Newsletter - #264 Neal Lane Remarks; National Academies Capstone; RoRS Workshop; Anti-Asian Hate; More #264 Neal Lane Remarks; National Academies Capstone; RoRS Workshop; Anti-Asian Hate; More In This Issue #264 · Dr. Neal Lane Remarks on June 6 Forum and Goals · National Academies Roundtable Capstone Workshop · Dr. Tam Dao Update on Research on Research Security (RoRS) Workshop · Anti-Asian Hate Incident with Columbia University Vice President for Communications · News and Activities for the Communities Dr. Neal Lane Remarks on June 6 Forum and Goals During the APA Justice monthly meeting on July 1, 2024, Dr. Neal Lane, Senior Fellow, Baker Institute for Public Policy, Rice University; Former Director of Office of Science and Technology Policy (OSTP), The White House; Former Director, National Science Foundation (NSF), shared his thoughts about the important dialogue that was held at Rice University on June 6, 2024. Dr. Lane's remarks followed Kei Koizumi , Principal Deputy Director of OSTP.The June 6 forum was a groundbreaking occasion where representatives from the FBI, Asian American communities, and academic institutions gathered for a vital discussion. Dr. Lane explained why this unique gathering may be one of the most significant hosted by Rice University. America’s economy, security, and well-being are deeply intertwined with advancements in science, technology, and private sector innovation. The U.S. heavily relies on researchers and STEM workers from Asia, particularly China. If these talented individuals decide not to come here or those already here choose to leave, it will severely impact our scientific and technological progress.Not long ago, that sentiment would have been unthinkable.If some foreign entity decided to find a way to cause America to fall backwards in science, technology, innovation, and economic growth, and simply become a weaker nation, the China initiative would be an ideal strategy. Even with its cancellation, so much damage has already been done.Existing policies, rules, and enforcement guidelines are not clear, and there appear to be communication gaps between the policy makers and those who must enforce the rules. Dr. Lane is encouraged by Kei's comments that the guidelines will be coming out of the White House soon. It is hard for those of us who are not there working on this problem in real time to understand the scope of what the challenges are.It is an understatement that policy makers do not always get it right. We have just heard some of the matters that Congress is dealing with right now, and that the White House is pushing back on.That was the reason Dr. Lane felt the June 6 Forum was so important. The fact that the FBI, with some risk, was reaching out to the Asian community, meant that there was a real chance to begin a much-needed dialogue.It brought together leaders from the FBI’s Houston Field Office and Washington headquarters, the U.S. Attorney’s Office for the Southern District of Texas, and members of the Asian and academic communities. Discussions covered the China Initiative, issues with students at the border, the complex landscape of research security, and the ongoing need to balance research security with attracting and retaining top talent.Rice University's Office of Innovation, led by Vice President of Innovation Paul Cherukuri , spoke at the Forum. Key participants included representatives from Rice University’s Baker Institute for Public Policy, the ACLU of Texas, the Asian American Scholar Forum, the Texas Multicultural Advocacy Coalition, and APA Justice.Although Customs and Border Protection representatives were invited, they did not attend. The Forum was moderated by Dr. Steven Pei and attended by about 75 in person, with over 400 joining virtually. One major takeaway was the commitment from FBI leadership, particularly Jill Murphy , Deputy Assistant Director for counterintelligence in Washington, and Alamdar Hamdani , the US. Attorney for the Southern district of Texas. They both said that they are committed to protecting the civil rights of Asian Americans, and they acknowledge the potential link between the rise of hate crimes against Asians and the unfortunate portrayal of Asian Americans as being untrustworthy and here to steal intellectual property.Jill Murphy emphasized that the initiative was never intended to harm Asians and reassured us that the FBI takes anti-Asian bias seriously.One objective of the Forum was that it would pave the way for potential collaborations between the FBI and Asian communities and other cities, such as San Francisco. We are very happy to learn that FBI leadership in San Francisco, Robert Tripp , and U.S. Attorney from the Northern District of California, Ismail Ramsey , will be meeting with Asian American community there to hold similar discussions.Another goal of the Forum was to encourage the Government to maintain open lines of communication with the Asian community and advocate better coordination research security efforts.As we have heard from Kei, the White House OSTP is working hard to clarify research security policies for universities, researchers and funding agencies. One of OSTP’s many tasks is to manage the National Science and Technology Council. which is chaired by the President. The OSTP Director, Arati Prabhakar , sits on the President's Cabinet. OSTP works with federal agencies to coordinate the complex funding and research security landscape and reduce the time consuming paperwork and other administrative tasks, many of which simply waste money and researchers’ time.In her annual State of Science talk a week ago, Marcia McNutt , President of the National Academy of Sciences, reminded us that on average, surveys show that researchers spend 40% of their research time, not teaching time, on administrative tasks. And now, with new research security requirements being imposed by Congress, the burden could be even greater.OSTP is the place in the White House that keeps a focus on protecting the U.S. research enterprise while dealing sensibly and seriously with research security that can require pushing back on unhelpful, even damaging actions by Congress and some agencies. The challenge is formidable and exhausting, and it takes time.Regarding the border issues, Dr. Lane suggested that perhaps OSTP could convene meetings with officials of Homeland Security, and Customs and Border Protection in particular, to discuss the problems that some Chinese students are having as they try to re-enter the country.During the George W. Bush administration after 9/11, Jack Marburger was Director of OSTP. The office played a key role in establishing the Science and Technology Directorate of the newly formed Department of Homeland Security.Now might be a good time to renew the partnership between OSTP and Homeland Security. It is not easy. If you look at the organization chart for Homeland Security, you find lots of offices and the directorate and connections between offices of all government organizations can be very difficult. OSTP can perhaps make some of those connections a little easier for the folks who are working very hard within that department.On our part, as concerned Asian, Asian American, and academic and larger science communities, it will require patience and strong support of positive efforts that are underway, such as what Kei described in continuing dialogue with the White House and Federal agencies, including law enforcement.The unprecedented meeting on June 6 was a good start. The job now is to keep the momentum going. Dr. Lane is confident that APA Justice will continue to do its part. A summary for the July 1 APA Justice monthly meeting is being prepared at this time. Watch the June 6 Forum: https://www.youtube.com/watch?v=csqLJo869ZY (1:55:23) Additional reading: 2024/07/04 Science Editorial: American academic freedom is in peril 2024/07/04 Yahoo/Fortune: Washington’s scrutiny of Chinese and Chinese-American scientists is hurting their productivity—and global scientific cooperation 2024/06/27 VOA: Reports of visa checks, deportations worry Chinese STEM students in US 2024/05/30 Baker Institute for Public Policy: An Urgent Call for Clear and Fair Law Enforcement Guidelines and Procedures for Research Security National Academies Roundtable Capstone Workshop Although she was still recovering from COVID, Dr. Karla Hagan, Senior Program Officer and Staff Director of the National Academies Roundtable, gave an update on the Roundtable and the upcoming capstone workshop during the APA Justice monthly meeting on July 1, 2024.The Roundtable was created four years ago under the 2020 National Defense Authorization Act. It brought together the law enforcement and intelligence communities with the research community in academia and industry. The Roundtable held 14 meetings in total, including five regional meetings outside of Washington DC in Maryland, Boston, Chicago, Stanford, and Texas. After four years of work, there will be a capstone workshop on July 16 and 17, 2024. It is a public event open to attendance in person or virtually. A public proceeding will also be published following the event. The Roundtable included members from across academia, government, and industry. It is focused on research security. It was pulled together at a time when law enforcement and academia were farther apart than they are now although there is still a long way to go.The capstone workshop will not only summarize the four years of Roundtable work, including impacts that Federal policies are having and concerns heard from the communities, but also to examine some of the potential next steps.Not too surprisingly, the discussions of the APA Justice monthly meeting are also some of the themes coming out of the Roundtable. All of us are invited to join the capstone workshop. Registration to attend and additional information about the National Academies capstone workshop are posted here: https://bit.ly/3z0PnY7 Dr. Tam Dao Update on Research on Research Security (RoRS) Workshop The National Science Foundation (NSF) launched the Research on Research Security program in 2023. It was inspired by a JASON report on research security. The report raised critical questions such as: What should research security look like? How should it be studied? What areas need a deeper understanding?On May 23 and 24, 2024, Rice University, in partnership with multiple organizations, hosted a groundbreaking global workshop on May 23 and 24, 2024, to explore the emerging field of Research on Research Security (RoRS).During the APA Justice monthly meeting on June 3, 2024, Dr. Tam Dao, Assistant Vice President for Research Security, Office of Research Security, Rice University, provided background information and outlined the workshop's two primary objectives: 1. Identifying Key Areas for Further Understanding : The workshop aimed to pinpoint specific areas within research security that require deeper understanding. The goal was to generate research questions and testable hypotheses to guide NSF’s funding priorities in this field. 2. Building a Community of Practice : NSF also sought to create a community of practice that could pursue these research opportunities once the requests for proposals are issued. NSF emphasized the importance of not only creating a research roadmap but also engaging scientists across various disciplines to apply for grants in this area. For the workshop, Tam and Rice University brought together a diverse group of experts from across the United States and overseas, including participants from Canada, Switzerland, Sweden, Japan, and the United Kingdom. These experts represented fields ranging from STEM to public policy, economics, business, social sciences, and law, offering a broad perspective on research areas needing further exploration.Ideas were collected from the virtual session. They were then bucketed for the in-person workshop.The workshop materials, including notes and videos, were organized into several thematic buckets, with the first focusing on national security and the cross-cutting clusters identified in the JASON report. Key themes included: · Defining the Scope of the Problem : Assessing the true scale and scope of research security issues and determining how to study them effectively. · Data Access : Addressing the challenges of accessing and utilizing relevant data. · Policy and Governance : Examining the impact of policies at individual, institutional, and societal levels. · Risk Assessment in the Research Enterprise : Developing models to assess and quantify risks associated with research activities in face of the challenge of defining and understanding the different perspectives of risk. · International Collaboration : Understanding how policies affect international research collaborations and comparing approaches across different countries. Some hurdles identified included data access, especially when dealing with classified information, and the need for innovative methods to share and analyze sensitive data. The integration of social scientists with experts in hard sciences was seen as crucial for advancing research in this area.One of the biggest challenges is encouraging researchers to engage in this new field. NSF expressed concerns that despite generating research questions, scholars might hesitate to shift their focus to research security due to a lack of familiarity. Therefore, a key message from the workshop was to motivate the scholarly community to pursue these research grants.The workshop’s findings will be compiled into a report for NSF, with a planned delivery by the end of July or early August. NSF is eager to move forward quickly, likely driven by the requirements of the CHIPS and Science Act, which mandates progress in this area.Overall, the workshop marked a significant step toward understanding and improving research security, fostering collaboration among scientists, and addressing the critical challenges identified. A summary for the June 3 APA Justice monthly meeting is being finalized. Read the Rice News report on RoRS: https://bit.ly/45ForsU Anti-Asian Hate Incident with Columbia University Vice President for Communications According to NBC News on June 24, 2024, Ben Chang , Columbia University’s spokesperson and vice president for communications, was on his way to work on June 17 when a man approached him just a few blocks from school, began yelling at him and hit him with a metal water bottle. Chang told NBC News that during the altercation, the man told him to “go back to your f‐‐‐‐‐‐ country” and continued following him for some time after the assault.So far, no arrests have been made, but the New York Police Department (NYPD) said the Hate Crime Task Force was notified about the attack. “It’s important to report what happened both in my own case, but also for overall, trying to make sure this sort of thing doesn’t happen in the future,” Chang said. “I’m born and raised in the D.C. area. My mom grew up in West Virginia. We don’t get much more American and apple pie. And that’s jarring.”Chang, 52, said the confrontation was unprompted, that he didn’t speak to the man or bump into him. As the man yelled at him, Chang said he attempted to ignore him and kept walking, but the man then struck him anyway. Read the NBC News report: https://nbcnews.to/3XLVQ3n . Read the AsAmNews report: https://bit.ly/3XReR4l Stop the Hate Event from San Francisco On June 22, 2024, Chinese Consolidated Benevolent Association organized Stop the Hate event in San Francisco. The event raised awareness on education, awareness, safety, protection and prevention of hate crimes with emphasis on the elderly people, assaults, theft, drugs and homelessness. Police Commissioner Larry Yee served as moderator for the event and the speakers included Mayor London Breed , District Attorney Broke Jenkins and Police Chief Bill Scott . Ding Ding TV served as a media partner on the event and livestreamed it to its audience. Over 100 people watched the event live. Watch a video of the event: https://www.youtube.com/watch?v=IFkXHI7chWQ (1:27:16). News and Activities for the Communities 1. APA Justice Community Calendar Upcoming Events: 2024/07/10 2024 Asian American Voter Survey Press Briefing2024/07/11-12 National AAPI Leadership Summit2024/07/13 APIAVote: Presidential Town Hall, Philadelphia PA2024/07/15 APIAVote: RNC Convention, AAPI Briefing &Reception, Milwaukee, WI2024/07/16-17 National Science, Technology, and Security Roundtable - Capstone2024/07/27-28 Asian American Pioneer Medal Symposium and Ceremony2024/08/04 Rep. Gene Wu's Town Hall Meeting2024/08/05 APA Justice Monthly MeetingThe Community Calendar has moved. Visit https://bit.ly/3XD61qV for event details. 2. 2024 Asian American Voter Survey Press Briefing WHAT: 2024 Asian American Voter Survey Press Briefing WHEN: July 10, 2024, 1:00 pm ET WHERE: Virtual event HOSTS: APIAVote, APIA Data, Asian Americans Advancing Justice - AAJC, AARP DESCRIPTION: Leaders from APIAVote, APIA Data, Asian Americans Advancing Justice - AAJC, and AARP will present findings from their bi-annual Asian American Voter Survey, the longest-running longitudinal survey of AAPI voters. Since 2012, this comprehensive, multilingual survey has revealed what issues matter most to this rapidly growing part of the electorate and how those issues impact their voting habits. REGISTRATION: https://bit.ly/4bD2c8E 3. Asian American Pioneer Medal Symposium and Ceremony WHAT: Asian American Pioneer Medal Symposium and Ceremony WHEN: July 27, 2024, 8:30 am - 9:00 pm PT WHERE: In-person fee event at Stanford Memorial Auditorium, 551 Serra Mall, Stanford, CA 94305 HOST: Asian American Scholar Forum DESCRIPTION: The Inaugural Asian American Pioneer Medal Symposium and Ceremony will honor the transformative contributions by the Asian American pioneers, and will bring together some of the most distinguished minds in the fields of energy, artificial intelligence, life sciences, and leadership. Nobel Prize laureates Steven Chu and Randy Schekman and Turing Award laureate Raj Reddy will deliver keynote speeches and former Stanford president and Turing Award laureate John Hennessy and distinguished industry leader Eric Yuan will engage in fireside chats, providing a unique platform for intellectual exchange and inspiration. The winners of the “Youth Ambassador for Science” competition will also be recognized at the Symposium. REGISTRATION: https://bit.ly/3XLApPN 4. Vince Fong Elected to U.S. Congress According to AP on June 3, 2024, Republican Vince Fong of California was sworn into Congress after winning a special election to complete the remainder of the term of deposed former U.S. House Speaker Kevin McCarthy . Fong was a member of the California State Assembly before running for the House. He was backed by former President Donald Trump and McCarthy. Fong’s swearing-in gives Republicans a 218-213 majority. Read the AP report: https://bit.ly/45TZ8DJ 5. Committee of 100: 2025 Annual Conference and Gala The Committee of 100 will host its next annual conference and gala at Fairmont Century Plaza, Los Angeles, on April 24-26, 2025. Back View PDF July 8, 2024 Previous Newsletter Next Newsletter

Newsletter - #180 5/1 Meeting; Preemption of Real Property Discrimination; Vincent Chin; Cato Report; + #180 5/1 Meeting; Preemption of Real Property Discrimination; Vincent Chin; Cato Report; + In This Issue #180 2023/05/01 APA Justice Monthly Meeting CAPAC Organizational Endorsement Form for Preemption of Real Property Discrimination Act Vincent Chin Institute Launched - Rhetoric Can Result in Harm and Even Murder Cato Institute: Abandoning the US, More Scientists Go to China Activities and News for the Communities 2023/05/01 APA Justice Monthly Meeting The next APA Justice monthly meeting will be held on Monday, May 1, 2023, starting at 1:55 pm ET. Erika L. Moritsugu , Deputy Assistant to the President and Asian American and Pacific Islander Senior Liaison, will deliver a special video from the White House to start the Asian American, Native Hawaiian, and Pacific Islander Heritage Month. Brenna Isman , Director of Academy Studies, National Academy of Public Administration (NAPA), will provide a brief description of the history, mission, and purpose of NAPA, its "Grand Challenges" campaign for public administration, and its Diversity, Equity, Inclusion, and Accessibility (DEIA) efforts and commissioned studies. Paula Williams Madison , Paula Williams Madison, Former Print and TV Journalist, Retired NBCUniversal executive and GE Company Officer, Former Vice President of the Los Angeles Police Commission and owner of The Africa Channel, will provide a recap of the April 17 Roundtable and share the possible next steps for this important work that may have long-lasting impact to the AAPI community and the American society overall.Updates will be provided in the meeting by: Nisha Ramachandran , Executive Director, Congressional Asian Pacific American Caucus (CAPAC); John Yang 杨重远 , President and Executive Director, Advancing Justice | AAJC; and Gisela Kusakawa , Executive Director, Asian American Scholar Forum.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 . CAPAC Organizational Endorsement Form for Preemption of Real Property Discrimination Act The Preemption of Real Property Discrimination Act (draft) is sponsored by Rep. Al Green (TX-9) and co-led by Congressional Asian Pacific American Caucus (CAPAC) Chair Rep. Judy Chu (CA-28). We kindly ask that all organizations who would like to endorse do so by filling out the form here no later than Friday, May 5, 12pm ET. This form is for ORGANIZATIONAL endorsement only.As you may be aware, there are state laws throughout the U.S. that place restrictions on the acquisition or possession of real property in those states by citizens of foreign nations. These laws are often driven by concerns over commercial interests or national security. However, recent legislation introduced in states like Texas, South Carolina, and others include a flat prohibition on the purchase or acquisition of real property by the citizens of a select number of countries – Russia, North Korea, Iran, and China.We have seen policies like this before in our nation’s history – in the 1800s, when anti-Chinese sentiment culminated in the Chinese Exclusion Act of 1882 and the creation of alien land laws, or during World War II when tensions with Japan led to the stripping of land ownership rights from Japanese immigrants and the incarceration of 120,000 Japanese Americans. By refusing individuals from these foreign countries basic property rights, these bills take an unacceptable step toward xenophobia, nationalism, and discrimination. Therefore, the Preemption of Real Property Discrimination Act would do exactly that – preempt at the federal level state laws that would seek to deny foreign citizens the right to acquire real property in the United States. Full text of the bill can be read here: https://bit.ly/3HjM8fG . Fill out the form to endorse the bill here: https://bit.ly/426n97q Please email Scott Bell ( scott.bell@mail.house.gov ), Nisha Ramachandran ( nisha.ramachandran@mail.house.gov ), and Casey Lee ( casey.lee@mail.house.gov ) if you have any questions. Six-City Rally to Protest Florida Senate Bill 264 and House 1355 On April 29, 2023, The Florida Asian American Justice Alliance (FAAJA) and a broad coalition of organizations led a state-wide rally to protest the Senate Bill 264 and House Bill 1355 in Gainesville, Jacksonville, Miami, Orlando, Tallahassee, and Tampa. According to a joint press release , these bills violate the United States Constitution, the Florida State Constitution, the Fair Housing Act, and federal and state regulations that protect civil liberties and equal rights for all immigrants. By preventing Asian and other immigrants from owning real property, these bills unfairly discriminate against a specific group of people based on their national origin.The National Asian Pacific American Bar Association and its regional affiliates issued a statement opposing the Florida bills , so did the United Chinese Americans . An online petition to End AAPI Hate and Discrimination in Florida has collected more than 27,000 signatures.At Orlando, WESH2-TV reported on the event; FCRTV佛州华语广播电视台 provided a livestreaming report (video 1:18:29). Snapshots from the rallies: Vincent Chin Institute Launched - Rhetoric Can Result in Harm and Even Murder According to NBC News on April 26, 2023, and Ethnic Media Services on April 28, 2023, the Vincent Chin Institute was launched on April 26, 2023, at a news conference at the Congressional Triangle in Washington, D.C. joined by Members of Congress Judy Chu , Grace Meng , Mark Takano , the Smithsonian Under Secretary for Education Monique Chism , the Smithsonian Asian Pacific American Center APAC Acting Director Yao-Fen You , and Helen Zia .The launch coincided with the release of the second edition of the Vincent Chin Legacy Guide which is available in Arabic , Bengali , Simplified Chinese , Traditional Chinese , and English . Additional versions in Korean, Spanish, and Vietnamese will reportedly become available. The Legacy Guide was co-written by Helen Zia, which provides further education about the history of anti-Asian discrimination and racism in the United States.Excerpts of the Vincent Chin Legacy Guide recommendations include: Be prepared for anti-Asian incidents Engage your campus, community, church, workplace employee resource groups, social clubs and the like to educate and increase awareness to combat hate toward any people Reach out to local businesses Be a courageous ally Call on national, state and local leaders Support solidarity movements Demand that your state include curriculum about Asian Americans at the K-12 levels Connect the dots. Know your own Asian American stories and those of other marginalized people in America Stay informed Amplify the voices and stories of historically marginalized communities In 1982, the horrific baseball bat beating death of Vincent Chin on the eve of his bachelor party, and the miscarriage of justice that allowed his two white killers to be freed without spending a night in jail, ignited the modern Asian American civil rights movement and built a multiracial, multicultural coalition united for equal justice and human dignity which stands as a landmark of American history.Over 40 years later, Vincent Chin's story remains starkly relevant— especially in an era of sharp anti-Asian racism and Sinophobia. At the time, the economic rivalry between the US and Japan triggered targeted hate against Asian Americans, and was a direct cause of Chin’s death. At the launch, speakers drew parallels between the circumstances of Chin’s death and the anti-Asian racism today that puts all Asian Americans at risk. They highlighted how Chinese Americans are scapegoated for the COVID-19 pandemic; face proposed discriminatory legislation, such as alien land laws and Trump’s "China Initiative;" and are routinely suspected of spying for China. Chu, the first Chinese American woman elected to congress, was also recently accused of being disloyal to the US by Texas Rep. Lance Gooden . These effects, though aimed at Chinese Americans, inevitably affect all Asian Americans. Chin, for instance, was killed in an era of anti-Japanese sentiment — despite being Chinese himself.Speakers contended that learning from the circumstances of Chin’s death is critical to prevent the same hate from threatening AAPI lives. Yet Chin’s story remains underdiscussed: It is rarely taught in schools, and the historical context surrounding it is often missing. Chu, for instance, frequently references Chin’s death when opposing anti-China rhetoric in Congress. Yet, she is consistently met with ignorance from other legislators on his story. "Each time we take on this fight… I talk about what happened to Vincent Chin. Some members of Congress are shocked because they never even heard of story,” said Chu. “Already, Asian Americans have been suffering three years of anti-Asian hate due to Trump calling Covid-19 ‘China virus’ and ‘kung flu,’” she said. “But now, the rhetoric and tension about the U.S.-China relationship comes on top of that, potentially escalating that violence. Today, the focus has shifted to extremists engaging in racial profiling of Chinese Americans.” “Today, over 40 years later, what we learned is that the rhetoric used around economic competition with Asian countries can result in harm and even murder of Asian Americans here at home,” Chu said. Read the Ethnic Media Services report at https://bit.ly/420wCNK . Read the NBC News report at https://nbcnews.to/42am6Ua . Visit the Vincent Chin Institute website at https://www.vincentchin.org/ Cato Institute: Abandoning the US, More Scientists Go to China According to the Cato Institute on April 11, 2023, The Organization for Economic Co‐operation and Development (OECD)—an intergovernmental organization with 38 member countries—has published new data showing that the United States is losing the race for scientific talent to China and other countries. China’s strategy to recruit scientific researchers to work at China‐affiliated universities is working. In 2021, the United States lost published research scientists to other countries, while China gained more than 2,408 scientific authors. This was a remarkable turnaround from as recently as 2017 when the United States picked up 4,292 scientists and China picked up just 116. As Figure 1 shows, the rest of the OECD and China have both surpassed the United States for net inflow of scientific authors. The OECD data are not measuring the movement of non‐Chinese into China or non‐Americans into the United States. The OECD tracks inflows and outflows of published scientific researchers based on changes in institutional affiliation. If an author who was previously affiliated with a different country publishes another article in a new country, the new country will be credited as receiving a new research scientist. The OECD credits more Chinese scientists returning to China for the sudden reversal in Chinese and American inflows. This is a disturbing trend that started before the pandemic. In fact, it appears to coincide with the Trump administration’s “ China Initiative ”—more accurately titled the anti‐ Chinese initiative . Launched in November 2018, the Department of Justice’s campaign was supposed to combat the overblown threat of intellectual property theft and espionage. In reality, it involved repeatedly intimidating institutions that employed scientists of Chinese heritage and attempting malicious failed prosecutions of scientists who worked with institutions in China. U.S. Attorney Andrew E. Lelling has even admitted that the initiative that he helped lead “created a climate of fear among researchers” and now says, “You don’t want people to be scared of collaboration.” If Chinese scientists are afraid to work in the United States, that means that the United States will not benefit from their discoveries as much or as quickly as China will. Although the Justice Department claims to have shut down its “China Initiative,” Cato colleagues doubt that Chinese scientists will be free from unjust scrutiny going forward. The U.S. National Institutes of Health is still bragging about having caused the firings of more than 100 scientists and shutting down research by over 150 scientists— over 80 percent of whom identify as Asian . The administration continues to maintain contrary to evidence that Chinese industrial espionage—by scientists working in the United States—is a significant threat to the country. Universities and U.S. companies think the far greater threat is losing out on talented Chinese researchers. If the United States wants to deal a blow to the Chinese Communist Party, it should start by trying to fix the damage that it has done in the last few years and liberalize immigration from China . Read the Cato Institute blog: https://bit.ly/3AJ9w28 News and Activities for the Communities 1. U.S.-China Scholarly Exchange Initiative A new report by the CSIS Trustee Chair in Chinese Business and Economics recounts a groundbreaking U.S.-China scholarly exchange initiative that occurred during the height of the Covid-19 pandemic. Trustee Chair Scott Kennedy and Professor Wang Jisi of Peking University, founding president of Peking University’s Institute of International Strategic Studies (IISS), argue that although the deterioration in U.S.-China relations pre-dates the mutual physical isolation of the two countries from each other, renewing robust direct communication between the two societies is necessary, if not sufficient, to stabilizing ties. The report documents the goals and planning for their trips, the unique challenge of traveling during the pandemic, and their observations regarding developments within the two societies and with respect to the bilateral relationship. The report concludes by explaining how the reduction in connectivity has led to the creation of echo chambers, which has fed a vicious cycle further propelling the worsening of ties. They offer a set of five policy proposals intended to interrupt this dynamic, including restoring direct connections across the two societies and resuming and expanding dialogue between the two governments. Read the joint report at: https://bit.ly/3AAbguR Preceding their Breaking the Ice report launch, Scott Kennedy and Wang Jisi summarized their report in Foreign Affairs . They write that: "Whether one believes that the United States and China are destined to be adversaries, might somehow find a pathway back to greater cooperation, or will have a more complicated relationship, it should be clear that it would be better for people from both countries—government officials, business leaders, scholars, and ordinary citizens—to have a greater understanding of each other. And there is no better way to build such mutual understanding than through face-to-face interactions and visits in which people can observe each other’s societies and speak at length in formal and informal settings about their perspectives and experiences." Read the Foreign Affairs report: https://fam.ag/3ViNHQH 2 . Charles Lieber Sentenced to Time Served According to AP on April 26, 2023, former Harvard Professor Charles Lieber -- who was found guilty of concealing his affiliation with a Chinese recruitment program as part of the now-defunct "China Initiative" -- was sentenced to time served in prison (two days) and two years of supervised release with six months of home arrest. He has already paid a fine of $50,000 and restitution to the Internal Revenue Service of $33, 600.In December 2021, Lieber was found guilty of concealing his affiliation with the Wuhan University of Technology and his participation in China’s Thousand Talents Program, a program designed by the Chinese government to recruit high-level scientists, and failing to report payments on his taxes.Lieber’s case was one of the most notable to come out of the U.S. Department of Justice’s "China Initiative," started during the Trump administration in 2018 to curb economic espionage from China.Lieber's attorney Marc Mukasey stressed that Lieber was never charged with espionage-related offenses; was never accused of misusing grant money; there was no theft or trade secrets or intellectual property; and he did not disclose any proprietary research to the Chinese government or university.In February 2022 under the current administration, a decision was made to revamp the program and impose a higher bar for prosecutions after a review based on complaints that it compromised the nation’s competitiveness in research and technology and disproportionally targeted researchers of Asian descent. The federal government ended up dismissing multiple cases against researchers or had them thrown out by judges. Anqi Zhang , one of Lieber’s former doctoral students who is now doing post-doctoral work in chemical engineering at Stanford University, thinks her mentor’s motives have been misrepresented by the government. “He’s the best scientist and the best mentor in the world,” she said. “He’s a pure scientist, he worked very hard, and was focused completely on the science.”Read the AP report at: https://bit.ly/3oNTxND While making false statements to federal agents should not be excused, Professor Xiaoxing Xi of Temple University pointed out in his lecture to Iowa State University (video 58:52) on April 10, 2023, that the investigation of Professor Lieber started because there were "too many Chinese students in his lab." (time mark 22:24)According to Chemistry World on April 27, 2023, as a nanoscience pioneer, Lieber and his research group had received more than $15 million in grants from the US National Institutes of Health (NIH) and Department of Defense. Over his career, Lieber published more than 400 research papers, and he was the principal inventor on more than 50 patents. Lieber’s contributions to nanotechnology also earned him the Wolf Prize in Chemistry in 2012.Dozens of prominent scientists including many Nobel laureates spoke up for Lieber in a March 2021 open letter . They called the DOJ’s case against him "unjust" and urged the agency to drop it. Their letter also described Lieber as "one of the great scientists of his generation" and warned that government actions against academic like him are having "a chilling effect" on international scientific collaboration.Lieber, who is living with advanced lymphoma and had been on paid administrative leave since his arrest, officially retired in February with little fanfare. Read the Chemistry World Explainer at https://bit.ly/3oUU9kR . Read the APA Justice webpage on Charlie Lieber at https://bit.ly/328FTJP 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 April 30, 2023 Previous Newsletter Next Newsletter

Newsletter - #54 Comments To NIH; 04/05 Meeting Summary; "We Belong" Yellow Whistle Project #54 Comments To NIH; 04/05 Meeting Summary; "We Belong" Yellow Whistle Project Back View PDF April 12, 2021 Previous Newsletter Next Newsletter

Newsletter - #222 12/04 Monthly Meeting; PNAS Opinion; Upcoming Activities; ACP Conference and Retreat + #222 12/04 Monthly Meeting; PNAS Opinion; Upcoming Activities; ACP Conference and Retreat + In This Issue #222 · 2023/12/04 APA Justice Monthly Meeting · PNAS Opinion: The High Price of Overzealously Defending The US Research Enterprise Against Theft by China · Upcoming Activities: The Role of Chinese Students and The Repeal of The Chinese Exclusion Act · ACP Conference and Community Leadership Retreat in Dallas · News and Activities for the Communities 2023/12/04 APA Justice Monthly Meeting The next APA Justice monthly meeting will be held via Zoom on Monday, December 4, 2023, starting at 1:55 pm ET. In addition to updates by Nisha Ramachandran , Executive Director, Congressional Asian Pacific American Caucus (CAPAC); Joanna Derman , Director, Advancing Justice | AAJC; Gisela Perez Kusakawa , Executive Director, Asian American Scholar Forum (AASF), confirmed speakers include: · Matt Jones , Partner, WilmerHale LLP. Matt represents Dr. Yanping Chen 陈燕平 , a naturalized U.S, citizen and founder of the University of Management and Technology in Arlington, Virginia. She was a cardiologist and medical researcher with the astronaut program in China prior to coming to the U.S. to study in 1987. In 2010, Dr. Chen became the focus of an 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 leaked to Fox News in or around 2017. On December 21, 2018, Dr. Chen filed a privacy lawsuit against the federal government. After several years of motion and discovery, the leaked reports are traced back to former Fox News reporter and now CBS News reporter Catherine Herridge . For months, Fox News and Herridge argued that they are protected under the First Amendment and free press. In August 2023, the presiding judge ruled "... Chen’s need for the requested evidence overcomes Herridge’s qualified First Amendment privilege in this case." Matt spoke about Dr. Chen's case at the November 2022 APA Justice monthly meeting . He will give us an update on the latest development. · Michael Bloch , Partner, Bloch and White LLP. Michael represents Baimadajie Angwang 昂旺 , an ethnic Tibetan from China who served in Afghanistan as a U.S. marine and later joined the New York Police Department (NYPD) as an officer. He is a naturalized U.S. citizen. Angwang was arrested in September 2020, charged with acting as an illegal agent of the Chinese government under the now-defunct "China Initiative." He was jailed pre-trial for six months in the midst of the COVID-19 pandemic. All the charges against Angwang were dropped in January 2023. U.S. prosecutors said they uncovered new information that warranted the dismissal. Angwang was reportedly surveilled under Section 702 of FISA. Despite the dismissal of all charges, Angwang faced an administrative trial conducted by NYPD in September 2023 for failing to attend a 5-day, 1,700-questions investigative hearing. The trial may result in the termination of Angwang's employment with NYPD. Michael will give us an update on Angwang's case. A Q&A and discussion session will follow the reports by Matt Jones and Michael Bloch. Discussants include: · Bethany Li , (confirmed) Legal Director, Asian American Legal Defense and Education Fund (AALDEF) · Paula Madison 罗笑娜 (confirmed), Retired, NBCUniversal Executive; Entrepreneur; Journalist · Brian Sun 孙自华 (confirmed), Partner, Norton Rose Fulbright US LLP · Helen Zia 谢汉兰 (confirmed), Activist, Author, and Former Journalist · Patrick Toomey/Ashley Gorski (invited), National Security Project, ACLU Brian Sun was part of the legal team representing Dr. Wen Ho Lee 李文和 in the criminal trial in 2000. Brian later represented Dr. Lee and won a settlement in a civil lawsuit when Dr. Lee sued the government under the Privacy Act in 2006. Helen Zia co-authored with Dr. Lee and published a book titled " My Country Versus Me " in 2002.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 PNAS Opinion: The High Price of Overzealously Defending The US Research Enterprise Against Theft by China On November 22, 2023, The Proceedings of the National Academy of Sciences of the United States of America (PNAS) published an opinion by Stanford University physics professors Steven A, Kivelson and Peter F. Michelson . According to the opinion, the US government—reflecting rare bipartisan consensus—has, of late, undertaken increasingly expansive and intrusive actions to stem the illicit flow of proprietary secrets and intellectual property to China. These actions also aim to reduce the benefits that accrue to China from expertise acquired by Chinese scholars and students during visits or extended stays in the United States. Underlying this consensus is evidence that China is stealing valuable proprietary information from the United States, characterized by FBI Director Christopher Wray as “a whole of society effort to steal from the United States” Although these government actions are well-intentioned, significant harm has resulted. The benefits to the United States from the influx of talented Chinese students, immigrant scientists, and visiting scholars to our universities have largely been ignored or poorly understood by policymakers. Numerous examples highlight the importance for the United States of welcoming talent from around the world, but most particularly from China. Understanding the implications of these examples underscores just how much we lose by enacting Draconian measures to stop Chinese scientists from coming to the United States.Many of the concerns focused on intellectual property theft, economic competitiveness, and advancing military capabilities—extensively discussed in numerous articles and policy papers —are well founded. However, as professors of physics pursuing basic research, we argue that government must take into account the serious costs of restrictive US policies—adopted or proposed—that are seen as responses to these threats, particularly as they relate to fundamental scientific research at US universities.Read the PNAS opinion: https://bit.ly/3sOrq3s Upcoming Activities: The Role of Chinese Students and The Repeal of The Chinese Exclusion Act 1. Webinar: The Role of Chinese Students in America: A Conversation with Former Students from China On December 5, 2023, The US-China Education Trust, the Carter Center, and the US Heartland China Association will host a webinar on "The Role of Chinese Students in America: A Conversation with Former Students from China." WHAT: Webinar "The Role of Chinese Students in America: A Conversation with Former Students from China"WHEN: December 5, 2023, 6:30 - 9:00 pm ETDESCRIPTION: As Chinese international students have become a focal point of rising U.S.-China tensions, some Americans contend that the risks of educating students from China outweigh the benefits. The voices of those who have lived the Chinese student experience in America are essential to this debate, yet often overlooked. To add this personal perspective, USCET has assembled a panel of former Chinese students, all now successful Americans making significant contributions in their chosen fields.MODERATOR: Madelyn Ross , President, US-China Education Trust PANELISTS: · Min Fan, Executive Director, United States Heartland China Association · Dawn Li, educator, entrepreneur, and writer · Yawei Liu, senior advisor for China at The Carter Center and a member of the Council on Foreign Relations · Yi Zheng, tenured professor in the Department of Mechanical and Industrial Engineering and Director of the Nano Energy Laboratory at Northeastern University in Boston, and founder of the cleantech start-up, Planck Energies. REGISTRATION: https://bit.ly/47sjeow 2. In-Person Event: We Are Americans On December 6, 2023, a coalition of organizations led by the 1882 Foundation will host an in-person event "We are Americans" to commemorate the 80th anniversary of the repeal of the Chinese Exclusion Act and the 125th anniversary of the Supreme Court decision on birthright citizenship. WHAT: In-person Reception and Lecture on "We are Americans" WHEN: December 6, 2023, 2:30 - 5:00 pm ET LOCATION: Library of Congress, Thomas Jefferson Building, 10 First Street SE, Washington DC, 20003 DESCRIPTION: A reception and a lecture to commemorate the 80th anniversary of the repeal of the Chinese Exclusion Act and the 125th anniversary of the Supreme Court decision on birthright citizenship. SPECIAL REMARKS: Judy Chu , Member, U.S, House of Representatives LECTURER: Martin Gold, Counsel to The 1882 Project HOSTS: The 1882 Foundation, CACA, UCA, OCA, and JACL REGISTRATION : https://bit.ly/3Gibn10 ACP Conference and Community Leadership Retreat in Dallas On November 11, 2023, the Association of Chinese Professionals Foundation (ACP) celebrated its 30th anniversary at its annual MetroCon conference and gala in Dallas, Texas. The conference included a session on "Critical Issues Facing Chinese Americans Today." The panelists were Gene Wu , Texas State Representative; Haipei Shue , President of United Chinese Americans (UCA); Echo King , President of Florida Asian American Justice Alliance (FAAJA); and Steven Pei , Professor of University of Houston. Cindy Tsai , Interim President and Executive Director of the Committee of 100, was keynote speaker at the gala.A community leadership retreat was held the next day on November 12, 2023. News and Activities for the Communities 1. APA Justice Community Calendar Upcoming Events: 2023/12/03 Rep. Gene Wu 's Weekly town hall meeting2023/12/04 APA Justice monthly meeting 2023/12/05 The Role of Chinese Students in America2023/12/06 1882 Foundation Lecture and Reception: We are Americans 2023/12/10 Rep. Gene Wu 's Weekly town hall meeting2023/12/12 Community Briefing on Section 7022023/12/17 Rep. Gene Wu 's Weekly town hall meetingVisit https://bit.ly/45KGyga for event details. 2. NPR Report on GOP Plan to Revive Citizenship Question According to NPR , a coalition of conservative groups is preparing for a chance to shape the country's next set of census results in case a Republican president returns to the White House in 2025. Their playbook includes reviving a failed push for a citizenship question and other Trump-era moves that threaten the accuracy of the 2030 national head count. The plan also calls for aligning the mission of the government agency in charge of the next tally of the country's residents with "conservative principles." Many census watchers, including a former top Trump administration official, tell NPR they find this position particularly alarming. The policy proposals — led by The Heritage Foundation, a Washington, D.C.-based think tank — are part of a broader "Project 2025" plan for dismantling aspects of the U.S. government. Back View PDF November 27, 2023 Previous Newsletter Next Newsletter

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 - #313 Amb. Gary Locke; 3/4 Webinar; FL SB 846 Injunction; NIH Turmoil/Fed Data Integrity; + #313 Amb. Gary Locke; 3/4 Webinar; FL SB 846 Injunction; NIH Turmoil/Fed Data Integrity; + In This Issue #313 · Remarks by Ambassador/Secretary/Governor Gary Locke · NFHA Updates; 03/04 Webinar on Alien Land Laws Opens · Temporary Injunction Against Florida Discriminatory Law SB846 · NIH in Turmoil; Federal Data Integrity Threatened · News and Activities for the Communities Remarks by Ambassador/Secretary/Governor Gary Locke Gary Locke 骆家辉 is Chair of the Committee of 100, former U/S. Ambassador to China, former U.S. Secretary of Commerce, and former Governor of the state of Washington. During the APA Justice monthly meeting on February 3, 2025, Ambassador/Secretary/Governor Locke expresses deep concern over the increasing challenges faced by the Asian American community, particularly Chinese Americans, under the current political climate. The worsening U.S.-China relationship has fueled harmful rhetoric, reminiscent of the first Trump administration, with terms like "Wuhan virus" and "Kung flu" leading to a surge in anti-Asian violence. While the U.S. may have legitimate policy disputes with China, Gary emphasizes that such conflicts should not extend to Chinese Americans, who have made significant contributions to the nation for centuries. From building the transcontinental railroad to serving in the military, Chinese Americans have long played an integral role in shaping the country.Despite these contributions, Chinese Americans continue to be treated as perpetual foreigners and unfairly associated with the Chinese government. The Trump administration’s “China Initiative,” which targeted Chinese American scientists under the guise of national security concerns, reinforced harmful stereotypes and subjected many to wrongful prosecution. Although the Biden administration sought to focus on restricting high-tech exports to China for security reasons, Trump’s recent policies suggest a return to broad anti-China rhetoric that unfairly affects Chinese Americans. This includes policies such as banning diversity, equity, and inclusion (DEI) programs, suspending foreign aid, and halting humanitarian relief efforts.Economic policies under Trump are also raising concerns, particularly the reintroduction of tariffs on goods from Canada, Mexico, and China. While Trump claims these tariffs will hold foreign governments accountable, in reality, they function as a tax on American businesses and consumers. Companies like Costco, Target, and Macy’s are forced to absorb these costs, which are then passed on to everyday Americans. Gary highlights that nearly 60% of all shoes sold in the U.S. are imported from China, meaning the financial burden of tariffs disproportionately affects consumers and small businesses. The uncertainty surrounding these economic policies only adds to the challenges faced by Asian American communities. In addition to economic pressures, there is a troubling resurgence of discriminatory policies at the state level. Many states are now passing laws restricting land ownership by Chinese nationals, a clear throwback to the alien land laws of the early 20th century, which were designed to prevent Asian immigrants from owning property. Coupled with new restrictions on immigration, these policies evoke the era of the Chinese Exclusion Act, reinforcing systemic barriers against Chinese Americans. Gary warns that such actions represent a dangerous regression in civil rights, undermining decades of progress toward equality and inclusion.Given these mounting challenges, Gary calls for stronger, more explicit support from government leaders. Elected officials, from governors to members of Congress, must send a clear message that policy disagreements with China do not justify discrimination against Chinese Americans. The community should not have to bear the consequences of geopolitical conflicts between the U.S. and China. Gary stresses that public figures must actively reject xenophobic narratives and affirm the invaluable contributions of Asian Americans across all sectors of society.To combat these growing threats, Gary urges increased vigilance, organization, and collaboration among advocacy groups. Despite past achievements, the fight for equality is far from over, and Asian Americans cannot afford complacency. Gary commends APA Justice for its efforts in documenting and addressing these injustices, emphasizing the need for a unified, strategic approach to advocacy. Without coordination and collective action, the Asian American community risks being marginalized and targeted once again. By working together, organizations can strengthen their influence and ensure that the rights and dignity of Asian Americans are protected. A summary of the February 2025 APA Justice monthly meeting is being prepared at this time. For past monthly meeting summaries, visit https://bit.ly/4hyOV4i NFHA Updates; 03/04 Webinar on Alien Land Laws Opens During the APA Justice monthly meeting on February 3, 2025, Scott Chang , Senior Counsel of National Fair Housing Alliance (NFHA), provided an update on the lawsuit National Fair Housing Alliance, Inc. v. Secretary of Commerce (1:24-cv-21749) , which challenges Florida’s SB 264, a law restricting property ownership by individuals from China and six other countries. Filed in May 2024, the lawsuit alleges that SB 264 violates the Fair Housing Act by discriminating on the basis of national origin. Unlike Shen v. Simpson, which focuses on constitutional arguments, this lawsuit emphasizes how SB 264 disproportionately affects individuals from targeted countries and was enacted with discriminatory intent, as evidenced by Governor DeSantis’s statements.NFHA filed the lawsuit in the Southern District of Florida. It was joined by the Asian Real Estate Association of America (AREAA), two Florida-based fair housing organizations, and an Asian American-owned real estate company. The plaintiffs are represented by civil rights law firms and advocacy groups, including the Asian American Justice Center. Florida officials initially sought to transfer the case to the Northern District, where Shen v. Simpson is being heard, but the judge denied the request. However, the case has been stayed pending the Eleventh Circuit’s decision in Shen v. Simpson.Scott highlighted the broader implications of SB 264, emphasizing that such restrictive land ownership laws reflect a troubling trend of targeting immigrant communities, particularly those of Asian descent. The lawsuit aims to set a legal precedent to prevent similar discriminatory policies from undermining fair housing protections across the United States.Civil rights groups are closely monitoring similar legislative efforts in other states, assessing potential legal challenges. Scott reiterated the importance of holding lawmakers accountable for policies that perpetuate discrimination and reaffirmed the commitment of advocacy organizations to ensuring housing equity and protecting the rights of immigrant communities.On March 4, 2025, Scott will continue the discussion as a speaker at a webinar co-hosted by the Committee of 100 and APA Justice: WHAT: Fair Housing Rights & Alien Land Laws: Challenges and Advocacy for the Asian American Community WHEN: March 4, 2025, 4:00 pm - 5:00 pm ET WHERE: Webinar HOST: Committee of 100 and APA Justice Opening Remarks: Cindy Tsai, Interim President, Committee of 100 Moderator: John D. Trasviña, Former Assistant Secretary of the Office of Fair Housing and Equal Opportunity, U.S. Department of Housing and Urban Development Panelists: · Hope Atuel , CEO/Executive Director, Asian Real Estate Association of America (AREAA) · Scott Chang , Senior Counsel, The National Fair Housing Alliance (NFHA) Closing Remarks: Jeremy Wu, Founder and Co-Organizer, APA Justice DESCRIPTION: With new laws limiting property ownership based on nationality, real estate professionals and advocates are stepping up to challenge these discriminatory policies. This webinar will provide critical insights into how these restrictions are reshaping the housing landscape and what we can do to fight back. What you will learn: · Your Rights Under the Fair Housing Act – Understand the legal protections in place to combat discrimination. · How These Laws Affect Asian Homebuyers & Real Estate Professionals – Hear real-world impacts from industry experts. · Community & Legal Advocacy in Action – Learn how grassroots efforts and legal challenges are pushing back and how you can get involved. Stay ahead of these evolving legal challenges by exploring Committee of 100’s interactive map , which tracks ongoing land ownership exclusion laws, and APA Justice’s Alien Land Bills webpage , where you will find the latest updates on lawsuits and policy developments. REGISTRATION: https://bit.ly/3EOqGke Temporary Injunction Against Florida Discriminatory Law SB846 On February 11, 2025, the Chinese American Legal Defense Alliance (CALDA) 华美维权同盟 announced that a federal magistrate judge in the U.S. District Court for the Southern District of Florida has issued a recommendation stating that SB 846 likely violates the U.S. Constitution and should be temporarily blocked. Florida SB 846 is a state law that restricts public universities and colleges from employing Chinese students, scholars, and researchers, citing national security concerns. SB846 fosters discrimination against Asian American communities, undermines academic freedom, and hampers scientific progress. This is a significant step forward in the lawsuit Yin v. Diaz (1:24-cv-21129) filed by CALDA, the ACLU, and Perkins Coie on behalf of Chinese students and a professor. The district judge will make the final decision in the coming weeks, and in most cases, such recommendations are upheld. The enforcement of SB 846 has already harmed Chinese students, some of whom lost research and teaching positions, had their projects canceled, or were forced to leave their programs. Asian Pacific American (APA) organizations led by the Asian American Scholar Forum, United Chinese Americans (UCA), Asian Americans Advancing Justice | AAJC, and APA Justice have been actively opposing Florida's SB 846 by making public statements and advocacy, supporting the lawsuit challenging the constitutionality of SB846, organizing protests and rallies, and providing resources and explainers to inform the public and mobilizing community action and support. Local organizations such as the Florida Chinese Faculty Association, Graduate Assistants United, The United Faculty of Florida, and University of Florida's Student Senate are among many local groups that have been active and engaged. These concerted efforts strive to combat SB 846, protect the rights of Asian American communities, and promote equitable academic and professional environments.Read the CALDA announcement in Chinese: https://bit.ly/40UZ0l9 . Read the recommendation Order: https://bit.ly/42UDArg. Attorney Clay Zhu 朱可亮律师 , Co-Founder of CALDA, will give an update at the APA Justice monthly meeting on March 3, 2025. NIH in Turmoil; Federal Data Integrity Threatened As of February 16, 2025, the number of lawsuits against President Donald Trump's executive actions reported by the Just Security Litigation Tracker has grown to 74. Dr. Lawrence A. Tabak , the number 2 official as the Principal Deputy Director at the National Institutes of Health (NIH), abruptly resigned and retired on February 11, 2025. Dr. Michael Lauer , deputy director of the National Institutes of Health’s extramural research, announced his departure the next day,On February 10, 2025, twenty-two (22) state attorneys general filed a lawsuit, Commonwealth of Massachusetts v. National Institutes of Health (1:25-cv-10338) , against the Trump administration plan to limit how it pays universities and research institutes for “indirect costs” to 15%. According to NBC News , “ This agency action will result in layoffs, suspension of clinical trials, disruption of ongoing research programs, and laboratory closures,” the lawsuit says. “NIH’s extraordinary attempt to disrupt all existing and future grants not only poses an immediate threat to the nation’s research infrastructure, but will also have a long-lasting impact on its research capabilities and its ability to provide life-saving breakthroughs in scientific research.” On February 14, 2025, U.S. District Court Judge Angel Kelley , a U.S. district judge, granted the attorneys generals' request for a temporary restraining order, ordering the agencies not to take any steps to implement, apply or enforce the new policy. Judge Kelley set an in-person hearing for February 21.Two additional lawsuits have been filed at the U.S. District Court in Massachusetts against the NIH plan - Association of American Universities v. Department of Health & Human Services (1:25-cv-10346) and Association of American Medical Colleges v. National Institutes of Health (1:25-cv-10340) On January 30, 2025, U.S. Census Bureau Director Dr. Robert Santos announced his resignation mid-way through his five-year term. He was sworn in as the bureau’s 26th director, and its first Hispanic leader, in 2022. His last day was February 14, 2025. According to NPR on February 12, 2025, the Census Bureau removed access to key data following President Trump's executive order targeting gender identity, raising concerns over political interference and data censorship. The order, issued on January 20, led to a temporary shutdown of the bureau’s website and the removal of webpages related to research on gender identity and sexual orientation. Federal agencies, including the Census Bureau, were directed to eliminate materials promoting “gender ideology,” a term often used by opponents of transgender rights. This abrupt action disrupted public access to critical demographic data, hindered internal operations, and left employees unable to access essential platforms. Despite public outcry, the bureau has yet to provide an official explanation, fueling concerns about the integrity and independence of federal data collection.In response, over 230 organizations, led by the Council of Professional Associations on Federal Statistics (COPAFS), the American Statistical Association, and the Population Association of America, issued a letter urging Congress to "demand the complete restoration of any federal data that have been removed" and work with the administration to "prevent any future purge or removal of data from federal agency websites and portals." Read the COPAFS letter on Protecting Public Access to Federal Data: https://bit.ly/41h0BTJ Advocates warn that suppressing data on gender identity effectively erases LGBTQ+ populations and undermines civil rights protections, including efforts to combat hate crimes. Experts argue that decades of research into measuring gender identity could be lost, reversing progress made in ensuring accurate representation in federal statistics. Lawmakers, including Democratic Representatives Mark Takano , Jamie Raskin , and Gerry Connolly , have called for an immediate halt to the executive order’s implementation, emphasizing the importance of recognizing transgender individuals in government data. Researchers and librarians have begun independent efforts to preserve the missing data, but concerns remain that the government’s actions set a dangerous precedent for political interference in public information. Experts also warn that the outright deletion of government records could have legal ramifications, as the destruction of certain federal data may constitute a criminal offense. News and Activities for the Communities 1. APA Justice Community Calendar Upcoming Events: 2025/02/18 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 Meeting2025/03/04 Fair Housing Rights & Alien Land Laws: Challenges and Advocacy for the Asian American Community2025/03/12 MSU Webinar on China Initiative2025/03/16 Rep. Gene Wu's Town Hall Meeting2025/03/30 Rep. Gene Wu's Town Hall Meeting2025/04/07 APA Justice Monthly MeetingVisit https://bit.ly/3XD61qV for event details. 2. Lunar New Year Celebrations in San Francisco San Francisco’s Chinese New Year parade drew massive crowds on February 15, 2025, reinforcing its status as a premier celebration in the Bay Area Asian community, according to AsAmNews , KTVU-2 , San Francisco Standard , and multiple media reports. Acclaimed Chinese American actress and longtime San Francisco resident Joan Chen served as grand marshal, kicking off the festivities at sunset by lighting firecrackers at Union Square. The parade featured nearly 100 floats and performance groups, including an enormous dragon carried by approximately 110 people, not including side support.Newly elected Mayor Daniel Lurie participated as honorary grand marshal, and the parade stretched roughly one mile. "Welcome to the best Lunar New Year parade outside of Asia," declared San Francisco City Attorney David Chiu . "The oldest, most historic, and most amazing Chinatown in the United States is right here in San Francisco!" # # # 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 17, 2025 Previous Newsletter Next Newsletter

Legislative Alert Victims Federal Agencies Congress Media Watch Legislative Alert H.R. 3038 Securing American Science and Technology Act of 2019 was introduced by Rep. Mikie Sherrill (D-NJ) on May 30, 2019. It has 33 bipartisan co-sponsors (17 D and 16 R). According to Science , this bill has been folded into H.R. 2500 National Defense Authorization Act for Fiscal Year 2020 (NDAA), which passed the House with a 220 - 197 margin on July 12. The Senate version of the NDAA, S. 1790 passed earlier on June 27, 2019 with a margin 86-8 . Its difference with the House will be resolved in conference. S. 2133 Secure American Research Act of 2019 was introduced by Sen. John Cornyn (R-TX) on July 16, 2019. It has 7 co-sponsors (4 R and 3 D). H.R. 2133 and H.R. 2500 are listed as related bills. Section 2.(3).F of S. 2133 reads as follows: "(F) develop and ensure the implementation of a means for Federal agencies listed in paragraph (2)(A) to aggregate and share Federal agency information regarding completed investigations of researchers that were determined to be knowingly fraudulent in disclosure of foreign interests, investments, or involvement relating to Federal research, which shall-- (i) be shared among agencies listed in paragraph (2)(A); (ii) not be made available to the public; and (iii) not be subject to the requirements of section 552 of title 5, United States Code (commonly known as the “Freedom of Information Act”);" "Malign Foriegn Government Talent Recruitment Program" The Bipartisan Innovation Act is the bill merging the House's America COMPETES Act and the Senate's USICA. On April 6, 2022, the White House announced a bipartisan and bicameral Congressional briefing to discuss the urgent need to invest in made-in-America semiconductors as well as research and development that will protect our economic and national security: https://bit.ly/3rhJtea . The America COMPETES bill was passed by the House on February 4, 2022. It has 3,610 pages: https://bit.ly/3vlzeXL . Pages 670-674 covers Subtitle E—Malign Foreign Talent Recruitment Program Prohibition and SEC. 10651. Malign Foreign Talent Recruitment Program Prohibition. The Senate passed its revised USICA on March 28, 2022. That bill has 2,326 pages: https://bit.ly/3M32KIh . Pages 263-267 covers Section 2303. Foreign Government Talent Recruitment Program Prohibition. Where APA Justice keeps an eye on individual and group victims, selected legislative bills and actions, federal policies and practices, and media reports and bias that may enable racial profiling and adversely impact the Asian American community Explore Watchlist WATCHLIST

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

On June 17, 2021, APA Justice sent a letter urging the Biden-Harris Administration to respond to the standing FOIA requests and publicize the justification for the continuation of the "China Initiative." June 17, 2021 On June 17, 2021, APA Justice sent a letter to Erika Moritsugu, Deputy Assistant to the President and Asian American and Pacific Islander Senior Liaison at the White House, urging the Biden-Harris Administration to respond to the standing Congressional and Freedom of Information (FOIA) requests and provide full data and information publicly to justify the continuation of the "China Initiative" and related racial profiling policies and practices. In summary, without further delay, we respectfully request the Biden-Harris administration to: Release the data and information requested by Reps. Jamie Raskin and Judy Chu and Senator Roger Wicker for Congressional oversight and the public. Publish the 2017-2020 opinions of the Office of Legal Counsel at the Department of Justice as it has done annually since 1977. Release the data and information requested by Advancing Justice | AAJC, American Civil Liberties Union, and the Cato Institute under the Freedom of Information Act (FOIA). letter2moritsugu_20210618 .pdf Download PDF • 167KB On June 17, 2021, APA Justice sent a letter urging the Biden-Harris Administration to respond to the standing FOIA requests and publicize the justification for the continuation of the "China Initiative." Previous Next Letter to The White House Calling for Response to Inquiries

Newsletter - #263 Return of Anming Hu; AAJC on Land Laws; Spying on USPS Mail; Vincent Chin's Legacy; + #263 Return of Anming Hu; AAJC on Land Laws; Spying on USPS Mail; Vincent Chin's Legacy; + In This Issue #263 · The Return of Exonerated Professor Anming Hu · Advancing Justice | AAJC Speaks Up on Discriminatory Land Laws · WP : Law Enforcement is Spying on Thousands of Americans' Mail · FBI Released 602 Pages of Its Vincent Chin Files · News and Activities for the Communities The next APA Justice monthly meeting will be held via Zoom today, July 1, 2024, starting at 1:55 pm ET. In addition to Nisha Ramachandran , Joanna YangQing Derman , and Gisela Perez Kusakawa . confirmed invited speakers include Neal Lane , Kei Koizumi , Xiaoxing Xi , and Karla Hagan . Please register to attend. 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 . The Return of Exonerated Professor Anming Hu Professor Anming Hu returned and spoke at the APA Justice monthly meeting on June 3, 2024. It has been almost three years since he was fully acquitted of all charges against him under the now-defunct China Initiative.Professor Hu was born in China, a naturalized Canadian citizen, and Professor of Mechanical, Aerospace and Biomedical Engineering at the University of Tennessee, Knoxville (UTK).On February 27, 2020, the Department of Justice (DOJ) announced the indictment of Professor Hu. He was the second China Initiative case involving a U.S. university professor of Asian ancestry. He was charged with three counts each of wire fraud and making false statements, but not espionage. The charges stemmed from his purported failure to disclose affiliations with a Chinese university while receiving funding from the National Aeronautics and Space Administration (NASA).At the time of his arrest, he was a tenured professor. After his arrest, UTK suspended him without pay and then terminated his employment on October 8, 2020.Professor Hu was the first academic to go to trial under the China Initiative. A mistrial was declared on June 16, 2021, after the jury deadlocked. On September 9, 2021, Judge Thomas Varlan acquitted Professor Hu of all charges in his indictment. “The government has failed to provide sufficient evidence from which any rational jury could find, beyond a reasonable doubt, that defendant had specific intent to defraud NASA by hiding his affiliation with BJUT [Beijing University of Technology] from UTK," the judge wrote.On October 14, 2021, UTK offered to reinstate Professor Hu. On February 1, 2022, Professor Hu returned to his laboratory. During the APA Justice monthly meeting on June 6, 2024, Professor Hu provided updates on his situation and his family's well being since his return to UTK. He expressed gratitude to his attorney Phil Lomonaco , members of the UTK Faculty Senate, Congressional representatives, CAPAC, and various Asian American justice organizations for their support.Professor Hu spent a year rebuilding his lab with startup support from the university's leadership. He acquired new equipment and repaired old, damaged devices. Despite recovering about 95% of his equipment, nearly 50% were malfunctioning and 30% were completely damaged.With help from collaborators, two of his PhD students graduated in 2022 and 2023.Professor Hu focused on applying for external funds and hiring new students. He secured one federal and one industrial fund, enabling him to hire one new PhD student and two undergraduates. However, his lab size is still only about 30% of its previous capacity, and it may take another one to two years to fully recover.The wrongful prosecution caused significant mental and physical harm to his family. They continue to struggle with sleep issues and anxiety, and Professor Hu sometimes needs medication to sleep. His wife still becomes anxious when receiving phone calls in the afternoon, a reminder of the day Professor Hu was arrested.In the past two years, the family has shared their experience with colleagues, friends, and church groups. Professor Hu also participated in panel discussions on the China Initiative and civil rights. Despite his reinstatement, the US government continued to falsely accuse him of being part of China's Thousand Talents Program. With support from lawyers and Congressional representatives Judy Chu , Ted Lieu , and Jamie Raskin , his U.S. permanent residency was approved in March 2024. Recently, his older son's green card was also approved.A summary for the June 3 APA Justice monthly meeting is being prepared at this time. APA Justice has compiled Professor Hu's story as an impacted scientist under the China Initiative. It is posted for beta review for its content, navigation, and links at https://bit.ly/44V5tOG . Please send your comments and feedback to contact@apajustice.org . Advancing Justice | AAJC Speaks Up on Discriminatory Land Laws During the APA Justice monthly meeting on June 3, 2024, Joanna YangQing Derman , Director, Anti-Profiling, Civil Rights & National Security Program, Advancing Justice | AAJC, reported that John Yang , President and Executive Director of AAJC, testified before the Texas Senate State Affairs Committee on May 29. The hearing addressed three interim charges or topics, one of which was foreign investment in Texas land. John Yang emphasized AAJC’s deep concern about the resurgence of discriminatory land laws under the guise of national security. He underscored the historical context of AAPI discrimination and called for robust research to accurately identify the issues these land laws aim to address. John successfully countered harmful and overbroad anti-China rhetoric that conflates Chinese individuals with the Chinese government. Overall, it was a successful testimony, with special credit to Asian Texans for Justice (ATJ) for facilitating the opportunity and playing a critical role in coordinating the response. John Yang’s written testimony is posted here: https://bit.ly/3zkxgwe . A summary for the June 3 APA Justice monthly meeting is being prepared at this time. WP : Law Enforcement is Spying on Thousands of Americans' Mail According to the Washington Post on June 24, 2024, · The U.S. Postal Service shares mail data with law enforcement without warrants. · More than 60,000 requests have been received since 2015, with a 97% acceptance rate. · A group of senators want judicial oversight, but the chief inspector declined to change the policy. The U.S. Postal Service has shared information from thousands of Americans’ letters and packages with law enforcement every year for the past decade, conveying the names, addresses and other details from the outside of boxes and envelopes without requiring a court order.Postal inspectors say they fulfill such requests only when mail monitoring can help find a fugitive or investigate a crime. But a decade’s worth of records, provided exclusively to The Washington Post in response to a congressional probe, show Postal Service officials have received more than 60,000 requests from federal agents and police officers since 2015, and that they rarely say no.Each request can cover days or weeks of mail sent to or from a person or address, and 97 percent of the requests were approved, according to the data. Postal inspectors recorded more than 312,000 letters and packages between 2015 and 2023, the records show.The IRS, FBI and the Department of Homeland Security were among the top requesters. In a letter in May 2023, a group of eight senators, including Ron Wyden (D-Ore.), Rand Paul (R-Ky.) and Elizabeth Warren (D-Mass.), urged the agency to require a federal judge to approve the requests and to share more details on the program, saying officials there had chosen to “provide this surveillance service and to keep postal customers in the dark about the fact they have been subjected to monitoring.”In a response earlier this month, the chief postal inspector, Gary Barksdale , declined to change the policy but provided nearly a decade’s worth of data showing that postal inspectors, federal agencies, and state and local police forces made an average of about 6,700 requests a year, and that inspectors additionally recorded data from about another 35,000 pieces of mail a year, on average.The practice, he added, had been legally authorized since 1879, a year after the Supreme Court ruled that government officials needed a warrant before opening any sealed letter.Wyden said in a statement, “These new statistics show that thousands of Americans are subjected to warrantless surveillance each year, and that the Postal Inspection Service rubber stamps practically all of the requests they receive.” He also criticized the agency for “refusing to raise its standards and require law enforcement agencies monitoring the outside of Americans’ mail to get a court order, which is already required to monitor emails and texts.”In their letter last year, the senators said that even the exteriors of mail could be deeply revealing for many Americans, giving clues about the people they talk to, the bills they pay, the churches they attend, the political views they subscribe to and the social causes they support.Read the Washington Post report: https://wapo.st/3Xxr9yO FBI Released 602 Pages of Its Vincent Chin Files Without explanation, the FBI released 602 pages of its files on Vincent Chin during the week of his murder 42 years ago. Helen Zia published an essay at the Vincent Chin Institute about its good, bad, and ugly on June 26, 2024. This is an AI-assisted summary of her essay: The Good · Community Support and Advocacy : The essay highlights the significant support and advocacy from the Asian American community and various organizations in seeking justice for Vincent Chin. · Awareness of Anti-Asian Hate : The release of the FBI documents and the efforts to commemorate Vincent Chin's legacy help raise awareness of anti-Asian hate and the historical context of such violence. · Legacy and Education : The essay emphasizes the importance of educating others about Vincent Chin's case and the ongoing fight against racial prejudice, contributing to a more informed and empathetic society. The Bad · Incomplete Investigation : The FBI documents are incomplete, missing critical details from the Wayne County criminal proceedings and failing to interview key witnesses, which hindered the investigation and justice process. · Inadequate Judicial Response : The essay criticizes the judicial system's response, particularly the sentencing judge's decision to release the attackers on probation and fines, which highlights systemic racial biases. · Media Bias : The essay points out how media coverage at the time failed to grasp or acknowledge the anti-Asian prejudice involved in the case, often casting doubt on the racial motivations behind the crime. The Ugly · Racially Motivated Violence : The brutal attack on Vincent Chin, driven by racial hatred and scapegoating during an economic recession, represents the ugly reality of racially motivated violence and bigotry. · Traumatic Aftermath : The essay describes the trauma endured by Vincent Chin's family and the Asian American community, exacerbated by the lack of justice and recognition from the judicial system. · Enduring Prejudice : The essay underscores the persistent ignorance and harmful stereotypes surrounding Asian Americans, both in the past and present, highlighting the ongoing struggle against racial prejudice and discrimination. Overall, the essay provides a detailed account of the events surrounding Vincent Chin's death, the community's response, and the broader implications for understanding and combating racial hatred. Read Helen Zia's essay: https://bit.ly/4eN4Nzg . Read the 602-page FBI case file: https://bit.ly/3RQobSt Vincent Chin's Legacy on Asian American Activism According to the Washington Post on June 26, 2024, when Vincent Chin , a Chinese American groom-to-be, was bludgeoned to death with a baseball bat by two white Detroit autoworkers in 1982, his loved ones’ cries for justice fell on deaf ears. The autoworkers who attacked Vincent Chin did so under the false belief that he was Japanese, attributing the auto industry’s hardships to foreign competition from Japan.It took twelve full days before the media reported his killing — without recognizing the racism involved, remembers Curtis Chin , the nephew of Vincent Chin’s best man. Nine months later, judge Charles Kaufman handed the perpetrators just three years’ probation and a $3,780 fine, reasoning that “These aren’t the kind of men you send to jail.”Despite media silence and a lenient sentence for the perpetrators, Chin's case galvanized Asian Americans to unite across ethnic lines.Today , advocates still ensure that Vincent Chin’s name is never forgotten. In the wake of his death anniversary, and amid increasing xenophobia worldwide, his story provides guiding light for the struggle toward equality.Curtis Chin found his calling in the experience, and instead of taking over Chung’s — his family’s restaurant of five decades — spent the next 30 years elevating Asian American voices as a writer and a filmmaker. In his memoir and his documentary, “Vincent Who?,” Curtis Chin recounts Vincent Chin’s story and the racial animosity of 1980s Detroit.For Helen Zia , an activist who moved to Detroit in 1976 and took up work at an auto plant, Chin’s case laid bare the glaring injustices that Asian Americans faced: “There were two legal organizations in the whole country, one in New York and one in California,” Zia says. “We were in Detroit, and they couldn’t help us.” Zia rallied leaders from Detroit’s Chinatown and local lawyers to support Vincent Chin's mother Lily Chin and co-founded the American Citizens for Justice, which helped secure a federal trial for Vincent Chin. Zia launched the Vincent Chin Institute in 2022 to fill the void Asian American Detroiters found themselves in four decades ago through advocacy, education, and resources for Asian Americans in underserved areas.In the 21st century, the killing of Vincent Chin continues to energize Asian American advocacy and presence. Law students reenact his trial to highlight legal shortcomings. Hollywood has adapted his case into films like “Hold Still, Vincent” and “Who Killed Vincent Chin?”The fear of foreign economic threat parallels modern “anti-China hysteria and scapegoating,” says Stop AAPI Hate co-founder Cynthia Choi , pointing to how COVID-19 was racialized and fueled attacks on Asians across the country. The Vincent Chin case remains a cornerstone for Asian American advocacy, inspiring films, reenactments, and organizations like Stop AAPI Hate, which combats rising xenophobia and discrimination. Despite the progress achieved, advocates against anti-Asian hate assert that there is still considerable work ahead in every sector, from the workplace to the entertainment industry. The comprehensive history of Asian Americans, for instance, continues to be excluded from core K-12 history curricula in the United States. Some advocates like John Yang , the president and executive director of Asian Americans Advancing Justice AAJC, are turning their attention to what they say is a new form of anti-Asian hate: a growing number of bills preventing some Chinese citizens from buying and owning land. “Everyone is concerned about whether an Asian American is truly an American, and so they’re not being shown the same houses, they’re not being afforded the same opportunities,” Yang says. Wilson Lee , co-founder of the Chinese American Citizens Alliance Boston Lodge and the Chinese American Heritage Foundation, has organized a vigil for Vincent Chin every June 23 for the past six years. “We’re in it for the long haul,” Lee tells the Associated Press . “Because it’s the right thing to do, not because it’s the popular thing to do.”On June 21, 2024, the Congressional Asian Pacific American Caucus issued a press statement marking the 42nd Anniversary of the murder of Vincent Chin: https://bit.ly/4cdUAKT Read the Washington Post report: https://wapo.st/3VHk4Jf . Visit the Vincent Chin Institute website: https://bit.ly/39Bu0QQ News and Activities for the Communities 1. APA Justice Community Calendar Upcoming Events: 2024/07/01 APA Justice Monthly Meeting2024/07/01 President's Advisory Commission Public Meeting - Livestreaming2024/07/02 President's Advisory Commission Public Meeting - In Person2024/07/03 Hearing on Preliminary Injunction on Florida SB 8462024/07/07 Rep. Gene Wu's Town Hall Meeting2024/07/11-12 National AAPI Leadership Summit2024/07/13 APIAVote: Presidential Town Hall, Philadelphia PA2024/07/15 APIAVote: RNC Convention, AAPI Briefing &Reception, Milwaukee, WI2024/07/16-17 National Science, Technology, and Security Roundtable - Capstone2024/08/04 Rep. Gene Wu's Town Hall MeetingThe Community Calendar has moved. Visit https://bit.ly/3XD61qV for event details. 2. New Appointments at Johns Hopkins University Starting July 1, 2024, Professor Jessica Chen Weiss joined the faculty of Johns Hopkins School of Advanced International Studies (SAIS) in Washington, DC as the David M. Lampton Professor of China Studies and the inaugural director of a new institute on the evolving role of China in the world to be established this fall at SAIS, bringing together scholars, practitioners and experts from the private sector to foster deeper understanding and informed policy making. Professor Chen Weiss comes to SAIS from Cornell University, where she was the Michael J. Zak Professor for China and Asia-Pacific Studies in the Department of Government. From August 2021 to July 2022, she served as senior advisor to the Secretary's Policy Planning Staff at the U.S. State Department on a Council on Foreign Relations Fellowship for Tenured International Relations Scholars.Also starting July 1, 2024, Jeremy Lee Wallace has been named the A. Doak Barnett Professor of China Studies, also starting July 1, 2024; and he will be affiliated with the new institute at SAIS as well as the SNF Agora Institute at Johns Hopkins. Read the Johns Hopkins University announcement: https://bit.ly/4beT3CJ Back View PDF July 1, 2024 Previous Newsletter Next Newsletter

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Juan Tang 唐娟 Docket ID: 2:20-cr-00134 District Court, E.D. California Date filed: Aug 6, 2020 Date ended: July 23, 2021 Table of Contents Overview 2021/07/19 Defense Motion to Dismiss Five “Visa Fraud” Cases Links and References Overview On July 23, 2020, the Department of Justice (DOJ) announced the arrest of four scientists from China on claimed visa violation, including Dr. Juan Tang. A fifth scientist was arrested for similar charges in August 2020. Dr. Juan Tang has had a successful and award-winning career as a cancer researcher. She was invited to participate in a cancer research program at the University of California, Davis, as a visiting scholar by a leading professor and researcher at the Cancer Center. Dr. Tang was issued a J-1 visa in November 2019. The J-1 visa is often issued to non-immigrant scholars and researchers. DOJ charged Dr. Tang with one count of visa fraud and one count of making a false statement, alleging that she lied about her affiliation with China’s military. If convicted, she faces a maximum penalty of 10 years in prison and a fine of $250,000. On July 22, 2021, DOJ motioned to drop their case against Dr. Tang. U.S. District Judge John A. Mendez granted the motion to dismiss on July 23, 2021. The other four visa fraud cases were also dismissed at the same time. The five visa fraud cases including Dr. Tang were identified under the China Initiative, but they were removed from the DOJ online report after their dismissals. 2021/07/19 Defense Motion to Dismiss A jury trial of Dr. Tang was scheduled to begin in Sacramento, California on July 26, 2021. On July 19, 2021, defense attorneys for Dr. Tang submitted a trial brief and memorandum to support dismissal at trial. The trial brief provided background of the case and included two exhibits . The defense attorneys contended that the FBI deliberately failed to disclose critical exculpatory evidence to the Court and to the defense, including a heavily-redacted FBI Background Note in Exhibit A. The defense attorneys opined that China's PLA is not a direct analog to how the US military services are set up, especially regarding the PLA's Civilian Cadre, quoting from Exhibit A that “...Among the Civilian Cadre are a significant number of doctors and nurses and other professionals that at times are required to wear a military type uniform, but who would not necessarily consider themselves soldiers despite being considered as active duty.” Three days later, DOJ motioned to drop their case against Dr. Tang, which U.S. District Judge John A. Mendez granted on July 23, 2021. [jump to menu] Five “Visa Fraud” Cases The Department of Justice (DOJ) announced visa fraud charges against four of five scientists from China on July 23, 2020. The fifth scientist, Lei Guan, was first charged in August 2020 for Destruction and Alteration of Records in a Federal Investigation with visa fraud charges added in September 2020. The announcement of the visa fraud cases coincided with the U.S. order to close China’s consulate in Houston, accusing it to be a "spy center" to conduct spying activities with local medical centers or universities. The five Chinese scientists are: 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 These five visa fraud cases were abruptly dismissed by DOJ in July 2021 without an explanation for the dismissals. Wyn Hornbuckle, a Justice Department spokesman issued a statement that said "[r]ecent developments in a handful of cases involving defendants with alleged, undisclosed ties to the People’s Liberation Army of the People’s Republic of China have prompted the department to re-evaluate these prosecutions... We have determined that it is now in the interest of justice to dismiss them.” On July 22, 2021, Reuters reported that there was "recently disclosed evidence of a report by FBI analysts that questioned if the visa application question on 'military service' was clear enough for Chinese medical scientists at military universities and hospitals." In another report by the Washington Post, an unnamed official was quoted to say that "the punishment for visa fraud typically does not exceed a year. That fact, combined with the prospect of prolonged litigation in several instances, led officials to assess that the interests of justice were best served by dropping the cases." Upon further research, defense attorneys for Dr. Juan Tang filed a Defendant's Trial Brief and Memorandum Supporting Dismissal at Trial on July 19, 2021. It included a section on "The FBI’s Deliberate Failure to Disclose Critical Exculpatory Evidence to the Court and to the Defense Warrants a Dismissal of this Ill-Conceived Indictment." "There is dissension in the FBI’s own ranks," the trial brief started. It cited that the government intentionally did not comply with the discovery order for the trial and highlighted that "... just days ago, a heavily redacted report dated for release four months ago, on April 1, 2021, which the government did not disclose to this Court when it ruled on Dr. Tang’s Motion to Dismiss." Exhibit A shows a FBI Background Note dated April 1, which includes a statement that investigations and expert interviews "suggest that the visa application form (DS-160) potentially lacks clarity when it comes to declaring one's military service or affiliation." DOJ motioned to dismiss Dr. Juan Tang’s case four days before the trial was to start on July 26, 2021. On July 12, 2021, a partially redacted draft FBI report appeared as part of an exhibit in a non-motion response filed in the case of Lei Guan. The 28-page exhibit includes a draft white paper that provides assessments on seven cases under the "China Initiative," including the five that were dismissed. The draft paper states that targeting of the researcher and students "likely had minimal, short-term positive impact on the technology transfer threat from PRC students, scholars, and researchers." In addition, "[o]nly two of the arrests has a nexus to technology transfer violations, ... and none included charges related to other counterintelligence concerns." The operation "likely contributed to the deterioration of the FBI's delicate yet valuable relationship with some US universities by not exercising more caution before approaching PRC students." Although there was strong advice against investigating and arresting students and researchers with the operation, "several FBI field offices proceeded with visa fraud charges for individuals who met the criteria but did not meet the threshold for a high-priority technology transfer threat." "It is in the best national security interest of the FBI to strategically identify, target, and mitigate PRC technology transfer threats while also preserving educational opportunities in the United States for PRC students who do not pose a threat," said an unredacted portion of the FBI report. A footnote also stated that "the FBI does not consider clinical medicine an area of concern for PRC technology transfer." According to the exhibit, a FBI Supervisory Intelligence Analyst drafted the report as a response to a February 2021 award nomination. She was originally included as part of the award nomination but disagreed about the "high impact" the award's nomination claimed to have made. She did not think the arrest of the PLA students met the threshold for high impact at that time, as she assessed at an early stage the impact was minimal. The draft was a way for her to dispute the information contained in the awards packet. She removed herself from the award nomination. In December 2020, John Demers, former head of the China Initiative at DOJ, and William Evanina, former chief of the counterintelligence branch at ODNI, attributed without supporting facts and evidence that more than 1,000 Chinese researchers from affiliated with China's People's Liberation Army fled the U.S. after the FBI conducted interviews in more than 20 cities and the State Department closed China’s Houston consulate in July 2020. Some of the visa fraud prosecutions were based on photos of the individuals in uniform. However, wearing a uniform does not always imply military service. There are two non-armed branches in the uniformed services of the United States, including the Public Health Service which is a part of the Department of Health and Human Services and the National Oceanic and Atmospheric Administration Commissioned Officer Corps which is part of the Department of Commerce. Previous Item Next Item