AAJC and ALC have filed an amicus brief in United States v. Feng "Franklin" Tao, providing significant evidence of racial profiling against Asian American and immigrant scientists and researchers. August 20, 2020 AAJC Press Release On August 20, 2020, Advancing Justice – AAJC and Advancing Justice – ALC filed an amicus brief in United States v. Feng "Franklin" Tao (陶丰教授), providing significant evidence of racial profiling against Asian American and immigrant scientists and researchers. The two Asian American civil rights organizations submitted the brief in support of Dr. Feng “Franklin” Tao to show opposition to the government’s increased efforts to profile and target Chinese American scientists and researchers based on ethnicity under the pretext of ferreting out economic espionage. In United States v. Tao, Dr. Tao, a tenured engineering professor at the University of Kansas, is fighting criminal allegations for not disclosing to the University an alleged affiliation with a university in China. “Failure to disclose information on a university form is not economic espionage,” said John C. Yang, president and executive director of Advancing Justice – AAJC. “Xenophobia from leadership and agents within the U.S. government has translated to real consequences for the Chinese and Asian American community. Chinese scientists and researchers, like Dr. Tao, are caught in the Department of Justice’s broad net for prosecutions and sudden criminalization of minor infractions and we are deeply concerned with the pattern of misguided suspicion and racial discrimination we are seeing in these cases.” The government has been mounting a broad campaign scrutinizing and targeting Chinese American scientists and researchers through the China Initiative. Fueled by xenophobia, the China Initiative was adopted by the Department of Justice in 2018 for the purported purpose of combating economic espionage. The China Initiative is part of the latest wave of xenophobia against Chinese and Asian Americans and follows a long history of Asian Americans and immigrants being criminalized, stereotyped as “perpetual foreigners,” scapegoated, and profiled as spies disloyal to the United States. “The government needs to prosecute people who steal national security and trade secrets, but targeting people of Chinese descent for investigation without evidence of wrongdoing is not how to do that,” noted Glenn Katon, litigation director at Advancing Justice - Asian Law Caucus and former Department of Justice trial attorney. “Bringing dubious charges against people like Dr. Tao, for conduct the government would not have known or cared about but for the China Initiative, is discriminatory and a waste of resources.” We have seen a surge in prosecutions as the government increases pressure on academic institutions to criminalize previously administrative issues and federal agencies to increase prosecution efforts across the country. Data and individual cases of wrongful arrests and prosecutions along with biased rhetoric from public officials reveal that racial bias exists in the charging, prosecution, and sentencing of Chinese, Asian Americans, and immigrants. The amicus brief addresses the government’s broad campaign to scrutinize and target Chinese American scientists and researchers and discusses how the government’s xenophobic and overzealous prosecutions does real harm to the individual lives of Chinese and Asian Americans and immigrant communities. Read the brief here . AAJC and ALC have filed an amicus brief in United States v. Feng "Franklin" Tao, providing significant evidence of racial profiling against Asian American and immigrant scientists and researchers. Previous Next Two Asian American Civil Rights Organizations Submit Amicus Brief in United States v. Tao

Asian American Justice Center (AAJC) has launched the Anti-Racial Profiling Project (ARPP). October 6, 2020 On October 6, 2020, Advancing Justice | Asian American Justice Center (AAJC) launched the Anti-Racial Profiling Project (ARPP). Watch the press briefing here . On October 7, 2020, Advancing Justice | AAJC launched the first webinar for ARPP for the public and followed with a detailed message about the project on October 9. How You Can Get Help Legal Referral . Contact AAJC via the Signal app with the number 202-935-6014 or text ONLY a name and phone number to 202-935-6014 and wait for an AAJC staff member to make direct contact. Know Your Rights . Covering 3 areas: (a) When approached by law enforcement (including the FBI, Special Agents from an agency’s Office of Inspector General or security office, or other Federal, state or local police); (b) When law enforcement comes to your house; (c) SPECIFIC PRECAUTIONS FOR SCIENTISTS, SCHOLARS AND RESEARCHERS How You Can Help Make a Tax-Deductible Donation to Advancing Justice | AAJC . AAJC is a 501(c)3 non-profit organization. Sign up for the APA Justice newsletter to keep informed on the latest developments Spread the word about the Anti-Racial Profiling Project Stories from Impacted People Dr. Wei Su : Concern for the younger generation: The targeting and profiling of Chinese and Asian Americans and Immigrants Dr. Xiaoxing Xi : Spying charges against Chinese American scientists spakr fears of a witch hunt Ms. Sherry Chen : Ohio scientist accused of spying sues government after charges dropped Dr. Wen Ho Lee : The Making of a Suspect: The Case of Web Ho Lee Asian American Justice Center (AAJC) has launched the Anti-Racial Profiling Project (ARPP). Previous Next Anti-Racial Profiling Project Launched

​AAJC and Asian Law Caucus have submitted a Freedom of Information Act request for all records relating to the U.S. Customs & Border Protection enforcement, treatment, and denial of admissions of students with connections to China. August 10, 2020 On August 10, 2020, Asian Americans Advancing Justice | AAJC and Asian Americans Advancing Justice | Asian Law Caucus submitted a Freedom of Information Act (“FOIA”) request for all records relating to the U.S. Customs & Border Protection (CBP) enforcement, treatment, and denial of admissions of students with connections to China. "Hateful rhetoric from public leaders has created a climate of fear for Asians and Asian Americans living in the United States. Public statements by government officials against Chinese students have had a chilling effect on international students and scholars, particularly those from China seeking only to graduate and finish their studies," the FOIA says. "In 2018, the Department of Justice (DOJ) laid the general groundwork for a hawkish shift towards China when they announced the China Initiative. With this initiative, the DOJ began to see connections to China as a threat and increased its efforts to investigate and prosecute individuals with Chinese ancestry for alleged espionage. This was despite growing concerns from civil society about implicit bias, discrimination, and race & ethnicity based profiling." "Moreover, since 2019, we have seen reports of CBP denying admissions to Chinese students while providing little to no information for the reasons why... It is imperative that CBP provides our communities and the public with information on its decisions to refuse entry and admission to students connected to China. The public has a strong interest in getting this information considering the government’s potential targeting of individuals of Chinese or Asian descent based on their race or ethnicity." AAJC and Asian Law Caucus have submitted a Freedom of Information Act request for all records relating to the U.S. Customs & Border Protection enforcement, treatment, and denial of admissions of students with connections to China. Previous Next FOIA Request on Chinese and International Students

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

Following a public campaign led by Maryland State Senator Susan Lee and a coalition in February 2022, Reps. Jamie Raskin and Judy Chu hosted a Democratic Member Roundtable on “Researching while Chinese American: Ethnic Profiling, Chinese American Scientists and a New American Brain Drain” in June 2022. It was the first congressional hearing where the profiling of Chinese American scientists and the damage to American leadership in science and technology were heard. June 30, 2021 Table of Contents Overview The Human and Scientific Costs of Racial Profiling Must be Heard Congressional Staffer Roundtable on Research Integrity Bicameral Letter Urging DOJ Probe into Racial Profiling Links and References Overview Watch the video here. (1:42:15) On June 30, 2021, Representative Jamie Raskin, Chair of the Subcommittee on Civil Rights and Civil Liberties, and Representative Judy Chu, Chair of the Congressional Asian Pacific American Caucus, held a Democratic Member Roundtable titled “Researching while Chinese American: Ethnic Profiling, Chinese American Scientists and a New American Brain Drain.” The Department of Justice (DOJ) has long targeted Chinese Americans in extensive investigations into foreign espionage, leading to multiple false arrests of innocent Chinese American scientists. These efforts ramped up in federal agencies under the Trump Administration’s China Initiative, causing numerous scientists to lose their jobs despite not unveiling chargeable criminal conduct. This roundtable examined the federal government’s alleged racial profiling of Chinese American scientists, and addressed how the continued harassment harms the broader U.S. scientific community. Opening Remarks by Representative Jamie Raskin: “That is not acceptable in the United States of America, which was founded on principles of equality and justice. We reject guilt by association, we reject notions of collective guilt or ethnic or racial guilt. The United States is a welcoming place, it is open to people of all backgrounds and to creative ideas, and to scientific research and inquiry. That is how we established ourselves as a world leader in innovation and technology, by allowing for free-flowing thoughts and theories. By targeting people who are ethnically Chinese, without evidence, we are hampering our ability to be that world leader and we are harming an entire community.” Opening Remarks by Rep. Judy Chu: “We need to make sure we don’t repeat the mistakes of the Cold War. That means not spreading unfounded suspicions that paint all Chinese people as threats and which put innocent Chinese Americans at risk.” Witnesses and Their Testimonies Sherry Chen , a renowned hydrologist who was falsely accused of espionage in 2014, described the long-lasting effects of her mistaken arrest: “Until now, my life is still in limbo. My reputation is still under a cloud. The ordeal has taken away precious time in my professional career, and I can never recover the years I have lost. This injustice has now entered its tenth year and sadly there is still no end in sight. I keep fighting not only for myself but to do my part to make sure no one should ever be harmed because of their race or country origin.” Her written testimony: https://bit.ly/3S46zmo The Honorable Steven Chu , former Secretary of Energy and current Stanford professor, characterized the impact of racial profiling on Chinese American scientists: “Many of my Chinese-American faculty colleagues feel that they are under increased and unjustified scrutiny by the U.S. government. The Department of Justice’s ‘China Initiative’ and statements by U.S. funding agencies is [ sic ] creating an atmosphere of fear and intimidation.” His written testimony: https://bit.ly/3S4pTA8 Dr. Randy Katz , the Vice Chancellor for Research at the University of California, Berkeley, expressed how this targeting has affected the greater scientific community: “These investigations and related actions – such as the increased interrogation of Chinese-American researchers by Customs and Border Patrol officers at airports – have resulted in a chilling effect on our Chinese-American research community in particular, and America’s international collaborations and our continued ability to attract the world’s best and brightest. My university has seen a precipitous decline in graduate students, postdoctoral scholars, and visiting students from China that began even before the Covid-19 pandemic. This will have ramifications for America’s research enterprise for many years to come.” His written testimony: https://bit.ly/3Y9GoLo Dr. Xiaoxing Xi , a professor of physics at Temple University and naturalized citizen who was falsely arrested for alleged spying in 2015, explained: “People have asked me, ‘How can the Department of Justice avoid wrongly accusing innocent people like they did in your case?’ My answer is that they can’t unless they stop considering Chinese professors, scientists, and students as nontraditional collectors, or spies, for China. For example, in all the criminal cases involving university professors under the China Initiative, the DOJ has shown no evidence, zero, that those charged have stolen intellectual property. Yet, they are being prosecuted for felony crimes.” His written testimony: https://bit.ly/48kZUKe Statements from concerned advocates and experts including Maryland Senator Susan C. Lee , who contextualized the current racial profiling in the broader history of discrimination against Asian-Americans. American Society for Biochemistry and Molecular Biology , which explained how actions taken by the Department of Justice and research grantmaking agencies has a chilling effect on international scientific collaboration. Asian Americans Advancing Justice | AAJC , which submitted a number of recommendations of how to address racial profiling. Asian American Scholar Forum , which noted that Asian American professors chose to stay in the United States because they “believe, in democracy, freedom of speech, rule of law, and the research environment of freedom and exploration without fear.” Asian Pacific American (APA) Justice , which explained that “whether it is with malice or implicit bias or both, the checks and balance system has failed not only individuals but also an entire group of people who are targeted for their race, ethnicity, and national origin.” The Committee of 100, which submitted the research of Andrew Chongseh Kim and white paper on Prosecuting Chinese “Spies:” An Empirical Analysis of the Economic Espionage Act . Defending Rights & Dissent , which raised concerns about the FBI’s rhetoric around the “alleged threat from Chinese Americans in academia.” Patrick Eddington , of Defending Rights & Dissent, who expressed that freedom of association and open scientific exchange are “absolutely essential to advance human progress on a range of issues.” Stefan Maier , who stressed the importance of “academic freedom and a healthy, global scientific collaboration” to addressing “global challenges such as the COVID-19 pandemic and climate change.” Tennessee Chinese American Alliance, called for attention to the recent trial of Dr. Anming Hu (United States v. Hu; Case No. 3:20-CR-00021) at Knoxville, Tennessee. Testimonies from the trial have alarmingly revealed the FBI’s violation of Dr. Hu’s civil rights and misconduct during the investigation. [download and link to PDF at https://bit.ly/48Gia0G .] The Human and Scientific Costs of Racial Profiling Must be Heard On February 1, 2021, concerns about racial profiling culminated in a request by an alliance of prominent scientific and civil rights leaders and organizations nationwide for a congressional hearing spearheaded by Susan Lee, Maryland state senator, and Terry Lierman, Co-Chair of the University of Maryland. For a good part of 2021, scholars, think tanks, media, professional and community organizations began to collect data, conducted surveys, analyzed case studies, and reported on their findings, most of them do not support the government’s rhetoric on the China Initiative and instead point to its damaging impact on individuals and communities, open science, and international exchange. The alliance wrote to Jamie Raskin, Chair of the House Subcommittee on Civil Rights and Civil Liberties and called for an oversight hearing to address the profiling of scientists and scholars of Chinese or Asian descent based on the misguided perception that simply being of Chinese or Asian descent or having ties to China make them prone to espionage. The alliance requested the committee look into the broad sweep of the Federal Bureau of Investigation’s counterintelligence efforts and the National Institute of Health’s related actions against scientists of Chinese or Asian descent which have resulted in the loss of their jobs, reputations and devastation of their lives and families, even though they were later proven innocent. Maryland State Senate Majority Whip Susan Lee, whose district includes NIH, stated, “While we strongly support efforts to safeguard America’s interests and prosecute wrongdoers, it would be a grave injustice to target, stereotype, or place under suspicion an entire ethnic group. Many of these patriotic scientists have spent a lifetime of work dedicated to advancing medical breakthroughs which have made America one the global leaders in science and technology. They are a part of the solution to the United States’ global challenges, not a threat.” “The overzealous, broad, unchecked, and overreaching activities fueled by a xenophobic and toxic political climate have not only led to mistakes in investigations or prosecutions and civil rights violations, but also have crippled America’s ability to develop medical innovations that can enhance the quality of and save lives, especially during this Covid-19 pandemic. We need the committee to shine light on any discriminatory policies being employed by those agencies to ensure there is fairness, transparency and accountability,” said Terry Lierman. For decades, international scientific collaborations and exchanges between the United States and foreign academic and research institutions have been strongly encouraged and supported by the NIH and other academic entities, but now, they are being criminalized. “Science - like America itself - thrives on freedom, openness, and inclusiveness - there is no room for discrimination against men and women from China or anywhere else based on nationality," former White House science advisor Dr. Neal F. Lane said. "The PRC Government's rising nationalism and use of its economic clout to influence U.S. universities and society are real and growing, but any U.S. Government response that assumes all students, scientists, and scholars of Chinese descent are potential intelligence risks is unfair and unwise profiling that has no place in our democracy," said Dr. Wallace Loh, former President of the University of Maryland, College Park. To date, Congress has held numerous hearings focused only on the espionage threat, but it has not addressed the civil rights violations of Chinese Americans who have been wrongly targeted or the long term consequences and damages to the American research enterprise and minority communities if this pattern of racial profiling continues. “The Department of Justice launched the ‘China Initiative’ to counter perceived ‘national security threats.’ But the past two years have shown an over-emphasis on national security and an underemphasis on bias. I join others in calling for the end of the ‘China Initiative’,” said Professor Margaret Lewis of Seton Hall University Law School. “We are deeply concerned with the racial profiling and unjust prosecutions of Asian Americans and immigrants by the government,” said John C. Yang, Advancing Justice – AAJC’s President and Executive Director. “This latest wave of xenophobia has instilled fear within our communities as many Chinese Americans and immigrants are once again caught in our country’s long history of suspicion and racial discrimination against Asian Americans. We urge Congress to engage in oversight on this issue by holding a public hearing on this issue.” “Xenophobic targeting and persecution of Chinese Americans is causing irreparable damage not only to the impacted persons and their families, but also creates fear, suspicion, and hate towards the Asian American community. It must stop. It is grossly unjust and unfair to target an entire ethnic group from specific countries,” said Dr. Steven Pei and Dr. Jeremy Wu, Co-Leaders of the APA Justice Task Force. Full Package of Call for Congressional Hearing 2021/02/01 Calling for a Congressional Hearing on Racial Profiling of Asian American and Chinese Scientists Cover and Table of Content Press Release Letter to Rep. Jamie Raskin, Chair of the House Subcommittee on Civil Rights and Civil Liberties with Signatories Articles, Letters and Statements from Professional Associations, Organizations and Societies Congressional Staffer Roundtable on Research Integrity On May 5, 2021, a Congressional Staffer Roundtable on Research Integrity was organized by the majority and the minority of the Committees on Science, Space, and Technology; Commerce, Science, and Transportation; and Armed Services (House and Senate). Speakers for the event included: Dr. Sudip Parikh, Chief Executive Officer, American Association for the Advancement of Science Mr. Tobin Smith, Vice President for Science Policy & Global Affairs, Association of American Universities Dr. Maria Zuber, Co-Chair, NASEM National Science, Technology, and Security Roundtable; Vice President for Research, Massachusetts Institute of Technology Mr. Alexander Bustamante, Senior Vice President, Chief Compliance and Audit Officer, University of California System Mr. Frank Wu, President, Queen’s College, City University of New York Frank Wu’s remarks emphasized three “Cs” that should be promoted and one “C” to be avoided: Consistency of rules and enforcement priorities (among agencies and over time) Clarity of policies Communications to promote compliance (including anti-bias aspects) And not Criminalization Bicameral Coalition Letter Urging DOJ Probe into Racial Profiling On July 29, 2021, Rep. Ted Lieu delivered a bicameral coalition letter to Attorney General Merrick Garland calling for an investigation into the Department of Justice's "repeated, wrongful targeting of individuals of Asian descent for alleged espionage." "Over the years, multiple people who happened to be of Asian descent have been falsely accused by the Department of Justice of espionage," including the false accusations of spying alleged against Wen Ho Lee , Sherry Chen , Xiaoxing Xi , Anming Hu , and many others. "The common thread in every one of these cases was a defendant with an Asian surname — and an innocent life that was turned upside down." "No person should be viewed by our government as more suspicious because of the individual’s race. We thus request an update on the mandated implicit bias training and request an investigation to determine whether the Department of Justice has a written or unwritten policy, program, pattern or practice of using race (or other civil rights classifications such as religion, gender and national origin) in targeting people for arrest, surveillance, security clearance denials or other adverse actions. We also specifically request whether, under the 'China Initiative,' there is a written or unwritten policy, program, pattern or practice to target people based on their race, ethnicity or national origin." Jump to: Overview The Human and Scientific Costs of Racial Profiling Must be Heard Congressional Staffer Roundtable on Research Integrity Bicameral Letter Urging DOJ Probe into Racial Profiling Following a public campaign led by Maryland State Senator Susan Lee and a coalition in February 2022, Reps. Jamie Raskin and Judy Chu hosted a Democratic Member Roundtable on “Researching while Chinese American: Ethnic Profiling, Chinese American Scientists and a New American Brain Drain” in June 2022. It was the first congressional hearing where the profiling of Chinese American scientists and the damage to American leadership in science and technology were heard. Previous Next 7. Congressional Roundtable on Racial Profiling

Newsletter - #234 Special Edition: Appeals Court Temporarily Halted Florida Alien Land Law (SB 264) #234 Special Edition: Appeals Court Temporarily Halted Florida Alien Land Law (SB 264) In This Issue #234 This is a Special Edition to cover the Appeals Court ruling to temporarily halt the enforcement of Florida's unconstitutional alien land law (SB 264) on February 1, 2024. On February 1, 2024, ACLU issued the following press release: "The Eleventh Circuit Court of Appeals temporarily halted the enforcement of an unconstitutional Florida law, known as SB 264, against two Chinese immigrants who have challenged the statute in court. SB 264 bans many Chinese immigrants, including people here as professors, students, employees, and scientists, from buying a home in large swaths of the state. This decision comes after a Florida district court ruled against the plaintiffs’ motion to preliminarily block the law while the case proceeded."The American Civil Liberties Union (ACLU), ACLU of Florida, DeHeng Law Offices PC, the Asian American Legal Defense and Education Fund (AALDEF), and the law firm Quinn Emanuel are representing Chinese immigrants who live, work, study, and raise families in Florida, but would be prohibited under SB 264 from buying a home, as well as Multi-Choice Realty, a local real estate firm whose business has been harmed by the law. "'As a Chinese citizen who was in the process of buying a home when this law went into effect, I’ve been extremely worried ever since,' said a plaintiff impacted by today’s ruling . 'Today’s decision is a relief for me and my family, and we hope that the courts will permanently halt enforcement of this law.' "The court of appeals unanimously held that the plaintiffs showed a substantial likelihood of prevailing in their arguments that SB 264 is preempted by federal law because Congress has already established a system of national security review of real estate purchases by foreign nationals. The court granted an injunction barring enforcement of the law against two of the plaintiffs while the court makes its decision on the merits of the appeal. "'There’s no doubt that Florida’s discriminatory housing law is unconstitutional,' said Ashley Gorski, senior staff attorney at ACLU’s National Security Project. ' The court’s decision brings two of our clients tremendous relief, and we will continue fighting to prevent this law from being enforced more broadly.' "Under SB 264, people who are not U.S. citizens or permanent residents, and whose 'domicile,' or permanent home, is in China, are prohibited from purchasing property in Florida altogether. The sole exception is incredibly narrow: People with non-tourist visas or who have been granted asylum may purchase one residential property under two acres that is not within five miles of any 'military installation.' This term is vaguely defined in the law, but there are at least 21 large military bases in Florida, many of them within five miles of cities like Orlando, Miami, and Tampa—putting many major residential and economically-important areas completely off-limits. "A similar but less restrictive rule also applies to many immigrants from Cuba, Venezuela, Iran, North Korea, Russia, and Syria. But the law singles out people from China for especially draconian restrictions and harsher criminal penalties. "'Florida’s alien land law specifically targets Chinese individuals in clear violation of the Equal Protection Clause,' said Bethany Li, legal director of AALDEF . 'Today’s ruling should serve as a warning to other states who are considering passing similarly racist bills, steeped in a history when Asians were ineligible for citizenship and were told they didn’t belong. As a country, we should be making progress and passing laws that protect all communities rather than going back in time and reviving antiquated laws passed over a century ago.' "Florida’s pernicious new law recalls repeated efforts over the past century to weaponize false claims of 'national security' against Asian and other immigrants. In the early 20th century, politicians used similar justifications to pass ' alien land laws ' in California and more than a dozen other states, prohibiting Chinese and Japanese immigrants from becoming landowners. Florida was one of the last states to repeal its 'alien land law' in 2018. “'This Florida law is just like the alien land laws of more than a hundred years ago banning Asian Americans from owning land,' said Clay Zhu, attorney and managing partner at DeHeng Law Offices PC . 'It is unfair, unconstitutional, and un-American. We are encouraged by today’s decision from the court.'"Read the ACLU press release: https://bit.ly/3Utx0Ub“This prohibition blatantly violates the Fourteenth Amendment’s protection against discrimination,” Judge Nancy Abudu wrote. The Order of the Appeals Court is posted here: https://bit.ly/3HJij7T . The US District Court in Florida has scheduled hearings in Miami in April 2024. Media Reports · 2024/02/03 South China Morning Post: Florida law barring Chinese citizens from owning property in state blocked by US court · 2024/02/02 Politico: Federal appeals court narrowly blocks controversial Florida law barring Chinese land ownership · 2024/02/02 Reuters: US court blocks Florida law barring Chinese citizens from owning property · 2024/02/02 AsAmNews: Ban on Chinese land ownership in Florida blocked by federal court · 2024/02/02 The Capitolist: U.S. Appeals Court grants partial injunction against foreign land ownership limitations · 2024/02/02 Bloomberg Law: Florida Ban on Home Buying by Chinese, Other Nationals Halted · 2024/02/01 South Florida SunSentinel: Appeals court deals blow to Florida’s law on Chinese land ownership Legal Team to Give Briefing The legal team representing the Plaintiffs in the Florida lawsuit will give a briefing at the APA Justice monthly meeting on Monday, February 5, 2024. Confirmed speakers are: · Erika Moritsugu, Deputy Assistant to the President and Asian American, Native Hawaiian, and Pacific Islander Senior Liaison, The White House · Legal Team of ACLU, AALDEF, and DeHeng Law Offices PC · Nisha Ramachandran, Executive Director, Congressional Asian Pacific American Caucus (CAPAC) · Joanna YangQing Derman, Director, Anti-Profiling, Civil Rights & National Security Program, Advancing Justice | AAJC · Gisela Perez Kusakawa, Executive Director, Asian American Scholar Forum (AASF) · Lora Lumpe, Chief Executive Officer, Quincy Institute for Responsible Statecraft · Min Fan, Executive Director, US Heartland China Association (USHCA) · Sandy Shan, Executive Director, Justice is Global 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 CALDA Statement in Chinese The Chinese American Legal Defense Alliance (CALDA 华美维权同盟) also released a statement in Chinese: 喜大普奔：上诉法院发布临时禁止令，SB 264被宣布部分无效！ . The statement noted that the three judges on the Appeals Court unanimously granted the restraining order. Liberal and conservative justices often disagree sharply in today's politically charged cases. That all three judges on the Appeals Court agreed unanimously in this politically controversial case once again proves that the plaintiffs are on the right side of justice.Read the CALDA statement in Chinese: https://bit.ly/3SoF1aj Timeline on the Florida Alien Land Law (SB 264) 2024/02/01 US Appeals Court temporarily halted the enforcement of SB 264 2023/08/21 Plaintiffs' legal team filed an appeal for preliminary injunction of SB 2642023/08/17 US District Court denied Plaintiffs' preliminary injunction motion2023/07/01 SB 264 became effective state law in Florida2023/06/26 US Department of Justice filed a statement of interest in support of preliminary injunction of SB 264 2023/05/22 A lawsuit was filed against SB 264 ( SHEN v. SIMPSON 4:23-cv-00208 ) 2023/05/08 SB 264 was passed by the Florida legislature and signed into state law by Governor Ron DeSantis Visit APA Justice for more information on "Alien Land Bills" in Florida, Texas, and other states: https://bit.ly/43epBcl . The Committee of 100 maintains a database and interactive data visualization to identify and track federal and state legislation prohibiting property ownership by citizens of foreign countries at https://bit.ly/3Hxta4B . Reps. Judy Chu (CA-28) and Al Green (TX-09) , who are leaders of the Congressional Asian Pacific American Caucus, have introduced the Preemption of Real Property Discrimination Act in Congress. Back View PDF February 3, 2024 Previous Newsletter Next Newsletter

2020 was an unprecedented year that saw our nation increasingly divided and filled with anti-Asian hate. However, it ended with a positive story on humanity in which the heroes and victims in an anti-Chinese hate crime are not even of Chinese origin. December 27, 2020 The year 2020 was one of unprecedented challenges that saw our nation increasingly divided, unable to control the COVID-19 pandemic that was filled with anti-Asian hate and continuing profiling of hundreds if not thousands of Chinese American scientists under investigations and prosecutions. However, it ended with a positive story on humanity in which the heroes and victims in an anti-Chinese hate crime are not even of Chinese origin. On December 27, 2020, a virtual event was held with Professor Steven Pei as the host to conclude a successful GoFundMe campaign , which was reported by the World Journal under the headline 员工勇救亚裔 华人5天募10万 . During the event, Zach Owen and Bawi Cung took the stage to express their appreciation for the generous donations of more than $121,000 from over 2,700 individuals. President Qiang Gan and Treasurer Lin Li of ACP Foundation Dallas reported the state of the finances and various details of the fundraiser. Other organizers for the fundraiser include OCA Greater Houston (H.C. Chang and Cecil Fong); Reagan Hignojos , friend of the Cung Family; United Chinese Americans (Steven Pei); and APAPA Austin Texas Chapter (C.J. Zhao). Bawi Cung and his two boys, aged 2 & 6, were hate crime victims in Midland, TX on March 14, 2020. The suspect thought the Burmese family was Chinese and spreading the coronavirus and attacked them with a knife. As a bystander, Zach Owen disarmed the suspect bare handedly. Unfortunately, Zach’s right palm also suffered permanent injury and has retained only 40% of his grip strength. With the hope to find a better job in the west Texas oil field, Zach came to Midland from Oklahoma. The injury disqualifies him from many oil field jobs. He has also been treated for Post-Traumatic Stress Disorder (PTSD). The first $50,000 of donation will still be given to Zach on or before his birthday in mid-January 2021 to pay for his ongoing out-of-pocket medical bills, cover some of the financial deficit incurred due to the reduced working hours during his recovery period, and also help with Zach’s return to a normal life. We need more heroes like Zach Owen. Earlier on June 22, 2020, a coalition of Asian American organizations honored Zach Owen and Bernie Ramirez , a Border Patrol agent who also intervened in the violent anti-Asian stabbing with a special Lily and Vincent Chin Advocacy Award Ceremony . It was followed by the From Vincent Chin to George Floyd Webinar led by Helen Zia, award-winning journalist and community activist, and moderated by Gordon Quan, attorney and former Houston City Council member. On August 10, 2020, Zach Owen testified in the Tri-caucus Congressional Forum on Rise in Anti-Asian Bigotry during the COVID-19 Pandemic ,” which was organized by the Congressional Asian Pacific Americcan Caucus. 2020 was an unprecedented year that saw our nation increasingly divided and filled with anti-Asian hate. However, it ended with a positive story on humanity in which the heroes and victims in an anti-Chinese hate crime are not even of Chinese origin. Previous Next 2020 Ends With A Positive Story

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

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

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

60 top scientific organizations are calling for balance between an open scientific environment and economic and national security. September 4, 2019 On September 4, 2019, 60 top science, engineering and international education organizations - representing hundreds of thousands of scientists, engineers and educators around the world - sent an open letter to five top federal officials in charge of science programs, calling for fairer treatment of foreign-born scientists in the face of policies that could put a chill on the participation of foreign nationals in the scientific enterprise. The letter was addressed to Dr. Kelvin Droegemeier , Director of the Office of Science and Technology Policy at the White House; Dr. France Córdova, Director of the National Science Foundation; Dr. Francis Collins , Director of the National Institute of Health; Dr. Chris Fall, Director of the Office of Science at the Department of Energy; and Dr. Michael Griffin , Under Secretary of Defense for Research and Engineering. "Finding the appropriate balance between our nation’s security and an open, collaborative scientific environment requires focus and due diligence," the letter said. "Any response should consider the impact on both the overall scientific enterprise and on individual scientists and its development should include the input of the science and engineering community." Otherwise, "many scientists—both U.S. citizens and foreign nationals—who properly follow codes of conduct, regulations, policies and laws, may inappropriately be harmed in response to the misconduct and illegal actions of others." The co-signers of the letter ask the federal officials to "consider a wide range of stakeholder perspectives as your agencies work together through the new NSTC ( National Science and Technology Council ) Joint Committee on Research Environments to develop policies and procedures that address issues related to international researchers’ participation in the U.S. scientific enterprise, and we would welcome the opportunity to work with you." multisociety-letter-on-foreign-influence_9-4-2019 .pdf Download PDF • 73KB 60 top scientific organizations are calling for balance between an open scientific environment and economic and national security. Previous Next Top Scientific Organizations Call for Fairer Treatment of Foreign-born Scientists

We published a Special Edition of our newsletter to cover the July 18 court hearing on Florida's new discriminatory housing law. July 24, 2023 On July 24, 2023, APA Justice published a Special Edition of its newsletter to cover the July 18 court hearing on the emergency motion for preliminary injunction to block Florida's new discriminatory housing law and a new movement emerging from the protests and rallies against the legislation in front of the courthouse. It covered: July 18, 2023 - A New Movement Emerges Florida State and Local Leadership Meet The Attorneys for The Plaintiffs National and Community Organizations Support and Leadership Color Yellow, Playbooks, and Tracking Hate Federal Level Support and Leadership Read the Special Edition of the APA Justice Newsletter: https://bit.ly/3Y4uGCO We published a Special Edition of our newsletter to cover the July 18 court hearing on Florida's new discriminatory housing law. Previous Next Court Hearing and A New Movement Emerges