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Newsletter - #78 Letter To Judge To Dismiss Hu Case; Stats On "China Initiative;" OSTP Statement; More #78 Letter To Judge To Dismiss Hu Case; Stats On "China Initiative;" OSTP Statement; More Back View PDF August 18, 2021 Previous Newsletter Next Newsletter

Three major scientific organizations voiced concerns about racial profiling by publishing an open letter titled "Racial Profiling Harms Science." March 21, 2019 Three major scientific organizations took leadership in voicing its concerns about racial profiling by publishing an open letter titled " Racial Profiling Harms Science " in Science on March 21, 2019. The Society of Chinese Bioscientists in America (SCBA, 美洲华人生物科学学会), The Chinese American Hematologist and Oncologist Network (CAHON, 美国华裔血液及肿瘤专家学会), and The Chinese Biological Investigators Society (CBIS, 华人生物学者教授学会) represent the largest and a rapidly growing professional group for scientists, mostly of Chinese descent, in many biomedical disciplines. The letter expresses concerns about the recent political rhetoric and policies that single out students and scholars of Chinese descent working in the United States as threats to U.S. national interests. It also received a response led by NIH Director Dr. Francis S. Collins, which pledged that "NIH is committed to avoiding overreaction, stigmatization, harassment, and profiling. We will use our influence and bully pulpit as necessary to speak out against such prejudicial actions, for which there is no place in the biomedical research community." Three major scientific organizations voiced concerns about racial profiling by publishing an open letter titled "Racial Profiling Harms Science." Previous Next Major Scientific Organizations Voice Concerns About Racial Profiling

Texas state representatives are attempting to stop foreign governments from purchasing Texas agricultural land. January 23, 2023 On January 23, 2023, Texas Representative Angie Chen Button 陳筱玲 announnced that she has joined State Representatives Cody Harris and Jacey Jetton in support of House Bill 1075 , recently filed legislation that would prohibit foreign governments or any entity owned or controlled by a foreign government from purchasing agricultural land in Texas. "Like so many other Texans who immigrated here for a better life, I came to America because it afforded me new opportunities, including the right to own property and freely purchase a safe and stable home in which to rase my family. This is a right that all Texans, regardless of race, color, or creed, should have," stated State Representative Angie Chen Button. Under HB 1075 by Rep. Harris, all individuals and American-owned businesses will maintain their right to purchase ag property in the State of Texas. As filed, the legislation applies to all foreign governments or government-controlled entities equally. On January 23, 2023, Texas Senate Bill 552 was introduced. The title of the bill is "Relating to prohibiting contracts or other agreements with certain foreign-owned companies in connection with agricultural land." Texas state representatives are attempting to stop foreign governments from purchasing Texas agricultural land. Previous Next Texas House Bill 1075 and Senate Bill 552

Newsletter - #227 1/8 Monthly Meeting; Justice4All; "China Spy"; Repeal of Chinese Exclusion Act; + #227 1/8 Monthly Meeting; Justice4All; "China Spy"; Repeal of Chinese Exclusion Act; + In This Issue #227 · 2024/01/08 APA Justice Monthly Meeting · Justice4All Protest in Miami - A Call for Unity Against Racism · Asian American Officials Cite Unfair Scrutiny and Lost Jobs in China Spy Tensions · White House Statement on Repeal of Chinese Exclusion Act · News and Activities for the Communities 2024/01/08 APA Justice Monthly Meeting The next APA Justice monthly meeting will be held via Zoom on Monday, January 8, 2023, starting at 1:55 pm ET. In addition to updates by Joanna Derman , Director, Advancing Justice | AAJC and Gisela Perez Kusakawa , Executive Director, Asian American Scholar Forum (AASF), confirmed and invited speakers include: · Rep. Judy Chu 赵美心, Chair of the Congressional Asian Pacific American Caucus, to kick off the New Year with us by reviewing 2023 and looking to what is ahead in 2024. · Haipei Shue 薛海培, President, United Chinese Americans (UCA), Hongwei Shang 商红伟, and Echo King 金美声, Co-Founders of Florida Asian American Justice Alliance (FAAJA) to give us a report on the December 16 Justice4All protest in Miami. · Ted Gong, Executive Director of the 1882 Foundation, will introduce the 1882 Project, 1882 Foundation, and its upcoming activities in 2024, and Martin Gold , Pro Bono Counsel, 1882 Project; Partner, Capitol Counsel, LLC, on a future lecture. · Dr. Yawei Liu 刘亚伟, Senior Advisor, China Focus, Carter Center to introduce us to the China Focus at the Carter Center and the upcoming Conference for the 45th Anniversary of U.S.-China Relations in Atlanta. The 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 . Justice4All Protest in Miami - A Call for Unity Against Racism December 16, 2023, was a stormy day in Miami, but hundreds from the state of Florida and across the nation gathered at The Torch of Friendship to protest the unfair legislation of SB264 and SB846. SB 264 was passed by the Florida legislature and signed into law by Governor Ron DeSantis, marking a troubling return to discriminatory policies reminiscent of the Chinese Exclusion Act. It unfairly restricts most Chinese citizens — and most citizens of Cuba, Venezuela, Syria, Iran, Russia, and North Korea — from purchasing homes in the state. SB 264 has raised significant concerns. Violations of the ban could result in severe civil and criminal penalties, including imprisonment of up to 5 years. Moreover, SB 264 mandates property registration, threatening law-abiding, taxpaying AAPI community members with an unprecedented and unreasonable penalty of $1,000 per day if their properties remain unregistered by December 31st, 2023. A lawsuit has been filed in the Northern District Court of Florida, arguing that SB 264 codifies and expands housing discrimination against people of Asian descent in violation of the Constitution and the Fair Housing Act. SB 846 put a roadblock in the path of Florida's public universities hiring Chinese graduate students and postdocs, which has sparked serious concerns among Florida’s academicians.Both state laws remind the communities of the era of the Chinese Exclusion Act when Chinese Americans and Asian Americans were subject to decades of discrimination and denied their lawful and constitutional rights. Leaders of the Chinese American community from across the country actively participated in this event, delivering inspirational speeches. Prominent figures included Congresswoman Judy Chu , former presidential candidate Andrew Yang , Texas State Representative Gene Wu , UCA President Haipei Shue , Co-founder of CALDA (Chinese American Legal Defense Alliance) attorney Clay Zhu , and North Miami Beach City Commissioner candidate Lynn Su . In addition, representatives from many organizations such as CASEC (The Chinese Association of Science, Education and Culture of South Florida), FAAJA (Florida Asian American Justice Alliance), The Yick Wo Institution, NAACP (The National Association for the Advancement of Colored People), LULAC (The League of United Latin American Citizens), and ACLU (The American Civil Liberties Union), lent their voices to the cause. The rally also saw strong support from African American, Indian American, Caribbean, Jewish, Cuban and other Hispanic communities, as well as professors from Florida’s public universities such as University of Florida, Florida State University, and Florida International University. Despite adverse weather conditions, impassioned speeches resonated through the crowd, delivering a clear and unified message: Florida must reject the echoes of a new Chinese Exclusion Act. The rally opened and closed with a powerful group sing-along of the civil rights anthem "We Shall Overcome," symbolizing the collective strength and determination of Chinese Americans to overcome adversity.Visit the FAAJA website at https://www.faaja.org/ and read a press statement by The North American Economic Herald Media Group: https://prn.to/3H27hdt Asian American Officials Cite Unfair Scrutiny and Lost Jobs in China Spy Tensions According to the New York Times on December 31, 2023, national security employees with ties to Asia say U.S. counterintelligence officers wrongly regard them as potential spies and ban them from jobs.When Thomas Wong set foot in the United States Embassy in Beijing this summer for a new diplomatic posting, it was vindication after years of battling the State Department over a perceived intelligence threat — himself.Wong, a U.S. diplomat, faced a ban from working in China due to alleged concerns of foreign influence and preference. With a background in Chinese language and experience in the military, Wong aimed to contribute significantly to U.S.-China relations. However, he discovered that numerous Asian American diplomats encountered similar restrictions based on vague reasons provided during the security clearance process. This issue extends beyond the State Department, affecting various U.S. government agencies involved in national security and foreign policy. Employees with ties to Asia, regardless of their relevance, feel unfairly targeted by U.S. counterintelligence, limiting their potential contributions in crucial diplomatic, intelligence, and security roles.The concerns, notably raised by Asian American diplomats, led to bipartisan legislation attempting to address the problem. The military spending bill of December 14 includes language pushed by Representative Ted Lieu , Democrat of California, intended to make the department more transparent in its assignment restriction and review processes. While there have been instances of bans being reversed, many State Department employees still face restrictions without clear explanations. Additionally, counterintelligence officers can recommend bans based on investigations into job offers from countries deemed intelligence threats.The situation highlights the debate between addressing security risks and utilizing individuals with valuable language skills and cultural backgrounds to serve national interests. Despite some reversals, the issue of restrictive bans for government employees with Asian connections remains a point of contention within U.S. national security agencies. The New York Times report highlights instances of discrimination and suspicion faced by FBI counterintelligence officers due to their Chinese background. This issue has been exacerbated by concerns about Chinese espionage, leading to the establishment of the Justice Department's "China Initiative." This initiative involved investigating numerous ethnic Chinese scientists, often resulting in charges that were eventually dropped, causing harm to their careers and reputations. Despite the closure of the "China Initiative" in 2022, similar processes within national security agencies, occurring within secretive security clearance and assignment vetting, continue to impact individuals.Critics argue that the scrutiny faced by individuals with ties to China is unjustified, citing demographic shifts in the American population and emphasizing that having family in China does not inherently make someone susceptible to becoming a Chinese intelligence asset. However, some officials defend these security clearance denials or job restrictions, citing concerns about the Chinese government pressuring foreign citizens by targeting their family members in China.Legislation in 2021 revealed that the State Department had imposed the most restrictions for postings in China, followed by Russia, Taiwan, and Israel. The State Department refutes claims of discrimination, emphasizing adherence to guidelines from the Office of the Director of National Intelligence and outlined criteria in the Foreign Affairs Manual. While there are senior Asian American officials in various U.S. agencies, concerns persist among Asian American employees regarding the ongoing suspicion and challenges they face due to their backgrounds.The passage underscores the persistent concerns of Asian American government employees, highlighted by Representative Andy Kim 's experience of being barred from work on Korean Peninsula issues, which he found disrespectful and humiliating. Many federal agencies conduct internal investigations without informing employees, such as the FBI's unit performing polygraph tests and potentially recommending security clearance revocation. At the State Department, background checks determine whether to impose assignment restrictions on diplomats.The security clearance process for officials is rigorous and intrusive, involving scrutiny of personal relationships, financial history, and more. Recent concerns about China's espionage have elevated the standards for clearance. Documents from the Defense Department show increasingly detailed assessments of China's spying efforts in the vetting of security clearances for federal contractors over the past two decades. In 2021, a Senate committee report exposed the Commerce Department's security unit for unlawfully investigating Chinese American employees like Sherry Chen . The report characterized the unit as a "rogue, unaccountable police force" that disproportionately targeted offices with high proportions of Asian American employees.Even government officers involved in China counterintelligence face suspicion from security officials due to their background, unfairly marking them as potential spies. Chris Wang , an FBI counterintelligence analyst, was placed in a surveillance program called PARM upon joining, subjecting him to extensive scrutiny of contacts, travel, and computer use. Despite his training and background, which included Chinese martial arts and study in Shanghai, he faced heightened suspicion due to his associations. Another former FBI officer, Jason Lee , is suing the agency for discrimination, citing instances where his familial ties were wrongly construed as evidence of espionage.Both Wang and Lee highlighted the challenges Chinese Americans face due to the stigma surrounding China, which often leads to unwarranted suspicions even when their connections are innocent. While the FBI asserted its commitment to fair polygraph tests and diversity, these cases shed light on the complexities and biases Chinese American employees encounter within security units.At the State Department, a group representing Asian American employees has been advocating for reforms to address assignment restrictions. Since 2016, legislation has been introduced to drive changes in this regard.While some diplomats, like Yuki Kondo-Shah , have successfully challenged assignment restrictions, there are ongoing concerns despite Secretary Antony Blinken 's recent announcement of relaxed restrictions. Specifically, the provision known as assignment review allows counterintelligence officers to recommend bans after investigating employees offered posts deemed to have special intelligence threats, extending beyond China to countries like Russia, Vietnam, and Israel. Tina Wong , a vice president of the U.S. Foreign Service union, highlights the problematic nature of this provision. Stallion Yang , another diplomat, gathered data for the Asian American Foreign Affairs Association, revealing prolonged investigations for employees with ties to Asia. While the State Department responded, stating only a few investigations led to rejection, diplomats argue that this overlooks cases where employees left due to extended investigations.Moreover, aspiring diplomats like Ruiqi Zheng , a China-born American, faced challenges securing security clearance due to ties abroad, ultimately being rejected after a nearly two-year process. Despite aspirations and selective fellowships, individuals like Zheng encountered barriers due to their backgrounds, reflecting ongoing challenges faced by foreign-born Chinese Americans within the State Department's security clearance process.Read the New York Times report: https://nyti.ms/48FthXl . Read the case of Dr. Wei Su 苏炜: https://bit.ly/2E13gZU White House Statement on Repeal of Chinese Exclusion Act On December 17, 2023, President Joe Biden issued the following statement on the 80th anniversary of the repeal of the Chinese Exclusion Act:"Our nation was founded on the fundamental idea that we are created equal and deserve to be treated equally. But for 61 years, the Chinese Exclusion Act failed to live up to that promise. It weaponized our immigration system to discriminate against an entire ethnic group and was followed by further discrimination against many in Europe and all of Asia. The Act, along with racism and xenophobia in other parts of American life, was part of the anti-Chinese 'Driving Out' era which included the Rock Springs and Hells Canyon massacres. In 1943, the Chinese Exclusion Act was repealed and it was followed by laws that led to an immigration system that better reflected our values as a nation of immigrants. "On this anniversary, we remember those whose lives, families, and communities were irreparably harmed. We remember the brave and diverse voices – from Frederick Douglass to Blanche Bruce to Pearl Buck to the American Jewish Committee and so many others – who spoke up in solidarity against that Act and demanded a fairer and more just immigration system. And we recognize that despite the progress we have made, hate never goes away. It only hides. Today, there are those who still demonize immigrants and fan the flames of intolerance. It’s wrong. I ran for President to restore the soul of America. To bring people together and make sure we give hate no safe harbor. To celebrate the diversity that is our country’s strength. "For generations, people of Chinese heritage have enriched our country – from Chinese laborers who did backbreaking work to build the transcontinental railroad in the 1800s to the Chinese Americans who serve in our military, to the authors, artists, scientists, entrepreneurs, and scholars of today. We honor them, and all immigrants, who continue to make extraordinary contributions to our nation."Read the White House stateme nt at https://bit.ly/48tXKrG News and Activities for the Communities 1. APA Justice Community Calendar Upcoming Events: 2024/01/07 Rep. Gene Wu's Town Hall Meeting 2024/01/08 APA Justice Monthly Meeting 2024/01/09 The Jimmy Carter Forum on US-China Relations in Honor of 45th Anniversary of Normalization 2024/02/04 Rep. Gene Wu's Town Hall Meeting 2024/02/05 APA Justice Monthly Meeting Back View PDF January 2, 2024 Previous Newsletter Next Newsletter

Newsletter - #91 Rep. Lieu Questions AG; Letter to AG; 11/01 Meeting; New Red Scare; UTK; More #91 Rep. Lieu Questions AG; Letter to AG; 11/01 Meeting; New Red Scare; UTK; More Back View PDF October 25, 2021 Previous Newsletter Next Newsletter

Newsletter - #218 GSRA Makes Sweeping Section 702 Reforms; APEC Summit; Proposed H1-B Rule Change; More #218 GSRA Makes Sweeping Section 702 Reforms; APEC Summit; Proposed H1-B Rule Change; More In This Issue #218 · GSRA Introduced to Make Sweeping Section 702 Reforms · APEC Summit in San Francisco on November 11-17 · DHS Issues Proposed Rule to Modernize the H-1B Specialty Occupation Worker Program · News and Activities for the Communities GSRA Introduced to Make Sweeping Section 702 Reforms According to multiple media reports and statements, a bipartisan, bicameral bill was introduced on November 7, 2023, by Sen. Ron Wyden (D-OR), Sen. Mike Lee (R-UT), Rep. Warren Davidson (R-OH), and Rep. Zoe Lofgren (D-CA) that would rein in the U.S. surveillance state and significantly reform the laws the government uses to warrantlessly spy on Americans — including Section 702 of the Foreign Intelligence Surveillance Act (FISA). Known as The Government Surveillance Reform Act (GSRA), the 206-page bill would reauthorize Section 702 for four years.The legislation is cosponsored by Senators Tammy Baldwin , D-Wisc., Steve Daines , R-Mont., Mazie Hirono , D-Hawaii, Cynthia Lummis , R-Wy., Jon Tester , D-Mont., Elizabeth Warren , D-Mass., and Edward Markey , D-Mass.In the House, the bill is cosponsored by Reps. Andy Biggs , R-Ariz., Rep. Pramila Jayapal , D-Wash., Thomas Massie , R-Ky., Rep. Sara Jacobs , D-Calif., Rep. Nancy Mace , R-S.C., Rep. Judy Chu , D-Calif., Rep. Lloyd Doggett , D-Texas, Rep. Barbara Lee , D-Calif., Rep. Lou Correa, D-Calif., and Rep. Ted Lieu , D-Calif. The bill’s reforms include: · Protecting Americans from warrantless backdoor searches, ensuring that foreigners aren’t targeted as a pretext for spying on the Americans with whom they are communicating, and prohibiting the collection of domestic communications. · Extending similar reforms to surveillance activities under Executive Order 12333, including by limiting warrantless searches of Americans’ communications and prohibiting the targeting of foreigners as a pretext for surveilling Americans. It also limits the acquisition of Americans’ information as part of large datasets. · Requiring warrants for surveillance of Americans’ location data, web browsing and search records, including AI assistants like Alexa and Siri, vehicle data and by prohibiting the government from purchasing Americans’ data from data brokers. · Exceptions to ensure the government can continue to use Section 702 for defensive cybersecurity purposes, to assist in locating and rescuing hostages overseas and emergency provisions in cases where there isn’t sufficient time to get a warrant in advance. The bill has been endorsed by dozens of civil society organizations including Advancing Justice | AAJC, Asian American Scholar Forum (AASF), and Chinese for Affirmative Action (CAA) which are leading a coalition of Asian American organizations to oppose the renewal of Section 702 of FISA unless significant revisions are put into place. In addition, APA Justice supports an open letter to Congress prepared by American Civil Liberties Union (ACLU) that individuals are urged to sign on: https://bit.ly/3EFkg3R .Additional coalition activities will be coming soon after the introduction of GSRA. Read the press statement by Senator Ron Wyden: https://bit.ly/3SxLn8V and watch the press conference: https://bit.ly/3u04gqS Links to some media reports and statements: · ACLU: Applauds Introduction of Bipartisan Government Surveillance Reform Act to Rein in Warrantless Government Surveillance · Asian Americans Advancing Justice – AAJC: Calls the Government Surveillance Reform Act Much-Needed Reform to Curb Warrantless Government Surveillance of Asian Americans · Axios : Lawmakers unveil first bill to renew controversial surveillance program · Just Security : The Year of Section 702 Reform, Part IV: The Government Surveillance Reform Act · The Record : Bipartisan bill aims to have wide impact on federal surveillance efforts APEC Summit in San Francisco on November 11-17 The 2023 Asia Pacific Economic Cooperation Summit, also known as APEC, will be held in San Francisco on November 11-17, 2023. It was founded in Canberra, Australia, in 1989 as an informal dialogue forum to promote regional economic integration . APEC's members are Australia, Brunei, Canada, Chile, China, Hong Kong, Indonesia, Japan, South Korea, Malaysia, Mexico, New Zealand, Papua New Guinea, Peru, the Philippines, Russia, Singapore, Taiwan, Thailand, the United States and Vietnam. They represent about 38% of the global population. Their economies account for about 62% of global GDP and almost half of global trade.The APEC Summit will host these 21 member economies from the Pacific Rim regions, including President Joe Biden and Chinese President Xi Jinping . According to Reuters on November 8, 2023, Presidents Biden and Xi are expected to hold summit talks as they seek to stabilize tense ties by meeting in-person for just the second time in nearly three years. Exact timing and other logistical details have not yet been formally announced.Visit https://www.apec2023sf.org/ for more information about the APEC Summit. It includes an External Stakeholder Events web page on a number of concurrent side events for broader public or targeted audience engagement that are organized by a wide variety of leading business, civil society, or nonprofit groups unaffiliated with the official APEC 2023 program or the United States Government. DHS Issues Proposed Rule to Modernize the H-1B Specialty Occupation Worker Program On October 20, 2023, the Department of Homeland Security (DHS), through U.S. Citizenship and Immigration Services (USCIS), published a Notice of Proposed Rulemaking (NPRM) that would modernize the H-1B specialty occupation worker program by streamlining eligibility requirements, improving program efficiency, providing greater benefits and flexibilities for employers and workers, and strengthening integrity measures. The period to submit written comments closes December 22, 2023: https://bit.ly/49mYwYJ . News and Activities for the Communities 1. APA Justice Community Calendar Upcoming Events: 2023/11/09 Quincy Institute: East Meets West Event 2023/11/09-12 NAPABA Convention2023/11/11 Association of Chinese Professionals 2023 MetroCon2023/11/12 Rep. Gene Wu's Weekly Town Hall Meeting2023/11/15 1990 Institute Media Narratives - Evaluating U.S.-China HeadlinesVisit https://bit.ly/45KGyga for event details. 2. 2023/11/09 Quincy Institute: East Meets West Event WHAT: East Meets West WHEN: Thursday, November 9, 8:30 am - 11:15 am Eastern TimeWHERE: Hybrid event; Union Station, 50 Massachusetts Ave NE, Washington, DCHOST: Quincy InstituteDESCRIPTION: Unpacking U.S.-China relations in the lead up to the Biden-Xi meeting at APEC REGISTRATION: https://bit.ly/3QsCtqN 3. 2023/11/15 Media Narratives - Evaluating U.S.-China Headlines WHAT: Media Narratives - Evaluating U.S.-China Headlines WHEN: Wednesday, November 15, 6:30 pm - 8:00 pm Eastern TimeWHERE: Virtual Teachers Workshop via ZoomHOST: The 1990 Institute SPEAKERS: · Kaiser Kuo, The China Project · Amy Qin, The New York Times · Bochen Han, South China Morning Post DESCRIPTION: The panel will delve into their first-hand experiences of their careers as journalists to highlight some of the complexities of news reporting in the context of U.S.-China relations. REGISTRATION: https://bit.ly/49kn1Wc 4. 2023/11/18 Inaugural Jimmy Carter Conversation on U.S.-China Relations WHAT: In-person event: Inaugural Jimmy Carter Conversation on U.S.-China Relations WHEN: Saturday, November 18, 4:00 pm - 5:30 pm Pacific Time, reception and dinner to follow (note: email confirmation required for dinner yawei.liu@cartercenter.org ) WHERE: Del Santo Reading Room, Lone Mountain Main Building 270, University of San Francisco, 2820 Turk Blvd, San Francisco, CA 94118HOSTS: The Carter Center; University of San FranciscoSPEAKERS: · Max Baucus, Former U.S. Senator and Ambassador to China · Zoe Zongyuan Liu, Council on Foreign Relations · Orville Schell, Asia Society · Amy Celico, Albright Stonebridge Group · Ker Gibbs, University of San Francisco DESCRIPTION: Speakers will debate and discuss the legacy of U.S.-China relations and how to peacefully manage the most consequential bilateral relationship in the world. REGISTRATION: https://bit.ly/40wINlD Back View PDF November 9, 2023 Previous Newsletter Next Newsletter

Newsletter - #83 "China Initiative;" Rep. Andy Kim, Anming + Spoke On 09/13; Stanford Faculty Letter #83 "China Initiative;" Rep. Andy Kim, Anming + Spoke On 09/13; Stanford Faculty Letter Back View PDF September 15, 2021 Previous Newsletter Next Newsletter

Franklin Tao 陶丰 Docket ID: 2:19-cr-20052 District Court, D. Kansas Date filed: Aug 21, 2019 Date ended: January 18, 2023 10th Circuit Appeals Court Appellate Case 23-3013 Acquittal: July 11th, 2024 Table of Contents Overview 2019/08/21 Indictment and Pre-trial Motions 2022/03/21 Jury Trial to Start After Several Delays 2022/03/21 Jury Trial Lasted 17 Days 2022/09/20 Convictions Reversed 2023/01/18 Sentencing 2024/07/11 Appeal Victory 2025/01/03 Tao v. University of Kansas Community Engagement and Support Photo Album Overview On August 21, 2019, the Department of Justice (DOJ) announced the indictment of Professor Feng “Franklin” Tao (陶丰), a professor at Kansas University for failing to disclose conflict of interest with Fuzhou University in China. Professor Tao was the first academic scientist indicted under the China Initiative. Professor Tao was born in China and moved to the U.S. in 2002. He earned his doctorate’s degree from Princeton University and worked at the University of California-Berkeley and Notre Dame before August 2014, when he was hired as a tenured associate professor at the University of Kansas’ Center for Environmentally Beneficial Catalysis. The center conducts research on sustainable technology to conserve natural resources and energy. The jury trial was delayed several times. The government added the second superseding indictments on June 24, 2020, bringing the total to 10 counts of wire fraud and making false statements. In full support of Professor Tao, the community submitted amicus briefs, organized rallies, and raised legal defense funds. A jury trial started on March 21, 2022. Professor Tao was found guilty on three wire-fraud counts and one false-statement count but acquitted him on four other counts. On September 20, 2022, U.S. District Court Senior Judge Julie Robinson reversed the three counts of wire fraud convictions and acquitted Professor Tao. On January 18, 2023, U.S. District Court Senior Judge Julie Robinson handed down the lightest possible sentence on the last conviction of making false statement against Professor Franklin Tao with no jail time, no fine, and 2 years of probation. Professor Tao appealed. On September 21, 2023, the 10th Circuit Appeals Court held a hearing in Denver, Colorado, on Professor Tao’s appeal to overturn the lone conviction. On July 11, 2024, the Appeals Court on a 2-1 vote ruled that prosecutors offered insufficient evidence at trial to support the sole remaining count on which jurors convicted Professor Tao in 2022. Professor Tao was acquitted of the last charge, bringing an end to his five-year ordeal of criminal persecution. [jump to menu] 2019/08/21 Indictment and Pre-trial Motions On August 21, 2019, the Department of Justice (DOJ) announced the indictment of Professor Feng “Franklin” Tao (陶丰), a professor at Kansas University (KU) for failing to disclose conflict of interest with Fuzhou University in China. He was charged for four counts of program and wire fraud. Professor Tao has been an associate professor and researcher at the Center for Environmentally Beneficial Catalysis (CEBC) since August 2014. He was conducting research under two Department of Energy (DOE) contracts and four National Science Foundation (NSF) contracts. If convicted, Professor Tao faced up to 20 years in federal prison and a fine of up to $250,000 on the wire fraud count, and up to 10 years and a fine up to $250,000 on each of the three program fraud counts. On November 17, attorneys for Professor Tao filed a motion to dismiss the case. It revealed that the government’s investigation into Dr. Tao grew out of fabricated allegations by a disgruntled, unpaid visiting scholar at KU, who, after failing to extort Dr. Tao for $300,000, later admitted to the FBI that she hacked into Dr. Tao’s email account to fish for “evidence” she could provide to the FBI and then, using phony aliases, fabricated complaints to both KU and the FBI regarding Dr. Tao. The motion stated that Dr. Tao never accepted a teaching position in China and, therefore, he had no obligation to make any disclosure to KU. Dr. Tao’s Conflict of Interest form was completely accurate when he represented that he had no conflict that would interfere with his teaching responsibilities at KU, and it would have been false had he certified otherwise. Five additional arguments were provided to support the motion to dismiss. On January 6, 2020, the federal judge delayed ruling on the motion to dismiss. Government attorneys said they planned to file a superseding indictment. On January 15, 2020, Government attorneys filed the first superseding indictment of two counts of wire fraud and one count of program fraud. On June 24, 2020, Government attorneys filed the second superseding indictment of seven counts of wire fraud and three counts of false statement. On August 14, 2020, attorneys for Professor Tao filed two motions with attachments to dismiss the second superseding indictment, arguing that the government seeks to use Tao’s prosecution as a potential new model for DOJ to prosecute professors “without having to produce evidence of intellectual property theft or export control violations.” The prosecution of Dr. Tao ensnared in a U.S. government crackdown on Chinese economic espionage and trade secret theft opens the door to criminalizing workplace disagreements. The motion takes aim at the broader China Initiative announced by DOJ in 2018 to counter the threat of Chinese espionage and intellectual property theft, including on American college campuses. Since then, federal prosecutors have charged Chinese academics across the country of failing to disclose foreign sources of funding and lying about their links to China. “The Department of Justice is not the Ministry of Truth, and it lacks authority to regulate routine, private miscommunications between employees and employers regarding employee activities,” the motion says. “If the Court permits this Indictment to proceed to trial, it would open the floodgates to a vast range of federal prosecutions for garden-variety employment disputes that otherwise would have, at most, subjected the employee to administrative discipline at work,” they added. “This government overreach would not be limited to university professors.” On August 20, 2020, Asian Americans Advancing Justice – AAJC and Asian Americans Advancing Justice – Asian Law Caucus filed an amicus brief in support of Professor Tao and opposes the government’s increased efforts to target and racially profile Asian American scientists and researchers. The amicus brief addresses the government’s broad campaign to scrutinize and target Chinese American scientists and researchers and discusses how the government’s xenophobic and overzealous prosecutions does real harm to the individual lives of Chinese and Asian Americans and immigrant communities. The government has been mounting a broad campaign scrutinizing and targeting Chinese American scientists and researchers through the China Initiative. Fueled by xenophobia, the China Initiative was adopted by the Department of Justice in 2018 for the purported purpose of combating economic espionage. The China Initiative is part of the latest wave of xenophobia against Chinese and Asian Americans and follows a long history of Asian Americans and immigrants being criminalized, stereotyped as “perpetual foreigners,” scapegoated, and profiled as spies disloyal to the United States. On November 2, 2020, U.S. District Court Senior Judge Julie Robinson denied the motion to dismiss the Second Superseding indictment. On November 28, 2020, a GoFundMe campaign was started to raise legal defense funds for Professor Tao. References and Links 2020/11/28 GoFundMe: Legal Defense Fund for Franklin Tao 2020/11/02 AP: Judge refuses to dismiss charges against Kansas researcher 2020/11/02 USA v Tao 2:19-cr-20052: (Doc. 99) Memorandum and Order 2020/08/21 Chemical & Engineering News: University of Kansas chemist Feng ‘Franklin’ Tao’s attorneys move to dismiss charges for fraud and false statements 2020/08/21世界日报: 亞裔民權機構：未披露與中國大學關係不算商業間諜 2020/08/21 AsAmNews: Amicus Brief from Asian American Civil Rights Groups Alleges Federal Government Racially Profiles Asian American Researchers, Scientists 2020/08/20 Advancing Justice | AAJC: United States v. Tao Amicus Brief 2020/08/14 AP: Filing: Kansas prof’s prosecution criminalizes job disputes 2020/08/14 USA v Tao 2:19-cr-20052: (Doc. 83) Memorandum of Dr. Franklin Tao in Support of His Motion to Dismiss The Second Superseding Indictment Due to The Government’s False, Misleading, and Prejudicial Statements to The Grand Jury 2020/08/14 USA v Tao 2:19-cr-20052: (Doc. 82) Memorandum of Dr. Franklin Tao in support of His Motion to Dismiss The Second Superseding Indictment for Failure to State an Offense and Lack of Venue 2020/07/02 Chemical & Engineering News: Revised charges filed against University of Kansas chemist Feng ‘Franklin’ Tao 2020/06/24 USA v Tao 2:19-cr-20052: (Doc. 75) Second Superseding Indictment 2020/01/24 Chemical & Engineering News: New charges filed against University of Kansas chemist Feng “Franklin” Tao 2020/01/15 USA v Tao 2:19-cr-20052: (Doc. 50) Superseding Indictment 2020/01/06 AP: Judge mulls fate of US researcher who denies Chinese work 2019/11/20 Washington Post: Accused of fraud, Kansas researcher denies working for a Chinese university as he fights federal charge 2019/11/18 AP: Kansas researcher denies working for Chinese university 2019/11/17 USA v Tao 2:19-cr-20052: (Doc. 30) Motion to Dismiss The Indictment 2019/11/17 Wall Street Journal: U.S. Struggles to Stem Chinese Efforts to Recruit Scientists 2019/09/18 Law360: Professor’s Case Draws Hard Line On Foreign Conflicts 2019/08/22 Financial Times中文网: US indicts Chinese professor over alleged lack of disclosure 2019/08/21 Reuters: U.S. charges Kansas researcher over ties to Chinese university 2019/08/21 KMBC9 News: KU researcher charged with failing to disclose conflict of interest with Chinese university 2019/08/21 Bloomberg: U.S. Says Scientist Hid Job in China. Web Search Tells Otherwise 2019/08/21 USA v Tao 2:19-cr-20052: (Doc. 1) Sealed Indictment 2019/08/21 Department of Justice: University of Kansas Researcher Indicted for Fraud for Failing to Disclose Conflict of Interest with Chinese University [jump to menu] 2022/03/21 Jury Trial to Start After Several Delays On August 21, 2021, attorneys for Professor Tao motioned for a hearing and to suppress evidence resulting from two unlawful search warrants obtained using false and misleading affidavits. According to a Washington Post on August 24, 2021, FBI agent Stephen Lampe knowingly used false information from an informant to obtain warrants to search Tao’s emails, computers, home and office. The motion says Lampe deliberately withheld information that would undercut the informant’s credibility and the reliability of the evidence. On September 9, 2021, U.S. District Court Senior Judge Julie Robinson struck down the defense’s motion and set a trial date of October 25, 2021. On October 21, 2021, the jury trial set for October 25, 2021, was canceled. On November 23, 2021, attorneys for Professor Tao filed an opposition to the Government’s motion for Rule 15 depositions and objection to continued trial date. The Court has granted the government’s motion to continue the October 25, 2021 trial date, then December 6, 2021, and subsequently to April 18, 2022. On December 20, 2021, Judge Robinson reset the trial date to March 21, 2022. On January 27, 2022, Judge Robinson excluded expert testimony in the upcoming trial of Professor Tao on the grounds it risks fanning anti-Chinese sentiment, The expert witness in question was Dr. Glenn Tiffert. While Judge Robinson agreed Dr. Tiffert's testimony might be relevant and helpful, she said any testimony about the Chinese government’s efforts to acquire foreign technology to further its industrial policy objectives “risks misleading the jury into thinking this case is actually an economic espionage or theft of trade secrets case.” “But this is not an espionage prosecution,” Judge Robinson continued, “and the Government may not color the trial with national security overtones. This testimony also poses a significant risk of stoking Sinophobia, especially given that Defendant, who is Chinese, faces trial amid increasing reports of anti-Asian discrimination and violence since the outbreak of the COVID-19 pandemic — and evoking exactly the kind of negative emotional response that might ‘lure the [jury] into declaring guilt on a ground different from proof specific to the offense charged.’” On February 7, 2022, the Government motioned to dismiss one count of wire fraud and one count of false statement from the Second Superseding Indictment, leaving a total of eight counts. The motion was unopposed. References and Links 2022/02/07 USA v Tao 2:19-cr-20052: (Doc. 219) Government’s Motion to Dismiss Counts Three and Eight of The Second Superseding Indictment (Doc. 75) 2022/01/28 KCUR/NPR: Judge deals blow to government’s case against KU professor accused of concealing Chinese ties 2022/01/27 Politico: Judge limits testimony at trial of professor accused of hiding Chinese ties 2022/01/27 USA v Tao 2:19-cr-20052: (Doc. 215) Memorandum & Order 2021/11/23 USA v Tao 2:19-cr-20052: (Doc. 199) Dr. Franklin Tao’s [Redacted] Opposition to The Government’s Motion for Rule 15 Depositions and Objection to Continued Trial Date. 2021/10/21 Mother Jones: Has the DOJ’s Campaign to Root Out Chinese Spies on College Campuses Gone Too Far? 2019/09/09 USA v Tao 2:19-cr-20052: (Doc.145) Trial Order 2019/09/09 USA v Tao 2:19-cr-20052: (Doc. 144) Order Striking Notice of Clarification 2021/08/24 Washington Post: Kansas professor says FBI misled court in alleging hidden ties to Chinese government 2019/08/21 USA v Tao 2:19-cr-20052: (Doc.127) Motion for Franks Hearing and To Suppress Evidence Resulting from Two Unlawful Search Warrants Obtained Using False and Misleading Affidavits 2021/08/15 侨报网: 又一被控华裔教授叫屈！陶丰律师指FBI误导法官 2021/01/28 《美南日报》: 陶峰教授即將與司法部對簿公堂 2021/01/22 United Chinese Americans: 陶峰即将与司法部对簿公堂 [jump to menu] 2022/03/21 Jury Trial Lasted 17 Days Although the Department of Justice (DOJ) ended the China Initiative in February 2022, it did not end the prosecution of Professor Tao, the first academic indicted under the initiative. It highlighted how problematic and damaging the China Initiative was. Professor Tao was not going on trial for spying or handing sensitive information to China. He was charged with fraud and making false statements - essentially, failure to disclose affiliations with a Chinese university and a government-run talent program. The trial was held at the Robert J. Dole Courthouse in Kansas City, Kansas. Defense lawyer Peter Zeidenberg said during his opening statement that the defense team would focus on what they said was a rush to prosecution without a deeper look at the evidence. He mentioned a former graduate student of Professor Tao’s who allegedly took revenge for a perceived slight by submitting a false report under assumed identities claiming that Professor Tao was a tech spy. Professor Tao was charged with six counts of wire fraud and two counts of making false statements, not espionage. The judge limited mention of the China Initiative in the trial. There were still some media reports that produced misleading headlines and contents, including the Kansas Public Radio. On April 5, 2022, lawyers made their final arguments, and the jurors began deliberations the next day. In closing arguments recapping more than two weeks of testimony, lawyers drilled down on points they have made since the beginning of the case. Prosecutors reviewed a long list of emails, recorded phone conversations and other evidence, saying Tao sought to hide a full-time research job with Fuzhou University that should have been disclosed to the National Science Foundation and the Department of Energy, the granting agencies, as well as to KU. One of Tao’s defense attorneys, Peter Zeidenberg, argued that the government had fallen far short of proof beyond reasonable doubt. “In almost three years of investigation, two weeks of evidence, twenty-eight government witnesses and hundreds and hundreds of exhibits and not one word about loss.” Grants go directly to the university and not to professors, a fact Zeidenberg said FBI investigators failed to learn. “The government wants you to believe Dr. Tao lied and cheated,” he said, noting the money benefited KU.“ Then he worked sixteen hours a day on those grants. What kind of a fraud scheme is that?” Zeidenberg said the government failed to show any false statements were made to granting agencies and that in fact the grants applications were submitted before the job at Fuzhou was offered. Tao was not required to report pending grants, he said. Moreover, the Fuzhou affiliation was listed publicly on progress reports on three of Tao’s papers, he said. Zeidenberg also faulted the FBI investigation that led to Tao’s arrest. The agency took the word of a woman who accused Tao of being a tech spy after trying to extort him, he said. “They pinned their ears back and put their blinders on and focused on getting Dr. Tao,” rather than doing basic research about how the grant process works, Zeidenberg said. “The government is apparently unwilling or unable to acknowledge or admit they made a huge mistake here.” On April 7, 2022, the jury found Professor Tao guilty of four of the eight counts against him – three counts of wire fraud and one count of making a false statement. References and Links 2022/04/22 JDSupra: After Researcher's Conviction on Some Counts, Attorney Chides Universities, Sees 'No Harm' 2022/04/14 Science: Why a judge might overturn a guilty verdict against a U.S. scientist for hiding China ties 2022/04/13 New Yorker: An Uncertain Future for a Chinese Scientist Accused of Espionage 2022/04/11 Inside Higher Ed: A Verdict, but No Clear Victory, for the China Initiative 2022/04/08 Nature: Jury finds University of Kansas chemical engineer guilty of hiding ties to China 2022/04/07 KMBC: Federal jury convicts KU professor Feng “Franklin” Tao on four counts of wire fraud 2022/04/07 Law360: Prof. Convicted Over China Ties But Judge To Review Verdict 2022/04/07 Reuters: University of Kansas professor convicted of concealing China ties 2022/04/07 C&EN: Breaking: University of Kansas chemist Feng “Franklin” Tao found guilty over China interactions 2022/04/07 KCUR/NPR: University of Kansas professor charged under Trump-era initiative convicted of wire fraud 2022/04/07 Science: Kansas chemistry professor found guilty of hiding ties to China 2022/04/07 NPR: A jury finds a Kansas scholar guilty of fraud and hiding ties to China 2022/04/06 C&EN: Daily updates: Trial continues for University of Kansas chemist Feng “Franklin” Tao over China interactions 2022/04/05 KCUR/NPR: Case of University of Kansas professor accused of concealing China ties goes to the jury 2022/04/05 Law360: Kansas Professor Says FBI Cut Corners In China Ties Case 2022/04/04 AP: Kansas researcher to mount defense over China ties at trial 2022/04/02 KCUR/NPR: Defense will put on its case in closely watched trial of KU professor accused of wire fraud 2022/04/01 UCA|北美新视界: 陶丰教授首周庭审结束，检方证人无法拿出不利证据 2022/03/22 KCUR/NPR: Prosecutors accuse KU professor of leading 'double life' in trial over concealing China ties 2022/03/22 AP: Kansas researcher accused of secret China work goes to trial 2022/03/22 北美新视界: 陶丰教授庭审首日选出陪审团 2022/03/21 NPR: Arrested under a Trump-era China initiative, Franklin Tao heads to trial 2022/03/21 C&EN: Trial starts for University of Kansas chemist Feng “Franklin” Tao over China interactions 2022/03/21 Nature: High-profile trial begins for chemical engineer accused of hiding China ties 2022/03/21 Inquirer.net: Anti-Asian xenophobia – the next wave 2022/03/21 WMBC: Federal trial begins for KU professor accused of lying to university 2022/03/21 Kansas Reflector: KU professor accused of fraud under China Initiative goes to criminal trial 2022/03/14 New Yorker: Have Chinese Spies Infiltrated American Campuses? 2022/09/20 Convictions Reversed On September 20, 2022, U.S. District Court Senior Judge Julie Robinson ruled on the defense motion filed in April 2022 for judgment of acquittal and alternative motion for a new trial. Judge Robinson reversed the conviction of three wire fraud charges against Professor Tao. She sustained the conviction of one count of making a false statement and denied the motion for a new trial. Judge Robinson said in her ruling, “Viewing the evidence in the light most favorable to the Government, the Court finds that the evidence was legally and factually insufficient to support Tao’s wire fraud convictions. Though Tao was deceptive in not disclosing his activities at FZU, there was no evidence that Tao obtained money or property through the alleged scheme to defraud, as required under the wire fraud statute. During the time period of the alleged scheme to defraud, Tao continued to rightfully receive his salary from KU for his services and continued to successfully perform the research required by DOE and NSF under their research grants. But there was sufficient evidence supporting the jury’s guilty verdict on the false statement count. Tao made a false statement in certifying to the truth and completeness of the September 2018 Institutional Responsibilities form he submitted to KU. Further, there is no basis for a new trial on the false statement count.” On September 22, 2022, sentencing for the false statement conviction was set for January 18, 2023. On October 19, 2022, the Government appealed to the 10th Circuit Appeals Court granting the acquittal of three counts of wire fraud. On November 28, 2022, the Government motioned for voluntary dismissal of its appeal. It was granted unopposed. References and Links 2022/11/28 USA v Tao 2:19-cr-20052: (Doc. 315) Order to Dismiss the Government's Appeal 2022/10/19 USA v Tao 2:19-cr-20052: (Doc. 309) Government’s Notice of Appeal 2022/09/29 The National Law Journal: The China Initiative May Have Finally Died—Killed Not by DOJ but the Courts 2022/09/22 Nature: Convictions reversed for US chemical engineer accused of hiding China ties 2022/09/20 USA v Tao 2:19-cr-20052: (Doc. 307) Judgment of Acquittal 2022/09/20 USA v Tao 2:19-cr-20052: (Doc. 306) Memorandum and Order 2022/04/21 USA v Tao 2:19-cr-20052: (Doc. 286) Dr. Franklin Tao’s Renewed Motion for Judgment of Acquittal and Alternative Motion for a New Trial 2023/01/18 Sentencing On January 18, 2023, U.S. District Court Senior Judge Julie Robinson sentenced Professor Tao to time served and two years of probation for the lone conviction of making a false statement. She did not impose a fine. Prosecutors had sought a prison sentence of two and a half years. In announcing the sentence, Judge Robinson said prosecutors had presented no evidence during the trial that Professor Tao received any money for his work in China, which is required for a wire fraud conviction. She said when the trial started, she expected to hear evidence that Professor Tao’s deceptions caused financial loss and that he shared important research with Chinese officials at the expense of U.S. taxpayers and the three institutions. Rather, the evidence showed that Professor Tao continued fulfilling his duties to the University of Kansas while in China by working 70-hour weeks and pushing his students at Kansas to do the same. And she noted he was doing fundamental research that is freely shared across the scientific community. “This is not an espionage case ... If it was, they presented absolutely no evidence that was going on,” Judge Robinson said. “Believe me, if that was what was going on, it would have been a much different sentence today.” Professor Tao’s attorney, Peter Zeidenberg, said he will appeal Tao’s remaining conviction. Professor Tao served a week in prison after his arrest in 2018 and has worn an electronic monitoring while having his travel restricted since then. His attorneys said the case destroyed his reputation, his family’s financial stability and his distinguished career. References and Links 2023/01/20 Inside Higher Ed: Probation, Not Prison, for Researcher in China Initiative Case 2023/01/19 Yahoo News: Judge rules no jail time for University of Kansas researcher accused of secret China work 2023/01/19 Nature: US chemical engineer avoids prison after conviction for hiding ties to China 2023/01/18 Science: No jail time for Kansas professor convicted for undisclosed research ties to China 2023/01/19 VOA: Former Researcher Avoids Prison in China-Related Probe From Trump Era 2023/01/18 Reuters: Kansas researcher avoids prison in blow to Trump-era China-related probe 2023/01/18 AP News: Kansas researcher given time served in China-related case 2023/01/18 C&EN: Chemist Feng “Franklin” Tao sentenced to time served 2024/07/11 Appeal Victory On July 11, 2024, the Tenth Circuit Court of Appeals in Denver overturned the lone conviction of Professor Tao for making a false statement related to work he was doing in China. The Appeals Court ruled in a 2-to-1 decision, “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 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!" 各位华人朋友们， 今天我怀着极其沉重而高兴的心情来向你们更新这四年以来奋力抗争的结果。今天第十巡回法庭将最后一个强加在我身上的最后一个罪状去掉了。这四年来，对这十个毫无根据的罪状的抗争是一场令人难以想象的斗争。没有我们的律师Peter Zeidenberg and Mike Dearington 正义的法律援助， 我不可能得到今天的胜利。我要感谢，我们华人和亚裔团体（包括UCA, AAJC, Committee 100, APA Justice, Asian American Scholar Forum, CALDA, AFI, OCAA….）和众多华人朋友的支持。我要感谢UCA对我在这几年的持续支持和鼓励。我特别感谢UCA薛海培会长及其团队的鼎力支持。没有薛会长亲力亲为的鼓励和支持，我们不可能抗争到到今天！ 陶丰 References and Links 2024/08/13 South China Morning Post: Why the spectre of another Trump term haunts China-born scientists in the US 2024/08/07 USA v Tao 2:19-cr-20052: (Doc. 356) Amended Judgment of Acquittal 2024/07/22 Chemistry World: Chinese-born chemist cleared of last conviction under US’s espionage probe 2024/07/17 AsAmNews: Court overturns Dr. Feng ‘Franklin’ Tao’s conviction under China initiative 2024/07/13 AP: Court voids last conviction of Kansas researcher in case that started as Chinese espionage probe 2024/07/12 星岛环球网: “中国计划”首位被起诉华人学者，堪萨斯大学副教授陶丰上诉得直 2024/07/12 世界新聞網: 缠讼4年 中国行动计划首位起诉教授陶丰 10控罪全撤销 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: 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 2022/02/14 USA v Tao 2:19-cr-20052: (Doc. 222) Order [jump to menu] 2025/01/03 Tao v. University of Kansas (2:25-cv-02005) On January 3, 2025, Profssor Tao filed a civil rights employment discrimination lawsuit titled Tao v. University of Kansas (Case No. 2:25-cv-02005) in the U.S. District Court for the District of Kansas. References and Links CourtListener: Tao v. University of Kansas (2:25-cv-02005) 2025/03/02 New York Times: Professor, Scrutinized for Ties to China, Sues to Get His Job Back Community Engagement and Support The communities were mobilized and engaged from the first day of Professor Tao’s indictment. On August 21, 2019, the day of DOJ’s indictment, Bloomberg conducted a web search and published the first media report on Professor Tao’s case by fact-checking some of the allegations of the indictment. On September 9, 2019, APA Justice convened a regular conference call (those were days before the use of Zoom) to inform concerned individuals and organizations about the indictment of Professor Tao. On August 20, 2020, Advancing Justice | AAJC and Advancing Justice | ALC filed an amicus brief in United States v. Feng "Franklin" Tao, providing significant evidence of racial profiling against Asian American and immigrant scientists and researchers. On November 28, 2020, a GoFundMe campaign was set up for a legal defense fund for Professor Tao. Almost 6,000 donations have been made so far. When the jury trial date was set to start on December 6, 2021, a turnout campaign was being organized to support Professor Tao in Kansas City, Kansas On January 18, 2023, supporters of Professor Tao gathered in the cold wind and rain outside the Robert J. Dole Federal Courthouse as he was sentenced for the lone conviction of making a false statement. On September 21, 2023, over 30 community members came from across the country to show their support for Professor Tao by attending the hearing to overturn the lone conviction, which was held by the 10th Circuit Appeals Court in Denver, Colorado. References and Links 2024/07/24 South China Morning Post: Chinese-born scientist in US tells of ‘fear and desperation’ from Trump-era convictions 2024/07/17 Asian American Scholar Forum: AASF Celebrates Dr. Franklin Tao’s Appeal Victory 2024/07/17 Advancing Justice | AAJC: Asian Americans Advancing Justice – AAJC Commends Decision Overturning Conviction of Dr. Feng “Franklin” Tao Under the ‘China Initiative’ 2023/09/20 Asian American Scholar Forum: Important Reminder, New Time & Virtual Option Available for Dr. Tao's Appeal 2023/01/18 Kansas Reflector: Advocates gather to support former University of Kansas professor following his sentencing 2022/03/20 俄州亚太联盟: 紧急呼吁声援陶丰教授赢得司法公正，周一开庭 2022/03/19 北美新视界: 开庭在即 紧急呼吁声援陶教授赢得司法公正 2022/03/16 Asian and Asian-American Faculty & Staff Council at University of Kansas: Statement on Franklin Tao's Trial 2022/03/04 CALDA: CALDA捐款声援陶丰教授，众人合力再战美国政府！ 2022/03/03 UCA: 陶丰负债累累即将开庭 陈刚挺身而出呼吁募捐 2021/08/15 侨报网: 又一被控华裔教授叫屈！陶丰律师指FBI误导法官 2021/01/28 《美南日报》: 陶峰教授即將與司法部對簿公堂 2021/01/22 United Chinese Americans: 陶峰即将与司法部对簿公堂 2020/11/28 GoFundMe: Legal Defense Fund for Franklin Tao 2020/08/21世界日报: 亞裔民權機構：未披露與中國大學關係不算商業間諜 2020/08/20 Advancing Justice | AAJC: United States v. Tao Amicus Brief 2019/08/21 Bloomberg: U.S. Says Scientist Hid Job in China. Web Search Tells Otherwise https://asamnews.com/2024/07/17/feng-franklin-tao-university-professor-kansas-overturned-conviction/ www.stnn.cc “中国计划”首位被起诉华人学者，堪萨斯大学副教授陶丰上诉得直 | 星岛环球网 美国上诉法庭第十巡回庭昨就堪萨斯大学副教授陶丰“虚假陈述”陪审团定罪的上诉进行裁决，认为此项罪名不成立，判地区法院取消这项罪名。 https://bit.ly/46Rf5es Previous Item Next Item

Newsletter - #71 06/30 Roundtable; 07/12 Meeting; Mistrial; "China Initiative;" Yellow Whistle; Alert #71 06/30 Roundtable; 07/12 Meeting; Mistrial; "China Initiative;" Yellow Whistle; Alert Back View PDF July 8, 2021 Previous Newsletter Next Newsletter

Newsletter - #271 Yanping Chen Brief; Franklin Tao Speaks; Land Bill Tracker; AASF/Stanford Symposium; + #271 Yanping Chen Brief; Franklin Tao Speaks; Land Bill Tracker; AASF/Stanford Symposium; + In This Issue #271 · AALDEF: Amicus Brief in Support of Dr. Yanping Chen · Professor Franklin Tao and Wife Speak on Their Experience and Plans · C100: Alien Land Bill Tracker Updated · AASF: Asian American Pioneer Medal Symposium and Ceremony · News and Activities for the Communities AALDEF: Amicus Brief in Support of Dr. Yanping Chen On July 29, 2024, the Asian American Legal and Education Defense Fund (AALDEF) and a coalition of 11 organizations filed a 43-page amicus brief with the U.S. Court of Appeals for the District of Columbia Circuit in support of Dr. Yanping Chen . The brief addresses issues of racial prejudice and the negative stereotyping of Asian Americans, particularly in the context of government actions against Dr. Chen. Dr. Chen was not charged after six years of FBI investigations started in 2010. She filed a lawsuit in 2018 against the Government for violating the Privacy Act after Fox News aired a series of reports by Catherine Herridge in 2017, based on leaked FBI materials, that suggested she was spying for China, causing her significant personal, professional and financial harm.On February 29, 2024, Judge Christopher Cooper held Catherine Herridge in civil contempt for refusing to divulge her source for her 2017 series of Fox News reports. He imposed a fine of $800 per day until Catherine Herridge reveals her source, but the fine will not go into effect immediately to give her time to appeal.Catherine Herridge appealed to the DC Circuit Appeals Court. The case number is #24 -5050.The brief underscores the historical marginalization of Asian Americans, emphasizing the persistent "forever foreigner" stereotype that depicts Asian Americans as perpetual outsiders regardless of their citizenship status or contributions to society. Such stereotypes have been perpetuated by media representations and have influenced governmental policies and actions, often leading to discriminatory practices. The brief argues that decisions in this case should be informed by a rejection of racial stereotypes and should uphold principles of justice and equality. It stresses the importance of the court recognizing the impact of racial bias on the credibility and reputation of individuals like Dr. Chen and the broader Asian American community.The brief urges the court to consider the broader social and historical context of racial discrimination against Asian Americans when making its decision. It calls for a careful examination of the evidence and arguments presented, ensuring that decisions are based on facts rather than prejudiced assumptions.The brief concludes by reinforcing the need for the judicial system to protect the rights and dignity of all individuals, regardless of race or ethnicity. It emphasizes that a fair and just outcome in Dr. Chen's case would contribute to the broader fight against racial discrimination and uphold the principles of equality and justice.The coalition of 11 organizations includes Asian Americans Advancing Justice Southern California, Asian Americans United, the Asian Law Alliance, the Asian Law Caucus, the APA Justice Task Force, Chinese for Affirmative Action, the Fred T. Korematsu Center for Law and Equality, Helen Zia and the Vincent Chin Institute, the Japanese Americans Citizens League, Muslim Advocates, and Stop AAPI Hate. For additional information, contact Stuart J. Sia , Communications Director, AALDEF, at (212)-966-5932 x203 and ssia@aaldef.org Read the AALDEF brief: https://bit.ly/3Aa4oY3 . Read the AALDEF press statement: https://bit.ly/3WCm06i . Read Dr. Chen's legal docket: https://bit.ly/3ufnqUP Professor Franklin Tao and Wife Speak on Their Experience and Plans It was a deeply emotional day for Professor Franklin Tao to speak for the first time at the APA Justice meeting on August 5, 2024. He thanked his family, lawyers Peter Zeidenberg and Michael Dearington , thousands of GoFundMe donors, brothers and sisters from his church, and the unwavering support from CAPAC, United Chinese Americans, Asian American Scholar Forum, APA Justice, Asian Americans Advancing Justice, Committee of 100, Chinese American Legal Defense Alliance, Alliance for Impact, and many other organizations.Professor Tao’s ordeal has lasted nearly five years. From the day of his arrest on August 21, 2019, to the day the 10th Circuit Court acquitted him of the last count, it has been 1,786 days—each one filled with fear and desperation.A false accusation from a lying whistleblower led to Professor Tao’s arrest under the China Initiative. Professor Tao said he is not a spy, and he should never have been arrested. He was indicted on 10 felony counts. Thanks to his dedicated lawyers, Professor Tao and his wife fought the charges and ultimately prevailed. On July 11, the final count was acquitted.However, this victory is bittersweet. Throughout this ordeal, Professor Tao has lost almost everything. His academic career, built over 20 years of hard work and 16-hour days, has been destroyed. The legal battle was extremely expensive, costing $2.3 million. He and his wife borrowed from friends, tapped into their retirement savings, and raised over $800,000 through GoFundMe. Despite all these efforts, they are still $1.1 million in debt, and he has had no income for the past four years, leaving his family nearly bankrupt. In July 2020, Professor Tao had an agreement with Kansas University (KU) stating that no action would be taken until the conclusion of criminal proceedings. However, KU terminated him in January 2023 before the conclusion of these proceedings. This was a breach of the agreement.Professor Tao appealed because he is innocent of all the allegations. He has proven his innocence, but he has lost his job.He is now focused on regaining his faculty position at KU. In the past few years while he was fighting his case, Professor Tao published 30 papers and retained the capability of working as a faculty member. Hong Peng followed her husband’s talk to share her story. It is a story marked by suffering and injustice, but ultimately ending in a victory for justice.It was very, very hard to live under the dark clouds of injustice for almost five years. Franklin lost his career and nearly everything. Hong had to work long hours, multiple jobs in different hospitals to help her family survive. She could not count how many times she had to work 24 hours straight, how many times she had to pull off the highway to find a gas station to take a short nap or use cold water to wash her face to stay awake.Sometimes she felt so desperate that she cried in her car after work, questioning why this was happening to Franklin and her family. Then she had to wipe away her tears and moved on. She had to tell herself to stay strong for her husband, their kids, and their family. She deeply regrets how this affects their children who are twins.This all began on their first day of high school. They were followed by a drone that the FBI used to surveil them from the moment they got into the car until the moment they got out at curbside and walked into the school.Their son often cried alone in his room because he did not want his parents to worry. Their daughter had to see a psychologist to cope with the trauma.Before they started college last year, her son said to Hong, “mom, don’t worry about us. We are going to start our new life in college. We are going to be fine. There were times before both of us thought about suicide.” Her heart breaks whenever she thinks about how much this has impacted their kids.Franklin was treated like a criminal when he was innocent. He became extremely depressed, and had trouble sleeping and eating. From time to time before he slept, he would say “I almost wish I could just fall asleep and never wake up again. Then I wouldn’t need to think about all of this.”She was heartbroken to witness her loved one suffer so much because of this injustice.Physically, mentally, and financially Hong had to be the center of resource and support for her family. She was so drained. One time she got off the highway and was completely out. She did not know where she was, but it was the road she drove to work daily. It was scary because she could not afford to be sick. She had to be there for her family. Justice finally prevailed with the 10th Circuit Court acquittal of the last count against Franklin on July 11. This victory could not have been possible without the tremendous support they received from the organizations, community, family, friends, legal team, and countless individuals. Hong and Franklin are eternally grateful for the compassion and belief in the truth that were shown to them.In conclusion, Hong and Franklin look forward to Kansas University to reinstate Franklin, starting a new chapter in their lives and to a future where justice is not just a concept but reality for all. A summary for the August 5 APA Justice monthly meeting is being prepared at this time. Read Professor Tao's story: https://bit.ly/3y8SBsm C100: Alien Land Bill Tracker Updated On August 1, 2024, the Committee of 100 (C100) announced that its national database to track harmful alien land laws legislation has been updated. The C100 tracker and interactive maps are located at https://bit.ly/4d6G0Ft Summary of 2024 as of July 22, · 151 bills restricting property ownership by foreign entities have been considered by 32 states (115 bills) and Congress (36 bills). · Of the 151 total bills, 71 are under current consideration that would prohibit Chinese citizens from purchasing or owning property. · Of the 151 total bills, 12 passed and were signed into law in Georgia, Idaho, Indiana, Iowa (2 bills), Nebraska (2 bills), Oklahoma, South Dakota, Tennessee (2 bills), and Utah, respectively. · Of the 12 bills passed so far, 7 prohibit Chinese citizens from purchasing or owning some form of property: Georgia’s SB 420, Indiana’s HB 1183, Nebraska’s LB 1301, Oklahoma’s SB1705, South Dakota’s HB 1231, Tennessee’s HB 2553 and SB 2639. Summary since the beginning of 2023: · 241 bills restricting property ownership by foreign entities have been considered by 39 states (205 bills) and Congress (36 bills). · Of the 241 total bills, 194 have been under consideration that would prohibit Chinese citizens from purchasing or owning property; 174 bills have been considered by 38 states and 20 have been considered by Congress. · Of the 241 total bills, 29 passed and were signed into law in Alabama, Arkansas, Florida, Iowa (2 bills), Idaho (2 bills), Indiana (2 bills), Georgia, Louisiana, Missouri, Mississippi, North Dakota (2 bills), Nebraska (2 bills), Oklahoma (2 bills), South Dakota, Tennessee (4 bills), Utah (2 bills), Virginia, (2 bills), and West Virginia. · Of the 29 bills passed so far, 11 prohibit Chinese citizens from purchasing or owning some form of property: Arkansas’ SB 383, Florida’s S 264, Georgia’s SB 420, Indiana’s HB 1183 and SB 477, Nebraska’s LB 1301, Oklahoma’s SB1705, South Dakota’s HB 1231, Tennessee’s HB 2553 and SB 2639, and West Virginia’s SB 548. AASF: Asian American Pioneer Medal Symposium and Ceremony According to a press statement on August 2, 2024, Asian American Scholar Forum (AASF) hosted, in partnership with Stanford University Asian American Activities Center, the very first Asian American Pioneer Medal Symposium and Ceremony on July 27, 2024, at Stanford Memorial Auditorium. More than 1,300 persons registered for the event.The six Pioneer Medal Award recipients are Nasir Ahmed , Frank C Chang , Dawon Kahng , Teresa H. Meng , Raj Reddy , and Simon M. Sze . The symposium and award ceremony brought together some of the most distinguished minds in energy, artificial intelligence, life sciences, and leadership – including Nobel Prize laureates Steven Chu and Randy Schekman , Turing Award laureates Raj Reddy and John Hennessy , and leading industry figures, such as CEO and Founder of Zoom, Eric Yuan . It also included academic leaders such as Jonathan Levin , the 13th president of Stanford University; Arun Majumbar , the dean of the Stanford Doerr School of Sustainability; Tsu-Jae King Liu , the dean of the College of Engineering at UC Berkeley; and Andrea J. Goldsmith , the dean of the School of Engineering and Applied Science at Princeton University. The event also featured notable speakers such as Dr. Arati Prabhakar (U.S. Cabinet member and Science Advisor to the President and Director of the White House Office of Science and Technology Policy), Sethuraman Panchanathan (Director of the U.S. National Science Foundation), and Representative Judy Chu (D-CA 28th District and Chair of the Congressional Asian Pacific American Caucus). Read the AASF press statement: https://bit.ly/4dxYkHl News and Activities for the Communities 1. APA Justice Community Calendar Upcoming Events: 2024/08/19 DNC Convention, AAPI Briefing & Reception, Chicago, IL2024/09/01 Rep. Gene Wu's Town Hall Meeting2024/09/09 APA Justice Monthly Meeting2024/09/19-20 AANHPI Unity Summit2024/10/06 Rep. Gene Wu's Town Hall Meeting2024/10/07 APA Justice Monthly MeetingThe Community Calendar has moved. Visit https://bit.ly/3XD61qV for event details. 2. Nobel Prize-winning physicist Tsung-Dao Lee dies at age 97 According to AP, New York Times, and multiple media sources, Chinese American physicist Tsung-Dao Lee 李政道 (1926-2024), who in 1957 became the second-youngest scientist to receive a Nobel Prize, died at his home in San Francisco at age 97.His death was announced in a joint statement by the Tsung-Dao Lee Institute at the Jiao Tong University in Shanghai and the China Center for Advanced Science and Technology in Beijing. Born on November 24, 1926, in Shanghai, Tsung-Dao Lee made groundbreaking contributions to physics, leaving a lasting impact on both theoretical and experimental physics. Lee's academic journey began at the National Chekiang University and the National Southwest Associated University from 1943 to 1945. He then pursued graduate studies at the University of Chicago from 1946 to 1950, where he was chosen by Enrico Fermi, a Nobel laureate in physics, as a doctoral student. In 1950, Lee earned his Ph.D. degree. He became a naturalized U.S. citizen in 1962.In 1953, he joined Columbia University as an assistant professor. Three years later, he became the youngest-ever full professor there. He became the Enrico Fermi Professor of Physics at Columbia University in 1964.In 1957, Lee, at age 31, was awarded the Nobel Prize in physics together with Chen-Ning Yang 楊振寧 . Robert Oppenheimer , known as the father of the atomic bomb, once praised Lee as one of the most brilliant theoretical physicists of the time, whose work showed “remarkable freshness, versatility and style.”Read the New York Times report: https://nyti.ms/4dBZ3qZ . Read the AP report: https://bit.ly/4d82uWo . 3. Verge : Customs Agents Need a Warrant to Search Your Phone Now According to the Verge on July 29, 2024, a federal judge in New York ruled that Customs and Border Protection (CBP) can not search travelers’ phones without a warrant. The ruling theoretically applies to land borders, seaports, and airports — but in practice, it only applies to New York’s Eastern District. The ruling stems from a criminal case against Kurbonali Sultanov , a naturalized US citizen from Uzbekistan, who was ordered to hand his phone over to CBP after his name triggered an alert on the Treasury Enforcement Communications System identifying Sultanov as a potential purchaser or possessor of child sexual abuse material.The judge, Nina R. Morrison of New York’s Eastern District, denied Sultanov’s motion to suppress evidence, but ruled in favor of Sultanov on Fourth Amendment grounds, finding that the initial search of his phone was unconstitutional. CBP’s ability to search travelers’ phones has received increased scrutiny in recent months. In April, a bipartisan group of senators sent a letter to Homeland Security Secretary Alejandro Mayorkas asking for information on what data the government retains from these searches and how the data is used. “We are concerned that the current policies and practices governing the search of electronic devices at the border constitute a departure from the intended scope and application of border search authority,” Sens. Gary Peters (D-MI), Rand Paul (R-KY), Ron Wyden (D-OR), and Mike Crapo (R-ID) wrote. Read the Verge report: https://bit.ly/46wX7h6 . Back View PDF August 7, 2024 Previous Newsletter Next Newsletter

Newsletter - #367 C.A.C.A./AAJC Updates; Jane Wu; Mass Detention Policy; Rising Fear/Collapsing Courts;+ #367 C.A.C.A./AAJC Updates; Jane Wu; Mass Detention Policy; Rising Fear/Collapsing Courts;+ In This Issue #367 · Chinese American Citizens Alliance Since 1895 · Hearing on Estate of Dr. Jane Wu v Northwestern University Scheduled · Update from Advancing Justice | AAJC · Politico : Judges Reject Mass Detention Policy · Rising Fear, Collapsing Courts: Inside Today’s Immigration Crisis · News and Activities for the Communities Chinese American Citizens Alliance Since 1895 Kin Yan Hui was recently elected to be National President of the Chinese American Citizens Alliance (C.A.C.A.), He previously served as National Executive Vice President from 2023 to 2025 and as National Vice President for Membership from 2017 to 2023. He is also a Past President of the San Antonio Lodge.In his hometown of San Antonio, Kin serves as the Zoning Commissioner for the City of San Antonio’s District 6, representing 165,000 residents. He also sits on the Bexar County Civil Service Commission.A retired civil servant with over 35 years of service in the U.S. Department of the Air Force, Kin concluded his career in 2017 as Chief Engineer for four Air Force Cyber Weapon Systems. In that role, he led a team of more than 75 engineers and technical professionals developing and acquiring advanced cyber capabilities for the Air Force.Kin holds a Bachelor of Science in Electrical Engineering from the University of Houston, a Master of Arts in Management from Webster University, and was an Executive Fellow at the Woodrow Wilson School at Princeton University.In his remarks at the APA Justice monthly meeting on December 1, 2025, Kin offered a detailed overview of the organization’s 130-year history, its national footprint, and his vision for strengthening its role in the Chinese American community. Opening with characteristic humor—“As a good bureaucrat, I have to have PowerPoint slides, so please put up with that”—Kin set a collegial tone before walking the audience through C.A.C.A.’s mission: “to practice and defend Chinese American citizenship and to preserve our cultural and historical heritage, because without historical and cultural preservation, we are not a people.”Kin traced C.A.C.A.’s roots to 1895, when it was founded in San Francisco as the Native Sons of the Golden State. By 1915, it had reorganized under its current name and expanded nationally. He highlighted several moments of historic significance, including the organization’s advocacy for repealing the Chinese Exclusion Act, testimony before Congress in the 1940s, efforts that led to the War Brides Act and Chinese Alien Wives Act, and more recent achievements such as the 2012 Congressional Statement of Regret and the 2018 Congressional Gold Medal awarded to Chinese American World War II veterans. The medal project, Kin recalled, was a challenge—“It was during COVID, and we were having a very difficult time doing that”—but C.A.C.A. persisted and continues to locate families who were unaware of their eligibility.C.A.C.A. today includes 20 lodges and roughly 3,000 members, historically concentrated along the West Coast but growing rapidly in the South and Southwest. Kin emphasized that while the national board provides guidance and resources, “a lot of the work that’s being done is really at the lodge level.” His vision for the future focuses on restoring prominence, strengthening impact, and ensuring relevance nationwide. Conversations with community leaders, he noted, have helped sharpen that mission: “Not just for the C.A.C.A., but for the greater Chinese American community at large.”To support this vision, Kin outlined strategic goals: empowering lodges, improving messaging and partnerships, increasing membership, and defending birthright citizenship. Membership development will include a new pipeline, service recognition programs, and a youth advisory council—critical, he noted, because “we are all volunteers, with no paid staff, so we must appreciate every minute we get from volunteers.”On birthright citizenship, Kin recounted internal skepticism from some members who believed constitutional rights were secure. His response was grounded in risk management: “The risk may be low, but the severity is so high that we have to address it.” C.A.C.A. will establish a dedicated project team to prepare for and respond to potential policy threats.Kin concluded by reaffirming C.A.C.A.’s long-standing role and future direction: “I just want to introduce the organization…and give you a glimpse into what we are planning to do in the next two years.” He expressed gratitude for the chance to connect with allied organizations and strengthen shared commitments to civil rights, community empowerment, and cultural preservation.A summary of the APA Justice monthly meeting on December 1 is being prepared at this time. According to Reuters , the U.S. Supreme Court has agreed to decide the legality of President Trump’s directive to limit birthright citizenship. The policy, issued by executive order in January 2025, seeks to end automatic citizenship under the Fourteenth Amendment for children born in the United States to parents who are neither citizens nor permanent residents. Lower courts had blocked the order as likely unconstitutional, and a federal judge in New Hampshire certified a class action that prevented enforcement nationwide. On December 5, the Supreme Court granted review specifically in that class action case, setting the stage for oral arguments in the spring of 2026 and a likely decision by late June or early July. Hearing on Estate of Dr. Jane Wu v Northwestern University Scheduled The Cook County Circuit Court has scheduled a hearing for February 24, 2026, on the case of Estate of Dr. Jane Wu v Northwestern University (Case Number 2025L007963).According to the South China Morning Post , the family of Chinese American neuroscientist Dr. Jane Ying Wu (吴瑛) filed a civil lawsuit alleging Northwestern University discriminated against her during NIH- and China Initiative–related inquiries and that its actions contributed to her suicide in July 2024. The complaint claims the university marginalized Dr. Wu by shutting down portions of her lab, removing team members, restricting access to funding, and even having her taken to a psychiatric unit—despite the NIH ultimately clearing her. Northwestern denies the allegations and has moved to dismiss the case.Dr. Wu, a leading researcher on neurodegenerative diseases with more than $11 million in NIH funding, had her faculty webpages removed shortly after her death—an unusual step noted by colleagues. Her case echoes broader concerns surrounding NIH-backed foreign-interference investigations, which disproportionately affected Asian American scientists, many of whom suffered career damage without criminal charges.Read more about the story of Dr. Jane Wu: https://bit.ly/JaneWu Update from Advancing Justice | AAJC During the APA Justice monthly meeting on December 1, 2025, Joanna YangQing Derman , Director of Anti-Profiling, Civil Rights & National Security Program at Advancing Justice | AAJC, provided a policy update covering several key areas. She noted that AAJC continues to monitor developments related to the China Initiative and ongoing negotiations in the Commerce, Justice, and Science appropriations process, particularly with the extended January 30 deadline.On the National Defense Authorization Act (NDAA), Joanna reported that both chambers have passed their versions of the bill and that AAJC has submitted its official letter to House and Senate Armed Services leadership. She highlighted the Rounds Amendment (No. 3810) as a major area of concern because it would broaden Committee on Foreign Investment in the United States (CFIUS) reviews of foreign purchases of certain agricultural lands. She emphasized that AAJC is in active discussions with Congressional Asian Pacific American Caucus (CAPAC) and others on the Hill to ensure civil rights safeguards are reflected in the final bill.Joanna also addressed Texas Governor Greg Abbott’s recent proclamation labeling The Council on American-Islamic Relations (CAIR) a “foreign terrorist organization” and “transnational criminal organization.” She stressed that AAJC views this as “an attempt to weaponize state power against a religious minority” and is working with interfaith and civil rights partners to oppose discriminatory actions. She noted that CAIR has already filed a federal lawsuit in response.She closed by expressing AAJC’s appreciation for the APA Justice community and said the organization looks forward to sharing a full 2025 wrap-up in the new year. Politico : Judges Reject Mass Detention Policy According to Politico on November 28, 2025, federal judges nationwide are overwhelmingly rejecting the Trump administration’s new mass-detention policy, which mandates that nearly all immigrants in deportation proceedings be held without any opportunity to seek release. Since ICE abruptly implemented the policy on July 8, more than 225 judges in over 700 cases—across 35 states—have found the approach likely unlawful and a violation of due process. Notably, 23 Trump-appointed judges have ruled against the administration. Only eight judges have sided with the government.Courts have been flooded with emergency petitions from immigrants suddenly detained at workplaces, courthouses, or routine check-ins—many long-time residents with families, jobs, and pending legal claims. Judges have described the administration’s interpretation as extreme, illogical, and contrary to decades of precedent, warning that if upheld, the policy could subject millions of long-term residents to mandatory detention. Several courts have publicly noted the near-total consistency of rulings against the administration.Momentum is now building toward nationwide relief. Judges in Massachusetts and Colorado have certified class-action challenges, and a federal judge in California has approved a nationwide class that could require ICE to provide bond hearings to those covered by the new rules. Appeals courts have begun reviewing the issue, even as the administration pushes for rapid consideration in some circuits and delays in others. DHS continues to defend the policy as faithful to statutory text, blaming prior administrations for what it calls overly permissive practices.The dispute centers on two long-standing immigration provisions historically applied only to recent arrivals. For decades, long-term residents in deportation proceedings were eligible to seek bond before an immigration judge. The Trump administration upended that framework by redefining these residents as still “seeking admission,” stripping judges of authority to grant release. With the Board of Immigration Appeals now endorsing this view, federal courts have become the only avenue for relief—driving the nationwide wave of rulings rejecting the policy.Read the Politico report at https://politi.co/4q1yCRR . Rising Fear, Collapsing Courts: Inside Today’s Immigration Crisis In an opinion published by AsAmNews on November 25, 2025, Lily Chen , a first-generation immigrant who came to the U.S. 37 years ago, describes a growing sense of fear spreading through Chinese immigrant communities as Immigration and Customs Enforcement (ICE) arrests surge. She writes that friends now warn one another: “Be careful, know your rights, bring your IDs,” prompting her to carry her passport everywhere—not for travel, but out of fear. She notes that these anxieties are shared mostly within “Virtual Chinatown” WeChat groups, where “99% of immigrant Chinese Americans source their information.”Despite her professional roles as a public health nurse educator and film producer, Chen says this is the first time in nearly four decades that she feels “unsafe, worried, and angry all at the same time.” Her fear is deeply personal, recalling watching her father being handcuffed in China even though “He did not commit any crimes and was simply doing his job.” She connects that memory with new UCLA data showing arrests of Asian immigrants nearly tripled in early 2025—from under 700 in 2024 to almost 2,000 between February and May.As ICE operations expand into her own neighborhood in Cary, North Carolina—where she recently saw messages warning, “ICE is currently at a crossroads, Cary. Here is what you need to do today…”—Chen questions how long immigrants must live with this fear. She concludes by asserting her responsibility to speak out, emphasizing that “The immigrant story IS the American story.”According to Border Report on November 24, 2025, a new Migration Policy Institute (MPI) brief warns that migrant communities are experiencing unprecedented fear and instability under the Trump administration, as immigration courts collapse under record backlogs. Enforcement spending has surged while funding for courts and legal aid remains minimal, leaving asylum seekers waiting up to four years for hearings and increasingly too afraid to appear because ICE now arrests people at courthouses and check-ins. MPI reports a backlog of 3.8 million cases—two-thirds involving asylum—compounded by Congress capping the number of immigration judges at 800 and the administration firing or pushing out at least 139 judges. The brief recommends shifting resources from enforcement to adjudication, allowing asylum officers to handle new asylum claims, prioritizing serious cases, expanding technology, and increasing legal representation.Former immigration judge Kyra Lilien described an atmosphere of fear and chaos before her unexplained firing in July. She recounted 50–60-person hearings, migrants fainting as relatives were detained, ICE officers in tactical gear hiding in stairwells, and protesters clashing with ICE outside the courthouse. Detentions in and around courts caused appearance rates to plummet from 85% to 30%. Judge Lilien criticized the structural flaw that immigration courts are housed within the Department of Justice—placing judges and prosecutors under the same authority—and endorsed MPI’s call for institutional reform and greater resources. Advocates in Texas echoed concerns about escalating arrests, family separations, and the growing difficulty of providing legal representation amid expanding detention.On December 1, 2025, Bloomberg Law reported that former immigration judge Tania Nemer has filed what appears to be the first federal lawsuit by an immigration judge against the Trump administration ( Nemer v. Bondi (1:25-cv-04170) , alleging she was unlawfully fired from the Cleveland immigration court. Judge Nemer—a Lebanese American woman who was still in her two-year probationary period—claims the Justice Department discriminated against her based on sex and national origin, noting that two male, non-Lebanese probationary judges were retained. She also alleges retaliation for her prior run for local office on a Democratic Party ticket, asserting a violation of her First Amendment rights.Since early December, the immigration system has come under even greater strain: · New York immigration courts suffered another wave of judge firings, with at least eight judges terminated in one week, according to ABC News . Some courts have lost more than 25% of their judges—deepening delays and weakening due process for asylum seekers. · According to the Los Angeles Times , immigrants who have won their cases or received court orders for release are still being held in detention, as ICE continues to pursue aggressive deportations even after legal victories—raising constitutional and separation-of-powers concerns. · A UCLA School Climate Survey reported by The Guardian finds immigration raids are creating a “culture of fear” among students. Over 70% of high school principals observed increased bullying, absenteeism, and trauma among immigrant and Asian American students tied to enforcement operations. · A December 11 Reuters investigation revealed ICE has begun using family separation threats, prolonged detention, and criminal prosecution to pressure migrants into accepting deportation, prompting legal advocates to warn that due-process protections are being eroded in unprecedented ways. Together, these developments underscore a rapidly intensifying immigration crisis: rising community fear, collapsing courts, unprecedented enforcement pressure, and a growing sense that long-standing norms of fairness and due process are breaking down. News and Activities for the Communities 1. APA Justice Community Calendar Upcoming Events: 2026/01/05 APA Justice Monthly Meeting2026/01/13 Conversations, Recollections, Pioneers and Heroes: Leroy Chiao 2026/01/29-30 The Jimmy Carter Forum on U.S.-China Relations2026/02/02 APA Justice Monthly Meeting Visit 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 December 12, 2025 Previous Newsletter Next Newsletter

Newsletter - #38 Science Role Elevated; Anti-Racial Profiling; MIT Professor; Insurrection; More #38 Science Role Elevated; Anti-Racial Profiling; MIT Professor; Insurrection; More Back View PDF January 18, 2021 Previous Newsletter Next Newsletter