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Newsletter - #355 10/6 Meeting: Yanping Chen Prevails; AAUP/Landmark Ruling; Defend Academics Webinar; + #355 10/6 Meeting: Yanping Chen Prevails; AAUP/Landmark Ruling; Defend Academics Webinar; + In This Issue #355 · 2025/10/06 APA Justice Monthly Meeting · Dr. Yanping Chen Prevails in Appeals Court Decision · Landmark Ruling: AAUP v Rubio (1:25-cv-10685) · Defending Academics and Institutions in Foreign Interference and Research Security Matters · News and Activities for the Communities 2025/10/06 APA Justice Monthly Meeting The next APA Justice monthly meeting will be held Monday, October 6, 2025, starting at 1:55 pm ET.In addition to updates from: · Judith Teruya , Executive Director, Congressional Asian Pacific American Caucus (CAPAC) · Joanna YangQing Derman , Program Director, Advancing Justice | AAJC · Gisela Perez Kusakawa , Executive Director, Asian American Scholar Forum (AASF) We are honored by and welcome the following distinguished speakers: · Mike German , Retired Fellow, Liberty & National Security, Brennan Center for Justice · Margaret Lewis , Professor, Seton Hall University School of Law · Pat Eddington , Senior Fellow, Homeland Security and Civil Liberties, Cato Institute 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 . Dr. Yanping Chen Prevails in Appeals Court Decision According to Courthouse News Service , a three-judge panel of the DC Circuit Appeals Court upheld a contempt finding against former Fox News reporter Catherine Herridge for refusing to reveal the government source who leaked FBI records about Chinese American scientist Dr. Yanping Chen 陈燕平 .The court rejected Herridge’s claim of reporter’s privilege, ruling that Dr. Chen had met the legal test by showing the source’s identity was central to her Privacy Act case and that Dr. Chen had exhausted other reasonable avenues to obtain it. Dr. Chen, never charged despite FBI scrutiny, argues Herridge’s reporting falsely suggested espionage. The Circuit Court also affirmed the District Court’s imposition of an $800 a day fine if Herridge continues to refuse to comply, though the contempt penalty will effectively remain stayed if Herridge pursues a petition for rehearing and/or en banc reconsideration in the Circuit Court. Dr. Chen, an immigrant from China, became a U.S. citizen in 2001 and founded the University of Management and Technology in Arlington, Virginia, in 1998. Dr. Chen is a cardiologist and received a a Ph.D. in Public Policy from George Washington University.Starting in 2010, Dr. Chen became the focus of a Federal Bureau of Investigations (FBI) investigation for alleged discrepancies in her immigration forms. After 6 years of investigation including searches of her home and office, Dr. Chen was told that no charges will be filed against her in 2016. However, beginning in February 2017, Fox News , in stories led by reporter Catherine Herridge, aired a series of negative reports about Dr. Chen using heavily leaked materials from the FBI investigation. On December 21, 2018, Dr. Chen filed a privacy lawsuit against the FBI and the Departments of Justice, Defense, and Homeland Security. Dr. Chen conducted extensive discovery, including depositions and subpoenas, but could not identify the leaker. Dr. Chen subpoenaed Fox News and Herridge to force her to disclose the source of her reports. On August 8, 2022, Fox News and Herridge filed motions to quash the subpoena, citing journalists’ First Amendment protections, but the district court denied Herridge's motion. The district court ordered Herridge to disclose her sources.After Herridge was deposed and refused to disclose her source, on February 29, 2024, Judge Christopher Cooper held Herridge in civil contempt and imposing a fine of $800 per day until Herridge reveals her source. The court agreed to stay the imposition of fine to give Herridge time to seek an appeal.Herridge appealed. On July 29, 2024, the Asian American Legal and Education Defense Fund (AALDEF) and a coalition of 11 organizations, including APA Justice, filed a 43-page amicus brief with the U.S. Court of Appeals in support of Dr. Chen. The brief addressed issues of racial prejudice and the negative stereotyping of Asian Americans, particularly in the context of government actions against Dr. Chen. The U.S. Appeals Court for the District of Columbia Circuit held a hearing on oral arguments on Herridge's appeal on November 18, 2024. On September 30, 2025, a three-judge panel of the Appeals Court unanimously ruled Herridge cannot assert qualified privilege to quash a subpoena for her source, upholding the district court decision. The three judges are: Gregory Katsas , a Donald Trump appointee; Harry Edwards , a Jimmy Carter appointee; and Michelle Childs , a Joe Biden appointee. Andy Phillips , Dr. Chen’s attorney of Meier Watkins, welcomed the panel’s decision in an email to Courthouse News Service .“Two federal courts have now agreed that Catherine Herridge has no privilege to continue to shield the identity of a federal official who broke the law and leaked protected material to Ms. Herridge,” Phillips wrote. “Dr. Chen looks forward to continuing to pursue redress for the government’s egregious violation of her rights.” For more information about Dr. Chen's case, visit this APA Justice web page . Landmark Ruling: AAUP v Rubio (1:25-cv-10685) According to CNN , New York Times , The Guardian , and multiple media reports, a federal judge has ruled on September 30, 2025, that the Trump administration’s policy to detain and deport foreign scholars over their pro-Palestinian views violates the US constitution and was designed to “intentionally” chill free speech rights. The opinion rules against the Trump administration’s immigration policy, and executive orders, and harshly critiques President Donald Trump’s approach to using his power.The case, American Association of University Professors v. Rubio (1:25-cv-10685) , was brought by the national AAUP; its Harvard, Rutgers and New York University chapters; and the Middle East Studies Association (Mesa).Judge William G Young of the District of Massachusetts, a Ronald Reagan appointee, issued an extraordinary 161-page ruling . In a set of large, bolded print on the first page of the opinion before even its formal header, Judge Young makes public a photocopy of a postcard he received in his judicial chambers in June.The handwriting, chillingly, says “Trump has pardons and tanks … what do you have?”Judge Young's response: "Dear Mr. or Ms. Anonymous, Alone, I have nothing but my sense of duty. Together, We the People of the United States – you and me – have our magnificent Constitution. Here’s how that works out in a specific case – “At the end of his official opinion, Judge Young added, "I hope you found this helpful. Thanks for writing. It shows you care. You should." He invited the person to visit the courthouse and observe "the Constitution is most vibrantly alive, for it is well said that 'Where a jury sits, there burns the lamp of liberty.'"Judge Young signed the opinion merely as "Judge of the United States," a style reportedly not seen since before the Civil War.In his concluding remarks, Judge Young reflected on the broader implications of the case, criticizing the Trump administration's disregard for constitutional norms and its fixation on retribution against dissenting voices. He underscored the importance of protecting free speech as a cornerstone of American democracy and expressed concern about the erosion of constitutional values.The court scheduled a hearing to determine the appropriate remedy for the violations, emphasizing the need to safeguard the rights of all individuals lawfully present in the United States. Defending Academics and Institutions in Foreign Interference and Research Security Matters WHAT : Defending Academics and Institutions in Foreign Interference and Research Security Matters WHEN : October 10, 2025, 1:00 pm - 2:30 pm ET WHERE : · In person: One Logan Square, Philadelphia, PA, 19103 · Virtual: please register HOST : Federal Criminal Law Committee (FCLC) Moderator: Abe Rein , Chair of Post & Schell’s White Collar Defense & Investigations Group (and FCLC Chair) Speakers: · Gisela Perez Kusakawa , Executive Director of the Asian American Scholar Forum · Michael Vernick , Partner and Head of the Government Contracts Group at Akin Gump · Jennifer Beidel , Member, White Collar Group at Dykema DESCRIPTION : “China Initiative” redux? In this era of academic global engagement, the federal government’s increasing focus on scrutinizing foreign ties leads to new levels of enforcement against researchers and their institutions. These matters, increasingly prioritized by DOJ, present unique challenges, from dealing with difficult scientific concepts (and explaining them to agents and prosecutors) to analyzing potential immigration consequences, to working with experts unused to legal proceedings.Admission is $15 for FCLC members and $25 for non-members. MORE INFORMATON/REGISTRATION : https://bit.ly/42RMEfr News and Activities for the Communities 1. APA Justice Community Calendar Upcoming Events: 2025/10/06 APA Justice Monthly Meeting2025/10/07 Conversations, Recollections, Pioneers and Heros: David Henry Hwang2025/10/10 Defending Academics and Institutions in Foreign Interference and Research Security Matters2025/10/16 Bridging Nations: The Power of People-to-People Exchange in U.S.-China Relations2025/10/23 C100 Asian American Career Ceilings Initiative: Asian American Women in the Law2025/11/03 APA Justice Monthly Meeting2025/11/20 Cook County Circuit Court HearingVisit https://bit.ly/3XD61qV for event details. 2. C100 Conversations: David Henry Hwang WHAT : Conversations, Recollections, Pioneers and Heros: David Henry Hwang WHEN : October 7, 2025, 6:00 pm - 6:45 pm ET WHERE : Online event HOST : Committee of 100 Moderator: Peter Young , CEO and President of Young & Partners; Committee of 100 New York Regional Chair and Board Member Speaker : David Henry Hwang , playwright, librettist, and screenwriter DESCRIPTION : David Henry Hwang is an American playwright, librettist, screenwriter, and theater professor at Columbia University in New York City. He has won three Obie Awards for his plays FOB, Golden Child, and Yellow Face. He has one Tony Award (M. Butterfly) and three other nominations (Golden Child, Flower Drum Song, and Yellow Face), as well as a Grammy Award (Ainadamar) and one other nomination (Soft Power). Three of his works (M. Butterfly, Yellow Face, and Soft Power) have been finalists for the Pulitzer Prize for Drama. REGISTRATION : https://bit.ly/4nLsnAf # # # 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 October 6, 2025 Previous Newsletter Next Newsletter

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

Newsletter - #111 Anming Hu; 2/7 Meeting; COMPETES Act; FBI/ODNI Accountability; UCI/UPenn/Yale Letters #111 Anming Hu; 2/7 Meeting; COMPETES Act; FBI/ODNI Accountability; UCI/UPenn/Yale Letters Back View PDF February 3, 2022 Previous Newsletter Next Newsletter

Newsletter - #192: BREAKING NEWS: DOJ Files Brief in Florida Lawsuit; 07/03 Meeting; Who Can Be American #192: BREAKING NEWS: DOJ Files Brief in Florida Lawsuit; 07/03 Meeting; Who Can Be American In This Issue #192 BREAKING NEWS: DOJ Files Amicus Brief in Florida Alien Land Lawsuit 2023/07/03 APA Justice Monthly Meeting How Frederick Douglass and Wong Kim Ark Helped Define Who Can Be American BREAKING NEWS: DOJ Files Amicus Brief in Florida Alien Land Lawsuit On June 27, 2023, attorneys for the U.S. Department of Justice (DOJ) filed a statement of interest in support of the motion for preliminary injunction: https://bit.ly/3PsKSvw The 22-page statement, also called an amicus curiae *“friend-of-the-court”) brief, begins with this introduction:"The State of Florida recently enacted a statute that imposes new prohibitions on owning or purchasing land in the State. Among other provisions, Senate Bill 264 (“SB 264”) prohibits individuals who are not U.S. citizens or permanent residents and whose “domicile” is in China, or other so-called “foreign countries of concern,” from owning or purchasing real property. The United States respectfully submits this Statement of Interest under 28 U.S.C. § 5171 to advise the Court of the United States’ view that the provisions of SB 264 to be codified at Florida Statutes §§ 692.201–.2052 violate the Fair Housing Act (“FHA”) and the Equal Protection Clause of the Fourteenth Amendment of the United States Constitution. These unlawful provisions will cause serious harm to people simply because of their national origin, contravene federal civil rights laws, undermine constitutional rights, and will not advance the State’s purported goal of increasing public safety. Plaintiffs are likely to succeed on the merits of these claims challenging the provisions of SB 264 that restrict and prohibit land ownership. Accordingly, the United States supports Plaintiffs’ motion to enjoin Defendants from implementing and enforcing these provisions."The brief proceeds to explain these two arguments: Plaintiffs are likely to succeed on the merits of their Fair Housing Act Claims Plaintiffs are likely to succeed on the merits of their Equal Protection Claim The brief concludes:"For the foregoing reasons, the provisions of SB 264 that restrict and prohibit land ownership violate the Fair Housing Act and the Equal Protection Clause of the Fourteenth Amendment, and Plaintiffs are likely to succeed on the merits of those claims."Read the DOJ amicus curiae brief: https://bit.ly/3PsKSvw 2023/07/03 APA Justice Monthly Meeting The next APA Justice monthly meeting will be held via Zoom on Monday, July 3, 2023, starting at 1:55 pm ET.In addition to updates by Nisha Ramachandran , Executive Director, Congressional Asian Pacific American Caucus (CAPAC); John Yang 杨重远 , President and Executive Director, Advancing Justice | AAJC; and Gisela Kusakawa , Executive Director, Asian American Scholar Forum (AASF), speakers will include: Al Green , Member of U.S. House of Representatives; Member, Executive Board and Chair of Housing Task Force, CAPAC, on alien land bills and multicultural advocacy coalition Clay Zhu 朱可亮 , Partner, DeHeng Law Offices 德恒律师事务所; Founder, Chinese American Legal Defense Alliance 华美维权同盟, on the recent developments of the Florida lawsuit Scott Chang , Senior Counsel, National Fair Housing Alliance, on NFHA and its work on alien land bills Edgar Chen , Special Policy Advisor, National Asian Pacific American Bar Association, on NAPABA's work on alien land bills and related activities Cindy Tsai , Interim President and Executive Director, Committee of 100, on the recent roles and activities of C100 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 . How Frederick Douglass and Wong Kim Ark Helped Define Who Can Be American During a recent roundtable with state organizers and activists on alien land laws and related issues, Helen Zia 谢汉兰 shared a picture of Wong Kim Ark 黃金德 and Frederick Douglas - it is a story of Asian Americans and solidarity that is missing in American history.According to a KCET report on May 19, 2022, Frederick Douglass escaped slavery and was a powerful voice for racial justice. In his view, the struggle for equality of the Black man also meant a fight for equality for all people. "… I want the Asiatic to find a home here in the United States, and feel at home here, both for his sake and ours. Right wrongs no man," he said in Boston in December 1869. Wong Kim Ark, who was born in the United States and barred from re-entry in 1895, took his case to the US Supreme Court and won, paving the way for birthright citizenship for all."I am especially to speak to you of the character and mission of the United States, with special reference to the question whether we are the better or the worse for being composed of different races of men. I propose to consider first, what we are, second, what we are likely to be, and, thirdly, what we ought to be," Douglas said in his speech. "There are such things in the world as human rights. They rest upon no conventional foundation, but are external, universal, and indestructible. Among these, is the right of locomotion; the right of migration; the right which belongs to no particular race, but belongs alike to all and to all alike. It is the right you assert by staying here, and your fathers asserted by coming here. It is this great right that I assert for the Chinese and Japanese, and for all other varieties of men equally with yourselves, now and forever. I know of no rights of race superior to the rights of humanity, and when there is a supposed conflict between human and national rights."According to Wikipedia , Wong Kim Ark was born in San Francisco, California, at 751 Sacramento Street. In November 1894, Wong sailed to China for a temporary visit, to rejoin his wife at his family's village in Taishan, Guangdong. But when he returned in August 1895, he was detained at the Port of San Francisco by the Collector of Customs, who denied him permission to enter the country, arguing that Wong was not a U.S. citizen despite his having been born in the U.S., but was instead a Chinese subject because his parents were Chinese. Wong was confined for five months on steamships off the coast of San Francisco while his case was being tried. In a 6–2 decision issued on March 28, 1898, the Supreme Court held that Wong Kim Ark had acquired U.S. citizenship at birth and that "the American citizenship which Wong Kim Ark acquired by birth within the United States has not been lost or taken away by anything happening since his birth." Back View PDF June 28, 2023 Previous Newsletter Next Newsletter

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

Newsletter - #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 - #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 - #245 4/8 Monthly Meeting; Bridge Collapse; Census Changes; Stephen Roach; UMichigan Post; + #245 4/8 Monthly Meeting; Bridge Collapse; Census Changes; Stephen Roach; UMichigan Post; + In This Issue #245 · 2024/04/08 APA Justice Monthly Meeting · The Bridge Collapse in Baltimore is an Immigration Story · Next U.S. Census Will Have New Check Boxes · Stephen Roach: American Sinophobia · US Universities Secretly Turned Their Back on Chinese Professors under DOJ's China Initiative · News and Activities for the Communities 2024/04/08 APA Justice Monthly Meeting The next APA Justice monthly meeting will be held via Zoom on Monday, April 8, 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), confirmed speakers are: · Robert Underwood, Commissioner, President's Advisory Commission on AA and NHPI; Former Chair of CAPAC; Former President of University of Guam · Yvonne Lee, Commissioner, USDA Equity Commission; Former Member, U.S. Equal Employment Opportunity Commission · Chenglong Li, Zhong-Ren Peng, and Jiangeng Xue, Officers of Florida Chinese Faculty Association and Professors of University of Florida · David Inoue, Executive Director, Japanese American Citizens League · Cindy Tsai, Interim President and Executive Director, Committee of 100 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 . On March 29, 2024, NBC News reported on the protest by professors, students and advocates across public university campuses in the Florida who say the State Bill 846 could keep graduate students from "countries of concern" out of their schools. A civil lawsuit, Yin v. Diaz (1:24-cv-21129) , was filed on March 25, 2024. Gisela, Joanna, and Professors Li, Peng, and Xue will give reports on the March 26 rally in Gainesville, Florida, at the April 8 monthly meeting. The Bridge Collapse in Baltimore is an Immigration Story According to Reuters and multiple media reports, they came to the United States seeking a better life. They found themselves laboring on the Francis Scott Key Bridge, fixing potholes under the cover of night, only to tragically lose their lives in the Baltimore harbor. All six victims of the bridge collapse were immigrants from Mexico and Central America, engaging in the type of strenuous work often undertaken by immigrants. At 1:30 a.m. EDT on March 27, 2024, a container ship collided with a support pillar of the bridge, causing it to collapse and sending the workers plummeting into the icy waters of the Patapsco River.Despite police managing to close bridge traffic moments before the collision, the maintenance crew had no time to reach safety.Some were not surprised that all of the victims were immigrants, even though they account for less than 10% of the population in Maryland's largest city."One of the reasons Latinos were involved in this accident is because Latinos do the work that others do not want to do. We have to do it, because we come here for a better life. We do not come to invade the country," said Lucia Islas , president of Comité Latino de Baltimore, a nonprofit group. Government and industry figures show that Hispanics are over-represented in high-risk jobs: 51% of construction workers, 34% of slaughterhouse workers and 61% of landscaping workers.The tragedy coincides with a U.S. presidential election where immigration is a key issue. According to Reuters , President Joe Biden 's administration has grappled with a surge in border crossings, while Republican candidate Donald Trump has employed racist rhetoric against immigrants, referring to them as "animals" and "not people" on the campaign trail and has said he would dramatically ramp up deportation if re-elected on November 5. The tragedy illustrated the contributions that migrants make to the U.S. economy, President of Mexico Andrés Manuel López Obrador said. “This demonstrates that migrants go out and do risky jobs at midnight. And for this reason, they do not deserve to be treated as they are by certain insensitive, irresponsible politicians in the United States,” he said. Will Bunch of the Philadelphia Inquirer castigated the right-wing lawmakers and pundits who have whipped up native-born Americans over immigration, calling immigrants sex traffickers and fentanyl dealers, and even “animals.” The workers who died in the bridge collapse “were not ‘poisoning the blood of our country,’” Will Bunch wrote, “they were replenishing it…. They may have been born all over the continent, but when these men plunged into our waters on Tuesday, they died as Americans.” Historian Heather Cox Richardson quoted Republican President Ronald Reagan, “we lead the world because, unique among nations, we draw our people—our strength—from every country and every corner of the world. And by doing so we continuously renew and enrich our nation…. Thanks to each wave of new arrivals to this land of opportunity, we're a nation forever young, forever bursting with energy and new ideas, and always on the cutting edge, always leading the world to the next frontier. This quality is vital to our future as a nation. If we ever closed the door to new Americans, our leadership in the world would soon be lost.” The tragedy prompts reflection on the broader immigration debate, challenging stereotypes and underscoring the humanity and contributions of immigrants to American society. Related reports: · 2024/03/29 Reuters : Baltimore: immigrants died doing job 'others do not want to do' · 2024/03/29 Los Angles Times : The Baltimore bridge collapse reminds us immigrants often do unheralded and dangerous work · 2024/03/28 MSNBC : The Baltimore bridge collapse victims were all immigrants. Here’s why we can’t ignore that · 2024/03/28 Fox News : Mexico president says Baltimore bridge collapse shows migrants 'do not deserve to be treated as they are' · 2024/03/28 CNN : The true face of immigration · 2024/03/28 Philadelphia Inquirer : A ship crashed Into a Baltimore bridge and demolished the lies about immigration · 2024/03/28 Heather Cox Richardson: Letters from an American · 2024/03/28 Maryland Matters : The bridge collapse is an immigration story · 2024/03/27 CBS News : Key Bridge collapse victims were 'hard workers,' says organization aimed at helping immigrants · 2024/03/27 Democracy Now : Baltimore Key Bridge Collapses, Killing Six Immigrant Workers Who Had No Access to Emergency Warnings · 2024/03/27 Washington Post : Bridge collapse brings stark reminder of immigrant workers’ vulnerabilities Next U.S. Census Will Have New Check Boxes On March 28, 2024, the White House Office of Management and Budget (OMB) unveiled revisions to Statistical Policy Directive No. 15: Standards for Maintaining, Collecting, and Presenting Federal Data on Race and Ethnicity. As reported by NPR, these revisions signify an expansion of the checkboxes for race and ethnicity on the next U.S. census in 2030 and future federal government forms. Under the approved proposals, participants will now encounter a new response option for "Middle Eastern or North African" (MENA) and a reformatted question that includes a "Hispanic or Latino" box under the category "What is your race and/or ethnicity?" There will be instructions that say "Select all that apply." This marks the introduction of the first entirely new racial or ethnic category required on federal government forms since 1977.Advocates for these changes emphasize the importance of updated racial and ethnic data in various aspects, including redrawing voting district maps, enforcing civil rights protections, and informing policymaking and research to better reflect people's identities today.A sea change is underway as federal agencies, as well as state, local governments, and private institutions participating in federal programs, adapt their forms and databases to align with the new statistical standards.By late September 2025, federal agencies must submit public action plans to OMB, aiming to have all of their surveys and statistics in compliance with the new requirements by late March 2029. For over three decades, advocates for Arab Americans and other MENA groups have campaigned for their own checkbox on government forms, reflecting the diverse identities within these communities. Recent research indicates that many individuals of MENA descent do not identify as white, challenging the previous federal government classification that included individuals with origins in Europe, the Middle East, or North Africa.In the last major changes to its standards in 1997, survey participants were allowed to report more than one race and splitting the "Asian or Pacific Islander" category into "Asian" and "Native Hawaiian or Other Pacific Islander," which OMB has now shortened by removing the word "Other."Read the NPR report: https://n.pr/3xmB27c Related reports and statements: 2024/03/28 AP : US changes how it categorizes people by race and ethnicity. It’s the first revision in 27 years 2024/03/28 Politico : Federal government changes how it collects data on race 2024/03/28 The Hill : US Census changes how it categorizes people by race and ethnicity 2024/03/28 CAPAC: CAPAC Chair Commends Historic OMB Updates to Federal Race & Ethnicity Data Standards by Biden-Harris Administration 2024/03/28 The White House: OMB Publishes Revisions to Statistical Policy Directive No. 15: Standards for Maintaining, Collecting, and Presenting Federal Data on Race and Ethnicity Stephen Roach: American Sinophobia In a recent opinion published in Project Syndicate , Professor Stephen S. Roach , a Yale University faculty member and former chairman of Morgan Stanley Asia, addresses the escalating Sinophobia in America and its potential consequences. He is also author of a book titled "Accidental Conflict - America, China, and the Clash of False Narratives." Roach argues that the bipartisan nature of America's Sinophobia is transforming fear into perceived fact, heightening the risk of accidental conflict with China, which could inadvertently provoke the very aggression the U.S. seeks to prevent.He traces the origins of this sentiment back to the early 2000s, when concerns about national security led to suspicions surrounding Huawei's technological advancements, ultimately resulting in sanctions against the company. Since then, Sinophobia has expanded beyond technology to encompass various sectors, including trade and military tensions.Roach also cited China to be equally guilty of its own strain of “Ameri-phobia” – demonizing the US for its accusations of Chinese economic espionage, unfair trading practices, and human rights violations. He highlights the reciprocal nature of fear between the U.S. and China, with both countries demonizing each other based on false narratives.This escalating fear, Roach warns, parallels the red-baiting tactics of the early 1950s in the U.S., now manifesting in unsubstantiated accusations against China by politicians like Representative Mike Gallagher . Roach underscores the absence of concrete evidence supporting many of these allegations, attributing them to the bipartisan politicization of deductive reasoning and America's historical intolerance of alternative ideologies. Roach argues that instead of succumbing to fear, the U.S. must confront its own challenges, such as trade deficits and technological shortcomings, without scapegoating China. He emphasizes the need for rational leadership and quotes President Franklin D. Roosevelt's famous dictum, "The only thing we have to fear is fear itself," urging the U.S. to rise above the politics of fear and uphold its global leadership responsibly. Read the Project Syndicate essay: https://bit.ly/3xhFAvK US Universities Secretly Turned Their Back on Chinese Professors under DOJ's China Initiative According to a University of Michigan report, American universities have increasingly distanced themselves from Chinese professors targeted under the China Initiative and similar federal agency investigations, often pressuring them to resign voluntarily or retire early. At a recent panel discussion on the China Initiative and its aftermath, hosted by the University of Michigan, panelists shared their experiences, insights and lesser-known facts. Gang Chen , one of the professors charged under the China Initiative, expressed gratitude for the support he received from MIT. “I’m the lucky one,” Chen said. Chen was one of the professors charged under the China Initiative, a program launched by the U.S. Department of Justice in 2018 to counter economic espionage from China. Despite the initial purpose, the program primarily focused on cases involving researchers who had failed to disclose ties with China, such as receiving grants, spending sabbaticals or summers, or receiving honorary appointments from Chinese institutions. All charges against Chen were dismissed. Peter Zeidenberg , a lawyer representing scientists and academics accused of economic espionage, highlighted how universities typically distance themselves from accused professors. Instead of acknowledging their awareness of the professors' connections with China or providing proper disclosure training, universities often shift blame to the accused. Universities often deflected blame, telling granting agencies, “It was him. He did it. Go get him,” Zeidenberg said. The National Institutes of Health (NIH) is the largest funder of academic biomedical research on the U.S. Under the China Initiative, NIH started investigating whether federal funds were used properly by faculty. This included examining whether the funds were used to do work in China due to faculty’s undisclosed connections with Chinese institutes. As a result of this investigation, 44% of the 255 professors where NIH asked universities to investigate lost their jobs. “Most of those affected were tenured professors,” said Ann Chih Lin , University of Michigan associate professor of public policy and director of the Lieberthal-Rogel Center for Chinese Studies. According to Lin, NIH made it clear that if they could not resolve concerns regarding a faculty member and a grant, NIH would not only require universities to repay the grant, but also investigate universities’ entire portfolio of NIH grants. Fearing the loss of grant money, universities often approached the implicated professors and encouraged them to resign voluntarily or retire early. This strategy aimed to avoid a public disciplinary hearing or grievance process, which could bring unwanted attention to the case. Professors involved in such investigations typically refrained from discussing their cases to protect both themselves and the universities, often choosing to depart quietly.While the Department of Justice terminated the China Initiative in 2022 amid criticism, the damage has been done. In addition to losing talent, recent research by RuiXue Jia , associate professor of economics at the University of California San Diego, indicates reduced productivity among U.S. scientists with Chinese collaborators, particularly in fields receiving pre-investigation NIH funding. Moreover, the cessation of the China Initiative does not signal the end of repercussions, as federal granting agencies continue their investigations, perpetuating potential harm. Read the University of Michigan report: https://bit.ly/3PJLb4f News and Activities for the Communities 1. APA Justice Community Calendar Upcoming Events: 2024/04/02 AA and NHPI Higher Education Leadership Development Summit2024/04/07 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 Justice2024/04/19 Committee of 100 Annual Conference and Gala2024/04/19 Appeals Court Hearing on Florida SB 264Visit https://bit.ly/45KGyga for event details. 2. 04/09 China Town Hall On April 9, 2024, a hybrid two-part program, China Town Hall, will be held at the Newton City Hall Memorial Auditorium, Newton City, Massachusetts. The first part of the program features Dr. Kurt Campbell , Deputy Secretary of State, in a national webcast hosted by the National Committee on US-China Relations (NCUSCR). This part of the program starts at 7 pm ET and is scheduled for one hour. Register here: https://bit.ly/4afaDae . The second part of the program is a local conversation with Newton City Mayor Ruthanne Fuller giving welcome address and opening remarks by Professor Min Ye of Boston University and Congressman Jake Auchincloss . Discussions will follow with Professor Lisong Liu of MassArt serving as moderator. This part of the program is co-hosted by NCUSCR and the New England Chinese American Alliance. It is scheduled to start at 8:00 pm ET for 90 minutes. Join the Zoom meeting: https://us02web.zoom.us/w/87627173939#success Back View PDF April 1, 2024 Previous Newsletter Next Newsletter

Newsletter - #106 01/03 Meeting Summary; UCS; OSTP/DARPA; Gang Chen+Cl; APA Women Journalists; UCA/Yale+ #106 01/03 Meeting Summary; UCS; OSTP/DARPA; Gang Chen+Cl; APA Women Journalists; UCA/Yale+ Back View PDF January 18, 2022 Previous Newsletter Next Newsletter

Newsletter - #326 Xiaofeng Wang; Dean Chemerinsky; F1 Students; TX HB17; NAPABA/AALDEF; Litigations; + #326 Xiaofeng Wang; Dean Chemerinsky; F1 Students; TX HB17; NAPABA/AALDEF; Litigations; + In This Issue #326 · Urgent : Professor Xiaofeng Wang's Wife to Speak at Town Hall/Sign-On Letter · Dean Erwin Chemerinsky Remarks at APA Justice Monthly Meeting · Lawsuits Filed for F1 Visa Students · Update on Texas Alien Land Bill HB17 · NAPABA and AADELF Filed Amicus Briefs on Birthright Citizenship · Latest on Litigations Against Trump's Executive Actions · News and Activities for the Communities Urgent : Professor Xiaofeng Wang's Wife to Speak at Town Hall/Sign-On Letter On April 11, 2025, Asian American Scholar Forum (AASF) announced that Nianli Ma , wife of Professor Xiaofeng Wang 王晓峰 , will join the virtual State of Play Town Hall to share the challenges that her family is facing. Register to attend the Town Hall: https://bit.ly/4jaA40N . Indiana University (IU) terminated Professor Wang's tenured position as Associate Dean for Research; James H. Rudy Professor of Computer Science, Engineering and Informatics; Director of Center for Security and Privacy in Informatics, Computing, and Engineering; and Director of Secure Computing on March 28. His wife's employement as IU Libraries analytst was also terminated on March 24.AASF has prepared a letter to Rahul Shrivastav , Provost of Indiana University: https://bit.ly/4jmKKJI . Concerned organizations and inidviduals are requested to sign on to the letter by 8 pm ET on Monday, April 14, 2025: https://bit.ly/3EqluTS .The AASF announcement states in part, "In this letter, we raise our concerns about whether this termination occurred without adherence to the University’s due process policies, including the requirement for notice and a hearing before the Faculty Board of Review, under University Policy ACA-52 . We request the reinstatement of Professor Wang and for IU to grant him his due process rights and the opportunity to defend himself."Moreover, we provide this letter to offer additional context from the Asian American and broader scholar, scientific, and research community. Professor Wang’s case has implications for the broader research community. There is a concern that scholars could receive backlash from their universities for activities that are not their own (i.e., getting in trouble for a grant that is not your own or a project you had no awareness of), and a question on whether scholars will be scapegoated and stripped of due process by universities for administrative errors and mistakes on paperwork as opposed to working together to fix any administrative errors. Oftentimes, scholars are not even making any intentional mistakes as those who are considered collaborators may not always be clearly defined. The criminalization of administrative matters and the scapegoating of individual academics will lead to a chilling environment for the research community and deter international collaborations that are so vital to our country’s competitiveness and prosperity."As concerns increase about the potential return of the DOJ’s China Initiative, we must make a stand as a community and ensure that the principles of due process and fairness are upheld."APA Justice is tracking Professor Wang's case at: https://bit.ly/42tbPVR Dean Erwin Chemerinsky Remarks at APA Justice Monthly Meeting Erwin Chemerinsky is Dean and Jesse H. Choper Distinguished Professor of Law at University of California Berkeley Law School. He is a renowned constitutional scholar and a leading expert on civil rights, free speech, and the judiciary. In the first months of the Trump administration, he has been a vocal advocate for the rule of law. Dean Chemerinsky spoke at the APA Justice monthly meeting on April 7, 2025. · 2025/04/05 CNN: Law school dean on Trump's executive orders: 'This is just about retribution' · 2025/04/03 Washington Post Opinion: Trump is targeting law firms and academia. Why don’t they speak up? · 2025/03/14 AP News: Trump demands unprecedented control at Columbia, alarming scholars and speech groups · 2025/03/07 New York Times Opinion: The One Question That Really Matters: If Trump Defies the Courts, Then What? Dean Chemerinsky expressed deep concern about the future of American democracy, stating that if the country were to slide into authoritarianism, this is what it would look like. He emphasizes that his fears are nonpartisan and not about specific policies like tariffs or foreign affairs, but rather about blatant violations of the Constitution and rule of law. He believes the current administration has shown unprecedented lawlessness within its first 75 days, more than any administration before, and signals the urgency of collective action in response. Dean Chemerinsky covered six major topics: 1. Putting people in prison without any due process . Dean Chemerinsky describes a troubling case in which the Trump administration transferred over 200 Venezuelans—and mistakenly, a lawful Salvadoran resident named Kilmar Garcia —to a maximum-security prison in El Salvador without due process. Judge Patricia Millett criticized the action as lacking even "a gossamer of due process." The administration argues that no U.S. court has authority to review or intervene when individuals are detained in foreign countries. Although a U.S. District Court ordered Garcia's return, the Justice Department contends that only a writ of habeas corpus applies—something U.S. courts cannot issue for those held abroad. Dean Chemerinsky warns this stance could allow the government to detain anyone, even critics, outside the U.S. with no legal recourse, raising serious constitutional concerns. The Supreme Court was going to rule on an emergency motion to return Garcia to the U.S. 2. Elimination of Federal agencies and cutoff of Federal funds . Dean Chemerinsky criticizes the Trump administration for unilaterally abolishing federal agencies like USAID, the Department of Education, and the Consumer Financial Protection Bureau without Congressional approval, which he says is illegal since only Congress can do so via statute. He also highlights that the administration is unlawfully refusing to spend funds appropriated by Congress, despite having no authority to do so. Dean Chemerinsky points out that courts during the Nixon era ruled such actions violated the separation of powers, and the 1974 Impoundment Control Act explicitly forbids presidents from withholding congressionally approved spending. 3. Firings of agency heads and civil service workers . Dean Chemerinsky highlights the firing of agency heads and civil service workers without just cause, despite federal laws protecting them. He notes that since 1935, the Supreme Court has upheld Congress's authority to limit the removal of officials in multi-member agencies. Despite this, Trump dismissed leaders from bodies like the Merit Systems Protection Board and the National Labor Relations Board. Just recently, the D.C. Circuit ruled in Harris v. Bessent (7–4) that these firings were unauthorized. 4. Effort to strip birthright citizenship . Dean Chemerinsky identifies a fourth legal violation: the Trump administration’s attempt to eliminate birthright citizenship. The first sentence of Section One of the 14th Amendment states that “all persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States.” The phrase “within the jurisdiction” excludes only limited cases, such as children born to foreign soldiers during an invasion. The Supreme Court affirmed this broad guarantee in United States v. Wong Kim Ark (1898), holding that all individuals born on U.S. soil are citizens, regardless of their parents’ immigration status. Dean Chemerinsky emphasizes that no prior president had challenged this interpretation—until Trump issued an executive order declaring that only children born to U.S. citizens or green card holders would be considered citizens, directly contradicting over a century of settled constitutional law. 5. Targeting universities . The fifth legal violation identified by Dean Chemerinsky is the Trump administration’s targeting of universities by cutting federal funds—$400 million from Columbia and $150 million from the University of Pennsylvania—without following legal procedures. Federal law requires prior notice, a hearing, findings of fact, and a 30-day notice to Congress before cutting university funding, none of which occurred. Moreover, funds may only be cut if a university is deliberately indifferent to a hostile environment, and only the specific discriminatory program may be defunded—not the institution as a whole. Chemerinsky argues this effort is an unlawful attempt to intimidate universities. 6. Retribution against law firms . The Trump administration's targeting of law firms through punitive executive orders aimed at retribution. Firms like Covington & Burling and Perkins Coie were singled out due to their past associations—one had a lawyer who worked with Jack Smith , the other represented Hillary Clinton . The executive orders barred these firms and their lawyers from obtaining security clearances, entering federal buildings (including courts), or representing businesses contracting with the federal government—effectively crippling them. Three federal judges have ruled such orders illegal, affirming that lawyers should not be punished for their clients or lawful, zealous advocacy. Nonetheless, a number of law firms have capitulated and settled, trying to avoid being named in executive orders. Taken together, it is a pattern of violations of the Constitution and laws. Dean Chemerinsky outlines three key actions we all need to take: · Stay Informed – We must continue to follow the news and understand the actions of the Trump administration, despite it being upsetting. · Get Involved – Support organizations challenging lawlessness by volunteering and providing financial assistance. Everyone should find ways to contribute to upholding the rule of law. · Speak Out – Take action by contacting Congress, signing petitions, writing public op-ads, or simply discussing these issues with others to raise awareness and advocate for change. Dean Chemerinsky closed his remarks by quoting Reverend Martin Niemuller (1892-1984), who upon release from a concentration camp, wrote. “First they came for the socialists, and I did not speak out—because I was not a socialist.“Then they came for the trade unionists, and I did not speak out—because I was not a trade unionist.“Then they came for the Jews, and I did not speak out—because I was not a Jew.“Then they came for me—and there was no one left to speak for me.” Following Dean Chemerinsky’s remarks, a discussion including Drs. Les Wong and Jeremy Wu explored the implications of his warnings. Dr. Wong reflected on historical patterns of scapegoating and the importance of civic education, while Dr. Wu linked Dean Chemerinsky’s points to current threats targeting Asian American communities, such as the revival of the China Initiative and the use of wartime powers against immigrants. The discussion emphasized the need for vigilance, coalition-building, and active civic engagement to defend constitutional protection and uphold the rule of law.A video of Dean Chemerinsky's remarks is posted at https://bit.ly/42tYv2n (17:10)A summary of the April 2025 APA Justice monthly meeting is being prepared at this time. Update on the Case of Kilmar Abrego Garcia According to AP News , New York Times , Washington Post , and multiple media reports, on April 10, 2025, the Supreme Court in a 9-0 ruling rejected the Trump administration's appeal and instructed it to take steps to return Kilmar Abrego Garcia, a Salvadoran migrant it had wrongly deported to a notorious prison in El Salvador.The Trump administration refused to meet District Court Judge Paula Xinis ’ deadline of April 10 to share steps officials are taking to facilitate the return of Kilmar Abrego Garcia, saying in a court hearing that the government needs more time to comply with a Supreme Court order. The government’s attorney, Drew C. Ensign , said he could not answer the judge’s questions about Kilmar Abrego García’s whereabouts, including where the man is being held, what the government has done so far to secure his return and what it plans to do next.In a written order after the hearing on April 11, Judge Xinis said the Trump administration had “failed to comply” with the court’s instructions and would not answer “straightforward questions.” She ordered the Trump administration to file daily status updates with the court about the government’s progress getting Abrego García back to the United States by 5 p.m. each day and set a follow-up hearing for the afternoon of April 15.The Justice Department suspended Erez Reuveni , a veteran lawyer who acknowledged that Kilmar Abrego García was mistakenly deported and said he did not know the legal basis for the decision. Lawsuits Filed for F1 Visa Students On April 11, 2025, DeHeng Law Offices PC announced that it has filed a civil lawsuit with the District Court of the Northern District of California: Chen et al v. Noem et al (3:25-cv-03292) . According to the announcement 为留学生F1签证身份起诉美国政府的通知与捐款倡议书 , the US government is terminating hundreds if not thousands of international students' SEVIS registration without legitimate reasons. This has wreaked havoc on the students' study and life in the US. With the termination, the international students are supposed to leave the country right away. The only solution is to get a court order to restore their SEVIS status immediately. A website has been created to track the continuing development of the case: www.caseforf1students.com . A GoFundMe campaign has started at https://bit.ly/4js7lEB . Please share informaion with your colleagues, friends, and families in your network.On April 10, 2025, ACLU of Michigan announced that it had filed a federal lawsuit, Deore v. U.S. Department of Homeland Security, Secretary of (2:25-cv-11038) , on behalf of four international students attending Michigan schools whose student visa status was revoked. The lawsuit includes a request for an emergency injunction ; and asks the court to reinstate the legal status of the students so they can complete their studies in the United States. Update on Texas Alien Land Bill HB17 According to AsAmNews on April 10, 2025, the House Committee on Homeland Security, Public Safety & Veterans' Affairs (Homeland Security Committee) in the Texas House of Representative has delayed a vote on one of the most stringent Alien Land Bills in the country as a coalition grows to oppose it. House Bill 17 (HB 17) would not only restrict the purchase of property by foreign nationals from China, North Korea, Russia and Iran, it would also put limits on where they could rent.Organizations like United Chinese Americans (UCA), APA Justice, the Association of American University Professors (AAUP), and the American Federation of Teachers (AFT) are actively opposing the bill. Professor Steven Pei of APA Justice views the vote delay as a positive sign, indicating internal discussions and hesitations among lawmakers. HB 17 was removed from the Homeland Security Committee's agenda less than 24 hours before the scheduled vote on April 9. A substitute bill is anticipated, but details remain unclear. The Senate counterpart, SB 17, has already passed. Brian Evans , President of Texas AAUP-AFT, highlights that the bill could prevent students, faculty, and professionals from the targeted countries from residing near educational institutions and workplaces, effectively discriminating against these communities.Read the AsAmNews report: https://bit.ly/42rWDXY . 1. Statement by Rep. Ray Lopez Texas Representative Ray Lopez serves as Vice Chair of the Homeland Security Committee. According to his post on X on April 9, Rep. Lopez met with Asian Americans leaders from around the state to have a critical conversation about protecting civil rights in Texas. "We held an important virtual discussion on HB 17 and its dangerous implications. This bill doesn’t just raise national security concerns — it opens the door to racial discrimination, fear, and exclusion. From unchecked executive authority, criminal penalty without due process, and banning people from living in urban areas sets a troubling precedent. HB 17 sends a message that certain individuals are not welcome in Texas — and that’s unacceptable," 2. AAUP-ATF Calls for Action On April 8, 2025, Texas AAUP-AFT issued an urgent call to action in opposition to HB 17, which was recently heard by the Texas House Committee on Homeland Security, Public Safety & Veterans' Affairs. The bill seeks to ban citizens from China, Iran, North Korea, and Russia from purchasing or leasing property within 10 miles of what the state defines as “critical infrastructure.” While supporters claim the bill is about national security, the AAUP-ATF and other critics argue that it is rooted in racial and ethnic profiling, echoing the discriminatory history of alien land laws that previously targeted Asian immigrants. HB 17, they warn, threatens the rights of individuals based solely on their national origin rather than any actual wrongdoing.The AAUP emphasizes that HB 17 poses a direct threat to the educational mission and values of Texas institutions, particularly by creating a hostile environment for international students, faculty, and researchers. These individuals contribute significantly to academic excellence, research innovation, and cultural diversity on campuses across the state. If passed, the bill could deter international talent from coming to Texas, damage collaborative academic relationships, and send a chilling message that people can be excluded from basic rights due to their nationality. The AAUP calls on Texans to contact their state representatives and speak out against HB 17, defending the rights of all members of the academic community and upholding the principles of equity and inclusion. 3. Local NAACP and LULAC Joined Rally During the March 30, 2025, Houston rally against HB 17, NAACP Houston President Bishop James Dixon delivered a powerful speech urging federal and state leaders to uphold America's promise of justice and equality for all Americans - including Chinese, Japanese, African, and Latino Americans. He condemned policies like HB 7 and SB 17 as betrayals of democratic principles, declaring “We’re not asking for pity—we’re asking for justice.” Bishop Dixon called for unified, sustained actions beyond press conferences to achieve read change. He ended with a rallying cry: “The people united can never be defeated” and led the crowd in singing of "We Shall Overcome."Houston LULAC Council President Dr. Sergio Lira and his wife Maria also joined the rally in solidarity. Speaking with passion and conviction, Dr. Lira declared, “When there is discrimination against one, there is discrimination against all. We must stand together.” He emphasized the importance of unity and collective action, vowing, “We are going to let folks in Austin and across the nation know that we are brothers and sisters, united in the spirit of ‘yes we can.’” 4. An Emerging Broad and Diverse Coalition More than 80 organizations signed an open letter to Texas legislators opposing HB 17. The effort was led by The Texas Multicultural Aadvocacy Coalition (TMAC) and UCA, which was also posted as ads in Texas media. They represent a broad, diverse coalition of Texas-based and national groups united against discriminatory legislation targeting immigrants and communities of color.The 49 Texas organizations include cultural, civic, business, legal, and advocacy groups rooted in Asian American, Latino, and African American communities across major cities such as Houston, Dallas, Austin, and San Antonio. These groups range from long-established institutions like the NAACP Houston Branch, Greater Houston LULAC Council, and OCA Greater Houston, to professional networks like the Asian American Bar Associations of Houston, Dallas, and Austin, as well as local cultural organizations such as the DFW Chinese Alliance, Shaanxi Folks Group, and Fujian Association of South USA. Together, they reflect a rich diversity of Chinese, Asian, and multicultural constituencies across Texas, voicing collective opposition to HB 17's targeting of foreign land ownership based on national origin.The 32 national and other organizations include leading civil rights, legal, and policy groups such as Asian Americans Advancing Justice | AAJC, APA Justice Task Force, Asian Pacific American Public Affairs, Chinese American Citizens Alliance, Chinese for Affirmative Action, Japanese American Citizens League (JACL), National Asian Pacific American Bar Association (NAPABA), and OCA–Asian Pacific American Advocates. They are joined by grassroots networks like Pivot to Peace, Stop AAPI Hate, and United Chinese Americans (UCA), as well as academic and professional associations such as the Federation of Asian Professor Associations. These groups bring national visibility, legal expertise, and historical context to the fight against policies like HB 17, drawing parallels to past discriminatory land laws and mobilizing communities across the country in defense of civil rights and equal treatment under the law.The Asian Real Estate Association of America (AREAA) and its San Antonio Chapter were also a key voice in the real estate and property rights sector, advocating against discriminatory barriers that would impact their members and clients at the state and national level.2025/04/10 西雅图中文电台: 德州众议院推迟限制华人租房/购房法案的投票 2025/04/08 休斯顿在线: 限制中国人买房/买地/租房的德州HB17法案明日投票！留给我们的时间不多了 NAPABA and AADELF Filed Amicus Briefs on Birthright Citizenship On April 11, 2025, the Asian American Legal Defense and Education Fund (AALDEF)—with the Korematsu Center for Law and Equality and the Center for Civil Rights and Critical Justice—filed an amicus brief in opposition to the Trump administration’s executive order terminating birthright citizenship for children born to parents who are not citizens or permanent residents. The brief was submitted on behalf of more than 80 Asian American organizations and law centers to the Ninth Circuit U.S. Court of Appeals. The brief connects the executive order to its historical roots in the Asian exclusion movement of the late 19th century, arguing that this attack on birthright citizenship has no place in a democracy founded on the notion that all people are created equal. The authors center the stories of mixed-status families and additional instances of individuals who had their citizenship taken away to illustrate the harm the executive order will have if allowed to stand. Read the AALDEF announcement: https://bit.ly/42biaVZ . Read the full amicus brief: https://bit.ly/42FSscd .On April 9, 2025, the National Asian Pacific American Bar Association (NAPABA) and 43 of its affiliates and national associates from across the country joined forces to defend the fundamental constitutional guarantee of citizenship. The coalition filed an amicus brief with the U.S. Court of Appeals for the Ninth Circuit in State of Washington v. Donald J. Trump. The Fourteenth Amendment of the U.S. Constitution promises every person equal treatment under the law. It also includes an equal claim of citizenship to all persons born in the United States, regardless of the stature or circumstances of their parents.Executive Order 14160 upends that promise. It refuses to recognize the birthright citizenship of any child born in the United States to a mother who is lawfully present on a temporary basis, like those on work or student visas, and a father who is neither a U.S. citizen nor a lawful permanent resident.Read the NAPABA announcement: https://bit.ly/3G6WotN . Read the full amicus brief: https://bit.ly/4csfFln Latest on Litigations Against Trump's Executive Actions As of April 11, 2025, the number of lawsuits against President Donald Trump 's executive actions reported by the Just Security Litigation Tracker has grown to 186 (4 closed cases). These are some of the latest developments: · J.A.V. v. Trump (1:25-cv-00072) @Southern District of Texas and G.F.F. v. Trump (1:25-cv-02886) @Southern District of New York. Plaintiffs are Venezuelan nationals (proceeding under pseudonym) in immigration custody in Texas and New York respectively. They have filed habeas petitions asking the court to stop the government from removing them from the United States based on the Alien Enemies Act Presidential Proclamation, and to declare the Proclamation unlawful. The case has been brought on behalf of themselves and a class of all other persons similarly situated, to include all noncitizens from Venezuela in immigration custody in the Southern District of Texas and the Southern District of New York, who were, are, or will be subject to the Proclamation. The courts have temporarily blocked the Defendants from removing the Plaintiffs and others similarly situated through April 23, 2025. · Samuels v. Trump (1:25-cv-01069) @District of Columbia. On January 27, 2025, President Donald Trump removed Plaintiff Jocelyn Samuels from her position as Commissioner of the Equal Employment Opportunity Commission (EEOC). Samuels brought suit arguing that the EEOC is an independent agency, and President Trump does not have authority to remove her prior to the end of her term in 2026. Samuels asked the court to declare her removal unlawful and for injunctive relief to allow her to perform her duties as Commissioner. News and Activities for the Communities 1. APA Justice Community Calendar 2025/04/13 Rep. Gene Wu's Town Hall Meeting2025/04/14 State of Play Virtual Town Hall2025/04/15 China Connections: A Conversation with Emily Feng2025/04/22 Scholars Not Spies: Fighting for International Academic Workers’ Rights in an Era of Rising US-China Conflict2025/04/24 CHINA Town Hall: The First 100 Days: President Trump's China Policy2025/04/24-26 Committee of 100 Annual Conference and Gala2025/04/27 Rep. Gene Wu's Town Hall Meeting2025/05/05 APA Justice Monthly Meeting2025/05/06 Asian American Careers - How to Build Your Personal Network, including Through Strategic Allies2025/05/11 Rep. Gene Wu's Town Hall MeetingVisit https://bit.ly/3XD61qV for event details. # # # APA Justice Task Force is a non-partisan platform to build a sustainable ecosystem that addresses racial profiling concerns and to facilitate, inform, and advocate on selected issues related to justice and fairness for the Asian Pacific American community. For more information, please refer to the 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 April 13, 2025 Previous Newsletter Next Newsletter

Newsletter - #302 Thank you Judy Chu! Franklin Tao Sues KU; Birthright Citizenship; WP Cartoonist Quits #302 Thank you Judy Chu! Franklin Tao Sues KU; Birthright Citizenship; WP Cartoonist Quits In This Issue #302 · Thank You, Congresswoman Judy Chu! · Breaking News: Professor Franklin Tao Sues Kansas University · Birthright Citizenship, 14th Amendment, Wong Kim Ark, and More · Famed Cartoonist Quits Washington Post · News and Activities for the Communities Thank You, Congresswoman Judy Chu! During the APA Justice monthly meeting on Monday, January 6, 2025, Congresswoman Judy Chu , Chair Emeritus of the Congressional Asian Pacific American Caucus (CAPAC), delivered an inspiring New Year’s message to the Asian American, Native Hawaiian, and Pacific Islander (AANHPI) communities. Rep. Chu was first elected to the U.S. House of Representatives in 2009, becoming the first Chinese American woman to serve in Congress. She is the longest-serving Chair of CAPAC, holding the position from 2011 to 2024. She succeeded Norman Mineta (1994–1995), Patsy Mink (1995–1997), Robert Underwood (1997–2001), and Mike Honda (2001–2011). As Rep. Chu transitions to the role of Chair Emeritus, Rep. Grace Meng has begun her tenure as the 6th Chair of CAPAC. Through her leadership and unwavering advocacy for the community, Rep. Chu has consistently championed the rights and well-being of AANHPI communities. Her impactful accomplishments include: · Leadership in Addressing Racial Profiling, Creating APA Justice, and Opposing the China Initiative : Rep. Judy Chu has been at the forefront of combating racial profiling, particularly in cases like Sherry Chen and Dr. Xiaoxing Xi , who faced wrongful accusations of espionage. She staunchly opposed the Trump administration's "China Initiative," which disproportionately targeted Chinese American scientists and researchers. Rep. Chu inspired the creation of APA Justice, a platform dedicated to addressing racial profiling, advocating for legal protection, and fighting systemic discrimination. · C ombating Anti-Asian Hate : In response to the alarming rise of anti-Asian hate crimes during the COVID-19 pandemic, Rep. Chu championed the COVID-19 Hate Crimes Act to enhance resources for combating hate crimes and improving their reporting and tracking. She also worked alongside community organizations to support victims and amplify public awareness, playing a key role in the national effort to confront and dismantle racial hatred. · Advancing Inclusion and Historical Reconciliation : As CAPAC Chair, Rep. Chu prioritized increasing AANHPI representation in government and leadership while addressing past injustices. She led the congressional resolution expressing regret for the 1882 Chinese Exclusion Act, acknowledging its long-standing harm and paving the way for historical reconciliation. Her dedication to inclusion and equity continues to shape a brighter future for AANHPIs across the nation. A summary of the monthly meeting is being prepared at this time. Breaking News: Professor Franklin Tao Sues Kansas University According to The Independent on January 6, 2025, Professor Feng "Franklin" Tao ( 陶丰) , who was targeted by the Trump administration's controversial "China Initiative," has filed a lawsuit against the University of Kansas (KU). The lawsuit alleges that KU improperly reported him to the FBI based on false claims from a disgruntled visiting student attempting extortion. Despite being acquitted in 2024, Professor Tao’s career, reputation, and well-being suffered lasting harm. The lawsuit also criticizes KU for exacerbating racial fears and discrimination under the pretext of national security concerns, calling for accountability for its actions. Notably, the now-defunct "China Initiative," intended to address alleged espionage threats by Chinese academics, faced widespread criticism for racial profiling and targeting Chinese Americans, many of whom were later cleared of wrongdoing. Efforts to reinstate the initiative are still ongoing in Congress.Filed on January 3, 2025, Tao v. University of Kansas (2:25-cv-02005) demands a jury trial. In his complaint, Tao, a distinguished chemist with over 210 peer-reviewed articles and three books, alleges that KU's actions violated contractual, legal, and ethical obligations. Recruited by KU in 2014 for a tenured position, Tao became the first academic arrested under the "China Initiative" in 2019. The lawsuit claims KU terminated him unlawfully, breaching a 2020 agreement to withhold employment decisions until after the criminal trial concluded. Despite his acquittal, KU has refused to reinstate him.Professor Tao further asserts that KU collaborated with the Department of Justice (DOJ) to surveil and prosecute him based on unsubstantiated accusations, provided misleading information to federal authorities, and failed to protect him against xenophobic fearmongering. The lawsuit argues that KU’s conduct reflects discriminatory practices and a betrayal of its commitment to academic rigor and innovation. Tao seeks accountability for the severe damage inflicted on his career, finances, and emotional health, and condemns KU’s role in perpetuating a "racist witch hunt." Read the Independent report: https://bit.ly/4a7mxDE . Read the APA Justice web page on Professor Tao: https://bit.ly/3y8SBsm Birthright Citizenship, 14th Amendment, Wong Kim Ark, and More During the Q&A session of the APA Justice monthly meeting on January 6, 2025, birthright citizenship emerged as a significant topic of concern for AANHPI communities.President-elect Donald Trump has repeatedly pledged to end birthright citizenship for children born to non-citizen or undocumented immigrant parents. He threatens an executive order or other unilateral action on Day 1 of his presidency, bypassing the constitutional amendment process required to alter the 14th Amendment.The 14th Amendment explicitly guarantees birthright citizenship through its Citizenship Clause: "All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside." This clause, originally designed to grant citizenship to freed slaves after the Civil War, has served as the foundation for birthright citizenship in the U.S., affirming that anyone born on U.S. soil is automatically a citizen, regardless of their parents' immigration status. Legal interpretation of “subject to the jurisdiction thereof” excludes certain groups, such as children of foreign diplomats or enemy occupiers, but includes children of undocumented immigrants.The landmark 1898 Supreme Court case United States v. Wong Kim Ark reinforced this principle. Wong Kim Ark , born in San Francisco to Chinese immigrant parents, was denied reentry to the U.S. after a visit to China. His case arose during a period of intense anti-Chinese sentiment, codified in laws like the Chinese Exclusion Act of 1882, which severely restricted Chinese immigration and naturalization. Immigration authorities argued that his parents’ nationality disqualified him from U.S. citizenship. The Court ruled 6-2 in favor of Wong, affirming that birthright citizenship applies to all persons born on U.S. soil, regardless of their parents' nationality, provided they are not foreign diplomats or enemy combatants. This decision remains a cornerstone of U.S. citizenship law, underpinning the principle of jus soli (right of the soil). The decision has had lasting significance, serving as the legal basis for birthright citizenship in the United States. It remains a key precedent in debates over citizenship.According to the Pew Research Center , an estimated one million of the 4.3 million babies born in the United States in 2008 were the offspring of immigrants, about 340,000 of them by undocumented immigrants.The issue has resurfaced amid fears of heightened immigration enforcement and challenges to sanctuary city protections. According to the Voice of San Francisco report authored by John Trasviña , San Francisco City Attorney David Chiu has vowed to lead efforts to defend immigrants against expected rollbacks of rights and attacks on birthright citizenship. Trasviña led the Mexican American Legal Defense and Educational Fund (MALDEF) as President and General Counsel and was Dean of the University of San Francisco School of Law. According to MSNBC on January 7, 2025, Connecticut Attorney General William Tong emphasized the vital role immigrants play in the U.S., citing his own humble background and upbringing. He asserted his commitment to upholding the Constitution against "demagoguery." Tong stated, "birthright citizenship is part of our essential character. It is the core of the American Dream." He vowed to rally fellow attorneys general to form a firewall to protect birthright citizenship and other immigrant rights. The same broadcast reported that on January 6, 2025, Pope Francis appointed Cardinal Robert W. McElroy , the former Bishop of San Diego, as the new Archbishop of Washington, D.C. Known for his outspoken defense of immigrants, Cardinal McElroy had said in 2016, when the Trump administration threatened massive deportations, "we must label this policy proposal for what it is — an act of injustice which would stain our national honor in the same manner as the progressive dispossessions of the Native American peoples of the United States and the internment of the Japanese." Famed Cartoonist Quits Washington Post According to CNN and multiple media reports, Ann Telnaes , a Pulitzer Prize-winning editorial cartoonist for The Washington Post , resigned on January 3, 2025, following the newspaper's decision to reject her cartoon satirizing Jeff Bezos , the paper's owner, and other tech moguls. The cartoon depicted these billionaires kneeling before a statue of Donald Trump , symbolizing their efforts to gain favor with the incoming administration. On January 3, 2024, Talnaes posted an explanation of why she quit the Washington Post. She described how a cartoon criticizing billionaire tech and media executives was killed. This was the first time her cartoon was rejected due to its viewpoint, marking a concerning shift in editorial policy. The cartoon aimed at powerful figures, including Mark Zuckerberg and Jeff Bezos, who were seen as cozying up to President-elect Trump. The cartoonist leaves the Post, emphasizing the importance of holding the powerful accountable, stating the Washington Post's motto, "Democracy dies in darkness."On January 4, 2025, The Association of American Editorial Cartoonists condemned The Post’s decision, accusing the newspaper of “craven censorship” and “political cowardice.”“Editorial cartooning is the tip of the spear in opinion, and the Post’s cowering further soils their once-stellar reputation for standing up and speaking truth to power. We weep for the loss of this once great newspaper,” it said, calling on other cartoonists to finish Telnaes’ sketch and post it online in a show of solidarity. 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. 2025 AAAS Annual Meeting The 2025 Annual of the American Association for the Advancement Science (AAAS) will be held in Boston on February 13-15, 2025. During the APA Justice monthly meeting on January 6, 2025, AAAS Chief Executive Officer Sudip Parikh reported that by tradition, the theme of the conference of "Science Shaping Tomorrow" was selected by the President of AAAS, Dr. Willie E. May , a distinguished chemist and research leader who serves as the Vice President for Research and Economic Development at Morgan State University. Dr. May served as the U.S. Under Secretary of Commerce for Standards and Technology and as Director of the National Institute of Standards and Technology (NIST). According to Sudip, international collaboration is a key focus of the meeting agenda. Large delegations of scholars from countries such as China, India, Japan, and others are expected to engage in robust discussions on the state of science and global collaborations. The breakthrough of the year is a small-molecule drug for HIV that offers six months of protection against HIV transmission.Register for the 2025 AAAS Annual Meeting today: https://bit.ly/3C7Ai8M # # # 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 8, 2025 Previous Newsletter Next Newsletter

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