Multiple media reports the China Initiative as unraveling and out of control after cases that were sensationally publicized early on by the government began to be dismissed or acquitted in courts rapidly in a span of several months. September 15, 2021 Table of Contents Overview “Security Initiative’s aim is questioned” “Why Trump’s anti-spy ‘China Initiative’ is unraveling” “Has the ‘China Initiative’ Run Its Course?” “Is China Initiative Out of Control?” “How A Chinese-Spy Hunt At DOJ Went Too Far” Links and References Overview Over a two-day period in July 2021, five similar prosecutions against Chinese researchers were summarily dropped without explanation by the Department of Justice (DOJ). They were suspected to belong to the Chinese military and might be stealing American industrial secrets under the China Initiative, but were not charged for espionage. A week earlier, DOJ dismissed charges, also without explanation, against Qing Wang, a Chinese American researcher in Cleveland, who was accused under the China Initiative of failing to disclose his affiliation with a Chinese university from which he had received funding. Less than two months later in September, a federal judge acquitted Anming Hu, a Chinese Canadian engineering professor in Tennessee, of charges stemming from allegations under the China Initiative that he hid his joint academic appointment in China in obtaining research funding from NASA. Having a mistrial and six cases dismissed within several weeks “is extraordinary,” a former federal prosecutor said. “It really undermines the credibility of the [China] initiative.” These high-profile cases raise the question of whether the China Initiative designed to address a national security threat posed by the Chinese government has strayed, targeting researchers on lesser allegations of fraud without compelling evidence that they pose a danger to the United States. “Security Initiative’s aim is questioned” On September 15, 2021, the Washington Post published on its front page As cases fail, security initiative's aim is questioned . To federal investigators, Qing Wang was an example of China’s growing effort to co-opt scientists in the United States — part of a vast campaign to steal American secrets and technology. But a string of dismissed cases including Wang's has amplified concerns among some lawmakers and activists about whether prosecutors have been overzealous in pursuing researchers of Chinese descent. The issue goes beyond whether the government is bringing prosecutions it can win. Critics say the cases raise the question of whether a program designed to address a national security threat posed by the Chinese government has strayed, targeting researchers on lesser allegations of fraud without compelling evidence that they pose a danger to the United States. In many of the cases, the Justice Department is “using language akin to spycraft, but that’s not substantiated by the charges they are bringing,” said George P. Varghese, a former federal prosecutor in Boston. For the 20 or so academics prosecuted in the past three years and linked to the China Initiative, most charges related to lack of candor — making false statements or failing to disclose ties to Chinese institutions — rather than intent to spy. All but a few of the researchers are of Chinese descent. John Hemann, a former federal prosecutor in San Francisco, worked the flagship China Initiative case: the 2018 indictment of Chinese state-owned Fujian Jinhua. He said the department was successfully prosecuting China-related economic espionage cases long before the China Initiative. But pressure to demonstrate the initiative’s success — to “show statistics,” he said, “has caused a program focused on the Chinese government to morph into a people-of-Chinese-descent initiative,’’ including Chinese-born scientists working in the United States. “Why Trump’s anti-spy ‘China Initiative’ is unraveling” On September 16, 2021, LA Times published Why Trump’s anti-spy ‘China Initiative’ is unraveling . The article covered recently dropped "China Initiative" cases including visiting UCLA researcher Lei Guan and University of Tennessee Professor Anming Hu. Michael German, a former FBI agent who serves as a fellow for the Brennan Center for Justice, said the recent dismissals revealed how weak many of the cases were. “Obviously, the FBI and Justice Department are under pressure to produce indictments against people with a so-called ‘nexus to China’ to match the political rhetoric sensationalizing the espionage threat from the Chinese government,” he said. “Even FBI analysts appear to have felt the investigators’ effort to connect these defendants to the Chinese military was overwrought.” Although much remains unknown about the Trump-era campaign, it appears that a major problem was its decision to focus on Chinese nationals and Chinese Americans working in major U.S. research universities. Not only did that approach fail to turn up persuasive evidence of spying, but the emphasis on going after a small number of individuals for academic fraud seemed too small-scale to make a dent in a purportedly massive problem. Moreover, the FBI’s tactics struck many Asian Americans as heavy-handed and discriminatory. The campaign came at a time when Asian Americans across the country were under attack with hate crimes. Defending the program, FBI Director Christopher A. Wray warned that Beijing, in its effort to overtake the U.S. economy, had resorted to industrial espionage using “non-traditional collectors” such as researchers and graduate students. He told a China Initiative conference in 2020 that the FBI had about 1,000 investigations involving China’s attempt to steal U.S.-based technology. In April 2021, the director testified before Congress that the bureau had about 2,000 open cases of economic espionage that “tie back to the Chinese government,” representing a 1,300% increase over the last few years. But in the nearly three years since the program’s launch, the China Initiative has brought just 12 prosecutions of people at academic institutions and has won convictions of four individuals. In none of those four cases did the government provide evidence of economic espionage or theft of trade secrets or intellectual property. “Has the ‘China Initiative’ Run Its Course?” On September 17, 2021, the Editor-in-Chief of The Diplomat published Has the ‘China Initiative’ Run Its Course ? The comprehensive article raised the question: After a resounding legal defeat, will the Justice Department change stance on the controversial program? The initiative potentially covers a lot of ground, making it hard at times to know what officially counts as part of the "China Initiative." “No one has been able to explain to me how a case gets labeled a China Initiative case,” [Seton Hall University Law Professor Margaret] Lewis said. “…By nature, it’s a bit of an amorphous creature.” “Is China Initiative Out of Control?” On September 25, 2021, the University World News published Professor acquittal - Is China Initiative out of control? Dr. Anming Hu, a University of Tennessee, Knoxville professor, faced federal charges related to his alleged connection to Beijing University of Technology while receiving funding from NASA. He was the first to go to trial under the China Initiative, which aims to prevent economic espionage and technology theft. However, Judge Thomas A Varlan dismissed all charges, criticizing the FBI's weak case. Despite this, Hu faced a lengthy legal ordeal, beginning with an indictment in 2020. The FBI's investigation relied on questionable evidence, including Google Translate translations and a lack of understanding of NASA grant procedures. The prosecution's case crumbled under scrutiny, revealing flaws in the FBI's methods and biases against individuals of Chinese descent. Jurors expressed disbelief in the case's merit, leading to a mistrial. The China Initiative, criticized for targeting individuals based on ethnicity, has faced calls for its end. Concerns about racial profiling and the initiative's effectiveness have prompted scrutiny from scholars, former prosecutors, and lawmakers. Despite the dismissal of charges, Hu's ordeal underscores the need for reform in how such cases are handled and the impact of biased policies on individuals and communities. “How A Chinese-Spy Hunt At DOJ Went Too Far” On September 28, 2021, Law360 published “Overheated”: How a Chinese-Spy Hunt at DOJ Went Too Far . In July 2020, Dr. Chen Song and four other visiting Chinese scientists were arrested under the China Initiative and accused of concealing their military affiliations while applying for visas in the U.S. Their cases were dropped in July 2021. Documents unearthed in the cases show politics and pressure from the top propelling bad cases forward, overwhelming skeptics within the government. Two of the visa defendants spent more than a year in jail, even though their cases were ultimately abandoned. Another was locked up nine months, with his fiancée jailed for two months as a possible witness. Song was one of the lucky ones, spending only four days in jail. According to a Law360 analysis, nearly two dozen academics have been indicted under the China Initiative, including U.S. citizens and longtime residents, and the overwhelming majority have been charged for errors on government paperwork or alleged false statements to investigators. More cases have ended in dismissals than convictions, and many defendants have accused investigators of misconduct. The initiative has led to a significant exodus of Chinese researchers from the U.S., with concerns about persecution driving many to leave. Critics also point out that the focus on Chinese economic espionage overlooks other national security threats, leading to calls for reforms and an internal DOJ investigation into the initiative. Jump to: Overview “Security Initiative’s aim is questioned” “Why Trump’s anti-spy ‘China Initiative’ is unraveling” “Has the ‘China Initiative’ Run Its Course?” “Is China Initiative Out of Control?” “How A Chinese-Spy Hunt At DOJ Went Too Far” Multiple media reports the China Initiative as unraveling and out of control after cases that were sensationally publicized early on by the government began to be dismissed or acquitted in courts rapidly in a span of several months. Previous Next 10. The China Initiative Unraveling and Out of Control

U.S. Attorney General Jeff Session launched the China Initiative to combat national security threats and economic espionage emanating from the People’s Republic of China. Without a definition of what constitutes a China Initiative case, it drifted to profile and stigmatize Asian Americans and individuals of Asian descent, creating severe damage and a chilling effect on scientific collaboration and harming U.S. leadership in science and technology. November 1, 2018 Table of Contents Overview FBI Director’s Profiling Approach NIH’s Own “China Initiative” Criminalizing China The Ethnic Targeting of Chinese Scientists Links and References Overview On November 1, 2018, U.S. Attorney General Jeff Session announced the launch of the China Initiative to combat national security threats and economic espionage emanating from the People’s Republic of China (PRC). “This Initiative will identify priority Chinese trade theft cases, ensure that we have enough resources dedicated to them, and make sure that we bring them to an appropriate conclusion quickly and effectively.” Sessions said. President Donald Trump fired Sessions less than a week later, but the China Initiative remained in operation for 1,210 days until it was ended by the Joe Biden Administration on February 23, 2022. The Department of Justice (DOJ) had no definition of what constitutes a China Initiative case. DOJ created an online report on what it considered to be Chinese Initiative cases. The online report was last updated on November 19, 2021, three months before the initiative officially ended. According to MIT Technology Review , there have been 77 known China Initiative cases impacting 162 individuals. Based on a comprehensive analysis of the cases, MIT Technology Review concluded that the initiative had increasingly charged academics with “research integrity” issues. Nearly 90% of the defendants charged were of Chinese heritage, lending credence to wide-spread allegations that scientists and researchers of Chinese origin were racially profiled and targeted under the China Initiative despite denials by the government. The DOJ China Initiative cases included only indictments and prosecutions. It did not include investigations or surveillance by the Federal Bureau of Investigations (FBI) and other federal law enforcement agencies and grant agencies such as the National Institutes of Health (NIH). NIH ran its own China Initiative. By March 23, 2023, a year after the official end of the China Initiative, NIH’s own “China initiative” had upended hundreds of lives and destroyed scores of academic careers. In contrast to the very public criminal prosecutions of academic scientists under the China Initiative, NIH’s version was conducted behind closed doors. FBI Director’s Profiling Approach The first thunder of the New Red Scare came on February 13, 2018, when FBI Director Christopher Wray testified in a Senate Intelligence Committee hearing and targeted all students, scholars and scientists of Chinese origin as a national security threat to the United States. Wray responded to a question in the hearing, “I think in this setting I would just say that the use of nontraditional collectors, especially in the academic setting, whether it’s professors, scientists, students, we see in almost every field office that the FBI has around the country. It’s not just in major cities. It’s in small ones as well. It’s across basically every discipline.” Asian American advocates were outraged by Wray’s presumption that every Chinese professor, scientist, and student was guilty of collecting intelligence for the Chinese government until proven innocent. Conflating the stereotype of “perpetual foreigners” and the loyalty of Asian Americans to the United States, Wray pledged to pursue a “whole-of-society” approach to address the threat of China. His use of the term “non-traditional collectors” for spies parallelled “thousand grains of sand” during the prosecution of Dr. Wen Ho Lee and “fifth column” in referral to Japanese Americans during World War II. Qian Xuesen, also known as Hsue-shen Tsien, a founder of the Jet Propulsion Laboratory, became a victim of the Second Red Scare during the Cold War era, facing accusations of “communist sympathies” despite his contributions to American scientific advancement. Fourteen Asian American community organizations wrote to Wray on March 1, 2018, and called for “an opportunity to discuss how well-intentioned public policies might nonetheless lead to troubling issues of potential bias, racial profiling, and wrongful prosecution.” Wray never responded to the letter. References and Links Wikipedia: Qian Xuesen 2020/02/02 The Intercept: The FBI’s China Obsession - The U.S. Government Secretly Spied on Chinese American Scientists, Upending Lives and Paving the Way for Decades of Discrimination 2019/12/31 Bloomberg: As China Anxiety Rises in U.S., Fears of New Red Scare Emerge 2019/07/20 New York Times: A New Red Scare Is Reshaping Washington 2018/03/23 Huffington Post: FBI Director Defends Remarks That Chinese People In U.S. Pose Threats 2018/03/08 Washington Post Opinion: America’s new — and senseless — Red Scare 2018/03/01 14 Coalition Organizations: Coalition letter to FBI Director Wray 2018/03/01 Committee of 100: Community Organizations Call for Meeting with FBI Director Christopher Wray Regarding Profiling of Students, Scholars, and Scientists with Chinese Origins 2018/02/27 Asia Times: FBI director’s grave mistake on targeting Chinese-Americans 2018/02/16 纽约都市新闻网: 华裔议员严厉谴责Rubio和Wray针对中国学生的极端言论 2018/02/15 CAPAC: CAPAC Members on Rubio and Wray’s Remarks Singling Out Chinese Students as National Security Threats 2018/02/14 Inside Higher Ed: The Chinese Student Threat? 2018/02/13 Advancing Justice | AAJC: FBI Director’s Shock Claim: Chinese Students Are a Potential Threat 2018/02/13 U.S. Senate Select Committee on Intelligence: Hearing on Global Threats and National Security 2016/05/25 60 Minutes: Collateral Damage 2015/05/10 New York Times: Accused of Spying for China, Until She Wasn’t 2000/09/14 New York Times: Statement by Judge in Los Alamos Case, With Apology for Abuse of Power . 1999/12/11 Washington Post: China Prefers the Sand to the Moles 1964/02/02 New York Times: F.B.I. Chief Warns of Red China Spies NIH’s Own “China Initiative” According to the Science Magazine, Francis Collins, the Director of the National Institutes of Health (NIH) sent a missive to more than 10,000 institutions on August 20, 2018, asserting that "threats to the integrity of U.S. biomedical research exist" and highlighted the failure to disclose "substantial resources from other organizations, including foreign governments." Collins wrote that "in the weeks and months ahead you may be hearing from [NIH] regarding … requests about specific … personnel from your institution." Dubbed as NIH’s own “China Initiative,” NIH began sending letters to dozens of major U.S. research universities in March 2019, asking them to provide information about specific faculty members with NIH funding who are believed to have links to foreign governments that NIH did not know about. Universities reportedly scrambled to respond to the unprecedented queries. Some academic administrators worry the exercise could cast a chill over all types of international scientific collaborations. Others fear that the inquiry may become a vehicle to impugn the loyalty of any faculty member—and especially any foreign-born scientists—who maintain overseas ties. At some institutions, every researcher flagged by NIH was Chinese American. The vaguely worded letters did not contain specific accusations, nor did it explain any aspect of the process. By March 23, 2023, a year after the official end of the China Initiative, Science reported that NIH’s “China initiative” has upended hundreds of lives and destroyed scores of academic careers. In contrast to the very public criminal prosecutions of academic scientists under the China Initiative, NIH’s version was conducted behind closed doors. More than one in five of the 246 scientists targeted were banned from applying for new NIH funding for as long as 4 years—a career-ending setback for most academic researchers. And almost two-thirds were removed from existing NIH grants. Some 81% of the scientists cited in the NIH letters identify as Asian, and 91% of the collaborations under scrutiny were with colleagues in China. In only 14 of the 246 cases—a scant 6%—did the institution fail to find any evidence to back up NIH’s suspicions. NIH is by far the largest funder of academic biomedical research in the United States, and some medical centers receive hundreds of millions of dollars annually from the agency. So when senior administrators heard Michael Lauer, NIH deputy director for extramural research, say a targeted scientist “was not welcome in the NIH ecosystem,” they understood immediately what he meant—and that he was expecting action. “If NIH says there’s a conflict, then there’s a conflict, because NIH is always right,” says David Brenner, who was vice chancellor for health sciences at the University of California, San Diego (UCSD), in November 2018 when the institution received a letter from Lauer asking it to investigate five medical school faculty members, all born in China. “We were told we have a problem and that it was up to us to fix it.” In a panel discussion hosted by the University of Michigan in March 2024, Professor Ann Chih Lin, asserted that NIH made it clear that if they couldn’t resolve concerns regarding a faculty member and a grant, NIH would not only require universities to repay the grant, but also investigate universities’ entire portfolio of NIH grants. Fearing the loss of grant money, universities often approached the implicated professors and encouraged them to resign voluntarily or retire early. This strategy aimed to avoid a public disciplinary hearing or grievance process, which could bring unwanted attention to the case. Professors involved in such investigations typically refrained from discussing their cases to protect both themselves and the universities, often choosing to depart quietly. References and Links 2024/03/29 University of Michigan News: US universities secretly turned their back on Chinese professors under DOJ’s China Initiative 2023/02/23 Science: Pall of Suspicion 2019/03/01 Science: NIH letters asking about undisclosed foreign ties rattle U.S. universities Criminalizing China The name of China Initiative by itself is problematic. "Using 'China' as the glue connecting cases prosecuted under the Initiative's umbrella creates an overinclusive conception of the threat and attaches a criminal taint to entities that possess 'China-ness,' based on PRC nationality, PRC national origin, Chinese ethnicity, or other expressions of connections with 'China.,'" Professor Margaret Lewis wrote in her article "Criminalizing China" in 2020. Her article further contends that, when assessed in light of the goals of deterrence, incapacitation, rehabilitation, and retribution, it is worrisome that the prosecution and punishment of people and entities rests in part on a connection with “China.” A better path is to discard the “China Initiative” framing, focus on cases’ individual characteristics, and enhance the Department of Justice’s interactions with nongovernmental experts. Margaret K. Lewis, Criminalizing China , 111 J. Crim. L. & Criminology 145 (2020). https://scholarlycommons.law.northwestern.edu/jclc/vol111/iss1/3 The Ethnic Targeting of Chinese Scientists On November 19, 2020, The China Project produced a video titled “ The China Initiative: The ethnic targeting of Chinese scientists and the subsequent brain drain .” (7:30) The China Project talked to lawyers, academics, and victims of the China Initiative for their perspective. Many Chinese and Chinese American researchers feel that the program has placed a target on their back, and that they are being unfairly targeted for their Chinese ethnicity. There are also critics who say the Initiative has done little more than drive talent away from the U.S. Jump to: Overview FBI Director’s Profiling Approach NIH’s Own “China Initiative” Criminalizing China Ethnic Targeting of Chinese Scientists U.S. Attorney General Jeff Session launched the China Initiative to combat national security threats and economic espionage emanating from the People’s Republic of China. Without a definition of what constitutes a China Initiative case, it drifted to profile and stigmatize Asian Americans and individuals of Asian descent, creating severe damage and a chilling effect on scientific collaboration and harming U.S. leadership in science and technology. Previous Next 1. DOJ launched China Initiative

Kansas University Professor Feng “Franklin” Tao became the first academic and scientist of Chinese origin to be indicted in August 2019. He was followed by Professors Anming Hu and Gang Chen, Researcher Dr. Qing Wang, New York Police Department Officer Baimadajie Angwang, a group of five STEM researchers and students from China, and others. The year 2020 saw the injustice inflicted by the government shifting and intensifying its profiling of scientists, most of them of Chinese origin, for “research integrity” in the name of national security. August 21, 2019 Table of Contents Overview Feng “Franklin” Tao 陶丰 Anming Hu 胡安明 Qing Wang 王擎 The Five “Visa Fraud” Cases Baimadajie Angwang 昂旺 Gang Chen 陈刚 Before China Initiative: Xiafen “Sherry” Chen 陈霞芬 and Xiaoxing Xi 郗小星 Before China Initiative: Wen Ho Lee 李文和 Links and references Overview The Chinese character for injustice 冤 is an ideogrammic (a graphic symbol that represents an idea) compound of putting a cover 冖 on a rabbit 兔. According to Wiktionary , the same character is used in Japanese Kanji, Korean Hanja, and Vietnamese Han characters. The ancient form of the character reportedly first appeared in the Qin Dynasty (221-206 BC). Profiling and discrimination against Asian Americans is not new. The Chinese Exclusion Act of 1882 was the first and only major federal legislation to explicitly suspend immigration based on national origin and race. During World War II, 125,000 Japanese Americans were interned during World War II because of their ancestry and unproven question of loyalty. Before the China Initiative, Wen Ho Lee 李文和 was targeted and scapegoated for providing nuclear secrets to the government of China. Prior to the China Initiative, Xiafen “Sherry” Chen 陈霞芬, Xiaoxing Xi 郗小星, and other scientists in academia, federal government, and private industry were alleged to pass secrets to China, only to have all their charges dropped at the end. Under the China Initiative, Professor Feng "Franklin" Tao 陶丰 became the first academic and scientist of Chinese origin to be indicted in August 2019. The shift from economic espionage to “research integrity” in the guise of national security would continue intensely for the next two years. Dr. Qing Wang 王擎 was fired from his research position before he was indicted in May 2020. In the last full day of the Trump Administration in January 2021, Professor Gang Chen 陈刚 was indicted with the prosecutor questioning his loyalty to the United States. Professor Anming Hu 胡安明 became the first to go to trial in June 2021 and was fully exonerated by the end of the trial. New York Police Department (NYPD) Officer Baimadajie Angwang (昂旺) was charged with acting as an illegal agent of the People’s Republic of China in September 2020. NYPD failed not only to reinstate him, but proceeded to terminate his employment in one of the most egregious injustices of the modern era. Most of these individuals are naturalized and accomplished US citizens born in China. Officer Angwang was deployed as a U.S. marine to Afghanistan and joined the Army Reserve. Although their charges were eventually dropped or acquitted, the injustice has already caused severe damage to their careers, reputation, finances, and families. Timed to coincide with the US closing of China’s consulate in Houston as a “spy center” in July 2020, five Chinese researchers were arrested and charged separately for visa fraud, alleging them to be spies on behalf of China’s People’s Liberation Army. The Department of Justice summarily dropped all five cases a year later. Feng “Franklin” Tao 陶丰 On August 21, 2019, Feng “Franklin” Tao 陶丰 became the first academic of Chinese origin to be indicted under the China Initiative. An associate professor at Kansas University’s (KU) Center for Environmentally Beneficial Catalysis (CEBC), Franklin Tao was initially charged with one count of wire fraud and three counts of program fraud, which was superseded to 10 charges. He was employed since August 2014 by the CEBC, whose mission is to conduct research on sustainable technology to conserve natural resources and energy. All charges against Professor Tao were dismissed or acquitted except one. He was convicted by a jury for one count of making a false statement to KU. As another rejection by U.S. courts of the government’s attempt to prosecute Chinese-born scientists for lapses in reporting their research interactions with China, the judge handed down the lightest possible sentence - 2 years of probation that could be cut in half for good behavior. Professor Tao has appealed to overturn the one-count conviction. A decision on his appeal is pending. [Link to Franklin’s webpage under Impacted Persons] Anming Hu 胡安明 On February 27, 2020, the Department of Justice announced the indictment of Professor Anming Hu, an Associate Professor in the Department of Mechanical, Aerospace and Biomedical Engineering at the University of Tennessee, Knoxville (UTK). Professor Hu was charged with three counts of wire fraud and three counts of making false statements. Professor Hu was the first U.S. university professor of Asian ancestry facing dubious charges under the "China Initiative" to go to trial on June 7, 2021. The trial revealed the zeal of the misguided “China Initiative” to criminalize Professor Hu with reckless and deplorable tactics of spreading false information to cast him as a spy for China and press him to become a spy for the U.S. government. When these efforts failed, DOJ brought charges against Professor Hu for intentionally hiding his ties to a Chinese university, which also fell apart upon cross examination during the trial. On June 16, 2021, a mistrial in Professor Hu’s case was declared after the jury deadlocked. On July 30, 2021, the U.S. Government announced that it intended to retry the case against Professor Hu. On September 9, 2021, Judge Thomas Varlan issued an order and acquitted Professor Hu of all charges. [Link to Anming Hu’s webpage under Impacted Persons] Qing Wang 王擎 On May 14, 2020, the Department of Justice announced the arrest of Dr. Qing Wang as a former Cleveland Clinic researcher and a Chinese “Thousand Talents” participant. He was charged with false claims and wire fraud related to more than $3.6 million in grant funding that Dr. Wang and his research group allegedly received from NIH. On July 15, 2021, DOJ moved to dismiss its case against Dr. Wang without prejudice. His case was the first detected by APA Justice to have been removed from the DOJ online report after it was dismissed. [Link to Qing Wang’s webpage under Impacted Persons] The Five “Visa Fraud” Cases On July 24, 2020, The U.S. ordered China to close its consulate in Houston, accusing it to be a "spy center" to conduct spying activities with local medical centers or universities. Apparently timed to support the announcement, four researchers from China were charged with visa fraud “after lying about their work for China’s People’s Liberation Army.” It was followed by the indictment of a fifth researcher from China in August 2020. The five Chinese nationals are four biomedical and cancer researchers in California and a doctoral candidate studying artificial intelligence in Indiana: Lei Guan (关磊), Visiting researcher (mathematics), University of California at Los Angeles Dr. Chen Song (宋琛), Visiting researcher (neurology), Stanford University Dr. Juan Tang (唐娟), Visiting researcher (cancer), University of California at Davis Xin Wang (王欣), Visiting researcher (neurology), University of California at San Francisco Kaikai Zhao (赵凯凯), Doctoral candidate (machine learning and artificial intelligence), Indiana University In December 2020, Assistant Attorney General John Demers made a dubious claim that more than 1,000 visiting researchers affiliated with the Chinese military fled the United States in the summer. In July 2021, all five visa fraud cases were abruptly dismissed by DOJ. [Link to all five individuals’ web pages under Impacted Persons] Baimadajie Angwang (昂旺) On September 21, 2020, the Department of Justice announced the arrest of Baimadajie Angwang, a New York City Police Department (NYPD) officer and United States Army reservist, alleging him for acting as an illegal agent of the People’s Republic of China as well as committing wire fraud, making false statements and obstructing an official proceeding. On January 19, 2023, all charges against Officer Angwang were formally dropped after U.S. prosecutors said they uncovered new information that warranted the dismissal. Angwang, a naturalized U.S. citizen born in Tibet, China, spent six months in custody before being granted bail. Although all federal charges against Officer Angwang were dismissed, NYPD not only did not reinstate him, but proceeded to start administrative proceedings against him in September 2023. NYPD terminated his employment in January 2024. [See Baimadajie Angwang’s web page (under development) under Impacted Persons] Gang Chen 陈刚 On January 14, 2021, the Department of Justice announced the arrest of MIT Professor Gang Chen, alleging him for failing to disclose contracts, appointments and awards from various entities in the People’s Republic of China to the U.S. Department of Energy. When then-U.S. Attorney Andrew Lelling unveiled the charges at a news conference in Boston on the last full day of the Trump administration, he said, “it is not illegal to collaborate with foreign researchers. It’s illegal to lie about it. The allegations in the complaint imply that this was not just about greed, but about loyalty to China.” On January 20, 2022, all charges against Professor Chen were dropped. Professor Chen describes himself to be the luckiest among the unlucky because he had full support from MIT, its faculty members, and the Asian Pacific American and scientific communities. He is the namesake of the “We Are All Gang Chen” movement. “When I endured was not an isolated incident, but the result of a long American history of scapegoating and harmful policy making. Having secured our seat at the table, we must remain engaged, committed, and vigilant to prevent civil rights abuses for the next generation,” he said. [See Gang Chen’s web page under Impacted Persons] Before China Initiative: Xiafen “Sherry” Chen 陈霞芬 and Xiaoxing Xi 郗小星 A pattern of racial profiling against Chinese American scientists began to emerge in 2015 under the Obama Administration prior to the official launch of the China Initiative. In a relatively short time span, four naturalized American citizens in three separate situations were indicted for one of the most serious crimes related to espionage and trade secrets that carried heavy penalties in prison terms and fines. These individuals - Guiqing Cao, Shuyu Li, Sherry Chen, and Xiaoxing Xi - worked in diverse fields - private industry, federal government, and academia respectively. All three cases were subsequently dismissed or dropped without apology or further explanation. This is highly unusual because the Department of Justice (DOJ) prides itself on its mission of prosecuting criminal cases. Conviction rate is a key measure of success and performance. Annual statistical reports show that the overall DOJ conviction rate in all criminal prosecutions has been over 90% every year since 2001. The rate for espionage-related charges is expected to be much higher than average due to its serious nature and impact on the accused. Sherry Chen won a historic settlement from the US Department of Commerce in November 2022. Professor Xiaoxing Xi’s civil lawsuit against the FBI is still ongoing at this time. The APA Justice Task Force was formed in response to a call by Rep. Judy Chu, Chair of the Congressional Asian Pacific American Caucus, in 2015 as a platform to address racial profiling and related justice and fairness issues for the Asian Pacific American communities. [Link to Sherry Chen, Xiaoxing Xi, and APA Justice web pages] Before China Initiative: Wen Ho Lee 李文和 Dr. Wen Ho Lee is a Taiwanese-American nuclear scientist and a mechanical engineer who worked for the University of California at the Los Alamos National Laboratory in New Mexico from 1978 to 1999. Dr. Lee came to the US in 1964 at the age of 26 to attend Texas A&M University. He received his doctorate in mechanical engineering in 1970 and was naturalized as a U.S. citizen in 1974. He worked for the Argonne National Laboratory in Illinois. He moved to New Mexico in 1978 and worked as a scientist in weapons design at Los Alamos National Laboratory, in applied mathematics and fluid dynamics, from that year until 1999. Dr. Lee was publicly named by US Department of Energy officials, including Secretary of Energy Bill Richardson, as a suspect in the theft of classified nuclear-related documents from Los Alamos in 1999. On December 10, 1999, Dr. Lee was arrested, indicted on 59 counts of unlawfully mishandling classified documents, and jailed in solitary confinement without bail for 278 days. On September 13, 2000, Dr. Lee accepted a plea bargain on one count from the federal government. He was released on time served. Upon the sentencing, Judge James Parker offered a formal apology to Dr. Lee, “I have no authority to speak on behalf of the executive branch, the president, the vice president, the attorney general, or the secretary of the Department of Energy. As a member of the third branch of the United States Government, the judiciary, the United States courts, I sincerely apologize to you, Dr. Lee, for the unfair manner you were held in custody by the executive branch.” In 2003, Dr. Lee wrote a memoir with Helen Zia, “My Country Versus Me”, to tell his story how his Asian ethnicity was a primary factor behind his prosecution by the government. In June 2006, Dr. Lee won a historic settlement over violation of his privacy rights and received $1.65 million from the government and five news organizations. Judge James Parker passed away in September 2022. Secretary Bill Richardson died in September 2023. 2018/03/12 Jeremy Wu: Revisiting Judge Parker’s Apology to Dr. Wen Ho Lee 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 2000/09/13 ABC News: Wen Ho Lee Freed After Guilty Plea 2000/12/04 C-SPAN: The Wen Ho Lee Story (video 1:11:24) 1999/08/01 60 Minutes: "Spy?" - Wen Ho Lee (video 16:55) Jump to: Overview Feng “Franklin” Tao 陶丰 Anming Hu 胡安明 Qing Wang 王擎 The Five “Visa Fraud” Cases Baimadajie Angwang 昂旺 Gang Chen 陈刚 Before China Initiative: Xiafen “Sherry” Chen 陈霞芬 and Xiaoxing Xi 郗小星 Before China Initiative: Wen Ho Lee 李文和 Kansas University Professor Feng “Franklin” Tao became the first academic and scientist of Chinese origin to be indicted in August 2019. He was followed by Professors Anming Hu and Gang Chen, Researcher Dr. Qing Wang, New York Police Department Officer Baimadajie Angwang, a group of five STEM researchers and students from China, and others. The year 2020 saw the injustice inflicted by the government shifting and intensifying its profiling of scientists, most of them of Chinese origin, for “research integrity” in the name of national security. Previous Next 4. Shift to Profiling Scientists of Chinese Origin

Newsletter - #159 1/9 Meeting; Thomas Keon Under Fire; Franklin Tao; NSF Grant Inequity; Community News #159 1/9 Meeting; Thomas Keon Under Fire; Franklin Tao; NSF Grant Inequity; Community News In This Issue #159 2023/01/09 APA Justice Monthly Meeting Purdue University Northwest Chancellor Thomas Keon Under Fire Update on the Case of Professor Feng "Franklin" Tao 陶丰 Asian Researchers Face Disparity With National Science Foundation Asian American and Academic Community News and Activities 01/09/2023 APA Justice Monthly Meeting The next APA Justice monthly meeting will be held on Monday, January 9, 2023. Rep. Judy Chu 赵美心 , Chair of Congressional Asian Pacific American Caucus (CAPAC), to review 2022 and look to what is ahead in 2023 Sherry Chen 陈霞芬 , Hydrologist, U.S. Department of Commerce, to remark on her historic settlement and justice Haipei Shue 薛海培 , President, United Chinese Americans, and Vincent Wang 王文奎 , Co-organizer, APA Justice; Chair, Ohio Chinese American, to recap Justice for Sherry Chen Congressional Reception and more Patrick Toomey , Deputy Director, and Ashley Gorski , Senior Staff Attorney, National Security Project, ACLU, look forward to 2023 after the historic settlement of Sherry Chen as the Top 4 ACLU accomplishment in 2022: the Third Circuit Court decision on Professor Xiaoxing Xi's case; questioning of Asian American scientists at the border; upcoming debate in Congress about whether to reauthorize Section 702 of the Foreign Intelligence Surveillance Act (FISA), which may increasingly sweep up people communicating with family, friends, and business contacts in China; and efforts to strengthen protections against profiling and discrimination by the Department of Justice (DOJ), the Federal Bureau of Investigations (FBI), and the Department of Homeland Security (DHS). John Trasvina , Civil Rights Attorney; Former Counsel, Senate Judiciary Subcommittee on the Constitution; Former Dean, University of San Francisco School of Law, to discuss the nomination for U.S. Attorney of Eastern District of Tennessee John Yang 杨重远 , President and Executive Director, Advancing Justice | AAJC on the Anti-Profiling, Civil Rights & National Security Program and Related Activities The virtual monthly meeting is by invitation only. If you wish to join, either one time or for future meetings, please contact one of the co-organizers of APA Justice - Steven Pei, Vincent Wang, and Jeremy Wu - or send a message to contact@apajustice.org . Read past monthly meeting summaries here: https://bit.ly/3kxkqxP . Purdue University Northwest Chancellor Thomas Keon Under Fire On January 5, 2023, Inside Higher Ed published " Battling the Fallout of a Racist Comment ." According to the report, Purdue Northwest (PNW) faculty members want Chancellor Thomas L. Keon to step down after a racist remark. Keon is clinging to his job despite a reprimand from the Board of Trustees. As pressure mounts both on and off campus, Keon is resisting calls for his resignation.On December 14, Keon issued an apology. On December 16, the PNW chapter of the American Association of University Professors (AAUP) concludes in a press release that "the time has come for Chancellor Keon to resign, or else to be removed by the Purdue University Board of Trustees." On December 22, Purdue’s Board of Trustees announced that it had reprimanded Keon for his “offensive and insensitive” joke, which was “unbecoming of his role as chancellor, and unacceptable for an occasion that should be remembered solely for its celebratory and unifying atmosphere.” The day before the reprimand, the PNW Faculty Senate passed a vote of no confidence in the chancellor and requested Keon's resignation.“What he did was reprehensible, and no one who has done anything that offensive should ever be in a position to represent a university,” said Thomas Roach , PNW’s Faculty Senate chair. “And the Board of Trustees should know that, and they should have removed him immediately without us having to take that vote. The board is treating it as if he made this little mistake, and they don’t want to damage his career because of one mistake. Well, that’s a pretty big mistake for the chancellor of the university.” In addition to the faculty, some PNW student groups denounced Keon. Condemnations of the chancellor’s actions have also rolled in from outside groups, including the Asian American Scholars Forum , Asian Pacific Americans in Higher Education , Association for Asian American Studies , OCA , Japanese American Citizens League , National Asian Pacific American Womens Forum Indiana Chapter , Committee of 100 , Friends of the Chinese American Museum , and Asian American Alliance. On January 6, the Urban League asked Keon to resign from his post on its local affiliate's board.On January 1, Mung Chiang 蔣濛 , a Chinese American born in China, began his tenure as the 13th President of Purdue University . At age 47, he is the youngest president of an Association of American Universities (AAU) university. Observers and advocates are reportedly hoping Chiang will address the issue regarding the chancellor. Update on the Case of Professor Feng "Franklin" Tao 陶丰 Kansas University (KU) Professor Franklin Tao was the first academic to be indicted under the now-defunct "China Initiative" in August 2019.On January 18, 2023, Dr. Tao will be sentenced on a single count for false statements that he did not disclose his relationship with Fuzhou University (FZU) in China as a Chang Jiang Distinguished Professor. There was no evidence that Dr. Tao received any payment from FZU, but the disclosure was false because Dr. Tao had conflicts of time or interest, according to the government. As a result of the conviction of one count, Dr. Tao faces a sentencing guideline range of 0-6 months. Federal prosecutors want a sentence of 30 months in prison.According to the Sentencing Memorandum , attorneys for Dr. Tao requested a sentence of time-served, concluding that: "Dr. Tao not only has no criminal history; he has no prior arrests. There can be no serious suggestion that Dr. Tao is at risk to re-offend. Given that Dr. Tao has essentially been on probation for the past three and one-half years, required to wear an ankle-bracelet and unable to travel without Court permission; given the ruinous effect of this prosecution on his career, his life, and his family and his finances, a sentence of time-served is appropriate and justified. This conviction, alone, is enough, and is no 'slap on the wrist': the life that Dr. Tao knew prior to his arrest is over, forever. He was convicted of a felony—a label that he will be forced to wear for the rest of his life. He and his family have already endured great psychological trauma during the last three and one half years, with everlasting consequences for all of them. His family is on the brink of bankruptcy. No pecuniary harm resulted from Dr. Tao’s conduct. In the circumstances of this case, a sentence of time-served is sufficient to satisfy the statutory purposes of sentencing." Professor Tao was originally charged with eight counts of wire fraud and two counts of false statements. After the government voluntarily dismissed one wire fraud and one false statement count before trial, the jury acquitted Professor Tao of three additional wire-fraud charges and one false statement charge. The Court subsequently granted Professor Tao’s Motion for Judgment of Acquittal and acquitted Dr. Tao on the three remaining wire fraud counts. The lone remaining count is false statements.Read more about Dr. Tao's case at https://bit.ly/3fZWJvK Asian Researchers Face Disparity With National Science Foundation On January 4, 2023, the New York Times reported on " Asian Researchers Face Disparity With Key U.S. Science Funding Source. " According to the report, White researchers fared best in winning grants from the National Science Foundation (NSF) based on the findings of a paper published in November in the journal eLife . Asians encounter the highest rate of rejections, challenging an academic stereotype. The NSF is a federal agency that finances several billion dollars in grants each year to support a swath of basic science research in the United States, including biology, chemistry, computer science, geosciences, mathematics and physics. For university professors and others in academia, the NSF often provides the crucial financial lifeblood for a successful career. From 1999 to 2019, the proportion of proposals that received funding fluctuated between 22 and 34 percent depending on the number of submissions and the available budget, which varies based on yearly congressional appropriations. In 2019, for example, NSF received 41,024 proposals and financed 27.4 percent of them. A typical grant lasts three years, and the average annual award amount that year, including both new awards and continuing awards, was $189, 000.Latino scientists did slightly better than average that year, with 29 percent of their proposals funded, and proposals by Black scientists did slightly worse than average, at 26.5 percent. For proposals led by white scientists, 31.3 percent were funded, while only 22.7 percent of those led by Asian scientists were funded. The eCell paper was authored by seven researchers led by Dr. Christine Yifeng Chen , a postdoctoral researcher at Lawrence Livermore National Laboratory. It was also reported and discussed by the American Physical Society on November 8, 2022. The eCell paper infers that white scientists have received a “surplus” of 12,820 NSF awards over the past 20 years. Meanwhile, Asian scientists have a “deficit” of 9701 awards. For Black and Hispanic scientists, the deficits are 417 and 175 awards, respectively. The racial disparity issue echoes a commentary published last year in the journal Cell by Yuh Nung Jan , a professor of physiology at the University of California, San Francisco, that showed that Asian scientists in biomedical research rarely received top prizes in their fields. Dr. Jan found that just 57, or less than 7 percent, of 838 winners of American biomedical prizes were Asian, even though Asian scientists now account for more than a fifth of the researchers in these fields. The NSF will launch a new program called Analytics for Equity this month, asking researchers to propose projects that would investigate diversity data at the NSF and other federal agencies. The National Science Board, which sets policy for NSF, voted to establish a commission to study NSF review process, citing “internal and external reports of racial disparities in merit review." Asian American and Academic Community News and Activities Portman Amendment Excluded from FY23 NDAA. On December 9, 2023, seven community groups including APA Justice issued a press release applauding the exclusion of Senate Amendment 5810, the Safeguarding American Innovation Act, in the National Defense Authorization Act (NDAA) for Fiscal Year 2023. Introduced by Senator Rob Portman , this amendment would have had long standing impacts and ramifications for the broader Asian American and immigrant communities, particularly those of Chinese descent. It would have criminalized disclosures on federal grant applications and subjected immigrants, scientists, researchers and their families to imprisonment, steep civil fines, immigrant visa restrictions, and enduring damage. Supported by dozens of other immigrant rights groups, Asian American advocates, and professional organizations, the coalition submitted a formal letter to the offices of House Speaker Pelosi , House Minority Leader McCarthy , Senate Majority Leader Schumer , and Senate Minority Leader McConnell . AASF Campaign on Disclosure Requirements. After their submission of recommendations to the National Science Foundation (NSF), Asian American Scholar Forum (AASF) is continuing its campaign on disclosure requirements. Organizations are welcomed to join. The goal is to educate groups such as the National Council of Asian Pacific Americans and the National Asian Pacific American Bar Association that do not normally work on science or research security to become more engaged in disclosure issues. Read more about the AASF recommendations at https://bit.ly/3ZihfPZ . Contact Gisela Kusakawa , AASF Executive Director, for more details at gpkusakawa@aasforum.org Growing Concerns about Border Harassment. There are growing concerns that students and faculty of Asian origin, particularly those of Chinese origin, are increasingly getting harassed at the border. Members of the Asian American Scholar Forum (AASF) were reportedly too frightened to travel abraod during the holidays and kept their travels domestic. AASF is gathering stories from its members and the community network in partnership with the US-Asia Institute at the New York University Law School. Patrick Toomey , Deputy Director of the ACLU National Security Project, will include this topic as part of his talk at the APA Justice monthly meeting on January 9, 2023. The President’s Advisory Commission on Asian Americans, Native Hawaiians, and Pacific Islanders. The Commission held its fourth public meeting over the course of two days on December 5-6, 2022, to approve additional recommendations for submission to President Joe Biden. Watch the meeting on YouTube day one (video 2:03:08) and day two (video 1:59:13). The Commission released its inaugural report detailing recommendations on six primary areas - Belonging, Inclusion, Anti-Asian Hate, Anti-Discrimination; Health Equity; Immigration and Citizenship Status; Language Access; Data Disaggregation; and Economic Equity - that were approved on May 12, 2022, and transmitted to the President on August 24, 2022. In addition to the December meeting, the Commission held public meetings in February, May, and September. Learn more about the Commission and the Biden Administration's whole-of-government approach to advancing equity, justice, and opportunity for AA and NHPI communities. https://bit.ly/3invK4g 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 9, 2023 Previous Newsletter Next Newsletter

Newsletter - #115 "China Initiative" Dropped; CBS Interviews Gang Chen; Power Corrupts; Request to OSTP #115 "China Initiative" Dropped; CBS Interviews Gang Chen; Power Corrupts; Request to OSTP Back View PDF February 24, 2022 Previous Newsletter Next Newsletter

Asian American Justice Center (AAJC) has launched the Anti-Racial Profiling Project (ARPP). October 6, 2020 On October 6, 2020, Advancing Justice | Asian American Justice Center (AAJC) launched the Anti-Racial Profiling Project (ARPP). Watch the press briefing here . On October 7, 2020, Advancing Justice | AAJC launched the first webinar for ARPP for the public and followed with a detailed message about the project on October 9. How You Can Get Help Legal Referral . Contact AAJC via the Signal app with the number 202-935-6014 or text ONLY a name and phone number to 202-935-6014 and wait for an AAJC staff member to make direct contact. Know Your Rights . Covering 3 areas: (a) When approached by law enforcement (including the FBI, Special Agents from an agency’s Office of Inspector General or security office, or other Federal, state or local police); (b) When law enforcement comes to your house; (c) SPECIFIC PRECAUTIONS FOR SCIENTISTS, SCHOLARS AND RESEARCHERS How You Can Help Make a Tax-Deductible Donation to Advancing Justice | AAJC . AAJC is a 501(c)3 non-profit organization. Sign up for the APA Justice newsletter to keep informed on the latest developments Spread the word about the Anti-Racial Profiling Project Stories from Impacted People Dr. Wei Su : Concern for the younger generation: The targeting and profiling of Chinese and Asian Americans and Immigrants Dr. Xiaoxing Xi : Spying charges against Chinese American scientists spakr fears of a witch hunt Ms. Sherry Chen : Ohio scientist accused of spying sues government after charges dropped Dr. Wen Ho Lee : The Making of a Suspect: The Case of Web Ho Lee Asian American Justice Center (AAJC) has launched the Anti-Racial Profiling Project (ARPP). Previous Next Anti-Racial Profiling Project Launched

Newsletter - #196: Florida Hearing Today; TikTok Ban Lawsuit; Chinese Scientists; NASEM Roundtable; More #196: Florida Hearing Today; TikTok Ban Lawsuit; Chinese Scientists; NASEM Roundtable; More In This Issue #196 TODAY, July 18: Federal Court Argument Over Florida’s New Discriminatory Housing Law Texas’ TikTok Ban Hit With First Amendment Lawsuit Who Needs Chinese Scientists? America Does National Academies Roundtable Proceedings News and Activities for the Communities TODAY, July 18: Federal Court Argument Over Florida’s New Discriminatory Housing Law WHAT: The U.S. District Court of the Northern District of Florida will hear arguments in Shen v. Simpson . A press conference with the legal team and community leaders will follow. CONTACT : Dr. Jim Moyer, Press Secretary jimmoyer1956@gmail.com Attorney Echo King, President echokinglaw@yahoo.com Allegra Harpootlian, 303-748-4051, aharpootlian@aclu.org WHEN: Tuesday, July 18, 1:30 p.m. ET WHERE: Joseph Woodrow Hatchett U.S. Courthouse and Federal Building, 111 N. Adams St., Tallahassee, Florida Court information: https://www.flnd.uscourts.gov/tallahassee On July 18, 2023, the U.S. District Court of the Northern District of Florida will hear arguments in Shen v. Simpson, a lawsuit challenging Senate Bill 264, a new Florida law banning many Chinese immigrants, including people here lawfully as professors, students, employees, and scientists, from buying a home in large swaths of the state. This law also unfairly discriminates against immigrants from Cuba, Venezuela, Syria, Iran, Russia, and North Korea, but it singles out people from China for especially draconian restrictions and harsher criminal penalties. The lawsuit Shen v. Simpson was filed on May 22, 2023, by four Chinese immigrants who live, work, study, and raise families in Florida, but are now prohibited from purchasing real estate there, as well as a local real estate firm whose business will be affected. The plaintiffs are asking the judge for a preliminary injunction to immediately block the law and declare it unconstitutional.The Chinese immigrants and real estate firm are represented by the DeHeng Law Offices PC, the American Civil Liberties Union (ACLU), the ACLU of Florida, the Asian American Legal Defense and Education Fund (AALDEF), and the law firm Quinn Emanuel in conjunction with the Chinese American Legal Defense Alliance (CALDA). On June 27, the United States Department of Justice filed an amicus brief in support of plaintiff's motion for a preliminary injunction challenging this prejudicial new law. Nineteen other groups have also express their support for the injunction. Ashley Gorski from ACLU and Clay Zhu from DeHeng Law Office will be in court arguing that this law violates the plaintiffs’ constitutional right to equal protection under the law and codifies and expands housing discrimination against people of Asian descent — something expressly forbidden by the Fair Housing Act. Florida Asian American Justice Alliance (FAAJA) and the Yick Wo Institution will hold a protest rally on July 18, denouncing the discriminatory SB 264 “Interests of Foreign Countries” Act. This demonstration will consist of a multiracial, multi-state coalition of concerned citizens, some of whom will be traveling in “freedom buses” to Tallahassee the morning of the hearing to support the civil rights of all US citizens and residents.Reminiscent of the “freedom rides” of the 1960s civil rights movement, these protestors have embraced the color YELLOW to symbolize the fight for the rights of the AAPI community.Those attending the rally in front of the courthouse will be wearing yellow.FAAJA was created after many Chinese Floridians, Chinese American groups, and countless other supporters protested in Tallahassee on April 19, 2023, against the passage of this bill,which violates Floridians’ civil rights and liberties. Despite FAAJA’s efforts, this unjust bill was signed into law on May 8, 2023, and took effect on July 1, 2023.This Tallahassee rally is supported by many major organizations with diverse backgrounds including APA Justice Task Force, Committee of 100 (C100), Chinese for Affirmative Action (CAA), Japanese American Citizens League (JACL), Greater Houston League of United Latin American Citizens (GH LULAC), National Association for the Advancement of Colored People (NAACP), Stop AAPI Hate, United Chinese Americans (UCA) and more.The time and location of the press conference will be announced later.FAAJA hereby urges the court to rule in favor of the plaintiffs’ request for a temporary injunction and against this unfair treatment of certain targeted groups of people based on their race and country of origin.Read more coverage of the hearing by APA Justice: https://www.apajustice.org/ 2023/07/11 Shen v. Simpson Document 65: Plaintiffs' Report in Support of Their motion for a Preliminary Injunction . Update on Alien Land Bills On June 27, 2023, Louisiana Governor signed House Bill 537 into state law. It becomes effective on August 1, 2023.Follow the tracking map and state-by-state list of alien land bills at https://bit.ly/43oJ0YI . Read APA Justice's full coverage of Alien Land Bills: https://bit.ly/43epBcl Texas’ TikTok Ban Hit With First Amendment Lawsuit According to a press statement on July 13, 2023, researchers and the Knight First Amendment Institute at Columbia University have filed a lawsuit on behalf of the Coalition for Independent Technology Research, asserting that Texas’s TikTok ban, initially imposed by Texas Governor Greg Abbott last year, violates the First Amendment. The ban requires all state agencies, including public universities, to bar employees from downloading or using TikTok on state-owned or -issued devices or networks, as well as on personal devices used to conduct state business. The lawsuit challenges the ban’s application to public university faculty, asserting that it compromises academic freedom and impedes vital research. The Coalition for Independent Technology Research is a group of academics, journalists, civil society researchers, and community scientists that works to advance, defend, and sustain the right to study the impact of technology on society. The coalition’s members include professors at public universities in Texas whose research and teaching have been compromised by the ban. Texas is not the only state to have enacted a TikTok ban of one kind or another. At least 35 states have banned TikTok on state devices and networks. State university systems or universities in 20 states have banned TikTok on university devices, university networks, or both. Montana passed a ban in May 2023; two lawsuits have been filed challenging that law, one by TikTok and another by TikTok users. Coalition for Independent Technology Research v. Abbott (1:23-cv-00783) was filed with the Western District of Texas Austin Division.Read the press statement by the Knight First Amendment Institute : https://bit.ly/43r7W0Q Who Needs Chinese Scientists? America Does According to an opinion published by LA Progressive on July 11, 2023, outside the halls of Congress, where alarm bells constantly go off about the Chinese threat, scientists, research laboratory directors, and university officials recognize what a resource the Chinese scientists are. Xie Xiaoliang is one of Harvard’s premier scientists, a biophysical chemist known for his work on DNA. He’s leaving Harvard to take an academic position in his home country, China, one of about 1400 top Chinese scientists who in recent years have given up their US positions and returned to China.The reason is not so much China’s “Thousand Talents” program, which seeks to entice scientists to return home with promises of lucrative academic and research positions. It’s the lingering effects of the Trump and Biden justice department’s China Initiative.That program sought—with outstanding failure—to weed out Chinese scientists, including Chinese Americans, who were supposedly committing economic espionage. The University of Michigan’s president was among many major university leaders who wrote to the US attorney general to complain about the unfairness of the China Initiative, pointing out its racial profiling, lack of evidence of wrongdoing, and pressure on the university to “investigate researchers who are singled out only because of their personal or professional connections with China.” The open letter was signed by the overwhelming majority of Michigan faculty.The China Initiative has ended, but the careers of a number of prominent scientists of Chinese descent in the US were ruined or set back. Fear stalks Chinese visitors and citizens alike. Put simply, the scientific research of Chinese scientists is crucial to international scientific collaboration ( Karin Fischer , The Chronicle of Higher Education, Latitudes, June 14, 2023).There is, to be sure, reason for caution on national security grounds. Concern about research findings here being conveyed to the Chinese military is real. U.S. universities are well aware of the problem and have developed guidelines for collaborative research with security implications. But overwhelmingly, the view at universities and research facilities is that our society and economy would pay a high price if Chinese scientists were suddenly barred from entry. That means US “visa processes should be streamlined, backlogs cleared and talented individuals given expanded opportunities to obtain green cards,” says one writer long involved in promoting US-China ties.Congress isn’t listening, however; right-wing members, with some support from liberals, believe any contact with Chinese scientists is a national security danger. Recently, 10 Republicans on Rep. Mike Gallagher ’s special committee on China wrote Secretary of State Antony Blinken to urge that the U.S. scrap the 1979 US-China Science and Technology Agreement, which is up for renewal. That agreement supports cooperation on many scientific projects in agriculture, physics, and the atmosphere, among other areas. Let’s remember that no one appreciates academic freedom more than visitors from China and other countries under authoritarian rule. When that freedom is violated by harassment and suspicion, word gets back to China very quickly, and the rewards for returning to China, in money and prestige, become tantalizing. Academic freedom is under assault in the U.S. for other reasons these days. It is in our self-interest to protect it from those who really don’t have the national interest at heart. Mel Gurtov , author of the opinion, is Professor Emeritus of Political Science at Portland State University (Oregon) and (from 1994 to 2017) Editor-in-Chief of Asian Perspective, an international affairs quarterly. Read the LA Progressive opinion: https://bit.ly/3XPJBAO Science : New Chinese journal gains impact. According to Science on July 13, 2023, just 3 years after launch, The Innovation , a China-based, English language journal, has made a splash. Last month, it notched a citation impact factor of 32.1—behind only Nature ’s 64.8 and Science ’s 56.9 among multidisciplinary journals—in the annual Journal Citation Reports released by the Clarivate analytics company. A group of young Chinese scientists pooled their savings to get the open-access journal up and running, according to the South China Morning Post , which first reported the story. Despite producing nearly 30% of the world’s reviewed scientific papers, China has produced few highly ranked journals. At least two-thirds of The Innovation ’s published papers come from China-based corresponding authors. It accepts only about 13% of submissions; acceptance rates at Science and Nature are below 10%. Read the Science report: https://bit.ly/44vIyss National Academies Roundtable Proceedings On November 14 and 15, 2022, the National Academies of Sciences, Engineering, and Medicine (NASEM) convened a two-day workshop under the auspices of the National Science, Technology, and Security Roundtable to assess the state of the U.S. research enterprise in a time of increasing global competition. The workshop also featured discussion of the challenges confronting researchers as they seek to ensure the vitality of research and innovation in America, foster increased international scientific research cooperation, and simultaneously counter illicit foreign interference that threatens national security interests. This publication summarizes the presentation and discussion of the workshop.Read the proceedings of the NASEM workshop: https://bit.ly/3K4zWR4 News and Activities for the Communities 1. Asian American Tech Worker Filed Suit According to NBC News on July 12, 2023, A former Asian American employee is suing the Silicon Valley tech company Lumentum, alleging that a yearslong pattern of racism ended with his termination when he tried to speak out. Andre Wong , 52, filed the complaint in the Santa Clara Superior Court on June 30, seeking $20 million in damages. His suit comes amid others by tech workers who say they’re pushing against the “bamboo ceiling,” barriers that have kept Asians from advancing to high-level leadership positions. Read the NBC News report: https://nbcnews.to/44JXId0 . 2. First Asian American Miss Texas speaks out against Gov. Abbott’s attack on diversity programs According to AsAmNews on July 8, 2023, Miss Texas is asking Governor Greg Abbott and other conservative lawmakers to stop their assault on DEI (diversity, equity and inclusion) programs in the state. Last year, Averie Bishop became the first Asian American to win Miss Texas and went on to compete in the Miss America competition. Since then, she has been using her platform to promote the idea that “Y’all means All.” MSNBC published an Op-Ed written by Bishop that addressed attacks on DEI policies from conservative Texas state lawmakers. The Texas Senate recently passed S.B. 17, in April. The bill bans diversity equity inclusion departments in public universities. The Op-Ed also comes after a recent U.S. Supreme Court deemed affirmative action programs in university admissions unlawful. Bishop wrote that she worried that the state’s “most vulnerable populations” would be ostracized without DEI policies. She believes the policies are essential to building a better Texas. Bishop herself is a first-generation law school graduate. Her mother was a Filipino immigrant. Growing up, she was one of just two visibly Asian students at her school. Now, she sees a different Texas.Bishop said she’s disappointed that many lawmakers do not want to celebrate that diversity. “Gov. Greg Abbott and state leadership must cease its assault on DEI policy and focus on improving the economic and social livelihood of all of us,” Bishop wrote.Read the AsAmNews report: https://bit.ly/3PZxSxB . Read the MSNBC op-ed: https://on.msnbc.com/43rMVn1 Back View PDF July 18, 2023 Previous Newsletter Next Newsletter

Newsletter - #199 8/7 Meeting; Warrantless Surveillance; New Red Scare; Chen v FBI; Understanding FBI; + #199 8/7 Meeting; Warrantless Surveillance; New Red Scare; Chen v FBI; Understanding FBI; + In This Issue #199 2023/08/07 APA Justice Monthly Meeting Warrantless Surveillance - Section 702 of FISA Must Not Be Reauthorized Without Major Reforms The Case of Dr. Yanping Chen vs FBI, DOJ, DOD and DHS Reminder: Webinar on Understanding the FBI: Its Mission, Motivations, and Tactics News and Activities for the Communities 2023/08/07 APA Justice Monthly Meeting The next APA Justice monthly meeting will be held via Zoom on Monday, August 7, 2023, starting at 1:55 pm ET. In addition to updates by Nisha Ramachandran , Executive Director, Congressional Asian Pacific American Caucus (CAPAC); John Yang 杨重远 , President and Executive Director, Advancing Justice | AAJC; and Gisela Perez Kusakawa , Executive Director, Asian American Scholar Forum (AASF), speakers will include: Clay Zhu 朱可亮 , Partner, DeHeng Law Offices 德恒律师事务所; Founder, Chinese American Legal Defense Alliance 华美维权同盟, to report on the latest developments of the Florida lawsuit Echo King 金美声 , President, Florida Asian American Justice Alliance (FAAJA), to provide on-the-ground reports about the July 18 court hearing, press conference, and protests; and a brief report by Professor Shuang Zhao 赵爽 , Co-President, Yick Wo Institution 益和学会 Andy Wong, Managing Director of Advocacy, and Shanti Prasad , Advocacy Manager, Chinese for Affirmative Action (CAA), to give a brief introduction of CAA and its recent roles and activities in alien land laws, warrantless surveillance/reauthorization of Section 702, anti-Asian hate, and related topics Christine Chen , Executive Director, to give a brief introduction of APIAVote, observations on the communities' reaction to the alien land bills/laws, the introduction of laws in some states criminalizing those who assist voters (AP report: https://bit.ly/3NM9z3s ), and plans for the upcoming 2024 election The virtual monthly meeting is by invitation only. If you wish to join, either one time or for future meetings, please contact one of the co-organizers of APA Justice - Steven Pei 白先慎 , Vincent Wang 王文奎 , and Jeremy Wu 胡善庆 - or send a message to contact@apajustice.org FCRTV Webinar on July 22, 2023 On July 22, 2023, Florida Chinese Radio Television (FCRTV) 佛州华语广播电视台 broadcast a webinar in Chinese. Titled 从微信禁令案到佛州地产限购法案，朱可亮律师讲解在美华人的维权之路和启发 (From the WeChat Ban Case to the Florida Alien Land Law, Attorney Zhu Keliang explains the road and inspiration of Chinese people in the United States to defend their rights), the featured speaker of the webinar was Attorney Clay Zhu 朱可亮. Watch the FCRTV video at: https://www.youtube.com/watch?v=zOqobsVDX_A (2:05:26). Warrantless Surveillance - Section 702 of FISA Must Not Be Reauthorized Without Major Reforms On June 26, 2023, Asian American Scholar Forum (AASF), American Civil Liberties Union (ACLU), APA Justice, Brennan Center for Justice, and the Committee of 100 (C100) co-hosted a webinar on "Perils of Warrantless Surveillance - The Case for Foreign Intelligence Surveillance Act (FISA) Reform." Congresswoman Pramila Jayapal led off the webinar with opening remarks. Panelists were Gang Chen 陈刚 , Soderberg Professor of Power Engineering, MIT; Elizabeth Goitein , Senior Director, Brennan Center for Justice; Ashley Gorski , Senior Staff Attorney, ACLU; Brian A. Sun 孙自华 , Partner at Norton Rose Fulbright and C100 Board Member. The webinar was moderated by retired Judge Lillian Sing 郭丽莲 , California Superior Court. Section 702 of FISA was first enacted in 2008. The U.S. Constitution protects its people against unreasonable searches and seizures. However, under Section 702, the U.S. government engages in mass, warrantless surveillance of phone calls, text messages, emails, and other electronic communications between Americans and foreigners. Information collected under this law without a warrant can be used to prosecute and imprison people, even for crimes that have nothing to do with national security. Asian Americans, especially Chinese Americans and the immigrant and scientific communities, have been targeted for warrantless surveillance that led to wrongful and unjust prosecutions. They include Temple University Professor Xiaoxing Xi 郗小星 and possibly New York Police Department Officer Baimadajie Angwang 昂旺 . The current authority of Section 702 will expire on December 31, 2023. Congress has started debate on the reauthorization of Section 702. It is not the only tool being used to spy on American citizens without a warrant, which is in possible violation of the Fourth Amendment of the Constitution. A number of civil society organizations and national organizations have already weighed in and issued statements to oppose Section 702 reauthorization and warrantless surveillance unless there are major reforms. Subsequent to the June 26 webinar, a group of diverse national, state, and local organizations and individuals has been formed to plan for follow-up actions by the Asian American communities. A kickoff planning meeting was held on August 3, 2023.Watch the June 26 webinar: https://www.youtube.com/watch?v=3k56a4KuSn0 . Read the APA Justice web page on Warrantless Surveillance: https://bit.ly/3O6T43Q The Case of Dr. Yanping Chen vs FBI, DOJ, DOD and DHS Dr. Yanping Chen 陈燕平 is a naturalized U.S. citizen born in China. She was a cardiologist and medical researcher with the Chinese astronaut program. She came to the U.S. in 1987 to study and earned a Master’s degree and a Ph.D. in Public Policy from George Washington University. She married a U.S. citizen, became a lawful permanent resident in 1993, and a U.S. citizen in 2001. In 1998, Dr. Chen founded the University of Management and Technology in Arlington, Virginia, to provide secondary and graduate education to working adults. More than 12,000 students have received degrees in the last 20 years.In 2010, Dr. Chen became the focus of a Federal Bureau of Investigations (FBI) investigation. After 6 years of investigation, Dr. Chen was told that no charges will be filed against her in 2016. However, confidential information from the investigation was allegedly leaked to Fox News in or around 2017. On December 21, 2018, Dr. Chen filed a privacy lawsuit against the FBI, Department of Justice, Department of Defense, and Department of Homeland Security.According to Voice of America on August 3, 2023, Judge Christopher Cooper of the U.S. District Court for the District of Columbia issued a ruling that would force Catherine Herridge , then a journalist at Fox News and currently a CBS News correspondent, to participate in a deposition regarding the identity of her anonymous sources from her 2017 series of stories. In 2022, Dr. Chen subpoenaed Herridge and Fox News to try to determine the alleged leaker’s identity, but the journalist and news outlet rebuffed her efforts, citing First Amendment protections afforded to the press.But in Cooper’s ruling, he said Chen’s need for the evidence outweighed Herridge’s First Amendment privilege.According to the Washington Post on June 5, 2006, Wen Ho Lee 李文和 , a former nuclear weapons scientist who came under government suspicion of being a spy for China, settled a lawsuit over violation of his privacy rights and received $1.65 million from the government and five news organizations, including The Washington Post. Under the settlement, which was filed in U.S. District Court in Washington DC and cited in a joint statement by the five news organizations, Lee received $895,000 from the government for legal fees and taxes related to his lawsuit accusing the U.S. Justice Department and Energy Department of violating his rights under the Privacy Act by leaking information that he was under investigation for suspected espionage.The five news organizations -- the Washington Post , the New York Times , the Los Angeles Times , the Associated Press and ABC News -- agreed to pay Lee a total of $750,000 as part of the settlement.Read the Voice of America report: https://bit.ly/3OlJ5Gf . Read the Washington Post report : https://wapo.st/43YOM2N . Read the APA Justice web page on Dr. Yanping Chen : https://bit.ly/APAJ_Yanping_Chen Reminder: Webinar on Understanding the FBI: Its Mission, Motivations, and Tactics On August 10, 2023, the Asian American Scholar Forum will host a webinar on Understanding the FBI: Its Mission, Motivations, and Tactics, featuring Michael German. Mike is a fellow with the Liberty and National Security Program of the Brennan Center for Justice at New York University Law School, where his work focuses on counterterrorism, law enforcement, and intelligence reform. He previously served sixteen years as a special agent with the Federal Bureau of Investigation (1988- 2004), where he conducted criminal investigations and undercover operations. He is the author of “Disrupt, Discredit, and Divide: How the New FBI Damages Democracy“ (New Press, 2019). Register for the event at https://bit.ly/3pAMzwh News and Activities for the Communities 1. APA Justice Launches Community Events Calendar APA Justice has launched a Public Events Calendar on the front page of its website at https://www.apajustice.org/ . The new feature allows readers to view upcoming events with brief descriptions in one stop. Options are available to view the events by day, week, month, and agenda. We thank summer interns Charlotte Ding and Ryan Zhao for implementing this important functionality. 2. 2023/08/26 March on Washington On August 26, 2023, a 2023 March on Washington will commemorate the 60th anniversary of the historic March on Washington, organized by Dr. Martin Luther King Jr. and other civil rights leaders in 1963, to continue the fight for democracy, social justice and civil rights. Join the King family at the Lincoln Memorial to honor the past, acknowledge the present and march toward a future of progress and equality.Advancing Justice | AAJC is co-chairing this momentous event along with ADL, Human Rights Commission, Lawyers’ Committee for Civil Rights Under Law, The Leadership Conference on Civil and Human Rights, Legal Defense Fund, NAACP, National Coalition on Black Civic Participation, National Council of Negro Women, National Urban League and UNIDOS. Read the Advancing Justice | AAJC announcement: https://bit.ly/3E2JUPP . Register to join the Asian American, Native Hawaiian, and Pacific Islander Contingent at the 60th Anniversary of the March on Washington: https://bit.ly/3qjWTsY 3. Ji-Hyun Lee - 120th President of the American Statistical Association The American Statistical Association announced the election of Ji-Hyun Lee as its president. Her term begins January 1, 2025, with a one-year term as president-elect beginning January 1, 2024. Lee is believed to be the first person of Asian descent to serve in that capacity. "Understanding basic statistical and data literary is not only just important for students but is becoming increasingly crucial for everyone in the workforce," Lee said. "With the rapid growth of data-driven jobs and widespread use of data in the various sectors, data science and statistical education are vital for building a strong American workforce and maintaining competitiveness." Lee is a professor of biostatistics at the University of Florida College of Public Health and Health Professions and the University of Florida College of Medicine. She was on the board of directors for the Korean International Statistical Association from 2017 to 2022. Back View PDF August 6, 2023 Previous Newsletter Next Newsletter

Newsletter - #47 End "China Initiative" And Racial Profiling; Charles Lieber; Gang Chen; Lots More #47 End "China Initiative" And Racial Profiling; Charles Lieber; Gang Chen; Lots More Back View PDF March 8, 2021 Previous Newsletter Next Newsletter

2. Historical Re-Hash - Alien Land Law and SB147 2023 Texas Alien Land Bill SB147 Wednesday, March 1, 2023 20230301 Webinar2.jpg Previous Item Next Item

Newsletter - #14 September 14 Meeting Agenda And Link To Join #14 September 14 Meeting Agenda And Link To Join Back View PDF September 9, 2020 Previous Newsletter Next Newsletter

The DOJ's online report of the China Initiative has been suspiciously changed ahead of a review by the Assistant Attorney General for National Security. June 14, 2021 Launched by the Department of Justice (DOJ) in November 2018, the "China Initiative" purportedly combats economic espionage and trade secret thefts. However, its scope and boundaries have not been defined after three years of operation. There has not been an official count of "China Initiative" cases. According to the DOJ online report on June 14, 2021, there were 71 prosecutions since the start of the "China Initiative." This web page lists 24 scientists from 23 of these "China Initiative" cases. Cases with ID #XX are believed to be under the "China Initiative" but have not been explicitly listed by DOJ. These cases match closely the Law360 report 'Overheated': How A Chinese-Spy Hunt At DOJ Went Too Far on September 28, 2021. On November 19, 2021, the DOJ online report was changed significantly with at least 20 cases removed and about 4 cases added. The unannounced and unexplained changes made on a Friday are disturbing because an independent review led by Matt Olsen, newly appointed Assistant Attorney General for National Security, is supposed to be starting. The removals are susceptible to creating yet another misleading impression of the "China Initiative." For example, the removals include the dismissed or acquitted cases of Anming Hu, Qing Wang, Chen Song, Xin Wang, Juan Tang, Kaikai Zhao, and Guan Lei. One direct impact of the DOJ changes is the removal of the 8 dismissed cases. The DOJ's online report of the China Initiative has been suspiciously changed ahead of a review by the Assistant Attorney General for National Security. Previous Next Watch Out for Unexplained Changes in the DOJ Online Report