Newsletter - #276 9/9 Meeting; NIH's China Initiative; Talent Programs; Heartland/Mainland; Texas Raids+ #276 9/9 Meeting; NIH's China Initiative; Talent Programs; Heartland/Mainland; Texas Raids+ In This Issue #276 · 2024/09/09 APA Justice Monthly Meeting · NIH's "China Initiative" · International Talent Programs in the Changing Global Environment · From Heartland to Mainland: Reflections and Insights on US-China Agricultural Roundtable · Texas Raids Latino Democrats' Homes, Including Those of LULAC Members · News and Activities for the Communities 2024/09/09 APA Justice Monthly Meeting The next APA Justice monthly meeting will be held via Zoom on Monday, September 9, 2024, starting at 1:55 pm ET. In addition to updates by Nisha Ramachandran , Executive Director, Congressional Asian Pacific American Caucus (CAPAC); Joanna YangQing Derman , Director, Advancing Justice | AAJC; and Gisela Perez Kusakawa , Executive Director, Asian American Scholar Forum (AASF), invited speakers are: · Ted Lieu , Member, U.S. House of Representatives; Vice Chair, Democratic Caucus (invited) · Jane Shim , Director, Stop Asian Hate Project, Asian American Legal Defense and Education Fund (AALDEF) (confirmed) · Tori Bateman , Director of Advocacy, Quincy Institute (confirmed) · Sandy Shan , Director, Justice Is Global (confirmed) · Christine Chen , Co-Founder and Executive Director of Asian Pacific Islander American (APIA) Vote (confirmed) 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 . NIH's "China Initiative" According to the South China Morning Post on August 26, 2024, the National Institutes of Health (NIH) is attempting to rebuild relationships with Asian researchers, though some scientists believe the damage is almost "irreversible."Six years after the Trump Administration's "China Initiative" targeted scientists for suspected ties to China, the NIH, which led many of these investigations, has acknowledged the "difficult climate" it created but stopped short of issuing an apology. The NIH was the first and most active federal agency in conducting these investigations.As of June 9, 2024, 112 scientists, predominantly of Asian descent, had lost their jobs due to dismissals or forced retirements. Most of these cases involved NIH-funded researchers who were suspected of undisclosed connections to Chinese institutions. Consequences ranged from job terminations to funding suspensions and criminal investigations.Tragically, a prominent Chinese American researcher in neurology and genetics died after her lab at Northwestern University's Feinberg School of Medicine was shut down.On August 15, 2024, NIH Director Dr. Monica Bertagnolli expressed support for Asian American, Asian immigrant, and Asian research colleagues, acknowledging that the government's actions had "unintended consequences" for these communities, leading them to feel "targeted and alienated."According to her statement, NIH is now working with universities and academic organizations to take steps to repair relations with Asian researchers. Dr. Nianshuang Wang , a principal scientist at Regeneron Pharmaceuticals, highlighted that researchers of Chinese descent make up a significant portion of the NIH and the broader US life sciences and biotechnology research community. Many top research papers today include contributions from these researchers. However, Dr. Wang, whose work was instrumental in developing the COVID-19 vaccine, noted that many scientists, including well-established senior figures, have left the US, feeling targeted and bullied due to their race.Although the Department of Justice ended the "China Initiative" in February 2022, the NIH's efforts to curb "foreign interference" continue. A leading Chinese-born virology professor in the US welcomed the NIH's recent statement as encouraging but cautioned that the impact of racial profiling on Asian American scientists, particularly those of Chinese origin, is "long-lasting and almost irreversible." This climate of suspicion, the professor argued, will "definitely" weaken the US's competitiveness in life sciences research, a field in which China is becoming a formidable competitor. There are approximately 100,000 Chinese-born scientists in the US, who contribute enormously to America's leadership in science. However, the number of Chinese-born scientists leaving the US has risen steadily, from 900 in 2010 to 2,621 in 2021, according to the Stanford Center on China's Economy and Institutions. In June 2024, Dr. Marcia McNutt , President of the National Academy of Sciences, warned in her address on the State of Science in the US that the country is losing its global scientific leadership to other nations, particularly China. Read the South China Morning Post report: https://bit.ly/3T5LOa0 International Talent Programs in the Changing Global Environment WHAT : International Talent Programs in the Changing Global Environment WHEN: August 29, 2024, 3:00-4:00 pm ET WHERE: Webinar HOST: National Academies of Sciences, Engineering and Medicine; speakers include Harvard University Professor of Biostatistics Xihong LinDESCRIPTION: This event highlights the public release of the International Talent Programs in the Changing Global Environment consensus study report. The report reviews foreign and domestic talent or incentive programs and recommends ways to improve the effectiveness of U.S. mechanisms for attracting and retaining the best and brightest scholars, relative to programs and incentives used by the U.S.'s strategic competitors. Members of the consensus study committee will provide an overview of the report and discuss its findings and recommendations. This will be followed by a moderated question and answer period during which members of the public can submit written questions. REGISTRATION: https://bit.ly/3X3k5If From Heartland to Mainland: Reflections and Insights on US-China Agricultural Roundtable In June 2024, the U.S. Heartland China Association (USHCA) led a special delegation of American agriculture students and faculty from 7 states, 10 universities to attend the 4th Annual U.S.-China Agriculture Roundtable in China. The immersive trip was 17 days long.On August 29, 2024, a special webinar will share the delegates' reflections and insights from their recent travels. As delegates of two American delegations organized by USHCA - the Ag & Food Business Delegation and the Ag Education Delegation – they had a front-row-seat opportunity to observe and explore the impact of US-China collaboration around agriculture as they traveled through Shanghai, Hefei, Jinan, Binzhou, Weifang, Beijing, and Xi’an.Register to attend the webinar: https://bit.ly/3Z4uWnU Texas Raids Latino Democrats' Homes, Including Those of LULAC Members According to CBS News on August 27, 2024, the nation's oldest Latino civil rights organization, League of United Latin American Citizens (LULAC), has been targeted in voter fraud raids led by Texas Attorney General Ken Paxton .LULAC, founded in 1929, has requested the Justice Department investigate Paxton's office for potential Voting Rights Act violations, accusing it of conducting illegal searches under the guise of voter fraud. The organization argues that these actions are reminiscent of historical voter suppression and intimidation tactics against Black and Latino communities. Latinos make up about 40% of the Texas population.One of those reportedly targeted was Lidia Martinez , an 87-year-old who lives in San Antonio. Martinez has been a LULAC member for over 35 years and works to expand voter registration among seniors and veterans in South Texas.She said that on August 20, 2024, there was a knock on her door in the morning, and she was greeted by nine officers in tactical gear and firearms who said they were executing a search warrant. Martinez was questioned for over three hours about her voter registration efforts in Texas. Law enforcement seized Martinez's phone, computer, personal calendar, blank voter registration forms and her certificate to conduct voter registration. "This is a free country, this is not Russia," Martinez said during a press conference denouncing the raid. Manuel Medina , the chair of Tejano Democrats, is another LULAC member who was targeted. Medina's home was raided on August 22 by police in riot gear, who were armed and broke down his door. Read the CBS News report: https://cbsn.ws/3X4qNhb News and Activities for the Communities 1. APA Justice Community Calendar Upcoming Events:2024/08/29 From Heartland to Mainland: Reflections and Insights from the U.S.-China Agriculture Roundtable2024/08/29 International Talent Programs in the Changing Global Environment 2024/08/29 Anti-Alien Land Law & Attacks on AAPI Community2024/09/01 Rep. Gene Wu's Town Hall Meeting2024/09/09 APA Justice Monthly Meeting2024/09/10-12 Chronicle Festival: The Road Ahead to 20352024/09/12 AA4D: Nobel Laureates and Scientists for Democracy 2024/09/19 1990 Teachers Workshop: Asian American Identity2024/09/19-20 AANHPI Unity Summit2024/09/25 C100: State of Chinese American Survey 2024 The Community Calendar has moved. Visit https://bit.ly/3XD61qV for event details. 2. Anti-Alien Land Laws: a Broad Overview On August 29, 2024, Texas State Representative Gene Wu will host a webinar on "Anti-Lien Land Laws: A Broad Overview," starting at 7:00 pm ET. In the past two centuries, more than a dozen states passed laws banning Asian immigrants from purchasing or acquiring property. Nationwide, states enacted Anti-Alien Land Laws in response to a wave of Anti-Asian feeling that began in mid-1800s. However, the history of Anti-Alien Land Laws can be traced back to the very founding of our country. Previous alien land laws have since been ruled unconstitutional for violating the 14th Amendment right to equal protection, as well as regulations prohibiting discrimination based on race, ethnicity, and national origin. However, legislative efforts across the United States, including here in Texas, continue to target individuals from China based solely on their national origin.Join the webinar: https://bit.ly/3X2BjFB Back View PDF August 29, 2024 Previous Newsletter Next Newsletter

Newsletter - #201 Florida Injunction; Dr. Yanping Chen; FBI Spy Hunter; United Against Hate; 08/26 March #201 Florida Injunction; Dr. Yanping Chen; FBI Spy Hunter; United Against Hate; 08/26 March In This Issue #201 Federal District Court Refuses to Halt Florida’s Discriminatory Housing Law The Case of Dr. Yanping Chen vs FBI et al An FBI Spy Hunter’s Rise and Fall “United Against Hate” Forum in San Francisco 2023/08/26 March on Washington Federal District Court Refuses to Halt Florida’s Discriminatory Housing Law On August 17, 2023, a federal district court judge refused to preliminarily block Senate Bill (SB) 264, an unconstitutional Florida law banning many Chinese immigrants, including people here as professors, students, employees, and scientists, from buying a home in large swaths of the state. As a result, SB 264 remains in effect. The judge's order denying the preliminary injunction motion is posted here: https://bit.ly/3QHsorA 2023/08/18 Washington Post: Florida judge refuses to halt law restricting Chinese land ownership 2023/08/18 South China Morning Post: US judge declines to block Florida law restricting Chinese from buying property 2023/08/17 AsAmNews: District Court declines to stop Florida Chinese land ban 2023/08/17 National Iranian American Council: NIAC Condemns Florida Court’s Denial of Preliminary Injunction for Alien Land Law (S.B. 264) 1. Press Release by ACLU According to a press release by the American Civil Liberties Union (ACLU), the Florida District Court ruling addressed the plaintiffs’ request for emergency relief and does not resolve the underlying legal arguments brought in the case. ACLU, ACLU of Florida, DeHeng Law Offices PC, the Asian American Legal Defense and Education Fund (AALDEF), and the law firm Quinn Emanuel are representing four Chinese immigrants who live, work, study, and raise families in Florida, but are prohibited under SB 264 from buying a home, as well as Multi-Choice Realty, a local real estate firm whose business is harmed by the law.“This law is hurting immigrants who are trying to build lives in Florida,” said Jian Song , owner of Multi-Choice Realty LLC. “As a Chinese American who has called Orlando my home for over 20 years, I’ve been extremely worried since this law went into effect.” Under SB 264, people who are not U.S. citizens or permanent residents, and whose “domicile,” or permanent home, is in China, are prohibited from purchasing property, including homes, in Florida. The sole exception is narrow: People with non-tourist visas or who have been granted asylum may purchase one residential property under two acres that is not within five miles of any “military installation.” This term is vaguely defined in the law, but there are at least 21 large military bases in Florida, many of them within five miles of cities like Orlando, Miami, and Tampa — putting many major residential and economically-important areas completely off-limits. A similar but less restrictive rule also applies to many immigrants from Cuba, Venezuela, Iran, North Korea, Russia, and Syria. But the law singles out people from China for especially draconian restrictions and harsher criminal penalties. “While today’s decision is disheartening, our clients will continue to fight for their rights to equality and fairness on appeal,” said Ashley Gorski , senior staff attorney at ACLU’s National Security Project. “Florida’s law legitimizes and expands housing discrimination, in violation of both the Constitution and the Fair Housing Act.”“Today’s ruling heavily relies on a decision from the Supreme Court in 1923, a time when Asian immigrants were not allowed to become citizens, own land, or vote,” said Clay Zhu , Managing Partner of DeHeng Law Offices PC. “We shall not go back.”In the early 20th century, politicians used similar justifications to pass “alien land laws” in California and more than a dozen other states, prohibiting Chinese and Japanese immigrants from becoming landowners. These racist policies severely restricted economic opportunities for immigrants and exacerbated discrimination against Asian communities in the United States, before eventually being overturned in the courts and by state legislatures. Florida was one of the last states to repeal its “alien land law” in 2018. “Our community will continue to fight against Florida’s unjust and racist law,” said Bethany Li , legal director at the Asian American Legal Defense and Education Fund. “These types of laws use false stereotypes about Asian Americans as perpetual foreigners and have repeatedly harmed our community — from the Chinese Exclusion Act, to the Japanese Americans’ incarceration during World War II, and the surveillance of South Asians in the post-9/11 period.”“We are disappointed by today’s decision, and believe it fails to account for our clients’ constitutional and statutory rights,” said Derek Shaffer , partner at Quinn Emanuel. “In our view, which the U.S. Government has supported as an amicus, people from China should be no less welcome in Florida than they are elsewhere in the United States and free to participate in the housing market on equal footing with everyone else. Recognizing that this decision decides only our request for a preliminary injunction, we look forward to continuing this litigation and to seeking recourse on appeal.”Read the ACLU press release: https://bit.ly/45p3MIq 2. Statement by CALDA In a statement by the Chinese American Legal Defense Alliance, CALDA announced that 历史不容倒退：地区法院未批准禁止令，我们将立即全力上诉 (History Shall Not Regress: District Court Did Not Grant Restraining Order, We Will Appeal Immediately With Full Strength). "We believe the District Court's decision was entirely wrong. We will not stop here, and our legal team will quickly file an appeal to the 11th U.S. Circuit Court in Atlanta in the next few weeks to overturn the district court's decision as soon as possible," the statement said. "CALDA and our civil rights alliance have formulated a response strategy. We will immediately appeal to the Eleventh Circuit Court, striving to overturn the ruling of the District Court as soon as possible. Next, we will continue to pursue our lawsuit with unwavering determination.""CALDA firmly believes that the road to rights protection may be difficult, but the door to fairness and justice has never been closed. We have only encountered a temporary setback. The truth must take time to practice and validate, but our belief in the final victory has never wavered! While the struggle against SB264's diabolical law may continue for some time, CALDA and allies are bound to overturn it completely. Our mission is to completely eliminate systematic racial discrimination against the Chinese, and to ensure that the rights and interests of the Chinese are treated fairly and justly."Read the CALDA statement in Chinese: https://bit.ly/3P0zGpd 3. Statement by NAPABA According to a statement on August 17, 2023, the National Asian American Bar Association (NAPABA) and the Asian Pacific American Bar Association of Tampa Bay (APABA Tampa Bay) profoundly disagree with the Florida federal court ruling.After the plaintiffs moved for a preliminary injunction seeking to bar the enforcement of SB 264, NAPABA and APABA Tampa Bay joined a coalition of partners and submitted an amicus brief in support of the injunction. Notably, the United States, in a Statement of Interest submitted by the U.S. Department of Justice, supported the injunction and advised that SB 264 violated the Equal Protection Clause of the Fourteenth Amendment."The Florida statute is a textbook example of invidious discrimination. The plain sweep of SB 264 not only places restrictions on individuals from China and certain other countries, including those lawfully present in the United States, in purchasing property, but it also imposes greater criminal penalties on Chinese buyers than for those from other restricted countries," the statement said."The District Court’s reasoning relies heavily on the United States Supreme Court’s decision in Terrace v. Thompson, 263 U.S. 197 (1923), which upheld Washington State’s alien land law and barred a Japanese citizen from leasing farmland. In doing so, the District Court endorses an outdated historical legal argument that alien land laws do not violate equal protection because they applied broadly to all aliens ineligible for citizenship. This theory completely disregards the fact that at the time of enactment, Asian immigrants were not eligible to naturalize. Terrace, which has not been directly overturned, noted in 1923 that it was “reasonable” that “eligible aliens are free white persons and persons of African nativity or descent,” and that “the natives of European countries are eligible. Japanese, Chinese and Malays are not.” Resting today’s decision on such discredited case law and reasoning is unacceptable."Despite the setback today, NAPABA’s vigorous advocacy will continue. "At bottom, policymakers are free to address the legitimate national security concerns of the United States, but they may not enact discriminatory laws on the backs of the AANHPI community."Read the NAPABA statement: https://bit.ly/44uwM0F The Case of Dr. Yanping Chen vs FBI et al On August 17, 2023, the U.S. District Court for the District of Columbia issued a Memorandum opinion and Order on the civil case of Dr. Yanping Chen 陈燕平 vs Federal Bureau of Investigation et al.According to the Memorandum Opinion and Order,"In 2017, Fox News Network aired a series of investigative reports about Plaintiff Yanping Chen. The thrust of the stories, principally authored by journalist Catherine Herridge , was that Ms. Chen had concealed her former membership in the Chinese military on her U.S. immigration forms and might have been using a professional school she founded in Virginia to funnel valuable information about the American military to the Chinese government. The reports also contained materials—including photographs and images of internal government documents—that Chen alleges were leaked by government personnel to Herridge and Fox, in violation of the Privacy Act. After extensive discovery and several opinions by this Court, Chen has been unable to identify the source of the alleged leak. She thus issued subpoenas to Herridge and Fox, seeking to compel them to reveal their confidential source or sources. Asserting the First Amendment’s qualified privilege for journalists, and urging the Court to adopt a federal common law newsgathering privilege, Herridge and Fox moved to quash the subpoenas."The Court recognizes both the vital importance of a free press and the critical role that confidential sources play in the work of investigative journalists like Herridge. But applying the binding case law of this Circuit, the Court concludes that Chen’s need for the requested evidence overcomes Herridge’s qualified First Amendment privilege in this case. The identity of Herridge’s source is central to Chen’s claim, and despite exhaustive discovery, Chen has been unable to ferret out his or her identity. The only reasonable option left is for Chen to ask Herridge herself."Read the Memorandum Opinion and Order: https://bit.ly/3YET7XS An FBI Spy Hunter’s Rise and Fall According to AP News and the New York Times , Charles McGonigal , a former high-ranking Federal Bureau of Investigation (FBI) counterintelligence official pleaded guilty to conspiring to violate sanctions on Russia by going to work, after he retired, for an oligarch he once investigated.As the chief of counterintelligence for the FBI in New York, he was tasked with rooting out foreign efforts to steal vital national security and economic secrets.McGonigal pleaded guilty to a single count of conspiring to launder money and violate the International Emergency Economic Powers Act. He could face up to five years in prison. Judge Jennifer H. Rearden scheduled his sentencing for December 14. He is one of the highest-ranking FBI agents ever to be convicted of a crime. The case has raised unsettling questions about the FBI’s ability to detect corruption within its ranks. Prosecutors suggested that McGonigal traveled extensively while at the bureau, meeting with foreign officials and businesspeople who, on the surface, had nothing to do with his job. Agents are required to report such contacts and certain financial transactions and to take lie-detector tests, but the bureau relies heavily on the integrity of the people it has placed in positions of trust. 2023/08/16 AP News: Ex-FBI counterintelligence official pleads guilty to conspiracy charge for helping Russian oligarch 2023/08/14 New York Times: Fast Living and Foreign Dealings: An F.B.I. Spy Hunter’s Rise and Fall “United Against Hate” Forum in San Francisco According to a LinkedIn post, The Asian American Foundation (TAAF) partnered with U.S. Attorney Ismail Ramsey for the second “United Against Hate” forum in San Francisco. The continued goal for these events are to strengthen relationships between government partners and community-based organizations by hosting a space for honest and open dialogue for law enforcement and community advocates.Participants recounted stories of anti-AAPI hate and explained why many victims do not report incidents to law enforcement. They discussed the need for accountability and stronger prevention measures to help the community feel safer. The District Attorney’s Civil Division also shared civil remedies that the community can access to address incidents of anti-AAPI bias and discrimination.Read the TAAF LinkedIn post: https://bit.ly/3P404i9 2023/08/26 March on Washington On August 26, 2023, a 2023 March on Washington will commemorate the 60th anniversary of the historic March on Washington, organized by Dr. Martin Luther King Jr. and other civil rights leaders in 1963, to continue the fight for democracy, social justice and civil rights. Join the King family and the Asian American, Native Hawaiian, and Pacific Islander communities at the Lincoln Memorial to honor the past, acknowledge the present and march toward a future of progress and equality. Back View PDF August 18, 2023 Previous Newsletter Next Newsletter

Newsletter - #303 Gene Wu on Being American; CALDA/Franklin Tao; Judy Chu; Bracing for Threats in SF; + #303 Gene Wu on Being American; CALDA/Franklin Tao; Judy Chu; Bracing for Threats in SF; + In This Issue #303 · Gene Wu: Being American and Shaping America · CALDA and Professor Franklin Tao's Lawsuit · Rep. Judy Chu's Remarks at 01/06 APA Justice Monthly Meeting · Bracing for Threats in San Francisco · News and Activities for the Communities From Governor Gavin Newsom's Office - Get Help Today on LA Fires Californians can go to CA.gov/LAfires – a hub for information and resources from state, local and federal government. Individuals and business owners who sustained losses from wildfires in Los Angeles County can apply for disaster assistance: · Online at DisasterAssistance.gov · Calling 800-621-3362 · By using the FEMA smart phone application · Assistance is available in over 40 languages · If you use a relay service, such as video relay service (VRS), captioned telephone service or others, give FEMA the number for that service. Please share with your families, friends, and colleagues in the Los Angeles area. Gene Wu: Being American and Shaping America Gene Wu 吳元之 came from China to the U.S. when he was four. Today he is the Chair of the Texas House Democratic Caucus. His district covers part of Houston, a blue city in a red state.On December 31, 2024, Gene Wu was interviewed in a podcast by Define American with Jose Antonio Vargas , Pulitzer Prize-winning journalist, filmmaker, and immigration rights activist. Gene Wu addressed a range of issues on being American, how immigrants continue to shape America, and systemic issues faced by the Chinese American and all immigrant communities today. Highlights of his talk: 1. Immigration Policy · Gene Wu frames immigration as a cornerstone of America’s success, advocating for education-based green cards and policies to attract global talent. · Criticizes restrictive immigration laws for contributing to labor shortages and economic challenges. 2. Systemic Challenges for Immigrants · Highlights issues like racial prejudice, hate crimes, and lack of trust in law enforcement among immigrant communities. · Warns against policies that undermine community safety by damaging relationships between immigrants and law enforcement. 3. Media Narratives on Immigration · Criticizes the media for oversimplifying immigration issues and failing to accurately portray the struggles and contributions of immigrant communities. 4. Political Leadership and Advocacy · Calls out policymakers for lacking nuanced understanding of immigrant issues. · Advocates for proactive community engagement to push for political change and counter discriminatory policies. 5. Coalition Building · As Chair of the Texas House Democratic Caucus, plans to unite diverse racial and cultural groups to fight discrimination and build alliances for shared goals. 6. Personal Leadership and Vision · Draws on his immigrant background to champion equitable policies. · Emphasizes the importance of collective action and public advocacy to influence political and societal outcomes. Watch the podcast and get to know Gene Wu: https://www.youtube.com/watch?v=de-RCgAMm8Y (37:31). According to AsAmNews and the Houston Chronicle , Gene Wu has sparked widespread discussion with his viral comments emphasizing the interconnected struggles of Asian and Black communities in the fight for civil rights from the podcast. Gene Wu argued that the privileges many Asian Americans enjoy today would not exist without the sacrifices made by Black Americans during the civil rights movement. He said, “The day the Latino, African American, Asian, and other communities realize that they share the same oppressor is the day we start winning because we are the majority now.” Wu highlighted how stereotypes, such as the “model minority” myth imposed on Asian Americans, have been used to pit minority groups against each other. His comments have resonated widely, going viral on social media platforms focused on Black and Asian audiences. They have also reignited discussions about the shared struggles of minority groups in the United States and the importance of unity in addressing systemic racism. Godfrey C. Danchimah Jr. , or simply Godfrey, is a Nigerian American comedian, impressionist and actor. He posted an Instagram response , in which he said, "I’m so happy that they’re having this conversation because black people and Asians are actually very similar. Here’s a fun fact, Bruce Lee 李小龙 , when he was in San Francisco, his first student was an African American." CALDA and Professor Franklin Tao's Lawsuit AsAmNews , Inside Higher Ed , NBC News , South China Morning Post , The Topeka Capital-Journal , and multiple other media have reported on the lawsuit filed by Professor Feng "Franklin" Tao (陶丰) against the University of Kansas (KU). APA Justice is tracking the case of Tao v. University of Kansas (2:25-cv-02005) with CourtListener.As the first academic indicted under the China Initiative in August 2019, Professor Tao endured a grueling five-year legal battle before being fully acquitted of all charges in July 2024. Despite his exoneration, KU has refused to reinstate Professor Tao to his tenured position.On January 8, 2025, the Chinese American Legal Defense Alliance (CALDA) 华美维权同盟 posted a Chinese-language report titled " 陶丰教授起诉堪萨斯大学歧视不公，CALDA全力以赴支持打响维权之战 " ("Professor Franklin Tao is suing the University of Kansas for discrimination and unfair treatment. CALDA is fully committed to supporting the fight for his rights").According to the report, CALDA has been actively working within the legal community to find attorneys who can seek justice for Professor Tao. After extensive discussions and careful negotiations with numerous experienced lawyers, they successfully helped Professor Tao secure legal representation from Karen R. King , a partner at Morvillo Abramowitz Grand Iason & Anello PC, a prestigious New York law firm with a 50-year history of excellence, along with her team. Karen R. King and her colleagues have agreed to represent Professor Tao pro bono, offering their services without compensation. Since the case will be heard in federal court in Kansas, a local Kansas attorney is required to participate. To further reduce Professor Tao’s litigation burden, CALDA will also cover part of the fees and case-related expenses for the local attorney in Kansas, fully supporting Professor Tao in his pursuit of justice.Attorney Karen R. King has extensive experience in complex litigation, U.S. economic sanctions compliance, regulatory enforcement, internal investigations, securities litigation, and strategic legal consulting. She has represented global financial institutions, international corporations, and individuals in numerous cases before federal and state courts, as well as in investigations by U.S. regulatory and enforcement agencies.Karen is also dedicated to public service, assisting the Asian American Bar Association of New York (AABANY) in addressing anti-Asian hate and violence issues and achieving notable successes in related Supreme Court advocacy. She was named an "Outstanding Leader" by the New York Law Journal in September 2022 and recognized as one of the "Outstanding Women in Law" by New York Business in June 2023.Read the CALDA report: https://bit.ly/3C26avy Rep. Judy Chu's Remarks at 01/06 APA Justice Monthly Meeting On January 6, 2025, Congresswoman Judy Chu , Chair Emeritus of the Congressional Asian Pacific American Caucus (CAPAC) delivered a heartfelt New Year welcome, addressing the challenges faced by Asian American and Pacific Islander (AAPI) communities and highlighting the progress achieved through collective advocacy. As she has done in recent years during APA Justice’s January Monthly Meetings, Congresswoman Chu reaffirmed her commitment to advancing civil rights and combating discrimination. Congresswoman Chu recounted the inception of the APA Justice Task Force in 2015, emphasizing its formation to address racial profiling against Asian Americans, particularly scientists such as Sherry Chen 陈霞芬 and Dr. Xiaoxing Xi 郗小星 . She stated, “I put out a call to mobilize and organize, and I’m so proud that you took action and created the APA Justice Task Force.”She expressed pride in the community’s advocacy, noting how their voices have become more influential in addressing issues such as racial profiling and defending civil rights. She condemned the China Initiative, a program initiated under President Donald Trump that disproportionately targeted Chinese American scientists. Despite its termination, she acknowledged the lasting damage it inflicted: “We saw time and time again how baseless accusations... resulted in protracted legal battles that upended lives and careers.” She credited collective efforts for ending the initiative but cautioned, “Our job is far from done.” Congresswoman Chu also condemned recent discriminatory land ownership laws at both state and local levels that specifically target Chinese and immigrant communities. She drew parallels between these laws and past racist legislation, sharing, “We’ve heard stories like... Mr. Zhiming Xu ... who was forced to cancel his contract to simply purchase a new home, losing both his property and a $30,000 deposit.” She highlighted legislative efforts to address this injustice, adding, “And it’s why Congressman Al Green and I introduced the Preemption of Real Property Discrimination Act to block state laws that would discriminate against individuals based on their citizenship.”Celebrating increased AAPI representation in Congress, she noted a record 25 AAPI members in the 119th Congress and 80 members of CAPAC, the largest in history. She reiterated her commitment to opposing discriminatory agendas and supporting the Asian American, Native Hawaiian, and Pacific Islander (AANHPI) communities.Congresswoman Chu emphasized the critical role of organizations like APA Justice in mobilizing communities, advocating for civil rights, and resisting discriminatory policies. She urged continued vigilance and activism to defend against harmful policies targeting AAPI and immigrant communities while fostering collaboration to protect civil liberties. She concluded with a pledge of ongoing support, stating, “I look forward to continuing our work together this year and beyond.”Watch Congresswoman Chu's remarks: https://www.youtube.com/watch?v=1MNT61PApwQ (8:17). A summary of the January 6 APA Justice monthly meeting is being reviewed before its release. Bracing for Threats in San Francisco According to the San Francisco Examiner on January 7, 2025, Chinese American immigrant-rights groups and political leaders in San Francisco are bracing for potential anti-immigrant policies under President-elect Donald Trump 's second term, set to begin on January 20, 2025. Trump's campaign promises of mass deportations, including targeting Chinese nationals, have sparked widespread fear and uncertainty in immigrant communities. San Francisco City Attorney David Chiu , himself the son of immigrants, voiced concerns about the harmful consequences of anti-Asian rhetoric, citing the spike in anti-Asian hate crimes during Trump’s first term. He emphasized the city’s responsibility to protect its diverse immigrant population, including the estimated 40,000 undocumented Chinese residents and their families. Local advocacy groups, such as Chinese for Affirmative Action (CAA), are working to address the fears gripping the community. Since Election Day, CAA has seen an increase in inquiries from Chinese immigrants, particularly about naturalization and legal protections. Jose Ng , CAA’s immigrants-rights program manager, emphasized the importance of spreading accurate information to counter rumors and prevent panic. The organization has launched initiatives to educate the community on their legal rights, including protections under the Fourth and Fifth Amendments, and has conducted outreach through Chinese-language media to provide reassurance. San Francisco’s sanctuary city status remains a cornerstone of its immigrant protections, ensuring that local law enforcement cannot assist U.S. Immigration and Customs Enforcement (ICE) without a warrant or court order. Jorge Rivas , executive director of the San Francisco Office of Civic Engagement and Immigrant Affairs, highlighted the city’s collaboration with nonprofits to prepare for potential federal policies. These efforts include analyzing Trump's proposed measures and ensuring a coordinated response. Officials have also encouraged immigrants to complete citizenship applications and other documentation while President Joe Biden remains in office.Despite the uncertainty, organizations like CAA are expanding their resources, including multilingual legal staff, to better serve immigrant communities. Ng stressed the importance of empowering residents through rights training and legal assistance to withstand potential challenges. “Don’t panic, because that’s what the administration wants,” he urged, while reaffirming San Francisco’s commitment to protecting its immigrant population. Advocacy groups and city officials remain united in their mission to support vulnerable communities and uphold the city’s long-standing values of inclusivity and justice.Read the San Francisco Examiner report: https://bit.ly/4jdpqHa News and Activities for the Communities 1. APA Justice Community Calendar Upcoming Events: 2025/01/15 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 Meeting2025/02/03 APA Justice Monthly Meeting2025/02/13-15 2025 AAAS Annual Meeting2025/02/16 Rep. Gene Wu's Town Hall Meeting 2025/03/02 Rep. Gene Wu's Town Hall Meeting2025/03/05 APA Justice Monthly Meeting Visit https://bit.ly/3XD61qV for event details. 2. White House Initiative Releases Final Report On January 7, 2025, the White House Initiative on Asian Americans, Native Hawaiians, and Pacific Islanders (WHIAANHPI) released Rising Together, its final report to President Joe Biden.The report highlights the Biden-Harris Administration's efforts to advance equity, justice, and opportunity for the communities, featuring updates from 29 federal agencies and 86 recommendations from the President’s Advisory Commission on AA and NHPIs. Key focus areas include combating anti-Asian hate, promoting belonging, advancing data disaggregation, improving language access, addressing COVID-19 recovery, expanding outreach and engagement, and diversifying the federal workforce.Read the final report: https://bit.ly/4fLQw5m 3. Celebration of the Life of George Koo George Ping Shan Koo 顧屏山 , a distinguished advocate for U.S.-China relations and a prominent figure in the Chinese American community, passed away on September 24, 2024, at the age of 86. His death resulted from a head injury sustained during a fall on the pickleball court. Born in Hong Kong in 1938, George immigrated to the United States as a child. He earned degrees in chemical engineering from the Massachusetts Institute of Technology (MIT) and an MBA from Santa Clara University. Throughout his career, George was instrumental in fostering American-Chinese business partnerships and was a respected voice in the Chinese American community. He was a long-time member of the Committee of 100. A celebration of George's life will be held in Mountain View, CA, on February 2, 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 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 January 13, 2025 Previous Newsletter Next Newsletter

Newsletter - #98 Letter to AG; NYT Report; "Chinese Initiative" Cases; 12/06 Monthly Meeting; More #98 Letter to AG; NYT Report; "Chinese Initiative" Cases; 12/06 Monthly Meeting; More Back View PDF November 29, 2021 Previous Newsletter Next Newsletter

Newsletter - #1 Reminder Of July 6 Meeting #1 Reminder Of July 6 Meeting Back View PDF July 5, 2020 Previous Newsletter Next Newsletter

Newsletter - #244 Florida Rally and Lawsuit; AASF Update; CSIS Report; Panel on China Initiative; More #244 Florida Rally and Lawsuit; AASF Update; CSIS Report; Panel on China Initiative; More In This Issue #244 · Updates on Florida Rally and Lawsuit Against SB 846 · AASF Updates from March APA Justice Monthly Meeting · CSIS Report: US-China Scholarly Recoupling · Expert Panel Talks Effects of The China Initiative on Academic Freedom · News and Activities for the Communities Updates on Florida Rally and Lawsuit Against SB 846 According to the Independent Florida Alligator , as protest speakers climbed one by one atop a picnic table to address a crowd of 200 gathered in the Reitz Union courtyard on March 26, 2024, their words were met not with claps or cheers, but with the sound of plastic whistles blasting.The Florida Chinese Faculty Association (FCFA) organized the protest in response to the Florida Board of Governors meeting taking place at the University of Florida in the Reitz Student Union. The FCFA gathered to denounce Senate Bill (SB) 846, which bans “partnerships,” including recruitment programs, between state universities and any non-U.S. citizen living in one of seven countries of “concern:” China, Iran, Venezuela, Russia, Cuba, Syria and North Korea. The state law was passed in May and went into effect December 1. Before the event, organizers passed out plastic bags holding yellow whistles reading “WE BELONG.” The protestors clutched the whistles alongside signs bearing phrases like “We make UF, you make the crisis” and “Education without borders.” Protestors ranged from students wearing jeans to faculty in suits and loafers. An oak tree offered shade from the 77-degree weather as protestors gathered underneath it to hear a slate of about 20 speakers.FCFA Secretary and UF materials science and engineering professor Jiangeng Xue and his colleagues have already noticed two main effects of the law in the months since it’s been passed. The first is a discriminatory environment. The law will also lower the quality of graduate students at UF. “We're not going to be seeing the impact right away,” Xue said. “But three, four or five years down the road, we're going to be seeing a decline in the research quality that ultimately is going to affect the reputation of the university.” Others who spoke out in the Independent Florida Alligator report include · Nathan Arndt, a 24-year-old UF materials science and engineering Ph.D. student and member of UF Graduate Assistants United said, “We like having co-workers that are the best at what they do. Not only is this law racism and xenophobia disguised as national security, it’s also anti-education.” · Jay Xie, a 20-year-old UF accounting sophomore and president of the UF Chinese Student Association, said, “I don’t see any people really being harmed or hurt by graduate students doing academic study here, and I just feel like that’s kind of nonsense. I feel like national security is just a golden phrase they can use on anything.” · Arash Fahim, an FSU math professor, tried to tell fellow faculty to go ahead and recruit as usual if they didn’t receive any policy from their university. “One of them was shaking his head and told me, ‘Actually, we did not have any applicants from those [countries],’” Fahim said. “They already know politicians don’t like them in Florida.” · Gisela Perez Kusakawa, civil rights attorney and executive director of the Asian American Scholar Forum, said AASF came together from a need to give Asian American scholars a voice against laws like SB 846. “We must make a stand here in Florida and ensure that this is not replicated in other states across the country. We must remain vigilant to make sure that history is not repeated and that Asian Americans and Asian immigrants do not continue to be scapegoated as threats.” Read the Independent Florida Alligator report: https://bit.ly/3VSTMpt . Additional media coverage: 2024/03/27 AsAmNews: Chinese Students at University of Florida Declare “We Belong” 2024/03/27 WUFT/NPR: Protestors at UF reject SB 846, call for education without borders 2024/03/26 WFUT/NPR: NEWS First at Five (video) Vincent Wang Speaks at Rally Vincent Wang , Co-Organizer of APA Justice, spoke at the rally at Gainesville, and provided the following report:"I was extremely encouraged by the successful event today. The professional organizations at the University of Florida and other colleges worked very hard for a month to pull it off. Gisela did a lot of work to coordinate with national organizations and media outreach ."Multiple racial groups participated in the rally. There were many Chinese and Iranian professors. The impact on them is real and now. Many cannot hire international students and/or researchers, or have to cancel their offers already extended before the law. Some prospective international students who received offers are hesitating on whether to come, or move on to elsewhere. A lot of young students have become activists calling out the harmful SB 846. "Participants from different backgrounds came together in condemning the detrimental and chilling effect of SB 846, and the lack of transparency and clarity by the colleges and universities. The overarching sentiment is that their academic freedom and their access to educational opportunities were being violated, and the politicians making the law were out of touch and made decisions without input from those in the field. They resented the disregard of their fundamental rights for education and research and well being by politicians who weaponized national security for politician gains."The yellow whistles helped people connect each other effectively and efficiently, and developed a sense of belonging and solidarity. It was a wild success." Lawsuit Against Florida SB 846 According to Florida Politics , AP , and other media reports, a Chinese professor and two Chinese graduate students are suing in federal court to stop a new law that the American Civil Liberties Union (ACLU) says unfairly targets Chinese international students and others from working as graduate assistants for academic research projects. Zhipeng Yin and Zhen Guo , doctoral students from Florida International University, joined University of Florida professor Zhengfei Guan in filing the lawsuit over SB 846 in the U.S. District Court’s Miami Division. The plaintiffs are represented by the ACLU Foundation of Florida , the Chinese American Legal Defense Alliance (CALDA) 华美维权同盟 , and Perkins Coie LLP .“This law is unfair, unjustified, and unconstitutional,” said Daniel Tilley , legal director for the Florida chapter of the ACLU. “Everyone in the United States is entitled to equal protection under our laws, including citizens of other countries. The discriminatory policies pushed by the DeSantis administration will not go unchecked.”The complaint names Florida Department of Education Commissioner Manny Diaz Jr. , State University System Chancellor Ray Rodrigues and members of the Board of Governors.The case is Yin v. Diaz (1:24-cv-21129) . APA Justice has created a web page to track the development of the lawsuit at https://bit.ly/43CIGGD AASF Updates from March APA Justice Monthly Meeting During the APA Justice monthly meeting on March 4, 2024, Gisela Perez Kusakawa , Executive Director, Asian American Scholar Forum (AASF), provided the following updates of AASF activities:Gisela expressed deep thanks to Director Arati Prabhakar and Cole Donovan for meeting with AASF researchers and leaders at the Capitol, along with Erika Moritsugu , Deputy Assistant to the President; Principal Advisor Ting Wu , and Krystal Ka'ai , Executive Director of the White House initiative. Gisela looks forward to working further with the White House on how AASF can lift up Asian American scholar contributions in our country and work together towards ensuring a more welcoming and inclusive environment that helps Asian Americans and scholars thrive.AASF conducted political appointment training early on and continues to encourage the community to consider working in public service with the Biden Administration and with Federal agencies. It is critical that we not only have a seat at the table, but continue to be engaged in our country.AASF will be meeting with the new NIH director. Dr. Monica Bertagnolli , to create a bridge between our community and administration officials to ensure that the community's voices are heard. The meeting is closed door. Gisela encourages outreach to her and AASF on your concerns so that she can communicate them directly to NIH leadership.Regarding the release of the CJS joint explanatory statement without the China initiative language, AASF is in the process of reviewing the new language and will be releasing our analysis as a resource for the community. AASF has been working with Nature on a portfolio. It featured Gang Chen , Jenny Lee , George Karniadakis , Yu Xie , Kai Li , Steven Chu , and Yiguang Ju . It highlights the loss of talent and scrutiny that academics are facing at the border and lifts up the AASF data report.AASF continues to monitor the impacts of a Florida law that recently went into effect, which restricts Florida's public colleges and universities from hiring researchers and graduate assistance from several countries of concern which includes China and Iran. AASF has a brief explainer for what this legislation means, and it is working to provide more educational resources for the community. AASF is working with Florida professors and students on the ground to see how AASF can support them. AASF is also monitoring the DETERRENT Act, which passed the House and has been introduced in the Senate. AASF is working to hear more about the timeline for conferencing.A summary for the meeting is being prepared at this time. 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 . CSIS Report: US-China Scholarly Recoupling On March 27, 2024, the Center for Strategies & International Studies (CSIS) published a report titled "U.S.-China Scholarly Recoupling: Advancing Mutual Understanding in an Era of Intense Rivalry." According to the CSIS announcement, "The United States and China have avoided outright scholarly decoupling, but the over-securitization of every element of the relationship is restricting a more comprehensive recoupling of ties, a vexing situation which is stifling research, limiting overseas study, reducing mutual understanding, and harming the national interest of both countries."These are the key conclusions of this report, which is the culmination of a two-year initiative led by CSIS and Peking University. The 27 essays in this volume, contributed by American and Chinese scholars from a wide range of disciplines, explain the benefits of U.S.-China scholarly cooperation to the two societies and the world at large, identify the obstacles to greater exchanges, and outline practical strategies for overcoming these challenges."Although the U.S. and Chinese governments must play a central role in creating a stronger foundation for relations in general and scholarly cooperation in particular, it will be up to the scholarly community itself—professors, researchers, administrators, editors, funders, and students—to ensure that their principles are protected and their mission furthered."A webinar was held to launch the report on March 28, 2024.Download and read the CSIS report: https://bit.ly/49brHMR . Listen to audio brief: https://www.youtube.com/watch?v=Miq4NGzDNc8 (4:21). Read the South China Morning Post report: https://bit.ly/3xeYZ0p Expert Panel Talks Effects of The China Initiative on Academic Freedom According to Michigan Daily , the University of Michigan Faculty Senate held a panel discussion on the China Initiative and its aftermath. The China Initiative was created by the Department of Justice in 2018 to combat Chinese national security threats by identifying and prosecuting people involved with trade secret theft, hacking and economic espionage. Since the China Initiative’s implementation in 2018, the rate of Chinese scientists leaving the U.S. has skyrocketed. Eighty-one percent of the scientists targeted through the China Initiative identify as Asian and 72% of Chinese scientists report feeling unsafe as an academic researcher in the U.S. The China Initiative was terminated in 2022, but investigations into Chinese scientists have persisted. At the event, the panelists condemned the initiative as having negative impacts on Chinese scientists in the United States and discouraging scientific collaboration between the U.S. and China. A major topic of discussion for the panel was how investigations stemming from the China Initiative contain misunderstandings of basic scientific procedure and federally funded grant agencies, such as the National Institutes of Health, encourage universities to terminate employees being investigated for minor or unintentional infractions. Speakers at the event include · Gang Chen, professor of power engineering at the Massachusetts Institute of Technology · Peter Zeidenberg, attorney · Ruixue Jia, professor of economics at the University of California, San Diego · Ann Chih Lin, professor of public policy, University of Michigan Senior Eli Chapman said Chen’s story was particularly interesting to him. “You can hear statistics and you can read about things, but hearing from a person who actually went through this experience really added a different element to it that made it very personal,” Chapman said. He believes spreading the word about stories like Chen’s is important in creating discourse about the China Initiative. “The more publicization, the better,” Chapman said. “If we can hear stories like Chen’s, then people start to realize how messed up it has been. If we let the government control the narrative, that’s when the bad sentiment is going to really start.”Read the Michigan Daily report: https://bit.ly/3vl9COJ News and Activities for the Communities 1. APA Justice Community Calendar Upcoming Events: 2024/04/07 Rep. Gene Wu's Town Hall Meeting2024/04/08 APA Justice Monthly Meeting2024/04/17 Racially Profiled for Being a Scientist: A Discussion of the US DOJ's China Initiative2024/04/18 Corky Lee's Asian America: Fifty Years of Photographic Justice 2024/04/19 Committee of 100 Annual Conference and Gala2024/04/19 Appeals Court Hearing on Florida SB 2642024/05/02 AAGEN 2024 Executive Leadership WorkshopVisit https://bit.ly/45KGyga for event details. Back View PDF March 29, 2024 Previous Newsletter Next Newsletter

Newsletter - #117 3/7 Meeting; Before "China Initiative," Sherry Chen; Campaign Tally; DOJ Review Report #117 3/7 Meeting; Before "China Initiative," Sherry Chen; Campaign Tally; DOJ Review Report Back View PDF March 4, 2022 Previous Newsletter Next Newsletter

Newsletter - #9 Anti-Racial Profiling Actions; Future Of U.S. Science Paper #9 Anti-Racial Profiling Actions; Future Of U.S. Science Paper Back View PDF August 12, 2020 Previous Newsletter Next Newsletter

Chinese American? Who is a Chinese American? What is the Chinese American population? These questions may appear simple on the surface, but they are subject to definitions and interpretations. They have also evolved over time. Defining Chinese American For data collection purposes, the Office of Management and Budget is the official authority to define racial and ethnic categories for the United States. Today, Chinese American is a sub-category of Asian American, defined as "A person having origins in any of the original peoples of the Far East, Southeast Asia, or the Indian subcontinent including, for example, Cambodia, China, India, Japan, Korea, Malaysia, Pakistan, the Philippine Islands, Thailand, and Vietnam." This government definition generally reflects a recognized social definition. It is not an attempt to define race biologically, anthropologically, or genetically, nor is it linked to the standard geographical definitions. In practice, an individual associates his or her race and ethnicity by self-identification. The U.S. Census Bureau produces official statistics on the Chinese American population according to this definition and self-identified data, which include U.S. citizens and nationals, as well as permanent residents. Under this definition and interpretation, a Chinese American may also be described as a Chinese in America. Definition used in social, legal and other applications may vary, such as the requirement of U.S. citizenship. Basic Statistics The first recorded arrival of three Chinese sailors in the U.S. travelled from Canton (now Guangzhou), China on board the ship Pallas to Baltimore, Maryland in August 1785. The first recorded Chinese immigrants arrived in the U.S. around 1820. By 1860, the census counted 34,933 Chinese living in California. More than three quarters of them were miners and laborers who first came to the U.S. during the 1848-1855 Gold Rush and then helped built and completed the First Transcontinental Railroad by 1869. The 2010 census showed that the Asian population grew faster than any other race group over the previous decade. Chinese Americans was the largest detailed Asian group, with about 3.3 million people reporting Chinese alone and an additional 700,000 people identifying as both Chinese and one or more additional detailed Asian groups and/or another race. According to the 2017 American Community Survey, the Census Bureau estimated a population of Chinese Americans of one or more races to be slightly over 5 million, or about 1.5% of the total U.S. population. Additional statistics on Chinese in America are available from, for example, the Census Bureau , the Migration Policy Institute , and the Pew Research Center . Beyond Statistics Beyond these statistics, the Chinese American population is complex as it has evolved over the past two hundred years. Several waves of immigrations have occurred; they were also severely repressed for more than 60 years under the Chinese Exclusion Act. There are American-born Chinese (ABC) whose roots have been here for generations; there are also recent naturalized citizens and immigrants of diverse economic and educational background who came from Hong Kong, Taiwan, China and the rest of the world. Not surprisingly, more in-depth understanding about the Chinese American population varies according to perspectives, experiences, and even aspirations, notably between ABCs and more recent naturalized citizens and immigrants. Two prominent Chinese American leaders of such diverse background, who have long been engaged with APA Justice, offer their views on this topic. They are: Frank H. Wu (吴华扬), William L. Prosser Distinguished Professor, University of California Hastings College of the Law and author of Yellow: Race in America Beyond Black and White . Frank was born in Cleveland, Ohio, son of Chinese immigrants from Taiwan. His paper, "The New Chinese Diaspora Embracing the Model Minority and Perpetual Foreigner? ," was orginally published in Chinese Historical Society of America: History & Perspectives . Chinese translation of the paper was made by Kathy Liu, Steve Ning, and Julia Pan. Xiaoyan Zhang (张小彥), visiting professor at University of Pittsburgh and Chair of United Chinese Americans (UCA). Xiaoyang was born in Beijing, China and came to the U.S. in the early 1980s. He is a naturalized U.S. citizen. Xiaoyan authored the UCA manifesto "From Sojourner to Citizen " in 2018 and shares a paper here "American Democracy in the Eyes of a New Immigrant from China " about his personal experience and understanding. A Chinese verison is also available. China Policy: Huaren and Huaqiao The Chinese diaspora, consisting of both Chinese living overseas who are citizens of China (huaqiao 华侨), and people of Chinese descent who are citizens of foreign countries (huaren 华人), have significantly shaped the making of modern China. China’s policy towards its diaspora is primarily governed by its national interests and foreign policy imperatives. However, the Chinese government has been careful to ensure that the huaqiao and the huaren fall into different policy domains: Chinese citizens living overseas are subject to China’s domestic policies, while Chinese descendants who are citizens of other countries come under China’s foreign affairs. Nevertheless, from the beginning, the latter continue to be regarded as kinsfolk distinct from other foreign nationals. The huaqiao-huaren distinction is often blurred in ordinary discourse and this has been a source of much misunderstanding. However, it has not been the policy of the Chinese government to blur this distinction, and it is acutely aware of the complexity of the issue and is therefore very cautious about implying any change. As such, when terms such as huaqiao-huaren are introduced in the official lexicon, they are meant to acknowledge certain historical and contemporary realities, and not to deliberately obfuscate the two categories. The use of the combined term is in fact a recognition of the clear-cut distinction between the two groups, and is meant to convey a semantic balance in which neither category is emphasized at the expense of the other. And more from below by Wu Xiaoan, professor of history at Peking University and director of its Centre for the Study of Chinese Overseas Huaren or huaqiao? Beijing respects the difference and is not coercing foreigners to toe its line China’s Evolving Policy Towards The Chinese Diaspora in Southeast Asia (1949–2018) US Policy: National, Citizenship, US Persons U.S. State Department on Dual Nationality and Citizenship : Section 101(a)(22) of the Immigration and Nationality Act (INA) states that “the term ‘national of the United States’ means (A) a citizen of the United States, or (B) a person who, though not a citizen of the United States, owes permanent allegiance to the United States.” Therefore, U.S. citizens are also U.S. nationals. Non-citizen nationality status refers only individuals who were born either in American Samoa or on Swains Island to parents who are not citizens of the United States. The concept of dual nationality means that a person is a national of two countries at the same time. Each country has its own nationality laws based on its own policy. Persons may have dual nationality by automatic operation of different laws rather than by choice. For example, a child born in a foreign country to U.S. national parents may be both a U.S. national and a national of the country of birth. Or, an individual having one nationality at birth may naturalize at a later date in another country and become a dual national. U.S. law does not mention dual nationality or require a person to choose one nationality or another. A U.S. citizen may naturalize in a foreign state without any risk to his or her U.S. citizenship. However, persons who acquire a foreign nationality after age 18 by applying for it may relinquish their U.S. nationality if they wish to do so... Dual nationals owe allegiance to both the United States and the foreign country. They are required to obey the laws of both countries, and either country has the right to enforce its laws. It is important to note the problems attendant to dual nationality. Claims of other countries upon U.S. dual-nationals often place them in situations where their obligations to one country are in conflict with the laws of the other. For data collection and national security purposes, a "U.S. person" includes citizens, lawfully admitted permanent resident aliens, and corporations incorporated in the United States. See U.S. Code § 1801 (i): https://www.law.cornell.edu/uscode/text/50/1801 VS

Newsletter - #177 4/17 Roundtable; "China Initiative;" Michael McCaul; Xenophobia; Xiaoxing Xi Lecture #177 4/17 Roundtable; "China Initiative;" Michael McCaul; Xenophobia; Xiaoxing Xi Lecture In This Issue #177 2023/04/17 Roundtable on a National Alert Network Can U.S. Research Recover From the "China Initiative?" Texan leading TikTok ban in Congress urges state lawmakers to rein in their own social media legislation Presumed Guilty: The FBI's Baseless Hunt for IP Theft by Chinese Academics CAPAC Chair Warns Anti-China Rhetoric Could Open the Door to Xenophobia 2023/04/17 Roundtable on a National Alert Network WHEN: Monday, April 17, 2023, 7:00 pm ET/4:00 pm PT WHAT: Online Roundtable DESCRIPTION: Inaugural roundtable to establish the purpose and functions of a national media alert network and strike teams to assertively address immediate xenophobic challenges to our freedoms and longer-term proactive actions to ensure fairness and justice for all, including the Asian American and Pacific Islander (AAPI) and immigrant communities. About 10 organizations have committed to join Paula Madison in the Roundtable. REGISTRATION: This is an event by invitation only to guests and official representative(s) of AAPI organizations. Members at the Roundtable will be sent a panelist link. Others please register at http://bit.ly/3KvlMI8 BACKGROUND : Asian American and immigrant communities are in turbulent times again, facing enormous challenges such as legalizing discrimination at the state and federal levels, return of the Red Scare and McCarthyism, warrantless surveillance, mini "China Initiative" conducted by the National Institutes of Health, cross-border profiling, continuing fallout from the now-defunct "China Initiative" including New York Police Department Officer Angwang, collateral damage from the U.S.-China relations, and anti-Asian hate and violence. The Roundtable will examine the current landscape and jump-start a national media alert network and strike teams to address these immediate and longer-term challenges.A video of the discussion led by Paula Madison in the April APA Justice monthly meeting is here: http://bit.ly/40gzLHW (1:00:08). Can U.S. Research Recover From the "China Initiative?" According to a report by the Chronicle of Higher Education on April 6, 2023, Matthew Olsen , assistant attorney general for national security, announced the shutdown of the "China Initiative" a little over a year ago.On college campuses, there was hope that Olsen’s February 2022 announcement would bring an end to a dark period when many worried that the future of academic ties with China hung in the balance.Over the past year, the number of allegations of foreign interference reported by federal grant-making agencies has declined, and more cases have been resolved through administrative action instead of prosecution. The rhetoric has also moderated since Trump-administration officials routinely lambasted college leaders for their naïvete in working with Chinese universities and other foreign partners. “There’s been more of a dialogue instead of a shouting match,” said Jeffrey Riedinger , vice provost for global affairs at the University of Washington.But the assistant attorney general’s speech did not end scrutiny of American higher education’s relationship with China or with other countries “of concern,” like Russia. Since then, Congress has approved new disclosure requirements for foreign funds coming to colleges and barred researchers who receive federal grants from taking part in “malign” talent-recruitment plans like China’s Thousand Talents program, which offers visiting appointments and research stipends to foreign scholars. Government agencies have also been crafting new programs and policies to safeguard research and determine risk. If a new chapter began with the conclusion of the "China Initiative," the underlying narrative remains much the same. It’s a Cold War of innovation, and university labs are the new front line, with many policymakers troubled that working with China could advantage a rival. Indeed, mistrust of China is the rare topic that garners bipartisan agreement in Washington these days. “Maybe the volume has been turned down a little, but the tune is still playing,” said Jane Gatewood , vice provost for global engagement at the University of Rochester. The pressure to act is emanating from the nation’s capital, to be sure, but it is also coming from campuses, from faculty members who want better guidance to navigate the uncertainty. Perhaps no group is watching more closely than those most affected by the "China Initiative," Chinese and Asian American researchers.For many of these academics, the fear lingers. Some are unwilling to apply for federal grants in the current climate. And American researchers may be pulling back from working with Chinese colleagues: Since the start of the "China Initiative," joint publications by Chinese and American scientists have declined.“The ending of the 'China Initiative' seemed to give the illusion that the cloud had gone away,” said Jenny J. Lee , a professor of higher education at the University of Arizona who studies Sino-American research collaboration. “But it’s still overhead.”The number of foreign-interference cases at the National Institutes of Health (NIH) soared from just five in 2017 to 111 in 2018, the year the "China Initiative" started. For the next three years, the NIH recorded more cases involving allegations of failure to disclose foreign funding, academic affiliations, or other conflicts of interest on grant applications than any other type of research-integrity violation.In nine of 10 such cases, the “country of concern” was China.Last year, the number of foreign-interference cases logged by the NIH dropped sharply, to just 23.The resolution of recent cases by the National Science Foundation, or NSF, reflects the non-prosecutorial approach. Since the end of the "China Initiative," the agency’s Office of Inspector General has found indications of foreign conflicts of interest in at least nine cases involving grantees. But according to memos published by the office, it either closed the cases without pursuing criminal actions or forwarded them to the Justice Department, which decided not to prosecute. Rebecca Keiser , chief of research security strategy and policy for the NSF, said the agency doesn’t want to be in the policing game. “We are not law enforcement,” she said in an interview with The Chronicle . “We set policy.” A driver of current oversight efforts is a national-security directive Trump signed shortly before he left office that orders all federal research-funding agencies to strengthen and standardize their research-security policies. It continues under President Biden. A proposal released by the White House last month requires colleges and other organizations that receive $50 million or more annually in federal-scientific grants to develop research-security plans. It has also published draft guidance that would beef up disclosure rules while making them more consistent across the federal government. Despite the calls for uniform standards, they are not necessarily followed, for example, by NASA.For colleges, the new mandates bring an added burden. The Council on Governmental Relations, an association of research universities, academic medical centers, and independent research institutes, estimates the initial costs of meeting new federal disclosure requirements could be nearly $445,000 for universities with $100 million or more in federal-research funding. For institutions that receive less grant funding, expenses could top $100, 000.College groups would also like government agencies to more clearly articulate what they see as the real research-security risks. Universities’ longstanding practices for monitoring research integrity have typically been geared toward screening for more traditional types of misconduct than for detecting threats from foreign influence, said Tobin Smith , senior vice president for policy at the Association of American Universities. “If there’s fabricated data, that’s easier for us to assess.”Riedinger and his colleagues are calling for more nuanced guidance: What types of individuals, institutions, disciplines, or research areas warrant additional scrutiny? What sorts of programs and affiliations raise red flags? What are the potential vulnerabilities that keep policymakers up at night?Having such guidance is important as colleges create research-security plans, said Kalpen Trivedi , vice provost for global affairs at the University of Massachusetts at Amherst. “Tell us, how can we reassure you that we are doing what we can to safeguard science in our universities?” he said. “What represents safe science to you?”Many experts point to the Massachusetts Institute of Technology as the gold standard. While not all institutions have MIT’s structured approach, most research-university administrators said their institutions now had a process in place for reviewing foreign contracts and partnerships for potential research-security vulnerabilities and for advising faculty members about conflicts that could jeopardize federal grants.Both universities and federal agencies are likely to have to rebuild trust with another group: scientists, especially those of Chinese descent.That may not be easy. Some colleges were seen as offering insufficient support to their faculty members when they came under scrutiny, or even abetting investigations. Many researchers see a lack of clarity in the new rules and are concerned about being penalized for types of international engagement that were previously encouraged. Advocacy groups say discussions about research-security policy have focused too much on the policing of international collaboration and not enough on supporting researchers or educating them about shifting requirements for disclosure.“So far, there is more of a focus on deterrence,” said Gisela Perez Kusakawa , executive director of the Asian American Scholar Forum. “But what are the positive efforts that would make Asian American scholars feel more protected?”But the damage to research, and to researchers, wrought by the "China Initiative" may be harder to undo. “They are still scared,” said Steven Pei , a professor at the University of Houston and an organizer of the APA Justice Task Force, a group that advocates for Asian American scientists. “People are much more careful.”There is a sense among researchers, Pei and others said, that they could fall under suspicion simply for doing science while Chinese. After all, prominent prosecutions under the China Initiative were of Asian American scientists. Of the NIH foreign-interference cases, three-quarters involved Asian scientists.Of a half-dozen scholars interviewed by The Chronicle , none said they were currently willing to apply for federal grants, because of their anxiety they could be racially profiled. The stakes were too high. Among the scientists investigated by the NIH, nearly two-thirds were removed from federal grants. As Science has previously reported, 42 percent lost their jobs or were forced to resign.Fearful, academics and graduate students of Chinese descent may be pulling back from academic work with China. When the University of Arizona’s Jenny Lee, who conducted a survey of scientists, drilled into the data, she found that their reluctance to engage with China had nothing to do with the nature or sensitivity of their research. “It really came down to whether someone was of Chinese descent, period,” Lee said.There are reports that Chinese American researchers have been stopped at the border and questioned about their work. A special congressional committee has been set up to examine competition with China. And in a speech at the University of Michigan at Ann Arbor in December, Christopher Wray , the FBI director, defended government investigations of academic ties to China. Gang Chen is one of the scholars who said he would no longer apply for federal funding to support his research. A professor of mechanical engineering at MIT, he was arrested in January 2021 for allegedly hiding his affiliations to and payments from Chinese universities. A federal prosecutor later dropped the charges against Chen, saying it was in the “interests of justice.”The "China Initiative" and other investigations damage academics like him who have collaborations with China, Chen said in an interview. But its effects are more than individual, he said. “This is a fundamental assault on the scientific community. It could hurt and weaken American science.”Not long ago, Chen was back in the headlines. He is credited with having helped discover a new semiconductor material that is being called a game-changer.Read the Chronicle report: http://bit.ly/3UxAD9K In a follow-up report, the Chronicle of Higher Education added the following insights from Dr. Rebecca Keiser of NSF: Undisclosed conflicts could jeopardize public confidence in research outcomes Keiser said she was worried about how research-security investigations affect Chinese and Asian American scientists When it comes to research security, she wants a more collaborative approach It will be tougher to navigate gray areas, but heightened research-security concerns shouldn’t cut off international-academic partnerships Read the Chronicle follow-up report: http://bit.ly/3UDpXGM Texan leading TikTok ban in Congress urges state lawmakers to rein in their own social media legislation According to a report by the Texas Tribune on April 11, 2023, U.S. Rep. Michael McCaul , one of the top China hawks in Congress who is leading the charge to restrict TikTok nationwide, warned Texas lawmakers not to discriminate against Chinese Americans and immigrants in their own statewide social media ban legislation.Both McCaul and members of the Texas House introduced bills to curb perceived security threats by Chinese actors in the country via popular social media apps like TikTok, which is owned by a China-based company. McCaul’s bill, the DATA Act, would require the administration to determine whether TikTok or its Beijing-based parent company, ByteDance, has ever transferred sensitive data to the Chinese government and to ban the app from the U.S. if so.Meanwhile, in the Texas Legislature, Rep. Jared Patterson , R-Frisco, introduced a bill that would blanket ban apps owned by companies headquartered in a number of countries, including China, Russia, Iran and North Korea. Asian American groups decried the bill as too sweeping, asserting it would cut off many avenues for communication between immigrants and families back in China.It ’s a concern that appears to resonate with McCaul, who pressed members of the Legislature to keep their bills focused on national security concerns and not pass laws so broad that they unfairly impact Chinese Americans and other immigrants.“I’ve urged the state Legislature to be targeted in their approach, not a swath that would catch people that are just fleeing oppression,” McCaul said in an interview with The Texas Tribune . “It’s got to be very careful not to go too far with that and discriminate against, you know, people that are fleeing oppression versus those that are operating under espionage purposes.”McCaul, who chairs the House Foreign Affairs Committee, said he held a similar sentiment toward state legislation targeting land ownership by Chinese nationals. Gov. Greg Abbott expressed support earlier this year for banning land sales to certain Chinese citizens, which Asian American groups said could contribute to discrimination in the housing market. McCaul said land purchases by Chinese government actors around military bases was a legitimate security concern, “but again, I would make it targeted towards CCP-owned-and-operated enterprises.”Read the Texas Tribune report: http://bit.ly/3UDC7zq Presumed Guilty: The FBI's Baseless Hunt for IP Theft by Chinese Academics On April 10, 2023, Xiaoxing Xi , Laura H. Carnell Professor of Physics at Temple University, gave a lecture on "Presumed Guilty: The FBI's Baseless Hunt for IP Theft by Chinese Academics." Since 2015, he has spoken out actively for open fundamental research and against racial profiling and received the American Physical Society 2020 Andrei Sakharov Prize for his effort.Professor Xi has one consistent message with continuously updated sample cases and official references: Chinese scientists have been treated unfairly. In the Q&A session, a participant recounted her experience at the Lawrence Livermore National Laboratory when Dr. Wen Ho Lee was incarcerated in solitary confinement for nine months at the turn of the century. Watch the video of Professor Xi's lecture at Iowa State University: https://bit.ly/3KvWg5I (58:52) CAPAC Chair Warns Anti-China Rhetoric Could Open the Door to Xenophobia NPR conducted an interview with Rep. Judy Chu, Chair of the Congressional Asian Pacific American Caucus (CAPAC) on April 12, 2023. According to the NPR report, Rep. Chu responded to the attack from Texas Congressman Lance Gooden, who accused her of disloyalty in an interview with Fox News, by stating that "I was outraged. I was disgusted. And most of all, I was angry because it was so racist. It was based on a centuries-long stereotype that Chinese Americans and Asian Americans more broadly are forever foreigners in their own land, no matter how much they've contributed to this country, no matter whether they're someone like me, born in America. My father fought for the U.S. in World War II in the Army. I've been an elected official for 37 years in this country. How much more American do I have to be to prove that I am an American?"Responding to questions about the "China Initiative," Rep. Chu said, "'The China initiative,' exactly that, where Chinese scientists and researchers were accused of being spies for China on the flimsiest of evidence. Eventually, most of them were exonerated, but their lives were ruined because of this. So as a result, Chinese Americans are indeed very concerned about being the next ones to be accused... The 'China initiative' is a good example of overreach. I mean, obviously, we want to make sure that our national secrets are protected. But what Trump did was to make this a focus on one country. He didn't have a Russia initiative. He didn't have an Iran initiative. No. And in the discussions that I've been on national security, I always remind everybody, the lawmakers as well as the intelligence officials, that there is tremendous consequence to the xenophobia they could cause if they make this a racial issue. We only have to look at the Japanese American internment to see that 120,000 Japanese Americans lost everything that they had based on suspicions that there were spies amongst them. But to this day, not a single case of espionage has been proven."Read the NPR report: http://bit.ly/3KBS3xh Subscribe to The APA Justice Newsletter Complete this simple form at https://bit.ly/2FJunJM to subscribe. Please share it with those who wish to be informed and join the fight. View past newsletters here: https://bit.ly/APAJ_Newsletters . Back View PDF April 14, 2023 Previous Newsletter Next Newsletter

COVID-19 During the COVID-19 pandemic, anti-Asian hate crimes and incidents soared, reinforcing misconceptions about Asian Americans and endangering their communities. THE NUMBERS estimated AAPI essential workers 2 million daily reported anti-AAPI hate incidents 100 anti-Asian hate incidents reported in first few months of 2020 > 2300 Recent developments House Resolution Condemns All Forms of Anti-Asian Sentiment Related to COVID-19 This is your News article. It’s a great place to highlight press coverage, newsworthy stories, industry updates or useful resources for visitors. CAPAC Issues Messaging Guidance on Anti-Asian Hate This is your News article. It’s a great place to highlight press coverage, newsworthy stories, industry updates or useful resources for visitors. Texas man accused of attacking Asian family over racist coronavirus fears pleads guilty to hate-crime charges This is your News article. It’s a great place to highlight press coverage, newsworthy stories, industry updates or useful resources for visitors. 2020 Ends With A Positive Story This is your News article. It’s a great place to highlight press coverage, newsworthy stories, industry updates or useful resources for visitors. More News Johns Hopkins University Unofficial Coronavirus COVID-19 Global Cases by the Center for Systems Science and Engineering (CSSE) at Johns Hopkins University. The COVID Tracking Project An unofficial project on U.S. testing data. 1point3acres An unofficial website built and maintained by first-generation Chinese immigrants in the U.S. World Health Organization Daily situation reports produced by the World Health Organization. U.S. CDC Updates by the U.S. Center for Decease and Control (CDC). Tracking COVID Cases Stop AAPI Hate The Stop AAPI Hate website was launched on March 19, 2020 by the Asian Pacific Policy and Planning Council (A3PCON) and Chinese for Affirmation Action . By April 23, 2020, over 1,500 incidents have been reported to the website. By the end of March 2021, the number increased to over 6,600. Periodic analytical reports are produced by Dr. Russell Jeung, and Kai Nham, San Francisco State University Asian American Studies. Reporting Anti-Asian Hate Crimes and Incidents Stop AAPI Hate NYC Human Rights Racism is Contagious Act to Change Stand Against Hatred Coronavirus and Racism "There are serious concerns of a global pandemic, but the coronavirus (now called COVID-19 by the World Health Organization) has also reawakened centuries-old prejudices against Chinese people," John Pompret wrote recently in an opinion for the Washington Post . He went on to cite several historical examples of how anti-Chinese racism in the U.S. always hinged on the belief that Asians harbor disease, dating back to the 19th century. The title of a Wall Street Journal opinion on February 3 included a term "Sick Man of Asia" which is a century-old derogatory reference to persons of Chinese origin. It sparked strong reactions from the Chinese American community nationwide. "Something's not right here folks," Mario Cavolo, an American living in China, wrote in his LinkedIn blog as he looked at the disparate treatment and reaction to the 2009 H1N1 virus that started in the U.S. compared to the 2020 coronavirus in China. "This vicious, political, xenophobic racist attacks and smearing of all things China needs to stop," Cavolo concluded. Virus knows no borders. It is not an excuse for division, prejudice, fearmongering, or xenophobia here or elsewhere in the world. The risk of COVID-19 should obviously not be under-estimated. However, hate messages, baseless rumors, prejudice, conspiracy theories, uncontrolled emotions, panic and uninformed behavior cause far more damage than the coronavirus itself. "Whether in a couple of weeks or months later, this nasty flu type Corona virus will begin declining and the joy of Spring will arrive," Cavolo optimistically observed.

Newsletter - #174 4/3 Meeting; Texas SB 147; NYT Editorial; Arati Prabhakar; New Bills; Community News #174 4/3 Meeting; Texas SB 147; NYT Editorial; Arati Prabhakar; New Bills; Community News In This Issue #174 2023/04/03 APA Justice Monthly Meeting Opposing Texas SB 147 and Related Discriminatory Bills New York Times Editorial: "Who Benefits From Confrontation With China?" Disturbing Science Interview with OSTP Director Arati Prabhakar Two New Bills on TikTok and Beyond: The DATA Act and RESTRICT Act News and Activities for the Communities 2023/04/03 APA Justice Monthly Meeting The next APA Justice monthly meeting will be held on Monday, April 3, 2023, starting at 1:55 pm ET. Confirmed speakers include: Nisha Ramachandran , Executive Director, Congressional Asian Pacific American Caucus (CAPAC) John Yang 杨重远 , President and Executive Director, Advancing Justice | AAJC Gisela Kusakawa , Executive Director, Asian American Scholar Forum Robert Underwood, Member, President's Advisory Commission on AANHPI; Former President, University of Guam; former Chair, CAPAC; Co-Chair of the United States Institute of Peace China-Freely Associated States Senior Study Group John Liu 刘醇逸 , Senator, New York State Senate Paula Williams Madison, Former Print and TV Journalist, Retired NBCUniversal Executive and GE Company Officer, Former Vice President of the Los Angeles Police Commission and Owner of The Africa Channel The virtual monthly meeting is by invitation only. If you wish to join, either one time or for future meetings, please contact one of the co-organizers of APA Justice - Steven Pei 白先慎 , Vincent Wang 王文奎 , and Jeremy Wu 胡善庆 - or send a message to contact@apajustice.org . Opposing Texas SB 147 and Related Discriminatory Bills The UCA Action, a sister organization of the United Chinese Americans (UCA), is launching a media campaign against Texas Senate Bill 147 and other discriminatory bills in Texas. This campaign will soon come to the other states where similar bills have been introduced. According to UCA Action, this is a defining moment for our community as we seek equal protections under the law. This is an opportunity to join the Chinese American civil rights movement. The future of our community depends on each and every one of us rising up to this historic challenge. Visit the UCA Action website at: http://bit.ly/3G60QGg Federal Level of Texas SB147. On March 30, 2023, Senator Tom Cotton (R-Arkansas), along with Senator Katie Britt (R-Alabama), introduced the Not One More Inch or Acre Act , legislation. The bill prohibits the purchase of public or private real estate by any Chinese citizen, Chinese Communist Party (CCP) entity, or CCP agent. It is essentially a federal version of Texas SB 147. New York Times Editorial: "Who Benefits From Confrontation With China?" According to an editorial published by the Editorial Board of the New York Times on March 11, 2023, America’s increasingly confrontational posture toward China is a significant shift in U.S. foreign policy that warrants greater scrutiny and debate.For most of the past half-century, the United States sought to reshape China through economic and diplomatic engagement. The Biden administration, by contrast, has shelved the idea that China can be changed in favor of the hope that it can be checked.The White House has moved to limit economic ties with China, to limit China’s access to technology with military applications, to pull back from international institutions where the United States has long sought to engage China and to strengthen ties with China’s neighbors. In recent months, the United States has restricted semiconductor exports to China, and it moved ahead with plans to help Australia obtain nuclear submarines. The administration also is seeking to impose new restrictions on American investments in certain Chinese companies. In treating China as a growing threat to American interests, it is acting with broad support, including from leading Republicans, much of the military and foreign policy establishments, and a growing portion of the business community.It is true that engagement with China has yielded less than its proponents hoped and prophesied. China also is demonstrating a greater willingness to engage in worrying provocations and sailing a balloon over the United States. Yet the relationship between the United States and China, for all its problems, continues to deliver substantial economic benefits to the residents of both countries and to the rest of the world. Moreover, because the two nations are tied together by millions of normal and peaceful interactions every day, there is a substantial incentive to maintain those ties and a basis for working together on shared problems like climate change. Americans’ interests are best served by emphasizing competition with China while minimizing confrontation. Chinese actions and rhetoric also need to be kept in perspective. By the standards of superpowers, China remains a homebody. Its foreign engagements remain primarily economic. China has been playing a much more active role in international affairs in recent years, but China continues to show strikingly little interest in persuading other nations to adopt its social and political values.There are also signs that China’s leaders are not united in supporting a more confrontational posture. It behooves the United States to reassure those who may be open to reassurance. America and China are struggling with many of the same challenges: how to ensure what President Xi Jinping has termed “common prosperity” in an age of income inequality; how to rein in the worst excesses of capitalism without losing its vital creative forces; how to care for an aging population and young people who want more out of life than work; how to slow the pace of climate change and to manage its disruptive impacts, including mass migration.The core of America’s China strategy, building stronger relationships with our allies, is sound policy. Over time, the United States ought to seek a greater alignment between its economic interests and other national goals. But the United States should not pull back from forums where it has long engaged China. Declining to support the World Trade Organization is a mistake. The construction of a rules-based international order, in which America played the leading role, was one of the most important achievements of the 20th century. It cannot be preserved if the United States does not continue to participate in those institutions. The Biden administration’s continuation of Trump-era restrictions on trade with China, and its imposition of a host of new restrictions, is also a dubious strategy.The confrontational turn also makes it harder for the United States and China to cooperate on addressing climate change and on other issues where national interests could plausibly align.Much of the shift in China policy has been justified as necessary for national defense. National security considerations can provide a legitimate rationale for limiting some types of trade with China. But it can also provide a legitimizing vocabulary for protectionist measures that are not in the interest of Americans. In the long term, the best guarantee of American security has always been American prosperity and engagement with the rest of the world.That’s true for China, too.Read the New York Times editorial: https://nyti.ms/3K2svJm 2003 Academy Award-Winning Best Documentary - The Fog of War THE FOG OF WAR is the story of America as seen through the eyes of the former Secretary of Defense, under President John Kennedy and President Lyndon Johnson , Robert S. McNamara . McNamara was one of the most controversial and influential political figures of the 20th century. In the documentary, he offered a candid and intimate journey through some of the most seminal events in American history. As leader of the world's most powerful military force during one of this nation's volatile periods, McNamara offers new and often surprising insights into the 1945 bombing of Tokyo, the Cuban Missile Crisis, and the effects of the Vietnam War. THE FOG OF WAR won the Academy Award for Best Documentary Feature in 2003 In a preview of the documentary, McNamara was asked, "have you ever been wrong, sir?" At the end of the preview, McNamara said, "we saw Vietnam as an element of the Cold War, not what they saw it as a civil war. We were wrong." Watch the preview of THE FOG OF WAR: https://imdb.to/3JTpsED Disturbing Science Interview with OSTP Director Arati Prabhakar Arati Prabhakar was confirmed by the Senate to serve as the Director of the White House Office of Science and Technology (OSTP) on October 3, 2022. According to a report by Science on March 28, 2023, she laid out her vision for the $700-billion-a-year enterprise in her first extended media interview on March 24, 2023.The daughter of Indian immigrants who came to the United States when she was 3 years old, Prabhakar flagged a more diverse scientific workforce as another essential ingredient. But Prabhakar offered no olive branch to those scientists of Chinese ancestry who feel the U.S. government has unfairly targeted them in seeking to thwart China’s efforts to overtake the United States in science and innovation.Earlier on March 23, 2023, Science reported that the National Institutes of Health (NIH) conducted its own version of the “China initiative” and has upended hundreds of lives and destroyed scores of academic careers. Michael Lauer , NIH Deputy Director for Extramural Research, led the NIH "China Initiative." He has also been a Co-Chair of the National Science and Technology Council's Subcommittee on Research Security, working closely with OSTP for the past two plus years.Also on March 23, 2023, a Science editorial called for the federal government to account for NIH's xenophobic program to harm Chinese scientists and cut off international scientific cooperation.In the original excerpt from the Science interview with Arati Prabhakar: Q: Do you think that Chinese-born scientists working in the United States have been unfairly persecuted as agents of the Chinese Communist Party and are owed some kind of apology from the government? A: I’m not in a position to comment on that. I don’t know enough about it. I don’t think it’s our role to determine precisely what happened in the past. … But the world has changed, and [China] has taken actions that are very concerning. And it’s very much our role to find a path forward for research security, one that treats people with respect but that also wrestles with this very tough issue. The subsequent revised excerpts from the Science interview with Arati Prabhakar: Q: Anything new on research security? A: It is one of the hardest issues that everyone is grappling with right now … because of the changes that have happened in the world, the competition that we’re in, and clear actions [by China] that are concerning. And there’s no place for xenophobia and people have to be treated fairly. Q: In that regard, do you think Chinese-born scientists working in the United States have been unfairly persecuted as agents of the Chinese Communist Party and are owed some kind of apology from the government? A: I’m not in a position to comment on that. I don’t know enough about [specific cases]. I don’t think it’s OSTP’s role to determine precisely what happened in the past. … [But] it’s very much our role to find a path forward for research security, one that treats people with respect but that also wrestles with this very tough issue. And we’re doing that work, because I think it has to get done. Note by Science: Update, 29 March, 5:10 p.m.: This story has been revised to include additional comments by Arati Prabhakar on research security and to clarify her response to a question about how Chinese-born scientists have been treated. For the many Chinese-born scientists who have been unfairly persecuted, their past sufferings are still their present and future that must not be ignored.Read the Science report: https://bit.ly/40rTbu3 Two New Bills on TikTok and Beyond: The DATA Act and RESTRICT Act According to a report by Lawfare on March 23, 2023, on February 24, Rep. Michael McCaul (R-Texas) introduced the Deterring America’s Technological Adversaries (DATA) Act , which would provide the president with more authorities to block transactions associated with the import or export of Americans’ “sensitive data” where there are national security risks. The bill quoted previous, public comments from FBI Director Christopher Wray , Director of National Intelligence Avril Haines , and CIA Director Bill Burns that they believe TikTok presents national security risks to the United States. On March 1, 2023, the American Civil Liberties Union (ACLU) condemned the DATA Act, due to First Amendment concerns. Jenna Leventoff , senior policy counsel at ACLU, issued the following statement: “We’re disappointed that the House Foreign Affairs Committee voted to approve a bill that would effectively ban TikTok in the United States, in violation of Americans’ First Amendment rights. We urge legislators to vote no on this vague, overbroad, and unconstitutional bill.”On March 7, Sen. Mark Warner (D-Va.) and Sen. John Thune (R-S.D.), along with 10 other senators, introduced the Restricting the Emergence of Security Threats that Risk Information and Communications Technology (RESTRICT) Act . It would authorize the secretary of commerce to review and prohibit certain transactions between persons in the U.S. and foreign adversaries, focused on information and communications technologies (ICTs) that pose risks to U.S. national security—put simply, investigating tech products and services that could pose national security risks. The bill did not name TikTok specifically, but it was clearly one of the companies in mind when the bill was written. According to a press release by ACLU on March 7, 2023, the RESTRICT Act would significantly expand the Executive Branch’s power to control what apps and technologies Americans can access, while limiting Americans’ ability to challenge those actions in court. It would also impose civil and criminal penalties for violating bans imposed pursuant to the legislation, which could be used against people attempting to evade a TikTok ban. Jenna Leventoff said in the press release, “the Senate bill would ultimately allow the Commerce Secretary to ban entire communications platforms, which would have profound implications for our constitutional right to free speech. If the Secretary uses this newfound power to ban TikTok or other communications platforms without evidence of overwhelming, imminent harm, it would violate our right to freedom of expression.”Read the Lawfare report: http://bit.ly/3ZqsaG1 1 . Republican Senator Rand Paul blocks bid to ban Chinese-owned TikTok . According to a report by Reuters on March 29, 2023, U.S. Republican Senator Rand Paul blocked a bid to fast-track a ban of popular Chinese-owned social media app TikTok, which more than 150 million Americans use, citing concerns about free speech and uneven treatment of social media companies."I think we should beware of those who use fear to coax Americans to relinquish our liberties," Paul said on the Senate floor. "Every accusation of data gathering that has been attributed to TikTok could also be attributed to domestic big tech companies.""If Republicans want to continuously lose elections for a generation they should pass this bill to ban TikTok -- a social media app used by 150 million people, primarily young Americans," Paul said on the Senate floor. "Do we really want to emulate Chinese speech bans?... We're going to be just like China and ban speech we're afraid of?" A small but growing number of Democrats and Republicans have raised concerns, citing free speech and other issues and have objected to legislation targeting TikTok as overly broad.Read the Reuters report: https://reut.rs/3nB8FNZ 2 . TikTok creators, some U.S. Democratic lawmakers oppose ban on app. According to a report by Reuters on March 22, 2023, TikTok creators and three U.S. Democratic Party lawmakers said they opposed any potential ban on the Chinese-owned short video sharing app that is used by more than 150 million Americans.Representatives Jamaal Bowman , Mark Pocan and Robert Garcia and TikTok creators called at a press conference in Washington for broad-based privacy legislation that would address all large social media companies. "Why the hysteria and the panic and the targeting of TikTok?" Bowman asked. "Let's do the right thing here - comprehensive social media reform as it relates to privacy and security." Creators talked about posting videos of baking cakes or selling greeting cards to TikTok followers. Some held up signs saying TikTok benefits small businesses. TikTok says 5 million businesses use the app.TikTok creator Jason Linton uses TikTok to share videos of his three adopted children in Oklahoma and has interacted with people around the world. "I am asking our politicians - don't take away the community that we've all built - a community that lasts, that loves," Linton said at the press conference. Pocan said a "xenophobic witch hunt" is motivating some in Congress to seek a TikTok ban. "Banning TikTok isn't the answer. Making sure Americans data is safe is," he said.Senator Ed Markey , a Democrat, said on the Senate floor that TikTok is a threat that needs to be addressed but it is not the only surveillance threat to young people. That position "is deliberately missing the Big Tech forest for the TikTok trees." Read the Reuters report: https://reut.rs/3TZoc67 News and Activities for the Communities On March 21, 2023, the 1882 Foundation presented The Summit Tunnel: Diversity and Pride in Building the American Nation, a film screening and reception event featuring film screenings and discussions with subject matter experts on the Summit Tunnel, a historic part of the Transcontinental Railroad constructed through the Sierra Nevada mountains by largely unrecognized Chinese workers. The Summit Tunnel is a critical cultural and historical site to Chinese Americans, but is threatened by graffiti defacement and a lack of preservation. Watch the video: https://bit.ly/3TXgJV8 (1:19:49) 2. The Data Delusion. On March 27, the New Yorker published a report on The Data Delusion. Jill Lepore , Professor of History at Harvard University, asks “What’s the price to humanity of uploading everything anyone has ever known onto a worldwide network of tens of millions or billions of machines and training them to learn from it to produce new knowledge?” The report goes through the history of data science, and examines the ways that humans have been collecting information—long before A.I. became the latest obsession. Even modern tools, with their bits and bytes of magic, have limits. It explores how ambitious endeavors in the field may eventually underwhelm us, and surveys the genius and folly of modern innovators. It turns out there is plenty of value left in older forms of knowledge. No one, after all, wants to sound like the disgraced cryptocurrency investor Sam Bankman-Fried, who declared in an interview last year, “I would never read a book.” Read the New Yorker report: http://bit.ly/3zluqUr Subscribe to The APA Justice Newsletter Complete this simple form at https://bit.ly/2FJunJM to subscribe. Please share it with those who wish to be informed and join the fight. View past newsletters here: https://bit.ly/APAJ_Newsletters . Back View PDF April 1, 2023 Previous Newsletter Next Newsletter