Newsletter - #254 Citizenship Question; Lawsuit vs Florida SB 264; AA State Legislators; WIRED Report; + #254 Citizenship Question; Lawsuit vs Florida SB 264; AA State Legislators; WIRED Report; + In This Issue #254 · House Vote on "The Equal Representation Act" · Florida's Land Law Impacting Homebuyers and Industry Prompts Another Lawsuit · Trailblazing Asian American State Legislators · "Reforming Intelligence and Securing America Act" and WIRED Report · News and Activities for the Communities House Vote on "The Equal Representation Act" During the APA Justice monthly meeting on May 6, 2024, Nisha Ramachandran , Executive Director of Congressional Asian Pacific American Caucus (CAPAC), alerted the attendees that a vote on H.R. 7109 , the Equal Representation Act, in the House of Representatives was coming up. On May 8, 2024, Chairs of the Tri-Caucus, including CAPAC, Congressional Black Caucus (CBC), and Congressional Hispanic Caucus (CHC), recommended their Members vote against this legislation in a joint statement . H.R. 7109 passed the House by a vote of 206-202 along the party line. According to NPR , a growing number of Republican lawmakers are making a renewed push for an unprecedented change to the country's election maps. Their proposals call for excluding millions of non-U.S. citizens from the census results that determine each state's share of House seats and Electoral College votes. In the current Congress, GOP lawmakers have filed at least a dozen measures related to using the next once-a-decade head count to tally how many noncitizens are living in the country, and then subtracting some or all of those U.S. residents from what are known as the congressional apportionment counts.Rep. Jamie Raskin of Maryland, the top Democrat on the House oversight committee, referenced the Supreme Court's unanimous 2016 decision in the redistricting case known as Evenwel v. Abbott , which said that the 14th Amendment "calls for the apportionment of congressional districts based on total population" - the "whole number of persons in each state." Since the country's first population tally in 1790 — when one of the first lines of the Constitution required that an enslaved person be counted as "three fifths" of a free person and "Indians not taxed" not to be counted at all — both citizens and noncitizens living in the United States have been included in the apportionment counts, which the federal government has used to determine the size of each state's congressional delegation and slate of presidential electors.After the Civil War, the 14th Amendment called for the count to include the "whole number of persons in each state." (It took decades before the Census Bureau stopped omitting some American Indians from that tally.)According to The Hill , the government and nonprofits have dedicated years to education efforts encouraging noncitizens to respond to the Census, noting participation is never a basis for immigration enforcement.“A citizen’s only census, as this legislation intends, is reckless, cynical, and frankly, illegal,” Rep. Grace Meng (D-N.Y.) said on the House floor. “It is not the Census Bureau’s job to keep track of immigration status.”In a statement of administration policy , the Biden administration said it “strongly opposes” the measure “which would preclude the Department of Commerce’s Census Bureau from performing its constitutionally mandated responsibility to count the number of persons in the United States in the decennial census.”The Supreme Court ruled against a last-minute effort by the Trump administration to add the citizenship question to the 2020 Census. Media reports:2024/05/08 NPR : Republicans in Congress are trying to reshape election maps by excluding noncitizens report 2024/05/08 The Hill: House GOP passes bill to add citizenship question to census 2024/05/08 Government Executive: The House has voted to bring back a citizenship question to the census 2024/05/08 AP News: Republicans renew push to exclude noncitizens from the census that helps determine political power 2024/05/08 Forbes: 'An Insult': Jamie Raskin Trashes GOP Effort To Include Citizenship Question On The Census (7:36) Florida's Land Law Impacting Homebuyers and Industry Prompts Another Lawsuit The New York Times reported on May 6, 2024, that Florida's recent legislation, SB 264, restricting home purchases by Chinese citizens is increasingly affecting both buyers and the state's real estate sector.According to the report, more than three dozen states have enacted or are considering similar laws restricting land purchases by Chinese citizens and companies, arguing that such transactions are a growing threat to national security and that the federal government has failed to stop Chinese Communist Party influence in America. Florida’s law, which went into effect in July, is among the furthest reaching. In addition to barring Chinese entities from buying agricultural land, it effectively prohibits most Chinese individuals without a green card from purchasing residential property.The New York Times conducted more than a dozen interviews. Chinese residents in Florida voiced frustrations about being cut off from the ultimate American dream. Other residents of Chinese descent said they faced discrimination as they tried to buy a home. Some said they lived in fear over whether they may have inadvertently violated the law. The report further pointed out that the law has also had an apparent chilling effect on the real estate industry, an important part of the state’s economy. Developers often rely on Chinese investors to help build projects in Florida, and the law appears to have barred such financing, prompting pushback from a prominent real estate lobbying group. Chinese interests own less than 1 percent of foreign-held agricultural land in the United States, according to the U.S. Department of Agriculture. National security experts said that the specific threat posed by Chinese people owning homes has not been clearly articulated. Civil rights groups and residents have challenged the Florida law in federal court on grounds that it violates the Equal Protection Clause and the Fair Housing Act, and that it undercuts the federal government powers on foreign affairs. “There’s no evidence that Chinese homeownership poses harm to national security,” said Ashley Gorski , senior staff attorney with the American Civil Liberties Union, one of several groups that brought the suit.In addition, according to a press release on May 6, 2024, the National Fair Housing Alliance (NFHA), the Asian Real Estate Association of America (AREAA), Housing Opportunities Project for Excellence, Inc., and the Fair Housing Center of the Greater Palm Beach filed a fair housing discrimination suit in federal court in Miami challenging Florida’s SB 264.“Xenophobia has no place in our country—and let there be no mistake, that’s precisely what SB 264 is,” said Noah Baron , Assistant Director of Litigation at Advancing Justice - AAJC. “This legislation echoes last century’s ‘alien land laws,’ which also restricted the property rights of Asian Americans on the basis of stereotypes and prejudice. The United States must not continue down this dangerous road; we know where it leads because we have traveled it before: during World War II when unfounded suspicions of Japanese Americans led to the forced imprisonment of over 120,000 Japanese Americans by the U.S. government and going as far back as the 1882 Chinese Exclusion Act.” The lawsuit filed by Relman Colfax, Asian Americans Advancing Justice – AAJC, and Courtney Cunningham asserts that SB 264 violates the federal Fair Housing Act, which prohibits acts that are motivated by a person’s national origin or have a disproportionate harmful effect on people from specific countries. As described in the complaint, SB 264 is based on stereotyped and xenophobic generalizations, and is transparently motivated by discrimination against people from the seven targeted countries.Read the New York Times full report: https://nyti.ms/4bldrmi . Read the NFHA press release: https://bit.ly/3UQqGpB . Read the Advancing Justice | AAJC press release: https://bit.ly/3QD0o7Y .Lawsuits against Florida SB 264: · SHEN v. SIMPSON (4:23-cv-00208) , filed on March 22, 2023 · National Fair Housing Alliance, Inc. v. Secretary of Commerce (1:24-cv-21749) , filed on May 6, 2024 Juan Zhang, editor at US-China Perception Monitor, contributed to this report. Trailblazing Asian American State Legislators According to the 19th News , When Dr. Michelle Au mounted her first run for office in Georgia, a political operative said she shouldn’t “waste too much of her time” reaching out to Asian American voters. “Asian people don’t vote,” she was told. Au — elected as a state senator in 2020 and then, after new district lines were drawn, as state representative in 2022 — knows that this is not only inaccurate, but a dangerous miscalculation for anyone who wants to win races in Georgia. There are now more than 328,000 eligible AAPI voters in the state, making up just over 4 percent of the electorate. In Fulton County, where Au’s district is, AAPI voters constitute 10.5 percent of the eligible voter share. Dr. Michelle Au chairs the Georgia legislature’s first AAPI caucus, which is the largest state AAPI legislative caucus in the continental United States. Read the 19th News report: https://bit.ly/4buqUbv According to KGW8-TV , Mae Yih broke barriers to become the first Chinese-born woman in the United States elected to a state legislative chamber. She graduated from Barnard College in New York and was married in 1953. With her husband's job, Mae would soon find herself moving to Albany, Oregon. It was a place neither of them had ever heard of. "We had to look it up on map," said Yih. She became active on the school boards where her sons went to school and admits she was controversial. She would get noticed and soon get an invitation from the Democratic Party to run for office. "I was able to defeat a 14-year incumbent to be elected to the legislature. That's how I got started." She served 6 years in the Oregon House of Representatives (1977–1983) and 20 years in the Oregon Senate (1983–2003). She believes it's important for Asian Americans to keep breaking barriers, especially in politics. "We need more elected Asian Americans in government to uphold equal opportunity and equal justice for all," Yih said. At 95 years old, Mae Yih enjoys staying active. Read the KGW8-TV report and watch the video: https://bit.ly/4bpLgT2 (3:57). On May 6, 2024, Governor Gretchen Whitmer issued a proclamation marking May as Asian American and Pacific Islander (AAPI) Heritage Month in Michigan. “Michigan is a beacon of opportunity where people from all over the world came to for economic opportunity and success,” said Governor Whitmer. “In Michigan, we not only value and respect our differences, but we embrace them." Featured in the Proclamation were state Senator Sam Singh (D-East Lansing), state Senator Stephanie Chang (D-Detroit), state Representative Ranjeev Puri (D-Canton), and state Representative Mai Xiong (D-Warren). Read Governor Whitmer's press statement: https://bit.ly/4bry00n "Reforming Intelligence and Securing America Act" and WIRED Report During the APA Justice monthly meeting on May 6, 2024, Joanna YangQing Derman , Director, Anti-Profiling, Civil Rights & National Security Program, Advancing Justice | AAJC, reported that the Reforming Intelligence and Securing America Act was signed into law, reauthorizing Section 702 of the Foreign Intelligence Surveillance Act (FISA). It did not include two of the priorities: 1. Requiring the government to obtain a warrant to search through Americans sensitive communications and 2. Closing the data broker loophole. It was not the pursued policy outcome. However, Joanna highlighted that intervention by many AAPI groups has achieved results and paves the way for the longer term, including very strong House and Senate champions on the issue and a clean reauthorization that was not included in a must-pass vehicle. Reauthorization will come up again in two years.According to a report by WIRED on May 8, 2024, a top FBI official is encouraging employees to continue to investigate Americans using a warrantless foreign surveillance program known as Section 702 in an effort to justify the bureau’s spy powers. Obtained by WIRED , an April 20 email authored by FBI deputy director Paul Abbate to employees states: “To continue to demonstrate why tools like this are essential to our mission, we need to use them, while also holding ourselves accountable for doing so properly and in compliance with legal requirements.” Added Abbate: “I urge everyone to continue to look for ways to appropriately use US person queries to advance the mission, with the added confidence that this new pre-approval requirement will help ensure that those queries are fully compliant with the law.” “The deputy director's email seems to show that the FBI is actively pushing for more surveillance of Americans, not out of necessity but as a default,” says US representative Zoe Lofgren , a Democrat from California. “This directly contradicts earlier assertions from the FBI during the debate over Section 702’s reauthorization.”The limits of the 702 program remain murky, even to congressional members insisting that it should not be curbed further. The Senate Intelligence Committee chair, Mark Warner , acknowledged to reporters this week that language in Section 702 needs to be “fixed,” even though he voted last month to make the current language law.FISA experts had warned for months that new language introduced by the House Intelligence Committee is far too vague in the way it describes the categories of businesses the US government can compel, fearing that the government would obtain the power to force anyone with access to a target’s online communications into snooping on the NSA’s behalf—IT workers and data center staff among them.A trade group representing Google, Amazon, IBM, and Microsoft, among some of the world's other largest technology companies, concurred last month, arguing that the new version of the surveillance program threatens to “dramatically expand the scope of entities and individuals” subject to Section 702 orders.“We are working on it,” Warner told The Record on Monday. “I am absolutely committed to getting that fixed,” he said, suggesting the best time to do so would be “in the next intelligence bill.”Read the WIRED report: https://bit.ly/4dwJDoE News and Activities for the Communities 1. APA Justice Community Calendar Upcoming Events: 2024/05/13-14 2024 APAICS Legislative Leadership Summit2024/05/14 2024 APAICS: 30th Annual Awards Gala2024/05/14 Serica Initiative: 7th Annual Women's Gala Dinner 2024/05/14 National Historic Landmark Committee Meeting 2024/05/22 Heritage, Culture, and Community: The Future of America's Chinatowns2024/06/02 Rep. Gene Wu's Town Hall MeetingVisit https://bit.ly/45KGyga for event details. 2. National Historic Landmark Committee Meeting The National Historic Landmark (NHL) Committee under the National Park Service will meet virtually May 14-15, 2024. The Committee will consider eleven new nominations for National Historic Landmark designation, three updated nominations, and one withdrawal. One of the new nominations is Summit Camp, Tahoe National Forest, CA The Committee will recommend NHL actions to refer to the National Park System Advisory Board (NPSAB) for consideration. At its subsequent meeting, the NPSAB will vote on whether to recommend that the Secretary of the Interior proceed with these proposed designations, updated documentation, and withdrawal of designation. Read the meeting agenda and register to attend at https://bit.ly/3WB4bGq 3. Save the Date: 2024 National AAPI Leadership Summit & Presidential Town Hall APIAVote will hold its 2024 National AAPI Leadership Summit on July 11-12, 2024 at the Sheraton Philadelphia Downtown, where partners, experts, and communities nationwide converge to explore key issues and mobilize the AAPI community for the 2024 elections. The Summit will culminate with the Presidential Town Hall on July 13, 2024, at the Pennsylvania Convention Center in Philadelphia. This event connects presidential candidates with AAPI community leaders and organizers to discuss crucial issues. For more information, contact admin@apiavote.org Back View PDF May 10, 2024 Previous Newsletter Next Newsletter

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

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

Song Guo Zheng Previous Item Next Item

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

Newsletter - #10 Dr. Wei Su And Profiling Concerns; Professor Tao Motions To Dismiss; Vaccine Update #10 Dr. Wei Su And Profiling Concerns; Professor Tao Motions To Dismiss; Vaccine Update Back View PDF August 17, 2020 Previous Newsletter Next Newsletter

Newsletter - #176 4/17 Roundtable; Red Scare/McCarthyism; Texas; ISSCO Videos/Photos; Non-Random Surveys #176 4/17 Roundtable; Red Scare/McCarthyism; Texas; ISSCO Videos/Photos; Non-Random Surveys In This Issue #176 2023/04/17 Roundtable on a National Alert Network Fight Back the Return of the Red Scare and McCarthyism Chinese Americans Fight for Their Place in Texas Online Videos and Photos of the ISSCO 30th Anniversary Conference "Inference Using Non-Random Samples? Stop Right There!" 2023/04/17 Roundtable on a National Alert Network WHEN: Monday, April 17, 2023, 7:00 pm ET/4:00 pm PT WHAT: Online Roundtable DESCRIPTION: Inaugural roundtable to establish the purpose and functions of a national media alert network and strike teams to assertively address immediate xenophobic challenges to our freedoms and longer-term proactive actions to ensure fairness and justice for all, including the Asian American and Pacific Islander (AAPI) and immigrant communities. REGISTRATION: This is an event by invitation only to guests and official representative(s) of AAPI organizations. Members at the Roundtable will be sent a panelist link. Others please register at http://bit.ly/3KvlMI8 Fight Back the Return of the Red Scare and McCarthyism According to a report by the Los Angeles Times on April 9, 2023, the far-rightring site Daily Caller, co-founded by Fox News showman Tucker Carlson , published a hit piece devoid of damning facts, heavy on innuendo and liberally sprinkled with the words "alleged" and "allegedly," that painted former Los Angeles Mayor Eric Garcetti and Walter Wang as dangerous stooges of the Chinese Communist Party. Walter Wang, a Taiwanese immigrant, is chief executive of Los Angeles-based pipe manufacturer JM Eagle and a longtime American citizen.Wang 's friends and close business associates know better than to believe the story, "but the people who are not close to me and don't know me well are going to think of me now in a negative light. It could really hurt my reputation." The Garcetti piece also lit into Dominic Ng , Chief Executive of Pasadena-based East West Bank. And previous Daily Caller stories have taken aim at Frank Wu , the president of Queen's College, City University of New York, and Asian Americans involved with the mainstream news outlet the China Project. As tensions rise between the governments of the United States and China, the Daily Caller has leaned into narratives with a similar theme: Chinese and Taiwanese Americans with any connections to China are probably up to some unAmerican activities."If every Chinese American in a photo with any Chinese official is suspect, you're talking about every successful Chinese person," said Frank Wu, "this is about whether or not you have an Asian face."Wu himself became a target of accusations by the Daily Caller last December. That story went after an English language news site called the China Project. No solid facts underpin the innuendo. The article named Wu and other ethnic Asians who sit on the China Project's advisory board. They "appear to belong," the Daily Caller said, to a group called the Committee of 100. Wu says he is in fact a proud members of the committee, which was founded by architect I.M. Pei and cellist Yo-Yo Ma and comprises prominent Chinese Americans who work together to address political, cultural and economic issues between the U.S. and China.Wu, Ng, and Wang see the articles as part of a poisonous campaign to smear political opponents, an approach that pairs McCarthy-era Red Scare tactics with anti-Asian racism.At the same time, all three say they enjoy powerful positions that protect them to some extent from the worst forms of racism.Asian Americans in general have been known to keep a low profile in politics, but it is time to speak up. "We can't just be talking among ourselves in the Asian community, the outreach has to be broader. I'm worrying about being the silent majority," Ng said."We have to fight this," said Wang, who is contemplating a lawsuit. "If we don't fight it, who will?" Read the Los Angeles Times report: http://bit.ly/3GqwM8I Chinese Americans Fight for Their Place in Texas According to a report by the Texas Tribune on April 3, 2023, a mid-January Twitter post by Governor Greg Abbott alerted Chinese Americans across Texas that their rights might be trampled as state lawmakers rushed to burnish their geopolitical credentials.On January 15, the Republican governor told his 1 million followers he was ready to sign into law Texas Senate Bill 147 that would ban “citizens, governments & entities” of China, Iran, North Korea and Russia from purchasing land in the state, in effect blocking some immigrants from becoming homeowners.The bill restricting land ownership was followed by kindred proposals to ban international college students from those same countries and to cut off Texans’ access to TikTok and another social media platform that’s become crucial for the Chinese diaspora living in the state to communicate with family in China.As the Legislature’s work has ramped up, the political headwinds have drafted Chinese Americans into defending their foothold in a state where many have lived for decades, and where Asian Americans have reliably made up the fastest-growing segment of population for years. They’ve grown fearful of a legislative culture that could feed challenges to the rights of Asian Texans, as well as Texans from the other targeted countries. “You can target foreign governments, you can target [the] foreign Chinese Communist Party, but you have to separate that from the individuals that are already in this country and protected by the Constitution,” said Hugh Li , president of the Austin Chinese-American Network and a naturalized citizen of 18 years. “This is our land too. This is our home too. So for the Texas Legislature to want to pass these kinds of bills targeting us and strip away our rights, it’s just not right.”More recently, House Bill 2206 was introduced to ban social media platforms “developed or provided” by entities in the four countries. The social media bill echoes federal efforts to scrutinize popular platforms like TikTok and WeChat over security concerns related to China’s access to Americans' data.The proposals have left it to Chinese Americans to delineate for lawmakers that their lives in Texas exist far apart from geopolitical considerations. At a House hearing in March, a contingent of Chinese Americans waited more than six hours to testify against the legislation that would ban social media platforms, detailing how they rely on WeChat to stay in touch with family. They held up screenshots of video chats between grandparents and grandchildren. One Texan grew emotional as they described how the bill would sever the “bridge for emotional connection” for many Chinese Americans.WeChat is used by 1.3 billion people every month. In China, the platform is reportedly heavily censored and serves as an instrument for mass government surveillance. In households across the state, however, Chinese Americans primarily rely on the messaging and calling tools available through WeChat to connect with family members and friends back in China, where the use of the app is ubiquitous and where other social media or messaging platforms like Facebook and WhatsApp are banned.In 58 pages of testimony submitted in writing to the committee, Texans described WeChat as an “indispensable lifeline connecting us to our families, friends, and culture.” Some described how the use of WeChat in the U.S. has grown into an important tool for businesses connecting with supplies overseas. It was crucial for Chinese restaurants fighting to stay afloat at the start of the COVID-19 pandemic. It’s used by day cares to send notifications to parents and by community groups to distribute news, notifications and even weather warnings that otherwise would not be translated from English. The app even serves as a platform for Bible studies among Chinese-speaking churches.Others raised claims of unconstitutionality and questioned why Chinese Americans would be targeted in what they described as an affront to their First Amendment and equal protection rights. Federal courts blocked the Trump administration’s 2020 efforts to block TikTok and WeChat in the United States through executive orders, though the effort has more recently gained bipartisan support in Congress, where national security concerns have reverberated among lawmakers from both parties. Some described how the use of WeChat in the U.S. has grown into an important tool for businesses connecting with supplies overseas. It was crucial for Chinese restaurants fighting to stay afloat at the start of the COVID-19 pandemic. It’s used by day cares to send notifications to parents and by community groups to distribute news, notifications and even weather warnings that otherwise would not be translated from English. The app even serves as a platform for Bible studies among Chinese-speaking churches.Others raised claims of unconstitutionality and questioned why Chinese Americans would be targeted in what they described as an affront to their First Amendment and equal protection rights. Federal courts blocked the Trump administration’s 2020 efforts to block TikTok and WeChat in the United States through executive orders, though the effort has more recently gained bipartisan support in Congress, where national security concerns have reverberated among lawmakers from both parties. “It’s just a reminder that the place of immigrants in this country and this state is so tenuous, and it can all be taken away so easily,” she said.Read the Texas Tribune report: http://bit.ly/40RvbRi Online Videos and Photos of the ISSCO 30th Anniversary Conference ISSCO, the International Society for the Study of Chinese Overseas, was established in 1992. On November 11-12, 2022, ISSCO convened its 30th Anniversary Conference in San Francisco.Five videos from the plenary sessions of the conference are online: Keynote by Mae Ngai and Welcome (1:22:08). Introduction: Lok SIU; Welcome: Raka RAY, LIN Rupeng, LI Minghuan, WANG Gungwu, and Ling-chi WANG; Keynote: Mae M. NGAI Racial Profiling and Discrimination against Chinese American Scientists and Engineers (1:39:06). Speakers: Sherry CHEN, Xiaoxing XI, Gang CHEN, and Jeremy S. WU; Moderator: Lillian K. SING The Pandemic and Anti-Asian Violence in the U.S. (1:30:43). Welcome: Lok SIU; Speakers: Russell JEUNG, John WALSH, and Cynthia CHOI, Moderator: Henry DER Changing US-China Relations and Their Impact on Chinese in the U.S. and Elsewhere (1:27:43). Speakers: Julie TANG, Gordon CHANG, K.J. NOH, and George KOO; Moderator: Don TOW; Concluding remarks: Lok SIU ISSCO Founders Roundtable (54:24). Moderator: Madeline HSU; Slideshow by: Wei LI; Speakers: Ling-chi WANG, Karen HARRIS, Emmanuel MA MUNG, and Teresita ANG SEE An album of photos from the conference is available here: https://bit.ly/3mj3py2 . If you would like to use the photos for any purpose, please contact the photographer Joyce Xi at joyceyxi11@gmail.com . Joyce can also provide higher-resolution files. "Inference Using Non-Random Samples? Stop Right There!" Surveys are commonly used to measure the current state of affairs or the opinions of a group of people. One of the most significant scientific innovations at the end of the nineteenth century is the introduction of probability-based or random sampling. According to the Significance Magazine in October 2021 ,"statistical inference is a powerful concept. Among other things, it allows us to infer information about a population based on a sample of data from that population. To make appropriate inferences from sample to population, certain pre-conditions need to be met. One of these pre-conditions is that data come from a random sample." Incredibly, a small random sample of say 1,000 individuals would allow statistical inference to be made about the Chinese American population of about 5.5 million within some margin of measurable sampling error.However, random surveys can be costly, laborious, and difficult to conduct. Non-random surveys are also conducted, but the scope of inference is limited to the survey respondents. The temptation to go beyond this boundary is strong. The Significance article observes that inferential statistics should not be used in non-random studies. "However, in many cases, they are. A lack of awareness of the need for random sampling among researchers leads them to go through the motions... Even when researchers themselves do know this, they can find themselves compelled to perform inference by ignorant referees.""in short, if we do not start with a random sample, turning what we have into one is challenging or even impossible. In such cases, we should accept the hard truth that statistical inference is not possible. We must simply report what the data show - and refuse to push them statistically further," the Significance article concludes.In a separate article by Nature in December 2021 which examined the estimates of first-dose COVID-19 vaccine uptake in US adults from 9 January to 19 May 2021, it was shown "how a survey of 250,000 respondents can produce an estimate of the population mean that is no more accurate than an estimate from a simple random sample of size 10. Our central message is that data quality matters more than data quantity, and that compensating the former with the latter is a mathematically provable losing proposition." Next time you see the release of a survey and its results, you may want to look deeper into how the inferences are made on the respondents only or an entire population. 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 10, 2023 Previous Newsletter Next Newsletter

Newsletter - #116 "China Initiative" Briefing; AAASE Lecture; Editorials; 3/7 Meeting; Hate Crime Update #116 "China Initiative" Briefing; AAASE Lecture; Editorials; 3/7 Meeting; Hate Crime Update Back View PDF March 1, 2022 Previous Newsletter Next Newsletter

Newsletter - #310 Getting China Right at Home; Trump Action Tracker; Birthright Citizenship; DEI Attacks #310 Getting China Right at Home; Trump Action Tracker; Birthright Citizenship; DEI Attacks In This Issue #310 · Launch of ACF: Getting China Right at Home · Litigation Tracker: Legal Challenges to Trump Administration Actions · Lawsuits Against Executive Orders on Birthright Citizenship and DEI · Understanding Attacks on DEI in Higher Ed · News and Activities for the Communities Launch of ACF: Getting China Right at Home On February 3, 2025, the School of Advanced International Studies (SAIS) of Johns Hopkins University offcially launched the Institute for America, China, and the Future of Global Affairs (ACF). ACF aims to add rigor and reason to the public and policy conversation about China and the variety of domestic and international issues that intersect China’s global role, bringing together experts and practitioners to foster informed public dialogue, promote evidence-based research, and support the next generation of scholars and practitioners. Jim Steinberg , Dean of Johns Hopkins University SAIS, and Jessica Chen Weiss , Inaugural Faculty Director of ACF and David M. Lampton Professor of China Studies, Johns Hopkins University SAIS, led off the all-day event with welcoming remarks. Senator Andy Kim discussed what is at stake in U.S. policy on China in a Fireside Chat .According to the inaugural ACF report titled Getting China Right at Home: Addressing the Domestic Challenges of Intensifying Competition , there is bipartisan agreement that advancing American interests requires getting policy right at home on issues from technology, data, trade, investment, energy, law, and labor, to the concerns of local constituencies, including governors, mayors, and Chinese Americans. Getting China Right at Home offers a spectrum of fresh perspectives on ways to center the vitality of American democracy, economy, and society in the United States’ strategy toward China.ACF is in Johns Hopkins Bloomberg Center, 555 Pennsylvania Ave NW, Washington, D.C. 20001. Contact saisacf@jh.edu for more information.In an interview with the South China Morning Post on February 3, Weiss argues that the U.S.-China rivalry need not be a zero-sum game. She emphasizes the importance of recognizing areas where both nations can cooperate for mutual benefit, suggesting that a collaborative approach could lead to more positive outcomes than a purely competitive stance. Weiss advocates for policies that balance competition with engagement, aiming to manage differences while working together on global challenges. Read the South China Morning Post interview: https://bit.ly/3Qa8h3K Litigation Tracker: Legal Challenges to Trump Administration Actions On January 29, 2025, Just Security launched a Tracker monitoring legal challenges to Trump Administration actions. The Tracker is expected to expand with periodic updates. It features a search function and allows sorting by Topic, Executive Action, Case Name, and Date Filed. To help maintain its accuracy and completeness, missing cases and updates should be reported to lte@justsecurity.org . As of February 5, 2025, the Tracker at https://bit.ly/3QpPIsR has 35 entries: Immigration and Citizenship (12) · Birthright Citizenship Executive Order (7) · Punishment of sanctuary cities and states (1) · "Expedited Removal" Executive Order (2) · Discontinuation of CBP One app Executive Order (1) · Access of Lawyers to Immigrants in Detention Executive Order (1) Structure of Government/Personnel (12) · Reinstatement of Schedule F for Policy/Career Employees Executive Order (3) · Establishment of "Department of Government Efficiency" (DOGE) Executive Order (4) · Solicitation of information from career employees (1) · Disclosure of personal and financial records to DOGE (2) · "Fork Directive" deferred resignation offer to federal employees OPM Directive (1) · Removal of agency employees (1) Government Grants, Loans and Assistance (2) · “Temporary Pause” of grants, loans, and assistance programs (2) Civil Liberties and Rights (5) · Housing of transgender inmates Executive Order (2) · Ban on transgender individuals serving in the military Executive Order (1) · Ban on gender affirming care for individuals under the age of 19 ender Ideology Executive Order ; Denial of Care Executive Order (1) · Immigration enforcement against places of worship Policy Memo (1) Diversity, Equity, Inclusion, and Accessibility (1) · Ban on DEIA Initiatives in the executive branch and by contractors Executive Order ; Contracting Executive Order (1) Removal of Information from Government Websites (1) · Removal of information from HHS websites under Executive Order on "Gender Ideology Extremism" Executive Order ; Policy Memo (1) Actions Against FBI/DOJ Employees (2) · Department of Justice review of FBI personnel involved in January 6 investigations Executive Order on Weaponization (2) Lawsuits Against Executive Orders on Birthright Citizenship and DEI According to the National Park Service , "Chinese Americans filed more than 10,000 lawsuits to fight the discriminatory laws enacted in the United States in the late 1800s and early 1900s.” Twenty of these cases were heard by the US Supreme Court. These cases set legal precedents for many landmark human rights lawsuits. In addition, Part 2 of the 2003 PBS Documentary on " BECOMING AMERICAN: The Chinese Experience " describes how the Chinese boldly filed over 10,000 lawsuits challenging laws and practices designed to harass and oppress them. When Wong Kim Ark , a 22-year-old cook born in San Francisco, sued to be considered a citizen, it was a decisive victory against discriminatory legislation. We thank those who came before us for their courage and perseverance in securing the freedoms we enjoy today. It is our responsibility to honor their legacy by continuing the fight for future generations.On January 30, 2025, OCA - Asian Pacific American Advocates filed a lawsuit challenging President Donald Trump ’s executive order on birthright citizenship. OCA - Asian Pacific American Advocates v. Rubio (1:25-cv-00287) argues that the order is unconstitutional and would cause irreparable harm to immigrant families, including OCA members expecting children who would be denied citizenship. Filed in the U.S. District Court for the District of Columbia, it is one of eight known lawsuits against the order (one of which was consolidated in the same U.S. District Court). The legal team is led by Arnold & Porter Kaye Scholer LLP and Asian Americans Advancing Justice-AAJC. Read the complaint: https://bit.ly/3WMKlHA .According to New York Times on February 5, 2025, Judge Deborah L. Boardman issued a preliminary injunction blocking President Trump’s attempt to unilaterally eliminate automatic U.S. citizenship for children born to undocumented or temporary immigrants on U.S. soil. The injunction applies nationally and is more permanent than the 14-day temporary restraining order issued on January 23 by a federal judge in Seattle. In most cases, a preliminary injunction remains in force until a case is resolved or a higher court overturns it. “The executive order conflicts with the plain language of the 14th Amendment, contradicts 125-year-old binding Supreme Court precedent and runs counter to our nation’s 250-year history of citizenship by birth,” Judge Boardman ruled. “The United States Supreme Court has resoundingly rejected the president’s interpretation of the citizenship clause of the 14th Amendment. In fact, no court in the country has ever endorsed the president’s interpretation. This court will not be the first.” The Institute for Constitutional Advocacy and Protection at Georgetown University Law Center is representing the plaintiffs in CASA Inc. et al v. Trump et al (8:25-cv-00201) On January 20, 2025, the Chairs of the Congressional Tri-Caucus—Congressional Asian Pacific American Caucus (CAPAC) Chair Rep. Grace Meng (NY-06), Congressional Black Caucus (CBC) Chair Rep. Yvette Clarke (NY-09), and Congressional Hispanic Caucus (CHC) Chair Rep. Adriano Espaillat (NY-13) issued a joint statement condemning President Trump’s executive order to end birthright citizenship, calling it a violation of the 14th Amendment and his constitutional duty. They emphasized that birthright citizenship, upheld in the 1898 Wong Kim Ark case, is a fundamental right and vowed to oppose any efforts that undermine equality, justice, and civil rights.On February 4, 2025, a coalition of higher education and civic leaders filed a lawsuit to stop President Trump’s anti-DEI executive orders. National Association of Diversity Officers in Higher Education v. Trump (1:25-cv-00333) challenging two Trump executive orders that seek to eliminate diversity, equity, inclusion, and accessibility (DEIA) initiatives. The first order mandates the removal of DEIA programs and professionals from federal agencies and halts “equity-related” grants and contracts. The second order threatens federal funding, civil investigations, and enforcement actions against DEIA programs, both in the public and private sectors. National Association of Diversity Officers in Higher Education, American Association of University Professors, Restaurant Opportunities Centers United, and Mayor and City Council of Baltimore, Maryland, argue that these orders are unconstitutional, violate free speech protections, and unlawfully usurp congressional control over federal funding. The lawsuit was filed in the U.S. District Court for the state of Maryland. The legal team is led by Asian Americans Advancing Justice-AAJC and Democracy Forward Foundation. Read the complaint: https://bit.ly/42JONuC . Understanding Attacks on DEI in Higher Ed On January 31, 2025, the Chronicle of Higher Education announced a diversity, equity, and inclusion (DEI) Legislation Tracker on bills that would prohibit colleges from requiring classes to graduate that promote concepts such as systemic racism, reparations, and racial or gender diversity, or from offering student-orientation programs with such content. The Tracker allows readers to quickly understand what practices are at risk of being banned, where legislation is making progress, and what laws have been enacted. If the summations of the legislation are not enough, links to browse through the bills themselves are provided. The Chronicle invites questions and comments to editor@chronicle.com . Read the DEI Legislation Tracker: https://bit.ly/4goHoDX The Chronicle of Higher Education has also been documenting the reduction of DEI initiatives across numerous U.S. colleges and universities. As of January 31, 2025, their tracking indicates that 232 campuses in 34 states have altered or eliminated DEI-related offices, positions, training programs, diversity statements, and other activities. These changes are largely in response to anti-DEI legislation and mounting political pressure. The pace of these modifications has increased, especially with the federal administration's intent to remove DEI efforts across various sectors, including higher education. The Chronicle's resource provides detailed information on these developments, helping readers understand the evolving landscape of DEI in academia. Read the most recent updates: https://bit.ly/3CPOT9f News and Activities for the Communities 1. APA Justice Community Calendar Upcoming Events: 2025/02/10 Federal Employees: What are my whistleblower rights?2025/02/12 Federal Employees: How might my benefits be affected?2025/02/13 China Initiative: Impacts and Implications2025/02/13-15 2025 AAAS Annual Meeting2025/02/16 Rep. Gene Wu's Town Hall Meeting2025/02/18 Protecting Our Organizations: 501(c)(3) Nonprofit Compliance Virtual Training2025/02/23 World Premier of "Quixotic Professor Qiu" with Xiaoxing Xi2025/03/02 Rep. Gene Wu's Town Hall Meeting2025/03/03 APA Justice Monthly Meeting Visit https://bit.ly/3XD61qV for event details. 2. February is Black History Month Black History Month is an annual observance in February that honors the history, achievements, and contributions of African Americans. It was established by historian C arter G. Woodson in 1926 as Negro History Week and later expanded to a month-long celebration in 1976. The month serves as a time to recognize the struggles and triumphs of Black Americans throughout U.S. history, from the fight against slavery and segregation to advancements in civil rights, culture, politics, science, and more. Various events, educational programs, and community activities are held nationwide to celebrate and reflect on African American heritage. 3. Book: The Rise of Chinese American Leaders in U.S. Higher Education The softcover edition of The Rise of Chinese American Leaders in U.S. Higher Education: Stories and Roadmaps, has been released with a discount code valid until February 12, 2025. The book explores the history, challenges, and achievements of Chinese Americans in academia, featuring 36 narratives from chancellors, presidents, deans, and other leaders. It highlights their contributions to higher education, diversity, and social justice while addressing barriers like the "bamboo ceiling." For more information, visit: https://bit.ly/411FQeF # # # 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 7, 2025 Previous Newsletter Next Newsletter

1. The Human and Scientific Costs of The "China Initiative" 2020-2022 China Initiative Wednesday, September 30, 2020 This is the first of a series of webinars to examine the ramifications of the U.S. Justice Department’s “China Initiative” on the civil rights and security of Chinese Americans, Chinese immigrants, and Chinese Nationals working in the U.S., as well as the consequences for the broader American society. The inaugural webinar is designed to provide policy-makers, journalists, attorneys, and community advocates with an overview of the “China Initiative” and the efforts civil rights advocates and the scientific community are making to protect the rights of those investigated and targeted under this discriminatory framework. 20200930 ChinaInitiativeWebinar.jpg Previous Item Next Item

Nearly two years later, a 21-year-old Texas man who attempted to kill an Asian man and his young child has pleaded guilty to federal hate-crime charges. February 24, 2022 On February 24, 2022, the Washington Post published Texas man accused of attacking Asian family over racist coronavirus fears pleads guilty to hate-crime charges . A 21-year-old Texas man, Jose Gomez III, who attempted to kill an Asian man and his young child because he thought they were Chinese — and therefore, he said, responsible for the coronavirus pandemic — has pleaded guilty to federal hate-crime charges. He slashed the 6-year-old boy’s face. “The blade entered millimeters from [the boy’s] right eye, split his right ear, and wrapped around to the back of his skull,” prosecutors said. Gomez then stabbed a White employee who had intervened to stop the attack. Justice Department officials said that while Gomez was pinned down after being subdued, he yelled to the family, “Get out of America!” Gomez later told local authorities that he had never seen the father before but had perceived him as a “threat” because he supposedly “came from the country who started spreading the disease around.” He admitted to trying to kill the father and the 6-year-old in an effort to “stop the threat.” Gomez pleaded guilty to three counts of committing a hate crime and faces a maximum sentence of life in prison and a total of $750,000 in fines. Nearly two years later, a 21-year-old Texas man who attempted to kill an Asian man and his young child has pleaded guilty to federal hate-crime charges. Previous Next Texas man accused of attacking Asian family over racist coronavirus fears pleads guilty to hate-crime charges