Newsletter - #2 SCMP Report, NSF Exclusive, Injunction Against ICE Directive Filed, And More #2 SCMP Report, NSF Exclusive, Injunction Against ICE Directive Filed, And More Back View PDF July 9, 2020 Previous Newsletter Next Newsletter

Newsletter - #113 2/7 Meeting Summary; Gang Chen Talks; Take Action; IHRN Statement; ODNI Accountability #113 2/7 Meeting Summary; Gang Chen Talks; Take Action; IHRN Statement; ODNI Accountability Back View PDF February 14, 2022 Previous Newsletter Next Newsletter

60 top scientific organizations are calling for balance between an open scientific environment and economic and national security. September 4, 2019 On September 4, 2019, 60 top science, engineering and international education organizations - representing hundreds of thousands of scientists, engineers and educators around the world - sent an open letter to five top federal officials in charge of science programs, calling for fairer treatment of foreign-born scientists in the face of policies that could put a chill on the participation of foreign nationals in the scientific enterprise. The letter was addressed to Dr. Kelvin Droegemeier , Director of the Office of Science and Technology Policy at the White House; Dr. France Córdova, Director of the National Science Foundation; Dr. Francis Collins , Director of the National Institute of Health; Dr. Chris Fall, Director of the Office of Science at the Department of Energy; and Dr. Michael Griffin , Under Secretary of Defense for Research and Engineering. "Finding the appropriate balance between our nation’s security and an open, collaborative scientific environment requires focus and due diligence," the letter said. "Any response should consider the impact on both the overall scientific enterprise and on individual scientists and its development should include the input of the science and engineering community." Otherwise, "many scientists—both U.S. citizens and foreign nationals—who properly follow codes of conduct, regulations, policies and laws, may inappropriately be harmed in response to the misconduct and illegal actions of others." The co-signers of the letter ask the federal officials to "consider a wide range of stakeholder perspectives as your agencies work together through the new NSTC ( National Science and Technology Council ) Joint Committee on Research Environments to develop policies and procedures that address issues related to international researchers’ participation in the U.S. scientific enterprise, and we would welcome the opportunity to work with you." multisociety-letter-on-foreign-influence_9-4-2019 .pdf Download PDF • 73KB 60 top scientific organizations are calling for balance between an open scientific environment and economic and national security. Previous Next Top Scientific Organizations Call for Fairer Treatment of Foreign-born Scientists

July 6, 2020 On July 6, 2020, the U.S. Immigration and Customs Enforcement (ICE) issued a directive on student visas that would compel international students to leave the United States if their coursework were entirely online. Since the U.S. has so far failed to contain the COVID-19 pandemic, many U.S. schools are planning to offer classes entirely online this fall. In effect, the ICE directive will negatively impact hundreds of thousands of international students directly and various segments of the U.S. society indirectly. Reactions against the proposed rule were broad, swift and strong. A week after the announcement, a federal judge in Boston announced on July 14, 2020 that the Trump administration has rescinded its policy. However, there were still reports that the White House may focus on applying the rule to new students instead of existing students. On July 24, ICE introduced the new rule to new students. Previous Next New ICE Directive on Student Visas

Newsletter - #366 12/1 Meeting; Giving Tuesday; Yanping Chen; Internatonal Students; CAIR Sues; US Data+ #366 12/1 Meeting; Giving Tuesday; Yanping Chen; Internatonal Students; CAIR Sues; US Data+ In This Issue #366 · 2025/12/01 APA Justice Monthly Meeting · Giving Tuesday - Consider APA Justice · Herridge Petition in Yanping Chen v FBI et al · International Students Drop | Serica Storytellers · CAIR Sues Texas Officials Over Terror Group Designation · The U.S. Needs Better Data · News and Activities for the Communities 2025/12/01 APA Justice Monthly Meeting The next APA Justice monthly meeting will be held on Monday, December 1, 2025, starting at 1:55 pm ET.In addition to updates from: · Judith Teruya , Executive Director, Congressional Asian Pacific American Caucus (CAPAC) · Joanna YangQing Derman , Program Director, Advancing Justice | AAJC · Gisela Perez Kusakawa , Executive Director, Asian American Scholar Forum (AASF) We are honored by and welcome the following distinguished speakers: · Kin Yan Hui , National President, Chinese American Citizens Alliance · Patrick Toomey , Deputy Director, National Security Project, American Civil Liberties Union (ACLU) · Edgar Chen , Special Advisor, National Asian Pacific American Bar Association (NAPABA) The virtual monthly meeting is by invitation only. It is closed to the press. If you wish to join, either one time or for future meetings, please contact one of the Co-Organizers of APA Justice - Vincent Wang 王文奎 and Jeremy Wu 胡善庆 - or send a message to contact@apajustice.org . *****The American Civil Liberties Union is an American nonprofit civil rights organization founded in 1920. Patrick Toomey works on issues related to privacy and surveillance, racial and ethnic discrimination, and the use of novel technologies like artificial intelligence. His litigation and advocacy often focus on national security prosecutions or policies where these issues intersect. Patrick has litigated high-profile cases challenging sweeping surveillance programs operated by U.S. intelligence agencies, and has represented Asian American scientists who have been wrongly investigated and prosecuted by the U.S. government. Patrick returns to provide updates on recent ACLU activities.The National Asian Pacific American Bar Association (NAPABA), "The Voice for 80,000 AANHPI Legal Professionals," held its annual convention on November 6-8, 2025 in Denver, Colorado. On November 25, 2025, NAPABA issued a joint statement with local affiliates in response to the Eleventh Circuit split decision upholding Florida’s discriminatory Alien Land Law SB264. As Senior Advisor for NAPABA, Edgar Chen returns to update us on the latest from NAPABA. Giving Tuesday - Consider APA Justice GivingTuesday is an annual global day of generosity that takes place on the Tuesday after Thanksgiving. It serves as a counterpoint to the consumerism of Black Friday and Cyber Monday by encouraging people to donate to charities, volunteer their time, or perform acts of kindness. Created in 2012, the movement has grown into a large-scale effort that raises billions of dollars for nonprofits and fosters a spirit of giving back. APA Justice has been advancing fairness, equity, and belonging for Asian Americans and Pacific Islanders for the past 10 years. We identify emerging issues through coalition work, community engagement, and data insights. We educate policymakers and allies through media collaboration, an online resource hub, and regular briefings. And we mobilize communities to advocate for practical solutions and stronger civic participation.Your support strengthens civil rights protections, elevates AAPI voices, and helps build a more inclusive America. Now, as a powered by the Committee of 100 initiative, APA Justice invites you to make a tax-deductible contribution to sustain this work at: https://bit.ly/Donate2APAJustice . Herridge Petition in Yanping Chen v FBI et al On November 14, 2025, former journalist Catherine Herridge filed a petition with the Court of Appeals for the DC Circuit in the case of Yanping Chen v FBI et al . Herridge was previously held in civil contempt for refusing to identify the confidential sources she used in Fox News reports about a counterintelligence investigation into Dr. Yanping Chen —an investigation that never resulted in any charges. Dr. Chen alleges that federal officials unlawfully leaked her private information to Herridge in violation of the Privacy Act. Herridge was held in civil contempt for refusing to disclose her confidential sources in a Privacy Act lawsuit filed by Dr. Yanping Chen against federal agencies, including the FBI. Dr. Chen alleged that federal officials leaked her private information to Herridge, which was used in Fox News reports about a counterespionage investigation into Dr. Chen, who was never charged for any wrongdoing. Herridge invoked the First Amendment reporter’s privilege to protect her sources, but the District Court ruled that Dr. Chen had met the criteria to overcome the privilege, citing the centrality of the information and exhaustion of alternative sources. Herridge appealed. The three-judge panel of the Appeals Court affirmed the District Court’s decision with a 3-0 ruling, stating that the reporter’s privilege can be overcome in Privacy Act cases when centrality and exhaustion are established.Herridge has now petitioned for a rehearing by the three-judge panel and rehearing en banc by the entire Appeals Court in the DC Circuit. To learn more about the case, read th e summary of the November 2025 APA Justice monthly meeting led by Dr. Chen's attorney Andrew Phillips and the APA Justice web page on Dr. Chen . International Students Drop | Serica Storytellers According to NBC News on November 17, 2025, U.S. colleges and universities experienced a steep 17% decline in new international enrollment for fall 2025 amid the Trump administration's immigration crackdown.New data from the Institute of International Education confirms this is the largest non-pandemic drop in more than a decade and follows a 7% decrease the previous academic year. More than half of the 825 surveyed institutions reported declines, with 96% citing visa application problems as a major obstacle. Fanta Aw , CEO of NAFSA: Association of International Educators, said visa delays and denials have made the U.S. “less competitive” globally, noting that “the U.S. is no longer the central place that students aspire to come to.” She also pointed to the Trump administration’s pause of new student visa interviews in May, which created severe backlogs.The downturn carries significant economic consequences. NAFSA estimates a $1.1 billion loss to the U.S. economy this year due to fewer international students. Last year, international students contributed nearly $43 billion and supported more than 355,000 U.S. jobs by spending on tuition, housing, services, insurance, and local goods. On December 2, 2025, the Serica Initiative will co-host an in-person event with David Wu , President, Baruch College, CUNY, and Frank Wu , President, Queens College, CUNY. As federal visa policies evolve, international students at City University of New York (CUNY) campuses face growing uncertainty. This timely conversation explores how student visa revocations are reshaping New York’s educational landscape. The panel delves into how immigration policy shifts ripple across classrooms, immigrant communities, and the city’s public higher education system — and how institutions can better advocate for and support affected students. The event will be moderated by Joan Kaufman , Senior Director for Academic Programs, the Schwarzman Scholars Program, and held at Graduate School of Journalism, CUNY, 219 W 40th St 3rd floor, New York, NY 10018. For more information and registration, please visit: https://bit.ly/47RWYHn CAIR Sues Texas Officials Over Terror Group Designation On November 20, 2025, the Council on American-Islamic Relations (CAIR) and the Muslim Legal Fund of America filed a lawsuit, Council on American-Islamic Relations Texas Dallas Fort Worth v. Abbott (1:25-cv-01878) , in the U.S. District Court for West Texas against Texas Governor Greg Abbott and Attorney General Ken Paxton over Abbott’s proclamation designating CAIR as a foreign terrorist and transnational criminal organization on November 18. The designation prevents CAIR from acquiring property in Texas and imposes civil and criminal penalties, which the plaintiffs argue harm their advocacy work, fundraising, and reputation. CAIR argues in the lawsuit that Abbott acted to defame the nation’s largest Muslim civil rights and advocacy organization. CAIR contends that the proclamation violates constitutional rights, including protections for property and free speech, and strongly rejects Abbott’s characterization of CAIR and the Muslim Brotherhood as “foreign terrorist” and “transnational criminal” organizations. The lawsuit also notes that CAIR condemned Hamas’s October 7, 2023, attack, contradicting Abbott’s allegations that CAIR’s executive director “publicly praised and supported” the attack. According to The Guardian , only the U.S. Secretary of State can officially designate foreign terrorist organizations under federal law. Abbott’s proclamation is tied to his broader efforts in Texas related to “foreign adversaries” and land restrictions. It bars CAIR members from purchasing land in Texas and allows Paxton to sue entities linked to CAIR or the Muslim Brotherhood, but it does not carry federal immigration consequences, asset freezes, or criminal penalties. Abbott justified the designation by citing a 2007 case involving CAIR and the Holy Land Foundation; CAIR was never indicted and has denied the allegations.According to The Guardian , only the U.S. secretary of state can officially designate foreign terrorist organizations under federal law. Abbott’s proclamation is tied to his broader efforts in Texas related to “foreign adversaries” and land restrictions. It bars CAIR members from purchasing land in Texas and allows Paxton to sue entities linked to CAIR or the Muslim Brotherhood, but it does not carry federal immigration consequences, asset freezes, or criminal penalties. Lena Masri , CAIR’s Litigation Director, said the lawsuit is “our first step toward defeating Governor Abbott again so that our nation protects free speech and due process for all Americans.” She warned, “No civil rights organization is safe if a governor can baselessly and unilaterally declare any of them terrorist groups, ban them from buying land, and threaten them with closure.” Several Republican officials previously called for an investigation into CAIR’s funding. CAIR has won three prior cases challenging Abbott’s alleged First Amendment violations. · 2025/11/20 Politico: CAIR Sues Texas Officials over Terror Group Designation · 2025/11/20 Houston Chronicle: Muslim civil rights group CAIR sues Greg Abbott over 'unconstitutional' terrorist designation · 2025/11/18 The Guardian: Texas governor Abbott designates Cair and Muslim Brotherhood terrorist groups · 2025/11/18 New York Times: Texas Governor Declares Muslim Civil Rights Group a ‘Terrorist Organization’ · 2025/11/18 Washington Post: Texas governor declares Muslim civil rights group a terrorist organization The U.S. Needs Better Data According to Barron's on November 22, 2025, good data matter more than ever in a complicated world, and the U.S. is falling behind.The recent 43-day government shutdown exposed how essential—and fragile—America’s federal statistical system has become. When agencies like the Bureau of Labor Statistics stopped collecting and publishing key indicators, policymakers, businesses, and investors were left without reliable information on unemployment, inflation, retail sales, and more. Although critics have questioned data accuracy in recent years, the shutdown made clear that federal statistics remain the “gold standard.” Yet this gold standard is eroding due to shrinking budgets, declining survey participation, and significant staff losses, all of which lead to larger revisions and slower, less reliable reporting.Part of the challenge lies in structural limitations: much of U.S. economic data still relies on labor-intensive surveys of businesses and households, even as response rates fall and the economy evolves more rapidly. While private firms now generate high-frequency, real-time data—ranging from digital payments to satellite imagery—federal agencies have been slow to adopt these sources due to cost, technical barriers, and the difficulty of processing large, unstructured datasets. Still, promising efforts exist. The Chicago Fed, for example, has blended traditional government data with private-sector sources to provide more timely labor and retail indicators that closely track official statistics.Looking ahead, experts argue that the U.S. needs a more modern, collaborative, and better-funded statistical system. Solutions include expanding blended-data approaches, adopting standardized employer records like those piloted by the U.S. Chamber Foundation, and even consolidating major statistical units into a single national statistics agency—something every other G-7 country already has. Although America’s decentralized system offers some protections against data manipulation, the growing risks of outdated, incomplete, or delayed information are becoming too large to ignore. With the economy and population shifting quickly, safeguarding and enhancing the nation’s data infrastructure is essential for informed decisions by policymakers, businesses, and the public. News and Activities for the Communities 1. APA Justice Community Calendar Upcoming Events: 2025/12/01 Cook County Circuit Court Hearing - Estate of Jane Wu v Northwestern University2025/12/01 APA Justice Monthly Meeting2025/12/02 Serica Storytellers: The Presidents | David Wu & Frank Wu2025/12/08 Conversations, Recollections, Pioneers and Heroes: Alice Young2026/01/05 APA Justice Monthly Meeting2026/01/13 Conversations, Recollections, Pioneers and Heroes: Leroy Chiao2026/01/29-30 The Jimmy Carter Forum on U.S.-China Relations Visit https://bit.ly/3XD61qV for event details. # # # APA Justice Task Force is a non-partisan platform to build a sustainable ecosystem that addresses racial profiling concerns and to facilitate, inform, and advocate on selected issues related to justice and fairness for the Asian Pacific American community. For more information, please refer to the new APA Justice website under development at www.apajusticetaskforce.org . We value your feedback. Please send your comments to contact@apajustice.org . Back View PDF November 28, 2025 Previous Newsletter Next Newsletter

Newsletter - #184: Section 702 Violations; Paid Interns; Alien Land Bills; DeSantis; Community News #184: Section 702 Violations; Paid Interns; Alien Land Bills; DeSantis; Community News In This Issue #184 Warrantless Surveillance - More Violations of Section 702 Revealed APA Justice Seeks Up to Two Motivated Paid Interns Latest Developments on Discriminatory Alien Land Bills Florida Governor DeSantis Criticized for Mandating Asian American History While Banning Courses on "Systemic Racism" News and Events for the Communities Warrantless Surveillance - More Violations of Section 702 Revealed On May 19, 2023, multiple media including AP News , Washington Post , and New York Times , FBI analysts improperly and repeatedly used a warrantless surveillance program to search for information about hundreds of Americans who came under scrutiny in connection with two politically charged episodes of civil unrest: the protests after the 2020 police killing of George Floyd and the Jan. 6, 2021, attack on the Capitol. The violations occurred more than 278,000 times and were detailed in a secret court order issued last year by the Foreign Intelligence Surveillance Court, which has legal oversight of the U.S. government’s spy powers. The surveillance program, known as Section 702 under the Foreign Intelligence Surveillance Act (FISA), empowers the government to collect, without a warrant and from American companies like Google and AT&T, the communications of foreigners abroad who are targeted for intelligence purposes — even when they are talking with or about Americans.Intelligence and law enforcement officials can search the database of communications intercepted under Section 702 using the names or other identifiers of Americans, but only under certain circumstances. The FBI has repeatedly failed to comply with those limits.Section 702 expires at the end of the year unless it is renewed by Congress.Sen. Ron Wyden (D-Ore.), a longtime critic of what he says is dangerous overreach by U.S. intelligence officials, decried what he called the “shocking abuses of FISA Section 702.” He said that the abuses have been going on for years and that officials are still withholding key details from the public. “There is important, secret information about how the government has interpreted Section 702 that Congress and the American people need to see before the law is renewed,” Wyden said in a written statement.“You can tell your department, not a chance in hell we’re going to be reauthorizing that thing without some major, major reforms,” Republican Sen. Mike Lee of Utah told Attorney General Merrick B. Garland at a Justice Department oversight hearing earlier this year.“Today’s disclosures underscore the need for Congress to rein in the FBI’s egregious abuses of this law, including warrantless searches using the names of people who donated to a congressional candidate,” said Patrick Toomey , deputy director of the ACLU’s National Security Project. “These unlawful searches undermine our core constitutional rights and threaten the bedrock of our democracy. It’s clear the FBI can’t be left to police itself.”The ACLU represents Professor Xiaoxing Xi , who is suing the government over its dismissed prosecution of him for supposedly sharing sensitive technology with scientists in China. New York Police Department Officer Baimadajie Angwang reportedly also fell victim to Section 702 under the now-defunct "China Initiative."Privacy and civil rights advocates have revived a proposal to require the government to obtain a warrant from the surveillance court before it may search the Section 702 repository using an American’s identifiers. Elizabeth Goitein of the Brennan Center for Justice at New York University School of Law, who backs that idea, said the violations disclosed in the opinion, particularly for the political campaign donors and those arrested in connection with the racial justice protests, showed the necessity of that proposal. “The opinion provides frightening proof of the need for a warrant requirement before agencies conduct U.S. person queries,” she said. Elizabeth Goitein has accepted APA Justice's invitation to speak on this topic at the June 5 monthly meeting. Please send a request to contact@apajustice.org if you wish to join the by-invitation-only meeting. Read more about warrantless surveillance and Section 702 at https://bit.ly/3O6T43Q APA Justice Seeks Up to Two Motivated Paid Interns APA Justice is looking for up to two motivated paid website design and content management interns to join our team for the summer months. The successful candidates will assist in designing, developing, and maintaining the APA Justice website at https://www.apajustice.org/ . The interns will work closely with the co-organizers and other members of the organization to ensure that the website reflects our mission and values and provides a user-friendly experience for all visitors. These are paid internship positions that allow for working remotely and flexible hours, and option to extend to part time positions beyond the summer. Responsibilities include the innovative development of a virtual library and related content. The job description is here: https://bit.ly/438Oh6c . Interested candidates should send their resume and questions to contact@apajustice.org . Cornell University is Seeking A Research Associate & Program Coordinator for Its China U.S. Policy (CUSP) Initiative. This is a 2-year term appointment with benefits and the possibility of extension depending on funding. Professor Jessica Chen Weiss is Director. Review of applications will begin June 1. Interviews will take place early to mid-June. The anticipated start date is July 1, 2023 with an end date of June 30, 2025. Learn more about the job and apply at https://bit.ly/3MnFPJz Latest Developments on Discriminatory Alien Land Bills 1. 33 States are Now Known to Have Introduced Alien Land and Property Bills As of May 20, 2023, there are 33 states known to have introduced some form of alien land and property bills in the current or recent legislative session. A few have passed and signed into state law; some have died; others are still pending.State-by-state links to the legislations and a companion map are provided as community resources at https://bit.ly/402lG1w . They are collected from multiple sources including APA Justice, Committee of 100, National Agricultural Law Center, Project South, and crowdsourcing. Due to the dynamic nature of these developments, we plan to update the information periodically. We anticipate the continuation and introduction of alien land and property bills into future state legislative sessions. The map and a list of state legislations are posted at https://bit.ly/402lG1w 2. Alien Land Bill in Alabama - House Bill 379 According to WHNT-TV19 on May 19, 2023, a bill that would have initially prevented Chinese citizens from buying a home in Alabama underwent some major changes after a committee hearing this week. The “Alabama Property Protection Act” changed to ban just government entities from “countries of concern” from buying land near military bases. But some Chinese American Alabamians said they still have some concerns with the new version of the bill. Lily Moore is a realtor in Montgomery and a U.S. citizen living in Alabama for the last 25 years. She said the first version of this bill concerned her not only as someone from China but as a real estate agent who would have had to question homebuyers.“It could be like a Caucasian that looks like an Asian. I think of my job as not a realtor anymore,” Moore said. “It’s like an investigator for FBI.”After she and many others voiced concerns, the bill changed — no longer preventing people from China from buying land in Alabama but targeting instead government entities from countries on a federal sanctions list, including China, Iran, North Korea and Russia.Moore and Linyuan Guo-Brennan with the Central Alabama Association of Chinese Americans said they are glad to see the changes to the bill but are still concerned that the mere listing of the countries could lead to discrimination, even though the bill is now aimed at government actors.“This is one way, or most effective way, to enforce systemic discrimination,” Guo-Brennan said. “The members of the Chinese American community have already feel that we are the political pawns of the two parties playing politics.”The length of the regular Alabama legislative session is limited to 30 meeting days within a period of 105 calendar days. The bill will next be considered by the House to either concur with the substitute bill or make changes. Tuesday May 23 will begin day 24 out of 30 meeting days for the legislative session.Read the WHNT-TV19 report: https://bit.ly/3opbrq7 "Alabama not a sweet home for Asians." According to an opinion published by AL.com on May 18, 2023, at the onset of this Asian American and Pacific Islanders (AAPI) Heritage Month in May, the House of Representatives in the State of Alabama approved HB-379, also known as the Alabama Property Protection Act. This legislation specifically aims to prohibit Chinese citizens, Chinese companies, and the Chinese government from acquiring property. Such a measure flagrantly infringes upon the civil rights of Chinese individuals residing in the state and demonstrates a blatant disregard for the principles upheld by the Fair Housing Act.It is crucial to halt the ratification of this bill before law-abiding citizens are unjustly deprived of their ability to purchase homes or engage in economic activities. While one may assume that such xenophobic legislation belongs to a bygone era, it is essential to acknowledge that Alien Land Acts have persisted until modern times.During this AAPI Heritage Month, it is essential to celebrate the remarkable achievements and invaluable contributions of the AAPI community. We must resist the regression into xenophobic laws that mirror a bygone century. Our unwavering belief rests upon the establishment of a just and inclusive society that upholds the rights and dignity of all individuals, irrespective of their ethnicity. It is incumbent upon us to reject the existence of discriminatory legislation, as none of us would desire to witness the marginalization of foreign American nationals in their respective countries or the unjust exclusion of American corporations from foreign market investments.The author of the opinion, Dr. Ken Yang, holds an MD and PhD and lives in Birmingham where he has been a research scientist at the University of Alabama at Birmingham the past 19 years.Read Dr. Yang's opinion at AL.com : https://bit.ly/3IuxcMl 3. Alien Land Bills in Arizona - Senate Bills 1115, 1112 and House Bill 2376 According to LegiScan and Arizona Capitol Times on March 3, 2023, Arizona Senate passed Senate Bill 1115 by a margin of 16-14 that would prohibit land sales to the government, companies, and citizens of China, Cuba, Iran, North Korea, Russia, Saudi Arabia, Syria or Venezuela. The bill was sent to the Land, Agriculture & Rural Affairs Committee of the Arizona House of Representatives and failed to advance on a 3-6 vote on March 30, 2023. Arizona SB1112 was introduced on January 19, 2023, to originally target China, but was expanded in the government committee to ban individuals from a list of countries from buying property in Arizona. It passed the committee on a 5-3 vote, but has seen no further action. Arizona House Bill 2376 was introduced on January 18, 2023. It passed the Arizona House on a 43-17 vote on February 22, 2023. The bill is currently pending at the Arizona Senate Natural Resources, Energy and Water Committee. 4. Alien Land Bill in Louisiana - House Bill 537 On May 15, 2023, the Civil Law and Procedure Committee of the Louisiana House of Representatives held a hearing that included Louisiana House Bill 537 . High school graduate Abigail Hu 's testimony started at 3:12:45 and ended at 3:16:16. The Louisiana House has scheduled floor debate for May 23, 2023.Watch the Louisiana House of Representatives proceedings: https://bit.ly/3IuWFoG (video 3:34:11). Florida Governor DeSantis Criticized for Mandating Asian American History While Banning Courses on "Systemic Racism" According to a report by NBC News on May 18, 2023, a new law in Florida mandates the teaching of Asian American and Pacific Islander history in public schools. But many Asian Americans are not celebrating, pointing to how other marginalized communities are being affected by the state heavily limiting the instruction of systemic racism and gender identity in the classroom. Asian American academics and civil rights organizations are speaking out after Republican Gov. Ron DeSantis signed the bill last week, requiring that Asian American and Pacific Islander history to be included in the K-12 curriculum. The measure coincides with another bill signed into law to no longer permit public colleges to spend money on diversity, equity and inclusion (DEI) efforts. It also limits the way race and gender will be taught in the state’s higher education institutions. Gregg Orton , national director of National Council of Asian Pacific Americans, a coalition of dozens of AAPI organizations, said the history law is far from a “win” for the Asian American community, adding that “racial justice can’t be a zero-sum game for communities of color.”“When you advance a bill that uplifts AAPI communities, but don’t want to acknowledge the fact that in the same state, there are real intentional efforts to invisiblize or erase Black history, or [critical race theory], you are on the wrong side of history,” Orton said. “With Florida, it’s hard to draw any other conclusion than they are actively trying to use the Asian American Pacific Islander community as a wedge here.” Make Us Visible, the group that spearheaded the push, has been working on the legislation for more than two years, according to Mimi Chan , president of the Florida chapter. All students in the state, from grades K-12, will "benefit from this legislation because moving forward all histories will be taught together," she said in a statement provided to NBC News.The history mandate would require the teaching of Japanese American incarceration in World War II, immigration, citizenship and the “contributions of Asian Americans and Pacific Islanders to American society.” Conversely, the anti-Diversity, Equity and Inclusion bill, effective July 1, will ban the teaching of courses that legislators say “distort significant historical events or include a curriculum that teaches identity politics.” It also bans “theories that systemic racism, sexism, oppression, and privilege are inherent in the institutions of the United States and were created to maintain social, political, and economic inequities.” The bills come after state officials rejected an Advanced Placement African American studies course in January, leading the College Board to water down its framework for the curriculum. Pawan Dhingra , president of the Association for Asian American Studies, said that the effort from activists to implement Asian American studies in schools is admirable. However, the greater context around race education in the state can’t be ignored, he said. The language in the higher education bill, particularly its use of “identity politics,” Dhingra said, in part dismisses many groups’ real experiences and meaningful critiques. “What they’re saying is basically denying that there’s just real injustice going on,” he said. Moreover, Asian American history is intertwined and inextricably tied to others’ experiences, challenges and struggles, Russell Jeung , professor of Asian American studies at San Francisco State University, said. Omitting those aspects of education would create an untruthful representation, he said. Manjusha P. Kulkarni , co-founder of Stop AAPI Hate, similarly noted that Asian American experiences cannot be separated from that of Black, Indigenous and other groups, calling into question what “version” of history will be taught in schools. Kulkarni said: “We cannot address racism and hate in a silo. We know that our communities are interconnected.”She added that the history mandate also coincides with DeSantis’ signing of SB264, a law that in part prohibits Chinese nationals who do not have U.S. citizenship from buying property or land in the state. “DeSantis and the Florida officials are not truly interested in seeing our full humanity. And that raises further questions about what the bill signing of AAPI history means,” she said. For now, the experts say, progress is still distant.“I don’t want to discount the eagerness and the desire and hunger for our community to see advancements like this,” Orton said of the history mandate. “But it can’t be done at the expense of others.”Read the NBC News report: https://nbcnews.to/3WpTGnu According to multiple media reports including AP News , CBS News , CNN , and New York Times , the National Association for the Advancement of Colored People (NAACP), the League of United Latin American Citizens (LULAC), and Equality Florida have issued travel advisories for Florida, warning potential tourists that recent laws and policies championed by Gov. Ron DeSantis and Florida lawmakers are “openly hostile toward African Americans, people of color and LGBTQ+ individuals.”Florida is one of the most popular states in the U.S. for tourists, and tourism is one of its biggest industries. More than 137.5 million tourists visited Florida last year. Tourism supports 1.6 million full-time and part-time jobs, and visitors spent $98.8 billion in Florida in 2019. News for the Communities 1. For First Time, FBI San Diego’s Special Agent in Charge is Asian American According to Fox5-San Diego on May 18, 2023, for the first time at FBI San Diego, the bureau’s top cop or special agent in charge (SAC) is of Asian American descent. SAC Stacey Moy grew up in San Diego. Moy had humble beginnings as a kid from Solana Beach, a third generation Chinese American whose father worked for the Navy. He found his fit in the U.S. Navy, graduating from the Naval Academy in 1998. He was commissioned and served as an officer in the Surface Warfare and Naval Special Warfare communities. Moy joined the FBI as a special agent in 2004 and served on the SWAT team. He was promoted to top leadership positions in Washington, D.C. and San Francisco before becoming Special Agent in Charge in San Diego. Moy’s second in command is Assistant Special Agent in Charge John Kim , who is Korean American. Only a little over 3% of the FBI special agents are AAPI. The FBI has reportedly created Diversity Advisory Committees to help improve and increase diversity within its rank. Watch and read the Fox5-San Diego report: https://bit.ly/3pZKsSH 2. Asian American Fellows Elected to the National Academy of Sciences In addition to MIT Professor Gang Chen , other known Asian American fellows elected to the 2023 National Academy of Sciences include: Chao, Moses V. ; professor, Department of Cell Biology, Psychiatry, Neuroscience and Physiology, Skirball Institute of Biomolecular Medicine, New York University School of Medicine, New York City Lin, Xihong ; coordinating director, program in quantitative genomics, Harvard T.H. Chan School of Public Health; and professor of statistics, Department of Biostatistics, Harvard University, Boston Pan, Duojia ; investigator, Howard Hughes Medical Institute; and professor and department chair of physiology, University of Texas Southwestern Medical Center, Dallas Sundaresan, Venkatesan ; Distinguished Professor, College of Biological Sciences, University of California, Davis Ting, Alice ; professor of genetics, biology, and, by courtesy, chemistry, Department of Genetics, Stanford University, Stanford, Calif. Tye, Bik-Kwoon ; professor, molecular biology and genetics, College of Agriculture and Life Sciences, Cornell University, Ithaca, N.Y. Venkatesh, Akshay ; Robert and Luisa Fernholz Professor, School of Mathematics, Institute for Advanced Study, Princeton, N.J. Wang, Michelle D. ; investigator, Howard Hughes Medical Institute; and James Gilbert White Distinguished Professor of the Physical Sciences, Department of Physics, Cornell University, Ithaca, N.Y. Xiao, Shuhai ; professor of geobiology, Department of Geosciences, Virginia Tech, Blacksburg Zeng, Hongkui ; executive vice president and director, Allen Institute for Brain Science, Seattle Zhou, Min ; Walter and Shirley Wang Endowed Chair in US‐China Relations and Communications, Department of Sociology, University of California, Los Angeles Read the 2023 National Academy of Sciences announcement: https://bit.ly/3Oz32Lw 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 May 22, 2023 Previous Newsletter Next Newsletter

The American Society for Biochemistry and Molecular Biology has protested the politicization and cancellation of an NIH research grant. April 6, 2020 The American Society for Biochemistry and Molecular Biology (ASBMB) is an international nonprofit scientific and educational organization. With over 11,000 members, made up of students, researchers, educators and industry professionals, the ASBMB is one of the largest molecular life science societies in the world. Founded in 1906, the ASBMB’s mission is to advance the science of biochemistry and molecular biology and to promote the understanding of the molecular nature of life processes. On April 6, 2020, ASBMB issued a position statement on Foreign Influences to Research Integrity . "While ASBMB recognizes the substantial efforts undertaken by federal funding agencies, universities and research institutions to address the issue of foreign influence to research integrity, ... We must strike a balance between protecting research, while continuing to promote international collaboration. " the statement says. "Of particular concern regarding federal agency responses is the lack of guidance and transparency from the NIH. Since instances of foreign influence have come to light in 2018, the NIH has initiated thousands of investigations on scientists who they suspect of intellectual property theft, conflicts of interest, or peer review violations. While some incidents of research violation or intellectual property have been publicized, the NIH has not been transparent with the scientific community about internal changes to their review or oversight process. In addition to the lack of transparency, there have been numerous cases of scientists being wrongfully accused of espionage or intellectual property theft. Fear within the scientific community of being targeted as a result of race or identify has proliferated. The NIH must be transparent about their actions and processes and offer guidelines to the scientific community to appease these fears. " ASBMB has taken further actions to protest the politicization and cancellation of the NIH research grant to the EcoHealth Alliance. See more at NIH Grant Politicized . At the end of August 2020, several media reported a new grant was awarded although there were questions on the conditions possibly imposed in the new grant. The American Society for Biochemistry and Molecular Biology has protested the politicization and cancellation of an NIH research grant. Previous Next ASBMB Protests Racially Motivated Cancellation of Research Grant

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

The abrupt dismissal of visa fraud and other charges against five scientists from China in five separate “China Initiative” cases and the FBI reports from the discovery process exposed the weaknesses of the prosecutions, dissension in the FBI’s own ranks, and exaggerated claims of national security risks by the government. July 22, 2021 Table of Contents Overview Non-Armed Uniformed Services in the US “Startling” Claim by Assistant Attorney General John Demers What the Juan Tang Case Revealed What the Lei Guan Case Revealed Links and References Overview In court filings on July 22 and 23, 2021, the Department of Justice (DOJ) abruptly moved to drop visa fraud and other charges against five scientists from China in five separate "China Initiative" cases, including four biomedical and cancer researchers in California and a doctoral candidate studying artificial intelligence in Indiana. U.S. District judges have granted dismissal in three of the five cases. The five Chinese nationals 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 Prosecutors did not provide explanations in their motions to dismiss. According to multiple media reports, 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.” DOJ announced the visa fraud charges against four of the five scientists exactly a year ago on July 23, 2020. Just a day earlier, the U.S. ordered China to close its consulate in Houston, accusing it of being a "spy center" to conduct spying activities with local medical centers or universities. 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. Although the DOJ did not provide an explanation for the dismissals, 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." Non-Armed Uniformed Services in the US Some of these five prosecutions were based on photos of the individuals in uniform. However, wearing a uniform does not always imply military service. Out of the eight branches of uniformed services of the United States, two are non-armed: The United States Public Health Service Commissioned Corps is the uniformed personnel system of the United States Public Health Service, which is under the Department of Health and Human Services. The National Oceanic and Atmospheric Administration Commissioned Officer Corps is a uniformed branch of the National Oceanic and Atmospheric Administration, which is under the Department of Commerce. “Startling” Claim by Assistant Attorney General John Demers On December 2, 2020, The Washington Post reported that John Demers, Assistant Attorney General John Demers claimed that more than 1,000 researchers who had hidden their affiliation with the Chinese military fled the United States. The exodus came in the wake of the arrests of six Chinese researchers accused of lying on their visa applications about their ties to the People’s Liberation Army. The arrests, coupled with the closure of the Chinese Consulate in Houston, which U.S. officials said served as a command-and-control node to direct spying operations, were intended to send a signal to Beijing. The figure was described as “startling” and has not been supported by any factual evidence. What the Juan Tong Case Revealed On July 19, 2021, defense attorneys for Dr. Juan Tang filed a Defendant's Trial Brief and Memorandum Supporting Dismissal at Trial . 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." Specifically, the highlighted response to the question “Is this obfuscation indicative of nefarious intent?” says: Investigations associated with these individuals as well as PLA experts interviewed in the cases cited above suggest that the visa application form (DS-160) potentially lacks clarity when it comes to declaring one’s military service or affiliation. China’s PLA is not a direct analog to how the US military services are set up, especially regarding the PLA’s Civilian Cadre. CTTAU assesses that while some intentional obfuscation is almost certainly being used by the PLA to gain entry into the US, there are grey areas where it is difficult for the FBI and DOS to determine whether obfuscation is intentional or for nefarious tech transfer purposes. 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. There are also contract civilians who work for the PLA, but are not considered active duty military. Within investigations it may also appear as if students and scholars from particular MCF-designated and PLA-affiliated universities and institutions are obfuscating their respective affiliations by not declaring military service despite having academic advisors who are PLA officers, but the FBI has an incomplete understanding of the full nature of this student/scholar to academic advisor relationship. What the Lei Guan Case Revealed A partially redacted draft FBI report appeared as part of an exhibit in a non-motion response filed in the case of Lei Guan on July 12, 2021. It is titled Fourth Military Medical University Interviews and Arrests Likely Had Minimal Impact in Mitigating Technology Transfer Threats from PRC Students dated March 19, 2021. 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 had 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. Jump to: Overview Non-Armed Uniformed Services in the US “Startling” Claim by Assistant Attorney General John Demers What the Juan Tang Case Revealed What the Lei Guan Case Revealed The abrupt dismissal of visa fraud and other charges against five scientists from China in five separate “China Initiative” cases and the FBI reports from the discovery process exposed the weaknesses of the prosecutions, dissension in the FBI’s own ranks, and exaggerated claims of national security risks by the government. Previous Next 8. Five Visa Fraud Cases Dismissed

Newsletter - #11 Amicus Brief Filed; "Red Scare" Series Wins Award; Briefing For Senator Warner #11 Amicus Brief Filed; "Red Scare" Series Wins Award; Briefing For Senator Warner Back View PDF August 21, 2020 Previous Newsletter Next Newsletter

Newsletter - #297 12/11 Webinar - Ted Lieu; Gene Wu; Andy Kim; New CAPAC Leadership; AAJC #297 12/11 Webinar - Ted Lieu; Gene Wu; Andy Kim; New CAPAC Leadership; AAJC In This Issue #297 · Ted Lieu to Deliver Remarks at Tomorrow's Land Ownership Webinar · Gene Wu Elected Chair of Texas Democratic Caucus · Andy Kim Sworn in as U.S. Senator for New Jersey · CAPAC Elected New Leadership · AAJC Calls for Sign-on to Open Letter on Select Committee on CCP · News and Activities for the Communities Ted Lieu to Deliver Remarks at Tomorrow's Land Ownership Webinar U.S. Representative Ted W. Lieu 刘云平 will deliver the opening remarks at the webinar co-hosted by the Committee of 100 and APA Justice titled " The Impact of Land Ownership Exclusion Laws on Diverse Communities " on December 11, 2024. On November 19, 2024, Rep. Lieu was reelected as Vice Chair of the House Democratic Caucus, the fourth-highest position in House Democratic leadership. Lieu is a U.S. Air Force veteran and retired from the Reserve with the rank of Colonel. As a legislator, Lieu has established himself as a leader on artificial intelligence; the environment; cybersecurity; civil liberties; foreign affairs and veterans. As the highest-ranking Asian American in Congress, Lieu continues to champion policies promoting equity, justice, and inclusion.Register to attend the webinar today: https://bit.ly/3CEWK9p WHAT : From Past Prejudice to Present Policy: The Impact of Land Ownership Exclusion Laws on Diverse Communities WHEN: December 11, 2024, 5:00 pm - 6:00 pm ET WHERE: Webinar WHAT: Historically discriminatory policies are reemerging in state legislatures across the U.S. Originally designed to prevent non-citizens, particularly those from AAPI communities, from owning property, these laws are now being reframed as safeguards to national security. This webinar will discuss whether these laws properly address national security concerns or whether they are merely a pretext that infringes upon civil rights and liberties under the guise of protection. A panel of legal experts and advocates will delve into the history of alien land laws, examine their renewed impact on vulnerable communities and discuss key cases, including a bill recently introduced in Florida. This event is essential for anyone committed to upholding justice and equity in America. To learn more about current land ownership exclusion legislations, visit Committee of 100’s interactive map , which details specific bills, status, and text. Also, visit APA Justice Alien Land Bills webpage for the latest developments on current lawsuits challenging these laws and more. HOSTS: Committee of 100, APA Justice Moderator: Cindy Tsai , Interim President, Committee of 100 Opening Remarks: Ted Lieu, U.S. Representative (CA-36), Vice Chair of the House Democratic Caucus Speakers: · Edgar Chen , Special Policy Advisor, National Asian Pacific American Bar Association (NAPABA) · Ashley Gorski , Senior Staff Attorney, American Civil Liberties Union (ACLU) · Gene Wu , Chair of Texas House Democratic Caucus Closing Remarks: Jeremy Wu , Founder and Co-Organizer, APA Justice; Member, Committee of 100 REGISTRATION: https://bit.ly/3CEWK9p Gene Wu Elected Chair of Texas Democratic Caucus On December 4, 2024, the Texas House Democratic Caucus (HDC) elected Rep. Gene Wu (吴元之) as their new chair. Gene Wu has been representing District 137 in the Texas House of Representatives since 2013. He is known for his support of immigration, family and minority groups including Asians and Pacific Islanders, Blacks, and Hispanics. Rep. Gene Wu was the first legislator who brought the alien land laws to the attention of the public nationwide. He will speak at the webinar on " The impact of Land Ownership Exclusion Laws on Diverse Communities " on December 11, 2024. A dedicated advocate for the Asian Pacific American community in Texas and across the nation, Gene Wu regularly holds town hall meetings and travels nationwide, urging the community to confront the rising threat of anti-Asian legislation at both the state and federal levels. His 26-slide presentation offers a concise overview of the historical anti-Asian issue in the U.S., tracing its roots from the founding of the United States to the "China Week" in the U.S. House of Representatives in September 2024. He also presented this issue during his town hall meeting on September 29, 2024: https://bit.ly/3XN7Ujm (49:37). · Texas Tribune: Houston Rep. Gene Wu to lead Texas House Democrats through GOP-dominated legislative session · Houston Chronicle: Houston Rep. Gene Wu chosen as next Democratic leader in Texas House · Houston Public Media: Houston Rep. Gene Wu elected Chair of Texas House Democratic Caucus · Chron: Houston’s Gene Wu elected Texas House Democratic leader in surprise move Andy Kim Sworn in as U.S. Senator for New Jersey On December 8, 2024, Senator-elect Andy Kim was appointed to the United States Senate by Governor Phil Murphy , allowing him to assume office ahead of his elected term beginning on January 3, 2025. The appointment followed Kim’s certification by the Board of State Canvassers as the winner of the Senate race to succeed Bob Menendez . Kim was sworn in on Monday, December 9, 2024, becoming New Jersey’s newest senator.In a brief speech on the Senate floor, Senator Chuck Schumer (D-New York) welcomed Kim, who he called “one of the most respected and admired members of the House Democratic caucus, where his talent was only matched by his decency.” “Today, I am appointing Senator-elect Andy Kim to the United States Senate so he can begin his term in office before the new year begins,” Murphy said in an official statement. “Taking this step will allow Senator Kim to embark on the smoothest possible transition into his new role so he can hit the ground running serving the people of New Jersey,” Murphy said. Senator Kim expressed gratitude for the opportunity: “It’s an honor to get to represent the state that gave my family a chance at the American Dream in the U.S. Senate. It’s a dream that remains out of reach for too many of our neighbors, and one that I’m ready on day one to fight for. I want to thank Governor Murphy and Senator [George] Helmy for ensuring that New Jersey was well represented during this transition, and look forward to getting to work for the people.” On November 18, 2024, Senator-elect Kim addressed the APA Justice monthly meeting. He expressed gratitude to APA Justice for its efforts in addressing anti-Asian hate and discrimination and highlighted the challenges of creating a secure and inclusive environment for all, referencing his personal concerns for his children and elderly parents. Kim emphasized the importance of building coalitions to combat hate and discrimination in all forms, including policies like the China Initiative, which he described as fear-mongering. He pledged to continue fighting these issues in his role as a U.S. Senator and called on others to join him in these efforts. A summary of the November 18 APA Justice monthly meeting is being prepared at this time. Read the New Jersey Monitor report : https://bit.ly/3ZJDxfD and Governor Murphy's statement: https://bit.ly/4g6niz0 . CAPAC Elected New Leadership On December 4, 2024, the Congressional Asian Pacific American Caucus (CAPAC) announced its leadership for the 119th Congress. Rep. Judy Chu ( 赵美心 , CA-28) transitions to Chair Emeritus. The newly elected leadership includes · Rep. Grace Meng ( 孟昭文 , NY-06), Chair · Rep. Mark Takano ( 高野马克 , CA-39), First Vice-Chair · Rep. Jill Tokuda ( 德田吉尔 , HI-02), Second Vice-Chair · Rep. Ami Bera , M.D. (CA-06), Whip · Rep.-elect Suhas Subramanyam (VA-10), Freshman Representative APA Justice and other organizations issued statements reacting positively about the new leadership. · CAPAC Announces Newly Elected Leadership for the 119th Congress · APA Justice Applauds New CAPAC Leadership · APAICS Applauds Congresswoman Grace Meng’s Election as CAPAC Chair · NBC News: Rep. Grace Meng to lead congressional Asian caucus, replacing longtime chair Judy Chu · AsAm News: Grace Meng will lead congressional Asian caucus AAJC Calls for Sign-on to Open Letter on Select Committee on CCP Asian Americans Advancing Justice | AAJC is preparing to send an open letter to House leadership, opposing the reauthorization of the House Select Committee on the Strategic Competition between the United States and the Chinese Communist Party (Select Committee). This letter is born out of concern that the harmful and targeted policies supported by the Select Committee—including the revival of the DOJ’s China Initiative as well as various iterations of land laws— will only continue to ratchet up anti-Asian sentiment in the 119th Congress.To read the open letter and sign on, interested organizations are asked to complete this form: https://bit.ly/4950dKv News and Activities for the Communities 1. APA Justice Community Calendar Upcoming Events: 2024/12/10 National Immigration Inclusion Conference 2024/12/11 Webinar on Alien Land Laws2024/12/22 Rep. Gene Wu's Town Hall Meeting2025/01/05 Rep. Gene Wu's Town Hall Meeting2025/01/06 APA Justice Monthly Meeting2025/01/19 Rep. Gene Wu's Town Hall Meeting2025/02/02 Rep. Gene Wu's Town Hall Meeting2025/02/13-15 2025 AAAS Annual Meeting2025/02/16 Rep. Gene Wu's Town Hall MeetingVisit https://bit.ly/3XD61qV for event details. # # # APA Justice Task Force is a non-partisan platform to build a sustainable ecosystem that addresses racial profiling concerns and to facilitate, inform, and advocate on selected issues related to justice and fairness for the Asian Pacific American community. For more information, please refer to the APA Justice website at www.apajusticetaskforce.org . As part of its continuing migration to a new website under construction, we have moved the Newsletter webpage to www.apajusticetaskforce.org/newsletters . We value your feedback about the new web page. Please send your comments to contact@apajustice.org . Back View PDF December 10, 2024 Previous Newsletter Next Newsletter

Newsletter - #8 United States V. Tao Amicus Brief Sign On Request #8 United States V. Tao Amicus Brief Sign On Request Back View PDF August 7, 2020 Previous Newsletter Next Newsletter