Newsletter - #139 Special Edition on the Campaign to Oppose the Nomination of Mr. Casey Arrowood #139 Special Edition on the Campaign to Oppose the Nomination of Mr. Casey Arrowood Back View PDF August 24, 2022 Previous Newsletter Next Newsletter

Newsletter - #86 Media on Anming Hu and UTK; 10/05 Meeting; New on "China Initiative"/Baylor; PCAST #86 Media on Anming Hu and UTK; 10/05 Meeting; New on "China Initiative"/Baylor; PCAST Back View PDF September 28, 2021 Previous Newsletter Next Newsletter

On September 9, 2021, Judge Thomas Varlan issued a Memorandum Opinion and Order and acquitted Professor Anming Hu of all charges in his indictment. September 9, 2021 On September 9, 2021, Judge Thomas Varlan issued a Memorandum Opinion and Order and acquitted Professor Anming Hu of all charges in his indictment. Professor Hu is the first academic to go to trial under the "China Initiative." Read more about the latest developments and background of Professor Hu's case at Anming Hu . On September 9, 2021, Judge Thomas Varlan issued a Memorandum Opinion and Order and acquitted Professor Anming Hu of all charges in his indictment. Previous Next Professor Anming Hu Acquitted

Newsletter - #309 TX New Year; Trump Order Blocked; Senate Hearing; Town Hall/Webinars/Training; Science #309 TX New Year; Trump Order Blocked; Senate Hearing; Town Hall/Webinars/Training; Science In This Issue #309 · Texas Officially Recognizes Lunar New Year · NYT : Temporary Order Blocks Trump's Directive · Senate Foreign Relations Committee Hearing on "Malign PRC Influence" · ACLU Town Hall; Webinars for Feds; Training for Non-Profits · Trump Administration Upends U.S. Science · News and Activities for the Communities Texas Officially Recognizes Lunar New Year On January 29, 2025, the Texas House of Representatives officially recognized Lunar New Year, highlighting its significance across various Asian cultures. Representative Gene Wu emphasized the inclusivity of the term "Lunar New Year," noting that the celebration is widely observed. Joining Wu, Representative Angie Chen Button shared traditions associated with the holiday, advising to wear one's best outfit, enjoy good food, and avoid working too hard on that day. Representative Hubert Vo highlighted the symbolism of the Year of the Snake, urging members to "adapt to these new times, renew our commitment to the people of Texas, and seek wisdom with all our endeavors." The resolution's adoption underscores Texas's recognition of its diverse cultural heritage and the importance of inclusivity. Resolution 52 was introduced by Reps. Gene Wu, Angie Chen Button, Hubert Vo, Salman Bhojani , and Suleman Lalani . Read the AsAmNews report: https://bit.ly/3Q3wfhj NYT : Temporary Order Blocks Trump's Directive According to the New York Times , on Januay 31, 2025, Judge John J. McConnell Jr. ordered the Trump administration to keep taxpayer dollars flowing to 22 Democratic-leaning states for all congressionally approved government programs, including those that could run afoul of President Trump ’s ideological tests. The 13-page decision is a temporary but significant victory for the Democratic attorneys general from those states and the District of Columbia, who sued the administration in U.S. District Court for the District of Rhode Island. The order applies only to the states that filed the lawsuit. In that sense, it may create a divide between Democratic states that will continue to have funds flowing and Republican states that will still face uncertainty.The order requires the administration not to “pause, freeze, impede, block, cancel, or terminate” taxpayer money already allocated by Congress. Judge McConnell did not specify an expiration date, which adds an obstacle to Mr. Trump’s plans to aggressively reshape the government around his own agenda. Another federal judge in Washington, D.C., issued an earlier administrative stay on Tuesday blocking the initial order from the White House Office of Management and Budget to freeze as much as $3 trillion in federal money while the review for ideological compliance continued. That stay was set to expire on February 3, 2025.The Trump administration has sent conflicting signals about the freeze, rescinding the memo that ordered it but signaling that the review of the ideological tilt of previously funded federal programs would continue.“This is NOT a rescission of the federal funding freeze,” the White House press secretary, Karoline Leavitt , said on January 29, in a social-media post that was introduced as evidence in the lawsuit. She added that the president’s executive orders “on federal funding remain in full force and effect, and will be rigorously implemented.”Judge McConnell’s order countermanded that claim, calling out Leavitt’s statement and requiring the Trump administration not to reintroduce the freeze “under any other name or title.”Read the New York Times report: https://nyti.ms/3Cl0AEY Senate Foreign Relations Committee Hearing on "Malign PRC Influence" On January 30, 2025, the Senate Foreign Relations Committee held a hearing titled "The Malign Influence of The People's Republic of China at Home and Abroad: Recommendation for Policy Makers." The Committee is chaired by Senator Jim Risch (R-ID). The Ranking Member is Senator Jeanne Shaheen (D-NH).Four witnesses testified at the hearing: · Peter Mattis , President, The Jamestown Foundation, Washington, D.C. ( testimony ) · Jeffrey Stoff ; Founder, Center for Research Security and Integrity, Herndon, VA ( testimony ) · Melanie Hart , Senior Director, Global China Hub, Atlantic Council, Washington, D.C. ( testimony ) · Jennifer Lind , Associate Professor of Government, Dartmouth College, Hanover, NH ( testimony ) According to a video posted at https://bit.ly/3PZYY6M , the hearing covered a wide-ranging issues on the malign influence of China. Senator Risch was particularly focused on purported malign Chinese influence on American higher education campuses. He said at one point, "the Chinese students are not studying ancient Greek history, they're here with the STEMs and the national security issues and everything else. And each and everyone of them, whether they like it or not, is an agent of the Chinese Communist Party. When they go back, we all know they get debriefed and any information they've garnered here in the United States becomes the property of the Chinese Communist Party."This offensive statement perpetuates the harmful stereotype of Asians—specifically Chinese students—as perpetual foreigners by unfairly assuming disloyalty based solely on national origin, reinforcing xenophobic narratives that have historically led to discrimination, exclusion, and government overreach. It echoes past rhetoric about "non-traditional collectors," the "thousand grains of sand" theory, and "fifth columns"—all of which have repeatedly been debunked. While national security concerns are legitimate, addressing them requires evidence-based policies, not sweeping generalizations that stigmatize an entire group. The U.S. thrives on openness, academic exchange, and attracting global talent—values that must not be undermined by fear-driven rhetoric. As part of her comment at the hearing, Melanie Hart stated,"we need a scalpel for this and not a sledgehammer. It is in US national interest to keep the pipeline for student exchange open. We are in a pitched battle for global tech supremacy."As part of her written testimony, Jennifer Lind said, " let me conclude by noting that as we formulate our responses to Chinese malign influence operations, U.S. leaders should be thinking not only about this negotiation with Beijing, but also about whether our responses uphold our own values. Among our people number millions of Chinese American citizens. We find ourselves in a complex situation in that our adversary is already – at this early stage and in peacetime – harassing and coercing good Americans to work against their country on its behalf. "As U.S. leaders evaluate policy responses to Chinese operations, it’s helpful to think about similar situations in the history of U.S. national security policy, and to ask ourselves what we got right and wrong. U.S. leaders should have this conversation (as indeed the Committee is doing today) with members of America’s free and vibrant civil society: which sets us apart from authoritarian rivals and indeed is one of our country’s strengths. "In World War II, the U.S. government imprisoned Japanese American citizens in camps in violation of the U.S. Constitution. In the Cold War, the Red Scare of McCarthyism violated the rights and ruined the lives of many people. The aftermath of September 11, 2001 in some ways offers a more optimistic example. President George W. Bush made it crystal clear to Americans that we were not fighting a war against Islam, but against a terrorist group that had twisted Islam’s teachings. This kind of strong leadership was essential then and is essential today. "It is important for Americans to recognize that in the security competition with China lurk not only geopolitical dangers, but dangers to our people and values. As that competition becomes more intense, and as we get frustrated that an authoritarian society is exploiting our free one, while we protect ourselves against Chinese influence operations in the ways recommended here, we must also honor our own values. " ACLU Town Hall; Webinars for Feds; Training for Non-Profits WHAT: ACLU Town Hall: Fightinh Trump's First Attacks WHEN: February 4, 2025, 4:30 pm ET/1:30 pm PT WHERE: Virtual event HOST: American Civil Liberties Union (ACLU) DESCRIPTION: The town hall will focus on the ACLU's response to the Trump administration's very first actions in office, including attempts to end birthright citizenship, shut down the southern border to asylum seekers, ban health care for transgender youth, and dismantle the core principles of diversity, equity, and inclusion. The speakers will provide key insights into the ACLU's response to the Trump administration, from litigation to advocacy and grassroots organizing, as well as the crucial role states and cities have to play in protecting our freedoms. Importantly, more than just a briefing, the town hall will be a space for community and solidarity as we work to defend our democracy and advance the fight for justice and equality. REGISTRATION: https://bit.ly/4hwsZa4 ***** WHAT: Federal Employee Explainer Series HOST: Partnership for Public Service WHERE: Webinar series WHEN: 1. February 4, 2025, 6:00 pm - 7:00 pm ET. What if my employment status changes?Description : Understanding reductions in force (RIF), probationary periods and administrative leave 2. February 6, 2025, 6:00 pm - 7:00 pm ET. What are my rights as an employee?Description : Understanding employee rights and appeals: adverse actions, Equal Employment Opportunity (EEO) and termination of employment 3. February 10, 2025, 6:00 pm - 7:00 pm ET. What are my whistleblower rights?Description: Learn about whistleblower and anti-retaliation laws 4. February 12, 2025, 6:00 pm - 7:00 pm ET. How might my benefits be affected?Description: Examining the impact of the recent executive orders on federal employee benefits ABOUT THE SERIES: · All sessions will be hosted via Zoom webinar. · All sessions will be recorded and uploaded to YouTube channel . · You will not be required to share your email or name when you join the session. · Hosts and panelists will be on camera. Participants will not have the ability to show themselves on camera. · Chat will be disabled, but you will be able to send questions anonymously through the platform. REGISTRATION: https://bit.ly/4gnnA3S ***** WHAT: Protecting Our Organizations: 501(c)(3) Nonprofit Compliance Virtual Training WHEN: February 18, 2025, 4:00 pm - 5:00 pm ET WHERE: Virtual event HOST: Asian American Legal Defense and Education Fund (AADELF), New York Lawyers for the Public Interest (NYLPI), and Patterson Belknap Webb & Tyler LLP DESCRIPTION: The training will discuss important steps that 501(c)(3) not-for-profit organizations can take regarding tax-exempt compliance and other practices to better protect themselves from audits or investigations that interfere with their ability to defend vulnerable communities. The training is intended for leadership (e.g., Executive Directors and Board members) and finance staff. Please email cjiang@aaldef.org with any questions. REGISTRATION: https://bit.ly/42FaITu Trump Administration Upends U.S. Science According to Science on January 30, 2025, President Donald Trump ’s new administration quickly issued a flurry of executive orders and other decisions, some with big implications for research and global health, sowing worry and confusion among many scientists. Grants Roller Coaster. The White House proposed but quickly rescinded an order to freeze large portions of federal spending, including research grants, based on alignment with Trump’s executive orders. The directive faced public backlash and was temporarily blocked by a judge. Despite its withdrawal, agencies must still comply with orders banning support for programs tied to “Marxist equity,” transgender issues, and Green New Deal policies. Critics warn this could politicize science and severely impact NIH-funded research. Banning Gender. A new executive order bans the use of “gender” in government publications, defines gender as strictly male or female, and prohibits funding for grants promoting “gender ideology.” Researchers fear NIH grants studying nonbinary health could be canceled. At least 400 such grants, totaling $235 million, are at risk, with nearly half focused on HIV/AIDS and many on transgender youth. DEI Demolition. An executive order ended government programs promoting diversity, equity, and inclusion (DEI), halting university initiatives aimed at recruiting underrepresented minorities for the scientific workforce. U.S. research agencies canceled existing grants and future solicitations, impacting not only racial diversity but also support for disabled or economically disadvantaged researchers. The order labels DEI efforts as “illegal and immoral discrimination programs.” Some scientists plan to continue their work without using DEI language to avoid the crackdown, despite government calls for whistleblowers to report such actions. NIH Whiplash. The Trump administration imposed a halt on external communications, travel, purchases, and new experiments by NIH employees for a review, a move more extensive than similar past actions. Researchers were concerned this could disrupt in-house research, clinical trials, and the agency’s management of external grants. A few days later, acting Director Matthew Memoli outlined exceptions to the "pause," allowing for review and prioritization by the new team. AI Do-Over. Trump's executive order nullified Biden's October 2023 plan to promote safe and trustworthy artificial intelligence, arguing it would hinder innovation and impose excessive government control. Trump has directed aides to develop a new plan within 180 days to boost economic competitiveness, national security, and maintain U.S. leadership in AI. HIV Help at Risk. Trump's administration paused all foreign assistance for an 85-day review, potentially disrupting the timely distribution of lifesaving anti-HIV drugs to 21 million people in 55 countries through the President’s Emergency Plan for AIDS Relief. This program relies on contractors from the U.S. and other nations to manage funds.Read the Science report: https://bit.ly/3Q23EsG ***** According to Wired on January 31, 2025, the damage to federal medical research is already done. The Trump administration’s freeze on federal funding for research has disrupted vital medical studies, including clinical trials and grants for diseases like cancer and diabetes. The National Institutes of Health (NIH), which disperses $48 billion annually, has halted grant applications and reviews, leading to fears of a mass brain drain as researchers seek stable employment. While the freeze might end soon, the damage, including potential long-term impacts on public health and innovation, is already evident. This pause could undermine the U.S.'s global leadership in medical research.Read the Wired report: https://bit.ly/42DbdgV News and Activities for the Communities 1. APA Justice Community Calendar Upcoming Events: 2025/02/04 ACLU Town Hall: Fighting Trump's First Attacks2025/02/04 Federal Employees: What if my employment status changes?2025/02/06 Federal Employees: What are my rights as an employee?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 Meeting 2025/02/18 Protecting Our Organizations: 501(c)(3) Nonprofit Compliance Virtual Training2025/02/23 World Premier of "Quixotic Professor Qiu" with Xiaoxing Xi2025/03/02 Rep. Gene Wu's Town Hall Meeting2025/03/03 APA Justice Monthly Meeting Visit https://bit.ly/3XD61qV for event details. 2. Chinese American Family Lost in DC Plane Crash According to the New York Times on February 1, 2025, Kaiyan Mao , Yu Zhou , and their 16-year-old son Edward , a promising 16-year-old figure skater, a rising figure skating talent, were among those killed in the mid-air collision over the Potomac River. The Northern Virginia family had been deeply involved in Edward’s academic and skating pursuits, leaving an immense void in their community. Edward had been returning from a U.S. Figure Skating camp when the crash claimed 64 passengers and three crew members, including his close friend Cory Haynos and his parents. As investigators search for answers, Fairfax mourns, with tributes filling Edward’s school and home. His coach, Kalle Strid , remembered the family's unwavering support, saying, “They were not over the top, but they were always there.” 3. China Initiative: Impacts and Implications WHAT: “CHINA INITIATIVE:” Law, Science & U.S.-China Relations under the Trump Administration WHEN: February 13, 2025, 12:30 pm - 1:30 pm ET WHERE: Lunch Talk, WCC; 2012 Classroom, Harvard Law School HOST: China Law Association, Harvard Law School DESCRIPTION: The "China Initiative," launched under the Trump administration, led to investigations targeting Chinese American scientists, including the high-profile case of MIT Professor Gang Chen. As discussions about its potential revival emerge, this talk will explore the initiative's far-reaching legal and social consequences, its impact on the scientific community, and what its return could mean for U.S.-China relations. Join us to engage with leading experts on this timely and crucial issue. Lunch will be served. Sponsored by China Law Association. For more information, please contact Ying Zhou at yzhou@jd25.law.harvard.edu . REGISTRATION: https://bit.ly/42FaITu # # # 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 4, 2025 Previous Newsletter Next Newsletter

Newsletter - #342 Citizenship Order Blocked; Monthly Meeting Recap; Perkins Coie on Government Scrutiny+ #342 Citizenship Order Blocked; Monthly Meeting Recap; Perkins Coie on Government Scrutiny+ In This Issue #342 · Legal Challenges Continue to Block Trump’s Executive Order on Birthright Citizenship · Summary of 2025/07/07 APA Justice Monthly Meeting (in progress) · Facing Government Scrutiny? Read This from Perkins Coie · News and Activities for the Communities Legal Challenges Continue to Block Trump’s Executive Order on Birthright Citizenship According to AP , CNN , Just Security , and multiple media reports, President Trump’s January 20, 2025, Executive Order 14160, which seeks to deny automatic U.S. citizenship to children born on American soil with non‑citizen parents, remains blocked by federal court rulings despite a recent Supreme Court decision that limited the reach of nationwide injunctions.On June 27, 2025, the Supreme Court held that individual district judges may no longer issue universal nationwide injunctions. However, it clarified that class-action injunctions remain valid, preserving a legal pathway for nationwide relief under certain circumstances.One such ruling came from U.S. District Judge Joseph LaPlante in New Hampshire, who certified a class of affected children and issued a nationwide injunction that remains in effect pending appeal. Although the Supreme Court’s decision would have allowed the order to take effect on July 27 in states not covered by separate injunctions, Judge LaPlante’s ruling ensures continued nationwide protection.“The judge’s order protects every single child whose citizenship was called into question by this illegal executive order,” Cody Wofsy , the ACLU attorney representing children who would be affected by Trump’s restrictions, said. “The government has not appealed and has not sought emergency relief so this injunction is now in effect everywhere in the country.”Elsewhere, U.S. District Judge Leo Sorokin of Massachusetts is weighing whether to maintain a previously issued nationwide injunction or to narrow or stay it in light of the Supreme Court’s decision. During a recent hearing, Judge Sorokin appeared skeptical of the government’s arguments. Using an analogy about a noisy neighbor and a hastily proposed wall to block sound, he questioned how the government intended to comply with the law: “What you are telling me is we will do it but, in response to my question, you have no answer how you will do it,” he said. U.S. District Judge Deborah Boardman of Maryland stated in an opinion on July 18 that she would grant class action status on behalf of all children affected by the executive order and grant a preliminary injunction blocking it. But she did not immediately rule, noting a previous decision of hers to block the order was on appeal to the Fourth U.S. Circuit Court and that court would have to return the case to her. Judge Boardman said an immediate ruling from her would “promote judicial efficiency and economy because it would enable the Fourth Circuit to consider the merits of a class-wide preliminary injunction sooner rather than later.” At the core of these lawsuits is the 14th Amendment, ratified in 1868 in response to the Dred Scott decision, which denied citizenship to African Americans. In United States v. Wong Kim Ark (1898), the Supreme Court affirmed that children born in the U.S. to non-citizen immigrant parents are citizens by birth, unless their parents are foreign diplomats or enemy occupiers. This precedent remains a foundational element of birthright citizenship law—and the focal point of the current legal battles. Summary of 2025/07/07 APA Justice Monthly Meeting (in progress) The APA Justice monthly meeting on July 7, 2025, featured timely and urgent presentations from several distinguished speakers addressing the challenges facing higher education, civil rights, and immigrant communities amid escalating political pressures. Below is a summary of the remarks from four of the speakers: 1. Lynn Pasquerella, President of the American Association of Colleges and Universities (AAC&U) President Lynn Pasquerella expressed deep concern about the future of American higher education and democracy. She pointed out that this is a moment of enormous significance that brings a renewed sense of urgency to our nation’s historic mission of educating for democracy. It is also a time of growing moral distress, in which campus leaders feel coerced into making decisions they believe are unethical decisions and they feel they have no choice but to make. They are continually forced to confront the question: How much individual injustice should be tolerated for the sake of long-term reform? As a result, for many, that moral distress has morphed into a kind of moral injury—arising from the continuous erosion of their moral compass and the ongoing challenges to their deeply held values characterized by deepening ideological divides. Development of Existential Threat to Higher Education 2023 brought attacks on DEI, a Supreme Court decision banning race-based admissions, and legislation introduced in 42 states to implement educational gag orders—limiting speech around race, gender, and other so-called “divisive concepts.” At the end of that year, the presidents of Harvard, MIT, and Penn were called before the Congressional Committee on Education and the Workforce to answer for and atone for alleged antisemitism on their campuses—accusations attributed to their institutions’ emphasis on DEI. At the December 5 hearings on Capitol Hill, Representative Virginia Foxx’s opening statement was not only against those university presidents, but against higher education as a whole. Those hearings foreshadowed the first 100 days of President Trump’s second term, marked by unprecedented government overreach and political intrusion into nearly every aspect of college and university operations. This included the withdrawal of billions of dollars in federal research funding, caps on indirect costs for grants awarded by NIH and the Department of Energy, and the elimination of spending on research topics like race, transgender health, women’s issues, climate change, misinformation, and COVID-19. Within his first two and a half weeks in office, four executive orders were signed directly targeting transgender individuals. And within another two weeks, a Dear Colleague letter from the Department of Education directed colleges and universities to eliminate all DEI initiatives in hiring, curriculum, and co-curricular activities. A separate executive order mandated that higher education accrediting bodies remove all DEI-related standards, claiming that "radical left" accreditors had allowed campuses to be overrun by “Marxist maniacs and lunatics.” Targeting of Chinese and International Students We saw hundreds of international students detained and thousands more have their visas terminated. Limits were removed on ICE agents’ activities on college campuses. In states like Florida, campus security officers were given authority to perform immigration enforcement functions. Despite First Amendment protections, the President threatened the arrest and deportation of international students and faculty who participated in pro-Palestinian protests. Funding for study abroad and international scholarships was suspended. Harvard was warned that its ability to admit international students would be revoked unless it provided detailed records on all such students. Although Harvard complied, a month later Secretary Kristi Noem declared that international students would no longer be eligible for admission to Harvard, and existing international students were told they must transfer immediately or face visa termination. Travel bans were implemented for citizens of 12 countries, and heightened visa restrictions were placed on those from seven others. On June 9, the government announced that all student visa applicants—regardless of country of origin—must unlock their social media accounts for review. One consequence of this has been that colleges and universities with high international student populations now face credit risk. Moody’s has warned of downgrades to credit ratings—particularly for the 11% of American institutions where international students make up more than 20% of the student body. The reemerging climate of fear and intimidation for Chinese students—echoes of the 77 cases brought by the Department of Justice under the "China Initiative." Although most cases were dismissed due to lack of evidence, the chilling effect on Chinese and Asian American researchers remains. During the program’s enforcement, departures of Asian researchers from the U.S. increased by 75%. Although the initiative ended in 2022, recent attempts to revive it have reaffirmed a deep sense of uncertainty among Asian and Asian American students. Efforts led by Marco Rubio and others, which many see as the weaponization of a population that has contributed significantly to the nation's economic development and academic excellence by bringing in global talent and diverse perspectives. During the last academic year, 200,398 Chinese students were studying in the U.S.—122,778 of them graduate students in STEM fields. These are the very students now being targeted. What has unfolded constitutes an existential threat to American colleges and universities—institutions founded on the principles of the free exchange of ideas, the unfettered pursuit of truth, and independence from unwarranted governmental and political interference. Call to Action In April 2025, AAC&U, alongside the American Academy of Arts and Sciences, released a statement entitled A Call for Constructive Engagement , outlining what is at stake for America’s prosperity should the critical partnership between government and higher education continue to unravel. For the first time, sitting presidents of colleges and universities came together in large numbers to respond to attacks from the Trump administration. The statement made clear that while presidents and leaders of scholarly societies are open to constructive reform and do not oppose legitimate government oversight, they will stand together against efforts to restrict or undermine the freedoms fundamental to American higher education. The process leading to the statement revealed the pressures campus leaders are experiencing. AAC&U held two virtual meetings where 193 campus leaders came together. Many spoke of needing board approval to speak out, others described pressure from state governors, and many feared media backlash. Yet nearly all cited growing demands from faculty and students to defend their institutions’ core principles and push back against efforts to control curriculum or restrict freedom of expression. We know from the recent removal of the President of the University of Virginia that concern over government overreach is real. That incident reaffirmed a conviction that emerged: If everyone exercises a little moral courage, no one person has to be the hero. This is a moment for all of us to come together across sectors and lead with moral courage. When one university is threatened, it is the responsibility of all institutions to respond. As philosopher John Dewey reminds us—democracy is not just a system of government, but a way of life. It depends on an educated and engaged citizenry, capable of making independent judgments, challenging authority, and participating meaningfully in public discourse. 2. Tony Chan 陳繁昌, Former President of King Abdullah University of Science and Technology and Former President of the Hong Kong University of Science and Technology After having spent 20 years teaching at UCLA, Tony spent the following 15 years abroad—including six years as the President of King Abdullah University of Science and Technology in Saudi Arabia. Tony talked about his article, The Role of Research Universities in a Changing World Order , which was recently published in Not Alone by Elsevier. Recent Developments Since the article was written in early 2025 Much has changed since March—Harvard’s authority to admit international students and its tax-exempt status are under threat, visa policies have shifted, and there have been dramatic funding cuts to the NIH and NSF. The NSF’s Directorate for Mathematical and Physical Sciences, where Tony once served, faces a proposed 75% cut. This level of disruption affects all research universities and makes long-term planning nearly impossible. We have also seen a wave of university president resignations. The landscape is shifting rapidly, and academia is scrambling to respond. It is no longer just about campus governance—it is about our role in society and in global competitiveness. Tony framed his article around East-West academic competition—particularly between the U.S. and China, though India now plays a growing role. Talent Flow and Research Collaboration Recently, Tony co-founded a virtual platform called " Dialogue on Asian Universities ” (DAU). On June 23, DAU had its 11th dialogue, titled Tectonic Shift in the Global Talent Chain: The Forces of Technology and Geopolitics , where Tony moderated a conversation between the presidents of two Indian Institutes of Technology (IITs)—Delhi and Mumbai—and a leading AI researcher from Tsinghua University, formerly a senior VP at Microsoft in Redmond. Ten years ago, 90% of IIT graduates came to the U.S. Today, that trend has reversed: 90% stay in India, where opportunities are booming. The same is true in China, which is actively attracting returnees at the peak of their careers. Chinese students once saw the U.S. as the obvious destination. Now, many are reconsidering—questioning whether it’s worth investing years here under such uncertainty. There is a push from the U.S.—visa hurdles, political hostility—and a growing pull from home countries. Tony gave two striking examples: 1. DeepSeek, a competitive AI model to ChatGPT, was built in China by graduates who never studied abroad. That is a wake-up call. 2. Meta has been hiring talent away from OpenAI—many of these AI researchers are young, Chinese-born, and U.S.-trained. So while the government tries to limit student visas, industry thrives on the very people being pushed out. There is a major contradiction. When it comes to research collaboration, the trend has also reversed. Fifteen years ago, U.S. faculty were eager to collaborate globally—especially with China. Now, fears over dual-use technologies and national security have shut many doors. This is understandable to a degree, but we have managed dual-use issues before—through clearances and containment. What we have now is a blanket policy that hinders not just collaboration with China, but progress on global challenges like climate, energy, and health. Joint ventures are collapsing. Multiple American-Chinese university partnerships—at Berkeley, Michigan, and Georgia Tech—have closed under political pressure. Others are likely considering exit strategies. Recommendations Universities represent something deeper: values, leadership, and change in society. What is happening now has broader implications—for all of society. Here is the irony: the Chinese system is often criticized for authoritarianism, lack of free speech, and human rights issues. Yet, in recent years, Tony has seen a disturbing erosion of these very things in the U.S. He offered four recommendations: 1. Academia must remember its core mission —to serve society and humanity for the long term. Bending to short-term political pressure may be expedient but risks undermining academic integrity, reputation, and the ability to attract talent. 2. Universities must adapt to shifting geopolitical and economic realities . Ignoring national security concerns is not an option. But universities should propose pragmatic frameworks that enable collaboration within necessary constraints. 3. Reaffirm academic freedom . Without that, there is no point in having American-style universities. 4. Leadership requires courage . It is easier to do nothing. But if you are in a leadership position, that is not an option. If you cannot lead, you should step aside. The bigger question is: how did we let it get this far without the public engaging? When we speak, people assume it is self-interest. We need third-party voices to make the case for why academia matters—beyond campus walls. 3. Clay Zhu 朱可亮, Founder and President, Chinese American Legal Defense Alliance (CALDA) Clay provided updates on two major lawsuits challenging government actions targeting Chinese students and property buyers. In early April, CALDA learned about the mass termination of student status for thousands of international students, most of whom are from China. In response, CALDA filed a case, Chen v. Noem (4:25-cv-03292) , in the Northern District of California. On May 22, the judge issued a nationwide preliminary injunction . As a result, the Student and Exchange Visitor Information System (SEVIS) statuses of most affected students have been restored. However, CALDA also discovered that, simultaneously, DHS and ICE had terminated the students' SEVIS statuses, and the State Department had revoked their student visas. CALDA does not yet have an exact count of how many students are affected but plans to amend the complaint to add the State Department as an additional defendant, in an effort to restore the revoked visas. Due to the recent Supreme Court decision in CASA Inc. v. Trump (8:25-cv-00201) , CALDA may also need to further amend the complaint to pursue the case as a class action. Meanwhile, in Texas, Governor Greg Abbott signed Senate Bill 17 (SB17) into law on June 20, 2025. The bill restricts certain foreign purchases of real property in Texas. CALDA filed a motion for a preliminary injunction and a motion for class certification the day before Independence Day. This is one of the first cases filed under the recent Supreme Court ruling in CASA v. Trump, which prompted CALDA to file these lawsuits on a class-action basis. CALDA is currently awaiting a judge assignment and hearing date. Since the law takes effect on September 1, there is less than two months to obtain a court decision—followed potentially by an appeal. Clay, expressing both gratitude for American opportunities and frustration at current policies, emphasized that CALDA’s legal efforts aim to protect constitutional rights and ensure due process for affected Chinese individuals. 4. Joanna YangQing Derman, Director, Anti-Profiling, Civil Rights & National Security Program, Advancing Justice | AAJC, jderman@advancingjustice-aajc.org Without going into the details of Texas Senate Bill SB17, Joanna highlighted several other top-line actions from AAJC. On July 2, AAJC transmitted a bipartisan letter from AAPI leaders to members of Congress, urging broader protection for the safety of the AAPI community. It was signed by senior former government and elected officials, as well as community and public service leaders. (Please contact Joanna if you would like a copy of the letter.)AAJC, along with the Asian American Scholars Forum (AASF), Chinese for Affirmative Action (CAA), and Stop AAPI Hate, also led a coalition letter representing 64 organizations addressed to Secretary Marco Rubio . His newly proposed visa policy—issued without meaningful clarity—harms the safety and well-being of students, undermines American values, and jeopardizes the nation’s academic, technological, and economic leadership. The letter called for a halt to the implementation of the May 28 policy announcement to “aggressively revoke the visas of Chinese international students,” including those in “critical fields.”There have also been several Supreme Court decisions in recent weeks. AAJC, along with the Washington Lawyers’ Committee for Civil Rights and Urban Affairs and OCA, condemned the recent Supreme Court ruling in CASA v. Trump, which significantly limits the ability of lower courts to issue "universal injunctions." Executive Order 14160, which seeks to end birthright citizenship for individuals born in the United States whose parents had certain immigration statuses, may now go into effect on a case-by-case basis. AAJC remains confident that related litigation will result in the Executive Order being ruled unconstitutional. AAJC has also issued press statements on other Supreme Court decisions, which can be found on the AAJC website. Facing Government Scrutiny? Read This from Perkins Coie On June 26, 2025, Perkins Coie LLP, a large international law firm headquartered in Seattle, Washington, hosted Compliance Collective webinars aimed at helping nonprofit and university leaders stay ahead of the curve when it comes to government investigations and inquiries. With oversight from executive agencies and legislative bodies on the rise, organizations in the nonprofit and higher education sectors are increasingly likely to encounter subpoenas, information requests, and other official actions. These sessions offered practical advice and up-to-date strategies to ensure leaders are well-prepared to respond effectively and protect their institutions.The webinars focused on two principal avenues of risk: (1) revocation of tax-exempt status by the IRS, and (2) law enforcement and regulatory inquiries, including subpoenas, congressional investigations, and government raids. These risks are increasingly intertwined, with legislative and executive actions targeting activities perceived as contrary to public policy or law. Perkins Coie has shared two documents summarizing the insights from the webinars: · Essential Strategies for Navigating Government Inquiries o Legal Frameworks and Areas of Exposure o Practical Guidance for Risk Assessment and Response o Developing Robust Policies and Procedures · Search Warrants: Dos and Don’ts Perkins Coie concludes that in an increasingly uncertain regulatory environment, nonprofit organizations and higher education institutions must proactively identify and assess their unique risks, establish clear protocols for government interactions, and ensure ongoing board and management engagement. Tailored compliance strategies, informed by legal counsel and aligned with organizational mission and risk tolerance, are essential to navigating the evolving landscape of government scrutiny. Perkins Coie welcomes interested parties to contact any of the following presenters or Perkins Coie representative for more in-depth guidance or legal support. · Jamie Schafer, Partner, JSchafer@perkinscoie.com · Jean-Jacques Cabou, Firmwide Co-Chair, White Collar & Investigations Practice, Partner, JCabou@perkinscoie.com · Angela Jones, Deputy General Counsel, Partner, AJones@perkinscoie.com · Richard Sevcik, Firmwide Chair, Tax-Exempt Organizations Practice, Partner, RSevcik@perkinscoie.com News and Activities for the Communities 1. APA Justice Community Calendar Upcoming Events: 2025/07/25-27 Asian American Pioneer Medal Symposium and Ceremony 2025/07/29 C100 Conversations – “Recollections, Pioneers and Heroes” with Linda Chao Yang2025/07/29 From Heartland to Mainland: 2025 Future Ag Leaders Delegation2025/07/31-08/10 Asian American International Film Festival2025/08/02-07 2025 Joint Statistical Meetings2025/08/04 APA Justice Monthly MeetingVisit https://bit.ly/3XD61qV for event details. 2. 1990 Institute Youth Symposium WHAT: 1990 Institute Youth Symposium — Roots and Wings: Celebrating Asian American Youth with the Power of Community WHEN: September 6, 2025, 8:30 am - 4:30 pm PT WHERE: College of San Mateo, 1700 W Hillsdale Blvd, San Mateo, CA 94401 HOST: 1990 Institute DESCRIPTION: This inaugural Youth Symposium is more than a one-day event. It is our first large-scale, cross-generational outreach initiative and marks a major milestone for the 1990 Institute as we navigate this fast-changing and challenging time, and position ourselves as a leader in addressing the most pressing and relevant issues impacting our community. It builds upon 1990’s legacy educational programming and supports our core mission. REGISTRATION : https://bit.ly/4m79Q0D # # # 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 July 21, 2025 Previous Newsletter Next Newsletter

Newsletter - #322 4/7 Monthly Meeting; Texas Rallies; Litigations; NAPABA/ABA statements; AAPI History + #322 4/7 Monthly Meeting; Texas Rallies; Litigations; NAPABA/ABA statements; AAPI History + In This Issue #322 · 2025/04/07 APA Justice Monthly Meeting · 2025/03/29-30 Texas Tri-City Rallies · Latest on Litigations Against Trump's Executive Actions · NAPABA and ABA Statements on Rule of Law · C100 Updates Data on Laws Requiring The Teaching of AAPI History in School Curricula · News and Activities for the Communities 2025/04/07 APA Justice Monthly Meeting The next APA Justice monthly meeting will be held via Zoom on Monday, April 7, 2025, starting at 1:55 pm ET.In addition to updates by Judith Teruya , Executive Director, Congressional Asian Pacific American Caucus (CAPAC), Joanna YangQing Derman , Program Director, Advancing Justice | AAJC, and Gisela Perez Kusakawa , Executive Director, Asian American Scholar Forum (AASF), confirmed speakers are: · Mark Takano , First Vice Chair, Congressional Asian Pacific American Caucus (CAPAC); Member, U.S. House of Representatives · Erwin Chemerinsky , Dean, Jesse H. Choper Distinguished Professor of Law, University of California, Berkeley · Cindy Tsai , Interim President, Committee of 100 · X. Edward Guo , President, Asian American Academy of Science and Engineering (AAASE) 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 . Congressman Mark Takano will make his remarks via recorded video on unprecedented challenges to our communities.In a recent opinion published by the New York Times , Dean Erwin Chemerinsky raised an alarming question: "if Trump defies the Courts, then what?" He also commented on President Trump's unprecedented demands on Columbia University. Dean Chemerinsky will share his thoughts on these recent developments and more.The Committee of 100 (C100) is a nonprofit leadership organization of prominent Chinese Americans dedicated to advancing U.S.-China relations and promoting the full participation of Chinese Americans in American society. On April 25-26, 2025, it will host its annual conference and gala in Los Angeles to share insights on the state of Chinese Americans and the current and future condition of the U.S.-China relationship. Interim President Cindy Tsai returns to update us on recent developments with C100 and the annual event. Professor X. Edward Guo, Stanley Dicker Professor of Biomedical Engineering and Professor of Medical Sciences at Columbia University, is current President of Asian American Academy of Science and Engineering (AAASE). Professor Guo will introduce AAASE and comment on recent developments in higher education and research communities. 2025/03/29-30 Texas Tri-City Rallies Texas grassroots groups with support of diverse national organizations will hold rallies in all three major cities this weekend to oppose Alien Land Bills - Senate Bill 17 (SB17) and House Bill 17 (HB17): · Saturday, 3/29 at 11 a.m. Texas Capitol Grounds East Steps, Austin, TX · Sunday, 3/30 at 2 p.m. zTAO Marketplace, 2049 Coit Rd #300 , Plano, TX · Sunday, 3/30 at 2 p.m. 9015 Bellaire Blvd, Houston, TX In an open letter addressed to Texas state senators and representatives, the groups denounce SB17, HB 17 and similar legislation as unconstitutional and discriminatory, as they target individuals based on their national origin, infringing upon rights protected by both the U.S. and Texas constitutions. It further argues that such legislation could discourage foreign investment and talent, leading to economic drawbacks for the state. In addition, the letter highlights concerns that these bills conflate individuals with foreign governments, potentially penalizing those without political affiliations, and lack factual evidence to justify their implementation. The organizers warn that enacting these laws may foster discrimination against Asian and immigrant communities.Drawing historical parallels, the letter references the 59th Texas Legislature's 1965 decision to abolish "alien land laws," cautioning against repeating past mistakes. It concludes with a call to action for legislators to oppose these bills to uphold constitutional protections and promote inclusivity within the state. Read the coalition open letter posted by United Chinese Americans: https://ucausa.org/ and call your legislators in Texas.The Yellow Whistle™ with the message "We Belong" will be distributed at all three rallies in Texas. The Yellow Whistle Project was launched in April 2022 after an Asian woman was brutally attacked in anti-Asian hate incident in front of a building in New York when the doormen closed the door instead of intervening. The Yellow Whistle is a symbol of self-protection and solidarity in our common fight against historical discrimination and anti-Asian violence. The whistle is a simple gadget with a universal purpose—to signal alarm and call for help—for all Americans. We shall not remain silent, because WE BELONG™. Latest on Litigations Against Trump's Executive Actions As of March 27, 2025, the number of lawsuits against President Donald Trump 's executive actions reported by the Just Security Litigation Tracker has grown to 146 (3 closed cases). According to the New York Times Tracker , at least 53 of the court rulings have at least temporarily paused some of the administration’s initiatives.These are some of the latest developments: · Block on Alien Enemies Act Deportations Upheld . In a 2-1 decision, the federal appeals court in Washington, D.C., today denied the Trump administration’s request to lift the temporary restraining order against Trump's executive order invoking the Alien Enemies Act. The Plaintiffs led by ACLU, Democracy Forward, and the ACLU of the District of Columbia. have filed a Notice that they intended to file a new Motion for Preliminary Injunction on Friday, March 28, to incorporate “additional factual material so that there is a more complete record.” · Deportation of Columbia University Student Blocked . On March 24, 2025, U.S. District Judge Naomi Reice Buchwald of the Southern District of New York granted Yunseo Chung 's attorneys a temporary restraining order, preventing her from being arrested or deported. Chung is a 21-year-old Columbia University student and legal permanent resident who has been involved in pro-Palestinian protests. She came to the U.S. with her family from South Korea at the age of 7. On March 27, TIME Magazine reported these other students targeted by Trump’s immigration enforcement over campus activism: Rumeysa Ozturk , a Turkish international student on a valid F-1 visa for her PhD studies at Tufts University in Boston, became the latest high-profile target of ICE after her arrest, which witnesses caught on video, outside her home in Somerville, Massachusetts, on March 26. Badar Khan Suri , an Indian citizen studying and teaching at Georgetown University on a valid J-1 visa, was detained by ICE on March 17. A lawsuit, Suri v. Trump (1:25-cv-00480) , has been filed in the U.S. District Court of the Eastern District of Virginia. Momodou Taal , a 31-year-old Cornell University graduate student and dual U.K. and Gambian citizen, had his student visa revoked on March 14 and now faces the threat of deportation. Mahmoud Khalil was arrested at his home by ICE agents on March 8, 2025, and remains in custody as of March 27 at a Louisiana detention facility. Khalil, a Palestinian, moved to the U.S. in 2022 to attend Columbia University’s School of International and Public Affairs, completing his master’s degree studies in December 2024. He married an American woman—making him eligible for a green card—who is eight months pregnant with their first child. Preservation of Signal Records on Military Strikes Ordered . On March 25, 2025, American Oversight, a nonprofit watchdog organization, filed American Oversight v. Hegseth (1:25-cv-00883) against Defense Secretary Pete Hegseth and other senior Trump administration officials, seeking a Temporary Restraining Order (TRO) to prevent the deletion of critical national security communications related to a Signal group chat discussing U.S. military operations about a planned strike against Yemen's Houthis on March 11-15, 2025. Administration officials made apparently misleading or false claims that were contradicted by the Editor-in-Chief of the Atlantic . On March 27, Chief Judge James Boasberg of the District of Columbia ordered the Trump administration to preserve the Signal messages. The case raises serious concerns about potential violations of national security protocols and federal records laws. NAPABA and ABA Statements on Rule of Law On March 7, 2025, the National Asian Pacific American Bar Association (NAPABA) issued an advocacy update . It reaffirmed "[o]ur mission is broad. NAPABA is both a national civil rights organization and a preeminent bar association. We are the national voice for the AANHPI legal profession, promoting justice, equity, and opportunity for AANHPIs. We foster professional development, legal scholarship, advocacy, and community involvement."The NAPABA statement outlines significant legal and policy developments impacting the Asian American, Native Hawaiian, and Pacific Islander (AANHPI) community. The organization is closely monitoring threats to the rule of law, including government intimidation of judges, law firms, and federal attorneys. It highlights recent executive orders that have targeted major law firms and restricted their access to government buildings and officials. The report expresses concern over the dismantling of diversity, equity, and inclusion (DEI) initiatives across federal agencies, including the elimination of the White House Initiative on AANHPIs and restrictions on DEI programs in private institutions. NAPABA argues that these actions undermine fundamental rights, erode professional protections, and reverse decades of progress in ensuring equal opportunities for underrepresented communities. The NAPABA update also focuses on policy rollbacks affecting vulnerable populations. The revocation of Executive Order 13166, which previously mandated language access guarantees for limited English proficient individuals, creates uncertainty for AANHPI immigrants who rely on government services. The administration's restrictive immigration policies, including expanded expedited removal authority and curtailment of asylum rights, disproportionately impact immigrant communities. NAPABA further condemns recent executive actions targeting the LGBTQ+ community, stating that such measures promote discrimination and weaken legal protections. In response to these challenges, the organization reaffirms its commitment to defending civil rights, advocating for equal justice, and ensuring that marginalized communities are not left vulnerable to government overreach.Read the NAPABA statement: https://bit.ly/424d6Bl On March 26, 2025, NAPABA joined the American Bar Association and a coalition of bar organizations across the nation in the following statement to defend the rule of law and reject efforts to undermine the courts and the legal profession: "We endorse the sentiments expressed by the chief justice of the U.S. Supreme Court in his 2024 Year End Report on the Federal Judiciary, '[w]ithin the past year we have also seen the need for state and federal bar associations to come to the defense of a federal district judge whose decisions in a high-profile case prompted an elected official to call for her impeachment. Attempts to intimidate judges for their rulings in cases are inappropriate and should be vigorously opposed.'"We support the right of people to advance their interests in courts of law when they have been wronged. We reject the notion that the U.S. government can punish lawyers and law firms who represent certain clients or punish judges who rule certain ways. We cannot accept government actions that seek to twist the scales of justice in this manner."We reject efforts to undermine the courts and the profession. We will not stay silent in the face of efforts to remake the legal profession into something that rewards those who agree with the government and punishes those who do not. Words and actions matter. And the intimidating words and actions we have heard and seen must end. They are designed to cow our country’s judges, our country’s courts and our legal profession."There are clear choices facing our profession. We can choose to remain silent and allow these acts to continue or we can stand for the rule of law and the values we hold dear. We call upon the entire profession, including lawyers in private practice from Main Street to Wall Street, as well as those in corporations and who serve in elected positions, to speak out against intimidation." If lawyers do not speak, who will speak for our judges? Who will protect our bedrock of justice? If we do not speak now, when will we speak? Now is the time. That is why we stand together with the ABA in support of the rule of law. "Read the ABA statement: https://bit.ly/43zP97z C100 Updates Data on Laws Requiring The Teaching of AAPI History in School Curricula On March 25, 2025, the Committee of 100 (C100) released updated data on its public policy research project that identifies and classifies state-level statutes, ongoing bills, and academic standards of K-12 curriculum pertaining to the study of Asian Americans, Native Hawaiians, Pacific Islanders, as well as other non-white racial and ethnic groups. It includes an interactive map where users may select and filter among statutes, academic standards, and pending bills to meet their needs using the dropdown menus. As of March 25, 2025, · 12 states have statutes that require AAPI studies curriculum (no change since October 3, 2024 data) · 7 states are considering recently introduced bills that would require AAPI studies curriculum (an increase of 3 states since October 3, 2024 data) · 16 states have academic standards that require AAPI studies (an increase of 1 state since October 3, 2024 data) · 23 states have statutes that require ethnic studies curriculum (an increase of 1 state since October 3, 2024 data) · 12 states are considering recently introduced bills that would require ethnic studies curriculum (an increase of 9 states since October 3, 2024 data) · 37 states have academic standards that require ethnic studies (an increase of 4 states since October 3, 2024 data) · 6 states have no statutes, recently introduced bills, or academic standards that require or make optional AAPI studies or ethnic studies curriculum (a decrease of 2 states since October 3, 2024 data) Visit the C100 announcement and interactive map: https://bit.ly/4l351FE News and Activities for the Communities 1. APA Justice Community Calendar 2025/03/29 No to Discrimination and Alien Land Bills - Austin, Texas2025/03/30 No to Discrimination and Alien Land Bills - Plano, Texas2025/03/30 No to Discrimination and Alien Land Bills - Houston, Texas2025/03/30 Rep. Gene Wu's Town Hall Meeting2025/04/07 APA Justice Monthly Meeting2025/04/13 Rep. Gene Wu's Town Hall Meeting2025/04/15 China Connections: A Conversation with Emily Feng2025/04/24-26 Committee of 100 Annual Conference and Gala2025/04/27 Rep. Gene Wu's Town Hall Meeting2025/05/05 APA Justice Monthly 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 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 March 28, 2025 Previous Newsletter Next Newsletter

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Newsletter - #99 MIT Technology Review on "China Initiative+; Dr. Mingqing Xiao; Rally in Philly; TYW + #99 MIT Technology Review on "China Initiative+; Dr. Mingqing Xiao; Rally in Philly; TYW + Back View PDF December 6, 2021 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 - #165 Ongoing Anti-Discrimination Efforts Stemming From Texas Senate Bills 147 and 552 #165 Ongoing Anti-Discrimination Efforts Stemming From Texas Senate Bills 147 and 552 In This Issue #165 This issue of the APA Justice newsletter is dedicated to the ongoing anti-discrimination efforts stemming from Texas Senate Bills 147 and 552. Houston March Against the Racist Texas Senate Bills 147 & 552 in Chinatown on February 11, 2023 New York Times Reports on Discriminatory Land Bills Los Angeles Times Reports on New Chinese Exclusion Agriculture.com Reports on Federal Bills Upcoming Mini Series of Two Webinars on Texas SB 147 and Alien Land Laws New Asian American Pacific Islander Caucus in Texas Notre Dame Expert on Bills Preventing Chinese Citizens and Companies from Purchasing Land Houston March Against the Racist Texas Senate Bills 147 & 552 in Chinatown on February 11, 2023 Texas State Representative Gene Wu and a coalition of community organizations led by Asian Americans Leadership Council (AALC), United Chinese Americans (UCA), Chinese Civic Center, Houston Chinese Alliance (HCA), DFW Chinese Alliance (DFWCA), APAPA TX, OCA-Greater Houston are organizing a Houston Rally on February 11, 2023, to protest against the proposed discriminatory Senate Bills 147 and 552. The march aims to raise awareness about these bills' implications and voice the immigrant communities' concerns and opposition to the New Chinese Exclusion Act.The proposed legislation classifies immigrants from four countries as security threats, ignoring that these individuals left their home countries in search of the American Dream. These pieces of legislation will strip immigrants of their right to purchase real property and grant the Texas Governor and the Texas Legislature unchecked power to classify any immigrant group as a security threat in the future. AALC and numerous other community organizations denounce these two bills that go against the very essence of the American Dream, which has always been about providing equal opportunities to all individuals, regardless of their background. The march will bring together over 500 attendees from the immigrant community to stand in solidarity against these racist bills and demand that their rights be protected. They will be joined by numerous Houston-area elected officials, community leaders and members. What: Anti-SB 147 Rally & March When: Saturday, February 11, 2023, 10:00AM - 12:00PM Where: Sterling Plaza 黃金廣場, 9888 Bellaire Blvd, Houston, TX 77036 Contact: Dr. Fengxiang Qiao , 832-293-0914 New York Times Reports on Discriminatory Land Bills On February 7, 2023, the New York Times reported that states are pursuing bills to bar Chinese citizens from purchasing land. According to the report, Governor Greg Abbott announced his support for a bill to stop Chinese citizens and companies from buying land, homes or any other real estate in Texas. "We don't want to have holdings by hostile nations," Gov. Ron DeSantis of Florida said in a news conference last month. Gov. Glenn Youngkin of Virginia made it part of his State of the Commonwealth speech soon after.In Texas, Democratic leaders said the broad measure now before the Legislature appeared to be prompted more by a rising anti-China political environment than by any legitimate concern over espionage or foreign ownership of the food supply. The bill as currently written would make it impossible for the large number of Chinese immigrants who have come to work in the tech sector or study at Texas universities to do something as basic as buy a home. A 2021 census survey estimated that about 150,000 foreign-born Chinese are living in Texas. Protesters have rallied against the bill in Houston and Dallas in recent weeks, saying that the legislative efforts could worsen the climate of anti-Asian violence and could be easily extended to include other immigrant groups. Lawyers with the American Civil Liberties Union of Texas said the measure was likely to run afoul of the federal government's prerogative to manage relations with other nations, and that it was unconstitutional. The discriminatory bill would prohibit members of the targeted communities from participating in the Texas economy, including dual citizens and legal permanent residents, such as green card holders. Some legal scholars are also skeptical. Such a bill would raise a host of constitutional issues because the measure does not distinguish between targeting people who are already here and those outside the United States. It raises serious due process and equal protection issues. The share of United States farmland owned by Chinese people and companies is small and has not been growing substantially. Chinese owners held about 350,000 acres at the end of 2020, and most of the farmland came from the Chinese acquisition of Smithfield Foods in 2013. Canadian owners, by contrast, held 12.4 million acres. (Source: Congressional Research Service: Foreign Ownership and Holdings of U.S. Agricultural Land ) Read more about the New York Times report: https://nyti.ms/40IuVEq . Los Angeles Times Reports on New Chinese Exclusion According to the Los Angeles Times on February 8, 2023, Republican leaders rumored to be open to 2024 presidential runs are eyeing more narrow property restrictions focused on agriculture as part of a tough-on-China push. Some Democrats, too, have expressed similar concerns. The Texas legislation will make some people more “willing to express their hatred toward certain race groups,” said Hao Zhu , an associate professor at the University of Texas at Austin. “From COVID, already just because of our skin color, we were hated.” Zhu attended the rally with her husband and 2-year-old son, who was balanced in his dad’s arm holding tiny Texas and American flags. “Look around,” Zhu said, as families and businesspeople — many waving American flags and chatting in English or Mandarin — walked past the Capitol. The bill is not affecting a “security issue at the national level” but “regular people’s lives.” She started to bring up fears about her son going to school, then paused, in tears.A California bill, authored by a Democrat, to restrict foreign ownership of agricultural land passed the Legislature last year but was vetoed by Gov. Gavin Newsom .Some experts wonder whether policies that turn away from America’s democratic strengths will only hurt the U.S. in the long term. “A ban that targets a person’s country of origin, particularly if it includes those on a pathway to U.S. citizenship, goes against everything that the United States stands for,” said Jessica Chen Weiss , a political scientist and government professor at Cornell University. At the Austin rally, people held signs that said, “STOP Chinese Exclusion,” evoking the Chinese Exclusion Act, a 19th century law that blocked citizenship to Chinese residents in the U.S., affirming the exclusion of Asian immigrants from a 1790 naturalization law. A speaker also referenced “alien land laws,” racist laws in California and other states that restricted Asian immigrants and others from owning property, including agricultural land.Lawmakers’ framing of the new bill as a national security measure also in some ways echoes the past. Madeline Hsu , a history professor at the University of Texas at Austin, said that in historically justifying anti-Chinese immigration laws, Chinese immigrants were portrayed “as this threat to the civilization of the United States.”Read the Los Angeles Times report: https://lat.ms/3XhN1u4 Agriculture.com Reports on Federal Bills According to Agricultute.com on February 3, 2023, Rep. Elise Stefanik , a member of the House Republican leadership, and 19 other representatives filed the Promoting Agriculture Safeguards and Security bill in the House, while six senators offered the Senate version. Along with prohibiting China, Russia, Iran, and North Korea from buying U.S. agricultural land or companies, the bill would make the Agriculture Department a member of the interagency Committee on Foreign Investment in the United States, which decides if projects would pose a national security risk. Federal law requires foreign individuals and entities to disclose ownership information to the USDA, but it does not restrict ownership of private U.S. agricultural land. Fourteen states restrict or prohibit foreign ownership. Read the Agriculture.com report: http://bit.ly/3I9hPJb Texas State Representative Gene Wu at January APA Justice Monthly Meeting Gene Wu is a Texas State Representative and a champion of immigrant rights serving in his sixth term at the Texas Legislature. As a proud immigrant himself, Rep. Wu has dedicated his career to serving the community and advocating for policies that promote equality and justice for all individuals, regardless of their background.On February 6, 2023, Rep. Wu explained the discriminatory nature and implications of Texas Senate Bill 147 and related legislations in the APA Justice monthly meeting. He has been a leading voice of the rallies in Texas."If the concern is about national security or foreign actors, we have already passed that law in 2021. It was Senate Bill 2116. It was signed into law, and it is already in effect," said Rep. Wu. He warned that the added provisions target individuals and its mentality is spreading across the nation. A lot of it is based on tensions between the U.S. and China, but it is really a rehashing of similar discriminatory laws that were passed against Asian Americans for the past century and a half, going back to the 1800s and into the 20th century. It is now revived in the 21st century. Nisha Ramachandran , Executive Director of Congressional Asian Pacific American Caucus (CAPAC), reported that CAPAC members in Texas have brought up their concerns and asked to be kept informed about the developing situation. Nisha can be reached at nisha.ramachandran@mail.house.gov . Organizers of the Austin, Dallas, and Houston rallies were recognized in the meeting. Some gave remarks and joined the discussion.Watch Rep. Wu's talk and discussions in this YouTube video: https://bit.ly/3DVEdU6 (56:48) Upcoming Mini Series of Two Webinars on Texas SB 147 and Alien Land Laws It was announced during the January 9 APA Justice monthly meeting that a mini series of two webinars is being organized. It will be co-sponsored by United Chinese Americans (UCA, www.ucausa.org ), APA Justice ( www.apajustice.org ) and 1882 Foundation ( www.1882foundation.org ) The first webinar is tentatively scheduled around February 16-18. Invited panelists include (1) Texas State Representative Gene Wu , (2) Attorney Clay Zhu of the Chinese American Legal Defense Alliance (CALDA), (3) Representative from the National Iranian American Council (NIAC), and (4) Representative from the American Civil Liberties Union of Texas. Rep. Judy Chu , Chair of Congressional Asian and Pacific American Caucus (CAPAC), is invited to give the opening remark. The second webinar is tentatively scheduled for March 1, 2023, 6:30 PM ET/3:30 pm PT. It will provide a historical perspective to understanding the consequences and significance of laws as being proposed in Texas. Invited panelists include (1) Carol Suzuki , Professor of Law, University of New Mexico, (2) Madeline Hsu , Professor, Mary Helen Thompson Centennial Professorship in the Humanities, University of Texas at Austin, and (3) Texas State Representative Gene Wu . Janelle Wong , Director, Asian American Studies andProfessor, American Studies and Government and Politics at the University of Maryland, will serve as moderator. Ted Gong , Executive Director of the 1882 Foundation, will give opening remarks.More details will come soon. New Asian American Pacific Islander Caucus in Texas According to the Austin American-Statesman on January 31, 2023, State Reps. Gene Wu , Salman Bhojani , and Suleman Lalani announced that they intend to create an Asian American and Pacific Islander legislative caucus. The announcement coincided with the progressive organization Rise AAPI holding AAPI Legislative Day at the Capitol to discuss the obstacles and opportunities Asian American and Pacific Islander Texans have this legislative session.The committee will be co-chaired by Wu, D-Houston, and Angie Chen Button , R-Richardson. In addition to Bhojani, D-Euless, and Lalani, D-Sugar Land, Reps. Hubert Vo , D-Houston, and Jacey Jetton , R-Katy, will serve in the caucus. The legislators intend to register the caucus with the Texas Ethics Commission soon, according to Wu's office."The formation of the AAPI caucus is a big stepping stone, a big milestone for our community," Wu said.The Legislature hit new diversity milestones this year with the election of Lalani and Bhojani, the first Muslim state representatives in Texas.Read the Austin American-Statesman report: http://bit.ly/3jD7vQx Notre Dame Expert on Bills Preventing Chinese Citizens and Companies from Purchasing Land According to a press release by the University of Notre Dame on February 8, 2023, Kyle A. Jaros , Associate Professor of Global Affairs, said the following in response to the recent trend among states that are pursuing and supporting bills to prevent Chinese citizens and companies from purchasing land:“The intense politicization of state- and local-level ties with China during the past few years marks a major departure from past trends. State and local relations have moved from the background of U.S.-China relations to the foreground, becoming a driver of broader U.S.-China dynamics in their own right. Whereas a few years ago both sides regarded state- and city-level interactions as a stabilizing element in the larger relationship, this domain has now become a lightning rod. ”“However, in today's heated political atmosphere, many states and communities risk overreacting to what they perceive as an omnipresent menace of CCP influence. While targeted measures to address known security risks are sensible, adopting blanket restrictions on commercial, educational, and/or scientific interaction with Chinese businesses and citizens will come with huge collateral costs: further inflaming anti-Chinese and anti-Asian xenophobia, harming the economic development of states and localities, undermining the vitality of the U.S. higher education sector and accelerating the dangerous downward spiral in national-level relations.”Read the University of Notre Dame press release: http://bit.ly/3x9V9SQ 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 February 9, 2023 Previous Newsletter Next Newsletter

Newsletter - #298 US-China STA Renewed; Arkansas' Laws Halted; Andy Kim on Tolerance; Lisa Su; More #298 US-China STA Renewed; Arkansas' Laws Halted; Andy Kim on Tolerance; Lisa Su; More In This Issue #298 · US-China Science Technology Agreement Renewed · Arkansas' Foreign Ownership Restrictions Halted · Senator Andy Kim on Tolerance and Unity · Time CEO of The Year: Lisa Su · News and Activities for the Communities US-China Science Technology Agreement Renewed According to the Washington Post, Reuters, Nature, Science, NBC News, and other media reports, the United States and China renewed but narrowed a long-running science and technology agreement on December 13, 2024, marking continuity in their ties while also accounting for bilateral tensions that are likely to only grow under the incoming Trump administration. The previous agreement expired on August 27, 2024. The U.S.-China Science and Technology Cooperation Agreement, which was first signed in 1979 to enable basic research collaboration between the two countries, will be renewed for five years under altered terms that reflect the fraught reality of today’s U.S.-China relationship, according to statements from the U.S. and Chinese governments.The new version modifies the terms to account for the increased tensions between the two countries, including clarification of rules on data sharing and how to resolve disputes.With new guardrails around research security and transparency, as well as intellectual property protections, the agreement ensures that any federal science and technology cooperation with China “benefits the United States and minimizes risks to U.S. national security,” according to a State Department statement . “This Agreement does not facilitate the development of critical and emerging technologies.” The State Council of the People's Republic of China issued a statement on December 14. The extension of the Agreement Between the United States and China on Cooperation in Science and Technology is in line with the interests of the two peoples, and is what the international community hopes to see, Foreign Ministry spokesman Lin Jian said on December 16.Many scientists are pleased. “The new agreement is a very positive step,” says Deborah Seligsohn , a political scientist at Villanova University. “It’s a signal to U.S. scientists that their government still values a bilateral relationship with China, even one with more guardrails.” Li Tang , a science policy specialist at Fudan University, calls the latest version “a win-win-win for the U.S., China, and other nations that benefit from not having to take sides” in the growing economic and political competition between the two superpowers.The new agreement also covers the safety of individual scientists. According to State Department official, “We don’t want U.S. researchers involved in an innocuous project to be caught up in a situation where some overzealous official harasses them or detains them. We wanted to signal to Congress that we are aware of issues of arbitrary detention and exit bans in China.”Chinese observers think the concern for researcher safety should cut both ways. “Ensuring fairness and safety for Chinese researchers abroad is essential to re-establishing a stable framework for scientific exchange and joint research,” Tang says, citing the harmful effect on Chinese scientists of a campaign launched by the Trump administration to thwart Chinese economic espionage. 2024/12/16 China Daily : Sino-US sci-tech agreement extended 2024/12/14 NBC News: U.S. and China renew science and technology pact amid growing rivalry 2024/12/13 Washington Post : U.S. and China renew science agreement as officials brace for new tensions 2024/12/13 Reuters : Biden administration inks renewed science cooperation deal with China; Republicans cry foul 2024/12/13 Nature : US and China sign new science pact — but with severe restrictions 2024/12/13 Science : United States and China renew science pact despite rising tensions Arkansas' Foreign Ownership Laws Halted On December 11, 2024, the National Agricultural Law Center reported that a U.S. District Court in Arkansas issued a preliminary injunction in favor of Jones Eagle, LLC., or Qimin "Jimmy" Chen , a naturalized U.S. citizen who lives in New York. Chen controls the firm through Eagle Asset Holding Inc., which owns a majority stake in Jones Eagle. The ruling prevents the state from enforcing its foreign ownership laws against the plaintiff until further notice. This followed an earlier temporary restraining order (TRO) granted to Jones Eagle, which halted Arkansas’s enforcement of its foreign ownership laws for 14 days, expiring on December 9, 2024.In its 43-page ruling , the Court found that the Arkansas laws may conflict with federal law and constitutional protections. It rejected the state's motion to dismiss, affirming the lawsuit's jurisdiction and ripeness.The lawsuit, Jones Eagle LLC v. Ward ( 4:24-cv-00990) , was filed on November 13, 2024, in the U.S. District Court for the Eastern District of Arkansas. It challenges Arkansas Acts 636 (2023) and 174 (2024) as unconstitutional. The injunction was granted based on the likelihood that Jones Eagle would succeed on its claims, including arguments about preemption, equal protection, and due process violations. The case continues with a focus on constitutional and federal preemption issues.According to Arkansas Advocate , Jones Eagle filed suit against the state, Arkansas Secretary of Agriculture Wes Ward and Attorney General Tim Griffin . The suit claims the two laws violate the Fourteenth and Fifth Amendments to the U.S. Constitution by denying due process, illegally discriminating against a person based on national origin and depriving a person of just compensation for taking property. The plaintiff is represented by Kutak Rock LLP and Paul L. Hoffman, Director of Civil Rights Clinic, and Robert S. Chang, Executive Director of the Fred T. Korematsu Center for Law and Equality at University of California Irvine School of Law Act 636 , also known as Senate Bill 383, prohibits ownership of property in Arkansas by companies or individuals connected with the Chinese government and several other countries considered adversaries of the United States. It gives the state agriculture department authority to investigate allegations of such ownership and directs the attorney general to take action to force the divestiture of the property through judicial foreclosure. Act 174 , also known as Senate Bill 79, amended the law regulating digital asset mining operations, also known as data centers, and prohibits ownership by “foreign-party-controlled” interests connected to the same countries listed in Act 636.Read more about Senate Bill 383 and other state alien land bills at the Committee 100 tracker for the 2023 legislative session at https://bit.ly/4cqxFfg The Arkansas lawsuit was discussed briefly by Ashley Gorski , Senior Staff Attorney for ACLU, during the alien land laws webinar co-hosted by the Committee of 100 and APA Justice on December 11, 2024. In response to a question from the audience about who should be contacted by individuals impacted by state alien land laws, Gorski suggests that they may contact ACLU and her at agorski@aclu.org . Information about the about the webinar is located here: https://bit.ly/3CEWK9p . A video recording of the webinar is posted at https://www.youtube.com/user/committee100 Committee of 100 Alien Land Laws Tracker ( 2024 , 2023 )APA Justice: Alien Land Bills 2024/12/10 National Agricultural Law Center: Federal Judge Halts Enforcement of Arkansas' Foreign Ownership Restrictions 2024/12/09 Jones Eagle LLC v. Ward (4:24-cv-00990): Redacted Preliminary Injunction Order 2024/11/26 Arkansas Advocate : Arkansas laws targeting foreign ownership of land and data center put on hold Senator Andy Kim on Tolerance and Unity Newly-elected Senator Andy Kim made a poignant observation as he transitioned from the House to the Senate. Reflecting on the House chamber, he shared something that often goes unnoticed: the center aisle—the one the President walks down for the State of the Union, dividing the Republican and Democratic sides—ends at an inscription of the word "Tolerance." "Why 'tolerance'?" he asked.At first glance, tolerance might not seem particularly inspiring. The word can even sound negative, as in tolerating noise or bad behavior. That’s why political leaders often prefer terms like "unity." Why, then, isn’t "unity" inscribed in this central location? After all, the nation's motto, E Pluribus Unum (Out of Many, One), is inscribed on the Capitol Dome, a symbol of national identity.Senator Kim reflected that tolerance offers a unique path toward togetherness while still recognizing the challenges posed by differences. Unlike unity, which can sometimes suggest total agreement or harmony, tolerance acknowledges that differences exist—and that they always will. It does not suggest a melting pot where everyone is the same or a singular sense of what it means to be American. Instead, tolerance embraces the idea that our belief in freedom is more important than our discomfort with how others live their lives."Tolerance exists in the space between unity and disunity," he observed. It rejects the notion that we are enemies and instead fosters respect for one another despite our differences. Tolerance stands against separation and segregation, promoting coexistence over division. Importantly, tolerance is not a weakness. It does not mean compromising one’s values or ignoring hate. As President John F. Kennedy famously said, "Tolerance implies no lack of commitment to one's own beliefs. Rather, it condemns the oppression or persecution of others." Senator Kim acknowledged that building a society grounded in tolerance is not easy. "How do we forge a tolerance that flows in all directions?" he asked. "I don’t claim to have all the answers. But I do think there’s value in the concept and that it should be thought of with similar rigor as we do toward unity."In reframing tolerance as an active and essential value—not merely a fallback from unity—Senator Kim reclaimed the term from its often-dismissive connotations. While unity may inspire, tolerance is the framework that allows a diverse society to function. His remarks invite a deeper engagement with the idea of tolerance, not as an abstract principle, but as a call to action for coexistence and mutual respect. Time CEO of The Year: Lisa Su Lisa Su 蘇姿丰 , the CEO of AMD, was named Time 's 2024 CEO of the Year in recognition of her transformative leadership in the semiconductor industry. Under her guidance, AMD achieved a remarkable turnaround, evolving from a struggling company with stock prices at $3 per share in 2014 to a powerhouse trading at over $130 today. Su's strategic focus enabled AMD to surpass Intel in company value and expand its influence into gaming and artificial intelligence technologies. Time highlighted Su's hands-on leadership style, noting her weekend meetings, detailed review of technical documents, and direct involvement in evaluating prototype chips. Her work ethic and innovation have positioned AMD as a major competitor in the rapidly growing AI chip sector. Su has been lauded as a trailblazer, emphasizing the critical role of semiconductors in shaping the future of AI and other technologies.Su , 55, was born in Taiwan and received her BS, MS, and Ph.D. degrees from MIT. She is cousin of Jensen Huang 黃仁勳 , founder, president and chief executive officer of Nvidia. News and Activities for the Communities 1. APA Justice Community Calendar Upcoming Events: 2024/12/22 Rep. Gene Wu's Town Hall Meeting2025/01/05 Rep. Gene Wu's Town Hall Meeting2025/01/06 APA Justice Monthly Meeting2025/01/15 Master Class: Maintaining the Effectiveness of Organizational Equity Initiatives in the Current Environment2024/01/16 Master Classes: Asian American Career Lessons2025/01/19 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. 2. C100 Launches “Master Classes for Organizations: Managing Equity Initiatives” The Committee of 100 is launching a new program under the title of “Master Classes for Organizations: Managing Equity Initiatives” where it will feature experts who will conduct tutorials on various topics related to how organizations (corporate, non-profit, government) can more effectively manage their equity initiatives. Two classes will be held on January 15 and 16, 2025, respectively. This program is separate from the Master Classes for Individuals programs that focus on giving advice to Asian Americans as individuals who are dealing with career ceiling issues. WHAT : “Master Class: Maintaining the Effectiveness of Organizational Equity Initiatives in the Current Environment” WHEN: January 15, 2025, 6:00 - 7:00 pm Eastern Time WHERE : Online Webinar HOST: Committee of 100 Moderator : Peter Young , CEO, Young & Partners; Committee of 100 Speakers: · Joyce Chang , Global Head of Research for J.P. Morgan and Executive Sponsor for J.P. Morgan Chase’s network for employees of Asian heritage (AsPIRE) · Jenny R. Yang , Workplace Equal Opportunity Government Leader, Former Chair of the U.S. Equal Employment Opportunity Commission and Former White House, Domestic Policy Council as a Deputy Assistant to the President for Racial Justice and Equity REGISTRATION : https://bit.ly/4iMC1B8 ***** WHAT : "Master Classes: Asian American Career Lessons – Developing a Personal Brand” WHEN: January 16, 2025, 6:00 - 7:00 pm Eastern Time WHERE : Online Webinar HOST: Committee of 100 Moderator : Peter Young , CEO, Young & Partners; Committee of 100 Speaker: Jerry Won , CEO of Just Like Media REGISTRATION: https://bit.ly/4ge4gXI 3. SoCal man pleads guilty to hate crime against Asian woman According to AsAmNews and LA Times on December 12, 2024, a Southern California man punched an Asian American woman in the head and shouted slurs at her as she lay injured in the street. Now he has pleaded guilty to a federal hate crime.The victim, who is unnamed in the plea agreement, was walking to work in Culver City at 1 a.m. on June 14, 2021. Jesse Lindsey , 38, described as a homeless man who last lived in Fontana, approached the victim, whom he perceived to be Asian, prosecutors said."You can't say hi to a motherf— white boy?" he reportedly yelled, before punching the victim and knocking her down. According to prosecutors, Lindsey shouted, "You hear what I said?" and referred to the woman using the N-word. "I said good morning, b—." The victim received 11 stitches for her injuries after hitting her head on the street when she fell.He is scheduled to be sentenced in March, 2025. # # # 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 17, 2024 Previous Newsletter Next Newsletter

U.S. Attorney General Jeff Session launched the China Initiative to combat national security threats and economic espionage emanating from the People’s Republic of China. Without a definition of what constitutes a China Initiative case, it drifted to profile and stigmatize Asian Americans and individuals of Asian descent, creating severe damage and a chilling effect on scientific collaboration and harming U.S. leadership in science and technology. November 1, 2018 Table of Contents Overview FBI Director’s Profiling Approach NIH’s Own “China Initiative” Criminalizing China The Ethnic Targeting of Chinese Scientists Links and References Overview On November 1, 2018, U.S. Attorney General Jeff Session announced the launch of the China Initiative to combat national security threats and economic espionage emanating from the People’s Republic of China (PRC). “This Initiative will identify priority Chinese trade theft cases, ensure that we have enough resources dedicated to them, and make sure that we bring them to an appropriate conclusion quickly and effectively.” Sessions said. President Donald Trump fired Sessions less than a week later, but the China Initiative remained in operation for 1,210 days until it was ended by the Joe Biden Administration on February 23, 2022. The Department of Justice (DOJ) had no definition of what constitutes a China Initiative case. DOJ created an online report on what it considered to be Chinese Initiative cases. The online report was last updated on November 19, 2021, three months before the initiative officially ended. According to MIT Technology Review , there have been 77 known China Initiative cases impacting 162 individuals. Based on a comprehensive analysis of the cases, MIT Technology Review concluded that the initiative had increasingly charged academics with “research integrity” issues. Nearly 90% of the defendants charged were of Chinese heritage, lending credence to wide-spread allegations that scientists and researchers of Chinese origin were racially profiled and targeted under the China Initiative despite denials by the government. The DOJ China Initiative cases included only indictments and prosecutions. It did not include investigations or surveillance by the Federal Bureau of Investigations (FBI) and other federal law enforcement agencies and grant agencies such as the National Institutes of Health (NIH). NIH ran its own China Initiative. By March 23, 2023, a year after the official end of the China Initiative, NIH’s own “China initiative” had upended hundreds of lives and destroyed scores of academic careers. In contrast to the very public criminal prosecutions of academic scientists under the China Initiative, NIH’s version was conducted behind closed doors. FBI Director’s Profiling Approach The first thunder of the New Red Scare came on February 13, 2018, when FBI Director Christopher Wray testified in a Senate Intelligence Committee hearing and targeted all students, scholars and scientists of Chinese origin as a national security threat to the United States. Wray responded to a question in the hearing, “I think in this setting I would just say that the use of nontraditional collectors, especially in the academic setting, whether it’s professors, scientists, students, we see in almost every field office that the FBI has around the country. It’s not just in major cities. It’s in small ones as well. It’s across basically every discipline.” Asian American advocates were outraged by Wray’s presumption that every Chinese professor, scientist, and student was guilty of collecting intelligence for the Chinese government until proven innocent. Conflating the stereotype of “perpetual foreigners” and the loyalty of Asian Americans to the United States, Wray pledged to pursue a “whole-of-society” approach to address the threat of China. His use of the term “non-traditional collectors” for spies parallelled “thousand grains of sand” during the prosecution of Dr. Wen Ho Lee and “fifth column” in referral to Japanese Americans during World War II. Qian Xuesen, also known as Hsue-shen Tsien, a founder of the Jet Propulsion Laboratory, became a victim of the Second Red Scare during the Cold War era, facing accusations of “communist sympathies” despite his contributions to American scientific advancement. Fourteen Asian American community organizations wrote to Wray on March 1, 2018, and called for “an opportunity to discuss how well-intentioned public policies might nonetheless lead to troubling issues of potential bias, racial profiling, and wrongful prosecution.” Wray never responded to the letter. References and Links Wikipedia: Qian Xuesen 2020/02/02 The Intercept: The FBI’s China Obsession - The U.S. Government Secretly Spied on Chinese American Scientists, Upending Lives and Paving the Way for Decades of Discrimination 2019/12/31 Bloomberg: As China Anxiety Rises in U.S., Fears of New Red Scare Emerge 2019/07/20 New York Times: A New Red Scare Is Reshaping Washington 2018/03/23 Huffington Post: FBI Director Defends Remarks That Chinese People In U.S. Pose Threats 2018/03/08 Washington Post Opinion: America’s new — and senseless — Red Scare 2018/03/01 14 Coalition Organizations: Coalition letter to FBI Director Wray 2018/03/01 Committee of 100: Community Organizations Call for Meeting with FBI Director Christopher Wray Regarding Profiling of Students, Scholars, and Scientists with Chinese Origins 2018/02/27 Asia Times: FBI director’s grave mistake on targeting Chinese-Americans 2018/02/16 纽约都市新闻网: 华裔议员严厉谴责Rubio和Wray针对中国学生的极端言论 2018/02/15 CAPAC: CAPAC Members on Rubio and Wray’s Remarks Singling Out Chinese Students as National Security Threats 2018/02/14 Inside Higher Ed: The Chinese Student Threat? 2018/02/13 Advancing Justice | AAJC: FBI Director’s Shock Claim: Chinese Students Are a Potential Threat 2018/02/13 U.S. Senate Select Committee on Intelligence: Hearing on Global Threats and National Security 2016/05/25 60 Minutes: Collateral Damage 2015/05/10 New York Times: Accused of Spying for China, Until She Wasn’t 2000/09/14 New York Times: Statement by Judge in Los Alamos Case, With Apology for Abuse of Power . 1999/12/11 Washington Post: China Prefers the Sand to the Moles 1964/02/02 New York Times: F.B.I. Chief Warns of Red China Spies NIH’s Own “China Initiative” According to the Science Magazine, Francis Collins, the Director of the National Institutes of Health (NIH) sent a missive to more than 10,000 institutions on August 20, 2018, asserting that "threats to the integrity of U.S. biomedical research exist" and highlighted the failure to disclose "substantial resources from other organizations, including foreign governments." Collins wrote that "in the weeks and months ahead you may be hearing from [NIH] regarding … requests about specific … personnel from your institution." Dubbed as NIH’s own “China Initiative,” NIH began sending letters to dozens of major U.S. research universities in March 2019, asking them to provide information about specific faculty members with NIH funding who are believed to have links to foreign governments that NIH did not know about. Universities reportedly scrambled to respond to the unprecedented queries. Some academic administrators worry the exercise could cast a chill over all types of international scientific collaborations. Others fear that the inquiry may become a vehicle to impugn the loyalty of any faculty member—and especially any foreign-born scientists—who maintain overseas ties. At some institutions, every researcher flagged by NIH was Chinese American. The vaguely worded letters did not contain specific accusations, nor did it explain any aspect of the process. By March 23, 2023, a year after the official end of the China Initiative, Science reported that NIH’s “China initiative” has upended hundreds of lives and destroyed scores of academic careers. In contrast to the very public criminal prosecutions of academic scientists under the China Initiative, NIH’s version was conducted behind closed doors. More than one in five of the 246 scientists targeted were banned from applying for new NIH funding for as long as 4 years—a career-ending setback for most academic researchers. And almost two-thirds were removed from existing NIH grants. Some 81% of the scientists cited in the NIH letters identify as Asian, and 91% of the collaborations under scrutiny were with colleagues in China. In only 14 of the 246 cases—a scant 6%—did the institution fail to find any evidence to back up NIH’s suspicions. NIH is by far the largest funder of academic biomedical research in the United States, and some medical centers receive hundreds of millions of dollars annually from the agency. So when senior administrators heard Michael Lauer, NIH deputy director for extramural research, say a targeted scientist “was not welcome in the NIH ecosystem,” they understood immediately what he meant—and that he was expecting action. “If NIH says there’s a conflict, then there’s a conflict, because NIH is always right,” says David Brenner, who was vice chancellor for health sciences at the University of California, San Diego (UCSD), in November 2018 when the institution received a letter from Lauer asking it to investigate five medical school faculty members, all born in China. “We were told we have a problem and that it was up to us to fix it.” In a panel discussion hosted by the University of Michigan in March 2024, Professor Ann Chih Lin, asserted that NIH made it clear that if they couldn’t resolve concerns regarding a faculty member and a grant, NIH would not only require universities to repay the grant, but also investigate universities’ entire portfolio of NIH grants. Fearing the loss of grant money, universities often approached the implicated professors and encouraged them to resign voluntarily or retire early. This strategy aimed to avoid a public disciplinary hearing or grievance process, which could bring unwanted attention to the case. Professors involved in such investigations typically refrained from discussing their cases to protect both themselves and the universities, often choosing to depart quietly. References and Links 2024/03/29 University of Michigan News: US universities secretly turned their back on Chinese professors under DOJ’s China Initiative 2023/02/23 Science: Pall of Suspicion 2019/03/01 Science: NIH letters asking about undisclosed foreign ties rattle U.S. universities Criminalizing China The name of China Initiative by itself is problematic. "Using 'China' as the glue connecting cases prosecuted under the Initiative's umbrella creates an overinclusive conception of the threat and attaches a criminal taint to entities that possess 'China-ness,' based on PRC nationality, PRC national origin, Chinese ethnicity, or other expressions of connections with 'China.,'" Professor Margaret Lewis wrote in her article "Criminalizing China" in 2020. Her article further contends that, when assessed in light of the goals of deterrence, incapacitation, rehabilitation, and retribution, it is worrisome that the prosecution and punishment of people and entities rests in part on a connection with “China.” A better path is to discard the “China Initiative” framing, focus on cases’ individual characteristics, and enhance the Department of Justice’s interactions with nongovernmental experts. Margaret K. Lewis, Criminalizing China , 111 J. Crim. L. & Criminology 145 (2020). https://scholarlycommons.law.northwestern.edu/jclc/vol111/iss1/3 The Ethnic Targeting of Chinese Scientists On November 19, 2020, The China Project produced a video titled “ The China Initiative: The ethnic targeting of Chinese scientists and the subsequent brain drain .” (7:30) The China Project talked to lawyers, academics, and victims of the China Initiative for their perspective. Many Chinese and Chinese American researchers feel that the program has placed a target on their back, and that they are being unfairly targeted for their Chinese ethnicity. There are also critics who say the Initiative has done little more than drive talent away from the U.S. https://www.youtube.com/watch?v=FQ1__sV_F7s Jump to: Overview FBI Director’s Profiling Approach NIH’s Own “China Initiative” Criminalizing China Ethnic Targeting of Chinese Scientists U.S. Attorney General Jeff Session launched the China Initiative to combat national security threats and economic espionage emanating from the People’s Republic of China. Without a definition of what constitutes a China Initiative case, it drifted to profile and stigmatize Asian Americans and individuals of Asian descent, creating severe damage and a chilling effect on scientific collaboration and harming U.S. leadership in science and technology. Previous Next 1. DOJ launched China Initiative