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On March 8, 2022, APA Justice sent a letter to Assistant Attorney General Matthew G. Olsen, calling for the release of a report on the Department of Justice's review of the “China Initiative.” March 8, 2022 On March 8, 2022, APA Justice sent a letter to Assistant Attorney General Matthew G. Olsen, calling for the release of a report on the Department of Justice's (DOJ’s) review of the “China Initiative.” In the letter, we express our support for his announcement ending the “China Initiative” on February 23, 2022, and our appreciation for his openness and willingness to engage, listen, and respond to community concerns. Ending the “China Initiative” is a promising start to correct the harms caused by the initiative, apply lessons learned, and rebuild community trust and confidence that were lost in our law enforcement and judicial system. For transparency and to ensure an accurate understanding of the changes, we request the public release of a report memorializing the findings of his review of the program that began in November 2021. Release of a report on the findings of the review is critically important to ease the broad concerns that the end of “China Initiative” is just in name but does not reflect a change in fact and substance. It will supplement Mr. Olsen's speech for the communities to move forward. It is common for the government to produce a written report to memorialize an important review such as that done for the “China Initiative.” It usually includes the defined scope, issues examined, process and methodology used, findings, recommended changes, decisions, and plans for implementation. Such a report would help to clarify, for example, the following questions: What was the scope of the “China Initiative” review? What is the new supervising role for the National Security Division? Will DOJ-wide implicit bias training be restarted? How thorough were existing prosecutions and investigations reviewed? Did the review cover allegations of DOJ and FBI misconduct? Harms and wounds inflicted during and prior to the "China Initiative" are deep and wide spread in the Asian American and scientific communities, especially for academics of Chinese descent. It is imperative to start the process of healing and restoration of trust in the law enforcement and judicial system with transparency, accountability, and community engagement in moving forward. letter2mattolsen_20220308 .pdf Download PDF • 244KB On March 8, 2022, APA Justice sent a letter to Assistant Attorney General Matthew G. Olsen, calling for the release of a report on the Department of Justice's review of the “China Initiative.” Previous Next APA Justice Calls for Release of Report on Review of "China Initiative"

Newsletter - #266 Franklin Tao Wins Appeal; NBER Study; 1990 Workshop Video; Wisconsin Farmland; + #266 Franklin Tao Wins Appeal; NBER Study; 1990 Workshop Video; Wisconsin Farmland; + In This Issue #266 · Professor Feng "Franklin" Tao Wins Appeal · Study Shows Drastic Decline in US-China Scientific Exchange · 1990 Institute Teachers Workshop on U.S.-China Relations · WPR : Fears of China-owned Farmland in Wisconsin and US are Exaggerated · News and Activities for the Communities Professor Feng "Franklin" Tao Wins Appeal According to Reuters, Science, and multiple reports, on July 11, 2024, the Tenth Circuit Court of Appeals in Denver overturned the lone conviction of former University of Kansas (KU) Professor Feng "Franklin" Tao for making a false statement related to work he was doing in China.Professor Tao was one of the first academic scientists charged under the now-defunct China initiative launched in November 2018 by then-President Donald Trump to combat Chinese economic espionage. In 2019, DOJ had relied on information provided by one of Tao’s former colleagues — a visiting scholar at KU angry with Tao amid an authorship dispute. The colleague had demanded $300,000 from Tao or she would tell the FBI that Tao was a spy.The FBI investigation found no evidence of espionage involving Professor Tao. However, while still a tenured KU faculty member, he was arrested in August 2019 and spent 1 week in jail. In April 2022, a federal jury convicted him of three counts of wire fraud as well as making a false statement to KU about his ties to Fuzhou University in connection with grants from the Department of Energy (DOE) and the National Science Foundation (NSF). The university fired him after the jury decision, but 5 months later U.S. District Court Senior Judge Julie Robinson threw out the fraud convictions, citing a lack of evidence. And in January 2023 she rejected the government’s request for jail time and a stiff fine as a penalty for the false statement conviction. Professor Tao was sentenced to time served and a two-year probation, which was later reduced to one year. Professor Tao appealed the jury’s decision on this last remaining count, and the Tenth Circuit Court of Appeals in Denver ruled in a 2-to-1 decision that Professor Tao was right. “We reverse his conviction … and agree with Tao that the government offered insufficient evidence for a rational jury to find that his statement to his employer was material to any DOE or NSF decision” affecting the status of his grants. U.S. Circuit Judge Nancy Moritz , wrote for the majority. Professor Tao is one of many China Initiative cases against U.S. academics that have fallen apart in court. President Joe Biden ’s administration officially ended the program in February 2022. But Republicans in the U.S. House of Representatives have campaigned for it to be reinstated.Professor Tao said in a statement issued by United Chinese Americans (UCA) after the appeal victory, "Today, I come to you with a mix of heavy and joyous feelings to update you on the outcome of our four-year struggle. The Tenth Circuit Court has removed the last remaining charge against me. These four years of fighting against ten baseless charges have been an unimaginable battle. Without the just legal assistance of our lawyers, Peter Zeidenberg and Mike Dearington , I could not have achieved today's victory. "I want to express my gratitude to our Chinese and Asian communities (including UCA, AAJC, Committee 100, APA Justice, Asian American Scholar Forum, CALDA, AFI, OCAA...) and the many Chinese friends who supported me. I am especially thankful for UCA's continued support and encouragement over these years. Special thanks go to UCA President Haipei Shue and his team for their tremendous support. Without President Shue's personal encouragement and support, we could not have fought to this day!" 2024/07/13 AP: Court voids last conviction of Kansas researcher in case that started as Chinese espionage probe 2024/07/12 CALDA: 陶教授无罪，华人无罪 2024/07/12 Science: Court exonerates Kansas professor in China research fraud case 2024/07/12 Kansas Reflector: Federal appellate court tosses final conviction in case against former tenured Kansas professor 2024/07/11 俄州亚太联盟 OCAA: 罪名被推翻，陶峰教授赢了！ 2024/07/11 美國華人聯盟 UCA: 快讯 | 华裔学者陶丰胜诉，联邦上诉法院推翻定罪 2024/07/11 Reuters: Kansas researcher wins reversal of conviction in Trump-era China probe APA Justice: Feng "Franklin" Tao 陶丰 Study Shows Drastic Decline in US-China Scientific Exchange In its June 2024 issue, the National Bureau of Economic Research (NBER) published a working paper titled Building a Wall Around Science: "The Effect of U.S.-China Tensions on International Science Research." The paper examines the impact of rising U.S.-China geopolitical tensions on three main dimensions of science: STEM trainee mobility between these countries, usage of scientific works between scientists in each country, and scientist productivity in each country. The paper examines each dimension from a “U.S.” perspective and from a “China” perspective in an effort to provide evidence around the asymmetric effects of isolationism and geopolitical tension on science.The paper finds that between 2016 and 2019 ethnically Chinese graduate students became 16% less likely to attend a U.S.-based Ph.D. program, and that those that did became 4% less likely to stay in the U.S. after graduation. In both instances, these students became more likely to move to a non-U.S. anglophone country instead.Second, the paper documents a sharp decline in Chinese usage of U.S. science as measured by citations, but no such decline in the propensity of U.S. scientists to cite Chinese research. Third, the paper finds that while a decline in Chinese usage of U.S. science does not appear to affect the average productivity of China-based researchers as measured by publications, heightened anti-Chinese sentiment in the U.S. appears to reduce the productivity of ethnically Chinese scientists in the U.S. by 2-6%.The results do not suggest any clear “winner,” but instead indicate that increasing isolationism and geopolitical tension lead to reduced talent and knowledge flows between the U.S. and China, which are likely to be particularly damaging to international science. The effects on productivity are still small but are likely to only grow as nationalistic and isolationist policies also escalate. The results as a whole strongly suggest the presence of a “chilling effect” for ethnically Chinese scholars in the U.S., affecting both the U.S.’s ability to attract and retain talent as well as the productivity of its ethnically Chinese scientists.According to a report by the University World News on July 11, 2024, in almost every area, the NBER paper shows that “geopolitical tensions at a much lower level than the formal expulsion of academics or violent warfare can lead to a significant shift in scientist mobility”. Professor Britta Glennon , who teaches management at the Wharton School (University of Pennsylvania) and is one of the study’s four co-authors. “Over the past few decades, science has become more international across many dimensions. Science used to be concentrated in the West, but today there is a much more international scientific community," she said. “For instance, many academics are immigrants, so right there you have a very international community. There are many more international collaborations than there used to be. And, increasingly, citations in papers are from papers produced in other countries. Our study demonstrates in quantifiable terms how this large international scientific community is affected by the geopolitical tensions between the United States and China, which, from a scientific standpoint, are the major players." For their analysis of mobility using the Open Research and Contributor ID (ORCID), on which academics post their curricula vitae, Glennon and her colleagues constructed a database of 836,495 CVs in STEM fields (out of ORCID’s 14 million CVs).Using machine learning methods that infer ethnicity from names, they were able to classify scientists as being “ethnically Chinese”, which was the treatment group. The control group for those analyses was the non-ethnically Chinese complement, which was drawn from graduate students and professors in UK universities.The Pew Research Center reported in 2020 that anti-Chinese sentiment had risen 11 percentage points, from 55% to 66% in the five years since Trump began his first campaign for the presidency, which included significant anti-Chinese rhetoric, and the COVID-19 crisis, which Trump blamed on the Chinese calling it “the China virus”. Glennon and her colleagues also reference the 2021 study, “Racial Profiling among Scientists of Chinese Descent and Consequences for the US Scientific Community”, that found that Chinese scientists “reported considerable fear of US government surveillance” at almost five times the rate of non-Chinese scientists: 50.7% vs 11.7%. An additional chill was Trump’s “China Initiative”. Some 5,000 agents were assigned to the initiative tasked with preventing China from stealing technologies that were vital to America’s economic and military interests. In July 2020, FBI director Christopher A Wray stated that the bureau was “opening a China-related counterintelligence case every 10 hours”. As of September 2021, federal prosecutors had charged 28 researchers under the China Initiative. Of these, there had been about a dozen convictions or guilty pleas. Of the dozen or so Chinese professors or professors of Chinese descent, the government had convicted only four – none for espionage or theft of trade secrets or intellectual property.President Joe Biden ’s justice department closed down the initiative in February 2022.Read the NBER paper : https://bit.ly/4602fKc . Read the University World News report: https://bit.ly/4bLXfKp . 1990 Institute Teachers Workshop on U.S.-China Relations Political campaigns have and continue to portray China through an adverse lens, affecting decades-long efforts to build constructive relations with national and global implications.On June 20, 2024, the 1990 Institute hosted a Teachers Workshop on "U.S.-China Relations: Untangling Campaign Rhetoric and Understanding Policy." APA Justice was one of the co-sponsors for the workshop.China scholars from Yale Law School, the University of Pennsylvania, and New York University’s Steinhardt School spoke at the workshop, providing context with an overview of the history of U.S.-China relations and then delved into issues affecting this global relationship during this election year, including trade, technology, and Taiwan.Watch a recording of the workshop: https://www.youtube.com/watch?v=w8AisB1NZYo (video 1:30:03). Read the curated resources and lesson plans in the 1990 Institute's Reference Library. WPR : Fears of China-owned Farmland in Wisconsin and US are Exaggerated According to Wisconsin Public Radio on July 10, 2024, lawmakers and citizens are raising concerns about Chinese companies purchasing U.S. land. But a new analysis paints a different picture of who owns and leases American farmland.Wisconsin is among more than two-thirds of all states that are considering or have enacted laws limiting or banning foreign ownership of land. A Wisconsin state statute restricts foreign private investment in land. Wendon Zhang , an assistant professor of economics with Cornell University, and two other researchers recently published an article — “ Mapping and Contextualizing Foreign Ownership and Leasing of U.S. Farmland ” — in the 2024 Journal of the American Society of Farm Managers and Rural Appraisers. In an interview with Wisconsin Public Radio , Zhang said his recent research found that China and other “adversarial countries” hold zero acres of land in the “Lake Region” of the U.S., a space that includes Wisconsin. His team found that Canada, Denmark and Portugal are the top three holders of Wisconsin’s foreign-held land.“The bottom line is, if you’re concerned about significant Chinese holdings of agricultural land in Wisconsin, the evidence seems to say the contrary,” Zhang said.The U.S. has 3.4 percent of all privately-held agricultural land owned or long-term leased by foreign companies. That percentage in Wisconsin is 2.4 percent. Eighty-five percent of all land in Wisconsin that has a foreign interest is forest land. So it is not cropland, not pasture land. It is actually nearly 400,000 acres of forest land, predominantly with Canadian ownership. When you are looking at the adversary countries — China, Russia, Iran, North Korea and Venezuela — based on the public records voluntarily reported to USDA, all these countries do not hold any agricultural land in Wisconsin.However, Zhang also found that more than 51 percent of Wisconsin’s foreign-held agricultural land is categorized without a prominent country code, meaning investors in a particular property come from multiple countries. Zhang said it’s possible China or other countries might hold shares small enough in some types of holdings to fall outside of what is reported to the government, leaving them underrepresented in USDA data.Read the Wisconsin Public Radio report: https://bit.ly/3S3bwvc . Read the journal article: https://bit.ly/3xTZq0N News and Activities for the Communities 1. APA Justice Community Calendar Upcoming Events: 2024/07/15 APIAVote: RNC Convention, AAPI Briefing &Reception, Milwaukee, WI2024/07/16-17 National Science, Technology, and Security Roundtable - Capstone2024/07/17 C100 Career Ceiling Summit: Creating a Level Playing Field2024/07/25-28 Leadership Convention by NAAAP (National Association of Asian American Professionals) 2024/07/27-28 Asian American Pioneer Medal Symposium and Ceremony2024/08/04 Rep. Gene Wu's Town Hall Meeting2024/08/05 APA Justice Monthly Meeting2024/08/19 DNC Convention, AAPI Briefing & Reception, Chicago, ILThe Community Calendar has moved. Visit https://bit.ly/3XD61qV for event details. Back View PDF July 15, 2024 Previous Newsletter Next Newsletter

Newsletter - #147 WSJ on Outflow; 10/3 Meeting; NAPA Fellows; OSTP Director Confirmed; Zhengdong Cheng #147 WSJ on Outflow; 10/3 Meeting; NAPA Fellows; OSTP Director Confirmed; Zhengdong Cheng Back View PDF September 26, 2022 Previous Newsletter Next Newsletter

Newsletter - #29 12/2 Webinar; "China Initiative" Reports And Statistics; 2020 Census #29 12/2 Webinar; "China Initiative" Reports And Statistics; 2020 Census Back View PDF November 19, 2020 Previous Newsletter Next Newsletter

Newsletter - #39 February 1 Meeting; Gang Chen; Franklin Tao; FBI Transformation; And More #39 February 1 Meeting; Gang Chen; Franklin Tao; FBI Transformation; And More Back View PDF January 25, 2021 Previous Newsletter Next Newsletter

Newsletter - #48 03/01 Meeting Summary; CSU Webinar; What You Can Do Today #48 03/01 Meeting Summary; CSU Webinar; What You Can Do Today Back View PDF March 11, 2021 Previous Newsletter Next Newsletter

Newsletter - #203 Reminder: Sign-on Letter! March on Washington; State Restrictions; Listening Session #203 Reminder: Sign-on Letter! March on Washington; State Restrictions; Listening Session In This Issue #203 Reminder: Invitation to Sign Letter to President Biden Urging Renewal of US-China Protocol on Scientific and Technological Cooperation See You at the "March on Washington" on August 26 NYT: Spreading State Restrictions on China Show Depths of Distrust in the U.S. AASF Community Listening Session with the Department of Defense Reminder: Invitation to Sign Letter to President Biden Urging Renewal of US-China Protocol on Scientific and Technological Cooperation Stanford University Professors Steven Kivelson and Peter F. Michelson issued the following letter calling for faculty members and scholars at U.S. institutions of higher learning to co-sign a letter to President Joe Biden to renew the US-China Protocol on Scientific and Technological Cooperation. Read the letter here: https://bit.ly/3KP6wXG Sign on to the letter here: https://bit.ly/3qGWC3r WHEN: Before Noon PDT on Thursday, August 24 APA Justice has created this web page to track the continuing development: https://bit.ly/3E9NmI8 Media reports: 2023/08/23 Reuters : US seeks extension to controversial science agreement with China 2023/08/23 Voice of America : US Seeks to Extend Science, Tech Agreement With China for 6 Months 2023/08/23 NBC News : Biden resists pressure from lawmakers and seeks short extension to key China science pact 2023/08/22 The Guardian : Warnings of scientific ‘suicide’ as US-China research collaboration hangs in balance See You at the "March on Washington" on August 26 United Chinese Americans (UCA) has issued a statement to urge the Chinese American and AANHPI communities to join the "March on Washington" in Washington DC on Saturday, August 26, 2023. The statement reads:"Sixty years ago, Dr. King delivered his immortal speech 'I have a dream' at Lincoln Memorial in Washington DC."Sixty years later, Chinese Americans are joining Americans of all ethnicities and background to march again for justice and equality. We march now not just to commemorate but to realize the dream!"The Civil Rights Movement of the sixties has seared in the memory of Americans, but the mission is far from being completed. With racial profiling China Initiative, Chinese exclusion land bills in many states, and growing mistrust toward our community, now is the time for Chinese Americans to call for the civil rights movement of our generation."As a proud partner of this historic march to continue the dream, UCA cordially invites you to join this historical event. Let’s march to renew our pledge to build a truly inclusive and pluralistic democracy! Let’s march to relive the spirit of 60’s and for our shared dream! Will you join us this Saturday in Washington DC?"Register for the event: https://tinyurl.com/March-on-Washington-August-26 ." Thanks to the support of the Committee of 100 and The Yellow Whistle ™, APA Justice will help to distribute yellow whistles on site. Use the whistle to amplify the voices of Asian Americans, Native Hawaiian, and Pacific Islander communities. Participants are urged to wear yellow color clothing. YELLOW is beautiful. Let us take the YELLOW back. We shall not remain silent, because WE BELONG™. Participants who wish to help distribute the yellow whistles should send a request to contact@apajustice.org . ENTRANCE March participants will enter on 17th St. between Independence and Constitution, Ave. ONLY. See the March Route map above. WEATHER & HYDRATION We anticipate the August summer heat during this event. We ask that you access participation based on your health history. Please bring water, hydrate, and summer cooling items for your safety; some will also be available on-site. We ask that you RECYCLE all water bottles using the recycling bins around the mall. MARCH ROUTE Marchers will begin lining up on Lincoln Circle NW and proceed South on 23rd St. crossing through the median onto the Southern portion of Independence Ave (see map above). They will march to West Potomac Park, serving as the dispersal point. Marchers will be routed to DC Metro locations, including Farragut West and North, Federal Triangle, and Smithsonian. Anyone not marching must exit the memorial and head to their transportation.Current Weather Forecast: According to local radio WTOP , organizers expect tens of thousands of visitors to take part in this year’s march at the Lincoln Memorial. The event is led by the Rev. Al Sharpton , Martin Luther King III and his wife, Andrea Waters King. According to an invitation by the Asian American Scholar Forum (AASF), Dr. King's iconic "I Have a Dream" speech resonated with all those seeking justice beyond racial divides. This historic event's relevance extends to the scholar community, which also faces difficult challenges ahead. Recognizing the participation of scholars in the march highlights the interconnected struggles against inequality. It underscores the importance of collaboration among diverse groups in the fight for justice and equality, reminding us that our collective efforts transcend boundaries. 2023/08/23 AP News : At March on Washington’s 60th anniversary, leaders seek energy of original movement for civil rights 2023/08/23 NBC News : The March on Washington's core ideas resonate 60 years later 2023/08/23 USA Today : ‘Tell ’em about the dream, Martin!’: Memories from the crowd at MLK’s March on Washington National Archives: Official Program for the March on Washington (1963) Library of Congress: The March on Washington NYT: Spreading State Restrictions on China Show Depths of Distrust in the U.S. According to the New York Times on August 21, 2023, at a moment when Washington is trying to reset its tense relationship with China, states across the country are leaning into anti-Chinese sentiment and crafting or enacting sweeping rules aimed at severing economic ties with Beijing.The measures, in places like Florida, Utah and South Carolina, are part of a growing political push to make the United States less economically dependent on China and to limit Chinese investment over concerns that it poses a national security risk. Those concerns are shared by the Biden administration, which has been trying to reduce America’s reliance on China by increasing domestic manufacturing and strengthening trade ties with allies.But the state efforts have the potential to be far more expansive than what the administration is orchestrating. They have drawn backlash from business groups over concerns that state governments are veering toward protectionism and retreating from a longstanding tradition of welcoming foreign investment into the United States.The restrictions coincide with a resurgence of anti-China sentiment. While Washington may see a relationship with China as a necessary evil, officials at the state and local levels appear determined to try to sever their economic relationship with America’s third-largest trading partner.One of the biggest targets has been Chinese landownership, despite the fact that China owns less than 400,000 acres in the United States, according to the Agriculture Department. That is less than 1 percent of all foreign-owned land.One of the most provocative restrictions has been championed by Gov. Ron DeSantis of Florida, a Republican who is running for president. In May, Mr. DeSantis signed a law prohibiting Chinese companies or citizens from purchasing or investing in properties.But the legislation is written so broadly that an investment fund or a company that has even a small ownership stake from a Chinese company or a Chinese investor and buys a property would be violating the law. Business groups and the Biden administration have criticized the law as overreach, while Republican attorneys general around the country have sided with Mr. DeSantis. The Florida legislation, which targets “countries of concern” and imposes special restrictions on China, is being challenged in federal court. A group of Chinese citizens and a real estate brokerage firm in Florida that are represented by the American Civil Liberties Union sued the state in May, arguing that the law codifies and expands housing discrimination. The Justice Department filed a “statement of interest” arguing that Florida’s landownership policy is unlawful.Read the New York Times report in both English and Chinese 切断与中国经济联系？美国多州“反中”情绪渐涨: https://nyti.ms/3sibK7M Watch also NBC News report " Backlash grows over Chinese companies purchasing land in U.S. " (video 3:12) AASF Community Listening Session with the Department of Defense The Asian American Scholar Forum (AASF) will host a scholar community listening session with the Department of Defense (DoD) on August 30, 2023, starting at 7:00 pm ET. The session provides a platform where scholars can ask questions and engage in dialogue. The guest speaker is Bindu Nair , Department of Defense Director of Basic Research. This is a unique opportunity to offer feedback and learn more about new and developing policies at the DoD. The listening session will cover " Policy for Risk-Based Security Reviews of Fundamental Research " issued by the DoD on June 8, 2023. The event is closed to the media and will not be recorded.Read the AASF announcement: https://bit.ly/44o4apu . Register for the event: https://bit.ly/3E6Rs43 Back View PDF August 23, 2023 Previous Newsletter Next Newsletter

2. Policy Needs for U.S. Science and Scientists 2020-2022 China Initiative Wednesday, December 2, 2020 The second webinar in this series tackling the harms created by the Justice Department’s “China Initiative” will examine the policy reforms needed to protect U.S. science and scientists. Justice Department’s profiling of scientists of Chinese and Asian heritage and criminalizing administrative issues are unjust and discriminatory. It will explore how the Justice Department’sgovernment current actions conflict with existing national policies to promote and protect fundamental scientific research. The government’s over-zealous and xenophobic targeting of Asian American and Asian immigrant scientists particularly drive needed scientific talents away from our nation. Speakers will discuss how this racial targeting not only undermines the rights and welfare of many Americans, but also detrimentally impacts American research and enterprise. Our expert panel will discuss constructive policy ideas and changes to ensure U.S. research security and to protect the future of American science and innovation. Previous Item Next Item

Newsletter - #167 2/17 Webinar; CAPAC Statement; Community Call, Town Hall, Sign On; Media Reports #167 2/17 Webinar; CAPAC Statement; Community Call, Town Hall, Sign On; Media Reports In This Issue #167 A Call to Stop Senate Bill 147 and All Alien Land Laws Webinar CAPAC Statement and Congressional Bills Community Activities - Conference Call, Town Hall, Sign-on Letter Media Reports A Call to Stop Senate Bill 147 and All Alien Land Laws Webinar WHAT: Webinar titled "A Call to Stop SB 147 and All Alien Land Laws REGISTRATION: http://bit.ly/3jXSPv9 or scan QR code in poster above WHEN: Friday, February 17, 2023, starting at 5:00 pm ET/2:00 pm PT WHO: Opening Remarks Judy Chu 赵美心 , Chair, Congressional Asian Pacific American Caucus Panelists Gene Wu 吳元之 , Representative, Texas House of Representatives Jamal Abdi , President, National Iranian American Council (NIAC) David Donatti , Staff Attorney, the American Civil Liberties Union (ACLU) of Texas Clay Zhu 朱可亮 , Attorney and Co-Founder, Chinese American Legal Defense Alliance (CALDA) Moderator: Haipei Shue 薛海培 , President, United Chinese Americans (UCA) SPONSORS: 1882 Foundation , APA Justice , United Chinese Americans CONTACT: contact@apajustice.org if you have questions or comments CAPAC Statement and Congressional Bills Congressional Asian Pacific American Caucus (CAPAC). On February 15, 2023, CAPAC leadership issued a statement addressing efforts to restrict land and property ownership of foreign nationals from the People’s Republic of China, Russia, Iran, and North Korea: “As CAPAC’s leadership, we are incredibly concerned by efforts to restrict ownership of land and property by immigrants from the People’s Republic of China, Russia, Iran, and North Korea. While we do not oppose limitations on foreign state-owned enterprises, or on entities, companies, or individuals with ties to foreign governments, from making purchases of agricultural land or property, we staunchly object to any legislation—at the federal, state, or local level—that bans an individual from land or property ownership solely based on their country of origin. At this moment of heightened U.S.-China tensions and as we in Congress remain vigilant in protecting our national and economic security, CAPAC’s leadership will continue to raise our voices to ensure that we are not eroding the civil liberties of individuals in our communities. “What alarms us is the impact of anti-China fearmongering on Chinese immigrant communities and the erection of unfair barriers to their pursuit of the American Dream solely because of their country of origin. We speak out now as we have seen policies like this before in our nation’s history. Such policies targeted at individual citizens echo xenophobic alien land laws targeting Asian immigrants—in the 1800s, when anti-Chinese sentiment culminated in the Chinese Exclusion Act of 1882, or during World War II when tensions with Japan led to the stripping of land ownership rights from Japanese immigrants and the incarceration of 120,000 Japanese Americans. “No one should be prevented from getting a fair shot at building their lives here in America because of their country of origin. We are facing a pivotal moment in history and as we consider the impacts of our actions on Chinese immigrant and Chinese American communities, we urge our colleagues to be mindful of using rhetoric or writing legislation that would further discriminate against our community members. As our nation’s leaders navigate the increasingly complex U.S.-China relationship globally, we encourage nuance and clarity to ensure the rights of our communities domestically are not collateral damage.” PASS Act Introduced in U.S. Congress. On February 2, 2023, Congresswoman Elise Stefanik (R-NY), Congressman Rick Crawford (R-AR), Congressman Jim Costa (D-CA), Senator John Tester (D-MT), and Senator Mike Rounds (R-SD) are introducing the bipartisan Promoting Agriculture Safeguards and Security (PASS) Act, which will "protect our national security by preventing foreign adversaries from taking any ownership or control of the United States’ agricultural land and agricultural businesses." Read the announcement: http://bit.ly/3It9Gzw . Read the language of the bill: https://bit.ly/3IrFdSh Governing.com . THE FUTURE IN CONTEXT: How States Used Land Laws to Exclude and Displace Asian Americans . In the 19th and 20th centuries, more than a dozen states enacted legislation barring Asians from purchasing property. But immigrants and their families used the court system and legal loopholes to fight back. Community Activities - Conference Call, Town Hall, Sign-on Letter Advancing Justice | AAJC Convenes Conference Call. Given the rapidly moving and extraordinary work of community organizations pushing back on the xenophobic Texas Senate Bill 147, Advancing Justice | AAJC is organizing a call on Thursday, February 16th at 3pm CST (4pm EST) to hear from those who have been at the frontlines of this battle in Texas, including Texas State Representative Gene Wu 吳元之 , and others who have been monitoring the situation. The purpose of the call would be to give space to the local Texas organizations and leaders to speak to their efforts on SB 147 and what they think may be helpful from outside organizations; to ensure support from and coordination of efforts across organizations and groups outside Texas; to share resources that are available across local and national groups; and to identify next steps. Register here: http://bit.ly/3YLVJlO Town Hall Meeting in Plano, Texas On February 19, 2023, a Town Hall meeting will be convened at the Collin County Republican Party Headquarters to listen to the Asian American community's concern over the proposed Texas Senate Bills 147 and 552. Texas District 2 Senator Bob Hall (R), District 8 Senator Angela Paxton (R), and District 66 Rep. Matt Shaheen (R) are invited. Sign on Letter by Asian Texan for Justice Opposing SB 147. Asian Texan for Justice has prepared a letter opposing Texas Senate Bill 147 for sign-ons here: https://bit.ly/3KglxT3 . Questions or concerns should be directed to info@asiantexansforjustice.org Media Reports On February 14, 2023, BBC News 中文 reported on "美國德州擬禁華人買房 華裔遊行抗議稱「美國夢碎」." https://bbc.in/3YAdODA On February 13, 2023, South China Morning Post reported on "Citing security risks, US states move to bar Chinese land purchases and projects with China ties." Virginia governor nixes a US$3.5 billion battery plant, and 2,500 new jobs for his state, because Ford Motors has a Chinese partner on the project. Legislative bans on Chinese land ownership, and in some cases even real estate, are pending in three states, and others have limited farmland purchases. https://bit.ly/3E5vui6 On February 11, 2023, Click2Houston reported on "Asian American community members and elected officials speak out against Senate Bill 147." https://bit.ly/3YsAkOv On February 9, 2023, USA Today reported on "Spy fears spark flurry of proposed laws aiming to ban Chinese land ownership." http://bit.ly/3I8u6wg On February 7, 2023, New York Times reported on "How U.S.-China Tensions Could Affect Who Buys the House Next Door." https://nyti.ms/40IuVEq On February 7, 2023, 纽约时报中文网 : " 美中关系阴影难消，得州拟禁止中国公民及企业买房购地." https://nyti.ms/40XETCb On February 7, 2023, 紐約時報中文網 : " 美中關係陰影難消，得州擬禁止中國公民及企業買房購地 ." https://nyti.ms/3EbqNmW 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 16, 2023 Previous Newsletter Next Newsletter

Newsletter - #401 SCOTUS/APAs Reaffirm Birthright Citizenship; Reporter Herridge Contempt Fine Stands; + #401 SCOTUS/APAs Reaffirm Birthright Citizenship; Reporter Herridge Contempt Fine Stands; + In This Issue #401 · Supreme Court Reaffirms Birthright Citizenship · Asian Pacific Americans on Birthright Citizenship · Supreme Court Lets Herridge Contempt Fine Stand · News and Activities for the Communities Supreme Court Reaffirms Birthright Citizenship On July 7, 2026, ACLU hosted a Town Hall covering the Supreme Court's rulings in landmark civil rights cases, particularly the birthright citizenship case, Barbara v Trump . The event was moderated by Michael Popok , Legal AF Podcast and YouTube Channel Founder. Watch the ACLU Town Hall video at: https://www.youtube.com/live/Bd6bqyDnBc0 (1:00:49). Trump's Executive Order On his first day back in office, President Donald Trump issued an executive order targeting birthright citizenship, aiming to deny citizenship to children born on U.S. soil under certain circumstances — a policy long confined to fringe circles before this administration adopted it. ACLU's Response Anthony Romero , ACLU Executive Director, explained the ACLU had anticipated this move for months, having taken Trump's campaign-trail threats to birthright citizenship seriously well before inauguration. The organization did the legal groundwork in advance — research, identifying clients, choosing venue — so that when the order was signed on Martin Luther King Day, a federal holiday, the ACLU filed suit within two hours. Cecillia Wang , ACLU National Legal Director, noted the ACLU's opposition actually traces back further, to when it began pushing back on similar fringe proposals surfacing in state legislatures in the late 2000s and early 2010s. Oral Argument Wang argued the case before the Court on April 1, 2026. She described three levels of stakes she carried into arguments: the roughly 250,000 U.S.-born children who could have lost citizenship in the order's first year (some potentially left stateless); the precedent of a president unilaterally reinterpreting the 14th Amendment, raising fears about who might be targeted next; and the historical weight of the citizenship clause, whose legacy includes free Black Americans who fought for it to cover everyone born in the country, not only formerly enslaved people. Notably, she said the argument stayed accessible to ordinary Americans rather than diving into arcane legal history, since the real audience extended beyond the nine justices. Romero, seated a row behind Trump at the argument, described the president growing visibly anxious as questioning began — contradicting reports that he left before Wang's argument concluded. Supreme Court Ruling On June 30, 2026, the Court ruled 6-3 to block the order, with five justices ruling on constitutional grounds and Justice Brett Kavanaugh concurring on statutory grounds. The panel called it a definitive rebuke of one of Trump's signature first-day initiatives, made more notable because two of Trump's three Supreme Court appointees — Justice Amy Coney Barrett , who joined the constitutional majority, and Justice Brett Kavanaugh , who supplied the decisive sixth vote on statutory grounds — ruled against him, while his first appointee, Justice Neil Gorsuch , dissented. Broader Advocacy Context Deirdre Schifeling , ACLU Chief Political & Advocacy Officer, tied the win to a wider organizing push: protests that pressured the administration into pulling ICE agents out of Minneapolis after the killings of protesters; a "Firewall for Freedom" campaign that has helped pass 145 state and local protections since Trump's inauguration (about half related to immigrant rights, including bans on ICE–local police coordination); and polling showing 61% of Americans disapprove of Trump's immigration approach and 66% have little to no confidence in ICE. She also noted a separate, less favorable Supreme Court ruling permitting termination of Temporary Protected Status for 17 countries, affecting more than 1.3 million people, and pointed to the National TPS Alliance's ongoing organizing on that front. Public Messaging Romero described a multimillion-dollar ad campaign built around Bruce Springsteen 's "Born in the USA" (rights granted by Springsteen and his manager Jon Landau ), targeted at audiences including Fox News viewers and areas like Mar-a-Lago, run during oral arguments and again after the ruling. The strategy paired courtroom litigation with what Romero called the "courts of public opinion," aiming to keep the issue alive with the public through the July 4th period and potentially beyond, depending on whether Trump keeps raising it politically. Closing Note from Forum Wang cautioned against reading the win as reason for complacency: rights remain vulnerable, as shown by the fact that a once-fringe policy reached the Supreme Court at all. She pointed to 134 immigration-related lawsuits the ACLU has filed against the Trump administration since his second term began as evidence the broader fight continues, framing the birthright win as proof that collective action can succeed — not as a signal that the underlying threats have subsided. Closing Note on Supreme Court Decision The Supreme Court actually reported both a 6-3 and a 5-4 vote because of a narrow split in legal reasoning: The 5-4 Constitutional Vote: Five justices (Chief Justice John Roberts alongside Justices Sonia Sotomayor, Elena Kagan, Amy Coney Barrett, and Ketanji Brown Jackson) ruled that the executive order violated the Citizenship Clause of the 14th Amendment. The 6-3 Overall Vote: Justice Brett Kavanaugh agreed that the policy was unlawful and struck down the order, but he did so based on federal statute (immigration laws from the 1950s) rather than the Constitution itself. Because he joined the majority to invalidate the policy, the total vote against the order was 6-3. This discrepancy is politically and legally significant because constitutional rulings are very difficult to change, whereas Kavanaugh's statutory approach leaves the door open for future Congresses to alter birthright citizenship through legislation. Read more about this legal analysis at SCOTUSblog . Asian Pacific Americans on Birthright Citizenship Asian Pacific American (APA) groups are central to the defense of birthright citizenship, anchoring their advocacy in the landmark 1898 Wong Kim Ark Supreme Court case. Legal Teams and Lawsuits The Asian Law Caucus (ALC) served as part of the core litigation team alongside the ACLU and the NAACP Legal Defense Fund in Barbara v Trump . ALC explicitly utilized local history involving Wong Kim Ark in San Francisco’s Chinatown to frame the national debate. They positioned the 2026 legal fight as a direct continuation of the historic 1898 United States v. Wong Kim Ark case, reminding the public and the courts that Asian Americans have historically fought for and secured automatic citizenship for all children born on U.S. soil. ALC spearheaded The American Promise: Defending Birthright Citizenship campaign, uniting more than 200 civil rights, labor, and immigrant advocate organizations nationwide to build a unified front against the policy. ALC also focused on cross-community education, producing multi-lingual Know Your Rights toolkits (available in English, Chinese, Spanish, and Korean) and hosted nationwide digital rallies to explain how the policy threatened not just undocumented families, but also temporary workers, student visa holders, and asylum seekers. OCA also filed a lawsuit regarding birthright citizenship on behalf of its members, which included pregnant women residing in the U.S. on lawful temporary visas whose future children were threatened with the denial of birthright citizenship under the executive order. Asian Americans Advancing Justice – AAJC and the Washington Lawyers' Committee for Civil Rights and Urban Affairs (WLC) served as the attorney organizations representing OCA. The legal action, titled OCA – Asian Pacific American Advocates v. Rubio , was filed in the U.S. District Court for the District of Columbia. Following initial filings, AAJC and WLC amended the complaint to proceed as a nationwide class action to protect all immigrant families facing similar threats. The outcome of OCA's lawsuit was entirely decided by the Supreme Court's ruling. Congressional Asian Pacific American Caucus (CAPAC) The Congressional Asian Pacific American Caucus (CAPAC) played a leading legislative, public oversight, and political role in defending birthright citizenship against the January 2025 executive order. CAPAC coordinated closely with the Congressional Black Caucus (CBC) and the Congressional Hispanic Caucus (CHC) to block any legislative attempts to codify changes to birthright citizenship, ensuring that efforts to alter the policy lacked a legislative path forward. CAPAC Chair Grace Meng co-led a bicameral amicus brief in the landmark case Barbara v Trump , filed by the House Litigation Task Force on behalf of 216 House and Senate Democrats. The brief provided the Supreme Court with exhaustive legislative history and intent behind the Fourteenth Amendment, arguing that the executive branch had unconstitutionally usurped Congress's exclusive authority over naturalization and citizenship laws. CAPAC used its platform to highlight how the executive order targeted legal immigrant communities. They held press conferences and committee hearings emphasizing that the policy directly harmed hundreds of thousands of South Asian and East Asian families caught in decades-long employment-based visa backlogs, whose U.S.-born children would have faced immediate statelessness. The CAPAC community statement summarized the victory with a simple, unifying declaration: “If you are born in America, you are American... We are American, we belong here, and we are not going anywhere!” Additional Asian Pacific American Advocacy Beyond the core litigation and congressional efforts, APA advocacy extended into the bar community, family legacy, and grassroots organizing. The National Asian Pacific American Bar Association (NAPABA) led a broad coalition of legal organizations defending birthright citizenship before the Supreme Court, filing supportive briefs and public statements throughout 2026. NAPABA's advocacy drew explicitly on the era of Chinese Exclusion, noting that over 7,000 habeas petitions were filed by Chinese migrants during that period, with several cases reaching the Supreme Court — Wong Kim Ark's among them, and the one that ultimately secured birthright citizenship for all persons born in the United States. NAPABA also built coalition ties with affiliate bar groups, including the National Korean American Bar Association and Chinese American Lawyers associations, reinforcing a pan-Asian legal front. The Wong Kim Ark family itself became an unexpected public face of the movement. Norman Wong , the 76-year-old great-grandson of Wong Kim Ark, began giving speeches and interviews starting in January 2025, shortly after Trump's executive order was issued. Following the ruling, Wong told the Associated Press he saw the decision as "an obligation and a duty for every American to care about," not a personal or ethnic victory, framing it as safeguarding rights "for every American." His family members echoed this in interviews with the New York Times and Newsweek, with descendant Sandra Wong noting the ruling validated a principle her great-grandfather secured 128 years earlier, and describing anticipated celebration in San Francisco's Chinatown. APIAVote actively defends birthright citizenship by organizing legal advocacy, public education, and coalition efforts to protect the 14th Amendment. Its initiatives include legal advocacy and Supreme Court engagement including filing Amicus briefs, leveraging historical precedent on the landmark 1898 ruling United States v. Wong Kim Ark, and mobilizing public rallies outside the Supreme Court during oral arguments, and public education and grassroots awareness including educational webinars, storytelling campaigns highlighting AAPI family testimonies, dissemination of comprehensive timelines and media & community mobilization. Dozens of Asian Pacific American organizations joined Asian American Legal Defense and Education Fund's (AALDEF) filing an amicus brief to defend birthright citizenship. Taken together, the Barbara v Trump ruling stands as both a constitutional victory and a reminder of a long, often overlooked lineage: Asian Pacific American communities and legal advocates have shaped the meaning of birthright citizenship since Wong Kim Ark first carried that fight to the Supreme Court in 1898. From ACLU's courtroom strategy to the Asian Law Caucus's coalition-building, CAPAC's legislative oversight, NAPABA's bar-wide mobilization, APIAVote's grassroots organizing, and the Wong family's own public advocacy, this decision reflects the sustained work of many organizations and individuals across generations. As Cecillia Wang and others cautioned, the ruling protects a fundamental promise for now — but the fight to defend it, and the coalitions built to do so, will likely be tested again. Supreme Court Lets Herridge Contempt Fine Stand On July 2, 2026, the Supreme Court declined to block an $800-per-day contempt fine against journalist Catherine Herridge , who has refused to reveal the confidential source or sources behind her 2017 Fox News reporting on Dr. Yanping Chen 陈燕平 , a Chinese American investigated — but never charged — by the FBI. The Court's order gave no explanation, as is typical for emergency applications, but noted that Justice Brett Kavanaugh alone would have granted Herridge's request to stay the fine. Background of the Case Chen, a naturalized U.S. citizen, founded the University of Management and Technology in Arlington, Virginia, a school that drew significant enrollment from Pentagon and military personnel. Herridge's 2017 reporting examined Chen's alleged ties to the Chinese military and raised questions about whether the school was being used to gather information on U.S. servicemembers on Beijing's behalf. The underlying FBI investigation into Chen lasted six years and resulted in no charges. In 2018, Chen sued the FBI and Justice Department, alleging that a federal official violated the Privacy Act by leaking protected information about her — including FBI interview summaries, personal photographs, and immigration records — to Herridge. Chen has said the ensuing coverage upended her personal and professional life and exposed her to hate mail and death threats. When document demands and depositions in Chen's suit failed to identify the leaker, her attorneys subpoenaed Herridge directly. Herridge sat for a deposition but declined to name her source, invoking a qualified reporter's privilege recognized in the D.C. Circuit and other courts. U.S. District Judge Christopher Cooper ruled in August 2024 that Chen's need for the information outweighed that privilege, and Herridge was later held in civil contempt, triggering the daily fine once an appeals panel upheld the order. Chief Justice John Roberts briefly paused the fine while the full Court considered Herridge's emergency application; SCOTUS’s July 2 order lifted that pause. Herridge's legal team has signaled plans to file a separate, more substantive petition asking the Court to review the underlying ruling — a filing that would be considered independently of the emergency application rejected on July 2. The Reporters Committee for Freedom of the Press filed an amicus brief on Herridge's behalf, and former Solicitor General Paul Clement has since joined her legal team — a sign, as one report put it, that this fight is unlikely to be over. On July 29, 2024, APA Justice joined Asian American Legal Defense and Education Fund (AALDEF) and a coalition of eleven organizations in filing a 43-page amicus brief with the D.C. Circuit Court of Appeals in support of Dr. Chen, addressing the role of racial prejudice and negative stereotyping of Asian Americans in the government's handling of her case. The Parallel to Dr. Wen Ho Lee The Chen case closely mirrors the Dr. Wen Ho Lee 李文和 case of the late 1990s and early 2000s, a case well known within APA advocacy circles. Lee, a Taiwanese-American scientist at Los Alamos National Laboratory, was publicly suspected of spying for China amid intense media coverage and held in solitary confinement for roughly nine months. He was ultimately never convicted of espionage — pleading guilty only to a single count of mishandling classified data, with the remaining 58 counts dismissed. The federal judge overseeing his case took the unusual step of apologizing to Lee from the bench for his treatment by the government. Like Chen, Lee subsequently pursued Privacy Act claims against the government, alleging that officials had unlawfully leaked information about him to reporters at multiple outlets, fueling coverage that branded him a spy before any charges were filed. And as in the Herridge dispute, several journalists who covered Lee's case were held in contempt for refusing to identify their government sources; that dispute was ultimately resolved when Lee's case settled, with a group of news organizations contributing to a payment to Lee in exchange for the contempt findings against their reporters being lifted. The Common Thread Both cases involve Chinese American scientists whose reputations were damaged by leaked, unverified suspicions of espionage, followed by Privacy Act litigation aimed at identifying the government officials responsible for the leaks — placing reporters in the crossfire between source protection and a plaintiff's right, under federal law, to learn who violated their privacy. Press freedom advocates have raised similar concerns in both instances: that forcing journalists to disclose sources under threat of contempt could deter future whistleblowers from coming forward, particularly in cases touching on national security. At the same time, advocates for Chen and, previously, for Lee have argued that individuals wrongly suspected of disloyalty on the basis of their ethnicity and national origin deserve a real path to accountability — one that depends on knowing who inside the government leaked their information in the first place. The Herridge case suggests these tensions — between reporter's privilege and the rights of individuals harmed by government leaks, playing out against a backdrop of national-security suspicion toward Chinese American professionals — remain very much unresolved a quarter-century after Dr. Wen Ho Lee's ordeal. Read the APA Justice summary of Dr. Yanping Chen’s case: https://bit.ly/4wB5MuL News and Activities for the Communities 1. APA Justice Community Calendar Upcoming Events: 2026/08/03 APA Justice Monthly Meeting 2026/08/05 C100: The Impact of AI on Asian American Careers in Technology 2026/08/07-09 AASF: Asian American Pioneer Medal Symposium and Ceremony 2026/08/26 C100: An Advice and Networking Event (Technology)Visit https://bit.ly/3XD61qV for event details. 2. C100: The Impact of AI on Asian American Careers in Technology WHAT : The Impact of AI on Asian American Careers in Technology WHEN : August 5, 2026, 6:00-7:00 pm ET WHERE : Webinar HOST : Committee of 100 Moderator : Peter Young , Chair of the Conversations Initiative and Committee of 100 New York Regional Chair and Board Member Speakers: · Buck Gee , Executive Advisor, Ascend · Deb Liu , Co-Founder, Ember AI and former CEO, Ancestry.com DESCRIPTION: With the rapid advancement and implementation of AI in industry and society, one of the issues on the minds of everyone is what the impact will be of AI on careers and, in particular, for careers in technology and for Asian Americans. Where will jobs be lost and will there be job creation? Will the nature of job tasks change and in what way? Will this affect the way one plans your career? Will AI make Asian American Career Ceilings worse or just different? The panelists are veterans in the technology industry and have either just recently left the industry or have done extensive research work related to Asian American careers in industry. They will use their experience and knowledge to shed light on this challenging topic. REGISTRATION : https://c100-8-5-2026.eventbrite.com 3. C100: An Advice and Networking Event (Technology) WHAT : An Advice and Networking Event (Technology) WHEN : August 26, 2026, 6:00-7:15 pm ET WHERE : Webinar HOST : Committee of 100 Moderator : Peter Young , Chair of the Conversations Initiative and Committee of 100 New York Regional Chair and Board Member DESCRIPTION: This is the 60th event organized by the Committee of 100 Asian American Career Ceilings Initiative. The virtual event will enable Asian Americans who are in the early to mid-stages of their careers to get valuable advice from experienced and successful Asian Americans in the technology industry. The event will start with welcoming comments and introduction to the advisors, followed by virtual breakout rooms where the experienced Asian American advisors will host individual breakout rooms that attendees can join. The attendees will have a list of the experienced advisors in advance and will be able to choose which breakout rooms they want to visit to get career advice and to ask questions. The attendees will be able to move from room to room as they wish. REGISTRATION : https://c100-8-26-2026.eventbrite.com # # # APA Justice Task Force is a non-partisan platform to build a sustainable ecosystem that addresses racial profiling concerns and to facilitate, inform, and advocate on selected issues related to justice and fairness for the Asian Pacific American community. For more information, please refer to the APA Justice website at www.apajusticetaskforce.org . We value your feedback. Please send your comments to contact@apajustice.org . Back View PDF July 13, 2026 Previous Newsletter Next Newsletter

Newsletter - #57 Heritage Month Activities; Goverment's Own Bias; Yellow Whistle Campaign Grows #57 Heritage Month Activities; Goverment's Own Bias; Yellow Whistle Campaign Grows Back View PDF April 30, 2021 Previous Newsletter Next Newsletter

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