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Newsletter - #79 Letter To Judge; Letter To President; 2020 Census Results; 08/02 Meeting Summary #79 Letter To Judge; Letter To President; 2020 Census Results; 08/02 Meeting Summary Back View PDF August 25, 2021 Previous Newsletter Next Newsletter

Newsletter - #209 7/3 Meeting Summary; Coalition Opposes Section 702; Meet Oscar and Agnes; Calendar #209 7/3 Meeting Summary; Coalition Opposes Section 702; Meet Oscar and Agnes; Calendar In This Issue #209 2023/07/03 Monthly Meeting Summary Posted National Asian American Coalition Opposes Reauthorization of Section 702 of FISA Without Major Reforms Science Editorial: Future Generations Are Watching Meet Agnes Hsu-Tang 徐心眉 and Oscar Tang 唐骝千 Community Calendar 2023/07/03 Monthly Meeting Summary Posted The July 3, 2023, APA Justice monthly meeting summary has been posted at https://bit.ly/46dE3CW . We thank the following speakers for their updates and discussions: Al Green , Member, U.S. House of Representatives; Member of the Executive Board and Chair of Housing Task Force, CAPAC, on affirmative action, multicultural advocacy coalition and unity, history of alien land laws and SB 147, Green-Chu Preemption Bill, March on Washington, and more Nisha Ramachandran , Executive Director, CAPAC, nisha.ramachandran@mail.house.gov , on affirmative action, alien land bills, and push back against legislations and amendments that are harmful to the civil rights and civil liberties of the Asian American, Native Hawaiian, and Pacific Islander communities Gisela Perez Kusakawa , Executive Director, Asian American Scholar Forum (AASF), gpkusakawa@aasforum.org , on anti-Asian narrative, Friends of the National Asian Pacific American Smithsonian Museum, teach-in with Mike German at the Brennan Center to demystify the FBI, and in-person OCA National panel with Dr. Xiaoxing Xi Clay Zhu 朱可亮 , Partner, DeHeng Law Offices 德恒律师事务所; Founder, Chinese American Legal Defense Alliance (CALDA) 华美维权同盟, on motion for preliminary injunction, Quinn Emanuel Urquhart joining the Florida lawsuit pro bono, joint amicus brief 19 diverse groups, and statement of interest by the Department of Justice Scott Chang , Senior Counsel, National Fair Housing Alliance, on the history and purpose of NFHA, monitoring of state alien land bills, and possible lawsuit with longtime partners, Relman Colfax PLLC Edgar Chen , Special Policy Advisor, National Asian Pacific American Bar Association, on the history and purpose of NAPABA, its advocacy efforts with local affiliates to combat new alien land laws as legal ambassadors and interpreters, caution against one-size-fits-all solution, critical local knowledge, holding legislators accountable, and appreciation for African American legislators in places like Alabama and Louisiana. Cindy Tsai 蔡欣玲 , Interim President and Executive Director, Committee of 100, on the history and purpose of C100, the importance of empowering local communities to address state and municipal laws prohibiting land purchases, guidebook and interactive map, standardized database of information and anti-Asian incident reports, the Yellow Whistle Campaign, and interactions with FBI field offices. Read the 7/3 meeting summary: https://bit.ly/46dE3CW . Read past monthly meeting summaries: https://bit.ly/3kxkqxP Correction from last issue of APA Justice newsletter : Scott Chang , an attorney for the National Fair Housing Alliance, said that NFHA and other organizations are still investigating and are likely to file a lawsuit against the discriminatory alien land law in Florida during the APA Justice monthly meeting on September 11, 2023 National Asian American Coalition Opposes Reauthorization of Section 702 of FISA Without Major Reforms On September 14, 2023, a coalition of 52 Asian American organizations wrote to Congress to oppose the renewal of Section 702 of the Foreign Intelligence Surveillance Act (FISA) unless significant revisions are put into place. The letter, led by Asian American Scholae Forum (AASF), Advancing Justice | AAJC, and Chinese for Affirmative Action (CAA) and Stop AAPI Hate, wrote "with a sense of urgency and a shared commitment to safeguarding the principles of justice, equality, and privacy in our nation. As Asian Americans and allies, we understand all too well the perils of unchecked national security programs and the historical discrimination our community has endured. Our shared history serves as a poignant reminder of the dangers of racial profiling and prejudice in the name of national security. That is why we write to express our strong opposition to the reauthorization of Section 702 of the Foreign Intelligence Surveillance Act without comprehensive reforms.""Our community is no stranger to the dangers of unrestrained national security programs. The Asian American community has a long history of being treated as 'perpetual foreigners' and scapegoated as national security threats based on our race, ethnicity, religion, or ancestry. During World War II, over 120,000 U.S. residents of Japanese ancestry were incarcerated in remote detention camps in the name of 'national security' in what was one of the darkest stains in our nation’s history. The racist rationale behind this measure was concern that any people of Japanese descent, regardless of whether they were citizens or children, were more prone to acts of espionage or sabotage."Yet history continues to repeat itself from the treatment of Arab, Middle Eastern, Muslim, and South Asian (AMEMSA) communities post 9/11 to the current hate, violence, and bigotry against Asian Americans. In the past decade, we have had programs within federal agencies that have raised concerns and fears that race, ethnicity, national origin, and/or religious beliefs were being used to profile and target Asian Americans, particularly Chinese American scientists, researchers, and scholars. This intensified under the now defunct Department of Justice’s 'China Initiative,' which created a chilling effect on the Asian American community who feared that once again they were being scapegoated as threats based on their race, ethnicity, and national origin. "The lesson from these abuses is clear: Without rigorous checks in place, national security and law enforcement officials may act based on prejudice rather than facts. The result is a system that fosters bigotry and leaves Asian Americans open to abuse and as collateral damage. Even to this day, we continue to be convenient scapegoats. "One such authority is Section 702 of the Foreign Intelligence Surveillance Act, which will expire at the end of this year unless reauthorized by Congress. Section 702 allows the government to acquire the communications of non-Americans located outside of the United States without a warrant. But this surveillance inevitably sweeps in Americans’ communications as well, which agencies such as the FBI, CIA, and NSA then search for—again without a warrant. The breadth and scope of this surveillance, which amounts to warrantless access to billions of communications, along with government agents’ “persistent and widespread” violations of the minimal privacy safeguards they are required to adhere to under Section 702, demonstrate that the law is in dire need of reform. " I. Section 702 Surveillance is Overbroad and Overused. " II. Government Officials Abuse Section 702 & Impact on Asian American Communities. " III. Section 702 Is in Dire Need of Reform. "The coalition calls for the communities to spread the word by using this social media toolkit https://bit.ly/3PcehZ6 with sample posts and graphics. They encourage your organization to amplify what is at stake for Asian Americans and why this fight matters to our community. The lead organizations will also develop materials, training, and other resources to support your organizations' direct engagement and advocacy to Congress on this issue.The Washington Post reported on the coalition letter on September 14, 2023. According to the report, the coalition demands that a warrant be required to access Americans’ data in a 702-related search and place new surveillance limits to only target people possessing “information of genuine intelligence value." Civil liberties groups recently met with National Intelligence Director Avril Haines and other intelligence officials, urging them to commit to a range of related reforms to the contentious spying power that is set to expire on December 31, 2023, unless it is reauthorized by Congress. Read the coalition letter: https://bit.ly/3LkEmnt . Read the Washington Post report: https://wapo.st/44Ss6lo . Science Editorial: Future Generations Are Watching According to a Science editorial, "in many ways, the current US scientific enterprise is the intellectual descendant of 87 scientists who gathered in Philadelphia 175 years ago to establish the American Association for the Advancement of Science (AAAS, the publisher of Science ). They joined disparate, scattered scientific disciplines to identify and address key challenges of the day."Scientists have made extraordinary advances to improve lives around the world."The world is at a critical juncture. One path leads to ethical and transparent scientific collaboration with the potential to heal the sick, feed the hungry, and protect the planet. Another path leads to barriers that slow progress, distort scientific evidence, and even use science in harmful ways. Both futures are possible, but neither is inevitable. AAAS and the research community must make an active decision to engage in the former, or the latter vision may become the reality by default. AAAS must take a leadership role to cultivate an inclusive and mobilized global scientific community that enables and celebrates scientific excellence and science-informed decisions that lead to the first vision."AAAS is committed to advancing scientific achievement. An open and inclusive scientific enterprise is essential to confronting the world’s complex problems. "Scientists need the tools to participate and build trust in the communities where they live. The COVID-19 pandemic exposed cracks in the foundation of that trust and perpetuated polarization and misinformation in many countries."AAAS must also continue to ensure that the voice of science is heard in policy-making, so that relevant, solutions-oriented, and actionable evidence is clear and available to federal, state, and local decision-makers."Does the world still need an organization incorporating the whole scientific ecosystem? Now more than ever, science is essential to the decisions that will determine the prospects for future health, prosperity, and peace. The scientific enterprise and AAAS must help shape the next 175 years and not be bystanders as history unfolds before us. Future generations are watching."Author of the Science editorial is Dr. Sudip Parikh , chief executive officer of AAAS and executive publisher of the Science journals. ceo@aaas.org Read the Science editorial: https://bit.ly/45TdMuc Meet Agnes Hsu-Tang 徐心眉 and Oscar Tang 唐骝千 According to the New York Times on September 12, 2023, the New York Philharmonic had secured a $40 million donation from the financier Oscar L. Tang 唐骝千 , a co-chairman of its board, and his wife, Agnes Hsu‐Tang 徐心眉 , an archaeologist and art historian, the largest contribution to the endowment in the ensemble’s 181-year history. The Philharmonic, the oldest symphony orchestra in the United States, has been led by giants including Mahler , Toscanini and Leonard Bernstein .Tang, who has served on the Philharmonic’s board since 2013, said he hoped the gift would help usher in a “new golden age” under superstar maestro Gustavo Dudamel , who will take the podium in 2026, with a focus on music education and social change, as the Philharmonic works to connect with new audiences, especially young people and Black and Latino residents. Hsu-Tang, who has worked on international cultural heritage protection and rescue, advising UNESCO in Paris as well as the Cultural Property Advisory Committee under President Barack Obama , said "We support institutions that are game changers — that want to make changes, that act on changes — rather than institutions that were forced to make changes because of the pandemic,” she said. “This is not just a golden age for the New York Philharmonic. It’s a renaissance for New York, and it’s a renaissance for music, arts and culture.”Hsu-Tang, who also serves as chair of the board of the New‐York Historical Society, and Tang are among the city’s most prominent cultural philanthropists. In 2021, the Metropolitan Museum of Art announced that the couple had pledged $125 million to help rebuild its wing for modern and contemporary art, the largest capital gift in the museum’s history.After the 1989 Tiananmen Square massacre in Beijing, Tang teamed up with the architect I.M. Pei 貝聿銘 , the cellist Yo-Yo Ma 马友友 and others to establish the Committee of 100, a Chinese American leadership organization for advancing dialogue between the United States and China.Tang and Hsu-Tang have also championed efforts to fight racial discrimination. In early 2021, the couple founded the Yellow Whistle campaign to combat anti‐Asian hate, distributing 500,000 free yellow whistles emblazoned with the slogan “We Belong.” On Tuesday, the Philharmonic announced that Dudamel would come to New York in April for a festival celebrating the 100th anniversary of the Philharmonic’s Young People’s Concerts, which have helped introduce new generations to classical music. Dudamel, who had not been previously scheduled to appear this season, will lead the ensemble’s spring gala concert and participate in educational activities.Read the New York Times report: https://nyti.ms/3Rk4UJz Community Calendar APA Justice has launched a Community Calendar to track events and activities of interest to the Asian Pacific American, academic, and other communities. You can find it on the front page of the APA Justice website at https://www.apajustice.org/ . Mark Your Calendar: The Committee of 100 will hold its annual conference and gala in New York City on April 18-20, 2024. Upcoming Events: 2023/09/19 National Voter Registration Day 2023/09/20 Committee of 100 Asian American Career Ceilings: Voting and Representation National Science Foundation Listening Session 2023/09/21 Appeals Court Hearing of Feng "Franklin" Tao 陶丰 Appeal 2023/09/25-27 AAUC National Unity Summit 2023/09/27 1990 Institute: Teaching Asian American Narratives through Literature Visit https://bit.ly/45KGyga for event details. NOTE: Support Professor Feng "Franklin" Tao 陶丰, the first academic researcher to be prosecuted under the now-defunct "China Initiative," by attending the oral argument in Courtroom 2 of the Tenth Circuit Court of Appeals at 1823 Stout Street, Denver Colorado on Thursday, September 21, 2023, starting around 9:30 am MT. He is appealing one last count against him after all other charges were dismissed or acquitted. If you are not able to attend in person, you may watch it livestreamed through this link https://www.youtube.com/channel/UCz4oP87ziTjb7WpRwIGZf0g . Read about his case at https://bit.ly/3fZWJvK Back View PDF September 18, 2023 Previous Newsletter Next Newsletter

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Webinars APA Justice offers a curated collection of recorded discussions and presentations that explore critical issues affecting Asian American, Native Hawaiian, and Pacific Islander (AANHPI) communities and broader justice concerns. Featuring expert insights on topics such as the China Initiative, racial profiling, alien land laws, warrantless surveillance, and civil rights advocacy, these webinars provide historical context, policy analysis, and community perspectives. Explore series China Initiative US-China Relations Warrantless Surveillance 2020-2022 China Initiative The China Initiative webinar series highlights a critical set of conversations examining how the U.S. Department of Justice’s China Initiative disproportionately targeted Chinese American and Asian immigrant scientists, researchers, and scholars—often conflating national security fears with racial profiling and discriminatory practices. Capstone Town Hall: The End of The "China Initiative" Learn more >> 5. The Mistrial of Professor Anming Hu under the "China Initiative" Learn more >> 4. Legal Resources and Policy Advocacy - How to Combat Racial Profiling Under the “China Initiative” Learn more >> 3. Building Coalition Against “China Initiative” Discrimination - Fighting racial targeting of Asian Americans and communities of color, past & present Learn more >> 2. Policy Needs for U.S. Science and Scientists Learn more >> 1. The Human and Scientific Costs of The "China Initiative" Learn more >> US-China Relations APA Justice, the Committee of 100 (C100), and the US-China Education Trust (USCET) have come together to host a continuing joint webinar series focused on the intersection of U.S.–China relations and the civil rights and civil liberties of Asian American and immigrant communities. As geopolitical tensions increasingly impact domestic policies, public discourse, and community experiences, this series brings together thought leaders, legal experts, journalists, and advocates to examine emerging challenges, share informed perspectives, and explore constructive paths forward. 3. Geopolitics, Identity, and the Fight for Civil Rights Learn more 2. Bridging Nations: Global Competition for Talent & International Students Learn more 1. Bridging Nations: People-to-people Exchange in U.S.-China Relations Learn more Warrantless Surveillance APA Justice has hosted webinars on warrantless surveillance to examine its legal foundations, policy implications, and real-world impact on civil rights and civil liberties, especially on Section 702 of the Foreign Intelligence Surveillance Act. These programs are designed to inform and engage the community on how surveillance authorities—often justified on national security grounds—can disproportionately affect Asian American and immigrant communities. These webinars aim to promote greater transparency, accountability, and informed public dialogue on the balance between security and constitutional protections. Mass Surveillance and the ICE Crackdown: What the AAPI Community Needs to Know Learn more Perils of Warrantless Surveillance: The Case for Foreign Intelligence Surveillance Act Reform Learn more All Webinars Mass Surveillance and the ICE Crackdown: What the AAPI Community Needs to Know Watch Read More A Dialogue Between the Academic & Asian American Communities and the FBI Watch Read More 3. Geopolitics, Identity, and the Fight for Civil Rights Watch Read More 2. Bridging Nations: Global Competition for Talent & International Students Watch Read More 1. Bridging Nations: People-to-people Exchange in U.S.-China Relations Watch Read More China Initiative: Past and Present 中国行动的前世今生 Watch Read More 2. Fair Housing Rights & Alien Land Laws: Challenges and Advocacy for the Asian American Community Watch Read More 1. From Past Prejudice to Present Policy: The Impact of Land Ownership Exclusion Laws on Diverse Communities Watch Read More 2. Historical Re-Hash - Alien Land Law and SB147 Watch Read More 1. A Call to Stop Senate Bill 147 and All Alien Land Laws Watch Read More Perils of Warrantless Surveillance: The Case for Foreign Intelligence Surveillance Act Reform Watch Read More Reflecting on Prof. Gang Chen’s Case & Looking Ahead to the Future of the China Initiative Watch Read More Capstone Town Hall: The End of The "China Initiative" Watch Read More 5. The Mistrial of Professor Anming Hu under the "China Initiative" Watch Read More 4. Legal Resources and Policy Advocacy - How to Combat Racial Profiling Under the “China Initiative” Watch Read More 3. Building Coalition Against “China Initiative” Discrimination - Fighting racial targeting of Asian Americans and communities of color, past & present Watch Read More 2. Policy Needs for U.S. Science and Scientists Watch Read More 1. The Human and Scientific Costs of The "China Initiative" Watch Read More

Newsletter - #205 9/11 Meeting; No to Discriminatory Laws; March on Washington; "A Life Well Lived;" + #205 9/11 Meeting; No to Discriminatory Laws; March on Washington; "A Life Well Lived;" + In This Issue #205 2023/09/11 APA Justice Monthly Meeting Tell Congress NO To Discriminatory Land Laws; Is China Really Buying Up U.S. Farmland? NPR Interview UCA on March on Washington Vigil Honors "A Life Well Lived" at The University of North Carolina News and Activities for The Communities 2023/09/11 APA Justice Monthly Meeting The next APA Justice monthly meeting will be held via Zoom on Monday, September 11, 2023, starting at 1:55 pm ET. In addition to updates by Nisha Ramachandran , Executive Director, Congressional Asian Pacific American Caucus (CAPAC); John Yang 杨重远 , President and Executive Director, Advancing Justice | AAJC; and Gisela Perez Kusakawa , Executive Director, Asian American Scholar Forum (AASF), confirmed and invited speakers include: Clay Zhu 朱可亮 (confirmed) , Partner, DeHeng Law Offices 德恒律师事务所; Founder, Chinese American Legal Defense Alliance 华美维权同盟, to report on the latest developments of the lawsuit against Florida's discriminatory alien land law Deborah Seligsohn (confirmed) , Senior Associate (non-resident), Center for Strategic and International Studies; Assistant Professor, Villanova University on the case for US-China Science and Technology Agreement (STA) https://bit.ly/3OMc8En Steve Kivelson (confirmed), Prabhu Goel Family Professor of Physics Luke Blossom Professor, Stanford University, on the joint letter with Professor Peter Michelson to President Joe Biden and members of the National Security Council on renewing the STA https://bit.ly/44xTNPX Sudip Parikh (invited) , Chief Executive Officer and Executive Publisher Science Family of Journals at AAAS, on moving open science, basic research, and US-China collaboration forward in today's environment. Ting Wu (invited) , Advisor, Asian American, Native Hawaiian and Pacific Islander, Office of the Chief of Staff, The White House, on the letter to the President and more The virtual monthly meeting is by invitation only. If you wish to join, either one time or for future meetings, please contact one of the co-organizers of APA Justice - Steven Pei 白先慎 , Vincent Wang 王文奎 , and Jeremy Wu 胡善庆 - or send a message to contact@apajustice.org On August 24, 2023, Stanford University Professors Steven Kivelson and Peter Michelson sent a letter to President Joe Biden and the Members of the US National Security Council to express their strong support for renewing the Agreement Between the United States and China on Cooperation in Science and Technology , which was signed by U.S. President Jimmy Carter and Chinese Premier Deng Xiaoping on January 31, 1979. Their letter was endorsed by over 1,000 faculty and scholars from many US universities including multiple Nobel Laureates, members of the National Academies, and of the American Academy of Arts and Sciences. Read the letter: https://bit.ly/44xTNPX . Read the APA Justice coverage: https://bit.ly/3E9NmI8 Tell Congress NO To Discriminatory Land Laws; Is China Really Buying Up U.S. Farmland? NPR Interview 1. Tell Congress NO To Discriminatory Land Laws On August 25, 2023, the American Civil Liberties Union (ACLU) put out a call for the public to tell Congress: Say NO to Discriminatory Land Laws."Dangerous laws are being introduced at the state and federal level right now that use 'national security' as an excuse to discriminate against immigrants from China. In Florida, for example, Governor DeSantis has banned many Chinese immigrants from buying a house in much of the state – a move that is both unconstitutional and unfortunately, not new."This type of 'alien land law' should sound alarm bells for all of us. From the Chinese Exclusion Act of 1882, to the WWII incarceration of Japanese Americans, to the ongoing post-9/11 surveillance of Black and Brown communities – we’ve seen how such racist policies created under the guise of 'national security' are racist and used to scapegoat entire communities."We cannot allow history to repeat itself: Tell your Members of Congress to speak out against any law that falsely equates Chinese people with the Chinese government."Thanks to ACLU, take one easy step to tell Congress NO to discriminatory land laws at https://bit.ly/3qRsFOh 2. CNBC: Is China Really Buying Up U.S. Farmland? According to NBC News on August 26, 2023, state and federal lawmakers are pushing to regulate foreign ownership of U.S. real estate because of fears that Chinese entities are creating a national security risk by amassing swaths of U.S. farmland, some of it near sensitive sites.A review by NBC News of thousands of documents filed with the U.S. Department of Agriculture (USDA), however, shows very few purchases by Chinese buyers in the past year and a half — fewer than 1,400 acres in a country with 1.3 billion acres of agricultural land. In fact, the total amount of U.S. agricultural land owned by Chinese interests is less than three-hundredths of 1%.But the review also reveals a federal oversight system in which reporting of foreign ownership is lax and enforcement minimal. NBC News was able to review filings on foreign purchases and leases of agricultural land, meaning both farm and forestry land, from 35 states since Jan. 1, 2022. The vast majority of the transactions were European wind power companies leasing land from U.S. farmers to build wind turbines. One Italian wind company disclosed 40 new leases of farmland in just one rural Illinois county. The same company had leases in at least four other states.In those 35 states, NBC News found 11 purchases by Chinese entities that had been reported to the USDA from Jan. 1, 2022, to June 30, 2023.Several of the disclosures were not recent sales, and at least one was a repeat of a previous disclosure. Another was not reported to the government till it had been revealed in the media.Historically only about 3.1%, or 40 million acres, of the nation’s 1.3 billion acres of agricultural land has been owned by foreigners. Almost half of the foreign-owned land is forest. USDA records show that a third of the 40 million foreign-owned acres are held by Canadian interests, while Chinese interests hold less than 400,000 acres.In the name of national security, members of Congress have called for tougher laws to regulate foreign land purchases, criticizing existing efforts by the USDA to police disclosure.In late July, the Senate passed a ban on China, Russia, North Korea and Iran buying American agricultural land, but it’s unclear if the amendment will make it into the final defense spending bill that will go to a vote in Congress this fall.Read the NBC News report: https://cnb.cx/3sGWSAk 3. NPR: Slew of new landownership bills are reminiscent of anti-Asian Alien Land Laws On August 28, 2023, National Public Radio (NPR) talked with legal expert Edgar Chen , Special Policy Adviser for the National Asian Pacific American Bar Association (NAPABA), about the recent slew of legislation aimed at restricting U.S. land ownership for Chinese citizens and businesses.The following are excerpts of his responses:"Fear of so-called malign influence by the Chinese Communist Party over American agriculture or fear that China will use land for spying purposes has often been cited as the basis for introduction of these bills. But to be clear, several of these bills, as introduced, also placed restrictions on the ability of ordinary Chinese citizens to purchase residential real estate, like condos."In Florida, a law recently enacted there would prevent persons from certain countries that are deemed adversaries to the U.S. from purchasing agricultural land, land near military bases or critical infrastructure and - so most habitable areas. And that would ban persons from countries like China, Russia, Iran, North Korea, Syria, Venezuela or Cuba from doing so. But that Florida law has an entire separate section dedicated to restricting those from China. And that law even has higher penalties for those violating the Chinese section than for other sections. So there are felony provisions for violating the Chinese section of the Florida law and misdemeanors for the other sections."The Chinese spy balloon in February of this year doesn't help matters. That provided a tangible illustration of the ongoing geopolitical threat posed by China. But again, these laws that we've seen introduced do nothing to address that particular threat head on. I don't see how banning someone from buying a condo in the downtown area will address that particular threat."The problem is there is a false moral equivalency that equates ordinary Chinese citizens, even those with no ties to the Chinese Communist Party, as essentially being agents of those regimes. So these laws assume that if you immigrate from China, your loyalty is to China. And that's extraordinarily harmful to the broader Asian American community in this country."This country has already seen this movie before. We've experienced the discriminatory effects of these laws. The court that recently upheld the Florida law cited to a widely discredited 1923 precedent which contains language about those who are eligible for citizenship and therefore entitled to purchase property. And that 1923 Supreme Court precedent says that Natives of European countries are eligible. Japanese, Chinese and Malays are not. That is the type of case law that is being cited to. And as an Asian American and as a lawyer, I'm stunned that the court would continue to rely on a case that contains so much discriminatory reasoning. "As legal precedent, those alien land laws helped set the groundwork for the incarceration of Japanese Americans during the Second World War. So for the Asian American community, we have seen this. This slippery slope has already come and, we thought, gone."Listen to the interview and read the entire transcript at: https://n.pr/45Sa4k6 . Follow APA Justice coverage of Alien Land Bills at: https://bit.ly/43epBcl UCA on March on Washington According to a summary report on the 60th anniversary of the March on Washington by United Chinese Americans (UCA), several hundred members and partners joined the March at the Lincoln Memorial in Washington DC on August 26, including nine members of its Board of Directors. UCA made customized placards and banners such as "We Belong Here", "Against Asian Hate", "One Common Dream" and wore unified UCA T-Shirts. At the same time, as a symbol of anti-Asian hate, thousands of Yellow Whistles were distributed on the spot. The Yellow Whistles were described as "a symbol of self-preservation and solidarity in the fight against racism and anti-Asian violence," and feature a yellow color that "has been used as a symbol of hateful mentality against Asians." Haipei Shue 薛海培 , UCA President, was invited to have a cordial and in-depth conversation with Martin Luther King III and his daughter-in-law, Arndrea Waters King , and discussed the development of the American civil rights movement and cooperation.Haipei Shue remarked afterwards: "Today, I participated in the historic 60th anniversary March on Washington. I met with the King family and had a good talk. I expressed my gratitude from the Chinese community, telling them that without the March on Washington in 1963 and the vigorous civil rights movement in the 1960s, there would be no immigration law reform in 1965, and thus many Chinese would not be able to settle down in the United States today. I further told his family about the current difficult situation faced by the Chinese community such as the 'China Initiative' and the discriminatory alien land bills, as well as UCA outreach to various ethnic groups, including NAACP and the Jewish community. The King family is very interested in connecting with UCA to continue bilateral communications. The Chinese community was often absent in the past social and political movements in the United States. Today, more than 100 people from over ten states participated in this March with high visibility. It is a significant milestone worthy of everyone's pride! UCA calls for the launch of a new civil rights movement of our generation! Thanks again for the participation and concern of friends from far and near!" Steven Pei 白先慎 , Founding Chair of UCA, said, "Chinese Americans have a long history of civil rights movement, such as the Yik Wo v. Hopkins case in 1886." From participating in the previous March on Washington and building intercultural partnerships, advocating for the creation of racial studies, to participating in the Black Lives Matter protests, the Asian American community does not stop for civil rights for all. Early in the 2020 pandemic, UCA hosted a summit of Asian, Black and Jewish community leaders to discuss the challenges each community faces and ways to work together to address injustice. Chen Jian 陈健 , Founding Director of UCA came to the Lincoln Memorial early in the morning to provide logistical support. She said that "we Chinese Americans are facing various challenges at present. But we firmly believe that, as Martin Luther King Jr. conveyed, the dream of equality and justice must be inherited by each of us. This mission transcends skin color, transcends background, and is integrated into the veins of our great country. Let us work together to overcome difficulties and write a better and more inclusive future."Read the UCA report: https://bit.ly/47WGV9d . Read APA Justice's coverage of the 2023 March on Washington: https://bit.ly/3OVojxs Vigil Honors "A Life Well Lived" at The University of North Carolina According to the University of North Carolina (UNC) on August 31, 2023, thousands wore ribbons and lit candles at the Dean E. Smith Center service in memory of Zijie Yan 严资杰 , a brilliant, soft-spoken faculty member and nanoscience researcher killed in a campus shooting.The vigil at the Smith Center allowed the Carolina community to come together to process the fear and uncertainty caused by the shooting and resolve to be “Carolina Strong” in the wake of the tragedy.“His loss will be deeply felt by all those who knew him and loved him,” Chancellor Kevin M. Guskiewicz said to the mourners, who included Yan’s mother and two young children. “Dr. Yan left this world a better place for his brilliance, his commitment and the lives that he affected. That’s a life well lived and a life ended far, far too soon.”An estimated 5,000 faculty, staff, students and community members attended the vigil, and another 10,000 watched the livestream from the Smith Center. Many wore blue ribbons and held candles that were handed out at the Smith Center entrance. Music professors played somber selections on cello and violin as mourners filled the seats. Leah Cox , vice provost of equity and inclusion and chief diversity officer, reminded audience members of the mental health resources available for faculty, staff and students. “Let us never forget that we are truly one Carolina where hope always triumphs over fear, where inclusivity arises above difference,” she said.According to the South China Morning Post on August 30, 2023, a doctoral candidate Tailei Qi 齐太磊 , 34, was charged with first-degree murder and possession of a firearm on educational property. He was ordered held without bail until his next scheduled court appearance on September 18.Read the UNC report: https://unc.live/45BgVP4 . Read the South China Morning Post report: https://bit.ly/3PnoLGa United Chinese Americans (UCA) issued the following report in Chinese: 8月30日星期三晚，大约五千名北卡罗来纳大学（UNC）教堂山分校校园和社区成员，聚集在史密斯中心（Dean E. Smith Center）举行烛光守夜活动，纪念两天前在校园不幸遇害的严资杰教授。校长古斯基维奇（Kevin M. Guskiewicz）在讲话中表示，“所有认识他和爱他的人，都会对他的去世深感悲痛，严以他的才华、他的承诺以及他所带来的影响，让这个世界变得更美好，这样一个美丽的生命如此戛然而止，令人痛心。”音乐系教授演奏了大提琴和小提琴的忧郁音乐，陪伴在场的人们凭吊和追思。据报道，身为纳米科学研究人员，严是一位才华横溢、为人谦和的教授，有两个年幼的孩子。2005年在华中科大以计算机和材料工程本科双学位毕业后，严先后在纽约和芝加哥攻读硕士、博士和做博士后研究，2019年起在UNC担任副教授。他生前所在的艺术与科学学院、应用物理科学系系主任丁格曼斯（Theo Dingemans）回忆说，严是他见过的最友善的人之一，也是一位杰出的科学家，“他的研究计划突破了纳米科学的界限……我确信，这些研究最终将改变世界。”枪击案凶嫌齐太磊是严教授手下的博士在读学生，被控一级谋杀罪和在教育场所持有武器，不得保释，这两项罪名都是重罪，但目前对于动机尚没有确切的信息。根据2010年中国媒体的报道，他是河南省高考状元之一，家境拮据，父母务农，他在武汉大学读物理学，在进入UNC之前与路易斯安那州立大学获得材料科学与工程硕士学位。凶杀案引起华人社区的热议，有一些猜测是在背后存在长期的心理问题，呼吁学生注重精神健康并善用相关资源。 News and Activities for The Communities Mark Your Calendar - National API Elected Officials Summit API Coalition and Civic Leadership USA (CLUSA) will convene the Inaugural National API Elected Officials Summit on November 18-19, 2023, immediately following The Asia-Pacific Economic Cooperation (APEC) Leaders Meeting. This summit aims to facilitate the exchange of experiences, ideas, and the establishment of enduring relationships geared towards mutual support. The event will be held at The Westin St. Francis Hotel, 335 Powell St, San Francisco, CA 94102. Hundreds of current Asian Pacific Islander (API) elected officials, representatives from APEC member countries and regions, and the world's top business AANHPI elected officials will participate in the event. Contact Andy Li, President of API Coalition and CLUSA, at andy.j.li@gmail.com or (860)-263-9540 for additional details. APA Justice has also posted the event at its newly created Community Calendar: https://bit.ly/45KGyga Back View PDF September 4, 2023 Previous Newsletter Next Newsletter

Newsletter - #304 Arkansas Lawsuit Update; Meet Judith Teruya+; Legacies of Jimmy Carter; CJR Comment/WP #304 Arkansas Lawsuit Update; Meet Judith Teruya+; Legacies of Jimmy Carter; CJR Comment/WP In This Issue #304 · Latest Development on Arkansas Foreign Ownership Laws · Meet Judith Teruya - New Executive Director of CAPAC · The Legacies of Former President Jimmy Carter · CJR : Trump, the Public, and the Press · News and Activities for the Communities From Governor Gavin Newsom's Office - Get Help Today on LA Fires Californians can go to CA.gov/LAfires – a hub for information and resources from state, local and federal government. Individuals and business owners who sustained losses from wildfires in Los Angeles County can apply for disaster assistance: · Online at DisasterAssistance.gov · Calling 800-621-3362 · By using the FEMA smart phone application · Assistance is available in over 40 languages · If you use a relay service, such as video relay service (VRS), captioned telephone service or others, give FEMA the number for that service. Please share with your families, friends, and colleagues in the Los Angeles area. Latest Development on Arkansas Foreign Ownership Laws During the APA Justice monthly meeting on January 6, 2025, Professor Robert "Bob" S. Chang , Executive Director of Fred T. Korematsu Center for Law and Equality at the University of California Irvine School of Law, provided background and updates on the latest development on the Arkansas foreign ownership laws. With over 30 years in the legal academy, Bob has focused on anti-Asian discrimination in law, including alien land laws. He described his growing concern as these laws began to re-emerge in recent years, particularly with Florida’s 2023 law. Collaborating with legal scholars like Rose Cuison Villazor (Rutgers Law School) and Jack Chin (UC Davis Law School), and the law firm Foley Hoag, Bob worked on an amicus brief addressing the historical and discriminatory dimensions of these laws. Bob highlighted parallels between historical and contemporary laws targeting minority groups, emphasizing how national security concerns often serve as a “fig leaf” to justify discriminatory practices. Drawing from his experience advancing Fred Korematsu ’s legacy, he explained that the use of national security as a pretext is a recurring theme in American history. Alien Land Laws and Recent Litigation Bob detailed the recent rise of alien land laws, noting that approximately 20 states are considering or have implemented new versions. He provided specific insights into Arkansas, where two laws were passed in 2023: one restricting agricultural land ownership and the other targeting land associated with data centers. Though framed as addressing “countries of concern” per the International Traffic in Arms Regulations (ITAR) list, evidence suggests these laws primarily target individuals and entities linked to China.Bob joined the Arkansas case after the complaint was filed, working with lead counsel Alexander Jones in the Little Rock office of Kutak Rock, and contributing a historical perspective to demonstrate the broader context and impact of such laws. Also joining in the case as co-counsel is Paul Hoffman , a clinical law professor at UC Irvine, along with several of the students in his civil rights clinic. Legal Strategies and Outcomes Bob discussed the legal strategies used to challenge these laws, including filing motions for a temporary restraining order (TRO) and a preliminary injunction. He humorously advised against filing such motions around Thanksgiving due to the intense workload, sharing that his team worked through the holiday to secure the preliminary injunction. Ultimately, the judge granted the preliminary injunction but based the decision on statutory claims of federal preemption without reaching the constitutional claims.The federal preemption claims relied on the Foreign Investment Risk Review Modernization Act (FIRRMA), emphasizing that land ownership related to national security is under federal, not state, jurisdiction. While this argument succeeded, Chang warned that changes in federal policy or administration could weaken this approach. Historical Lessons and Federal Advocacy Bob drew historical parallels to the Chinese Exclusion Act of 1882, explaining how discriminatory state laws against Chinese immigrants in the 1870s led to federal legislation. He stressed the importance of proactive advocacy with organizations like APA Justice and engagement with groups like the Congressional Asian Pacific American Caucus (CAPAC) to prevent discriminatory policies at the federal level. Ongoing and Future Litigation Bob highlighted the broader legal battle against alien land laws, noting active cases in multiple states. Arkansas just filed its notice to appeal the preliminary injunction, and similar cases in states like Tennessee and Florida are advancing through the courts. He underscored the importance of building strong coalitions and setting favorable legal precedents, as these cases may ultimately reach the U.S. Supreme Court. Conclusion Bob concluded by emphasizing the need for vigilance and collaboration to combat discriminatory laws effectively. He expressed his willingness to engage further with interested parties, both during the Q&A session and offline.A summary of the January 6 APA Justice monthly meeting is being prepared at this time. Meet Judith Teruya - New Executive Director of CAPAC During the APA Justice monthly meeting on January 6, 2025, Judith Teruya spoke on her first official day as the Executive Director of the Congressional Asian Pacific American Caucus (CAPAC) under Chairwoman Grace Meng . She acknowledged the longevity and importance of these efforts, stating, "You all have been doing this for a long time through a lot of different circumstances and different issues coming up in the community across the country." Judith introduced herself and highlighted her professional journey, which began in Congresswoman Meng’s office. During her tenure, Judith contributed to significant legislative achievements, including the “COVID-19 Hate Crimes Act”, the passage of the “AANHPI Museum Study Act”, and the creation of a commission to establish a “Asian American, Native Hawaiian, and Pacific Islander (AANHPI) Museum”. Most recently, she served with the “White House Initiative on Asian Americans, Native Hawaiians, and Pacific Islanders (WHIAANHPI)” under Krystal Ka'ai ’s leadership before transitioning to her current role.Judith honored the legacy of CAPAC Chair Emeritus Judy Chu , acknowledging her transformative leadership over the years. Judith expressed her excitement about continuing CAPAC’s work and building upon its past achievements. Acknowledging the challenging political landscape ahead, she stated, "We know that the next couple of years are going to be a challenge. We know there are some challenging legislative battles that we have ahead of us in the House." Judith also referenced potential difficulties under a second Trump administration, noting, "We know from the first time around some of what we can expect... and so I really look forward to getting to work with you all." She emphasized the critical importance of ensuring that AANHPI communities are protected and actively involved in policymaking, saying, "Our communities must be seen, heard, and considered in the voices of policymaking, and not as an afterthought." Judith concluded by inviting collaboration and encouraging open communication, stating, "Please be in touch... I just look forward to getting to join you all monthly, moving forward.” Judith underscored her commitment to sustained engagement, listening to community concerns, and working together to address key issues impacting AANHPI communities.*****During the monthly meeting on January 6, Joanna YangQing Derman , Program Director of Advancing Justice | AAJC, provided a brief update on AAJC's opposition to the reauthorization of the House Select Committee on the CCP. She acknowledged that opposing this reauthorization was an "uphill battle," a reality confirmed by the recent passage of the rules package that reauthorized the Select Committee. Despite this setback, Joanna expressed gratitude to all the groups that joined AAJC's letter of opposition and reaffirmed AAJC's commitment to combating "harmful rhetoric and policies" that could lead to discriminatory backlash against the Asian Pacific Islander (API) community. She concluded by reaffirming further updates and actions in the weeks and months to come.*****During the same meeting, Dr. Kai Li , Vice President of the Asian American Scholar Forum (AASF), highlighted AASF's efforts and upcoming initiatives, emphasizing its role as a leading voice for the Asian American scholar community. He noted concerns about the potential resurgence of the "Chinese Initiative," stressing its negative impact on civil rights, talent retention, and U.S. competitiveness in global talent. Kai discussed AASF’s ongoing research on talent retention. A previous analysis revealed a significant loss of talent in the U.S., exacerbated by a chilling effect stemming from investigations targeting Asian American scholars. To deepen their understanding, AASF is initiating a new round of data analysis with updated information through 2024, aiming to uncover the primary reasons behind this talent exodus.AASF is also launching a national survey to gather feedback on new policies from scholars of all backgrounds. This effort includes collaboration with the National Institutes of Health (NIH) and the National Science Foundation (NSF) to understand reactions among scientists. The survey aims to facilitate closer cooperation with federal agencies and provide insights for policymaking.Kai mentioned discussions with university lobbying offices in Washington, D.C., regarding shared concerns. They include: · Potential taxation of university endowments. · Penalties for universities perceived as misaligned with administration priorities. · Legislative proposals restricting access to educational and economic opportunities for students from specific countries, particularly China. · Issues such as visa revocations at borders and penalizations of individuals based on historical affiliations with entities now on restricted lists. Kai reported that at AASF’s Annual Symposium at Stanford University on July 25-27, 2024, in partnership with the NSF, six Asian American scientists were recognized for their groundbreaking contributions with inaugural Asian American Pioneer Medals. · Nasir Ahmed : Inventor of discrete cosine transform, enabling modern video conferencing. · Raj Reddy : Developer of continuous speech recognition technology. · Teresa Meng : Innovator in Wi-Fi communication. · Frank Chung : Creator of the power amplifier for prolonged phone use. · Hyungsup Choi : Pioneer in semiconductor memory technology. · Dawon Kahng and Simon Sze : Co-inventors of floating gate memory, the fathers of flash memory. Dawon Kahng also invented MOSFET, the fundamental technology for semiconductor chips. Simon Sze published a book considered as the bible for semiconductors devices. A summary of the January 6 monthly meeting is being prepared at this time. The Legacies of Former President Jimmy Carter Dr. Yawei Liu , Senior Advisor of the Carter Center, has been involved with the center for over 25 years. During the APA Justice monthly meeting on January 6, 2025, Yawei delivered an insightful talk reflecting on the life, values, and contributions of former President Jimmy Carter , emphasizing lesser-known aspects of his legacy.Yawei highlighted President Carter's humility, honesty, and integrity, noting that while his presidency (1977–1981) is often criticized, his post-presidential accomplishments elevated him to one of the most admired former presidents. Yawei emphasized President Carter's refusal to capitalize on his political status, stating, “He would not take a penny” from honorariums or his Nobel Peace Prize earnings, instead directing all proceeds to philanthropic causes. Yawei noted, “His income is his pension, the royalties from his 33 books, and the proceeds from his farm.”President Carter’s modest lifestyle was underscored with examples such as his return to Plains, Georgia, where he lived in a $170,000, three-bedroom home. Yawei remarked, “The house, along with its three-acre compound, is cheaper than the Secret Service Suburban parked outside.” Carter and his wife, Rosalynn , planned to be buried on this property. President Carter's Humanitarian Efforts The Carter Center led a global campaign to eradicate Guinea worm disease, reducing cases from 3.5 million in 1986 to just 11 in recent years. Yawei quoted President Carter’s lifelong wish: “I would like to see all the worms gone before I die,” acknowledging the near success of this effort.President Carter’s 33-year dedication to volunteering a week annually with Habitat for Humanity exemplified his commitment to grassroots humanitarian work. He also lent his reputation to "The Elders," a group of former global leaders mediating conflicts worldwide, significantly enhancing its credibility. Diplomatic Contributions Yawei shed light on President Carter’s underappreciated role in resolving the nuclear crisis on the Korean Peninsula in the early 1990s. His 1994 meeting with Kim Il-sung helped establish a framework for peace, which later administrations attempted to follow.President Carter’s pivotal role in normalizing U.S.-China diplomatic relations in 1979 was another focus. President Carter’s interest in China began in childhood, inspired by letters from his uncle, a merchant marine, and his awareness of Baptist missionary work in the region. His first visit to China in 1949 exposed him to the devastation of the civil war, deepening his understanding of the country’s challenges. Yawei emphasized the lasting benefits of President Carter’s work, noting that normalization turned East Asia into a global economic engine. Yawei concluded by quoting President Carter's 2018 op-ed, where he called for “courageous leadership” to prevent a U.S.-China cold war. President Carter advocated for continued engagement, arguing that policies initiated under President Richard Nixon and solidified during his presidency brought peace and prosperity to East Asia. Rejecting engagement outright, President Carter warned, was “ludicrous and absurd.” Yawei celebrated President Carter’s enduring legacy as a global humanitarian and diplomat, urging future leaders to uphold his principles of humility, service, and a vision for a peaceful, interconnected world.A summary of the January 6 monthly meeting is being prepared at this time. CJR : Trump, the Public, and the Press On January 6, 2025, the Columbia Journalism Review article, "Trump, the Public, and the Press," examines the dynamic between Donald Trump ’s presidency, media coverage, and the influence of billionaire ownership in journalism. It highlights Trump’s combative relationship with the press, noting his ability to bypass traditional media through rhetoric and direct communication. This strategy, combined with his attacks on "fake news," has eroded public trust in journalism. The article discusses the challenges faced by media outlets owned by billionaires like Jeff Bezos ( The Washington Post ) and Patrick Soon-Shiong ( Los Angeles Times ), emphasizing the tightrope they walk between perceived bias, commercial interests, and editorial independence. The piece observes that “the public’s trust in media has plummeted, exacerbated by political polarization and a president who weaponized distrust.” The article also explores the broader implications of billionaire ownership in journalism. It raises concerns about how ownership can shape editorial direction, subtly aligning coverage with owners’ business interests or avoiding topics that could provoke political or financial backlash. “When billionaires own the press, the line between public interest and private interest can blur dangerously,” the article warns. It urges journalists to remain steadfast in their commitment to accountability and truth-telling despite growing external pressures, particularly in an era rife with misinformation and political manipulation. "The truth may not matter to the wealthy owners and CEOs who are treating Trump as much like a pope as a president. But journalists must redouble our efforts to expose every conflict of interest, every lie, and every threat to democracy," the article concludes.The article was authored by Norman Pearlstine . He began his journalism career in the 1960s. He has served as managing editor at the Wall Street Journal ; editor in chief, chief content officer, and vice chairman at Time Inc .; senior adviser at the Carlyle Group; chief content officer at Bloomberg News ; and executive editor of the Los Angeles Times . Read the Columbia Journalism Review article: https://bit.ly/4afy2Jx In a related story on January 9, 2025, New York Magazine reported "It’s Open Season on the Washington Post ." The report delves into the internal struggles and controversies facing The Washington Post as it grapples with leadership changes, financial pressures, and declining morale. Under CEO Will Lewis , the paper has faced layoffs, shrinking subscriptions, and waning confidence in its editorial vision. Interim executive editor Matt Murray has acknowledged “choppy waters ahead” for the publication. Jeff Bezos ’s intervention in rescinding the editorial board’s endorsement of Kamala Harris reportedly led to 250,000 subscription cancellations, further intensifying internal discord. Ann Telnaes , a Pulitzer Prize-winning cartoonist who recently left The Post , highlighted frustrations with the changing culture of the newsroom. Telnaes had created a cartoon that was ultimately blocked from publication by the paper's leadership. Reflecting on her departure, Telnaes said, “It’s not just about one cartoon—it’s about the larger issue of whether The Washington Post is still willing to take a stand.” Her departure underscores broader concerns, as one staffer noted that The Post is increasingly seen as “a stepping stone rather than a destination.” These issues have cast a shadow over the Post ’s ability to retain its identity as a journalistic powerhouse.Read the New York Magazine report: https://nym.ag/4gax7vj News and Activities for the Communities 1. APA Justice Community Calendar Upcoming Events: 2025/01/17-03/15 2025 Asian American Stories Video Contest: My Gift to America2025/01/19 Rep. Gene Wu's Town Hall Meeting2025/01/23 Community Reactions to the Trump Administration’s “Day One” Priorities2025/02/02 Rep. Gene Wu's Town Hall Meeting2025/02/03 APA Justice Monthly Meeting2025/02/13-15 2025 AAAS Annual Meeting2025/02/16 Rep. Gene Wu's Town Hall Meeting2025/03/02 Rep. Gene Wu's Town Hall Meeting2025/03/05 APA Justice Monthly MeetingVisit https://bit.ly/3XD61qV for event details. 2. Erratum George Ping Shan Koo 顧屏山 was born in Changting, China, in 1938. It was incorrectly reported as Hong Kong in APA Justice Newsletter Issue #303 . # # # APA Justice Task Force is a non-partisan platform to build a sustainable ecosystem that addresses racial profiling concerns and to facilitate, inform, and advocate on selected issues related to justice and fairness for the Asian Pacific American community. For more information, please refer to the new APA Justice website under development at www.apajusticetaskforce.org . We value your feedback. Please send your comments to contact@apajustice.org . Back View PDF January 17, 2025 Previous Newsletter Next Newsletter

Newsletter - #199 8/7 Meeting; Warrantless Surveillance; New Red Scare; Chen v FBI; Understanding FBI; + #199 8/7 Meeting; Warrantless Surveillance; New Red Scare; Chen v FBI; Understanding FBI; + In This Issue #199 2023/08/07 APA Justice Monthly Meeting Warrantless Surveillance - Section 702 of FISA Must Not Be Reauthorized Without Major Reforms The Case of Dr. Yanping Chen vs FBI, DOJ, DOD and DHS Reminder: Webinar on Understanding the FBI: Its Mission, Motivations, and Tactics News and Activities for the Communities 2023/08/07 APA Justice Monthly Meeting The next APA Justice monthly meeting will be held via Zoom on Monday, August 7, 2023, starting at 1:55 pm ET. In addition to updates by Nisha Ramachandran , Executive Director, Congressional Asian Pacific American Caucus (CAPAC); John Yang 杨重远 , President and Executive Director, Advancing Justice | AAJC; and Gisela Perez Kusakawa , Executive Director, Asian American Scholar Forum (AASF), speakers will include: Clay Zhu 朱可亮 , Partner, DeHeng Law Offices 德恒律师事务所; Founder, Chinese American Legal Defense Alliance 华美维权同盟, to report on the latest developments of the Florida lawsuit Echo King 金美声 , President, Florida Asian American Justice Alliance (FAAJA), to provide on-the-ground reports about the July 18 court hearing, press conference, and protests; and a brief report by Professor Shuang Zhao 赵爽 , Co-President, Yick Wo Institution 益和学会 Andy Wong, Managing Director of Advocacy, and Shanti Prasad , Advocacy Manager, Chinese for Affirmative Action (CAA), to give a brief introduction of CAA and its recent roles and activities in alien land laws, warrantless surveillance/reauthorization of Section 702, anti-Asian hate, and related topics Christine Chen , Executive Director, to give a brief introduction of APIAVote, observations on the communities' reaction to the alien land bills/laws, the introduction of laws in some states criminalizing those who assist voters (AP report: https://bit.ly/3NM9z3s ), and plans for the upcoming 2024 election The virtual monthly meeting is by invitation only. If you wish to join, either one time or for future meetings, please contact one of the co-organizers of APA Justice - Steven Pei 白先慎 , Vincent Wang 王文奎 , and Jeremy Wu 胡善庆 - or send a message to contact@apajustice.org FCRTV Webinar on July 22, 2023 On July 22, 2023, Florida Chinese Radio Television (FCRTV) 佛州华语广播电视台 broadcast a webinar in Chinese. Titled 从微信禁令案到佛州地产限购法案，朱可亮律师讲解在美华人的维权之路和启发 (From the WeChat Ban Case to the Florida Alien Land Law, Attorney Zhu Keliang explains the road and inspiration of Chinese people in the United States to defend their rights), the featured speaker of the webinar was Attorney Clay Zhu 朱可亮. Watch the FCRTV video at: https://www.youtube.com/watch?v=zOqobsVDX_A (2:05:26). Warrantless Surveillance - Section 702 of FISA Must Not Be Reauthorized Without Major Reforms On June 26, 2023, Asian American Scholar Forum (AASF), American Civil Liberties Union (ACLU), APA Justice, Brennan Center for Justice, and the Committee of 100 (C100) co-hosted a webinar on "Perils of Warrantless Surveillance - The Case for Foreign Intelligence Surveillance Act (FISA) Reform." Congresswoman Pramila Jayapal led off the webinar with opening remarks. Panelists were Gang Chen 陈刚 , Soderberg Professor of Power Engineering, MIT; Elizabeth Goitein , Senior Director, Brennan Center for Justice; Ashley Gorski , Senior Staff Attorney, ACLU; Brian A. Sun 孙自华 , Partner at Norton Rose Fulbright and C100 Board Member. The webinar was moderated by retired Judge Lillian Sing 郭丽莲 , California Superior Court. Section 702 of FISA was first enacted in 2008. The U.S. Constitution protects its people against unreasonable searches and seizures. However, under Section 702, the U.S. government engages in mass, warrantless surveillance of phone calls, text messages, emails, and other electronic communications between Americans and foreigners. Information collected under this law without a warrant can be used to prosecute and imprison people, even for crimes that have nothing to do with national security. Asian Americans, especially Chinese Americans and the immigrant and scientific communities, have been targeted for warrantless surveillance that led to wrongful and unjust prosecutions. They include Temple University Professor Xiaoxing Xi 郗小星 and possibly New York Police Department Officer Baimadajie Angwang 昂旺 . The current authority of Section 702 will expire on December 31, 2023. Congress has started debate on the reauthorization of Section 702. It is not the only tool being used to spy on American citizens without a warrant, which is in possible violation of the Fourth Amendment of the Constitution. A number of civil society organizations and national organizations have already weighed in and issued statements to oppose Section 702 reauthorization and warrantless surveillance unless there are major reforms. Subsequent to the June 26 webinar, a group of diverse national, state, and local organizations and individuals has been formed to plan for follow-up actions by the Asian American communities. A kickoff planning meeting was held on August 3, 2023.Watch the June 26 webinar: https://www.youtube.com/watch?v=3k56a4KuSn0 . Read the APA Justice web page on Warrantless Surveillance: https://bit.ly/3O6T43Q The Case of Dr. Yanping Chen vs FBI, DOJ, DOD and DHS Dr. Yanping Chen 陈燕平 is a naturalized U.S. citizen born in China. She was a cardiologist and medical researcher with the Chinese astronaut program. She came to the U.S. in 1987 to study and earned a Master’s degree and a Ph.D. in Public Policy from George Washington University. She married a U.S. citizen, became a lawful permanent resident in 1993, and a U.S. citizen in 2001. In 1998, Dr. Chen founded the University of Management and Technology in Arlington, Virginia, to provide secondary and graduate education to working adults. More than 12,000 students have received degrees in the last 20 years.In 2010, Dr. Chen became the focus of a Federal Bureau of Investigations (FBI) investigation. After 6 years of investigation, Dr. Chen was told that no charges will be filed against her in 2016. However, confidential information from the investigation was allegedly leaked to Fox News in or around 2017. On December 21, 2018, Dr. Chen filed a privacy lawsuit against the FBI, Department of Justice, Department of Defense, and Department of Homeland Security.According to Voice of America on August 3, 2023, Judge Christopher Cooper of the U.S. District Court for the District of Columbia issued a ruling that would force Catherine Herridge , then a journalist at Fox News and currently a CBS News correspondent, to participate in a deposition regarding the identity of her anonymous sources from her 2017 series of stories. In 2022, Dr. Chen subpoenaed Herridge and Fox News to try to determine the alleged leaker’s identity, but the journalist and news outlet rebuffed her efforts, citing First Amendment protections afforded to the press.But in Cooper’s ruling, he said Chen’s need for the evidence outweighed Herridge’s First Amendment privilege.According to the Washington Post on June 5, 2006, Wen Ho Lee 李文和 , a former nuclear weapons scientist who came under government suspicion of being a spy for China, settled a lawsuit over violation of his privacy rights and received $1.65 million from the government and five news organizations, including The Washington Post. Under the settlement, which was filed in U.S. District Court in Washington DC and cited in a joint statement by the five news organizations, Lee received $895,000 from the government for legal fees and taxes related to his lawsuit accusing the U.S. Justice Department and Energy Department of violating his rights under the Privacy Act by leaking information that he was under investigation for suspected espionage.The five news organizations -- the Washington Post , the New York Times , the Los Angeles Times , the Associated Press and ABC News -- agreed to pay Lee a total of $750,000 as part of the settlement.Read the Voice of America report: https://bit.ly/3OlJ5Gf . Read the Washington Post report : https://wapo.st/43YOM2N . Read the APA Justice web page on Dr. Yanping Chen : https://bit.ly/APAJ_Yanping_Chen Reminder: Webinar on Understanding the FBI: Its Mission, Motivations, and Tactics On August 10, 2023, the Asian American Scholar Forum will host a webinar on Understanding the FBI: Its Mission, Motivations, and Tactics, featuring Michael German. Mike is a fellow with the Liberty and National Security Program of the Brennan Center for Justice at New York University Law School, where his work focuses on counterterrorism, law enforcement, and intelligence reform. He previously served sixteen years as a special agent with the Federal Bureau of Investigation (1988- 2004), where he conducted criminal investigations and undercover operations. He is the author of “Disrupt, Discredit, and Divide: How the New FBI Damages Democracy“ (New Press, 2019). Register for the event at https://bit.ly/3pAMzwh News and Activities for the Communities 1. APA Justice Launches Community Events Calendar APA Justice has launched a Public Events Calendar on the front page of its website at https://www.apajustice.org/ . The new feature allows readers to view upcoming events with brief descriptions in one stop. Options are available to view the events by day, week, month, and agenda. We thank summer interns Charlotte Ding and Ryan Zhao for implementing this important functionality. 2. 2023/08/26 March on Washington On August 26, 2023, a 2023 March on Washington will commemorate the 60th anniversary of the historic March on Washington, organized by Dr. Martin Luther King Jr. and other civil rights leaders in 1963, to continue the fight for democracy, social justice and civil rights. Join the King family at the Lincoln Memorial to honor the past, acknowledge the present and march toward a future of progress and equality.Advancing Justice | AAJC is co-chairing this momentous event along with ADL, Human Rights Commission, Lawyers’ Committee for Civil Rights Under Law, The Leadership Conference on Civil and Human Rights, Legal Defense Fund, NAACP, National Coalition on Black Civic Participation, National Council of Negro Women, National Urban League and UNIDOS. Read the Advancing Justice | AAJC announcement: https://bit.ly/3E2JUPP . Register to join the Asian American, Native Hawaiian, and Pacific Islander Contingent at the 60th Anniversary of the March on Washington: https://bit.ly/3qjWTsY 3. Ji-Hyun Lee - 120th President of the American Statistical Association The American Statistical Association announced the election of Ji-Hyun Lee as its president. Her term begins January 1, 2025, with a one-year term as president-elect beginning January 1, 2024. Lee is believed to be the first person of Asian descent to serve in that capacity. "Understanding basic statistical and data literary is not only just important for students but is becoming increasingly crucial for everyone in the workforce," Lee said. "With the rapid growth of data-driven jobs and widespread use of data in the various sectors, data science and statistical education are vital for building a strong American workforce and maintaining competitiveness." Lee is a professor of biostatistics at the University of Florida College of Public Health and Health Professions and the University of Florida College of Medicine. She was on the board of directors for the Korean International Statistical Association from 2017 to 2022. Back View PDF August 6, 2023 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

The APA Justice Task Force submitted a statement for a briefing with Senator Mark Warner and his staff on August 6, 2020. August 6, 2020 The APA Justice Task Force submitted the following statement for a briefing with Senator Mark Warner and his staff on August 6, 2020. updateonracialprofilingmarkwarner_20200805 .pdf Download PDF • 513KB The APA Justice Task Force submitted a statement for a briefing with Senator Mark Warner and his staff on August 6, 2020. Previous Next Briefing with Senator Mark Warner

On September 9, 2021, Judge Thomas Varlan issued a Memorandum Opinion and Order and acquitted Professor Anming Hu of all charges in his indictment. September 9, 2021 On September 9, 2021, Judge Thomas Varlan issued a Memorandum Opinion and Order and acquitted Professor Anming Hu of all charges in his indictment. Professor Hu is the first academic to go to trial under the "China Initiative." Read more about the latest developments and background of Professor Hu's case at Anming Hu . On September 9, 2021, Judge Thomas Varlan issued a Memorandum Opinion and Order and acquitted Professor Anming Hu of all charges in his indictment. Previous Next Professor Anming Hu Acquitted

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Policy Advocacy See what we're doing Working with federal agencies and policy makers to advocate for social justice and rights. Social Justice The White House Office of Science and Technology Policy (OSTP) The Office of Science and Technology Policy advises the president on the effects of science and technology on domestic and international affairs. OSTP Developments This is a paragraph. Click to edit and add your own text. Add any information you want to share with users. Change the font, size or scale to get the look you want. Read More Item One Subtitle Goes Here This is a paragraph. Click to edit and add your own text. Add any information you want to share with users. Change the font, size or scale to get the look you want. Read More Item Two Subtitle Goes Here This is a paragraph. Click to edit and add your own text. Add any information you want to share with users. Change the font, size or scale to get the look you want. Read More Item Three Subtitle Goes Here On September 9, 2022, Dr. Steven Pei and Dr. Jeremy Wu, Co-Organizers of APA Justice, joined a virtual meeting with Senior Research Officers at the Association of American Universities (AAU). The meeting was moderated by Roger Wakimoto, Vice Chancellor for Research, UCLA. It included a 10-minute presentation by Steven and Jeremy on "Academic Freedom and Engaging Faculty on Campus - The Asian American Perspective " and a package of backgrounds and references , followed by questions and answers, and robust and productive discussions. The meeting continues our engagement and collaboration with AAU after Toby Smith, Vice President for Science Policy & Global Affairs, spoke at the APA Justice monthly meeting on June 6, 2022. Founded in 1900, AAU is composed of America’s leading research universities which collectively help shape policy for higher education, science, and innovation; promote best practices in undergraduate and graduate education; and strengthen the contributions of leading research universities to American society. PROPOSAL TO SENIOR RESEARCH OFFICERS OF THE AAU We suggested four wishes from the Asian American faculty perspective: Engage faculty in the development and implementation of NSPM-33 and similar policies on campus to make sure clear instruction, sufficient support, and proper training are provided to faculty, researchers, and administrative staff. “Establish (an independent or joint with faculty senate) committee (preferably led by a Chinese American faculty) to evaluate, define and protect the rights, privileges, and responsibilities of faculty and administration in cases involving the investigation of faculty by outside agencies” - a resolution passed by the faculty senate of a founding member of AAU Offer and publicize first response followed by independent legal assistance. Consider legal insurance in the long term. Help faculty, staffs, and students to resolve visa, border entry, and related issues. Dialogue with the AAU Warrantless Surveillance The U.S. Constitution protects its people against unreasonable searches and seizures. However, under Section 702 of the Foreign Intelligence Surveillance Act, the U.S. government engages in mass, warrantless surveillance of phone calls, text messages, emails, and other electronic communications. Information collected under this law without a warrant can be used to prosecute and imprison people, even for crimes that have nothing to do with national security. Chinese American immigrants and scientific communities, have especially been targets for warrantless surveillance leading to wrongful and unjust prosecutions. Learn more The China Initiative From November 11, 2018 to February 23, 2022, the US national security program created to address economic espionage disproportionately targeted Asian American academics, scientists, and researchers for what were largely administrative errors, harming academic freedom. Learn more See what we've been fighting Advocating for the rights of APA academics, researchers, and scientists. Academic Advocacy