Newsletter - #268 Franklin Tao Speaks; Brain Drain; Research Collaboration Decline; Sheila Jackson Lee + #268 Franklin Tao Speaks; Brain Drain; Research Collaboration Decline; Sheila Jackson Lee + In This Issue #268 · The Injustice and Ordeal of Professor Feng "Franklin" Tao · Reverse Brain Drain? Exploring Trends among Chinese Scientists in the U.S. · Nature : China–US research collaborations are in decline · Remembering Sheila Jackson Lee · News and Activities for the Communities The Injustice and Ordeal of Professor Feng "Franklin" Tao On July 11, 2024, Professor Feng "Franklin" Tao was cleared of the final charge against him under the now-defunct China Initiative. He and his wife have accepted an invitation to speak at the next APA Justice monthly meeting on August 5, 2024.Professor Tao was the first academic scientist indicted under the China Initiative on August 21, 2019. As a tenured associate professor at the Kansas University (KU), he conducted research on fundamental studies of catalysis for chemical transformation, promotion of energy efficiency, and environmental sustainability. On June 24, 2020, the government charged him with a second superseding indictment, bringing the total to ten counts including wire fraud and false statements against Professor Tao. These charges were unrelated to espionage or the transfer of sensitive information to China.The case against Professor Tao started from fabricated allegations by a disgruntled visiting scholar. After failing to extort Professor Tao for $300,000, she later admitted to the FBI that she had hacked into his email account to fish for "evidence" and then used phony aliases to submit fabricated complaints to both KU and the FBI.Before the jury trial, the government voluntarily dropped two charges. The trial on the remaining eight counts began on March 21, 2022. The jury acquitted four counts and convicted him on the other four counts. On September 20, 2022, U.S. District Court Senior Judge Julie Robinson acquitted the three wire-fraud counts. Only a false statement count was left. On January 18, 2023, Judge Robinson sentenced Professor Tao to no jail time, no fine, and two years of probation for the remaining false statement conviction. The district court terminated the probation early in February 2024.Professor Tao appealed the conviction of the last count in February 2023. On July 11, 2024, the 10th Circuit Appeals Court ruled in a 2-1 vote that reversed the conviction of making a false statement, clearing all charges imposed on Professor Tao.The acquittal of the last of the 10 original charges marked the end of Professor Tao's five-year ordeal of criminal persecution, initiated by racial profiling under the China Initiative. Despite not being tried for espionage or the transfer of sensitive information to China, his faculty position was terminated in January 2023. He expects KU should reinstate him.While Professor Tao's innocence has now been confirmed, the process has had a tremendous impact on his finances, career, reputation, and family.APA Justice has closely tracked Professor Tao's case from the beginning. The Asian American communities were mobilized to fully support Professor Tao.The media was engaged. Amicus brief was submitted. Funds were raised for his legal defense. Turnout rallies were organized.APA Justice has compiled the details of Professor Tao's ordeal into a web page. It is still a work in progress, but it is available for public review here: https://bit.ly/3y8SBsm . If you wish to attend the August 5 APA Justice monthly meeting or provide feedback to the web page, please send a message to contact@apajustice.org . 2024/07/23 Press Conference on Professor Franklin Tao WHAT: Press Conference WHO: Professor Franklin Tao, his wife, his lawyer, Peter Zeidenberg, Members of Congress, representatives from Asian American civil rights and scientific organizations WHEN: July 23, 3:00 pm to 3:30 pm ET WHERE: Cannon House Office Building, Room 454, Capitol Hill, Washington DC Reverse Brain Drain? Exploring Trends among Chinese Scientists in the U.S. According to an update by the Stanford Center on China's Economy and Institutions (SCCEI) on July 15, 2024, along with native-born Chinese Americans, Chinese immigrants have become a large and visible demographic group in American science, technology, and engineering. However, the pressure of potential federal investigations since the 2018 launch of the "China Initiative" by the U.S. Department of Justice has provided scientists of Chinese descent in the U.S. with higher incentives to leave and lower incentives to apply for federal grants.While most China-born, U.S.-based scientists intend to stay in the U.S., the number leaving has steadily increased. After the Department of Justice implemented the "China Initiative" in 2018, departures increased by 75%, with two-thirds of the relocated scientists moving to China.Surveyed scientists of Chinese descent in the U.S. report anxiety and new difficulties in pursuing their research, with 61% considering leaving the U.S. and 45% avoiding federal grant applications.The update says U.S. science will likely suffer given the loss of scientific talent to China and other countries. Read the SCCEI update: https://stanford.io/3zQOf9P . Nature : China–US Research Collaborations are In Decline According to Nature on July 19, 2024, scientists have been warning that political tensions between China and the United States, combined with the pandemic, have affected research collaborations between the two countries. But it takes time for evidence of this sort of decline to accumulate in research databases. The latest evidence comes from an analysis conducted by Springer Nature ’s team in China. They found that in 2022, the total number papers co-authored by researchers from China and their international peers declined for the first time since 2013.The proportion of research papers with Chinese and international co-authors has been falling for even longer. At its peak, in 2018, 26.6% — roughly 110,000 articles — of China’s output in the InCites database was co-authored with international colleagues. By 2023, the proportion of the country’s articles with international peers had dropped by 7.2%, despite China’s overall number of articles almost doubling to 759,000 over the same period.The drop in internationally co-authored papers is mainly due to China’s declining share of papers published with US researchers, which fell by 6.4% between its peak in 2017 and 2023 — the largest decline of any country included in the analysis. The findings were presented at the Zhongguancun Forum in Beijing on April 25.The decline in US-China collaborations echoes findings from a 2022 analysis conducted for Nature, which found that the number of researchers with dual US and China affiliations on research articles in Elsevier’s Scopus database had fallen by more than 20% between 2019 and 2021. The crackdown under the China Initiative resulted in several scientists being arrested over their ties to collaborators or institutions in China, and has stoked fear among researchers of Chinese descent. Since then, the US government has adopted a range of policies focused on tightening research security. And in July 2023, the Chinese government implemented its revised counter-espionage law, which broadened the definition of what constitutes spying.The crackdown on perceived foreign interference in both the United States and China is making researchers more cautious about collaborating. Restrictive policies and the climate of fear could end up driving talent away from certain countries and fields, leading to a “brain drain and a loss of valuable human capital.” The faltering collaborative ties between the United States and China could also result in the countries pursuing the same types of research separately, increasingly prioritize domestic interests over international cooperation, which could make scientific research a more nationalistic endeavor.Read the Nature report: https://go.nature.com/4cP5h6O . Remembering Congresswoman Sheila Jackson Lee Texas congresswoman Sheila Jackson Lee (pictured in red above) died in Houston on July 19, 2024, at the age of 74. Rep. Sheila Jackson Lee was a force in American politics. Born in Queens, New York, she was appointed a municipal court judge in Houston in 1987. She won a place on Houston's City Council two years later. In 1994, she defeated incumbent Congressman Craig Washington in the primary for a solidly Democratic seat. She won the general election that November. She was only the fourth member to represent the district since it was redrawn to represent Houston, following Barbara Jordan , Mickey Leland , and Washington. She wound up holding it for nearly 30 years, longer than all three of her immediate predecessors combined.Rep. Sheila Jackson Lee was a local, national and international humanitarian, who fought for racial and criminal justice. She was a fierce champion of the peopleIn March 2020, Rep. Sheila Jackson Lee expressed outrage at the uptick in violence against Chinese Americans and pleaded for the President to cease and desist from calling the Coronavirus the Chinese Virus. "Violence directed against individuals on the basis of their race, religion, national origin, gender, or sexual orientation is disturbingly prevalent -- and poses significant threats to the Chinese American community during this worldwide pandemic. Domestic terrorism is growing, and these words and attacks only create increasing fear in a time when our nation should be unified and stand together," she said in statement. On February 11, 2023, Rep. Sheila Jackson Lee wore the "We Belong" Yellow Whistle and joined hundreds of protesters marching through Houston's Chinatown in opposition to SB 147 - a proposed law that would prohibit Chinese citizens from owning property in Texas. She carried the banner with Texas Representative Gene Wu , Congressman Al Green , and Houston Mayor Sylvester Turner , insisting to complete the entire march. Rep. Sheila Jackson Lee also spoke on the stage . "No to SB 147, because the Statue of Liberty has not fallen, and the American flag is still standing," she said. "Stop the Asian hate. Stand for the American flag."We mourn the passing of Rep. Sheila Jackson Lee and the loss of a true friend of the Asian American community. News and Activities for the Communities 1. APA Justice Community Calendar Upcoming Events: 2024/07/23 Press Conference on Professor Franklin Tao2024/07/25-28 Leadership Convention by NAAAP (National Association of Asian American Professionals) 2024/07/27-28 Asian American Pioneer Medal Symposium and Ceremony2024/08/04 Rep. Gene Wu's Town Hall Meeting2024/08/05 APA Justice Monthly Meeting2024/08/19 DNC Convention, AAPI Briefing & Reception, Chicago, IL2024/09/01 Rep. Gene Wu's Town Hall Meeting2024/09/19-20 AANHPI Unity SummitThe Community Calendar has moved. Visit https://bit.ly/3XD61qV for event details. Back View PDF July 23, 2024 Previous Newsletter Next Newsletter

Newsletter - #241 C100 Activities; Florida SB 264 Hearing; AANHPI Education Summit; Officer Angwang; + #241 C100 Activities; Florida SB 264 Hearing; AANHPI Education Summit; Officer Angwang; + In This Issue #241 · Committee of 100 Activities and Annual Conference/Gala · Appeals Court Hearing on Florida Alien Land Law SB264 · 2024 AA and NHPI Higher Education Leadership Development Summit · Update on NYPD Officer Angwang · News and Activities for the Communities Committee of 100 Activities and Annual Conference/Gala During the APA Justice monthly meeting on March 4, 2024, Cindy Tsai , Interim President and Executive Director, Committee of 100 (C100), reported on four primary C100 activities in addition to various ongoing collaborative activities with Asian American and other communities: · Interactive Map on Alien Land Bills. C100 has been tracking all the 2023 bills by state at https://bit.ly/3Hxta4B . It is currently in the process of creating another layer for the 2024 legislative session. With the basic structure in place, it is a matter of visualizing the data in an interactive map. Cindy emphasizes that while the national organizations are keeping an eye on these developments, it truly is those who are on the ground that will hear about it first. So as you hear about things that are coming out of your state, please share and verify with C100, which will in turn share it with the communities. C100 researcher Sam Collitt can be reached at scollitt@Committee100.org . · AAPI History and K-12 Curricula. C100 has in the last 2 years tracked and updated state-by-state analysis state bills that are available tools for the AAPI community to use as they advocate for AAPI education in schools. You do not need to have a stand-alone AAPI curriculum mandate to advocate to your school district for that type of education curriculum. Additionally, C100 converted its 2018 report on t he contributions of Chinese Americans into 5 middle school lesson plans. C100 is organizing teacher workshops over the summer. If you have interest in this area, please reach out to Cindy. C100 would love to provide these free materials to educators. · Next Generation Leaders Service Project. On March 6, C100 hosted a virtual webinar titled Breaking Career Ceilings and Feeling Comfortable in Your Own Skin. It was led by the C100 Next Generation Leaders Class of 2023. As a community, some of our parents taught us to keep our head down and assimilate. We are now seeing a new generation of people saying: I want to be the authentic me and still achieve and break the glass ceiling. · 2024 Annual Conference and Gala. The C100 annual conference and gala will be held in New York City on April 19, 2024. This year, C100 is doubling the number of curated sessions with three general sessions and two concurrent tracks — one on U.S.-China related topics and the other on key domestic AAPI issues —and will include more than 50 guest speakers, panelists and keynotes. The event will be topped off with a black-tie Gala celebrating the achievements and accomplishments from those in and around the AAPI community. For more information and registration, visit https://bit.ly/4ccKQkj Cindy can be reached at ctsai@committee100.org . A summary of the March 4 APA Justice monthly meeting is in progress. General Session · Debate: Will and Should Corporate DEI Activities Suffer the Same Fate as Affirmative Action? · The 2024 Elections and Their Impact on Asian Americans · Charting New Paths: Innovative Solutions to Asian American Issues Asian American Issue Track · Asian American Awareness Through Education · The Impact of U.S.-China Tensions on Asian Americans in Government · Asian American Career Ceilings – Findings and Solutions · AAPI Community Response to Rising Anti-Asian Hostility · U.S. National Defense Policies - Impact on Asian Americans and U.S. Competitiveness U.S.-China Issues Track · Perspectives on China by Former U.S. Ambassadors · Will the Chinese Economy Stagnate Like Japan's Did? · Foreign Direct Investment – Both Ways – What is Happening and Why? · U.S.-China Tech and Industrial Rivalry · Diplomacy Through Food and Culture Appeals Court Hearing on Florida Alien Land Law SB264 Following its ruling to temporarily halt the enforcement of the Florida alien land law known as SB 264 against two Chinese immigrants on February 1, 2024, the U.S. Court of Appeals for the 11th Circuit will hold hearings in Miami, Florida, in the morning of April 19, 2024. It is one of three cases that will be heard by a three-judge panel. Location of the hearing is James Lawrence King Federal Justice Building, 13th Floor, 99 NE 4th St, Miami, FL 33132. The hearing is open to the public.Read the docket of the civil lawsuit of Shen vs Simpson: https://bit.ly/43idmvB . Read the ACLU statement on the February 1 Appeals Court decision: https://bit.ly/3Utx0Ub 2024 AA and NHPI Higher Education Leadership Development Summit WHAT : 2024 AA and NHPI Higher Education Leadership Development Summit WHEN: April 2, 2024, 8:30 am - 7:30 pm Pacific Time WHERE: In-person event, University of California, Berkeley - Martin Luther King Jr. Building, 2495 Bancroft Way Berkeley, CA 94704 HOSTS: White House Initiative on AA and NHPI; U.S. Office of Personnel Management DESCRIPTION: The one-day summit will focus on cultivating and transforming leaders in their careers within the higher education space. Together, we will engage in curated professional development topics that address challenges that Asian Americans, Native Hawaiians, and Pacific Islanders (AA and NHPIs) face in the higher education workplace, and bring together a rich community of administrators, staff, and faculty who are leading by example – whether it be as part of an Asian American and Native American Pacific Islander-Serving Institution (AANAPISI), Alaska Native and Native Hawaiian-Serving Institution (ANNHSI), or at other degree-granting institutions (including trade and technical schools). REGISTRATION: https://bit.ly/3Vncrco Update on NYPD Officer Angwang According to a report by Documented on March 13, 2024, Baijmadajie Angwang , a New York Police Department (NYPD) officer and ethnic Tibetan immigrant from China, was fired by NYPD on January 29, 2024.Angwang’s case is part of a wave of prosecutions of Chinese immigrants living in the U.S. under the umbrella of the now-defunct "China Initiative," the first country-specific enforcement program in the history of the Department of Justice (DOJ). It targeted mainly scholars and scientists and had gained a reputation for being racially biased and ineffective. An analysis by the MIT Technology Review at the end of 2021 found that only about a quarter of the defendants were charged for violations against the Economic Espionage Act, while many others faced integrity issues, such as failing to reveal their affiliations with research institutes in China in grant applications. On September 21, 2020, a handful of FBI agents pointed M4 rifles at Angwang's head and handcuffed him in front of his wife and 2-year-old daughter at his home on Long Island. He spent six months in solitary confinement at the Metropolitan Detention Center in Brooklyn, where he was only allowed two individual one-hour meetings with his family and lawyer.In January 2023, after Angwang's lawyer John Carman reviewed classified evidence at the U.S. district court in Brooklyn, prosecutors abruptly dropped the charges against Angwang. The dismissal came with a vague note citing newly discovered evidence.Carman, expressing skepticism, believed Angwang's ethnicity played a role in his arrest, noting the weak evidence against him. As a defense lawyer for nearly 30 years, Carman has observed an increase in Chinese clients in federal criminal cases over the past five years. NYPD continued its internal investigation against Angwang based on the dropped federal charges, and, later, terminated his employment. “Most internal investigations based on court cases would be dropped after the court cases are dismissed,” said Angwang, who worked as a community affairs officer at the 111th precinct in Queens before he was arrested. “It’s hard to believe in the city most welcoming to immigrants, they’d treat a new immigrant cop like me in this way.” He had also served as a US Marine in Afghanistan. “The financial burden, the toll on your mental health. Even when your charges are dropped, the impact on your family and your career is far from over,” said Haipei Shue , president of United Chinese Americans, a civil rights organization that has supported Chinese scientists.The NYPD official file on Angwang's termination is posted here: https://bit.ly/3THjLOX .Angwang's termination by the NYPD has not been reported by mainstream media. Read the Documented report: https://bit.ly/3TkslSl . Read Anywang's story: https://bit.ly/3RIqXId . News and Activities for the Communities 1. APA Justice Community Calendar Upcoming Events: 2024/03/24 Committee of Concerned Scientists Annual Meeting 2024/03/25 C100: Asian American Career Ceiling Challenges in Broadcast News2024/03/26 Rally Opposing Florida SB 8462024/03/28 CSIS: U.S.-China Scholarly Recoupling: The Path Forward2024/04/02 2024 AA and NHPI Higher Education Leadership Development Summit2024/04/07 Rep. Gene Wu's Town Hall Meeting2024/04/08 APA Justice Monthly MeetingVisit https://bit.ly/45KGyga for event details. 2. CSIS: U.S.-China Scholarly Recoupling: The Path Forward WHAT: U.S.-China Scholarly Recoupling: The Path Forward WHEN: March 28, 2024, 9:00 - 10:00 am Eastern Time WHERE: WebcastHOST: Center for Strategic and International StudiesMODERATOR: Scott Kennedy, Senior Adviser and Trustee Chair in Chinese Business and Economics, CSISPANELISTS: · Scott Rozelle, Co-Director, Stanford Center on China's Economy and Institutions · Deborah Seligsohn, Assistant Professor, Villanova University · Yu Tiejun, President, Institute of International and Strategic Studies, Peking University · Xie Tao, Dean and Professor, School of International Relations and Diplomacy, Beijing Foreign Studies University · Zhang Ran, Associate Professor, Peking University DESCRIPTION: Over the last two years, the Trustee Chair has led an initiative to avoid U.S.-China scholarly decoupling and restore ties amongst scholars, students and institutions. In 2023, CSIS and Peking University co-hosted a pair of conferences with participation from leading experts from both countries that examined the obstacles to scholarly ties and steps that could be taken to overcome these challenges and create a stronger foundation for renewed ties. This event centers around the release of a major report with contributions from over two dozen of the project participants. REGISTRATION: https://bit.ly/4aaCKGV 3. Racially Profiled for Being A Scientist: A Discussion of the US DOJ's China Initiative WHAT: Racially Profiled for Being A Scientist: A Discussion of the US DOJ's China Initiative WHEN: April 17, 2024, 4:30 - 6:00 pm Eastern Time WHERE: In-person event; Press Hall, 1st floor lobby, New York University HOST: New York University Steinhardt School of Culture, Education, and Human DevelopmentMODERATOR: Hua-Yu Sebastian Cherng, Vice Dean for Research and Equity, NYU SteinhardtPANELISTS: · Daniel Tam-Claiborne, Executive Director, Serica Initiative · Gisela Perez Kusakawa, Executive Director, the Asian American Scholar Forum · Frank Wu, President, Queens College DESCRIPTION: A discussion of the China Initiative, a Trump-era - but potentially revived - effort "inciting widespread fear of racial profiling for Asian Americans across the country." REGISTRATION: https://bit.ly/3THMOlt 4. Serica Initiative: AAPI Women's Gala 2024 WHAT: AAPI Women's Gala 2024 WHEN: May 14, 2024 WHERE: In-person event, Tribeca 360, New York City HOST: Serica Initiative DESCRIPTION: An event that celebrates the remarkable journeys of women who embody the essence of our theme, "Strength Unveiled: A Celebration of Women's Success Through Resilience and Perseverance." It honors the achievements of women with significant ties to Asia—be they from the AAPI community, other parts of Asia, or those who have significantly contributed to bridging cultures and fostering inclusion across continents. REGISTRATION : https://bit.ly/3PxI4fJ 5. Lunar New Year A Holiday In The State Of Washington According to Seattle Times , Governor Jay Inslee signed legislation on March 13, 2024, officially making Lunar New Year a recognized legislative holiday in the state of Washington. The bill’s sponsor, State Representative My-Linh Thai , D-Bellevue, proposed it as part of an effort to promote inclusion of Asian Americans earlier this year. The bill passed the House on January 31 with a vote of 96-1 and on February 28 it unanimously passed the Senate with a 96-0 vote. Washington now joins Colorado and California , which mark Lunar New Year as an official, but unpaid, holiday. In recent years, New York state and Philadelphia began recognizing it as a public school holiday, and U.S. Rep. Grace Meng , D-N.Y., reintroduced a proposal to make Lunar New Year a federal holiday . Lunar New Year celebrations include Tết in Vietnam, Seollal in Korea and Spring Festival in China. Because the holiday is based on the lunar calendar, it does not fall on a set day and floats between January and February. Lunar New Year is generally a 15-day celebration. More than 900,000 Washingtonians identify as Asian, about 12% of the state’s population and about 20% of King County’s population, according to 2020 census data. Read the Seattle Times report: https://bit.ly/3PtCY3Y Back View PDF March 20, 2024 Previous Newsletter Next Newsletter

NIH's "China Initiative" WELCOME WELCOME WELCOME WELCOME WELCOME WELCOME WELCOME WELCOME WELCOME WELCOME WELCOME WELCOME WELCOME WELCOME WELCOME WELCOME WELCOME WELCOME WELCOME WELCOME WELCOME WELCOME WELCOME WELCOME Filter by Title Select Title Go Go Prev Next On February 23, 2022, the Department of Justice announced the formal end of the “China Initiative,” concluding that there was merit to some of the criticism from Asian Americans and from universities that the program was not only fueling discrimination but was also harming efforts to attract top talent and to pursue cutting edge research. NIH’s “China Initiative” would continue without a similar announcement. However, in or around August 2022, NIH began an online report on “outcomes of NIH Foreign Influence Cases.” As of June 9, 2024, the annual number of NIH cases shows a similar pattern to DOJ’s “China Initiative,” with a sharp drop-ff after 2022. NIH did not report the number of cases prior to the launch of DOJ’s “China Initiative” in 2018. 2022/03/23 NIH’s “China Initiative” Continues Add paragraph text. Click “Edit Text” to customize this theme across your site. You can update and reuse text themes. Timeline Contents

Am I required to answer? Mostly, no. You are generally not required to answer FBI or police questions (except, e.g., if you are asked for identification while driving a vehicle). Do I have the right to consult an attorney first? Yes. You have a right to talk to an attorney. If an FBI agent or police officer asks to speak to you, tell him or her that you want to consult with an attorney first. If you want to talk to the FBI or police, your attorney can respond on your behalf to set up an interview. Can information I give to the FBI without an attorney be harmful? Yes. ANY information you give to an officer without an attorney, even if it seems harmless, can be used against you or someone else. Lying to a federal officer is a crime. Remaining silent is NOT a crime (except in limited situations when you can be required to identify yourself). Am I required to allow the officer into my home? You are NOT required to allow the officer into your home without a warrant. Ask to see the warrant. If the officer does not have one, you do not have to let him/her into your home. However, do not try to stop him/her if he forces his way into your home or office. Simply state that they do not have your permission to enter. Do I have the right to see a warrant if the officer says that they have one? Yes. If the officer says that they have a warrant for your arrest, you have a right to see the warrant. You must go with the officer, but you do not have to answer questions until you consult an attorney. What should I do if I am detained? If you are detained, you should ask for an attorney and remain silent. What are my rights at the airport? Learn about your rights at the airport here . Questioned by the FBI or police? This is a letter to persons who believe they might be contacted by their employer, a funder, or government officials regarding their relationship to the People’s Republic of China. This includes, for example, university professors who have received grants to support their academic activities; researchers in STEM fields working in the private sector; civil servants; and even U.S. military personnel. It also includes individuals regardless of citizenship; holding a green card, having naturalized, or even being a native-born citizen will not protect you from potential problems. The most important message here is: if you have any concerns at all, you should consult with a lawyer as soon as possible, preferably one with specialized expertise. Read full letter Why you need a lawyer Frank H. Wu President Designate, Queens College, The City University of New York KNOW YOUR RIGHTS The FBI and other agencies have been questioning people across the country based on their First Amendment activity and on their race, ethnicity or national origin. Protect yourself by knowing your rights. Learn more Read Frank Wu's letter

Newsletter - #193: 7/3 Meeting; Affirmative Action; Florida Law; Pew Study; Rice Names AVPs; More #193: 7/3 Meeting; Affirmative Action; Florida Law; Pew Study; Rice Names AVPs; More In This Issue #193 REMINDER: 2023/07/03 APA Justice Monthly Meeting Affirmative Action in College Admissions: What Have We Won? What Have We Lost? DOJ Says Florida Law is Unconstitutional Relatively Few Asian Americans Say They’re Well-informed About Asian History In The U.S. Rice University Names AVPs for Research Security, Technology Transfer News and Activities for the Communities Back View PDF July 3, 2023 Previous Newsletter Next Newsletter

Newsletter - #239 3/4 Monthly Meeting; China Initiative; Anti-China Academic Panic; US-China STA; More #239 3/4 Monthly Meeting; China Initiative; Anti-China Academic Panic; US-China STA; More In This Issue #239 · 2024/03/04 APA Justice Monthly Meeting · Second Anniversary of Termination of the China Initiative · "The Anti-China Academic Panic is Hurting America" · US-China Science and Technology Cooperation Agreement · News and Activities for the Communities 2023/03/04 APA Justice Monthly Meeting The next APA Justice monthly meeting will be held via Zoom on Monday, March 4, 2024, starting at 1:55 pm ET. In addition to updates by Nisha Ramachandran , Executive Director, Congressional Asian Pacific American Caucus (CAPAC); Joanna YangQing Derman , Director, Advancing Justice | AAJC; and Gisela Perez Kusakawa , Executive Director, Asian American Scholar Forum (AASF), invited and confirmed speakers are: · Arati Prabhakar (invited), Director, Office of Science and Technology Policy (OSTP), The White House · Cindy Tsai, Interim President and Executive Director, Committee of 100 · X. Edward Guo, President, Asian American Academy of Science and Engineering (AAASE); Professor of Biomedical Engineering and Department Chair, Columbia University The virtual monthly meeting is by invitation only. It is closed to the press. If you wish to join, either one time or for future meetings, please contact one of the co-organizers of APA Justice - Steven Pei 白先慎, Vincent Wang 王文奎, and Jeremy Wu 胡善庆 - or send a message to contact@apajustice.org . AAU Letter to OSTP Director Arati Prabhakar On February 14, 2024, the White House Office of Science and Technology Policy (OSTP) announced the release of two memoranda aimed at supporting a secure and fair research ecosystem in the United States: 1. On Policy Regarding Use of Common Disclosure Forms , OSTP outlines guidelines on the use of common disclosure forms for federal agencies to use when evaluating proposals. These will help the government identify conflicts of commitment and potential duplication with the work of foreign governments. 2. On Guidelines for Federal Research Agencies Regarding Foreign Talent Recruitment Programs , the OSTP guidance provides a definition of foreign talent recruitment programs, guidelines for federal employees regarding foreign talent recruitment programs, and guidelines for individuals involved in malign foreign talent recruitment programs in federal projects. During the House Committee on Science, Space and Technology hearing on February 15, 2024, a letter from the Association of American Universities (AAU) to OSTP Director Arati Prabhakar was submitted for record. This is a link to the AAU letter: https://bit.ly/49qi2CV Second Anniversary of Termination of the China Initiative February 23, 2024, marks the second anniversary of the termination of the China Initiative. The Congressional Asian Pacific American Caucus (CAPAC) issued a statement applauding the anniversary. Prior to the program’s termination, Members of the CAPAC met with Department of Justice and Federal Bureau of Investigation officials to express concerns about the program, including its use of racial profiling and the resulting harms it caused the Asian American community. CAPAC Chair Rep. Judy Chu , First Vice-Chair Rep. Grace Meng , Whip Rep. Ted Lieu , and members Rep. Pramila Jayapal , Rep. Andy Kim , Rep. Jamie Raskin , and Rep. Linda Sánchez commented on the anniversary. Read the CAPAC statement: https://bit.ly/49p3DHl In a separate statement, the Asian American Scholar Forum (AASF) remarked that the termination of the China Initiative is "a critical step in the right direction to addressing serious concerns of racial profiling and discrimination against Asian American scholars, particularly those of Chinese descent. While a crucial step, we must remain vigilant and work to ensure the ‘China Initiative’ is not reinstated. AASF, along with coalition partners, had been at the forefront of successful advocacy efforts to end the ‘China Initiative’, ensuring that the Asian American scholar community had a seat at the table and lifting their voices. Most recently, AASF led with coalition partners of nearly 50 organizations in opposing a recent proposal to reinstate it in the House version of the Fiscal Year (FY) 2024 Commerce, Justice, Science, and Related Agencies (CJS) Appropriations bill, H.R.5893." Gisela Perez Kusakawa , AASF Executive Director, Dr. Yasheng Huang , AASF Founding President, and Dr. Kai Li , AASF Founding Vice President, commented in the statement. Read the AASF statement: https://bit.ly/49HsHJX "The Anti-China Academic Panic is Hurting America" In an opinion published by The Hill on February 16, 2024, Princeton University Professor Rory Truex highlights the case of a Chinese Ph.D. student with pseudonym " Meng Fei ," who faced detention and deportation upon returning to the U.S. Despite having valid visas and no ties to espionage, Meng and other Chinese students were subjected to suspicion and exclusion under policies like Trump-era Presidential Proclamation 10043. The author argues that such treatment mirrors authoritarian tactics and undermines America's competitiveness in science and technology.The now-defunct "China Initiative" aimed at combating intellectual property theft. "FBI field offices were instructed to go out and find cases of Chinese espionage on American campuses, and FBI Director Christopher Wray began touting the number of ongoing investigations. But these cases rarely produced evidence of actual espionage, instead centering around fraud, often when U.S.-based researchers failed to properly disclose affiliations with Chinese entities on federal grant forms," Professor Truex opined, "But fraud is not espionage. And after three years of unfettered investigations, the China Initiative only turned up a handful of cases of anyone actually stealing something on a university campus. The narrative that 'Chinese students and scientists are nefarious spies' was a bust." Yet, it perpetuated a harmful narrative of Chinese students and scientists as spies. While the initiative was rolled back due to pushback from the scientific community, there are efforts to revive it in Congress, as well as the enactment of a Florida law restricting collaboration with Chinese institutions. Professor Truex emphasizes the importance of Chinese students to the U.S. research enterprise, citing their significant contribution to doctoral degrees in science and engineering and their retention in the American workforce. He concludes by saying, "our national overreaction to the 'threat' of Chinese scientists should be considered one of the most inhumane and counterproductive policies of this new era of U.S.-China strategic competition. Unless we change the narrative and treat Chinese students and scientists with respect, America will simply be pushing them away, harming our own interests and accelerating China’s scientific development." Read Professor Truex's The Hill opinion: https://bit.ly/3SUPzhE US-China Science and Technology Cooperation Agreement On February 27, 2024, after six month extension by the Biden Administration in August, the US-China Science and Technology Agreement (STA) is set to expire. Nature has reported that while both sides would like to renew the agreement, it may once again delayed to settle new terms and conditions requested by both sides.On February 14, 2023, the US-China Perception Monitor conduced an interview with Dr. Denis Simon to discuss the past, the present, and the future of the STA. Dr. Simon is an American scholar who has studied and shaped the agreement since its initial signing. He talked about the agreement’s strengths, weaknesses, and impacts since 1979. Serving in roles such as Executive Vice Chancellor of Duke Kunshan University and Director of Penn State’s Program on U.S.-China Technology, Economic and Business Relations, Dr. Simon has both led and lived U.S.-China cooperation initiatives. He explains the possible actions the Biden administration can take and warns of their consequences otherwise.Read the US-China Perception Monitor report: https://bit.ly/49QPsL3 News and Activities for the Communities 1. APA Justice Community Calendar Upcoming Events: 2024/02/27-28 President's Advisory Commission on AA and NHPIs Meeting and Solicitation for Oral and Written Comments2024/02/28 WHI: Community Engagement Event2024/02/28 Maryland Ways and Means Committee Hearing on HB 13632024/02/29 CAMDC Deadline for Essay Contest2024/03/03 Rep. Gene Wu's Town Hall Meeting2024/03/04 APA Justice Monthly Meeting2024/03/24 Committee of Concerned Scientists Annual Meeting Visit https://bit.ly/45KGyga for event details. 2. Maryland Ways and Means Committee to Hold Hearing on HB 1363 On February 28, 2024, starting at 1 pm ET, the Ways and Means Committee of the Maryland State Assembly will hold a hearing on House Bill (HB) 1363 titled "Education - Public Schools - Asian American History Curriculum Requirement." According to LegiScan , this is a summary of HB 1363: "Requiring the State Board of Education to develop curriculum content standards for a unit of instruction on Asian American history in public schools in the State; requiring each county board of education to implement the Asian American history curriculum content standards in each public school in the county beginning in the 2025-2026 school year; and requiring each county superintendent of schools to ensure compliance with the Act." The bill is sponsored by Delegates Kriselda Valderrama and Chao Wu . Maryland residents may testify in person or via zoom, or submit written testimony. They must register to testify on Monday, February 26 between 8:00am and 6:00pm on the My MGA page. These are two helpful videos to help with the process: · How to Create and Use My MGA Account: https://www.youtube.com/watch?v=F9jimPsqTVo (3:02) · How To: Submit Testimony to the Maryland General Assembly: https://www.youtube.com/watch?v=nkqPS89F9X0 (3:13) Read more about Maryland's HB 1363: https://bit.ly/3OVa0tz . Learn more about the Maryland General Assembly: https://bit.ly/3TbWOTV 3. C100: Asian American Career Ceiling Challenges in Broadcast News WHAT : Asian American Career Ceiling Challenges in Broadcast News WHEN: March 25, 2024, 5:00 - 6:00 pm Eastern Time WHERE: Webinar HOST: Committee of 100 MODERATOR: Peter Young, Chair of the Initiative and C100 Member SPEAKER : Richard Lui, Journalist and News Anchor, MSNBC and NBC News; C100 Member DESCRIPTION: This is the thirty-fourth Committee of 100 Asian American Career Ceilings Initiative webcast that will feature a fireside chat on the topic of “Career Ceiling Challenges in Broadcast News” featuring Richard Lui, Journalist and News Anchor, MSNBC and NBC News. REGISTRATION: https://bit.ly/3OXs7PP Back View PDF February 26, 2024 Previous Newsletter Next Newsletter

Newsletter - #277 Passing of Dr. Jane Wu; Anti-Asian Laws; Rock Springs; White House Initiative Meets; + #277 Passing of Dr. Jane Wu; Anti-Asian Laws; Rock Springs; White House Initiative Meets; + In This Issue #277 · The Tragic Passing of Dr. Jane Y. Wu · Anti-Asian Laws in America - Past, Present, and What's Coming · The Rock Springs Massacre · White House Initiative Policy Summit in Washington DC · News and Activities for the Communities The Tragic Passing of Dr. Jane Y. Wu On August 31, 2024, South China Morning Post published an exclusive report on the tragic passing of Dr. Jane Y. Wu 吴瑛 , a prominent Chinese American researcher in neurology and genetics at Northwestern University's Feinberg School of Medicine. Dr. Wu took her own life on July 10, 2024, after her lab was shut down and all records of her work were erased by Northwestern University.Her death has drawn attention to the negative impact of the "China Initiative" and "foreign interference" investigations by the National Institutes of Health (NIH), which targeted scientists of Chinese descent. Over 250 scientists, most of them of Asian origin, have been scrutinized by the NIH alone, leading to job losses and severe personal and professional damages, and now a loss of life.According to the report, there were only two indictments and three convictions as legal outcomes of the NIH's "China Initiative" investigations, yet 112 scientists lost their jobs as a result.The NIH Office of Extramural Research, headed by Dr. Michael Lauer , declined to say whether Dr. Wu was a target but a source informed about the matter said there were investigations of Dr. Wu.Dr. Wu was remembered by her peers as a warm, caring, and inspiring role model. Dr. Wu's contributions to neurodegenerative disease research and her involvement in training the next generation of scientists in the U.S. and China were widely recognized. She significantly influenced the careers of many scientists, including Dr. Bing Ren , who credits her with guiding him into molecular biology. “Dr Wu taught me basic molecular biology skills, and showed me how discoveries were made at the bench,” said Dr. Ren, who first met Dr. Wu in 1993 and worked under her direct supervision at Harvard University. “Dr Wu was the one that opened my eyes to the wonderful world of molecular biology, and convinced me to pursue a career in this field,” said the professor in cellular and molecular medicine at the University of California, San Diego.“The investigations killed her career,” said Dr. Xiao-Fan Wang , a distinguished professor in cancer research at Duke University in Durham, North Carolina. “She was such a devoted scientist. Denying her the right to do research was like taking away the most important thing in her life,” Dr. Wang said. Dr. Wang is a former president of the Society of Chinese Bioscientists in America (SCBA) said the research community had been devastated by Wu’s death. “It’s hard to believe such a familiar and upbeat colleague has left us,” he said.In March 2019, SCBA, the Chinese American Hematologist and Oncologist Network, and the Chinese Biological Investigators Society write an open letter to Science , titled " Racial Profiling Harms Science ." "[We] hope that ... increased security measures will not be used to tarnish law-abiding scientists ...," the letter said.Molecular geneticist Adrian Krainer from the Cold Spring Harbor Laboratory in New York said, “I remember her as a kind and caring person. She was very devoted to training the next generation of scientists in both the US and China.” Born in Hefei, Anhui province in 1963, Dr. Wu graduated from Shanghai Medical University in 1986 and went on to earn her doctorate in cancer biology from Stanford University in the US. She did postdoctoral research at Harvard University and spent a decade at Washington University in St Louis as an assistant and then associate professor in pediatrics, molecular biology and pharmacology before joining Northwestern University in 2005.Northwestern University has not responded to multiple inquiries from the South China Morning Post since July. Dr. Wu’s profile page on the medical school has disappeared. Other web pages, such as her publication and grant records on the Northwestern Scholar website, have also been deleted. “The university’s reaction is rather unusual,” said a Chinese American biologist based in Ohio, who did not wish to be named. “Normally, the school or the university would publish an obituary and keep the faculty’s webpage for a period of time.”Dr. Wu was buried in Chicago on July 17. She was 60 years old.Read the South China Morning Post report: https://bit.ly/4787IiK Anti-Asian Laws in America - Past, Present, and What's Coming On August 29, 2024, Texas State Representative Gene Wu hosted a webinar on "Anti-Asian Laws in America - Past, Present, and What's Coming." It was repeated on September 1, a video of which is posted at https://youtu.be/QDEf4vvN_g4 (37:07)In the past two centuries, more than a dozen states passed laws banning Asian immigrants from purchasing or acquiring property. Nationwide, states enacted Anti-Alien Land Laws in response to a wave of Anti-Asian feeling that began in mid-1800s. However, the history of Anti-Alien Land Laws can be traced back to the very founding of our country. Previous alien land laws have since been ruled unconstitutional for violating the 14th Amendment right to equal protection, as well as regulations prohibiting discrimination based on race, ethnicity, and national origin. However, legislative efforts across the United States, including in Texas and Florida, continue to target individuals from China based solely on their national origin.In 2021, Texas passed Senate Bill (SB) 2116, which stops businesses and government entities from making deals involving state critical infrastructure with certain foreign-owned companies, including those run by non-citizens from China, Iran, North Korea, and Russia. The law defines "critical infrastructure" to include communication systems, cybersecurity, electric grids, hazardous waste treatment, and water treatment facilities. This law took effect immediately.In 2023, SB 147 was introduced to prevent foreign entities and individual immigrants from China, Iran, North Korea, or Russia from purchasing or acquiring real property in Texas. This bill targets individuals based solely on their national origin. With a simple amendment, these restrictions could easily be extended to people from any other country. The bill does not require any proof or accusation for an individual to be targeted. It also applies to businesses owned by foreign-born individuals or those with investments from foreign-born individuals. SB 147 did not pass the Texas legislature in 2023, but it is expected to return in the 2025 legislative session. A Texas House Select Committee was formed in May 2024, and it has been holding hearings, including individuals from The Heritage Foundation, the authors of Project 2025.Project 2025 is a 900-page plan developed by a conservative coalition for a potential future Republican U.S. presidential administration. It outlines a detailed blueprint for the next Republican president to implement a sweeping overhaul of the executive branch. Throughout the document, significant attention is given to the U.S.'s top four foreign adversaries, but there is a clear emphasis on China and Chinese nationals. The plan mentions China nearly 900 times, while the other three nations combined are referenced fewer than 200 times.Project 2025 is a 900-page conservative coalition's plan for a potential future Republican U.S. presidential administration. The multi-pronged initiative includes a detailed blueprint for the next Republican president to usher in a sweeping overhaul of the executive branch. While many references are made to the U.S.’s top 4 foreign adversarial nations throughout Project 2025. Project 2025 show a clear focus on China and Chinese Nationals with almost 900 word counts while Iran, North Korea, and Russia have a combined word count of less than 200.On page 556 of the Project 2025 report, "Restart the China Initiative" is listed as a recommended mandate. Gene Wu compiled a comprehensive analysis of Project 2025 that have impacts on the Asian Pacific American community in such fields as Higher Education, Housing and Property Ownership, Immigration, and Employment. These are not just concepts, but are put into action with specific bills introduced in Texas, other states, and Congress.The contemporary resurgence of Anti-Alien Land Laws bears resemblance to historical antecedents of the eighteen, nineteenth and early twentieth centuries. They share a common origin in the xenophobia and nationalistic fear towards certain immigrant populations, most notably being those immigrating from China and Japan. California’s Anti-Alien Land Law of 1913 was justified as a result of the perceived threat from Japan and the (distorted) ascription of disloyalty of Japanese immigrants. In WWII, U.S. Army Lt.General John L. DeWitt , commanding general of the western theater of operation, famously said: “A Jap’s a Jap – it makes no difference whether he is an American citizen or not”. That is what they are saying today about Chinese Americans and those who fled the CCP to come to this country. As history appears to repeat itself, new Anti-Alien Land Laws continue to be rationalized on a similarly flawed assumption that all Chinese immigrants, whether citizen or not, are “foreign agents” who pose a risk to our communities and to our national security.All of the claims used to justify these proposals share a common theme: they focus on real issues affecting the United States and countries around the world, such as job loss, data privacy violations, IP theft, inflation, and cost of living increases. However, they often then assert, with little to no evidence, that China and Chinese immigrants are the main cause of these problems, scapegoating an entire community, as we have seen before with countless other ethnic groups in the past. The growth of Anti-Asian hate, driven by the political scapegoating of China and Chinese-born individuals by conservative politicians, has resulted in increased discriminatory policies becoming laws across the country. "THIS IS NOT THEORY. THIS IS NOT HYPERBOLE. THIS IS NOT A FAR-FETCHED, CONSERVATIVE WISHLIST," as Gene Wu concluded his presentation.Watch the video: https://youtu.be/QDEf4vvN_g4 (37:07). Read his comprehensive analysis about Project 2025: https://bit.ly/4cSHNNj The Rock Springs Massacre According to the Library of Congress, on September 2, 1885, a mob of white coal miners attacked their Chinese co-workers (both groups were employed by the Union Pacific Coal Company) in Rock Springs, Wyoming Territory, over a dispute on who had the right to work in a particularly lucrative area of the mine. The violence occurred after Chinese workers refused to participate in a strike for higher wages planned by the American miners. Twenty-eight Chinese were killed and fifteen were wounded; seventy-nine homes were set ablaze. The bodies of many of the dead and wounded were thrown into the flames. Several hundred Chinese workers were chased out of town and fled to the surrounding hills. Property damage was estimated at $150,000.A week later, federal troops escorted Chinese laborers back to the mines. After restoring order, the troops remained at Rock Springs until 1898. Although the federal government had refused responsibility for actions in a territory, President Grover Cleveland requested that Congress indemnify the Chinese for their loss of property and Congress complied.In the mid-1800s, large numbers of Chinese came to the U.S. to build the transcontinental railroad and to work in the gold fields. With completion of the railroad, the ebb of gold prospecting, and widespread economic depression, jobs became scarce and Chinese immigrants faced increasing exclusion, racism, and violence. These factors contributed to the events at Rocks Springs.The Rock Springs Massacre was followed by a similar situation in early November in Tacoma, Washington, where Chinese immigrants were ordered to leave the city. Several hundred Chinese immigrants left before the eviction deadline but another 200 were marched out of the city by force. Two Chinese settlements were burned down. Read the Library of Congress story: https://bit.ly/3TdPSFb White House Initiative Policy Summit in Washington DC WHAT: White House Initiative AA& NHPI Policy Summit WHEN: Thursday, September 26, 2024 | 9:30 AM – 5:00 PM ET WHERE: U.S. Department of Transportation Headquarters, 1200 New Jersey Avenue Southeast Washington, DC 20590 WHO: White House Initiative on AA & NHPIs DESCRIPTION: This day-long, in-person event will highlight the Biden-Harris Administration’s leadership, accomplishments, and continued commitment to advancing equity, justice, and opportunity for AA and NHPI communities. Speakers will include senior White House and federal agency officials, policy experts, and community leaders from across the country who will have the opportunity to network and dialogue on key AA and NHPI issues. Our program will begin promptly at 9:30 a.m., and doors will open for check-in starting at 8:00 a.m.During the event, the President's Advisory Commission on AA and NHPIs will host an in-person listening session as a breakout that participants can choose to attend. Individuals may submit a request to provide oral public comments at the Commission’s listening session. Request to give oral public comment must be emailed to AANHPICommission@hhs.gov no later than 11:59 p.m. ET on September 18, 2024. REGISTRATION: https://bit.ly/4e4swtE News and Activities for the Communities 1. APA Justice Community Calendar Upcoming Events:2024/09/09 APA Justice Monthly Meeting2024/09/10-12 Chronicle Festival: The Road Ahead to 20352024/09/12 AA4D: Nobel Laureates and Scientists for Democracy 2024/09/18 1990 Teachers Workshop: Asian American Identity2024/09/19-20 AANHPI Unity Summit2024/09/25 C100: State of Chinese American Survey 2024 2024/09/26 White House Initiative Policy Summit2024/10/02 C100: Asian American Career Ceiling Initiative2024/10/06 Rep. Gene Wu Town Hall MeetingThe Community Calendar has moved. Visit https://bit.ly/3XD61qV for event details. Back View PDF September 3, 2024 Previous Newsletter Next Newsletter

website under development Play China Initiative Chinese academics and researchers were systemically targeted in a government-led initiative and may be at threat again in the future Learn more Racial Profiling Targeting of individuals or groups due to their race or ethnicity Learn more History and Purpose of APA Justice A platform for Asian American justice and fairness Learn more Warrantless Surveillance The U.S. government engages in mass, warrantless surveillance of American citizens Learn more Alien Land Bills Communities fighting back against discriminatory land laws Learn more Chinese academics and researchers were systemically targeted in a government-led initiative and may be at threat again in the future China Initiative Details Chinese academics and researchers were systemically targeted in a government-led initiative and may be at threat again in the future China Initiative Details Chinese academics and researchers were systemically targeted in a government-led initiative and may be at threat again in the future China Initiative Details Chinese academics and researchers were systemically targeted in a government-led initiative and may be at threat again in the future China Initiative Details The Latest Court Hearing and A New Movement Emerges Read More We published a Special Edition of our newsletter to cover the July 18 court hearing on Florida's new discriminatory housing law. Lawsuit Against Florida Senate Bill 264 Read More A group of Chinese citizens who live, work, study, and raise families in Florida filed a lawsuit to combat Florida’s discriminatory property law, SB 264. Texas House Bill 1075 and Senate Bill 552 Read More Texas state representatives are attempting to stop foreign governments from purchasing Texas agricultural land. Rep. Judy Chu's New Year Greetings and 2022 Review Read More During the first APA Justice monthly meeting of 2023, Rep. Judy Chu, Chair of the Congressional Asian Pacific American Caucus, reviewed the accomplishments of 2022, highlighted by the end of the "China Initiative" and Sherry Chen's historic settlement. Community Calendar 01 Racial Profiling 03 Warrantless Surveillance 02 The China Initiative 04 Alien Land Bills Learn more about the pressing AAPI issues of today. Yellow Whistle Campaign Our partnership with the Yellow Whistle Project to promote self-protection and solidarity against discrimination and violence. Advocacy Our work with policy makers to push for AAPI rights and to ensure justice for AAPI academics and scientists. Know your rights Protect yourself by knowing your rights. National Media Network A national media alert network giving greater resources and a more assertive voice to the Asian American community. WHAT WE DO Learn more Watchlist See important issues and legislation we're monitoring Report a Hate Incident Learn what it means to be Chinese American Library See important issues and legislation we're monitoring Report a Hate Incident Learn what it means to be Chinese American Resources Learn about the history, responses, and current state of the APA community. Name Email I accept terms & conditions Stay informed Stay up to date with the latest news and developments from APA Justice Last name Subscribe You've signed up for the APA Justice newsletter. Stay informed Stay up to date with the latest news and developments from APA Justice Name Email I accept terms & conditions Subscribe You've signed up for the APA Justice newsletter.

Newsletter - #64 Letter To Commerce Secretary; Profiling Of Federal Employees; More Rallies #64 Letter To Commerce Secretary; Profiling Of Federal Employees; More Rallies Back View PDF June 7, 2021 Previous Newsletter Next Newsletter

Newsletter - #87 ALERT on Baylor; "China Initiative;" House Hearing/UTK Webinar; San Jose Apologizes #87 ALERT on Baylor; "China Initiative;" House Hearing/UTK Webinar; San Jose Apologizes Back View PDF October 1, 2021 Previous Newsletter Next Newsletter

Newsletter - #298 US-China STA Renewed; Arkansas' Laws Halted; Andy Kim on Tolerance; Lisa Su; More #298 US-China STA Renewed; Arkansas' Laws Halted; Andy Kim on Tolerance; Lisa Su; More In This Issue #298 · US-China Science Technology Agreement Renewed · Arkansas' Foreign Ownership Restrictions Halted · Senator Andy Kim on Tolerance and Unity · Time CEO of The Year: Lisa Su · News and Activities for the Communities US-China Science Technology Agreement Renewed According to the Washington Post, Reuters, Nature, Science, NBC News, and other media reports, the United States and China renewed but narrowed a long-running science and technology agreement on December 13, 2024, marking continuity in their ties while also accounting for bilateral tensions that are likely to only grow under the incoming Trump administration. The previous agreement expired on August 27, 2024. The U.S.-China Science and Technology Cooperation Agreement, which was first signed in 1979 to enable basic research collaboration between the two countries, will be renewed for five years under altered terms that reflect the fraught reality of today’s U.S.-China relationship, according to statements from the U.S. and Chinese governments.The new version modifies the terms to account for the increased tensions between the two countries, including clarification of rules on data sharing and how to resolve disputes.With new guardrails around research security and transparency, as well as intellectual property protections, the agreement ensures that any federal science and technology cooperation with China “benefits the United States and minimizes risks to U.S. national security,” according to a State Department statement . “This Agreement does not facilitate the development of critical and emerging technologies.” The State Council of the People's Republic of China issued a statement on December 14. The extension of the Agreement Between the United States and China on Cooperation in Science and Technology is in line with the interests of the two peoples, and is what the international community hopes to see, Foreign Ministry spokesman Lin Jian said on December 16.Many scientists are pleased. “The new agreement is a very positive step,” says Deborah Seligsohn , a political scientist at Villanova University. “It’s a signal to U.S. scientists that their government still values a bilateral relationship with China, even one with more guardrails.” Li Tang , a science policy specialist at Fudan University, calls the latest version “a win-win-win for the U.S., China, and other nations that benefit from not having to take sides” in the growing economic and political competition between the two superpowers.The new agreement also covers the safety of individual scientists. According to State Department official, “We don’t want U.S. researchers involved in an innocuous project to be caught up in a situation where some overzealous official harasses them or detains them. We wanted to signal to Congress that we are aware of issues of arbitrary detention and exit bans in China.”Chinese observers think the concern for researcher safety should cut both ways. “Ensuring fairness and safety for Chinese researchers abroad is essential to re-establishing a stable framework for scientific exchange and joint research,” Tang says, citing the harmful effect on Chinese scientists of a campaign launched by the Trump administration to thwart Chinese economic espionage. 2024/12/16 China Daily : Sino-US sci-tech agreement extended 2024/12/14 NBC News: U.S. and China renew science and technology pact amid growing rivalry 2024/12/13 Washington Post : U.S. and China renew science agreement as officials brace for new tensions 2024/12/13 Reuters : Biden administration inks renewed science cooperation deal with China; Republicans cry foul 2024/12/13 Nature : US and China sign new science pact — but with severe restrictions 2024/12/13 Science : United States and China renew science pact despite rising tensions Arkansas' Foreign Ownership Laws Halted On December 11, 2024, the National Agricultural Law Center reported that a U.S. District Court in Arkansas issued a preliminary injunction in favor of Jones Eagle, LLC., or Qimin "Jimmy" Chen , a naturalized U.S. citizen who lives in New York. Chen controls the firm through Eagle Asset Holding Inc., which owns a majority stake in Jones Eagle. The ruling prevents the state from enforcing its foreign ownership laws against the plaintiff until further notice. This followed an earlier temporary restraining order (TRO) granted to Jones Eagle, which halted Arkansas’s enforcement of its foreign ownership laws for 14 days, expiring on December 9, 2024.In its 43-page ruling , the Court found that the Arkansas laws may conflict with federal law and constitutional protections. It rejected the state's motion to dismiss, affirming the lawsuit's jurisdiction and ripeness.The lawsuit, Jones Eagle LLC v. Ward ( 4:24-cv-00990) , was filed on November 13, 2024, in the U.S. District Court for the Eastern District of Arkansas. It challenges Arkansas Acts 636 (2023) and 174 (2024) as unconstitutional. The injunction was granted based on the likelihood that Jones Eagle would succeed on its claims, including arguments about preemption, equal protection, and due process violations. The case continues with a focus on constitutional and federal preemption issues.According to Arkansas Advocate , Jones Eagle filed suit against the state, Arkansas Secretary of Agriculture Wes Ward and Attorney General Tim Griffin . The suit claims the two laws violate the Fourteenth and Fifth Amendments to the U.S. Constitution by denying due process, illegally discriminating against a person based on national origin and depriving a person of just compensation for taking property. The plaintiff is represented by Kutak Rock LLP and Paul L. Hoffman, Director of Civil Rights Clinic, and Robert S. Chang, Executive Director of the Fred T. Korematsu Center for Law and Equality at University of California Irvine School of Law Act 636 , also known as Senate Bill 383, prohibits ownership of property in Arkansas by companies or individuals connected with the Chinese government and several other countries considered adversaries of the United States. It gives the state agriculture department authority to investigate allegations of such ownership and directs the attorney general to take action to force the divestiture of the property through judicial foreclosure. Act 174 , also known as Senate Bill 79, amended the law regulating digital asset mining operations, also known as data centers, and prohibits ownership by “foreign-party-controlled” interests connected to the same countries listed in Act 636.Read more about Senate Bill 383 and other state alien land bills at the Committee 100 tracker for the 2023 legislative session at https://bit.ly/4cqxFfg The Arkansas lawsuit was discussed briefly by Ashley Gorski , Senior Staff Attorney for ACLU, during the alien land laws webinar co-hosted by the Committee of 100 and APA Justice on December 11, 2024. In response to a question from the audience about who should be contacted by individuals impacted by state alien land laws, Gorski suggests that they may contact ACLU and her at agorski@aclu.org . Information about the about the webinar is located here: https://bit.ly/3CEWK9p . A video recording of the webinar is posted at https://www.youtube.com/user/committee100 Committee of 100 Alien Land Laws Tracker ( 2024 , 2023 )APA Justice: Alien Land Bills 2024/12/10 National Agricultural Law Center: Federal Judge Halts Enforcement of Arkansas' Foreign Ownership Restrictions 2024/12/09 Jones Eagle LLC v. Ward (4:24-cv-00990): Redacted Preliminary Injunction Order 2024/11/26 Arkansas Advocate : Arkansas laws targeting foreign ownership of land and data center put on hold Senator Andy Kim on Tolerance and Unity Newly-elected Senator Andy Kim made a poignant observation as he transitioned from the House to the Senate. Reflecting on the House chamber, he shared something that often goes unnoticed: the center aisle—the one the President walks down for the State of the Union, dividing the Republican and Democratic sides—ends at an inscription of the word "Tolerance." "Why 'tolerance'?" he asked.At first glance, tolerance might not seem particularly inspiring. The word can even sound negative, as in tolerating noise or bad behavior. That’s why political leaders often prefer terms like "unity." Why, then, isn’t "unity" inscribed in this central location? After all, the nation's motto, E Pluribus Unum (Out of Many, One), is inscribed on the Capitol Dome, a symbol of national identity.Senator Kim reflected that tolerance offers a unique path toward togetherness while still recognizing the challenges posed by differences. Unlike unity, which can sometimes suggest total agreement or harmony, tolerance acknowledges that differences exist—and that they always will. It does not suggest a melting pot where everyone is the same or a singular sense of what it means to be American. Instead, tolerance embraces the idea that our belief in freedom is more important than our discomfort with how others live their lives."Tolerance exists in the space between unity and disunity," he observed. It rejects the notion that we are enemies and instead fosters respect for one another despite our differences. Tolerance stands against separation and segregation, promoting coexistence over division. Importantly, tolerance is not a weakness. It does not mean compromising one’s values or ignoring hate. As President John F. Kennedy famously said, "Tolerance implies no lack of commitment to one's own beliefs. Rather, it condemns the oppression or persecution of others." Senator Kim acknowledged that building a society grounded in tolerance is not easy. "How do we forge a tolerance that flows in all directions?" he asked. "I don’t claim to have all the answers. But I do think there’s value in the concept and that it should be thought of with similar rigor as we do toward unity."In reframing tolerance as an active and essential value—not merely a fallback from unity—Senator Kim reclaimed the term from its often-dismissive connotations. While unity may inspire, tolerance is the framework that allows a diverse society to function. His remarks invite a deeper engagement with the idea of tolerance, not as an abstract principle, but as a call to action for coexistence and mutual respect. Time CEO of The Year: Lisa Su Lisa Su 蘇姿丰 , the CEO of AMD, was named Time 's 2024 CEO of the Year in recognition of her transformative leadership in the semiconductor industry. Under her guidance, AMD achieved a remarkable turnaround, evolving from a struggling company with stock prices at $3 per share in 2014 to a powerhouse trading at over $130 today. Su's strategic focus enabled AMD to surpass Intel in company value and expand its influence into gaming and artificial intelligence technologies. Time highlighted Su's hands-on leadership style, noting her weekend meetings, detailed review of technical documents, and direct involvement in evaluating prototype chips. Her work ethic and innovation have positioned AMD as a major competitor in the rapidly growing AI chip sector. Su has been lauded as a trailblazer, emphasizing the critical role of semiconductors in shaping the future of AI and other technologies.Su , 55, was born in Taiwan and received her BS, MS, and Ph.D. degrees from MIT. She is cousin of Jensen Huang 黃仁勳 , founder, president and chief executive officer of Nvidia. News and Activities for the Communities 1. APA Justice Community Calendar Upcoming Events: 2024/12/22 Rep. Gene Wu's Town Hall Meeting2025/01/05 Rep. Gene Wu's Town Hall Meeting2025/01/06 APA Justice Monthly Meeting2025/01/15 Master Class: Maintaining the Effectiveness of Organizational Equity Initiatives in the Current Environment2024/01/16 Master Classes: Asian American Career Lessons2025/01/19 Rep. Gene Wu's Town Hall Meeting2025/02/02 Rep. Gene Wu's Town Hall Meeting2025/02/13-15 2025 AAAS Annual Meeting2025/02/16 Rep. Gene Wu's Town Hall MeetingVisit https://bit.ly/3XD61qV for event details. 2. C100 Launches “Master Classes for Organizations: Managing Equity Initiatives” The Committee of 100 is launching a new program under the title of “Master Classes for Organizations: Managing Equity Initiatives” where it will feature experts who will conduct tutorials on various topics related to how organizations (corporate, non-profit, government) can more effectively manage their equity initiatives. Two classes will be held on January 15 and 16, 2025, respectively. This program is separate from the Master Classes for Individuals programs that focus on giving advice to Asian Americans as individuals who are dealing with career ceiling issues. WHAT : “Master Class: Maintaining the Effectiveness of Organizational Equity Initiatives in the Current Environment” WHEN: January 15, 2025, 6:00 - 7:00 pm Eastern Time WHERE : Online Webinar HOST: Committee of 100 Moderator : Peter Young , CEO, Young & Partners; Committee of 100 Speakers: · Joyce Chang , Global Head of Research for J.P. Morgan and Executive Sponsor for J.P. Morgan Chase’s network for employees of Asian heritage (AsPIRE) · Jenny R. Yang , Workplace Equal Opportunity Government Leader, Former Chair of the U.S. Equal Employment Opportunity Commission and Former White House, Domestic Policy Council as a Deputy Assistant to the President for Racial Justice and Equity REGISTRATION : https://bit.ly/4iMC1B8 ***** WHAT : "Master Classes: Asian American Career Lessons – Developing a Personal Brand” WHEN: January 16, 2025, 6:00 - 7:00 pm Eastern Time WHERE : Online Webinar HOST: Committee of 100 Moderator : Peter Young , CEO, Young & Partners; Committee of 100 Speaker: Jerry Won , CEO of Just Like Media REGISTRATION: https://bit.ly/4ge4gXI 3. SoCal man pleads guilty to hate crime against Asian woman According to AsAmNews and LA Times on December 12, 2024, a Southern California man punched an Asian American woman in the head and shouted slurs at her as she lay injured in the street. Now he has pleaded guilty to a federal hate crime.The victim, who is unnamed in the plea agreement, was walking to work in Culver City at 1 a.m. on June 14, 2021. Jesse Lindsey , 38, described as a homeless man who last lived in Fontana, approached the victim, whom he perceived to be Asian, prosecutors said."You can't say hi to a motherf— white boy?" he reportedly yelled, before punching the victim and knocking her down. According to prosecutors, Lindsey shouted, "You hear what I said?" and referred to the woman using the N-word. "I said good morning, b—." The victim received 11 stitches for her injuries after hitting her head on the street when she fell.He is scheduled to be sentenced in March, 2025. # # # APA Justice Task Force is a non-partisan platform to build a sustainable ecosystem that addresses racial profiling concerns and to facilitate, inform, and advocate on selected issues related to justice and fairness for the Asian Pacific American community. For more information, please refer to the APA Justice website at www.apajusticetaskforce.org . As part of its continuing migration to a new website under construction, we have moved the Newsletter webpage to www.apajusticetaskforce.org/newsletters . We value your feedback about the new web page. Please send your comments to contact@apajustice.org . Back View PDF December 17, 2024 Previous Newsletter Next Newsletter

Timeline Back to China Initiative Prev Next Table of Contents Overview FBI Director’s Profiling Approach NIH’s Own “China Initiative” Criminalizing China The Ethnic Targeting of Chinese Scientists Links and References Overview On November 1, 2018, U.S. Attorney General Jeff Session announced the launch of the China Initiative to combat national security threats and economic espionage emanating from the People’s Republic of China (PRC). “This Initiative will identify priority Chinese trade theft cases, ensure that we have enough resources dedicated to them, and make sure that we bring them to an appropriate conclusion quickly and effectively.” Sessions said. President Donald Trump fired Sessions less than a week later, but the China Initiative remained in operation for 1,210 days until it was ended by the Joe Biden Administration on February 23, 2022. The Department of Justice (DOJ) had no definition of what constitutes a China Initiative case. DOJ created an online report on what it considered to be Chinese Initiative cases. The online report was last updated on November 19, 2021, three months before the initiative officially ended. According to MIT Technology Review , there have been 77 known China Initiative cases impacting 162 individuals. Based on a comprehensive analysis of the cases, MIT Technology Review concluded that the initiative had increasingly charged academics with “research integrity” issues. Nearly 90% of the defendants charged were of Chinese heritage, lending credence to wide-spread allegations that scientists and researchers of Chinese origin were racially profiled and targeted under the China Initiative despite denials by the government. The DOJ China Initiative cases included only indictments and prosecutions. It did not include investigations or surveillance by the Federal Bureau of Investigations (FBI) and other federal law enforcement agencies and grant agencies such as the National Institutes of Health (NIH). NIH ran its own China Initiative. By March 23, 2023, a year after the official end of the China Initiative, NIH’s own “China initiative” had upended hundreds of lives and destroyed scores of academic careers. In contrast to the very public criminal prosecutions of academic scientists under the China Initiative, NIH’s version was conducted behind closed doors. FBI Director’s Profiling Approach The first thunder of the New Red Scare came on February 13, 2018, when FBI Director Christopher Wray testified in a Senate Intelligence Committee hearing and targeted all students, scholars and scientists of Chinese origin as a national security threat to the United States. Wray responded to a question in the hearing, “I think in this setting I would just say that the use of nontraditional collectors, especially in the academic setting, whether it’s professors, scientists, students, we see in almost every field office that the FBI has around the country. It’s not just in major cities. It’s in small ones as well. It’s across basically every discipline.” Asian American advocates were outraged by Wray’s presumption that every Chinese professor, scientist, and student was guilty of collecting intelligence for the Chinese government until proven innocent. Conflating the stereotype of “perpetual foreigners” and the loyalty of Asian Americans to the United States, Wray pledged to pursue a “whole-of-society” approach to address the threat of China. His use of the term “non-traditional collectors” for spies parallelled “thousand grains of sand” during the prosecution of Dr. Wen Ho Lee and “fifth column” in referral to Japanese Americans during World War II. Qian Xuesen, also known as Hsue-shen Tsien, a founder of the Jet Propulsion Laboratory, became a victim of the Second Red Scare during the Cold War era, facing accusations of “communist sympathies” despite his contributions to American scientific advancement. Fourteen Asian American community organizations wrote to Wray on March 1, 2018, and called for “an opportunity to discuss how well-intentioned public policies might nonetheless lead to troubling issues of potential bias, racial profiling, and wrongful prosecution.” Wray never responded to the letter. References and Links Wikipedia: Qian Xuesen 2020/02/02 The Intercept: The FBI’s China Obsession - The U.S. Government Secretly Spied on Chinese American Scientists, Upending Lives and Paving the Way for Decades of Discrimination 2019/12/31 Bloomberg: As China Anxiety Rises in U.S., Fears of New Red Scare Emerge 2019/07/20 New York Times: A New Red Scare Is Reshaping Washington 2018/03/23 Huffington Post: FBI Director Defends Remarks That Chinese People In U.S. Pose Threats 2018/03/08 Washington Post Opinion: America’s new — and senseless — Red Scare 2018/03/01 14 Coalition Organizations: Coalition letter to FBI Director Wray 2018/03/01 Committee of 100: Community Organizations Call for Meeting with FBI Director Christopher Wray Regarding Profiling of Students, Scholars, and Scientists with Chinese Origins 2018/02/27 Asia Times: FBI director’s grave mistake on targeting Chinese-Americans 2018/02/16 纽约都市新闻网: 华裔议员严厉谴责Rubio和Wray针对中国学生的极端言论 2018/02/15 CAPAC: CAPAC Members on Rubio and Wray’s Remarks Singling Out Chinese Students as National Security Threats 2018/02/14 Inside Higher Ed: The Chinese Student Threat? 2018/02/13 Advancing Justice | AAJC: FBI Director’s Shock Claim: Chinese Students Are a Potential Threat 2018/02/13 U.S. Senate Select Committee on Intelligence: Hearing on Global Threats and National Security 2016/05/25 60 Minutes: Collateral Damage 2015/05/10 New York Times: Accused of Spying for China, Until She Wasn’t 2000/09/14 New York Times: Statement by Judge in Los Alamos Case, With Apology for Abuse of Power . 1999/12/11 Washington Post: China Prefers the Sand to the Moles 1964/02/02 New York Times: F.B.I. Chief Warns of Red China Spies NIH’s Own “China Initiative” According to the Science Magazine, Francis Collins, the Director of the National Institutes of Health (NIH) sent a missive to more than 10,000 institutions on August 20, 2018, asserting that "threats to the integrity of U.S. biomedical research exist" and highlighted the failure to disclose "substantial resources from other organizations, including foreign governments." Collins wrote that "in the weeks and months ahead you may be hearing from [NIH] regarding … requests about specific … personnel from your institution." Dubbed as NIH’s own “China Initiative,” NIH began sending letters to dozens of major U.S. research universities in March 2019, asking them to provide information about specific faculty members with NIH funding who are believed to have links to foreign governments that NIH did not know about. Universities reportedly scrambled to respond to the unprecedented queries. Some academic administrators worry the exercise could cast a chill over all types of international scientific collaborations. Others fear that the inquiry may become a vehicle to impugn the loyalty of any faculty member—and especially any foreign-born scientists—who maintain overseas ties. At some institutions, every researcher flagged by NIH was Chinese American. The vaguely worded letters did not contain specific accusations, nor did it explain any aspect of the process. By March 23, 2023, a year after the official end of the China Initiative, Science reported that NIH’s “China initiative” has upended hundreds of lives and destroyed scores of academic careers. In contrast to the very public criminal prosecutions of academic scientists under the China Initiative, NIH’s version was conducted behind closed doors. More than one in five of the 246 scientists targeted were banned from applying for new NIH funding for as long as 4 years—a career-ending setback for most academic researchers. And almost two-thirds were removed from existing NIH grants. Some 81% of the scientists cited in the NIH letters identify as Asian, and 91% of the collaborations under scrutiny were with colleagues in China. In only 14 of the 246 cases—a scant 6%—did the institution fail to find any evidence to back up NIH’s suspicions. NIH is by far the largest funder of academic biomedical research in the United States, and some medical centers receive hundreds of millions of dollars annually from the agency. So when senior administrators heard Michael Lauer, NIH deputy director for extramural research, say a targeted scientist “was not welcome in the NIH ecosystem,” they understood immediately what he meant—and that he was expecting action. “If NIH says there’s a conflict, then there’s a conflict, because NIH is always right,” says David Brenner, who was vice chancellor for health sciences at the University of California, San Diego (UCSD), in November 2018 when the institution received a letter from Lauer asking it to investigate five medical school faculty members, all born in China. “We were told we have a problem and that it was up to us to fix it.” In a panel discussion hosted by the University of Michigan in March 2024, Professor Ann Chih Lin, asserted that NIH made it clear that if they couldn’t resolve concerns regarding a faculty member and a grant, NIH would not only require universities to repay the grant, but also investigate universities’ entire portfolio of NIH grants. Fearing the loss of grant money, universities often approached the implicated professors and encouraged them to resign voluntarily or retire early. This strategy aimed to avoid a public disciplinary hearing or grievance process, which could bring unwanted attention to the case. Professors involved in such investigations typically refrained from discussing their cases to protect both themselves and the universities, often choosing to depart quietly. References and Links 2024/03/29 University of Michigan News: US universities secretly turned their back on Chinese professors under DOJ’s China Initiative 2023/02/23 Science: Pall of Suspicion 2019/03/01 Science: NIH letters asking about undisclosed foreign ties rattle U.S. universities Criminalizing China The name of China Initiative by itself is problematic. "Using 'China' as the glue connecting cases prosecuted under the Initiative's umbrella creates an overinclusive conception of the threat and attaches a criminal taint to entities that possess 'China-ness,' based on PRC nationality, PRC national origin, Chinese ethnicity, or other expressions of connections with 'China.,'" Professor Margaret Lewis wrote in her article "Criminalizing China" in 2020. Her article further contends that, when assessed in light of the goals of deterrence, incapacitation, rehabilitation, and retribution, it is worrisome that the prosecution and punishment of people and entities rests in part on a connection with “China.” A better path is to discard the “China Initiative” framing, focus on cases’ individual characteristics, and enhance the Department of Justice’s interactions with nongovernmental experts. Margaret K. Lewis, Criminalizing China , 111 J. Crim. L. & Criminology 145 (2020). https://scholarlycommons.law.northwestern.edu/jclc/vol111/iss1/3 The Ethnic Targeting of Chinese Scientists On November 19, 2020, The China Project produced a video titled “ The China Initiative: The ethnic targeting of Chinese scientists and the subsequent brain drain .” (7:30) The China Project talked to lawyers, academics, and victims of the China Initiative for their perspective. Many Chinese and Chinese American researchers feel that the program has placed a target on their back, and that they are being unfairly targeted for their Chinese ethnicity. There are also critics who say the Initiative has done little more than drive talent away from the U.S. Jump to: Overview FBI Director’s Profiling Approach NIH’s Own “China Initiative” Criminalizing China Ethnic Targeting of Chinese Scientists 1. DOJ launched China Initiative November 1, 2018 Timeline Contents Department of Justice: Information About The Department of Justice's China Initiative and A Compilation of China-Related Prosecutions Since 2018 . (last updated November 19, 2021). Margaret K. Lewis, Criminalizing China , 111 J. Crim. L. & Criminology 145 (2020). 2021/12/02 MIT Technology Review: The US crackdown on Chinese economic espionage is a mess. We have the data to show it. 2020/11/19 The China Project: The China Initiative: The Ethnic Targeting of Chinese Scientists and the Subsequent Brain Drain . (video 7:30) 2020/10/30 The China Project: Scientists in the Crosshairs: What should Chinese and Chinese-American researchers do amid U.S. crackdown on ‘China ties’? (video 21:04) 2018/11/07 New York Times: Jeff Sessions Is Forced Out as Attorney General as Trump Installs Loyalist 2018/11/01 Department of Justice: Attorney General Jeff Sessions Announces New Initiative to Combat Chinese Economic Espionage 2018/11/01 Department of Justice: Attorney General Sessions Announces Criminal Enforcement Action and New Initiative to Combat Chinese Economic Espionage (video 36:37) Links and References Timeline Known Cases Impacted Individuals