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 - #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 - #323 4/7 Meeting; Texas Rallies; US Science; Profiling Scholars/Students; Litigations; More #323 4/7 Meeting; Texas Rallies; US Science; Profiling Scholars/Students; Litigations; More In This Issue #323 · 2025/04/07 APA Justice Monthly Meeting · First Report on Texas Tri-City Rallies Against Alien Land Bills · The Decline of Science in the U.S. under Trump 2.0 · Chinese Scholars/Students Face Heightened Scrutiny and Profiling · Latest on Litigations Against Trump's Executive Actions · News and Activities for the Communities 2025/04/07 APA Justice Monthly Meeting The next APA Justice monthly meeting will be held via Zoom on Monday, April 7, 2025, starting at 1:55 pm ET.In addition to updates by Judith Teruya , Executive Director, Congressional Asian Pacific American Caucus (CAPAC), Joanna YangQing Derman , Program Director, Advancing Justice | AAJC, and Gisela Perez Kusakawa , Executive Director, Asian American Scholar Forum (AASF), invited and confirmed speakers are: · Mark Takano , First Vice Chair, Congressional Asian Pacific American Caucus (CAPAC); Member, U.S. House of Representatives · Erwin Chemerinsky , Dean, Jesse H. Choper Distinguished Professor of Law, University of California, Berkeley · Cindy Tsai , Interim President, Committee of 100 · X. Edward Guo 郭向东 , President, Asian American Academy of Science and Engineering (AAASE) 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 . Congressman Mark Takano will make his remarks via recorded video on unprecedented challenges to our communities.In a recent opinion published by the New York Times , Dean Erwin Chemerinsky raised an alarming question: if Trump defies the Courts, then what? He also commented on President Trump's unprecedented demands on Columbia University. He will share his thoughts on these recent developments and more.The Committee of 100 (C100) is a nonprofit leadership organization of prominent Chinese Americans dedicated to advancing U.S.-China relations and promoting the full participation of Chinese Americans in American society. On April 25-26, 2025, it will host its annual conference and gala in Los Angeles to share insights on the state of Chinese Americans and the current and future condition of the U.S.-China relationship. Interim President Cindy Tsai returns to update us on recent developments with C100 and the annual event. Professor X. Edward Guo, Stanley Dicker Professor of Biomedical Engineering and Professor of Medical Sciences at Columbia University, is current President of Asian American Academy of Science and Engineering (AAASE). Professor Guo will introduce AAASE and comment on recent developments in higher education and research communities. First Report on Texas Tri-City Rallies Against Alien Land Bills On March 28, 2025, United Chinese Americans (UCA) issued a press release announcing protest rallies to be held in Austin, Dallas, and Houston, Texas. Asian Pacific American communities, alongside other ethnic groups, are mobilizing against Texas Senate Bill 17 (SB 17) and House Bill 17 (HB 17)—legislations that seeks to ban or restrict real estate ownership by certain foreign nationals under the guise of national security. A letter co-signed by Texas and national AAPI organizations reminds state legislators that the 59th Texas Legislature abolished the previous version of alien land laws in 1965 in a bipartisan effort. The letter states. "These bills are unconstitutional and discriminatory, as they target individuals based on their nation of origin. In other words, individuals are being denied their rights not for anything they have done, but simply because of where they come from." The letter urges lawmakers not to repeat past mistakes that echo historical injustices. Representative Gene Wu 吴元之 , chair of Texas House Democratic Caucus, points out that "The Texas Senate listened to our community's repeated pleas for fairness and respect, and instead they gave us more discrimination by passing SB 17 that puts us even closer to repeating the forced internment of Asian Americans 80 years ago. Our community must respond and mobilize, otherwise we will be welcoming this hate and suffer no less." Meanwhile, organizers of the Houston rally—Texas Multicultural Advocacy Coalition (TMAC) and United Chinese Americans (UCA)—are placing ads in the Houston Chronicle to amplify this call to action. UCA Action is also running print and digital ads in the Austin American-Statesman, San Antonio Express-News and Dallas Morning News to highlight the protest letter and mobilize public support. The tri-city rallies started in Austin at the Texas Capitol Grounds East Steps on March 29, 2025. According to CBS-19 , elected officials, including Congressman Lloyd Doggett (D-Austin), State Rep. Vikki Goodwin (D-Austin) and Austin City Council Member Mike Siegel of District 7, spoke against HB 17 and SB 17 at the rally.“Ultimately this fight, in my eyes, is about who gets to be American,” said Daniel Wang . “I think America is great and has been great and was made great by its promise that, you know, we welcome everyone who wants to come here and contribute.”SB 17 passed the Texas Senate on March 19. A public hearing for HB 17 will be held on April 3 in the Texas House Homeland Security, Public Safety & Veterans Affairs Committee. The meeting starts at 10:30 a.m. APA Justice will report on March 30 rallies in Dallas and Houston and continuing developments in the next newsletter. The Decline of Science in the U.S. under Trump 2.0 According to multiple media reports, the United States has experienced a notable decline in scientific research and development under Trump 2.0, marked by significant policy shifts and funding reductions. One of the administration's early actions was a freeze on federal grants, leading to widespread uncertainty within the scientific community. This freeze has disrupted ongoing research projects and hindered the initiation of new studies. The Trump administration has imposed substantial funding cuts to prominent universities, which are heavily reliant on federal research grants. These cuts have compelled institutions to make difficult decisions, including reducing graduate student admissions and implementing hiring freezes, thereby affecting the future landscape of American research and innovation.Environmental and climate science programs have faced particularly severe setbacks . The Environmental Protection Agency (EPA) has undergone significant budget reductions and staff layoffs, undermining its capacity to enforce environmental regulations and conduct critical research. Climate science initiatives at agencies like NASA and the National Oceanic and Atmospheric Administration (NOAA) have experienced funding cuts, impeding efforts to monitor and address climate change. The administration has also appointed conspiracy theorists skeptical of established scientific consensus to key positions, such as Robert F. Kennedy Jr. appointment to head the Department of Health and Human Services (HHS), which has announced plans to cut 10,000 full-time employees across health agencies on top of 10,000 employees who have left voluntarily, shrinking the workforce from about 82,000 full-time employees to 62,000. On March 28, 2025, the Washington Post reported that the Trump administration pushed out Peter Marks , the nation’s top vaccine regulator and an architect of the U.S. program to rapidly develop coronavirus vaccines amid a worsening U.S. outbreak of measles. “It has become clear that truth and transparency are not desired by the Secretary, but rather he wishes subservient confirmation of his misinformation and lies,” Marks wrote in his resignation. He was offered the choice to resign or be fired. He opted to resign, with an effective departure date of April 5.These collective actions have prompted widespread concern among scientists and researchers, leading to organized protests such as the " Stand Up for Science 2025 " rallies. These demonstrations reflect the scientific community's alarm over policies as undermining scientific integrity and progress. These policies have prompted many scientists to consider relocating abroad. According to Nature on March 27, 2025, more than 1,200 scientists who responded to an online poll — three-quarters of the total respondents — are considering leaving the United States following the disruptions prompted by Trump. Europe and Canada were among the top choices for relocation. The trend was particularly pronounced among early-career researchers. Of the 690 postgraduate researchers who responded, 548 were considering leaving; 255 of 340 PhD students said the same. According to Science on March 17, 2025, Emma , an early-career chemist, withdrew from a faculty position at the University of Mississippi due to concerns over the Trump administration’s impact on higher education, including threats to federal funding and diversity initiatives. Her decision reflects a broader trend of U.S.-based researchers seeking opportunities abroad as uncertainty grows over academic stability. Countries like France and China are actively recruiting displaced scientists, with initiatives such as Aix Marseilles University’s “Safe Place for Science” and direct outreach from researchers like Yi Rao at Peking University.However, while some nations welcome this talent shift, financial constraints in countries like Canada, the UK, and the Netherlands may limit their ability to absorb U.S. researchers. Experts warn that Trump’s policies could trigger a broader exodus from global science, as universities face funding cuts and instability. Although legal challenges may delay the full impact, the trend suggests a potential loss of scientific talent, with no clear destination for displaced researchers. Chinese Scholars/Students Face Heightened Scrutiny and Profiling Under Trump 2.0, Chinese and Asian scholars and students have faced heightened scrutiny and profiling. Visa Restrictions and Deportations Republican members of Congress and the Trump administration have intensified visa restrictions, notably through the Stop CCP VISAs Act, introduced by Representative Riley Moore (R-WV). This proposed legislation aims to halt the issuance of student visas to Chinese nationals, citing concerns over espionage and intellectual property theft. International students have also become targets of Immigration and Customs Enforcement (ICE), leading to detentions and deportations from college campuses. Notable cases include students from Columbia and Cornell universities, sparking protests and legal actions by organizations like the American Civil Liberties Union (ACLU) and the American Association of University Professors (AAUP). Scrutiny of Chinese Students and Scholars Republican members of the House Select Committee on the Chinese Communist Party (CCP), chaired by Representative John Moolenaar (R-MI), has targeted Chinese students in U.S. universities under the pretense of national security. In March 2025, the committee sent letters to presidents of six universities, requesting detailed information about their Chinese student populations and research activities. Without substantive facts and evidence, the committee alleges that the CCP has established a systematic pipeline to embed researchers in leading U.S. institutions, providing them direct exposure to sensitive technologies with dual-use military applications. Impact on Higher Education Institutions Universities with significant Asian and Asian American populations have faced increased scrutiny over international collaborations, especially those involving Chinese researchers. For example, Carnegie Mellon University (CMU) in Pittsburgh has highlighted potential impacts due to proposed federal funding cuts and restrictions on Diversity, Equity, and Inclusion (DEI) initiatives. These measures threaten the region's economy and its identity as an innovation hub. Challenges to Diversity Initiatives By diverting resources to investigate and potentially sue universities implementing diversity programs, the Trump administration threatens to reverse progress toward educational equity. This move has been criticized as an attempt to exploit divisions among communities of color and disrupt policies that help marginalized groups gain access to higher education. Rise in Anti-Asian Sentiment Following President Trump's 2024 election, there has been a marked increase in anti-Asian hate, particularly in online spaces. Between November 2024 and January 2025, anti-Asian slurs and threats of violence surged, with South Asian communities being disproportionately targeted. This rise in xenophobic rhetoric has created a hostile environment for Asian American students and scholars, affecting their sense of safety and belonging within academic institutions. Latest on Litigations Against Trump's Executive Actions As of March 30, 2025, the number of lawsuits against President Donald Trump 's executive actions reported by the Just Security Litigation Tracker has grown to 152 (3 closed cases). These are some of the latest developments: · Block on Alien Enemies Act Deportations Extended . On March 27, 2025, the legal team led by ACLU, Democracy Forward, and the ACLU of the District of Columbia filed a motion to extend the Temporary Restraining Orders (TROs) set to expire on March 29 for 14 days, claiming that good cause exists to extend the TROs. On March 28, the Court ordered the extension of the TROs until April 12, 2025. · Diversity, Equity, Inclusion, and Accessibility . In the case of State of California v. U.S Department of Education (1:25-cv-10548) , eight states challenge the Department of Education’s decision to terminate approximately $250 million in federal grants under the Teacher Quality Partnership and Supporting Effective Educator Development programs. On March 24, Judge Myong J. Joun granted Plaintiffs’ request to extend the TRO until April 7. On March 26, the government appealed to the U.S. Supreme Court to vacate the order by the district court and issue an administrative stay. In the case of Chicago Women in Trades v. Trump (1:25-cv-02005) , U.S. Judge Matthew Kennelly for the Northern District of Illinois granted a Temporary Restraining Order to block the implementation of two of Trump's DEI Executive Orders. · Actions Against Law Firms Blocked. On March 28, 2025, the law firm WilmerHale sued the Executive Office of the President and several government agencies over Trump’s March 27 executive order (EO) terminating government contracts, denying members of the firm access to federal employees, and suspending employees’ security clearances. U.S. Judge Richard Leon of the District of Columbia granted the law firm’s request to temporarily block several sections of the EO. In a separate lawsuit Jenner & Block LLP v. U.S. Department of Justice (1:25-cv-00916) , U.S. Judge John Bates of the District of Columbia also granted the Temporary Restraining Order to temporarily block several sections of the EO. News and Activities for the Communities 1. APA Justice Community Calendar 2025/04/07 APA Justice Monthly Meeting2025/04/13 Rep. Gene Wu's Town Hall Meeting2025/04/15 China Connections: A Conversation with Emily Feng2025/04/24-26 Committee of 100 Annual Conference and Gala2025/04/27 Rep. Gene Wu's Town Hall Meeting2025/05/05 APA Justice Monthly Meeting2025/05/12-14 APAICS Annual Summit and GalaVisit https://bit.ly/3XD61qV for event details. 2. Temporary Injunction on Florida State Law (SB846) On March 28, 2025, a federal judge issued a preliminary injunction against a Florida law known as SB846 that essentially bans international students from China and six other countries. This is a milestone victory for racial equity and academic freedom as other red states and the Congress are considering similar discriminatory laws. The lawsuit Yin v. Diaz (1:24-cv-21129) is led by Chinese American Legal Defense Alliance 华美维权同盟 (CALDA), ACLU Florida, and Perkins Coie. Clay Zhu 朱可亮 , Co-Founder of CALDA, gave an update at the APA Justice monthly meeting on March 3, 2025: https://bit.ly/4iOexLD 3. CAPAC Chair Meng Statement on the Anniversary of United States v. Wong Kim Ark Decision On March 28, 2025, Rep. Grace Meng 孟昭文 , Chair of the Congressional Asian Pacific American Caucus, released a statement marking the 127th anniversary of the United States v. Wong Kim Ark decision upholding birthright citizenship as a constitutionally protected right:“Today marks 127 years since the landmark United States v. Wong Kim Ark decision that affirmed birthright citizenship to anyone born in our country, including those born to immigrant parents. This was established by the Supreme Court, even as the Chinese Exclusion Act and anti-Asian sentiment was in full force in the 1800s, because the Constitution made clear that ‘all persons’ born in the United States means ‘all persons.’“Despite this century-old legal precedent, President Trump issued an unlawful executive order to revoke birthright citizenship and eliminate the core principle that has allowed millions of Asian Americans and Pacific Islanders to become U.S. citizens. It is a flagrant violation of the Fourteenth Amendment and the President’s oath to protect and defend the Constitution. “This is nothing more than a desperate attempt to sow division and stoke xenophobic sentiment for political gain. We will not allow this administration to trample over the Constitution and redefine who is American. I vow to fight tooth and nail against this unlawful action and to protect the principles that have made our country into what it is today.” # # # 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 March 31, 2025 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

Newsletter - #325 Rep. Mark Takano; Birthright Citizenship; "Hands Off!"; Xiaofeng Wang; Litigations; + #325 Rep. Mark Takano; Birthright Citizenship; "Hands Off!"; Xiaofeng Wang; Litigations; + In This Issue #325 · Remarks by Rep. Mark Takano at APA Justice Monthly Meeting · Birthright Citizenship: Legal, Historical, and Civic Resistance to EO · Nationwide "Hands Off!" Rallies · China Initiative 2.0? The Case of Professor Xiaofeng Wang · Latest on Litigations Against Trump's Executive Actions · News and Activities for the Communities Remarks by Rep. Mark Takano at APA Justice Monthly Meeting Rep. Mark Takano, First Vice Chair of Congressional Asian Pacific American Caucus (CAPAC) in the 119th Congress, opened the April 7, 2025, APA Justice monthly meeting with a recorded video message, now available at https://bit.ly/3R595Yv (2:23).In his remarks, Rep. Takano strongly condemned the Trump administration’s invocation of the Alien Enemies Act—a law historically used to incarcerate Japanese Americans, including members of his own family, during World War II. He expressed deep concern that this authority is now being used to deport individuals without due process, warning that such actions edge the nation toward a constitutional crisis. He criticized the Justice Department’s refusal to provide transparency regarding those detained or deported, which has left families in anguish and non-citizen residents in fear. Rep. Takano further warned that these abuses are part of a broader pattern of civil liberties violations, particularly targeting the Asian American, Native Hawaiian, and Pacific Islander (AANHPI) community. He cited disturbing policies such as the revival of the discredited China Initiative, attacks on birthright citizenship, and the promotion of racial suspicion. These actions, he said, are aimed at silencing and sidelining those who do not "agree, act, or look like" those in power. Reaffirming his commitment to justice, Rep. Takano pledged to use his voice and platform to defend vulnerable communities and urged APA Justice and its allies to continue their advocacy. He welcomed input from the meeting that could support CAPAC’s work and broader community efforts.Rep. Takano’s office can be contacted at Takano.Press@mail.house.gov or 202-225-2305. A summary of the full April 2025 APA Justice monthly meeting is currently in preparation. Birthright Citizenship: Legal, Historical, and Civic Resistance to EO On January 20, 2025, President Donald Trump issued Executive Order 14160, seeking to revoke birthright citizenship for certain children born in the United States. The move triggered swift and widespread legal opposition. States, civil rights organizations, and advocacy groups, promptly filed multiple lawsuits, asserting that the order violates the Citizenship Clause of the 14th Amendment and defies mor than 125 years of established legal precedent, most notably the Supreme Court's landmark 1898 decision in United States v. Wong Kim Ark . 1. Trump Administration's Retcon 特朗普政府的重塑 Edgar Chen 陳春品 served for a decade at the U.S. Department of Justice, including as Counsel to the Assistant Attorney General for the Criminal Division, in the Office of Legislative Affairs, and as senior trial attorney leading investigations and civil and criminal cases against suspected human rights violators. Among his previous work, he was Policy Director for the National Asian Pacific American Bar Association and continues to advise the organization on combating anti-Asian hate crimes and discrimination. Chris M. Kwok 郭文 is an Adjunct Assistant Professor in Asian American studies at Hunter College.On March 28, 2025, Edgar and Chris published an article for the Just Security Litigation Tracker on legal challenges to actions taken by the Trump administration. Titled " The Trump Administration’s 14th Amendment Retcon: ‘Wong Kim Ark’ Does Not Limit Birthright Citizenship ," the article argues: "It was no coincidence that President Donald Trump announced on the campaign trail that he would seek to end birthright citizenship via executive order on the heels of the 125th anniversary of the Supreme Court’s decision in United States v. Wong Kim Ark. For well over a century, Congress, the courts, the executive branch, and the American public have understood and adhered to the principle set forth by the Court in 1898 that U.S. citizenship is automatically conferred to anyone born in the United States (except the children of diplomats and occupying foreign powers). Trump’s Executive Order No. 14160, however, distorts the Wong Kim Ark decision, apparently in the belief that the Court’s language provides a blueprint to limit birthright citizenship only to the children of U.S. citizens and lawful permanent residents (“LPRs” or green card holders). Not so. To retcon Wong Kim Ark’s parents as the equivalent of current day green card holders is both legally and historically mistaken."Read the full article: https://bit.ly/4chB1SA 陳春品（Edgar Chen ）在美国司法部任职十年，期间曾担任刑事司助理司法部长的法律顾问、立法事务办公室成员，并担任高级审判律师，主导对涉嫌侵犯人权者的调查以及民事和刑事案件的处理。在此之前，他曾担任全美亚太裔律师协会的政策总监，并持续为该协会提供建议，协助应对反亚裔仇恨犯罪和歧视问题。 郭文 (Chris M. Kwok) 是亨特学院亚裔美国人研究的兼职助理教授。2025年3月28日，陳春品和郭文在《Just Security Litigation Tracker》上发表了一篇关于法律挑战特朗普政府政策的文章。标题为《特朗普政府重塑《第十四修正案》—《黄金德案》并未限制出生公民权》，文章主张："特朗普总统在竞选期间宣布，他将通过行政命令终止出生公民权，这一决定恰逢美国最高法院在《美国诉黄金德案》（United States v. Wong Kim Ark）判决125周年之际。这绝非巧合。在过去一个多世纪里，美国国会、法院、行政部门和公众都一直遵循并承认该案确立的原则，即在美国出生的人（除外交官及外国占领国的子女外）都自动获得美国公民身份。然而，特朗普签署的第14160号行政命令（Executive Order No. 14160）曲解了《黄金德案》的裁决，似乎认为该判决提供了一种限制出生公民权的法律依据，使其仅适用于美国公民和合法永久居民（即“LPR”或“绿卡持有者”）的子女。但事实并非如此。将黄金德的父母错误地“重塑”（retcon）为现代绿卡持有者，既不符合法律，也不符合历史事实。"阅读APA Justice的张涓全文翻译: https://bit.ly/3FYgQx1 2. Timeline Visualization: Past and Present on Birthright Citizenship With few exceptions (such as children of foreign diplomats), anyone born on U.S. soil automatically becomes a U.S. citizen at birth. Birthright citizenship grants automatic citizenship to individuals born within a country's territory, regardless of their parents' nationality or immigration status. In the United States, it is enshrined in the 14th Amendment of the Constitution, which states: "All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside." Despite its deep-rooted history, President Donald Trump issued an executive order in January 2025 attempting to strip birthright citizenship, bypassing the constitutional amendment process. APA Justice's Jeremy Wu and Madeleine Gable have created a timeline visualization of 39 stories that traces the historical background, legal struggles, and ongoing battles surrounding this fundamental right. With exceptions of the Native Americans and Pacific Islanders, the United States is a nation built and prospered by immigrants. Some came earlier than others. Some came more willingly than others. But we all belong to this nation. Watch the timeline visualization in 2D or 3D: https://bit.ly/4hvY4L4 3. Amicus Briefs Filed with Supreme Court According to the New York Times on April 4, 2025, immigrant groups and leaders of 22 Democratic-led states pushed back sharply against the Trump administration’s request that the Supreme Court lift a temporary nationwide ban blocking the president’s order to end birthright citizenship for the children of undocumented immigrants and foreign residents.Three federal courts, in Massachusetts, Maryland and Washington State, have blocked the Trump executive order while litigation proceeds. · Casa Inc. v. Trump (8:25-cv-00201) @Maryland. “There is nothing ‘modest’ about the government’s request for emergency relief in this case,” according to the brief filed on behalf of two immigrants’ rights groups, CASA Inc. and the Asylum Seeker Advocacy Project. If the justices granted the government’s request, the challengers argued, “chaos would ensue.” Supreme Court Case Number is 24A884. · State of Washington v. Trump (2:25-cv-00127) @Washington. The Plaintiffs emphasize in a brief that the injunction upholds over 125 years of constitutional precedent under the Fourteenth Amendment and warn that lifting it would cause profound and irreversible harm to fundamental rights, risking statelessness for newborns and violating core democratic principles. They urge the Court to preserve the injunction while appeals proceed. Supreme Court Case Number is 24A885. State of New Jersey v. Trump (1:25-cv-10139) @Massachusetts. A number of attorneys general of Democratic-led states filed a brief that said lifting the nationwide block would allow the administration “to strip thousands of American-born children of their citizenship, in every state or at least in 28 states, while these challenges proceed — even if doing so would contravene settled nationwide precedent.” Supreme Court Case Number is 24A886. 4. APA Justice Monitors Continuing Developments APA Justice has developed a web page to cover the Birthright Citizenship issue at https://bit.ly/3CNjtR1 . It currently covers: · What is Birthright Citizenship? · Donald Trump Executive Order · Why Protect Birthright Citizenship? · Timeline Visualization · Historical Context · Related Media · Legal Battles · Summary Readers are encouraged to visit the website and send their suggested edits and additions to contact@apajustice.org . Nationwide "Hands Off!" Rallies According to AP News , AsAmNews , CNN , Washington Post , and multiple media reports, on April 5, 2025, " Hands Off! " demonstrations were organized for more than 1,200 locations in all 50 states by more than 150 groups, including civil rights organizations, labor unions, LBGTQ+ advocates, veterans and elections activists. According to AP News , hundreds of thousands of protesters across the United States participated in "Hands Off!" rallies, expressing opposition to President Donald Trump and billionaire Elon Musk . The demonstrations, spanning from New York to Alaska, were fueled by concerns over the administration's policies and Musk's involvement in government affairs, particularly through the "Department of Government Efficiency" (DOGE). Protesters voiced fears about government downsizing, potential privatization of public services, and the overreach of Musk's influence in public policy. These nationwide protests underscore a growing public apprehension regarding the direction of current governmental actions and the roles played by influential private individuals in shaping policy decisions. According to CNN , the "Hands Off!" protests unfolded across all 50 U.S. states and globally, including London and Paris. Florida Rep. Maxwell Frost spoke at a rally in Washington DC, urging people to take action by protesting, donating to mutual aid, participating in direction action and focusing on legislative strategies. “Throughout human history, authoritarians, they’re never satisfied with the power they have, and so they test the bounds, they push the limits, they break the law, and then they look at the public to see if they’re quiet or if they’re loud,” said Rep. Frost.According to the Washington Post , tens of thousands of protesters gathered in front of the Washington Monument to oppose President Donald Trump and adviser Elon Musk 's policies, including the dismantling of federal agencies and the imposition of sweeping tariffs. Speakers like Rep. Jamie Raskin (D-Md.) criticized the administration for economic downturns and authoritarian tendencies. There is no future with a president who has “the politics of Mussolini and the economics of Herbert Hoover... Our founders wrote a Constitution that does not begin with ‘We the dictators,’ the preamble says ‘We the people,’” Rep. Raskin said , holding signs condemning the administration. “No moral person wants an economy-crashing dictator who knows the price of everything and the value of nothing.” The White House postponed spring garden tours due to the anticipated size of the protests. AsAmNews published a collection of pictures of Asian Americans participating at the "Hands Off! protest in St. Paul, Minnesota. China Initiative 2.0? The Case of Professor Xiaofeng Wang According to multiple media reports, Xiaofeng Wang 王晓峰 , a prominent cybersecurity professor at Indiana University Bloomington (IUB), was terminated from his position on March 28, 2025—the same day that FBI and Department of Homeland Security agents searched his residences in Bloomington and Carmel, Indiana. The university has not publicly disclosed the reasons for his dismissal.As of now, neither Professor Wang nor his wife, Nianli Ma —a systems analyst at the university—have been arrested or charged with any crimes. Their attorney confirmed that the couple is safe and unaware of any pending criminal charges.The American Association of University Professors' Bloomington chapter has criticized the university's handling of Professor Wang's termination, asserting that it violated due process and university policies. Professor Wang had recently accepted a position at a university in Singapore prior to his dismissal from IUB.The specific reasons behind the federal investigation remain undisclosed, and the search warrants have been sealed. Efforts have been made to unseal these documents to gain clarity on the situation. According to Indiana Public Media , Professor Wang is represented by Attorneys Jason Covert and Jackie Bennett Jr. of Taft Law .APA Justice is monitoring developments in Professor Wang’s case: https://bit.ly/42tbPVR Latest on Litigations Against Trump's Executive Actions As of April 8, 2025, the number of lawsuits against President Donald Trump 's executive actions reported by the Just Security Litigation Tracker has grown to 178 (4 closed cases). These are some of the latest developments: · According to AP News , on April 7, 2025, the Supreme Court ruled in a sharply divided 5-4 decision that the Trump administration can proceed with deporting Venezuelan migrants under the 1798 Alien Enemies Act -- so long as each individual receives a court hearing prior to removal. The decision stems from President Trump's classification of the Venezuelan gang Tren de Aragua as an "invading force" in J.G.G. v. Trump (1:25-cv-00766) . TheCourt's conservative majority also determined that legal challenges must ve filed in Texas rather than Washington, D.C. In response, ACLU has filed an emergency lawsuit seeking a new temporary restraining order in a different court, consistent with the Court's ruling, to prevent immediate deportations and ensure due process protections. · Attorneys general from 21 states, led by Rhode Island, have filed a federal lawsuit State of Rhode Island v. Trump (1:25-cv-00128) to block President Trump’s March 14 executive order to dismantle the Institute of Museum and Library Services (IMLS) and six other federal agencies. The plaintiffs argue the order violates both the Constitution and the Administrative Procedure Act by bypassing Congress and abruptly defunding programs without due process. The suit notes that 85% of IMLS staff were placed on leave, grants were rescinded, and no public explanation was offered. The states are seeking an emergency injunction to restore agency functions and prevent irreparable harm to public services and interstate programs. · The New Civil Liberties Alliance, funded by conservatives Leonard Leo and Charles Koch , has filed suit against Trump's use of the International Emergency Economic Powers Act (IEEPA) to impose tariffs on Chinese imports. The group argues that this action is unlawful, as the IEEPA was not designed for tariffs and the power to impose them lies with Congress. The lawsuit, Emily Ley Paper Inc v. Trump (3:25-cv-00464) , contends that IEEPA was never intended for economic tariffs and that such powers rest with Congress. The suit is supported by Simplified, a Florida-based importer, and underscores growing unease among business leaders and even some Republicans about the economic fallout of Trump’s tariff policies. The plaintiffs also challenge the administration’s attempt to link the tariffs to the fentanyl crisis, arguing that the rationale is pretextual. News and Activities for the Communities 1. APA Justice Community Calendar 2025/04/13 Rep. Gene Wu's Town Hall Meeting2025/04/14 State of Play Virtual Town Hall2025/04/15 China Connections: A Conversation with Emily Feng2025/04/22 Scholars Not Spies: Fighting for International Academic Workers’ Rights in an Era of Rising US-China Conflict2025/04/24 CHINA Town Hall: The First 100 Days: President Trump's China Policy2025/04/24-26 Committee of 100 Annual Conference and Gala2025/04/27 Rep. Gene Wu's Town Hall Meeting2025/05/05 APA Justice Monthly Meeting2025/05/06 Asian American Careers - How to Build Your Personal Network, including Through Strategic AlliesVisit https://bit.ly/3XD61qV for event details. 2. Discover China 2025: Summer Youth Exchange to the Greater Bay Area Founded in 2019, US-Sino Culture Exchange Consortium (USCEC) 美中文化促进会 is a non-profit organization dedicated to fostering mutual friendship and cultural exchanges between the United States and China. Its mission encompasses four key objectives: · Promoting people-to-people cultural exchanges between China and the United States. · Supporting the development of local U.S. artists. · Promoting traditional Chinese cultural arts. · Safeguarding and advancing the well-being of Chinese Americans. As part of its activities to build lasting connections between the people of the United States and China, USCEC will host a 9-day immersive program titled "Discover China 2025: Summer Youth Exchange to the Greater Bay Area." Total cost is $980 which includes round trip air, visa applications, local accommodations, local transportation, guided tours, and workshops. Application deadline is April 18, 2025. WHAT : Discover China 2025: Summer Youth Exchange to the Greater Bay Area WHEN : June 16-24, 2025 WHERE : Greater Bay Area, China HOST : US-Sino Culture Exchange Consortium (USCEC) 美中文化促进会 DESCRIPTION : A 9-day immersive program for American youth (18-38) to explore China's innovation, culture, and academic exchanges. PROGRAM ITINERARY: https://bit.ly/3R51XLH APPLICATION : https://bit.ly/42nvOUG (deadline April 18, 2025) 3. 2025/04/24 China Town Hall: President Trump's China Policy Each year, the National Committee on U.S.-China Relations (NCUSCR) hosts a nationwide town hall, inviting three keynote speakers and broadcasting through their partner network. This year's online event will be held on April 24, starting at 6:30 pm ET. The topic is "The First 100 Days: President Trump's China Policy," featuring: · Ryan Hass , Director, John L. Thornton China Center, Brookings Institution · Matthew Turpin , Visiting Fellow, Hoover Institution · Lingling Wei , Chief China Correspondent, The Wall Street Journal As part of the town hall, there will also be in-person discussions hosted by local network partners.In Atlanta, the Carter Center’s China Focus Initiative, in partnership with NCUSCR, Emory University’s Asia Global Collective, and China Research Center, will feature Jeremy Goldkorn , Editor of the China Week, and Editorial Fellow, ChinaFile, as the keynote speaker. His talk will be on “China in the Age of American Isolation.” The in-person event will be held at Emory University, Math and Science Center, Room E208, in Atlanta, with door opening at 5:15 pm ET. Register for the in-person event: https://bit.ly/3Ym8vJI . Register for the virtual event: https://bit.ly/4lCTyNA In Washington DC, the US-China Education Trust, in partnership with NCUSCR and Young China Watchers, will feature Sean Stein , president of the US-China Business Council, as the keynote speaker. The in-person event will be held in Room 505, Elliott School of International Affairs, George Washington University in Washington DC, starting at 5:30 pm ET. For more information and to register for the events, visit https://bit.ly/42tDaGn # # # APA Justice Task Force is a non-partisan platform to build a sustainable ecosystem that addresses racial profiling concerns and to facilitate, inform, and advocate on selected issues related to justice and fairness for the Asian Pacific American community. For more information, please refer to the new APA Justice website under development at www.apajusticetaskforce.org . We value your feedback. Please send your comments to contact@apajustice.org . Back View PDF April 9, 2025 Previous Newsletter Next Newsletter

5. The Mistrial of Professor Anming Hu under the "China Initiative" 2020-2022 China Initiative Wednesday, June 23, 2021 On June 16, 2021, a mistrial in Professor Anming Hu’s case was declared after the jury deadlocked and failed to reach a verdict. After two years of failing to find any evidence of economic espionage, federal prosecutors built a case against Professor Hu rooted in racial bias and profiling under the Department of Justice’s “China Initiative.” This is a telling outcome for the first case of a university professor tried under the “China Initiative,” indicating the deep flaws in the investigations, surveillance, and other efforts under this initiative. The defense attorney for Professor Hu will provide a briefing of the trial. Civil rights organizations, the academic community, and local community leaders, who organized activities to support Professor Hu and his family, will speak out on their concerns with the “China Initiative” and the deeply concerning investigation and surveillance of Professor Hu. We will also hear actions being taken by Congress. Previous Item Next Item

Newsletter - #35 Sign On To Letter To President-Elect To End DOJ's "China Initiative" #35 Sign On To Letter To President-Elect To End DOJ's "China Initiative" Back View PDF December 16, 2020 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 - #211 10/2 Meeting; Florida SB264 Town Hall; Angwang NYPD Hearing; Wing Luke Hate Incident #211 10/2 Meeting; Florida SB264 Town Hall; Angwang NYPD Hearing; Wing Luke Hate Incident In This Issue #211 2023/10/02 APA Justice Monthly Meeting FAAJA Hosts Town Hall Meeting on Senate Bill 264 and Its Impact Administrative Hearing of NYPD Officer Angwang 昂旺 Wing Luke Museum in Seattle Damaged in Hate Incident News and Activities for the Communities 2023/10/02 APA Justice Monthly Meeting The next APA Justice monthly meeting will be held via Zoom on Monday, October 2, 2023, starting at 1:55 pm ET.In addition to updates by Nisha Ramachandran , Executive Director, Congressional Asian Pacific American Caucus (CAPAC); Joanna Derman , Director, Advancing Justice | AAJC; Gisela Perez Kusakawa , Executive Director, Asian American Scholar Forum (AASF), and Clay Zhu 朱可亮 , Partner, DeHeng Law Offices 德恒律师事务所, confirmed and invited speakers include: Tammy Duckworth (invited), US Senator of Illinois, on issues of import to the Asian American communities, people of Illinois, and the nation Nancy Chen (confirmed), Founding President, Chinese American Women in Action (CAWA) on the history of CAWA and its interests and concerns in Illinois and national issues Andy Wong (confirmed), Managing Director of Advocacy, Chinese for Affirmative Action, on the coalition letter on Section 702 reforms, responses, and related CAA activities such as the recently launched "Stop The Blame" campaign 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 NOTE: A shutdown of the federal government happens when Congress fails to pass some type of funding legislation that is signed into law by the president. Current funding expires on September 30, 2023. While some government entities will be exempt, other functions will be severely curtailed. FAAJA Hosts Town Hall Meeting on Senate Bill 264 and Its Impact Florida Asian American Justice Alliance (FAAJA) will host an unprecedented virtual town hall meeting with Florida state legislators on the current status of the discriminatory Senate Bill 264 (SB264) and its actual impact on the Chinese community. The meeting will focus on Section 7 of SB264 which talks about both the Chinese government and Chinese people living in Florida who want to buy a home. The town hall meeting will be held on September 26, 2023, starting at 5:00 pm ET. For more information to attend the town hall meeting, visit the APA Justice Community Calendar at https://bit.ly/45KGyga Administrative Hearing of NYPD Officer Angwang 昂旺 According to USChinaPress.com 侨报网 , community activists are urged to attend the administrative hearing of New York Police Department (NYPD) Officer Angwang 昂旺 , which will be held at the NYPD headquarters, 4th floor, Departmental Trial Room A, 1 Police Plaza, New York NY on September 26, 10 am ET. 社区人士呼吁民众26日早上10点前往曼哈顿警察总局参加旁听警局行政庭审，支持华裔藏族警官昂旺。Read the case of Officer Angwang: https://bit.ly/3RIqXId . Read the USChinaPress.com 侨报网 report: https://bit.ly/3ruZqBd (in Chinese) Wing Luke Museum in Seattle Damaged in Hate Incident According to the Seattle Times , Craig Milne , 76, was charged on September 18, 2023, with a hate crime after he used a sledgehammer to smash about 10 windows of the Wing Luke Museum in Seattle, as dozens of patrons inside were touring an exhibit. Milne, who is white, also was charged with first-degree malicious mischief for causing more than $100,000 worth of property damage. After smashing the windows, Milne remained outside the building, and was heard saying he had come to the Chinatown International District to cause damage and that “the Chinese ruined my life,” according to witnesses. Almost an hour later, when Seattle Police Department officers arrived and arrested Milne, he “continued making racially biased statements and expressed no remorse,” the charging documents stated, with Milne telling officers, “The Chinese have tortured and tormented me for 14 years. I don’t regret anything I did here.”This is not the first time Milne has been accused of a hate crime. In October 2013, Milne was arrested for allegedly attacking and repeatedly punching an Asian man in the locker room at the Spartan Recreation Center in Shoreline.According to the museum website , the museum is named after Wing Chong Luke 陆荣昌 , who was the first person of color elected to the Seattle City Council and the first Asian American elected to public office in the Pacific Northwest. Luke served as an assistant attorney general of Washington for the state civil rights division from 1957 to 1962. He was a member of the Seattle City Council from 1962 until his death in 1965 in a plane crash. Read the Seattle Times report: https://bit.ly/48xeTBh News and Activities for the Communities 1. Community Calendar The APA Justice Community Calendar is located on the front page of the APA Justice website at https://www.apajustice.org/ . Upcoming Events: 2023/09/25-27 AAUC National Unity Summit 2023/09/26 NYPD Trial of Officer Baimadajie Angwang 昂旺 2023/09/26 FAAJA Town Hall Meeting on SB264 and Its Impact 2023/09/27 1990 Institute: Teaching Asian American Narratives through Literature 2023/09/27 U.S.-China Climate Cooperation Organizing Webinar Visit https://bit.ly/45KGyga for event details. 2. Meeting of Consortium of Global Hakka Studies According to Wikipedia, the Hakka (客家) is a Chinese subgroup. Unlike other Chinese subgroups, the Hakkas are not named after a geographical region, e.g. a province, county or city, in China. The word Hakka or "guest families" is Cantonese in origin and refers to the Northern Chinese migrants fleeing social unrest, upheaval and invasions in northern parts of China since the fourth century AD. Worldwide population of Hakka is estimated to be in the tens of millions. Read the Wikipedia description of Hakka people worldwide: https://bit.ly/3Pvmec2 According to Hakka News , The Consortium of Global Hakka Studies (GHAS) functions as an academic platform of dialogue and communication for international Hakka and ethnic studies. On September 22-23, 2023, GHAS hosted the World Hakka Research Conference with the theme of "Hakka's Local and Global Diversity" in Taoyuan City. Taiwan. The conference featured reports on the Hakka people in Central and South American and the Caribbean Sea. Paula Madison 罗笑娜 , retired NBCUniversal executive whose family moved from Jamaica to the U.S., told her story about finding her maternal grandfather in China and the documentary "Finding Samuel Lowe : From Harlem to China" ）《尋找 羅定朝 ：從哈林區到中國》. Read the Hakka News report: https://bit.ly/3RFFEOd (in Chinese) Back View PDF September 26, 2023 Previous Newsletter Next Newsletter

Warrantless Surveillance Under Section 702 of the Foreign Intelligence Surveillance Act (FISA), the U.S. government engages in mass, warrantless surveillance of Americans’ and foreigners’ phone calls, text messages, emails, and other electronic communications. Information collected under the law without a warrant can be used to prosecute and imprison people , even for crimes unrelated to national security. Given our nation’s history of abusing surveillance authorities and the covert nature of the legislation, we should be concerned that FISA and Section 702 is and will be used to disproportionately target disfavored groups—whether minority communities, political activists, or even journalists. Introduction This web page traces the evolution of the Foreign Intelligence Surveillance Act (FISA) from its origins as a safeguard against domestic surveillance abuses to its transformation into a powerful framework for global intelligence collection—and the profound civil liberties consequences that followed. Organized chronologically, it documents how crisis-driven expansions after 9/11 enabled warrantless surveillance authorities, how those authorities were codified through Section 702, and how practices such as “incidental collection” became normalized within U.S. intelligence operations. Critically, this evolution has had a disparate and enduring impact on Asian Americans, particularly those with familial, professional, or cultural ties across the Pacific. Because Section 702 targets non-U.S. persons abroad, communications involving Asian Americans are far more likely to be swept into government databases, queried without warrants, and treated through a lens of foreign suspicion. Over time, these dynamics have reinforced the “perpetual foreigner” stereotype, contributed to racial profiling in national security investigations, and blurred the line between foreign intelligence gathering and domestic civil rights protections. FISA and its amendments are not the only laws subject to misuse and abuse in the name of national security. The U.S. Constitution protects individuals against unreasonable searches and seizures; however, under Section 702 of FISA, the U.S. government engages in mass, warrantless surveillance of electronic communications. Information collected this way can be used to prosecute innocent individuals or for alleged crimes unrelated to national security. Given the nation's history of surveillance abuse and program secrecy, there is significant concern that Section 702 is and will continue to be used to disproportionately target disfavored groups, including minority communities, political activists, and journalists. The current authorization of Section 702 is set to expire on April 20, 2026. What is FISA? What is Section 702? The Foreign Intelligence Surveillance Act, commonly abbreviated as FISA, was enacted in 1978, establishing regulated procedures for physical and electronic surveillance as a means to collect foreign intelligence information. The act was designed to create a legal framework that balanced national security needs with constitutional protections by requiring judicial oversight of domestic intelligence surveillance through a specialized court, the United States Foreign Intelligence Surveillance Court (FISC). FISA’s enactment stemmed from widespread revelations of government surveillance abuses conducted in the name of national security during the Vietnam War and the Watergate era. Under the legislation, federal officials must first obtain approval from the Attorney General, Acting Attorney General, Deputy Attorney General, or the Assistant Attorney General for National Security before seeking a FISC order authorizing electronic surveillance or physical searches. Section 702 is a provision of the FISA Amendments Act of 2008, establishing procedures for acquiring foreign intelligence when communications travel through domestic communications infrastructure. For example, a U.S. person’s email communications could be collected if they are in contact with a person reasonably believed to be located outside of the U.S. who is in possession of “foreign intelligence information.” Under 702, the Attorney General and Director of National Intelligence are authorized to make and submit to FISC written certifications for the purpose of acquiring foreign intelligence information. Essentially, this legislation allows the government to surveil noncitizens overseas without a warrant. Soon after the 9/11 terrorist attacks in 2001, the George W. Bush Administration began a series of questionable secret surveillance practices, including warrantless domestic wiretapping. Major amendments to FISA were subsequently made to legitimize and empower some of these secret operations. FISA was transformed into massive warrantless surveillance programs shrouded in secrecy, and Chinese Americans continue to be disproportionately impacted. FISA Amendments Act of 2008 The FISA Amendments Act of 2008 added a new Title VII to FISA, authorizing targeting of non-U.S. persons outside the U.S. Section 702 details additional limitations to such surveillance, requiring that the surveillance must be conducted in a manner consistent with the Fourth Amendment to the U.S. Constitution. Asian Americans Disproportionately Impacted Soon after the enactment of Section 702, the Department of Justice (DOJ) and the Federal Bureau of Investigations (FBI) declared economic espionage to be a major security threat to the U.S.In May 2017, the Committee of 100 presented a white paper, “ Prosecuting ‘Chinese Spies’: An Empirical Analysis of the Economic Espionage Act ” by legal scholar Andrew Kim of South Texas College of Law. Among other disturbing findings, the study showed an immediate spike in prosecutions against Asian Americans in 2008. A series of innocent naturalized Chinese Americans in private industry, federal government, and academia were accused of spying for China, but all of them were subsequently dismissed without explanation.Despite the heroic efforts of individuals to defend themselves against all odds, they and their families have suffered devastating damages in legal expense, emotional trauma, and reputational devastation. Serious Constitutional Issues When the FISA Amendments Act of 2008 was due for reauthorization in 2012, little was known about the warrantless, mass surveillance programs because they were shrouded in secrecy. Today, we know that even the FISA court had sharply criticized in its written opinion (declassified in April 2017) that the government reporting efforts were lacking in “institutional candor” and represent “a very serious Fourth Amendment issue.” This same FISA court has approved more than 99.5% of the government’s requests since the enactment of FISA in 1978. FISA and its amendments are not the only laws subject to misuse and abuse by the authorities in the name of national security. The magnitude of their adverse implication and impact has been difficult to assess due to the inherent secrecy and complexity; however, we do know that protection of privacy and civil liberty has been grossly inadequate under FISA and its amendments. Perspectives Supporting and Opposing FISA 702 At its core, FISA balances two opposing extremes—national security and the protection of civil liberties. This section discusses the rationale behind both support and criticism of the legislation. Support of FISA Proponents of FISA highlight the legislation's role as a crucial safeguard of American national security, emphasizing that proactive, preventative foreign intelligence surveillance protects the U.S. from critical threats. Christopher Wray, former Director of the Federal Bureau of Investigation (FBI), advocated this position in front of the House Committee on Homeland Security in November 23, saying “loss of this vital provision, or its reauthorization in a narrowed form, would raise profound risk.” He continued, “for the FBI in particular, either outcome could mean substantially impairing, or in some cases entirely eliminating, our ability to find and disrupt many of the most serious security threats.” At the same hearing, the Director of the National Counterterrorism Center (NCTC) echoed these concerns, stressing the need to be able to determine “whether international terrorists could gain access to and pose a threat to the homeland.” Criticism of FISA On the other hand, opponents of FISA contend the legislation allows the U.S. government to collect sensitive information from or about U.S. citizens, threatening the integrity of the Fourth Amendment and the guaranteed civil liberties of Americans. Additionally, civil rights groups argue the legislation unfairly targets immigrants and people of color. This is not only because FISA targets individuals based on national origin, but also because immigrants are more likely to be in contact with non-U.S. citizens located abroad, and therefore their communications are more likely to be examined and investigated. On its website, the Electronic Frontier Foundation stated that FISA does not align with the intention of the American national security program, and “people on U.S. soil should not have their communications collected without a warrant.” The American Civil Liberties Union encourages people to be concerned that “Section 702 is and will be used to disproportionately target disfavored groups, whether minority communities, political activists, or even journalists.” Perspectives of Policymakers Various policymakers and political leaders have expressed conflicting views about the legislation, with some vacillating between support and criticism, underscoring the hypocrisy and political expediency often present in public office. At various times in their careers, Kash Patel and Tulsi Gabbard’s statements have exhibited this opportunistic behavior, and their statements are listed below. Kash Patel, Director of the Federal Bureau of Investigation (FBI): During FBI director Kash Patel’s confirmation hearing on January 30, 2025, Senator John Cornyn (R-TX) asked Patel whether he viewed a warrant requirement to access the stored communications of Americans to be “workable” in the FISA context. Patel responded that such a warrant requirement “would not be comportive” to protecting American citizens. In other words, Patel did not see the necessity of a warrant in accessing stored communications of Americans, and thus he supports FISA Section 702 as it is currently written. In April 2024, less than a year prior, Congress reauthorized Section 702 and expanded the government’s surveillance powers. At that time, Patel publicly criticized the law’s passage, stating that former FBI director Christopher Wray “was caught last year illegally using 702 collection methods against Americans 274,000 times,” demonstrating his dramatic change of opinion in eight months. Tulsi Gabbard, Director of National Intelligence: In December 2020, Tulsi Gabbard, then U.S. Representative for Hawaii, collaborated with Rep. Thomas Massie (R-Ky) to propose legislation limiting government surveillance of Americans. This legislation would have repealed Section 702. Additionally, Gabbard criticized the intelligence community, saying it “has not been transparent or honest with the American people or even Congress about what they’ve been doing.” However, after her nomination in early 2025, Gabbard publicly supported Section 702, referring to it as a “critical” program that “must be safeguarded to protect our nation while ensuring the civil liberties of Americans.” Recognizing her sudden apostasy, Gabbard said her “prior concerns about FISA were based on insufficient protections for civil liberties, particularly regarding the FBI’s misuse of warrantless search powers on American citizens,” citing FISA reforms enacted since then that address those issues. Impact on Asian Americans Warrantless surveillance in the U.S., conducted through legislation such as Section 702 of the Foreign Intelligence Surveillance Act (FISA) and the China Initiative, has disproportionately affected minority communities and immigrants, including many Asian Americans. This section highlights the cases of Angwang, Xiaoxing Xi, and Gang Chen; however, these examples represent only a small fraction of those impacted. For a more comprehensive overview, please consult the full Impacted Persons list or the China Initiative webpage . Xiaoxing Xi 郗小星 Xiaoxing Xi was born and raised in China, graduating from Peking University with a BSc in physics in 1982 and later with a PhD in 1987. Following the completion of his education, Xi worked as a researcher in Germany before moving to the U.S. with his wife in 1989. Xi and his wife worked at Rutgers University and the University of Maryland, eventually settling in Pennsylvania. Xi’s wife works as a physics professor at Pennsylvania State University, while Xi became a professor at Temple University in 2009 and the chairman of Temple University’s physics department in 2014. In 2015, the Department of Justice accused Xi of illegally sending trade secrets to China, threatening him with 80 years in prison and $1 million in fines. Police raided Xi’s home and arrested him at gunpoint in front of his wife and two daughters. Xi later learned that agents from the Federal Bureau of Investigation had been listening to his phone calls and reading his emails for months, possibly years. Some of the investigations against him had been authorized by the Foreign Intelligence Surveillance Court, but many were completely warrantless and conducted under Section 702 of FISA and Executive Order 12333. Four months later, charges were dropped after Xi and his legal team proved that the government had failed to understand the science behind the accusations, but the damage was already done. Temple University suspended Xi from his position as chair of the Physics Department and forced him to take administrative leave, tarnishing his academic and professional reputation. In October 2019, Xi received the Andrei Sakharov Prize , w hich recognizes "outstanding leadership of scientists in upholding human rights." Baimadajie Angwang 昂旺 On September 21, 2020, Baimadajie Angwang, a New York Police Department (NYPD) officer, was arrested and charged with allegations of acting as an illegal agent of the People’s Republic of China, wire fraud, making false statements, and obstructing an official proceeding. He faced up to 55 years in prison and was considered a flight risk by the NYPD. Angwang was arrested at his home in Long Island in front of his wife and two-year old daughter. He spent six months in solitary confinement in Brooklyn before he was granted bail. On January 19, 2023, all charges against Angwang were abruptly dropped, but the NYPD has refused to reinstate him and has continued its internal investigation against him. A year later, New York Police Commissioner Edward Caban ordered the immediate firing of Angwang, choosing a harsher penalty than what was recommended by the NYPD disciplinary judge. Angwang moved to the U.S. as a teenager, enlisted in the Marines, and served in Afghanistan. He is a naturalized citizen. To this day, much of the evidence against him and the reason the charges were dropped remain classified, highlighting the covert nature of American intelligence surveillance and the disproportionate impact of warrantless surveillance on minority communities and immigrants. Gang Chen 陈刚 Born in Nanzhang, China, Gang Chen received an undergraduate and a bachelor's degree in engineering from the Huazhong University of Science and Technology, before pursuing a PhD in mechanical engineering from the University of California, Berkeley. After completion of his PhD, Chen worked at Duke University and the University of California, Los Angeles, before settling at the Massachusetts Institute of Technology (MIT) in 2001. A year prior, he became a naturalized U.S. citizen. In January 2021, Chen was arrested by the Federal Bureau of Investigation, charged with wire fraud, failing to file a foreign bank account report in some tax years, and making false statements on his tax returns. The indictment provoked strong criticism, inciting the “We Are All Gang Chen” campaign and a massive outcry from the MIT community. The Department of Justice dropped all criminal charges against him on January 20, 2022. Timeline of Events APA Justice has created a comprehensive, interactive timeline chronicling the history of the Foreign Intelligence Surveillance Act and relevant context. Access the timeline here . Below, this webpage lists a brief summary of the five sections included in the timeline. I. Pre-FISA Prior to the enactment of the Foreign Intelligence Surveillance Act, concerns over government surveillance malpractice began to emerge, causing both legislators and the American public to pay more attention to national security and the protection of civil liberties. A decade before the enactment of FISA, the U.S. Supreme Court redefined the definition of a “search” or “seizure” under the Fourth Amendment in Katz v. U.S. Five years later, the Watergate scandal caused public outrage and increasing concerns of government abuse due to the burglaries and wiretapping that defined the crime. II. The Origin (1978–2007) This section describes the events following the initial enactment of FISA, including an executive order and the events of the case of Dr. Wen Ho Lee. Over two decades after the enactment of FISA, terrorists hijacked four airliners and crashed them into buildings, culminating in the deadliest terrorist attack in global history. Following 9/11, President Bush and the U.S. government enacted numerous stringent national security measures, including warrantless wiretapping of American citizens that was revealed by The New York Times . This controversy led Congress to seek a permanent statutory framework, culminating in the FISA Amendments Act of 2008. III. Codification and the Rise of "Incidental Collection" (2008–2017) In 2008, Congress enacted the FISA Amendments Act of 2008, which included a new section, Section 702, that authorizes the targeting of non-U.S. citizens reasonably believed to be abroad. When the Amendments Act expired in 2012, Congress reauthorized it for another five years. In 2013, former NSA contractor Edward Snowden exposed the scope of U.S. mass surveillance under Section 702, further igniting public attention and discontent. Following the formation of APA Justice Task Force (APA Justice) in 2015, the Committee of 100 (C100), APA Justice, and a variety of civil rights groups contributed to and published a variety of letters and educational documents, drawing attention to racial or ethnic profiling of Asian Americans under FISA. IV. The China Initiative & Racial Profiling (2018–2023) In January 2018, Congress reauthorized Section 702 for six years, extending it until 2024. Eleven months later, the Department of Justice launched the China Initiative, a broad enforcement effort intended to counter alleged economic espionage and intellectual property theft linked to China. Over time, numerous cases under this initiative collapsed or were dismissed, revealing patterns of racial profiling, overreach, and insufficient evidence. V. Modern Reform and the 2026 Reauthorization (2024–Present) In April 2024, Congress again extended Section 702 for another two years, establishing the Reforming Intelligence and Securing America Act with a new expiration date of April 20, 2026. Since then, numerous analyses have been published, examining the potential future of the legislation. In May 2025, Federal Bureau of Investigation Director, Kash Patel, abruptly shut down the Office of Internal Auditing, a watchdog agency established in 2020 as a direct response to controversy surrounding the FBI’s use of Section 702. Additional References and Links American Civil Liberties Union: Warrantless Surveillance Under Section 702 of FISA American Civil Liberties Union: A Chinese American Scientist and His Family are Battling the FBI’s Profiling in Court DOJ Bureau of Justice Assistance: The Foreign Intelligence Surveillance Act of 1978 (FISA) Federation of American Scientists: Foreign Intelligence Surveillance Ac t Congress.gov : https://www.congress.gov/crs-product/IF11451 The Hill: Massie, Gabbard Team up on Bill to Repeal the Patriot Act NBC News: After Being Wrongfully Accused of Spying for China, Professor Wins Appeal to Sue the Government Punchbowl News: Gabbard Reverses Course on Key Intel-gathering Tool as Nomination Teeters

APA Justice fully supports and is a partner with The Yellow Whistle Project , which officially launched on April 19, Patriots Day, 2021. The project was started by Dr. Agnes Hsu-Tang and her husband Oscar Tang, Li-En Chong, Ken Tan, Anne Martin-Montgomery, and Cassandra X Montgomery in response to the anti-Asian hate and violence. In nature, yellow signals the advent of spring, bringing hope, optimism, and enlightenment. In America, yellow has been weaponized against Asians as the color of xenophobia. The whistle is a symbol of self-protection and solidarity in our common fight against historical discrimination, anti-Asian violence, and racial profiling. It has a universal purpose - to signal alarm and call for help - for all Americans. We are whistleblowing to fight back against the stereotype that Asians are a silent minority. We shall not remain silent, because we belong! In Minnesota in early January 2026, community members once again sounded whistles and brought attention to federal immigration enforcement after the fatal shooting of Renee Good by a U.S. Immigration and Customs Enforcement (ICE) agent in Minneapolis. Her wife, Becca Good, stated: “We had whistles. They had guns. ” These events sparked weeks of protests, in which residents used whistles to monitor federal enforcement activities and draw attention to concerns about excessive use of force. Learn more Free whistles are being distributed through a network of outreach partners in New York City and throughout the continental U.S. Priority will be given to 501(C)3 organizations with demonstrated strong community ties. Distribution is managed by regional hubs, including APA Justice. The supply of whistles has been increased from 100,000 to 200,000 and now 500,000. The campaign is turning into a movement and a platform beyond the Asian American and Pacific Islander community. On September 5, 2021, Axios reported on How the yellow whistle became a symbol against anti-Asian hate. Read article See Yellow Whistle activities happening throughout the country The Yellow Whistle Campaign Make a Difference

4. Legal Resources and Policy Advocacy - How to Combat Racial Profiling Under the “China Initiative” 2020-2022 China Initiative Wednesday, April 28, 2021 The recent acts of violence and the rise in Anti-Asian hate, along with the government’s heightened scrutiny and racial profiling of scientists and researchers of Asian and Chinese descent, particularly through the Department of Justice’s “China Initiative,” have caused immeasurable harm to the Asian American community, leaving lives in shambles and eroding the health of our democracy. This comprehensive webinar takes a deeper dive into how we can empower impacted persons and the broader Asian American and immigrant community to take action to protect their civil rights and advocate for policy reform. Policy makers, civil rights organizations, and the academic community will share their insights on topics including policy and advocacy engagement, access to available legal resources, and building narratives to lift up the voices of impacted people and combat xenophobia. 20210428 Webinar4ChinaInitative1.png 20210428 Webinar4ChinaInitative2.png Previous Item Next Item