOJ applies a different standard to investigate and prosecute criminal conduct related to the Chinese people or to American citizens of Chinese descent.”Rising in opposition to the bill, Rep. Jerry Nadler (D-NY) said that resurrecting the “misguided” China Initiative would represent a “clear step backwards.”“The China Initiative did not just waste valuable resources. If you were a person of Chinese descent working in American higher education, you were a suspect,” said Nadler, the top Democrat on the House Judiciary Committee. “Rather than keeping America safe, the China Initiative divided workplaces, ruined careers, and contributed to anti-Asian hate at the height of the pandemic,” he added.Rep. Judy Chu (D-CA), chair of the Congressional Asian Pacific American Caucus, also took to the House floor in opposition to the bill. She described the China Initiative as “the new McCarthyism,” referring to fears of communist influence in the U.S. during the Cold War that were stoked by Sen. Joseph McCarthy (R-WI). “McCarthyism had deadly effects in the 1950s and so does the China Initiative, harming our country’s competitive edge by casting a chilling effect on our academic community,” Chu said. “While we all want to stop American secrets from being stolen, investigations should be based on evidence of criminal activity, not race and ethnicity.” “This bill would essentially re-establish the DOJ’s harmful and ineffective China Initiative, in all but name,” said Joanna Derman , director of anti-racial profiling, civil rights, and national security for Asian Americans Advancing Justice | AAJC, in an email. “Instead of reviving a program that we know led to the racial profiling of Asian immigrant and Asian American scientists, we should be discussing policy solutions that would actually attract and retain top talent in critical STEM fields,” Derman continued. Last week’s vote is not the first time that the House has attempted to reinstate the China Initiative — a similar provision is in the House’s appropriations bill for DOJ. Various advocacy groups representing Asian Americans, such as the Asian American Scholar Forum and Stop AAPI Hate, have called for Congress to remove the provision from the final version of the appropriations bill.AIP is a non-profit organization that promotes the advancement and dissemination of knowledge in the field of physics and related disciplines. Founded in 1931, it serves as a federation of scientific societies, supporting the physics community through a variety of initiatives, including publications, advocacy, education, and outreach.Read the AIP report: https://bit.ly/47yU0FU . Read the White House statement: https://bit.ly/3XvIXJ1 What is McCarthyism? McCarthyism refers to a period of intense anti-communist suspicion in the United States during the early Cold War, particularly in the late 1940s and 1950s. Named after Senator Joseph McCarthy , it is characterized by widespread accusations of communist infiltration in American institutions, often without substantial evidence. The movement targeted government officials, entertainment industry figures, educators, and union leaders, among others, accusing them of being Soviet sympathizers or communist spies. McCarthyism led to investigations by the House Un-American Activities Committee (HUAC) and loyalty tests for federal employees. Many individuals lost their jobs, were blacklisted from industries (especially in Hollywood), or faced public shaming. The era also created a climate of fear and repression, where dissenting political views were suppressed.The term "McCarthyism" now broadly refers to the practice of making baseless accusations or using unfair investigative methods to suppress dissent and stoke public fear. The movement began to collapse in 1954 after McCarthy's own credibility was questioned during the televised Army-McCarthy hearings. The famous moment during the hearings came when Joseph Welch , an attorney for the Army, confronted McCarthy with the line, "Have you no sense of decency, sir?" This marked a turning point in public opinion against McCarthy, leading to his censure by the U.S. Senate, and the eventual end of the era.McCarthyism left a lasting impact on American politics and culture, often viewed as a cautionary tale about the dangers of political persecution and mass hysteria.Watch the PBS video clip "Have You No Decency?" https://www.youtube.com/watch?v=svUyYzzv6VI (5:46) Book Chapter on New Red Scare The FBI has a long history of surveillance of ethnic Chinese scientists in the United States. McCarthyism, the Economic Espionage Act, and more recently the China Initiative were initiatives adversely impacting Chinese and Chinese Americans living in the U.S. The stereotypes of Asian and Chinese scientists as “disloyal” stem from the perpetual foreigner trope. The key here is that most of them were U.S. citizens. They are as much an American as any other American, yet their “loyalty” is perceived as less trustworthy. This stereotype has harmful, life-altering consequences.Read this and other chapters from the book Communicated Stereotypes at Work by Anastacia Kurylo (Editor, Contributor), Yifeng Hu (Editor, Contributor), Wilfredo Alvarez (Contributor), & 29 more. ASIN:B0CSK2PGY3. Lexington Books (May 15, 2024) Opinion on Don't Bring "China Initiative" Back and More Statements On September 19, 2024, The Hill published an opinion by Mike German, senior fellow in the Brennan Center for Justice’s Liberty and National Security Program and a former FBI special agent. According to the opinion, allies of Donald Trump aim to revive the China Initiative, a failed Trump-era program targeting economic espionage by Chinese agents, which led to racial profiling and harm to U.S. science. The Heritage Foundation's Project 2025 proposes its return, while Congress recently passed a bill to rebrand it as the "CCP Initiative."Originally launched in 2018, the China Initiative became a tool for targeting Chinese and Asian American researchers, rather than catching spies, leading to a chilling effect on scientific research. Although FBI Director Christopher Wray claimed widespread China-related misconduct, most investigations did not result in espionage convictions, instead focusing on minor administrative offenses.Read The Hill opinion by Mike German: https://bit.ly/47yBPQI Read more statements condemning the revival of the China Initiative:2024/09/20 1990 Institute: The 1990 Institute condemns H.R.1398, legislation that reestablishes the China Initiative 2024/09/18 AAASE: Open Letter to Congress 2024/09/18 OCA: OCA Condemns Measures Fueling Xenophobia and Discrimination 2024/09/09 ACE: Letter to House Leaders AASF Forum with the National Institutes of Health On September 19, the Asian American Scholars Forum (AASF) hosted a public forum with leadership from the National Institutes of Health (NIH). The speakers included NIH Director Dr. Monica M. Bertagnolli and NIH Principal Deputy Director Dr. Lawrence A. Tabak . AASF Executive Director Gisela Kusakawa moderated the forum. In her opening remarks, Dr. Bertagnolli acknowledged the valuable contributions of Asian scholars to the U.S. scientific community and reaffirmed NIH's commitment to building relationships with Asian scholars to address the most challenging research challenges in health sciences collaboratively. Dr. Bertagnolli expressed deep concern over the fallout that the U.S. government’s efforts to address troubling actions from China have had on Asian scholars and the difficulties they face. She stated, "We are here to tell you: we hear you, and we see you. We are ready to work together with you as partners in a productive manner."Kusakawa asked about Dr. Bertagnolli’s vision for NIH in the future, and how NIH can create a warm and welcoming environment to protect and empower Asian scholars. Dr. Bertagnolli highlighted that one of NIH’s strengths is its inclusiveness, which brings together the best scientists from diverse backgrounds to address cutting-edge scientific challenges. She noted that ensuring that Asian scholars feel welcome in this environment is crucial. She also noted that rebuilding trust in NIH among Asian scholars, especially those who have lost confidence in the government and NIH, remains an ongoing effort.Dr. Bertagnolli listed a number of steps to make Asian American scholars feel included and welcomed at NIH. She said that today’s forum was aimed at clearing up misunderstandings, and listening to the voices of Asian scholars. She also said NIH will provide more training on research integrity, use new disclosure forms, and explain NIH’s new policy matrix, which further clarifies NIH’s response to foreign adverse influence. She thanked Asian American organizations including AASF for their input in developing these policies. Kusakawa mentioned the recent passage of a bill in the House of Representatives attempting to reinstate the China Initiative and asked how NIH handles political pressure while protecting Asian scholars from excessive scrutiny and maintaining the integrity of NIH research. Dr. Bertagnolli said this was a very important question and emphasized that, regardless of the political climate, NIH remains committed to ensuring the quality and integrity of the research it funds. These policies, on the one hand, are a responsibility to taxpayers and, on the other, help protect researchers from undue foreign influence, which has long been a core principle of NIH policy, well understood by researchers.Dr. Bertagnolli specifically emphasized that, in 2022, NIH began updating its Policies & Procedures for Promoting Scientific Integrity in response to a presidential memorandum. Dr. Bertagnolli reiterated that maintaining research integrity and protecting it from harmful foreign influence has always been NIH’s policy.During the subsequent session, NIH Principal Deputy Director Dr. Lawrence A. Tabak continued to answer questions from AASF. In his responses, Dr. Tabak denied that NIH specifically targeted Chinese researchers based on their ethnicity and stressed that NIH’s investigations targeted certain behaviors that potentially violate the agency’s policy, not focused on individuals. He clarified two additional misunderstandings: first, that NIH is not involved in the now-defunct Department of Justice's China Initiative; and second, that NIH does not have the authority to stop research funding to an institution or university due to the actions of an individual.Dr. Tabak also mentioned that while NIH does not have the power to suggest actions to members of Congress proactively, it always cooperates when lawmakers request technical explanations and support. NIH can use these opportunities to clarify relevant issues to legislators and educate them on specific issues. Kusakawa further raised the issue of how to overcome the underrepresentation of Asian scholars in leadership positions. Dr. Tabak explained that NIH’s previous approach was to train senior researchers with the hope that they would move into leadership roles. Now, however, they have begun training younger researchers hoping to address the problem more effectively.Finally, Dr. Tabak praised the work of organizations like AASF. He stated that NIH looks forward to collaborating with AASF and universities to strengthen connections with Asian scholars. More than 600 people registered for the forum, and over 60 questions were submitted. The record of this event will be available publicly. Juan Zhang , editor at US-China Perception Monitor, contributed this report. Comments and Questions Submitted by APA Justice APA Justice submitted the following comments and questions for the AASF Forum with NIH:"Dr. Bertagnolli’s recent statement was an important first step. The forum is another positive step to repair relationships and rebuild trust."While it is important to turn the page and move forward, it is equally essential to reflect on what went wrong and the lessons learned from all sides over the past six years—particularly with the looming threat of a China Initiative revival."Over the past six years, both intended and unintended consequences have emerged. Hundreds if not thousands of researchers, an overwhelming proportion of them were of Chinese origin, were placed under suspicion, surveilled, investigated, or prosecuted—many of them continue to this day. More than 100 scientists and researchers lost their jobs and had their reputation and finances ruined. At least two prominent Chinese American researchers—one from Northwestern University and another from Arizona State University—died by suicide, reportedly as a result of inquiries or investigations initiated by the NIH."Does the NIH believe all these scientists and researchers were treated fairly and justly? Will the NIH conduct a review of some, if not all, of these cases to assess the fairness of the process and hearing of their appeals? Will the NIH work with institutions, faculty, and the Asian American and scientific communities to establish a consistent due process framework, ensuring that the accused have a fair opportunity to refute charges and defend themselves?" Dr. Zhijian “James” Chen Wins “America’s Nobel” According to Forbes , South China Morning Post , and multiple media on September 19, 2024, Dr. Zhijian “James” Chen 陈志坚 won the 2024 Albert Lasker Basic Medical Research Award, which is also known as "America's Nobel."Dr. Chen is Professor of Molecular Biology and Director of the Center for Inflammation Research at University of Texas Southwestern (UTSW) Medical Center and the George L. MacGregor Distinguished Chair in Biomedical Science. He was recognized for his discovery of the cGAS enzyme that senses pathogens like viruses and bacteria and triggers the body’s immune system. His work provides clues for new treatments of cancer and other diseases.“Dr. Chen’s research has elucidated the process by which our bodies fight off invasive pathogens, including viruses, bacteria, and other microbes, through the detection of wayward intracellular nucleic acids. Insights into this signaling pathway provide a foundation for new approaches to the treatment of cancer and autoimmune diseases as well as vaccine development,” said Daniel K. Podolsky , M.D., President of UTSW. Shan-Lu Liu , a professor of virology at Ohio State University, also said that Dr. Chen's discovery had "opened new avenues" for understanding autoimmune diseases. "Dr Chen's work not only enhances our understanding of immune mechanisms, but also provides potential strategies for treating diseases linked to immune dysregulation," Dr. Liu said.Dr. Chen is the fourth UTSW faculty member to win a Lasker Award. The previous three winners are all Nobel laureates. The Lasker Awards recognize significant achievements in medicine and biomedical research. Since 1945, the Lasker Foundation has awarded more than 400 prizes to outstandig scientists and clinical researchers. A total of six individuals were recognized this year with awards in three categories — basic research, clinical research, and public service. Each award carries a stipend of $250,000.Dr. Chen is the sixth scientist of Chinese origin to receive a Lasker Award. He is also the second Chinese recipient in the basic research category, more than six decades after biochemist Choh Hao Li , who won in 1962. Dr. Chen, 58, was born in a rural area of China's southeastern Fujian province. After graduating with a bachelor's degree in biology from Fujian Normal University in 1985, he won an overseas scholarship to the State University of New York at Buffalo, where he earned a PhD in biochemistry in 1991. He set up a lab at UTSW in 1997 and was elected to the US National Academy of Sciences in 2014. Read the Forbes report: https://bit.ly/3zDR9yK . Read the South China Morning Post report: https://bit.ly/3Bm3doN News and Activities for the Communities 1. APA Justice Community Calendar Upcoming Events:2024/09/25 C100: State of Chinese American Survey 2024 2024/09/25-26 APAICS Technology Summit2024/09/26 White House Initiative AA& NHPI Policy Summit2024/09/27 The War for Chinese Talent in America: The Politics of Technology and Knowledge in Sino-U.S. Relations2024/09/29 Rep. Gene Wu's Town Hall Meeting2024/10/02 C100: Asian American Career Ceiling Initiative2024/10/06 Rep. Gene Wu's Town Hall Meeting2024/10/07 APA Justice Monthly Meeting2024/10/08 Media Training for Election Season2024/10/10 China in the Heartland: Building a Balanced Approach2024/10/11 China and the World Forum (Virtual): China-U.S.: Destined for War or Inevitable Peace?The Community Calendar has moved. Visit https://bit.ly/3XD61qV for event details. 2. APA Justice Newsletter Web Page Moving to New Website As part of its continuing migration to a new website under construction, we are moving 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 September 25, 2024 Previous Newsletter Next Newsletter

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Qing Wang 王擎 Docket ID: 1:20-mj-09111 District Court, N.D. Ohio Date filed: May 12, 2020 Date ended: July 20, 2021 Table of Contents Overview Deletion from DOJ China Initiative Online Report 2021/09/15 Washington Post Report Cleveland Clinic Foundation Held Accountable in 2024 Links and References Overview On May 14, 2020, the Department of Justice (DOJ) announced the arrest of Dr. Qing Wang as a former Cleveland Clinic employee and a Chinese “Thousand Talents” participant. The case was listed under the China Initiative. Dr. Wang was charged with false claims and wire fraud related to more than $3.6 million in grant funding that he and his research group received from the National Institutes of Health (NIH). Cleveland Clinic fired Dr. Wang the same day he was arrested. Dr. Wang was born in China, began his work at the Cleveland Clinic in 1997 and became a U.S. citizen in 2005. He specialized in breakthroughs in heart disease at the Lerner Institute of the Cleveland Clinic—one of the world’s leading research centers. On July 15, 2021, DOJ moved to dismiss its case against Dr. Qing Wang. In a statement, the DOJ explained, "The United States Attorney’s Office moved to dismiss the complaint, without prejudice, against Qing Wang, a.k.a. Kenneth Wang. The Office has made this decision after a review of the case and will decline further comment at this time." The Cleveland Clinic also released a statement saying, “We have fully cooperated with federal law enforcement’s investigation into this matter. Dr. Wang’s employment was terminated following an internal review which revealed violations of Cleveland Clinic and National Institutes of Health (NIH) policies.” On July 20, 2021, U.S. Magistrate Judge William H. Baughman, Jr. ordered the dismissal of Dr. Wang’s case. After DOJ made the motion to dismiss Dr. Wang’s case, it proceeded to delete it from its online report on the China Initiative – a practice that was continued unannounced and without explanation for several months until November 2021 when APA Justice reported it to the Attorney General and MIT Technology Review began to build a database on the online report. On September 15, 2021, the Washington Post published an interview with Dr. Wang, who later restarted his research career at China’s Huazhong University of Science and Technology. On June 21, 2024, Science reported that DOJ reached a settlement with the Cleveland Clinic Foundation (CCF), requiring CCF to pay $7.6 million to resolve allegations of mismanagement involving three NIH grants. This settlement sends a clear message that research institutions will be held accountable for failing to adequately monitor outside support provided to their faculty. Defense attorney for Dr. Wang maintained that his client had followed the rules and voluntarily disclosed his Chinese support. “He told them everything—both NIH and CCF.” The CCF settlement, he added, simply confirmed Dr. Wang’s innocence. Deletion from DOJ China Initiative Online Report The Department of Justice (DOJ) maintained an online report on China Initiative cases since the initiative's launch in November 2018, including Dr. Qing Wang's case. However, after the DOJ moved to dismiss Dr. Wang’s case, DOJ deleted his case from the online report. This unannounced practice of removing dismissed or acquitted cases continued for several months without explanation. On November 24, 2021, APA Justice reported the removal of about 20 cases from its online China Initiative report to Attorney General Merrick Garland. MIT Technology Review brought this practice to light with a published investigative report on December 2, 2021. DOJ ceased to update its online report on November 19, 2021. The end of the China Initiative was formally announced on February 23, 2022. 2021/09/15 Washington Post Report According to the Washington Post on September 15, 2021, in the weeks leading up to his arrest, Dr. Qing Wang was interviewed by the Cleveland Clinic and the National Institutes of Health (NIH) about his grants. He got no indication he was under criminal suspicion. “I was shocked,” he said about his early morning arrest in May 2020. “At that moment,” he said, “I felt that my life was over.” Dr. Wang was the lead investigator on a research project on the genetics of cardiovascular disease, funded by more than $3.6 million in NIH grants. He allegedly neglected to disclose to NIH that even as he was a professor at Cleveland Clinic’s Lerner College of Medicine, he was a beneficiary of the Thousand Talents Program, through which the Chinese government recruits academics in the West whose expertise might benefit Beijing. In an affidavit , FBI agent John Matthews alleged that through the program, Dr. Wang was made dean of the College of Life Sciences at Huazhong University of Science and Technology. The agent said Wang concealed receiving Chinese government grants totaling $480,000 for research that overlapped with his U.S.-funded work. In particular, Matthews alleged, citing NIH information, “the families used in both studies were mostly the same.” Dr. Wang’s lawyer, Peter Zeidenberg, disputed the allegations, saying Wang disclosed his research in China as part of the NIH application and did not use American families for the Chinese study. Dr. Wang also disclosed to the Cleveland Clinic that he was affiliated with the talent program, said Zeidenberg, a former federal prosecutor and a partner at Arent Fox in Washington. “Ultimately this came down to whether the grant forms were filled out correctly,” Zeidenberg said. “The information was all there. It just wasn’t where the NIH was looking.” Over 34 years of research in the United States, including 21 at the Cleveland Clinic, Dr. Wang led a team that discovered the first gene for Brugada syndrome, a disorder causing irregular heart rhythm, which can be fatal — especially in young people. He wanted to stay in the United States because it “has the best environment for science in this area,” and because he thought he would have the most impact in a country where heart disease is the leading cause of death. The arrest terrified Dr. Wang, his wife, Qiuyun Chen, and their two daughters. “We worked so hard day and night just trying to understand how to prevent human disease,” said Chen, who also came to the United States in 1986 to study and was a member of Dr. Wang’s Cleveland Clinic research team. “And you never think this would be criminal.” Cleveland Clinic Foundation Held Accountable in 2024 According to a report by Science on June 21, 2024, the U.S. Department of Justice (DOJ) has signaled that research institutions will be held accountable for oversight failures. In a settlement reached on May 17, 2024, the Cleveland Clinic Foundation (CCF) agreed to pay $7.6 million to resolve allegations of mismanaging three National Institutes of Health (NIH) grants. As part of the settlement, a senior CCF administrator must personally attest to the accuracy of all NIH submissions, a significant responsibility. The case began in 2018 when NIH investigated CCF cardiovascular geneticist Dr. Qing Wang, based on an FBI list of scientists allegedly receiving Chinese funding. Following a CCF investigation, NIH suspended Dr. Wang’s $2.8 million grant in April 2020, and CCF terminated his employment. Dr. Wang was arrested in May 2020 under the China Initiative but was later cleared when the DOJ dropped the charges in July 2021 without explanation. Dr. Wang’s lawyer maintained that Dr. Wang had disclosed all necessary information to NIH and CCF, asserting his client's innocence. The CCF settlement follows earlier civil settlements with the Van Andel Institute, where scientists were not criminally charged, amounting to $6.6 million in 2019 and 2021. Previous Item Next Item

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

Newsletter - #266 Franklin Tao Wins Appeal; NBER Study; 1990 Workshop Video; Wisconsin Farmland; + #266 Franklin Tao Wins Appeal; NBER Study; 1990 Workshop Video; Wisconsin Farmland; + In This Issue #266 · Professor Feng "Franklin" Tao Wins Appeal · Study Shows Drastic Decline in US-China Scientific Exchange · 1990 Institute Teachers Workshop on U.S.-China Relations · WPR : Fears of China-owned Farmland in Wisconsin and US are Exaggerated · News and Activities for the Communities Professor Feng "Franklin" Tao Wins Appeal According to Reuters, Science, and multiple reports, on July 11, 2024, the Tenth Circuit Court of Appeals in Denver overturned the lone conviction of former University of Kansas (KU) Professor Feng "Franklin" Tao for making a false statement related to work he was doing in China.Professor Tao was one of the first academic scientists charged under the now-defunct China initiative launched in November 2018 by then-President Donald Trump to combat Chinese economic espionage. In 2019, DOJ had relied on information provided by one of Tao’s former colleagues — a visiting scholar at KU angry with Tao amid an authorship dispute. The colleague had demanded $300,000 from Tao or she would tell the FBI that Tao was a spy.The FBI investigation found no evidence of espionage involving Professor Tao. However, while still a tenured KU faculty member, he was arrested in August 2019 and spent 1 week in jail. In April 2022, a federal jury convicted him of three counts of wire fraud as well as making a false statement to KU about his ties to Fuzhou University in connection with grants from the Department of Energy (DOE) and the National Science Foundation (NSF). The university fired him after the jury decision, but 5 months later U.S. District Court Senior Judge Julie Robinson threw out the fraud convictions, citing a lack of evidence. And in January 2023 she rejected the government’s request for jail time and a stiff fine as a penalty for the false statement conviction. Professor Tao was sentenced to time served and a two-year probation, which was later reduced to one year. Professor Tao appealed the jury’s decision on this last remaining count, and the Tenth Circuit Court of Appeals in Denver ruled in a 2-to-1 decision that Professor Tao was right. “We reverse his conviction … and agree with Tao that the government offered insufficient evidence for a rational jury to find that his statement to his employer was material to any DOE or NSF decision” affecting the status of his grants. U.S. Circuit Judge Nancy Moritz , wrote for the majority. Professor Tao is one of many China Initiative cases against U.S. academics that have fallen apart in court. President Joe Biden ’s administration officially ended the program in February 2022. But Republicans in the U.S. House of Representatives have campaigned for it to be reinstated.Professor Tao said in a statement issued by United Chinese Americans (UCA) after the appeal victory, "Today, I come to you with a mix of heavy and joyous feelings to update you on the outcome of our four-year struggle. The Tenth Circuit Court has removed the last remaining charge against me. These four years of fighting against ten baseless charges have been an unimaginable battle. Without the just legal assistance of our lawyers, Peter Zeidenberg and Mike Dearington , I could not have achieved today's victory. "I want to express my gratitude to our Chinese and Asian communities (including UCA, AAJC, Committee 100, APA Justice, Asian American Scholar Forum, CALDA, AFI, OCAA...) and the many Chinese friends who supported me. I am especially thankful for UCA's continued support and encouragement over these years. Special thanks go to UCA President Haipei Shue and his team for their tremendous support. Without President Shue's personal encouragement and support, we could not have fought to this day!" 2024/07/13 AP: Court voids last conviction of Kansas researcher in case that started as Chinese espionage probe 2024/07/12 CALDA: 陶教授无罪，华人无罪 2024/07/12 Science: Court exonerates Kansas professor in China research fraud case 2024/07/12 Kansas Reflector: Federal appellate court tosses final conviction in case against former tenured Kansas professor 2024/07/11 俄州亚太联盟 OCAA: 罪名被推翻，陶峰教授赢了！ 2024/07/11 美國華人聯盟 UCA: 快讯 | 华裔学者陶丰胜诉，联邦上诉法院推翻定罪 2024/07/11 Reuters: Kansas researcher wins reversal of conviction in Trump-era China probe APA Justice: Feng "Franklin" Tao 陶丰 Study Shows Drastic Decline in US-China Scientific Exchange In its June 2024 issue, the National Bureau of Economic Research (NBER) published a working paper titled Building a Wall Around Science: "The Effect of U.S.-China Tensions on International Science Research." The paper examines the impact of rising U.S.-China geopolitical tensions on three main dimensions of science: STEM trainee mobility between these countries, usage of scientific works between scientists in each country, and scientist productivity in each country. The paper examines each dimension from a “U.S.” perspective and from a “China” perspective in an effort to provide evidence around the asymmetric effects of isolationism and geopolitical tension on science.The paper finds that between 2016 and 2019 ethnically Chinese graduate students became 16% less likely to attend a U.S.-based Ph.D. program, and that those that did became 4% less likely to stay in the U.S. after graduation. In both instances, these students became more likely to move to a non-U.S. anglophone country instead.Second, the paper documents a sharp decline in Chinese usage of U.S. science as measured by citations, but no such decline in the propensity of U.S. scientists to cite Chinese research. Third, the paper finds that while a decline in Chinese usage of U.S. science does not appear to affect the average productivity of China-based researchers as measured by publications, heightened anti-Chinese sentiment in the U.S. appears to reduce the productivity of ethnically Chinese scientists in the U.S. by 2-6%.The results do not suggest any clear “winner,” but instead indicate that increasing isolationism and geopolitical tension lead to reduced talent and knowledge flows between the U.S. and China, which are likely to be particularly damaging to international science. The effects on productivity are still small but are likely to only grow as nationalistic and isolationist policies also escalate. The results as a whole strongly suggest the presence of a “chilling effect” for ethnically Chinese scholars in the U.S., affecting both the U.S.’s ability to attract and retain talent as well as the productivity of its ethnically Chinese scientists.According to a report by the University World News on July 11, 2024, in almost every area, the NBER paper shows that “geopolitical tensions at a much lower level than the formal expulsion of academics or violent warfare can lead to a significant shift in scientist mobility”. Professor Britta Glennon , who teaches management at the Wharton School (University of Pennsylvania) and is one of the study’s four co-authors. “Over the past few decades, science has become more international across many dimensions. Science used to be concentrated in the West, but today there is a much more international scientific community," she said. “For instance, many academics are immigrants, so right there you have a very international community. There are many more international collaborations than there used to be. And, increasingly, citations in papers are from papers produced in other countries. Our study demonstrates in quantifiable terms how this large international scientific community is affected by the geopolitical tensions between the United States and China, which, from a scientific standpoint, are the major players." For their analysis of mobility using the Open Research and Contributor ID (ORCID), on which academics post their curricula vitae, Glennon and her colleagues constructed a database of 836,495 CVs in STEM fields (out of ORCID’s 14 million CVs).Using machine learning methods that infer ethnicity from names, they were able to classify scientists as being “ethnically Chinese”, which was the treatment group. The control group for those analyses was the non-ethnically Chinese complement, which was drawn from graduate students and professors in UK universities.The Pew Research Center reported in 2020 that anti-Chinese sentiment had risen 11 percentage points, from 55% to 66% in the five years since Trump began his first campaign for the presidency, which included significant anti-Chinese rhetoric, and the COVID-19 crisis, which Trump blamed on the Chinese calling it “the China virus”. Glennon and her colleagues also reference the 2021 study, “Racial Profiling among Scientists of Chinese Descent and Consequences for the US Scientific Community”, that found that Chinese scientists “reported considerable fear of US government surveillance” at almost five times the rate of non-Chinese scientists: 50.7% vs 11.7%. An additional chill was Trump’s “China Initiative”. Some 5,000 agents were assigned to the initiative tasked with preventing China from stealing technologies that were vital to America’s economic and military interests. In July 2020, FBI director Christopher A Wray stated that the bureau was “opening a China-related counterintelligence case every 10 hours”. As of September 2021, federal prosecutors had charged 28 researchers under the China Initiative. Of these, there had been about a dozen convictions or guilty pleas. Of the dozen or so Chinese professors or professors of Chinese descent, the government had convicted only four – none for espionage or theft of trade secrets or intellectual property.President Joe Biden ’s justice department closed down the initiative in February 2022.Read the NBER paper : https://bit.ly/4602fKc . Read the University World News report: https://bit.ly/4bLXfKp . 1990 Institute Teachers Workshop on U.S.-China Relations Political campaigns have and continue to portray China through an adverse lens, affecting decades-long efforts to build constructive relations with national and global implications.On June 20, 2024, the 1990 Institute hosted a Teachers Workshop on "U.S.-China Relations: Untangling Campaign Rhetoric and Understanding Policy." APA Justice was one of the co-sponsors for the workshop.China scholars from Yale Law School, the University of Pennsylvania, and New York University’s Steinhardt School spoke at the workshop, providing context with an overview of the history of U.S.-China relations and then delved into issues affecting this global relationship during this election year, including trade, technology, and Taiwan.Watch a recording of the workshop: https://www.youtube.com/watch?v=w8AisB1NZYo (video 1:30:03). Read the curated resources and lesson plans in the 1990 Institute's Reference Library. WPR : Fears of China-owned Farmland in Wisconsin and US are Exaggerated According to Wisconsin Public Radio on July 10, 2024, lawmakers and citizens are raising concerns about Chinese companies purchasing U.S. land. But a new analysis paints a different picture of who owns and leases American farmland.Wisconsin is among more than two-thirds of all states that are considering or have enacted laws limiting or banning foreign ownership of land. A Wisconsin state statute restricts foreign private investment in land. Wendon Zhang , an assistant professor of economics with Cornell University, and two other researchers recently published an article — “ Mapping and Contextualizing Foreign Ownership and Leasing of U.S. Farmland ” — in the 2024 Journal of the American Society of Farm Managers and Rural Appraisers. In an interview with Wisconsin Public Radio , Zhang said his recent research found that China and other “adversarial countries” hold zero acres of land in the “Lake Region” of the U.S., a space that includes Wisconsin. His team found that Canada, Denmark and Portugal are the top three holders of Wisconsin’s foreign-held land.“The bottom line is, if you’re concerned about significant Chinese holdings of agricultural land in Wisconsin, the evidence seems to say the contrary,” Zhang said.The U.S. has 3.4 percent of all privately-held agricultural land owned or long-term leased by foreign companies. That percentage in Wisconsin is 2.4 percent. Eighty-five percent of all land in Wisconsin that has a foreign interest is forest land. So it is not cropland, not pasture land. It is actually nearly 400,000 acres of forest land, predominantly with Canadian ownership. When you are looking at the adversary countries — China, Russia, Iran, North Korea and Venezuela — based on the public records voluntarily reported to USDA, all these countries do not hold any agricultural land in Wisconsin.However, Zhang also found that more than 51 percent of Wisconsin’s foreign-held agricultural land is categorized without a prominent country code, meaning investors in a particular property come from multiple countries. Zhang said it’s possible China or other countries might hold shares small enough in some types of holdings to fall outside of what is reported to the government, leaving them underrepresented in USDA data.Read the Wisconsin Public Radio report: https://bit.ly/3S3bwvc . Read the journal article: https://bit.ly/3xTZq0N News and Activities for the Communities 1. APA Justice Community Calendar Upcoming Events: 2024/07/15 APIAVote: RNC Convention, AAPI Briefing &Reception, Milwaukee, WI2024/07/16-17 National Science, Technology, and Security Roundtable - Capstone2024/07/17 C100 Career Ceiling Summit: Creating a Level Playing Field2024/07/25-28 Leadership Convention by NAAAP (National Association of Asian American Professionals) 2024/07/27-28 Asian American Pioneer Medal Symposium and Ceremony2024/08/04 Rep. Gene Wu's Town Hall Meeting2024/08/05 APA Justice Monthly Meeting2024/08/19 DNC Convention, AAPI Briefing & Reception, Chicago, ILThe Community Calendar has moved. Visit https://bit.ly/3XD61qV for event details. Back View PDF July 15, 2024 Previous Newsletter Next Newsletter

June 7, 2019 A fallout from racial profiling Chinese American scientists is the loss of talent by the U.S. in an increasingly competitive world for talents. A June 7, 2019 Asian Times article provides ample current and past examples and a succinct summary of how " US will regret persecuting Chinese scientists . " Racial profiling harms the long-term interests of America by forcing talented and renowned scientists, many of them naturalized U.S. citizens, out of the country into the welcoming arms of China. Ironically, profiling those in China's talent recruitment programs actually facilitates China’s recruitment. Stigmatizing all students from China, which exceeded 350,000 at US universities in 2017, as potential spies for China will not enhance but harm the pipeline of American research and innovation. This May 29 essay titled " My Science Has No Nationality " by a young Chinese American female physicist describes the plight of many of today's Chinese American scientists. 2019/07/15 Inside Higher Ed: Attacking Chinese on Our Campuses Only Hurts America Examples of America's Lost Talents Dr. Xin Zhao , a prize-winning applied physicist from the College of William and Mary in Virginia, had to relocate his startup venture to commercialize some of the school’s patented nanotechnology from the U.S. to China after a federal investigation that included a failed sting, airport stops and an unfounded child-porn search. Dr. Chunzai Wang , a U.S. citizen and one of the foremost experts on ocean-atmosphere interaction, climate change, and hurricanes in the world, is now a member of the Chinese Academy of Sciences in China. He was a research oceanographer in the National Oceanic and Atmospheric Administration (NOAA). He received the NOAA Research Scientist of the Year award in 2012 and 2013. Dr. Xifeng Wu , a U.S. citizen, is now Dean of School of Public Health, Vice President for the Second Affiliated Hospital and the Director for National Institute of Health Big Data, Zhejiang University in China. She was Director, Center for Public Health and Translational Genomics and Professor, Department of Epidemiology at the MD Anderson Cancer Center in January 2019. Dr. Xiaorong Wang is now a Distinguished Professor of School of Chemical Science and Engineering and of Institute for Advanced Study at Tongji University at Shanghai, China. He was a project and group leader at Bridgestone Americas Center for Research and Technology and received the Bridgestone/Firestone CEO Award for distinguished research. Dr. Xuesen Qian (1911-2009) is known as the founder of engineering cybernetics and father of the space program for China. He was a co-founder of the Jet Propulsion Laboratory in the U.S. During the Second Red Scare in the 1950s, the U.S. government accused him of communist sympathies. After spending five years under house arrest, he was released in 1955 and deported to China. The head of the US Navy at the time was quoted as saying that Qian’s deportation was "the stupidest thing this country ever did. He was no more a communist than I was and we forced him to go.” Latest from BBC: Qian Xuesen: The scientist deported from the US who helped China into space Previous Next America Loses Talent by Racial Profiling

Newsletter - #5 Tentative Agenda For August 3 Meeting #5 Tentative Agenda For August 3 Meeting Back View PDF July 24, 2020 Previous Newsletter Next Newsletter

Newsletter - #29 12/2 Webinar; "China Initiative" Reports And Statistics; 2020 Census #29 12/2 Webinar; "China Initiative" Reports And Statistics; 2020 Census Back View PDF November 19, 2020 Previous Newsletter Next Newsletter

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

Newsletter - #161 Franklin Tao; National Strategy; House Committees; Texas Bill; Asian Student Stabbed​ #161 Franklin Tao; National Strategy; House Committees; Texas Bill; Asian Student Stabbed In This Issue #161 Breaking News : Feng "Franklin" Tao Sentenced - No Prison and No Fine National Strategy to Advance Equity, Justice, and Opportunity for AANHPI Communities Released House Select Committees Texas Bill Forbids Chinese Nationals from Purchasing Land Indiana University student stabbed in apparent anti-Asian attack Breaking News : Feng "Franklin" Tao Sentenced - No Prison and No Fine Kansas University (KU) Professor Feng "Franklin" Tao 陶丰 was the first academic to be indicted under the now-defunct "China Initiative."Professor Tao was originally charged with eight counts of wire fraud and two counts of false statements. After voluntary dismissals and acquittals by the judge and jury on the other charges, Professor Tao was convicted by jury on one count of false statement. He faced sentencing in federal court in Kansas City, Kansas, on January 18, 2023. According to a report by Science , a federal judge handed down the lightest possible sentence in the U.S. government’s case against Professor Tao. The decision is the latest rejection by U.S. courts of the government’s attempt to prosecute Chinese-born scientists for lapses in reporting their research interactions with China.U.S. District Court Senior Judge Julie Robinson imposed no jail time and no fine for Tao in sentencing him for making a false statement to KU in reporting his ties to Fuzhou University. Government attorneys had requested a 30-month sentence and a fine of $100,000. Tao, who has been on unpaid administrative leave from KU since his arrest in August 2019, faces 2 years of probation, but Robinson said that could be cut in half for good behavior.Speaking from the bench before the sentencing, Robinson made a point of separating Tao’s case from those of alleged economic espionage under the now-defunct "China Initiative," begun in 2018 during the administration of then-President Donald Trump. “This was not an economic espionage case,” Robinson said. Neither was Tao trying to rip off the government, the judge continued. “Frankly, I thought going into this case that I was going to hear evidence … [that Tao] hurt taxpayers,” Robinson said. Instead, the work Tao was doing “is the type of research that is fundamental research … something that is freely shared.”“Dr. Tao is immensely relieved that Judge Robinson agreed that a sentence of time served was appropriate,” his lawyer, Peter Zeidenberg , said in a statement after the sentence was handed down. Zeidenberg said Tao will ask an appellate court to throw out his conviction. Tao is also fighting the university’s efforts to terminate his employment as a tenured professor. Gisela Kusakawa , Executive Director of Asian American Scholar Forum, was in the courthouse and provided live reporting via Tweeter . The courtroom was completely full of concerned community members and academics. There were not enough available seats with folks standing.A GoFundMe campaign to raise legal defense funds for Professor is here: https://bit.ly/2Uj7Z19 Read the Science report at https://bit.ly/3XKRQNr . Read about Professor Tao's case at https://bit.ly/3fZWJvK Another "China Initiative" Case Dropped. On January 16, 2023, CNN reported that Federal prosecutors in Brooklyn moved to dismiss charges against a New York Police Department officer who had been accused of acting as a foreign agent on behalf of the Chinese government. Baimadajie Angwang , a naturalized U.S. citizen of Tibetan ethnicity and a Marine Corps veteran, was charged in September 2020 with acting as a foreign agent for China without notifying American authorities, wire fraud, making false statements and obstruction of an official proceeding. The 2020 arrest was another case brought under the now-defunct "China Initiative.” Read more about the CNN report at https://cnn.it/3XIwbWa National Strategy to Advance Equity, Justice, and Opportunity for AANHPI Communities Released On January 17, 2023, the White House Initiative on Asian Americans, Native Hawaiians, and Pacific Islanders (WHIAANHPI) convened federal government officials and community leaders to mark the release of the Biden-Harris Administration’s first-ever National Strategy to Advance Equity, Justice, and Opportunity for Asian American, Native Hawaiian, and Pacific Islander (AA and NHPI) Communities . At a special virtual event, senior Biden-Harris Administration officials outlined the details of 32 federal agency plans, which build on the Administration’s previous actions to promote safety and equity for AA and NHPIs. Community leaders also discussed additional steps the federal government can take to address critical priorities for AA and NHPI communities, including data disaggregation, language access, and combatting anti-Asian hate.Watch the event here: https://www.youtube.com/watch?v=fKGDADNmzqw (1:54:43) House Select Committees On January 18, 2023, Judge Rep. Grace Meng 孟昭文 , First Vice Chair of the Congressional Asian Pacific American Caucus (CAPAC), issued a statement on the creation of a Select Committee on Strategic Competition between the United States and the Communist Party of China, for which she voted against. "I have concerns with the potential direction that Republicans could take this Select Committee, including using this platform to promote policies and language that endanger Chinese Americans and people of Asian descent living in the U.S. By creating a new committee that focuses only on one country, instead of working with already existing House committees that currently have jurisdiction over the exact same issues, it could lead to unnecessary targeting of Americans of Asian descent living in the U.S. ... My hope is that the Select Committee will avoid past mistakes and instead focus on specific policy concerns related to the government of the People’s Republic of China and our own national interests," said Rep. Meng in the statement. Read Rep. Meng's statement here: http://bit.ly/3XbMiLK On January 12, 2023, NBC News reported "Asian American Democrats jostle for top slot on new GOP China committee." According to the report, Asian American lawmakers are making the case to House Democratic leader Hakeem Jeffries that he should appoint one of their own as the top Democrat on the new GOP-controlled select committee to examine competition between the U.S. and China. Amid a rise in anti-Asian violence spurred by the coronavirus pandemic, they want to make sure the panel is striking the right tone, remaining sensitive to the Asian American and Pacific Islander community and not further fanning the flames of xenophobia. Rep. Judy Chu 赵美心 , D-Calif., the chair of CAPAC, said she has spoken to Jeffries and recommended that Rep. Andy Kim , D-N.J., should be the ranking member. Kim, a former State Department official who later was a national security adviser in the Obama White House, has also spoken with Jeffries, D-N.Y., about the role, he said Thursday. Chu made it clear that she is advocating for Kim in her personal capacity — not on behalf of CAPAC, which held a lengthy meeting about the topic but has not endorsed a specific candidate for the job.At least two other CAPAC members have expressed interest in the ranking member slot: Reps. Raja Krishnamoorthi , D-Ill., a member of the Intelligence Committee, and Ro Khanna , D-Calif., a former Commerce Department official who represents a heavily Asian American district in Silicon Valley. Democrats get seven slots on the committee. Rep. Chu said she has recommended that Jeffries place four CAPAC members on the special panel: Kim, Krishnamoorthi, Khanna and Mark Takano of California, the top Democrat on the Veterans Affairs Committee. Read the NBC News report here: https://nbcnews.to/3XalRpU On January 13, 2023, Science reported "Now in charge, House Republicans launch flurry of investigations." According to the report, the new Republican majority in the U.S. House of Representatives has created three investigative panels: (1) Select Committee on Strategic Competition between the United States and the Chinese Communist Party due to "concerns in both parties that China has used economic espionage to help become a global leader in key high-tech fields, including energy storage, artificial intelligence, and quantum computing“, (2) Select Subcommittee on the Coronavirus Pandemic to "focus on claims, unsupported by evidence, that a laboratory in Wuhan, China, either bioengineered or accidentally released SARS-CoV-2 obtained from bats," (3) Select Subcommittee on the Weaponization of the Federal Government to probe “how executive branch agencies collect, compile, analyze, use, or disseminate information about citizens of the United States, including any unconstitutional, illegal, or unethical activities committed against U.S. citizens.”Read the Science report here: https://bit.ly/3iAdsgt Texas Bill Forbids Chinese Nationals from Purchasing Land According to the Equal Justice Initiative , on May 3, 1913, California enacted the Alien Land Law, barring Asian immigrants from owning land. California tightened the law further in 1920 and 1923, barring the leasing of land and land ownership by American-born children of Asian immigrant parents or by corporations controlled by Asian immigrants.California did not stand alone. Arizona, Arkansas, Florida, Idaho, Kansas, Louisiana, Missouri, Minnesota, Montana, New Mexico, Oregon, Texas, Utah, Washington, and Wyoming all enacted discriminatory laws restricting Asians’ rights to hold land in America. In 1923, the U.S. Supreme Court reviewed various versions of the discriminatory land laws—and upheld every single one. Most of these discriminatory state laws remained in place until the 1950s, and some even longer. On November 13, 2022, Texas Senator Lois Kolkhorst introduced Texas Bill SB 147 on "Relating to the purchase of or acquisition of title to real property by certain aliens or foreign entities." It prohibits not only governmental and certain entities, but also individuals who are citizens of of China, Iran, North Korea, or Russia to purchase or otherwise acquire title to real property in Texas, which includes legal permanent residents. The bill was filed after the Texas legislature unanimously passed the “Lone Star Infrastructure Protection Act” banning all contracts or agreements with foreign-owned companies related to critical infrastructure in Texas. Governor Greg Abbott signed it into law in 2021. Read the Texas SB 147 bill at http://bit.ly/3XEQhQP Indiana University student stabbed in apparent anti-Asian attack On January 15, 2023, the Washington Post and NPR reported that a 56-year-old woman stabbed an 18-year-old Indiana University student while riding a public bus in Bloomington. The suspect told police she stabbed the victim because the victim was "Chinese," adding that it "would be one less person to blow up our country."The suspect, Billie R. Davis has been charged with attempted murder, aggravated battery and battery with a deadly weapon.Security camera footage showed that Davis and the woman had not interacted before the attack. The footage showed Davis stabbing or attempting to stab her about seven times before returning to her seat on the bus. The student received treatment at a Bloomington hospital for several head wounds. Her condition was not released.Since the attack, Asian American students and staff at Indiana University have been grappling with grief, anger, anxiety, and fear, according to Melanie Castillo-Cullather, the director of the school's Asian Culture Center. "This has been a very traumatic experience for our Asian community," Castillo-Cullather told NPR. "We will never forget this."A total of 10,905 hate incidents against Asian Americans and Pacific Islanders were reported between March 19, 2020, and Dec. 31, 2021, according to the advocacy group Stop AAPI Hate. Of them, about 16 percent involved a physical assault. Most happened in public spaces, with about 8 percent of incidents reported taking place on public transportation.Read the Washington Post report https://wapo.st/3Hf3muQ . Read the NPR report https://n.pr/3QRl0bk Subscribe to The APA Justice Newsletter Complete this simple form at https://bit.ly/2FJunJM to subscribe. Please share it with those who wish to be informed and join the fight. View past newsletters here: https://bit.ly/APAJ_Newsletters . Back View PDF January 19, 2023 Previous Newsletter Next Newsletter

Newsletter - #98 Letter to AG; NYT Report; "Chinese Initiative" Cases; 12/06 Monthly Meeting; More #98 Letter to AG; NYT Report; "Chinese Initiative" Cases; 12/06 Monthly Meeting; More Back View PDF November 29, 2021 Previous Newsletter Next Newsletter

Newsletter - #311 Stand w Asian Americans; Rights Tool Kit; Privacy at Risk; Trump Policies on Science+ #311 Stand w Asian Americans; Rights Tool Kit; Privacy at Risk; Trump Policies on Science+ In This Issue #311 · SwAA: Justice and Equality Through Law, Education, and Community · AALDEF: Immigrant Rights Toolkit · U.S. Personal Information and Privacy at Risk Abroad and at Home · WP : Trump Policies Sow Chaos, Confusion Across Scientific Community · News and Activities for the Communities SwAA: Justice and Equality Through Law, Education, and Community In the aftermath of the 2021 Atlanta spa shootings, where six Asian women were among the victims, Stand with Asian Americans (SWAA) emerged to combat anti-Asian hate and advocate for justice. In 2022, SwAA launched the Workplace Justice Initiative to address workplace discrimination, bias, and barriers that Asian Americans face in professional settings. Its mission is to protect and advance the rights of Asian Americans against discrimination at the workplace through three key activities: · Power of Law – SwAA provides legal support through a discrimination reporting portal, direct legal services, and a public relations strategy to raise awareness and advocate for workplace justice. · Education – The organization equips individuals and employers with human resources tools, educational workshops, and panels such as Shattering the Myth of Asian Passivity, Know Your Rights, and Leadership Empowerment to foster inclusion and leadership opportunities. · Community – SwAA supports mental health initiatives and amplifies stories to strengthen solidarity and resilience within the Asian American community. If you or anyone you know is experiencing racial discrimination at work or in business, you may reach out to SwAA for legal, education, and community support. SwAA's discrimination portal containing resources is here , and ways to support the SwAA mission here . Michelle Lee , President, General Counsel and Board Chair, and Brian Pang , Chief Operating Officer and Head of Partnerships will speak at the next APA Justice monthly meeting on March 3, 2025. AALDEF: Immigrant Rights Toolkit During the APA Justice monthly meeting on February 3, 2025, Bethany Li , Execuitve Director of Asian American Legal and Education Defense Fund (AALDEF), offered an Immigrant Rights Toolkit designed to inform individuals about their legal rights, particularly concerning expedited removal procedures. This toolkit is part of AALDEF's broader Immigrant Rights Program, which provides legal representation, policy advocacy, community education, and organizing support for Asian immigrants across various backgrounds. The program aims to promote humane and dynamic immigration laws and policies that uphold the dignity of all migrants. Here are some of the links to AALDEF's Immigrant Rights Toolkit : · Know your rights if you are detained and facing expedited removal (AALDEF) · Use this tool to request immigration documents to help prepare you against ICE (AALDEF) · Know your rights for dealing with ICE (Immigrant Defense Project) · Know your rights during an ICE check-in (Know Your Fight) · Know your rights if ICE comes to your workplace (National Day Laborer Organizing Network) · Know your rights as a worker, regardless of your immigration status (AALDEF) · Watch these videos about dealing with ICE in different scenarios (We Have Rights) · Print pocket cards to hand to ICE if they approach you (Immigrant Legal Resource Center) · Learn and stay updated on what the Trump Administration has done so far (Guttentag, Immigration Policy Tracking Project) U.S. Personal Information and Privacy at Risk Abroad and at Home According to an exclusive report by the Washington Post on February 7, 2025, security officials in the United Kingdom have demanded that Apple create a back door allowing them to retrieve all the content any Apple user worldwide has uploaded to the cloud, which if implemented would undermine Apple’s privacy pledge to its users. According to the report, the UK government has issued a "technical capability notice" to Apple under the Investigatory Powers Act, commonly known as the "Snoopers' Charter." The notice mandates that Apple create a backdoor to its encrypted iCloud services, enabling law enforcement agencies to access user data. Apple has consistently maintained that introducing such backdoors would compromise user privacy and global cybersecurity. In response to the UK's demand, Apple is reportedly considering discontinuing some of its services in the UK rather than compromising its encryption standards.Read the Washington Post report: https://wapo.st/3CHgF7U Here at home in the United States according to multiple media reports, the "Department of Government Efficiency" (DOGE) under billionaire Elon Musk has gained access to databases at the Treasury , Education and Labor departments that contain sensitive data about Americans, such as Social Security numbers, dates of birth, and financial transactions. Federal officials have been terminated or forced to resign for protecting access to these critical data systems. Unions, students and public interest groups have filed lawsuits alleging the administration of violating privacy laws by allowing DOGE access to the databases. On February 6, 2025, Judge Colleen Kollar-Kotelly of the U.S. District Court for the District of Columbia restricted access to a Treasury Department payments system that various DOGE surrogates had infiltrated at the direction of Elon Musk. In her ruling on Alliance for Retried Americans v. Bessent (1:25-cv-00313) , the judge stated that the defendants cannot “provide access to any payment record or payment system of records maintained by or within the Bureau of the Fiscal Service.” Tom Krause and Marko Elez , two DOGE-linked “special government employees” at the Treasury Department, were granted “read-only” access to Bureau of Fiscal Service systems “as needed for the performance” of their duties. According to The Washington Post on February 7, the Treasury Department is appointing Krause as assistant secretary, replacing David A. Lebryk , who resigned after opposing Krause’s efforts to access senstive government payment systems—a move Lebryk deemed illegal. Booz Allen Hamilton, a contractor running a threat intelligence center for the Treasury Department, reported that DOGE’s access to the payment network should be “immediately” suspended as it represented an “unprecedented insider threat risk.” Bloomberg later reported that the Booz Allen Hamilton's subcontractor had been dismissed.On February 7, 2025, the New York Times reported that U.S. District Judge Paul A. Engelmayer in the case of State of New York v. Donald J. Trump (1:25-cv-01144) issued an emergency order temporarily restricting access by DOGE to the Treasury Department’s payment and data systems, saying there was a risk of “irreparable harm.” Judge Engelmayer ordered any such official who was granted access to the systems since January 20 to “destroy any and all copies of material downloaded from the Treasury Department’s records and systems.” He also restricted the government from granting access to “special government employees.”Several members of Congress have publicly expressed concerns regarding Elon Musk's DOGE gaining access to the U.S. Treasury's federal payment systems. Congressman Bill Foster said in a February 3 statement , "Elon Musk is an unelected oligarch with no regard for national security, conflicts of interest, or ethical standards. Americans deserve answers as to why his team was given unrestricted access to the U.S. Treasury payment system, which gives them the ability to spy on U.S. treasury payments to private American citizens, as well as Musk's business competitors. This power grab is corrupt and unprecedented, and my colleagues and I are doing everything we can to put a halt to this." On February 7, 2025, District Court Judge John D. Bates denied the motion for a temporary restraining order in the case of American Federation of Labor and Congress of Industrial Organizations v. Department of Labor (1:25-cv-00339) . The AFL-CIO contends that granting DOGE access to Department of Labor systems could lead to conflicts of interest, especially concerning sensitive information related to investigations of Musk's companies, including Tesla, SpaceX, and The Boring Company. They argue that DOGE's involvement might compromise the integrity of these investigations and potentially expose confidential data. Judge Bates' ruling stated that the union did not demonstrate sufficient harm resulting from the Department of Labor's actions. The judge ordered that the parties shall file a proposed preliminary-injunction motion briefing schedule by not later than February 12, 2025. The Education Department case, University of California Student Assocation v. Carter (1:25-cv-00354) , is pending. The Univrsity of California Stucent Association is the official systemwide student advocacy organization representing over 285,000 students across all ten University of California campuses.Two groups of FBI agents have sued the Justice Department to block any public release of a list of thousands of employees who worked on investigations tied to President Donald Trump or the January 6, 2021, attack on the U.S. Capitol. On February 6, 2025, U.S. District Judge Jia M. Cobb of the District of Columbia ordered the consolidation of Federal Bureau of Investigation Agents Assocation v. Department of Justice (1:25-cv-00328) and Does 1-9 v. Department of Justice (1:25-cv-00325) . On February 7, Judge Cobb issued a temporary restraining order (TRO), which had been mutually proposed by the parties. The TRO prohibits the government from publicly releasing any list before the court rules on whether to grant a preliminary injunction. The briefings for a preliminary injunction will be filed by March 21, 2025.As of February 9, 2025, the number of legal challenges to Trump administration actions reported by the Just Security Litigation Tracker has increased to 41.On February 7, 2025, the Washington Post reported the following summary of where Trump action court cases stand: WP : Trump Policies Sow Chaos, Confusion Across Scientific Community According to the Washington Post on February 6, 2025, President Donald Trump 's executive orders targeting diversity, equity, and inclusion (DEI) initiatives within federally funded programs have led to significant concerns in the scientific community. The National Science Foundation (NSF) suspended grant disbursements, leaving researchers without salaries. The Food and Drug Administration (FDA) removed materials on clinical trial diversity from its website, and the Centers for Disease Control and Prevention (CDC) took down tools and data related to health disparities, including the Social Vulnerability Index and the Environmental Justice Index. These actions have disrupted ongoing research and raised fears about political interference in scientific endeavors. Dr. Sudip Parikh , CEO of the American Association for the Advancement of Science (AAAS), expressed concern, stating, "The scientific community is deeply troubled by these developments, which threaten the integrity and progress of our research."On February 5, 2025, Dr. Parikh testified at a hearing of the U.S. House Committee on Science, Space, and Technology on The State of U.S. Science and Technology: Ensurig Global Leadership . His written testimony emphasized the importance of a strong and adaptable American science and technology enterprise, highlighting the role of research institutions, industry, and the workforce in driving innovation and prosperity. Dr. Parikh stressed that the U.S. faces challenges from accelerating technological change, existential threats to public health and security, and growing international competition, particularly from China. He called for a comprehensive approach to strengthening the U.S. science and technology sector, advocating for reduced inefficiencies, investment in workforce development, and strategic research commitments. He also warned against actions that undermine the scientific community, such as spending freezes or policies that alienate international talent. Dr. Parikh concluded by urging the U.S. to adapt to new global realities and secure its future leadership in science and technology.Part of his testimony says,"The American science and technology enterprise is strong, but its continued strength is not guaranteed. We must be proactive in implementing our vision by being open to change and disruption without dismantling our foundational principles and strengths."Through an enterprise that includes industry, academia, and sources of capital to scale, we have turned the discoveries of the past 80 years into technological innovations that have increased our prosperity and security."Many of the structures and institutions that have contributed to our achievements are outdated. They were the result of a vision after World War II that the investments in science and technology we had made during a time of war should be continued during a time of peace. Over generations, we have made substantial and sustained federal investments in fundamental research — much of it carried out at our universities, research institutes, and national laboratories where research and education take place side-by-side. Industry translated and scaled discoveries into technologies and products with intellectual property protections that incentivized continued innovation. It was a relatively simple vision with profound consequences. It created the modern world."But we are at a crossroads. "Three things are happening at once. First, the pace of change is accelerating so rapidly that the tools and strategies that brought us here are insufficient to ensure our future. Transformational technologies are reshaping our way of life. Second, we face existential threats to our health; food supply and water security; environmental resilience; energy production, utilization, and storage; and our overall wellbeing. Third, more than ever, we are competing with other nations —particularly China — that rival us in talent, infrastructure, and capital investment and that can put our economic prosperity and national security at risk. China trains more scientists and engineers than we do; files for more international patents than we do; publishes just as many highly cited scientific papers as we do; and is leading us in several critical research and technology areas. "I know for all those here today what the answer is: We want America to lead."The good news is that we have a suite of significant assets that our nation can leverage. "We must recognize that the enterprise as a whole — from federal investment to workforce to industry investment to tax and regulatory policy — is what differentiates our nation from all others. "In addition to these holistic recommendations, we must stop hurting our own enterprise with self inflicted wounds. Two examples illustrate the point. "First, while we must recognize the global competition and take it seriously, we must not demonize people or international collaboration in the process. Our colleagues of Chinese, Indian, and other immigrant backgrounds make up a substantial percentage of the American science and technology workforce. They are colleagues and friends and deserving of respect. We must ensure that our drive to compete does not alter our humanity. When we make America less welcoming to scientists who are immigrants or those who have been here for generations, we only hurt our own competitiveness and opportunity for prosperity. In addition, science is a global activity. When we close ourselves off to international collaboration, we lose visibility to advances made around the world and slow progress for everyone."Second, last week, the announcement of an abrupt spending freeze on science and technology funding broke trust and hurt the S&T enterprise. This is the kind of action that, even if brief, can have a lasting negative impact. Many scientists, particularly those early in their careers, live paycheck-to-paycheck. I was most saddened to hear from these scientists who began questioning whether they should even continue their scientific pursuits or switch careers. Scientists and engineers are resilient, and I have no doubt that most will persevere because they care deeply about solving problems and better understanding the world around them. But every time we stop and start, lose focus, break continuity across funding and intellectual property protections, we lose some of the next generation of science and technology talent and hurt America’s competitiveness. "The stakes are enormous, the necessary actions are clear, and the time is now."Read Dr. Parikh's testimony: https://bit.ly/40S7iug News and Activities for the Communities 1. APA Justice Community Calendar Upcoming Events: 2025/02/10 Federal Employees: What are my whistleblower rights?2025/02/12 Federal Employees: How might my benefits be affected?2025/02/13 China Initiative: Impacts and Implications2025/02/13-15 2025 AAAS Annual Meeting2025/02/16 Rep. Gene Wu's Town Hall Meeting2025/02/18 Protecting Our Organizations: 501(c)(3) Nonprofit Compliance Virtual Training2025/02/23 World Premier of "Quixotic Professor Qiu" with Xiaoxing Xi2025/03/02 Rep. Gene Wu's Town Hall Meeting2025/03/03 APA Justice Monthly Meeting2025/03/12 MSU Webinar on China InitiativeVisit https://bit.ly/3XD61qV for event details. # # # APA Justice Task Force is a non-partisan platform to build a sustainable ecosystem that addresses racial profiling concerns and to facilitate, inform, and advocate on selected issues related to justice and fairness for the Asian Pacific American community. For more information, please refer to the new APA Justice website under development at www.apajusticetaskforce.org . We value your feedback. Please send your comments to contact@apajustice.org . Back View PDF February 10, 2025 Previous Newsletter Next Newsletter