Xiao-jiang Li 李晓江 Docket ID: 1:20-cr-00164 District Court, N.D. Georgia Date filed: May 8, 2020 Date ended: May 8, 2020 Docket ID: 1:19-mj-01007 District Court: N.D. Georgia Date filed: Nov. 21, 2019 Date ended: May 8, 2020 Table of Content Overview 2019/05/16 Emory University Termination 2019/11/21 DOJ Complaint 2020/05/08 Plea Agreement Overview On May 16, 2019, Emory University informed Dr. Li Xiao-Jiang and his wife Dr. Shihua Li that both neuroscientists had been terminated while they were traveling in China. They were accused of failing to disclose research fundings from China and their work for Chinese universities while receiving federal grants from the U.S. government. Dr. Xiao-Jiang Li moved to the U.S. from China to obtain a doctoral degree in the late 1980s and became a naturalized American citizen in 2000. He and his wife, also a U.S. citizen, joined Emory University in 1995 and were co-leader of the Li Laboratory. “They treated us like criminals,” Dr. Li said in an interview in November 2019 near Jinan University in southern China, where he and his wife now work. He disputed the suggestion that they had failed to report ties to China. “Our work is for humanity,” Dr. Li Shihua added. “You can’t say if I worked in China, I’m not loyal to the U.S.” On November 21, 2019, the Department of Justice (DOJ) filed an unannounced complaint against Dr. Xiao-Jiang Li, accusing him of theft of federal grant funds and failing to disclose income from China. Dr. Shihua Li was not named in the complaint. On May 8, 2020, Dr. Li pleaded guilty to underreporting his income on federal tax returns. He agreed to pay $35,089 and any penalties stemming from refiling amended returns from 2012–18. The sentence includes 1 year of probation. DOJ then listed Dr. Li’s case as part of the China Initiative in its online report although it did not involve economic espionage or trade secret theft. 2019/05/16 Emory University Termination On May 16, 2019, Emory University informed Dr. Li Xiao-Jiang Li and his wife Dr. Shihua Li that both neuroscientists had been terminated when they were travelling in China. Both were professors of human genetics and co-led the Li Laboratory at the University. They are naturalized U.S. citizens. Dr. Xiao-Jiang Li obtained his doctor degree from Oregon Health & Science University in 1991. He joined the faculty of Emory University in January 1996, was promoted to full professor in 2005, and had been Distinguished Professor of Human Genetics at Emory University from 2007 to 2019. The simultaneous dismissals were for allegedly failing to disclose their sources of overseas financing and research ties in China. Dr. Li claimed that they did not receive notice or opportunity for them to respond to unverified accusations. The university closed their joint laboratory immediately, which was part of the medical school. Their websites were disconnected. Four postdoctoral students working in the lab, who were Chinese nationals, were told to leave the United States within 30 days. None were given reasons for their terminations. Emory University said its action came after an internal investigation prompted by a letter from the National Institutes of Health (NIH), which had been contacting U.S. universities with concerns about whether specific grantees have adhered to agency rules regarding the disclosure of foreign funding and affiliations. Dr. Xiao-Jiang Li disputed Emory University's claim that the two researchers "had failed to fully disclose foreign sources of research funding and the extent of their work for research institutions and universities in China." According to available records, Dr. Li and his wife published many papers in high-profile journals. They have disclosed funding and affiliations with Chinese institutions, as well as biographical information posted online. References and Links 2019/11/17 Liberation: Emory University professors fired in NIH’s anti-Chinese crackdown 2019/11/04 New York Times: Vast Dragnet Targets Theft of Biomedical Secrets for China 2019/07/19 Washington Post: Scrutiny of Chinese American scientists raises fears of ethnic profiling 2019/06/17 知识分子: 埃默里大学风波又起，另一华人学者或已离开 2019/06/14 South China Morning Post: Professor at Emory University seeks legal support amid US probe into academics’ ties to China 2019/06/13 Deep Tech深科技: 埃默里大学风波再起，华人科学家称“遭到史无前例的对待”丨独家对话旋涡中心于山平 2019/06/12 Science: Emory scientist was told to vacate his office. He says move is reprisal for activism on Asian ties 2019/05/28 Radio Free Asia: US Research University Fires Two Chinese Scientists Over 'Failure to Disclose' Funding 2019/05/28 美国亚裔快讯: 华裔科学家夫妇遭开除,为埃默里大学工作23年的李晓江夫妇违规了吗？ 2019/05/28 South China Morning Post: Chinese college offers to hire two neuroscientists sacked by Emory University 2019/05/27 South China Morning Post: Scientist hits back at US university over ‘unusual and abrupt’ sacking in China funding ties case 2019/05/24 iNature (Chinese translation): Science | 首度发声！李晓江强力驳斥埃默里大学指控 2019/05/24 South China Morning Post: Emory University in US fires scientists over undisclosed funding ties to China 2019/05/24 Science: Terminated Emory researcher disputes university’s allegations about China ties 2019/05/23 Yahoo Finance: Professors fired from Emory University for hiding grants from China 2019/11/21 DOJ Complaint On November 21, 2019, the Department of Justice (DOJ) filed an unannounced criminal complaint against Dr. Xiao-Jiang Li, charging him with one count of theft of federal grant funds and failure to disclose income from China. Dr. Shihua Li was not named in the complaint. The complaint became public through an NBC News report in February 2020. According to the complaint, Emory University provided the FBI with a letter, dated 12/15/2011, addressed to Li from Xue Yongbao of the Institute of Genetics of the Chinese Academy of Sciences (“CAS”). The letter notified Dr. Xiao-Jiang Li that his application for a “Thousand Talents Program” position was approved. According to the letter, Dr. Li would be appointed the position of Research Team Leader at the Institute of Genetics and Developmental Biology of CAS. The institute agreed that Li would work in China for six months or more before 01/01/2014 as part of a transition period. The purpose of the transition period was so Li would have “sufficient time to build a large animal experimental platform and team and undertake important national issues.” Li was to assume his position full-time (9 months each year) before 01/01/2014. Emory University also provided the FBI with a “High-level Talent (Transition Period) Employment Contract” between the Institute of Genetics and Developmental Biology of CAS (Party A) and Li (Party B), executed on 12/20/2011. The term of the contract was two years, from 12/30/2011 to 12/30/2013. On or about February 10, 2015, Dr. Li began pursuing part-time status at Emory University to work at CAS. Dr. Li and the Emory University Department of Human Genetics Chairman entered into a “A letter of understanding.” Dr. Li’s stated purpose was “to spend more time to lead research projects on neurological diseases at the Institute of Genetics and Developmental Biology at Chinese Academy of Sciences.” According to Emory University, Dr, Li did not complete the process and started to work at CAS in 2015. In or about October 2018, the National Institutes of Health (NIH) notified Emory University that NIH had become aware that applications submitted to NIH for Li may have failed to comply with NIH policies regarding other support, disclosing foreign financial interests, and/or obtaining prior approval from NIH for the use of foreign components on NIH research grants. In response, Emory University discussed the matter with Dr. Li between October 2018 and May 2019. Additionally, in or about January 2019, Emory University initiated an internal review of Dr. Li’s Emory University email account. Dr. Li’s emails revealed his association with the Chinese government’s “Thousand Talents Program.” On November 22, 2019, Dr. Li was arrested, and an initial appearance was held at which time Dr. Li moved for a preliminary hearing, which was originally set for December 13, 2019, but it was delayed several times. On May 8, 2020, DOJ made a motion to dismiss the original complaint and refiled with a different complaint based on a plea agreement the same day. References and Links 2020/05/08 US v Li 1:19-mj-01007: (Doc 19) Government’s Motion for Leave to File Dismissal 2020/05/06 US v Li 1:20-cr-00164: (Doc 10) Judgment in a Criminal Case 2020/05/06 US v Li 1:20-cr-00164: (Doc 4) Minute Sheet for proceedings held on 05/06/2020 2020/02/04 NBC News: Emory professor hit with criminal charge, linked to Chinese government program 2019/11/21 US v Li 1:19-mj-01007: (Doc 1) Criminal Complaint 2020/05/08 Plea Agreement On May 6, 2024, a telephone conference regarding plea and sentencing was held between Assistant United States Attorney Samir Kaushal and Peter Zeidenberg, attorney representing Dr. Xiao-Jiang Li, in the U.S. District Court in Atlanta. On May 8, 2020, Dr. Xiao-Jiang Li pleaded guilty to underreporting his income on federal tax returns. He agreed to pay $35,089 and any penalties stemming from refiling amended returns from 2012–18. The sentence includes 1 year of probation. Dr. Li's attorney, Peter Zeidenberg, says his client "admits that he should have reported the income on his taxes. And he's embarrassed by it." The judge's actions, Zeidenberg says, will allow Dr. Li "to get back to his research" on Huntington disease, which was halted when the couple's lab was abruptly shut down. But Zeidenberg thinks the case wound up having the opposite effect of what federal authorities claimed was their goal in prosecuting Dr. Li. "He would have preferred to do it in the United States, at Emory," Zeidenberg says. "He's had a successful career here, and this is where his life is. But now he is being forced to work in China. And I think that's incredibly ironic." References and Links 2020/05/20 ASBMB: Ex-Emory neuroscientist pleads guilty; fired Cleveland Clinic geneticist arrested 2020/05/17 Emory Wheel: Former Emory Biomedical Professor Pleads Guilty to Filing False Tax Returns, Sentenced to 1 Year of Probation 2020/05/13 The College Fix: Former Emory U. professor pleads guilty of hiding ties to Chinese government 2020/05/12 Science: Fired Emory University neuroscientist with ties to China sentenced on tax charge 2020/05/11 Department of Justice: Former Emory University professor and Chinese “Thousand Talents” participant convicted and sentenced for filing a false tax return 2020/05/06 US v Li 1:20-cr-00164: (Doc 10) Judgment in a Criminal Case 2020/05/06 US v Li 1:20-cr-00164: (Doc 4) Minute Sheet for proceedings held on 05/06/2020 Previous Item Next Item

Newsletter - #221 Happy Thanksgiving! Loss of Talents; Shutdown Averted; Secret Surveillance Program; + #221 Happy Thanksgiving! Loss of Talents; Shutdown Averted; Secret Surveillance Program; + In This Issue #221 · Happy Thanksgiving! · How America Lost The Heart of China's Top Talent · Government Shutdown Averted For Now · Secret Surveillance Program Gives Cops Access to US Phone Records · News and Activities for the Communities Happy Thanksgiving! How America Lost The Heart of China's Top Talent According to the Brookings Institution, there is a perception that Chinese talented youth are itching to flock to American shores. However, the reality is quite the opposition: Just this year, India has eclipsed China in sending the most international students to the United States. This is the first time has lost that distinction since 2008.Although Chinese students' enrollment in the United States has rebounded this year, this growth may not reflect the choices of China's top talent.Quality, not quantity, is paramount. A recent report from Tsinghua University, China's leading institution, reveals the trend for China's top talent: Over the past few years, the number of Tsinghua graduates who chose to study in the U.S. plummeted - from 11% in 2018 to a mere 3% in 2021. Many attribute this to the pandemic; however, the proportion of Tsinghua graduates studying in the United Kingdom has not declined at all, and the number choosing to study in Singapore has even risen. American higher education has diminished appeal for China's best and brightest. There is fear and anxiety about what they perceive as "a hostile America" toward China - specifically, the U.S. policies targeting Chinese talent and the broader anti-China rhetoric. Instead they would rather compete to get into the graduate program at Tsinghua or other top Chinese institutions. This sentiment marks a significant change from the 1980s and 1990s. The geopolitical tensions between the U.S. and China are chilling Chinese students' passion for American education. Trump administration-era policies have been continued by the Biden administration.In other words, souring US-China relations, rising anti-China sentiments, and the concurrent, dramatic increase in anti-Asian hate crimes have inadvertently helped alleviate China's brain drain.The other reason for top students staying in China is the ascendancy of Chinese universities. Some opinion leaders in the U.S. so not fully grasp how American science and technology education and innovation depend on foreign talent, of which Chinese talent is among the largest. They consider Chinese students as threats to U.S. national security based on their incorrect assumptions. Whether the U.S. has permanently lost its charm with regard to China's top talent remains unknown. Whole concerns over intellectual theft are valid, any policy or discourse that weaponizes this concern, and targets groups based on their race, ethnicity, or national origin is fundamentally against American values and interests.Read the Brookings Institution opinion: https://bit.ly/40Jwsus The South China Morning Post reported that only 211 Americans studied in mainland China during the 2021-22 school year, according to the 2023 version of an annual US government-funded study by the Institute of International Education (IIE). In contrast, from 2018 to 2019, there were more than 11,000 American students in the mainland.The same study showed that during the 2022 to 2023 school year, 289,526 Chinese studied in the US, a slight decrease from the 290,086 during the previous school year. Enrolment from India, the second-largest source of foreign students in the US, reached an all-time high of 268,923 in the 2022-23 academic year, an increase of 35 per cent over the previous year.According to the Chinese embassy in Washington, during the past two-plus years, at least 70 Chinese students with legal visas were “interrogated, harassed and deported” by US law enforcement at their port of entry.The State Department issued about 91,000 visas this year to Chinese students, according to Brenda Grewe of the department’s Bureau of Consular Affairs. Marianne Craven , also of the State Department, said Chinese students were a “priority and valued by US universities”, noting that China is a key country for colleges’ recruitment efforts. U.S. Ambassador to China Nicholas Burns said getting people-to-people interactions back on track was a “major priority” for him. Continuing a trend from the previous academic year, the number of Chinese pursuing undergraduate studies decreased during 2022-23, to 100,349 – a decrease of 8.4 per cent. Like last year, Chinese graduate students saw a single-digit percentage increase. From 2022-23, the number of graduate students rose by 2.3 per cent to 126,028, accounting for the plurality of the Chinese student population in the US at 43.5 per cent. And like last year, about half of the Chinese students studied maths, computer science, engineering and other “STEM” subjects. Read the South China Morning Post report: https://bit.ly/3QOdMW0 Government Shutdown Averted For Now According to multiple media reports including CNN , President Joe Biden signed on November 16 the stopgap spending bill into law, averting a shutdown for now and setting up a contentious fight over funding in the new year. The plan is not a full-year spending bill and only extends funding until January 19 for priorities including military construction, veterans’ affairs, transportation, housing and the Energy Department. The rest of the government – anything not covered by the first step – will be funded until February 2.Read the CNN report: https://cnn.it/3G7JsRm Secret Surveillance Program Gives Cops Access to US Phone Records According to WIRED , a secretive government program is allowing federal, state, and local law enforcement to access phone records of Americans who are not suspected of a crime. US senator Ron Wyden wrote a letter to the Department of Justice (DOJ), challenging the program’s legality. A surveillance program now known as Data Analytical Services, or DAS, has for more than a decade allowed federal, state, and local law enforcement agencies to mine the details of Americans’ calls, analyzing the phone records of countless people unsuspected of any crime, including victims. Using a technique known as chain analysis, the program targets not only those in direct phone contact with a criminal suspect but anyone with whom those individuals have been in contact with as well. The DAS program, formerly known as Hemisphere, is run in coordination with the telecom giant AT&T, which captures and conducts analysis of US call records for law enforcement agencies, from local police and sheriffs’ departments to US customs offices and postal inspectors across the country,First disclosed by the New York Times in September 2013 as Hemisphere, the DAS program—renamed in 2013—has since largely flown under the radar. Internal records obtained by the newspaper at the time concerning the program’s secrecy show that law enforcement had long been instructed to never “refer to Hemisphere in any official document.”The collection of call record data under DAS is not wiretapping, which on US soil requires a warrant based on probable cause. Call records stored by AT&T do not include recordings of any conversations. Instead, the records include a variety of identifying information, such as the caller and recipient’s names, phone numbers, and the dates and times they placed calls, for six months or more at a time. Documents released under public records laws show the DAS program has been used to produce location information on criminal suspects and their known associates, a practice deemed unconstitutional without a warrant in 2018. Earlier this month, Wyden and other lawmakers in the House and Senate introduced comprehensive privacy legislation known as the Government Surveillance Reform Act. The bill contains numerous provisions that, if enacted, would patch most if not all of these loopholes, effectively rendering the DAS program, in its current form, explicitly illegal. Read the WIRED report: https://bit.ly/46xYGtG News and Activities for the Communities 1. APA Justice Community Calendar Upcoming Events: 2023/11/26 Rep. Gene Wu 's Weekly town hall meeting2023/12/03 Rep. Gene Wu 's Weekly town hall meeting2023/12/04 APA Justice monthly meeting 2023/12/10 Rep. Gene Wu 's Weekly town hall meeting2023/12/12 Community Briefing on Section 7022023/12/13 1882 Foundation - Repeal of Chinese Exclusion and Wang Kim Ark2023/12/17 Rep. Gene Wu 's Weekly town hall meetingVisit https://bit.ly/45KGyga for event details. 2. Cosmos Club Luncheon Event on US-China Science and Technology Relations On November 16, 2023, the Cosmos Club hosted an in-person luncheon event on "Challenges and Opportunities: Defining US-China Science and Technology Relations." The featured speakers were Rebecca Spyke Keiser , chief of research security strategy and policy at the National Science Foundation (NSF), and Tobin (Toby) Smith , senior vice president for government relations and public policy at the Association of American Universities (AAU). They were engaged in an interactive discussion on the complex relationship between the US and China and its bearings on a plethora of science policy issues. Back View PDF November 22, 2023 Previous Newsletter Next Newsletter

The American Society for Biochemistry and Molecular Biology has protested the politicization and cancellation of an NIH research grant. April 6, 2020 The American Society for Biochemistry and Molecular Biology (ASBMB) is an international nonprofit scientific and educational organization. With over 11,000 members, made up of students, researchers, educators and industry professionals, the ASBMB is one of the largest molecular life science societies in the world. Founded in 1906, the ASBMB’s mission is to advance the science of biochemistry and molecular biology and to promote the understanding of the molecular nature of life processes. On April 6, 2020, ASBMB issued a position statement on Foreign Influences to Research Integrity . "While ASBMB recognizes the substantial efforts undertaken by federal funding agencies, universities and research institutions to address the issue of foreign influence to research integrity, ... We must strike a balance between protecting research, while continuing to promote international collaboration. " the statement says. "Of particular concern regarding federal agency responses is the lack of guidance and transparency from the NIH. Since instances of foreign influence have come to light in 2018, the NIH has initiated thousands of investigations on scientists who they suspect of intellectual property theft, conflicts of interest, or peer review violations. While some incidents of research violation or intellectual property have been publicized, the NIH has not been transparent with the scientific community about internal changes to their review or oversight process. In addition to the lack of transparency, there have been numerous cases of scientists being wrongfully accused of espionage or intellectual property theft. Fear within the scientific community of being targeted as a result of race or identify has proliferated. The NIH must be transparent about their actions and processes and offer guidelines to the scientific community to appease these fears. " ASBMB has taken further actions to protest the politicization and cancellation of the NIH research grant to the EcoHealth Alliance. See more at NIH Grant Politicized . At the end of August 2020, several media reported a new grant was awarded although there were questions on the conditions possibly imposed in the new grant. The American Society for Biochemistry and Molecular Biology has protested the politicization and cancellation of an NIH research grant. Previous Next ASBMB Protests Racially Motivated Cancellation of Research Grant

Lei Guan 关磊 Docket ID: 8:20-cr-00127 District Court, C.D. California Date filed: Sep 10, 2020 Date ended: July 26, 2021 Table of Contents Overview 2021/07/12 Document 220-1 Exhibit A Five “Visa Fraud” Cases Links and References Overview On July 23, 2020, the Department of Justice (DOJ) announced the arrest of four scientists from China on an alleged visa violation. A fifth scientist, Lei Guan, was arrested for similar charges in August 2020. Lei Guan came to Los Angeles to work as a researcher in UCLA’s Department of Mathematics in 2018. On August 29, 2020, Lei Guan was charged with destroying evidence and alteration of records to obstruct an FBI investigation. One count of visa fraud and one count of making false statements were added in subsequent superseding indictments. If convicted, he faced a maximum penalty of 10 years in prison and a fine of $250,000. Lei Guan was detained for months at Metropolitan Detention Center in downtown Los Angeles awaiting trial. On July 23, 2021, DOJ motioned to drop their case against Lei Guan. U.S. District Judge Michael W. Fitzgerald granted the motion to dismiss on July 26, 2021. The other four visa fraud cases were also dismissed at the same time. The five visa fraud cases including Lei Guan were identified under the China Initiative, but they were removed from the DOJ online report after their dismissals. 2021/07/12 Document 220-1 Exhibit A On July 12, 2021, a partially redacted draft FBI report appeared as part of an exhibit in a non-motion response filed in the case of Lei Guan. The lead draft report of the exhibit was titled “ Fourth Military Medical University Interviews and Arrests and Arrests Likely Had Minimal Impact in Mitigating Technology Transfer Threats from PRC Students ” and dated March 19, 2021. The 28-page exhibit includes a draft white paper that provides assessments on seven cases under the "China Initiative," including the five that were dismissed. The draft paper states that targeting of the researcher and students "likely had minimal, short-term positive impact on the technology transfer threat from PRC students, scholars, and researchers." In addition, "[o]nly two of the arrests has a nexus to technology transfer violations, ... and none included charges related to other counterintelligence concerns." The operation "likely contributed to the deterioration of the FBI's delicate yet valuable relationship with some US universities by not exercising more caution before approaching PRC students." Although there was strong advice against investigating and arresting students and researchers with the operation," several FBI field offices proceeded with visa fraud charges for individuals who met the criteria but did not meet the threshold for a high-priority technology transfer threat." "It is in the best national security interest of the FBI to strategically identify, target, and mitigate PRC technology transfer threats while also preserving educational opportunities in the United States for PRC students who do not pose a threat," said an unredacted portion of the FBI report. A footnote also stated that "the FBI does not consider clinical medicine an area of concern for PRC technology transfer." According to the exhibit, a FBI Supervisory Intelligence Analyst drafted the report as a response to a February 2021 award nomination. She was originally included as part of the award nomination but disagreed about the "high impact" the award's nomination claimed to have made. She did not think the arrest of the PLA students met the threshold for high impact at that time, as she assessed at an early stage the impact was minimal. The draft was a way for her to dispute the information contained in the awards packet. She removed herself from the award nomination. Five “Visa Fraud” Cases The Department of Justice (DOJ) announced visa fraud charges against four of five scientists from China on July 23, 2020. The fifth scientist, Lei Guan, was first charged in August 2020 for Destruction and Alteration of Records in a Federal Investigation with visa fraud charges added in September 2020. The announcement of the visa fraud cases coincided with the U.S. order to close China’s consulate in Houston, accusing it to be a "spy center" to conduct spying activities with local medical centers or universities. The five Chinese scientists are: Lei Guan (关磊), Visiting researcher (mathematics), University of California at Los Angeles Dr. Chen Song (宋琛) , Visiting researcher (neurology), Stanford University Dr. Juan Tang (唐娟) , Visiting researcher (cancer), University of California at Davis Xin Wang (王欣) , Visiting researcher (neurology), University of California at San Francisco Kaikai Zhao (赵凯凯) , Doctoral candidate (machine learning and artificial intelligence), Indiana University These five visa fraud cases were abruptly dismissed by DOJ in July 2021 without an explanation for the dismissals. Wyn Hornbuckle, a Justice Department spokesman issued a statement that said "[r]ecent developments in a handful of cases involving defendants with alleged, undisclosed ties to the People’s Liberation Army of the People’s Republic of China have prompted the department to re-evaluate these prosecutions... We have determined that it is now in the interest of justice to dismiss them.” On July 22, 2021, Reuters reported that there was "recently disclosed evidence of a report by FBI analysts that questioned if the visa application question on 'military service' was clear enough for Chinese medical scientists at military universities and hospitals." In another report by the Washington Post, an unnamed official was quoted to say that "the punishment for visa fraud typically does not exceed a year. That fact, combined with the prospect of prolonged litigation in several instances, led officials to assess that the interests of justice were best served by dropping the cases." Upon further research, defense attorneys for Dr. Juan Tang filed a Defendant's Trial Brief and Memorandum Supporting Dismissal at Trial on July 19, 2021. It included a section on "The FBI’s Deliberate Failure to Disclose Critical Exculpatory Evidence to the Court and to the Defense Warrants a Dismissal of this Ill-Conceived Indictment." "There is dissension in the FBI’s own ranks," the trial brief started. It cited that the government intentionally did not comply with the discovery order for the trial and highlighted that "... just days ago, a heavily redacted report dated for release four months ago, on April 1, 2021, which the government did not disclose to this Court when it ruled on Dr. Tang’s Motion to Dismiss." Exhibit A shows a FBI Background Note dated April 1, which includes a statement that investigations and expert interviews "suggest that the visa application form (DS-160) potentially lacks clarity when it comes to declaring one's military service or affiliation." DOJ motioned to dismiss Dr. Juan Tang’s case four days before the trial was to start on July 26, 2021. On July 12, 2021, a partially redacted draft FBI report appeared as part of an exhibit in a non-motion response filed in the case of Lei Guan. The 28-page exhibit includes a draft white paper that provides assessments on seven cases under the "China Initiative," including the five that were dismissed. The draft paper states that targeting of the researcher and students "likely had minimal, short-term positive impact on the technology transfer threat from PRC students, scholars, and researchers." In addition, "[o]nly two of the arrests has a nexus to technology transfer violations, ... and none included charges related to other counterintelligence concerns." The operation "likely contributed to the deterioration of the FBI's delicate yet valuable relationship with some US universities by not exercising more caution before approaching PRC students." Although there was strong advice against investigating and arresting students and researchers with the operation, "several FBI field offices proceeded with visa fraud charges for individuals who met the criteria but did not meet the threshold for a high-priority technology transfer threat." "It is in the best national security interest of the FBI to strategically identify, target, and mitigate PRC technology transfer threats while also preserving educational opportunities in the United States for PRC students who do not pose a threat," said an unredacted portion of the FBI report. A footnote also stated that "the FBI does not consider clinical medicine an area of concern for PRC technology transfer." According to the exhibit, a FBI Supervisory Intelligence Analyst drafted the report as a response to a February 2021 award nomination. She was originally included as part of the award nomination but disagreed about the "high impact" the award's nomination claimed to have made. She did not think the arrest of the PLA students met the threshold for high impact at that time, as she assessed at an early stage the impact was minimal. The draft was a way for her to dispute the information contained in the awards packet. She removed herself from the award nomination. In December 2020, John Demers, former head of the China Initiative at DOJ, and William Evanina, former chief of the counterintelligence branch at ODNI, attributed without supporting facts and evidence that more than 1,000 Chinese researchers from affiliated with China's People's Liberation Army fled the U.S. after the FBI conducted interviews in more than 20 cities and the State Department closed China’s Houston consulate in July 2020. Some of the visa fraud prosecutions were based on photos of the individuals in uniform. However, wearing a uniform does not always imply military service. There are two non-armed branches in the uniformed services of the United States, including the Public Health Service which is a part of the Department of Health and Human Services and the National Oceanic and Atmospheric Administration Commissioned Officer Corps which is part of the Department of Commerce. Previous Item Next Item

Asian Pacific American Heritage Month is celebrated to commemorate the arrival in May 1843 of the first Japanese immigrants to the United States and the role of Chinese laborers in the completion of the first transcontinental railroad on May 10, 1869. Asian Pacific American Heritage Month originated in June 1977 when Representatives Frank Horton (New York) and Norman Y. Mineta (California) called for the establishment of Asian/Pacific Heritage Week. Hawaii senators Daniel Inouye and Spark Matsunaga introduced a similar bill in the Senate. Both bills passed, and in 1978 President Jimmy Carter signed the resolution. In 1990, President George H. W. Bush expanded the celebration from a week to a month. Library of Congress Natural History Museum LA Learn more @ APA Heritage Month Asian Pacific American Heritage Month

Newsletter - #263 Return of Anming Hu; AAJC on Land Laws; Spying on USPS Mail; Vincent Chin's Legacy; + #263 Return of Anming Hu; AAJC on Land Laws; Spying on USPS Mail; Vincent Chin's Legacy; + In This Issue #263 · The Return of Exonerated Professor Anming Hu · Advancing Justice | AAJC Speaks Up on Discriminatory Land Laws · WP : Law Enforcement is Spying on Thousands of Americans' Mail · FBI Released 602 Pages of Its Vincent Chin Files · News and Activities for the Communities The next APA Justice monthly meeting will be held via Zoom today, July 1, 2024, starting at 1:55 pm ET. In addition to Nisha Ramachandran , Joanna YangQing Derman , and Gisela Perez Kusakawa . confirmed invited speakers include Neal Lane , Kei Koizumi , Xiaoxing Xi , and Karla Hagan . Please register to attend. 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 . The Return of Exonerated Professor Anming Hu Professor Anming Hu returned and spoke at the APA Justice monthly meeting on June 3, 2024. It has been almost three years since he was fully acquitted of all charges against him under the now-defunct China Initiative.Professor Hu was born in China, a naturalized Canadian citizen, and Professor of Mechanical, Aerospace and Biomedical Engineering at the University of Tennessee, Knoxville (UTK).On February 27, 2020, the Department of Justice (DOJ) announced the indictment of Professor Hu. He was the second China Initiative case involving a U.S. university professor of Asian ancestry. He was charged with three counts each of wire fraud and making false statements, but not espionage. The charges stemmed from his purported failure to disclose affiliations with a Chinese university while receiving funding from the National Aeronautics and Space Administration (NASA).At the time of his arrest, he was a tenured professor. After his arrest, UTK suspended him without pay and then terminated his employment on October 8, 2020.Professor Hu was the first academic to go to trial under the China Initiative. A mistrial was declared on June 16, 2021, after the jury deadlocked. On September 9, 2021, Judge Thomas Varlan acquitted Professor Hu of all charges in his indictment. “The government has failed to provide sufficient evidence from which any rational jury could find, beyond a reasonable doubt, that defendant had specific intent to defraud NASA by hiding his affiliation with BJUT [Beijing University of Technology] from UTK," the judge wrote.On October 14, 2021, UTK offered to reinstate Professor Hu. On February 1, 2022, Professor Hu returned to his laboratory. During the APA Justice monthly meeting on June 6, 2024, Professor Hu provided updates on his situation and his family's well being since his return to UTK. He expressed gratitude to his attorney Phil Lomonaco , members of the UTK Faculty Senate, Congressional representatives, CAPAC, and various Asian American justice organizations for their support.Professor Hu spent a year rebuilding his lab with startup support from the university's leadership. He acquired new equipment and repaired old, damaged devices. Despite recovering about 95% of his equipment, nearly 50% were malfunctioning and 30% were completely damaged.With help from collaborators, two of his PhD students graduated in 2022 and 2023.Professor Hu focused on applying for external funds and hiring new students. He secured one federal and one industrial fund, enabling him to hire one new PhD student and two undergraduates. However, his lab size is still only about 30% of its previous capacity, and it may take another one to two years to fully recover.The wrongful prosecution caused significant mental and physical harm to his family. They continue to struggle with sleep issues and anxiety, and Professor Hu sometimes needs medication to sleep. His wife still becomes anxious when receiving phone calls in the afternoon, a reminder of the day Professor Hu was arrested.In the past two years, the family has shared their experience with colleagues, friends, and church groups. Professor Hu also participated in panel discussions on the China Initiative and civil rights. Despite his reinstatement, the US government continued to falsely accuse him of being part of China's Thousand Talents Program. With support from lawyers and Congressional representatives Judy Chu , Ted Lieu , and Jamie Raskin , his U.S. permanent residency was approved in March 2024. Recently, his older son's green card was also approved.A summary for the June 3 APA Justice monthly meeting is being prepared at this time. APA Justice has compiled Professor Hu's story as an impacted scientist under the China Initiative. It is posted for beta review for its content, navigation, and links at https://bit.ly/44V5tOG . Please send your comments and feedback to contact@apajustice.org . Advancing Justice | AAJC Speaks Up on Discriminatory Land Laws During the APA Justice monthly meeting on June 3, 2024, Joanna YangQing Derman , Director, Anti-Profiling, Civil Rights & National Security Program, Advancing Justice | AAJC, reported that John Yang , President and Executive Director of AAJC, testified before the Texas Senate State Affairs Committee on May 29. The hearing addressed three interim charges or topics, one of which was foreign investment in Texas land. John Yang emphasized AAJC’s deep concern about the resurgence of discriminatory land laws under the guise of national security. He underscored the historical context of AAPI discrimination and called for robust research to accurately identify the issues these land laws aim to address. John successfully countered harmful and overbroad anti-China rhetoric that conflates Chinese individuals with the Chinese government. Overall, it was a successful testimony, with special credit to Asian Texans for Justice (ATJ) for facilitating the opportunity and playing a critical role in coordinating the response. John Yang’s written testimony is posted here: https://bit.ly/3zkxgwe . A summary for the June 3 APA Justice monthly meeting is being prepared at this time. WP : Law Enforcement is Spying on Thousands of Americans' Mail According to the Washington Post on June 24, 2024, · The U.S. Postal Service shares mail data with law enforcement without warrants. · More than 60,000 requests have been received since 2015, with a 97% acceptance rate. · A group of senators want judicial oversight, but the chief inspector declined to change the policy. The U.S. Postal Service has shared information from thousands of Americans’ letters and packages with law enforcement every year for the past decade, conveying the names, addresses and other details from the outside of boxes and envelopes without requiring a court order.Postal inspectors say they fulfill such requests only when mail monitoring can help find a fugitive or investigate a crime. But a decade’s worth of records, provided exclusively to The Washington Post in response to a congressional probe, show Postal Service officials have received more than 60,000 requests from federal agents and police officers since 2015, and that they rarely say no.Each request can cover days or weeks of mail sent to or from a person or address, and 97 percent of the requests were approved, according to the data. Postal inspectors recorded more than 312,000 letters and packages between 2015 and 2023, the records show.The IRS, FBI and the Department of Homeland Security were among the top requesters. In a letter in May 2023, a group of eight senators, including Ron Wyden (D-Ore.), Rand Paul (R-Ky.) and Elizabeth Warren (D-Mass.), urged the agency to require a federal judge to approve the requests and to share more details on the program, saying officials there had chosen to “provide this surveillance service and to keep postal customers in the dark about the fact they have been subjected to monitoring.”In a response earlier this month, the chief postal inspector, Gary Barksdale , declined to change the policy but provided nearly a decade’s worth of data showing that postal inspectors, federal agencies, and state and local police forces made an average of about 6,700 requests a year, and that inspectors additionally recorded data from about another 35,000 pieces of mail a year, on average.The practice, he added, had been legally authorized since 1879, a year after the Supreme Court ruled that government officials needed a warrant before opening any sealed letter.Wyden said in a statement, “These new statistics show that thousands of Americans are subjected to warrantless surveillance each year, and that the Postal Inspection Service rubber stamps practically all of the requests they receive.” He also criticized the agency for “refusing to raise its standards and require law enforcement agencies monitoring the outside of Americans’ mail to get a court order, which is already required to monitor emails and texts.”In their letter last year, the senators said that even the exteriors of mail could be deeply revealing for many Americans, giving clues about the people they talk to, the bills they pay, the churches they attend, the political views they subscribe to and the social causes they support.Read the Washington Post report: https://wapo.st/3Xxr9yO FBI Released 602 Pages of Its Vincent Chin Files Without explanation, the FBI released 602 pages of its files on Vincent Chin during the week of his murder 42 years ago. Helen Zia published an essay at the Vincent Chin Institute about its good, bad, and ugly on June 26, 2024. This is an AI-assisted summary of her essay: The Good · Community Support and Advocacy : The essay highlights the significant support and advocacy from the Asian American community and various organizations in seeking justice for Vincent Chin. · Awareness of Anti-Asian Hate : The release of the FBI documents and the efforts to commemorate Vincent Chin's legacy help raise awareness of anti-Asian hate and the historical context of such violence. · Legacy and Education : The essay emphasizes the importance of educating others about Vincent Chin's case and the ongoing fight against racial prejudice, contributing to a more informed and empathetic society. The Bad · Incomplete Investigation : The FBI documents are incomplete, missing critical details from the Wayne County criminal proceedings and failing to interview key witnesses, which hindered the investigation and justice process. · Inadequate Judicial Response : The essay criticizes the judicial system's response, particularly the sentencing judge's decision to release the attackers on probation and fines, which highlights systemic racial biases. · Media Bias : The essay points out how media coverage at the time failed to grasp or acknowledge the anti-Asian prejudice involved in the case, often casting doubt on the racial motivations behind the crime. The Ugly · Racially Motivated Violence : The brutal attack on Vincent Chin, driven by racial hatred and scapegoating during an economic recession, represents the ugly reality of racially motivated violence and bigotry. · Traumatic Aftermath : The essay describes the trauma endured by Vincent Chin's family and the Asian American community, exacerbated by the lack of justice and recognition from the judicial system. · Enduring Prejudice : The essay underscores the persistent ignorance and harmful stereotypes surrounding Asian Americans, both in the past and present, highlighting the ongoing struggle against racial prejudice and discrimination. Overall, the essay provides a detailed account of the events surrounding Vincent Chin's death, the community's response, and the broader implications for understanding and combating racial hatred. Read Helen Zia's essay: https://bit.ly/4eN4Nzg . Read the 602-page FBI case file: https://bit.ly/3RQobSt Vincent Chin's Legacy on Asian American Activism According to the Washington Post on June 26, 2024, when Vincent Chin , a Chinese American groom-to-be, was bludgeoned to death with a baseball bat by two white Detroit autoworkers in 1982, his loved ones’ cries for justice fell on deaf ears. The autoworkers who attacked Vincent Chin did so under the false belief that he was Japanese, attributing the auto industry’s hardships to foreign competition from Japan.It took twelve full days before the media reported his killing — without recognizing the racism involved, remembers Curtis Chin , the nephew of Vincent Chin’s best man. Nine months later, judge Charles Kaufman handed the perpetrators just three years’ probation and a $3,780 fine, reasoning that “These aren’t the kind of men you send to jail.”Despite media silence and a lenient sentence for the perpetrators, Chin's case galvanized Asian Americans to unite across ethnic lines.Today , advocates still ensure that Vincent Chin’s name is never forgotten. In the wake of his death anniversary, and amid increasing xenophobia worldwide, his story provides guiding light for the struggle toward equality.Curtis Chin found his calling in the experience, and instead of taking over Chung’s — his family’s restaurant of five decades — spent the next 30 years elevating Asian American voices as a writer and a filmmaker. In his memoir and his documentary, “Vincent Who?,” Curtis Chin recounts Vincent Chin’s story and the racial animosity of 1980s Detroit.For Helen Zia , an activist who moved to Detroit in 1976 and took up work at an auto plant, Chin’s case laid bare the glaring injustices that Asian Americans faced: “There were two legal organizations in the whole country, one in New York and one in California,” Zia says. “We were in Detroit, and they couldn’t help us.” Zia rallied leaders from Detroit’s Chinatown and local lawyers to support Vincent Chin's mother Lily Chin and co-founded the American Citizens for Justice, which helped secure a federal trial for Vincent Chin. Zia launched the Vincent Chin Institute in 2022 to fill the void Asian American Detroiters found themselves in four decades ago through advocacy, education, and resources for Asian Americans in underserved areas.In the 21st century, the killing of Vincent Chin continues to energize Asian American advocacy and presence. Law students reenact his trial to highlight legal shortcomings. Hollywood has adapted his case into films like “Hold Still, Vincent” and “Who Killed Vincent Chin?”The fear of foreign economic threat parallels modern “anti-China hysteria and scapegoating,” says Stop AAPI Hate co-founder Cynthia Choi , pointing to how COVID-19 was racialized and fueled attacks on Asians across the country. The Vincent Chin case remains a cornerstone for Asian American advocacy, inspiring films, reenactments, and organizations like Stop AAPI Hate, which combats rising xenophobia and discrimination. Despite the progress achieved, advocates against anti-Asian hate assert that there is still considerable work ahead in every sector, from the workplace to the entertainment industry. The comprehensive history of Asian Americans, for instance, continues to be excluded from core K-12 history curricula in the United States. Some advocates like John Yang , the president and executive director of Asian Americans Advancing Justice AAJC, are turning their attention to what they say is a new form of anti-Asian hate: a growing number of bills preventing some Chinese citizens from buying and owning land. “Everyone is concerned about whether an Asian American is truly an American, and so they’re not being shown the same houses, they’re not being afforded the same opportunities,” Yang says. Wilson Lee , co-founder of the Chinese American Citizens Alliance Boston Lodge and the Chinese American Heritage Foundation, has organized a vigil for Vincent Chin every June 23 for the past six years. “We’re in it for the long haul,” Lee tells the Associated Press . “Because it’s the right thing to do, not because it’s the popular thing to do.”On June 21, 2024, the Congressional Asian Pacific American Caucus issued a press statement marking the 42nd Anniversary of the murder of Vincent Chin: https://bit.ly/4cdUAKT Read the Washington Post report: https://wapo.st/3VHk4Jf . Visit the Vincent Chin Institute website: https://bit.ly/39Bu0QQ News and Activities for the Communities 1. APA Justice Community Calendar Upcoming Events: 2024/07/01 APA Justice Monthly Meeting2024/07/01 President's Advisory Commission Public Meeting - Livestreaming2024/07/02 President's Advisory Commission Public Meeting - In Person2024/07/03 Hearing on Preliminary Injunction on Florida SB 8462024/07/07 Rep. Gene Wu's Town Hall Meeting2024/07/11-12 National AAPI Leadership Summit2024/07/13 APIAVote: Presidential Town Hall, Philadelphia PA2024/07/15 APIAVote: RNC Convention, AAPI Briefing &Reception, Milwaukee, WI2024/07/16-17 National Science, Technology, and Security Roundtable - Capstone2024/08/04 Rep. Gene Wu's Town Hall MeetingThe Community Calendar has moved. Visit https://bit.ly/3XD61qV for event details. 2. New Appointments at Johns Hopkins University Starting July 1, 2024, Professor Jessica Chen Weiss joined the faculty of Johns Hopkins School of Advanced International Studies (SAIS) in Washington, DC as the David M. Lampton Professor of China Studies and the inaugural director of a new institute on the evolving role of China in the world to be established this fall at SAIS, bringing together scholars, practitioners and experts from the private sector to foster deeper understanding and informed policy making. Professor Chen Weiss comes to SAIS from Cornell University, where she was the Michael J. Zak Professor for China and Asia-Pacific Studies in the Department of Government. From August 2021 to July 2022, she served as senior advisor to the Secretary's Policy Planning Staff at the U.S. State Department on a Council on Foreign Relations Fellowship for Tenured International Relations Scholars.Also starting July 1, 2024, Jeremy Lee Wallace has been named the A. Doak Barnett Professor of China Studies, also starting July 1, 2024; and he will be affiliated with the new institute at SAIS as well as the SNF Agora Institute at Johns Hopkins. Read the Johns Hopkins University announcement: https://bit.ly/4beT3CJ Back View PDF July 1, 2024 Previous Newsletter Next Newsletter

Newsletter - #311 Stand w Asian Americans; Rights Tool Kit; Privacy at Risk; Trump Policies on Science+ #311 Stand w Asian Americans; Rights Tool Kit; Privacy at Risk; Trump Policies on Science+ In This Issue #311 · SwAA: Justice and Equality Through Law, Education, and Community · AALDEF: Immigrant Rights Toolkit · U.S. Personal Information and Privacy at Risk Abroad and at Home · WP : Trump Policies Sow Chaos, Confusion Across Scientific Community · News and Activities for the Communities SwAA: Justice and Equality Through Law, Education, and Community In the aftermath of the 2021 Atlanta spa shootings, where six Asian women were among the victims, Stand with Asian Americans (SWAA) emerged to combat anti-Asian hate and advocate for justice. In 2022, SwAA launched the Workplace Justice Initiative to address workplace discrimination, bias, and barriers that Asian Americans face in professional settings. Its mission is to protect and advance the rights of Asian Americans against discrimination at the workplace through three key activities: · Power of Law – SwAA provides legal support through a discrimination reporting portal, direct legal services, and a public relations strategy to raise awareness and advocate for workplace justice. · Education – The organization equips individuals and employers with human resources tools, educational workshops, and panels such as Shattering the Myth of Asian Passivity, Know Your Rights, and Leadership Empowerment to foster inclusion and leadership opportunities. · Community – SwAA supports mental health initiatives and amplifies stories to strengthen solidarity and resilience within the Asian American community. If you or anyone you know is experiencing racial discrimination at work or in business, you may reach out to SwAA for legal, education, and community support. SwAA's discrimination portal containing resources is here , and ways to support the SwAA mission here . Michelle Lee , President, General Counsel and Board Chair, and Brian Pang , Chief Operating Officer and Head of Partnerships will speak at the next APA Justice monthly meeting on March 3, 2025. AALDEF: Immigrant Rights Toolkit During the APA Justice monthly meeting on February 3, 2025, Bethany Li , Execuitve Director of Asian American Legal and Education Defense Fund (AALDEF), offered an Immigrant Rights Toolkit designed to inform individuals about their legal rights, particularly concerning expedited removal procedures. This toolkit is part of AALDEF's broader Immigrant Rights Program, which provides legal representation, policy advocacy, community education, and organizing support for Asian immigrants across various backgrounds. The program aims to promote humane and dynamic immigration laws and policies that uphold the dignity of all migrants. Here are some of the links to AALDEF's Immigrant Rights Toolkit : · Know your rights if you are detained and facing expedited removal (AALDEF) · Use this tool to request immigration documents to help prepare you against ICE (AALDEF) · Know your rights for dealing with ICE (Immigrant Defense Project) · Know your rights during an ICE check-in (Know Your Fight) · Know your rights if ICE comes to your workplace (National Day Laborer Organizing Network) · Know your rights as a worker, regardless of your immigration status (AALDEF) · Watch these videos about dealing with ICE in different scenarios (We Have Rights) · Print pocket cards to hand to ICE if they approach you (Immigrant Legal Resource Center) · Learn and stay updated on what the Trump Administration has done so far (Guttentag, Immigration Policy Tracking Project) U.S. Personal Information and Privacy at Risk Abroad and at Home According to an exclusive report by the Washington Post on February 7, 2025, security officials in the United Kingdom have demanded that Apple create a back door allowing them to retrieve all the content any Apple user worldwide has uploaded to the cloud, which if implemented would undermine Apple’s privacy pledge to its users. According to the report, the UK government has issued a "technical capability notice" to Apple under the Investigatory Powers Act, commonly known as the "Snoopers' Charter." The notice mandates that Apple create a backdoor to its encrypted iCloud services, enabling law enforcement agencies to access user data. Apple has consistently maintained that introducing such backdoors would compromise user privacy and global cybersecurity. In response to the UK's demand, Apple is reportedly considering discontinuing some of its services in the UK rather than compromising its encryption standards.Read the Washington Post report: https://wapo.st/3CHgF7U Here at home in the United States according to multiple media reports, the "Department of Government Efficiency" (DOGE) under billionaire Elon Musk has gained access to databases at the Treasury , Education and Labor departments that contain sensitive data about Americans, such as Social Security numbers, dates of birth, and financial transactions. Federal officials have been terminated or forced to resign for protecting access to these critical data systems. Unions, students and public interest groups have filed lawsuits alleging the administration of violating privacy laws by allowing DOGE access to the databases. On February 6, 2025, Judge Colleen Kollar-Kotelly of the U.S. District Court for the District of Columbia restricted access to a Treasury Department payments system that various DOGE surrogates had infiltrated at the direction of Elon Musk. In her ruling on Alliance for Retried Americans v. Bessent (1:25-cv-00313) , the judge stated that the defendants cannot “provide access to any payment record or payment system of records maintained by or within the Bureau of the Fiscal Service.” Tom Krause and Marko Elez , two DOGE-linked “special government employees” at the Treasury Department, were granted “read-only” access to Bureau of Fiscal Service systems “as needed for the performance” of their duties. According to The Washington Post on February 7, the Treasury Department is appointing Krause as assistant secretary, replacing David A. Lebryk , who resigned after opposing Krause’s efforts to access senstive government payment systems—a move Lebryk deemed illegal. Booz Allen Hamilton, a contractor running a threat intelligence center for the Treasury Department, reported that DOGE’s access to the payment network should be “immediately” suspended as it represented an “unprecedented insider threat risk.” Bloomberg later reported that the Booz Allen Hamilton's subcontractor had been dismissed.On February 7, 2025, the New York Times reported that U.S. District Judge Paul A. Engelmayer in the case of State of New York v. Donald J. Trump (1:25-cv-01144) issued an emergency order temporarily restricting access by DOGE to the Treasury Department’s payment and data systems, saying there was a risk of “irreparable harm.” Judge Engelmayer ordered any such official who was granted access to the systems since January 20 to “destroy any and all copies of material downloaded from the Treasury Department’s records and systems.” He also restricted the government from granting access to “special government employees.”Several members of Congress have publicly expressed concerns regarding Elon Musk's DOGE gaining access to the U.S. Treasury's federal payment systems. Congressman Bill Foster said in a February 3 statement , "Elon Musk is an unelected oligarch with no regard for national security, conflicts of interest, or ethical standards. Americans deserve answers as to why his team was given unrestricted access to the U.S. Treasury payment system, which gives them the ability to spy on U.S. treasury payments to private American citizens, as well as Musk's business competitors. This power grab is corrupt and unprecedented, and my colleagues and I are doing everything we can to put a halt to this." On February 7, 2025, District Court Judge John D. Bates denied the motion for a temporary restraining order in the case of American Federation of Labor and Congress of Industrial Organizations v. Department of Labor (1:25-cv-00339) . The AFL-CIO contends that granting DOGE access to Department of Labor systems could lead to conflicts of interest, especially concerning sensitive information related to investigations of Musk's companies, including Tesla, SpaceX, and The Boring Company. They argue that DOGE's involvement might compromise the integrity of these investigations and potentially expose confidential data. Judge Bates' ruling stated that the union did not demonstrate sufficient harm resulting from the Department of Labor's actions. The judge ordered that the parties shall file a proposed preliminary-injunction motion briefing schedule by not later than February 12, 2025. The Education Department case, University of California Student Assocation v. Carter (1:25-cv-00354) , is pending. The Univrsity of California Stucent Association is the official systemwide student advocacy organization representing over 285,000 students across all ten University of California campuses.Two groups of FBI agents have sued the Justice Department to block any public release of a list of thousands of employees who worked on investigations tied to President Donald Trump or the January 6, 2021, attack on the U.S. Capitol. On February 6, 2025, U.S. District Judge Jia M. Cobb of the District of Columbia ordered the consolidation of Federal Bureau of Investigation Agents Assocation v. Department of Justice (1:25-cv-00328) and Does 1-9 v. Department of Justice (1:25-cv-00325) . On February 7, Judge Cobb issued a temporary restraining order (TRO), which had been mutually proposed by the parties. The TRO prohibits the government from publicly releasing any list before the court rules on whether to grant a preliminary injunction. The briefings for a preliminary injunction will be filed by March 21, 2025.As of February 9, 2025, the number of legal challenges to Trump administration actions reported by the Just Security Litigation Tracker has increased to 41.On February 7, 2025, the Washington Post reported the following summary of where Trump action court cases stand: WP : Trump Policies Sow Chaos, Confusion Across Scientific Community According to the Washington Post on February 6, 2025, President Donald Trump 's executive orders targeting diversity, equity, and inclusion (DEI) initiatives within federally funded programs have led to significant concerns in the scientific community. The National Science Foundation (NSF) suspended grant disbursements, leaving researchers without salaries. The Food and Drug Administration (FDA) removed materials on clinical trial diversity from its website, and the Centers for Disease Control and Prevention (CDC) took down tools and data related to health disparities, including the Social Vulnerability Index and the Environmental Justice Index. These actions have disrupted ongoing research and raised fears about political interference in scientific endeavors. Dr. Sudip Parikh , CEO of the American Association for the Advancement of Science (AAAS), expressed concern, stating, "The scientific community is deeply troubled by these developments, which threaten the integrity and progress of our research."On February 5, 2025, Dr. Parikh testified at a hearing of the U.S. House Committee on Science, Space, and Technology on The State of U.S. Science and Technology: Ensurig Global Leadership . His written testimony emphasized the importance of a strong and adaptable American science and technology enterprise, highlighting the role of research institutions, industry, and the workforce in driving innovation and prosperity. Dr. Parikh stressed that the U.S. faces challenges from accelerating technological change, existential threats to public health and security, and growing international competition, particularly from China. He called for a comprehensive approach to strengthening the U.S. science and technology sector, advocating for reduced inefficiencies, investment in workforce development, and strategic research commitments. He also warned against actions that undermine the scientific community, such as spending freezes or policies that alienate international talent. Dr. Parikh concluded by urging the U.S. to adapt to new global realities and secure its future leadership in science and technology.Part of his testimony says,"The American science and technology enterprise is strong, but its continued strength is not guaranteed. We must be proactive in implementing our vision by being open to change and disruption without dismantling our foundational principles and strengths."Through an enterprise that includes industry, academia, and sources of capital to scale, we have turned the discoveries of the past 80 years into technological innovations that have increased our prosperity and security."Many of the structures and institutions that have contributed to our achievements are outdated. They were the result of a vision after World War II that the investments in science and technology we had made during a time of war should be continued during a time of peace. Over generations, we have made substantial and sustained federal investments in fundamental research — much of it carried out at our universities, research institutes, and national laboratories where research and education take place side-by-side. Industry translated and scaled discoveries into technologies and products with intellectual property protections that incentivized continued innovation. It was a relatively simple vision with profound consequences. It created the modern world."But we are at a crossroads. "Three things are happening at once. First, the pace of change is accelerating so rapidly that the tools and strategies that brought us here are insufficient to ensure our future. Transformational technologies are reshaping our way of life. Second, we face existential threats to our health; food supply and water security; environmental resilience; energy production, utilization, and storage; and our overall wellbeing. Third, more than ever, we are competing with other nations —particularly China — that rival us in talent, infrastructure, and capital investment and that can put our economic prosperity and national security at risk. China trains more scientists and engineers than we do; files for more international patents than we do; publishes just as many highly cited scientific papers as we do; and is leading us in several critical research and technology areas. "I know for all those here today what the answer is: We want America to lead."The good news is that we have a suite of significant assets that our nation can leverage. "We must recognize that the enterprise as a whole — from federal investment to workforce to industry investment to tax and regulatory policy — is what differentiates our nation from all others. "In addition to these holistic recommendations, we must stop hurting our own enterprise with self inflicted wounds. Two examples illustrate the point. "First, while we must recognize the global competition and take it seriously, we must not demonize people or international collaboration in the process. Our colleagues of Chinese, Indian, and other immigrant backgrounds make up a substantial percentage of the American science and technology workforce. They are colleagues and friends and deserving of respect. We must ensure that our drive to compete does not alter our humanity. When we make America less welcoming to scientists who are immigrants or those who have been here for generations, we only hurt our own competitiveness and opportunity for prosperity. In addition, science is a global activity. When we close ourselves off to international collaboration, we lose visibility to advances made around the world and slow progress for everyone."Second, last week, the announcement of an abrupt spending freeze on science and technology funding broke trust and hurt the S&T enterprise. This is the kind of action that, even if brief, can have a lasting negative impact. Many scientists, particularly those early in their careers, live paycheck-to-paycheck. I was most saddened to hear from these scientists who began questioning whether they should even continue their scientific pursuits or switch careers. Scientists and engineers are resilient, and I have no doubt that most will persevere because they care deeply about solving problems and better understanding the world around them. But every time we stop and start, lose focus, break continuity across funding and intellectual property protections, we lose some of the next generation of science and technology talent and hurt America’s competitiveness. "The stakes are enormous, the necessary actions are clear, and the time is now."Read Dr. Parikh's testimony: https://bit.ly/40S7iug News and Activities for the Communities 1. APA Justice Community Calendar Upcoming Events: 2025/02/10 Federal Employees: What are my whistleblower rights?2025/02/12 Federal Employees: How might my benefits be affected?2025/02/13 China Initiative: Impacts and Implications2025/02/13-15 2025 AAAS Annual Meeting2025/02/16 Rep. Gene Wu's Town Hall Meeting2025/02/18 Protecting Our Organizations: 501(c)(3) Nonprofit Compliance Virtual Training2025/02/23 World Premier of "Quixotic Professor Qiu" with Xiaoxing Xi2025/03/02 Rep. Gene Wu's Town Hall Meeting2025/03/03 APA Justice Monthly Meeting2025/03/12 MSU Webinar on China InitiativeVisit https://bit.ly/3XD61qV for event details. # # # APA Justice Task Force is a non-partisan platform to build a sustainable ecosystem that addresses racial profiling concerns and to facilitate, inform, and advocate on selected issues related to justice and fairness for the Asian Pacific American community. For more information, please refer to the new APA Justice website under development at www.apajusticetaskforce.org . We value your feedback. Please send your comments to contact@apajustice.org . Back View PDF February 10, 2025 Previous Newsletter Next Newsletter

About Us 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. History After a series of innocent Chinese American scientists in academia, government and private industry were wrongly accused of espionage-related charges and then had their cases dropped by the Department of Justice without full explanation and accountability, a group of volunteers gathered to provide a platform and to connect concerned organizations and individuals with the Congressional Asian Pacific American Caucus (CAPAC) in the Fall of 2015. Organizations and individuals participate in this voluntary group share these fundamental beliefs: there has been historical exclusionary laws and internment of Asian Americans in violation of their constitutional rights and American values for political scapegoating there is lack of government transparency and explanation on the recent use of overzealous methods and patterns of xenophobic profiling against innocent Asian Americans there is impact and damage of these recent adverse actions within the Asian American community with respect to their standing as Americans and ability to serve their country there are responsibilities and obligations for Asian American and Pacific Islander elected officials and community leaders to voice and address concerns; raise public awareness and participation; hold the government accountable; and seek proper transparency and oversight to prevent future similar occurrences Purpose On an ongoing basis, we strive to: seek full explanation and remedies for the recent individual cases including Ms. Sherry Chen and Professor Xiaoxing Xi and make the wrongly accused whole seek independent investigations of the overzealous investigative and prosecutorial methods and profiling of innocent Asian Americans based on ethnicity, national origin and protected civil rights factors identify resources and opportunities to raise public awareness, educate and provide training about legal environment and risks, and inform about statistics and rights engage law enforcement and prosecutors in dialogue, training, and similar activities to promote understanding of Asian American culture and community and openness and transparency of government operations partner with like-minded organizations and individuals to voice Asian American concerns about law enforcement and advance the purpose of this group formulate and advocate for continuing oversight, policy, and best practices to ensure justice and equal rights for Asian Americans facilitate consensus and coalition-building on an issue-by-issue basis

Academics, elected officials, and civil rights groups across the country are raising concerns about the nomination of Casey Arrowood to be US Attorney for the Eastern District of Tennessee. July 29, 2022 Sign the campaign to oppose Arrowood's nomination The White House announced the nomination of Mr. Casey Arrowood to be US Attorney for the Eastern District of Tennessee on July 29, 2022. The Senate Judiciary Committee logged the nomination as PN2444 on August 1, 2022. Academics, elected officials, civil rights groups, and community organizations across the country have raised grave concerns about this nomination - It will further erode public trust in our judicial system and increase the chilling effect on U.S. science and technology. Mr. Arrowood was the lead prosecutor of University of Tennessee Professor Anming Hu , an internationally-renown nanotechnology expert and the first academic to go to trial under the now-defunct “ China Initiative. ” Court testimonies and documents show that Professor Hu was subject to a two-year Federal Bureau of Investigations (FBI) investigation started by a Google search , not a criminal predicate. Professor Hu was fired by the University of Tennessee at Knoxville based on misleading and false information provided by the government. When the false allegation that Professor Hu spied for China could not be supported by facts and evidence, he was pressed to spy on China for the U.S. government. After Professor Hu refused, Mr. Arrowood mounted a wire fraud case against Professor Hu. The jury deadlocked, and a mistrial was declared. On June 17, 2021, three members of the House Judiciary Committee, Reps. Ted Lieu, Mondaire Jones, and Pramila Jayapal, referred the case to the Inspector General at the Department of Justice for review out of concerns of alleged misconduct of the FBI in Professor Hu’s case. Mr. Arrowood’s wrongful prosecution of Professor Hu betrayed the public trust and confidence we all place in our judicial system. According to a media report , a member of the all-white jury entered the 2021 trial assuming that the government handled the case with honesty and integrity. At the end of the mistrial, she concluded publicly that it was “the most ridiculous case” and “if this is who is protecting America, we’ve got problems.” Instead of reviewing his weak case and acting in the interests of justice, Mr. Arrowood pursued a retrial of Professor Hu. In the order to acquit Professor Hu of all charges in the indictment, Judge Thomas Varlan ruled that the government's evidence, even if given in the light most favorable to the government, would be clearly insufficient for a rational jury to convict Professor Hu of the crimes alleged. Despite the judge's ruling, the unjust prosecution forever changed the lives of Professor Hu and his family. To this day, Professor Hu describes that period as "the darkest time of [his] life" as he and his family endured financial instability, traumas, family separation, and a long battle for justice. The nomination of Mr. Arrowood is an affront to the Asian American, immigrant, and scientific communities. It opens a new wound when we still need to heal from years of prosecution and targeting of Asian Americans and immigrants during and before the "China Initiative." Our communities continue to work towards justice and ensuring substantive reforms to end the targeting and profiling of Asian Americans and immigrants. Mr. Arrowood demonstrated his poor judgment, wasted valuable taxpayers’ dollars, failed to uphold justice and fairness, and eroded public trust. His wrongful prosecution of Professor Hu, not once but twice, is deplorable and an embarrassment to our nation. In an exclusive interview with Tennessee Lookout on August 11, 2022, Professor Hu called for President Joe Biden to withdraw the nomination of Mr. Arrowood. “My case was a case of wrongful prosecution, and I believe (if Arrowood is confirmed) similar things will happen again and will damage long term the U.S. (government’s) reputation,” Professor Hu said. “If you do something wrong, you should have consequences. Instead, (Arrowood) is getting rewarded. It is very unfair. I do not think this is a reasonable nomination.” On August 20, 2022, Professor Hu and his family wrote to the White House requesting President Biden to rescind the nomination of Mr. Arrowood. Professor Hu cited four explanations for his objection: As the leading prosecutor, Mr. Arrowood should have stopped this wrongful investigation and never brought this case forward for prosecution. As an Assistant U.S. Attorney, Mr. Arrowood himself did not understand the law that he was prosecuting. This wrongful prosecution created a strong chilling effect among the Chinese American community. This nomination has harmed the reputation of the U.S. government. APA Justice , Asian American Scholar Forum , Tennessee Chinese American Alliance , and United Chinese Americans launched this nationwide campaign to support Professor Hu and oppose the nomination of Mr. Arrowood. We give voice to Asian Americans and immigrants, the scientific and academic community, and to the impacted persons and their families. We call for the White House to withdraw the nomination, and the Senate Judiciary Committee to take no action on the nomination before a thporugh investigation and a hearing have been completed. We will continue to collect organizational and individual co-signers until there is an end to the nomination of Mr. Arrowood. Please help spread the word if you have already signed on and fill out the form here if you have not yet done so: https://bit.ly/OpposeArrowoodNomination Please help spread the word about this campaign widely. We also encourage organizations and individuals to send their own letters directly to the White House and the Senate Judiciary Committee. Email contact@apajustice.org if you have any questions or comments. Note : Organizers of the campaign retain the right to decide on the final co-signers to the letters. Please sign on to the campaign here: https://bit.ly/OpposeArrowoodNomination 2022/11/10 Committee of 100: Committee of 100 Expresses Concerns Over Mr. Casey Arrowood Being Nominated to Serve as U.S. Attorney for the Eastern District of Tennessee. http://bit.ly/3EBDpEy 2022/11/06 Knox News: 'I want him voted down': Professor wrongly accused of spying fights prosecutor's promotion. https://bit.ly/3UDuYgZ 2022/09/06 Coalition letter to President Biden requesting the withdrawal of the nomination of Casey Arrowood. https://bit.ly/3KTWGTm 2022/09/06 Coalition letter to Senate Judiciary Committee requesting no action on the nomination of Casey Arrowood before thorough review. https://bit.ly/3KSy79l 2022/09/02 Department of Justice: Response to June 17, 2021, Request for Investigation. https://bit.ly/3rISqgJ 2022/08/31 Anming Hu letter to the Senate Judiciary Committee requesting rejection of Arrowood nomination. https://bit.ly/3RezeT6 2022/08/24 APA Justice Newsletter: Special Edition on the Campaign to Oppose the Nomination of Mr. Casey Arrowood. https://bit.ly/3ckMgPI 2022/08/22 Draft letter to President Biden to withdraw the nomination of Casey Arrowood. https://bit.ly/3T7yeRN 2022/08/20 Anming Hu letter to the White House requesting withdrawal of Arrowood nomination. https://bit.ly/3wizTum 2022/08/31 Tennessee Lookout: Asian American groups urge rejection of nominee for U.S. Attorney in Tennessee’s Eastern District . https://bit.ly/3CIVj7T 2022/08/11 Tennessee Lookout: Falsely accused University of Tennessee professor: Biden should rescind U.S. Attorney nomination. https://bit.ly/3C1YiYv Academics, elected officials, and civil rights groups across the country are raising concerns about the nomination of Casey Arrowood to be US Attorney for the Eastern District of Tennessee. Previous Next Campaign to Oppose The Nomination of Casey Arrowood

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

Newsletter - #368 Gary Locke Honored by NAPA; William Tong Elected; APA History in CT; NAPABA Updates; + #368 Gary Locke Honored by NAPA; William Tong Elected; APA History in CT; NAPABA Updates; + In This Issue #368 · NAPA Honors Gary Locke for Excellence in Public Service · Connecticut AG William Tong Elected President of NAAG · Asian Pacific American History in Connecticut Schools · Update from NAPABA · News and Activities for the Communities NAPA Honors Gary Locke for Excellence in Public Service On December 10, 2025, the National Academy of Public Administration (NAPA) announced that Secretary Janet L. Yellen , American Economist, former Treasury Secretary and former Chair of the Federal Reserve of the United States, and Governor Gary F. Locke 骆家辉 , former U.S. Ambassador to China, U.S. Secretary of Commerce and Washington State Governor, will receive the Elliot L. Richardson Prize for Excellence in Public Service on January 28, 2026.The award ceremony will take place at the Ronald Reagan International Trade Center at 1300 Pennsylvania Avenue NW, Washington, D.C, from 7-9 p.m. on Wednesday, January 28 after a reception beginning at 6:00 p.m. Journalist Jenn White , host of NPR’s 1A program, will moderate a discussion with the two award recipients as part of the event.The Elliot L. Richardson Prize is presented on a biennial basis to individuals exemplifying the public service virtues demonstrated by the award’s namesake. The prize in the amount of $50,000 will be split between the two awardees. Consistent with the public-spiritedness of Elliot L. Richardson, recipients of the award are required to designate one or more charities to receive half the prize amount they are awarded. Elliot L. Richardson is considered to be one of the nation’s finest public servants. An Academy Fellow, he served in four Cabinet-level positions in the U.S. government: Secretary of Health, Education and Welfare (HEW); Secretary of Defense, Attorney General; and Secretary of Commerce under both Republican and Democratic Presidents. Richardson is remembered for his integrity and courage that saved the nation from a constitutional crisis during the “Saturday Night Massacre” incident during the Nixon administration.Gary F. Locke’s legacy has many dimensions reflecting his varied roles as a trailblazing politician, public servant, and a diplomat who has been a leader in the areas of education, employment, trade, human services, and the environment.Locke served as the 10th United States Ambassador to China from 2011–2014, the 36th U.S. Secretary of Commerce from 2009–2011, and Washington State’s 21st Governor from 1997–2005. He was the first Chinese American elected governor in U.S. history, the first Asian American governor in the continental United States, and the first Chinese American Secretary of Commerce.As Governor, Locke earned national recognition for innovations in government efficiency, customer-focused service delivery, and priority-based budgeting. Under his leadership, Washington State was ranked among the nation’s best-managed states, with major initiatives delivered successfully and under budget. His work has been cited by leading scholars and institutions, including Harvard’s Kennedy School of Government.Locke later brought his pragmatic, cross-cultural leadership to diplomacy, strengthening U.S.–China engagement while advancing American economic and strategic interests. He currently serves as Chairman of Locke Global Strategies, advising clients on trade, regulatory, and investment matters, and as Chair of the Committee of 100 .Previous recipients of the Elliot L. Richardson Prize include Secretary Norman Mineta . NAPA is a Congressionally chartered, nonpartisan 501(c)(3) organization that advances excellence in public administration through its research programs and its nearly 1,000 elected Fellows. Comparable in structure and mission to the National Academies of Sciences, Engineering, and Medicine (NASEM), NAPA serves as a national resource for objective expertise on governance and public management.Read the NAPA press release: https://bit.ly/4rX1FaI . Register to attend the January 28 event in person or virtually: https://bit.ly/4iZPIgu . Connecticut AG William Tong Elected President of NAAG On December 12, 2025, the National Association of Attorneys General (NAAG) elected Connecticut Attorney General (AG) William Tong 湯偉麟 as President of the association during its annual Capital Forum, held December 8–10. Attorney General Tong succeeds New Hampshire Attorney General John Formella , who served as NAAG President in 2025.William Tong is the 25th Attorney General of Connecticut, first elected in 2018 and currently serving his second term. A national leader in high-impact litigation and investigations, Attorney General Tong has led bipartisan, multistate efforts to hold the addiction industry accountable for the opioid crisis, restore competition in the generic drug market, and protect consumers from data breaches and unfair practices. He has also prioritized reducing energy costs, expanding broadband access, and ensuring affordable healthcare.The son of immigrant small-business owners, Attorney General Tong brings a personal understanding of the challenges facing working families. He has worked to safeguard civil rights, defend Connecticut’s gun safety laws, and hold corporations accountable for climate-related deception. Before becoming Attorney General, Tong served 12 years in the Connecticut General Assembly and practiced law for nearly two decades. He is the first Asian American elected to statewide office in Connecticut and the first Chinese American elected Attorney General in the United States.During the APA Justice monthly meeting on May 5, 2025, Attorney General Tong reflected on the significance of his historic election, noting that its rarity underscores the continued underrepresentation of AAPI communities in political leadership. He spoke candidly about persistent xenophobia and racism, and about how Asian Americans—particularly East Asian Americans—are often perceived as perpetual foreigners who are quiet, passive, and unlikely to lead, contributing to the rise in anti-Asian hate. Tong argued that greater AAPI representation in positions of power would allow communities to prevent discrimination rather than merely react to it, and he strongly defended birthright citizenship under the 14th Amendment as central to his own identity. Drawing on the long history of Chinese American contributions to the nation, he emphasized that AAPI stories are deeply American, concluding with a call for solidarity, collective voice, and mutual protection so that no one in the community faces discrimination alone. Read his remarks at the APA Justice monthly meeting: https://bit.ly/4oYIMSf Asian Pacific American History in Connecticut Schools According to AP News on December 12, 2025, three years after Connecticut mandated Asian American and Pacific Islander (AAPI) history in K–12 education, West Hartford Public Schools are rolling out a comprehensive, year-round curriculum that integrates AAPI history across most grade levels. Students will learn not only about familiar topics like Japanese American incarceration during World War II, but also lesser-known stories such as Medal of Honor recipient Sadao Munemori , as well as immigration history, birthright citizenship cases like Wong Kim Ark ’s, and contemporary figures such as architect Maya Lin . Educators say the expanded curriculum addresses long-standing gaps that left many students feeling invisible and reflects the district’s diverse population. The effort is part of a broader national movement accelerated by the surge in anti-Asian hate during the pandemic, with roughly a dozen states now requiring AAPI history.At the same time, the push for inclusive education has exposed tensions within the AAPI community and across states, particularly where lawmakers resist teaching systemic racism or broader ethnic studies. While AAPI history mandates have sometimes gained bipartisan support, critics argue that similar openness has not been extended to Black, Latinx, or LGBTQ+ histories, raising concerns about sanitized or selective narratives. Educators in Connecticut emphasize that the goal is not ideological instruction but a “deeper, richer” understanding of American history—one that includes struggle, resilience, and achievement. District leaders plan to continue refining the curriculum, using literature and age-appropriate lessons to embed AAPI experiences into a balanced and inclusive view of the nation’s past. Update from NAPABA During the APA Justice monthly meeting on December 1, 2025, Edgar Chen 陳春品 , Special Advisor, National Asian Pacific American Bar Association (NAPABA), provided an overview of NAPABA’s recent annual convention and the organization’s broader civil-rights–focused work. He began by thanking APA Justice for the opportunity to share updates and participate in discussion of Florida’s SB 264 during the Q&A.Edgar explained that NAPABA represents more than 80,000 Asian American, Native Hawaiian, and Pacific Islander (AANHPI) attorneys, judges, law professors, and law students across the United States, with additional Canadian affiliates. Each year, NAPABA convenes members in a different host city for its annual convention. The 2025 gathering took place in Denver, Colorado, and was NAPABA’s second-largest convention ever, with over 2,800 attendees. He noted that last year’s Seattle convention reached a record 3,400 attendees and featured Governor Gary Locke as an opening speaker.Edgar highlighted several elements of the Denver convention that intersect with current civil rights issues. Responding to earlier panel discussion about the federal Community Relations Service (CRS), he noted that CRS — often called “the nation’s peacemakers” — has historically had four directors of Asian American descent: Grand Lum , Rose Ochi , Justin Locke , and Julius Nam . Grand Lum participated in a Denver panel on alternative dispute resolution. Edgar also connected other speakers’ points to NAPABA’s recent work, noting, for example, that NAPABA included the Congressional Gold Medal for Chinese American WWII veterans as part of its 2018 lobby-day agenda.NAPABA’s continuing legal education offerings at the convention spanned more than 43 breakout sessions covering emerging and specialized practice areas, including artificial intelligence, cryptocurrency, healthcare law, tariffs, and even Asian American leadership in the outdoor and skiing industries — a nod to the Colorado setting. From this broad program, Edgar emphasized several civil rights sessions that were most relevant to the APA Justice audience. These included programming on birthright citizenship, such as a reenactment of the landmark Wong Kim Ark case; discussions about discrimination against Pacific Islander women; sessions addressing sexual violence; and a program on language access in the wake of the recent rescission of the Clinton-era executive order guaranteeing federal language-access services. The convention also explored book bans and the erosion of intersectional identities in public education and discourse.Edgar personally moderated a panel on immigration enforcement featuring Greg Chen of the American Immigration Lawyers Association. He summarized the panel’s key conclusion: the central issue currently shaping immigration outcomes is “discretion,” particularly the growing use of negative discretion across U.S. Citizenship and Immigration Services and other parts of the federal immigration system. He stressed that, beyond ICE, these shifts have implications for refugees, asylum seekers, and vulnerable communities — especially in the context of the recent shooting in Washington, D.C., which has further intensified national debate over immigration policy and public safety. The convention also featured a major plenary session with Justice Goodwin Liu of the California Supreme Court and Ajay Mehrotra of the American Bar Foundation. They discussed the “Portrait Project,” a data-driven analysis of AANHPI representation in the legal profession and the barriers that impede career advancement. The research identifies three persistent barriers: lack of mentorship, limited networking infrastructure, and insufficient development of soft skills that are rarely taught in law school but crucial to professional success. Edgar emphasized that first-generation lawyers in particular face challenges in navigating these unwritten rules of the legal profession, and that part of NAPABA’s mission is helping to close these gaps.He also noted that NAPABA honored several Trailblazers this year, including Committee of 100 member Alan Tse and Rutgers Law Professor Rose Cuison-Villazor , both widely recognized for their leadership and contributions to civil rights and legal scholarship. The convention concluded with a gala featuring an in-depth conversation between actor Rich Ting and journalist Katie Fang — a session Edgar described as especially compelling.Looking ahead, Edgar announced that the next NAPABA convention will take place in Los Angeles, where attendance could reach 5,000 members. He invited APA Justice participants and interested community members to follow upcoming announcements about the 2026 program.A summary of the December 1 APA Justice monthly meeting is being prepared at this time. News and Activities for the Communities 1. APA Justice Community Calendar Upcoming Events: 2026/01/05 APA Justice Monthly Meeting2026/01/13 Conversations, Recollections, Pioneers and Heroes: Leroy Chiao2026/01/29-30 The Jimmy Carter Forum on U.S.-China Relations2026/02/02 APA Justice Monthly MeetingVisit https://bit.ly/3XD61qV for event details. # # # APA Justice Task Force is a non-partisan platform to build a sustainable ecosystem that addresses racial profiling concerns and to facilitate, inform, and advocate on selected issues related to justice and fairness for the Asian Pacific American community. For more information, please refer to the new APA Justice website under development at www.apajusticetaskforce.org . We value your feedback. Please send your comments to contact@apajustice.org . Back View PDF December 15, 2025 Previous Newsletter Next Newsletter

Newsletter - #192: BREAKING NEWS: DOJ Files Brief in Florida Lawsuit; 07/03 Meeting; Who Can Be American #192: BREAKING NEWS: DOJ Files Brief in Florida Lawsuit; 07/03 Meeting; Who Can Be American In This Issue #192 BREAKING NEWS: DOJ Files Amicus Brief in Florida Alien Land Lawsuit 2023/07/03 APA Justice Monthly Meeting How Frederick Douglass and Wong Kim Ark Helped Define Who Can Be American BREAKING NEWS: DOJ Files Amicus Brief in Florida Alien Land Lawsuit On June 27, 2023, attorneys for the U.S. Department of Justice (DOJ) filed a statement of interest in support of the motion for preliminary injunction: https://bit.ly/3PsKSvw The 22-page statement, also called an amicus curiae *“friend-of-the-court”) brief, begins with this introduction:"The State of Florida recently enacted a statute that imposes new prohibitions on owning or purchasing land in the State. Among other provisions, Senate Bill 264 (“SB 264”) prohibits individuals who are not U.S. citizens or permanent residents and whose “domicile” is in China, or other so-called “foreign countries of concern,” from owning or purchasing real property. The United States respectfully submits this Statement of Interest under 28 U.S.C. § 5171 to advise the Court of the United States’ view that the provisions of SB 264 to be codified at Florida Statutes §§ 692.201–.2052 violate the Fair Housing Act (“FHA”) and the Equal Protection Clause of the Fourteenth Amendment of the United States Constitution. These unlawful provisions will cause serious harm to people simply because of their national origin, contravene federal civil rights laws, undermine constitutional rights, and will not advance the State’s purported goal of increasing public safety. Plaintiffs are likely to succeed on the merits of these claims challenging the provisions of SB 264 that restrict and prohibit land ownership. Accordingly, the United States supports Plaintiffs’ motion to enjoin Defendants from implementing and enforcing these provisions."The brief proceeds to explain these two arguments: Plaintiffs are likely to succeed on the merits of their Fair Housing Act Claims Plaintiffs are likely to succeed on the merits of their Equal Protection Claim The brief concludes:"For the foregoing reasons, the provisions of SB 264 that restrict and prohibit land ownership violate the Fair Housing Act and the Equal Protection Clause of the Fourteenth Amendment, and Plaintiffs are likely to succeed on the merits of those claims."Read the DOJ amicus curiae brief: https://bit.ly/3PsKSvw 2023/07/03 APA Justice Monthly Meeting The next APA Justice monthly meeting will be held via Zoom on Monday, July 3, 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 Kusakawa , Executive Director, Asian American Scholar Forum (AASF), speakers will include: Al Green , Member of U.S. House of Representatives; Member, Executive Board and Chair of Housing Task Force, CAPAC, on alien land bills and multicultural advocacy coalition Clay Zhu 朱可亮 , Partner, DeHeng Law Offices 德恒律师事务所; Founder, Chinese American Legal Defense Alliance 华美维权同盟, on the recent developments of the Florida lawsuit Scott Chang , Senior Counsel, National Fair Housing Alliance, on NFHA and its work on alien land bills Edgar Chen , Special Policy Advisor, National Asian Pacific American Bar Association, on NAPABA's work on alien land bills and related activities Cindy Tsai , Interim President and Executive Director, Committee of 100, on the recent roles and activities of C100 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 . How Frederick Douglass and Wong Kim Ark Helped Define Who Can Be American During a recent roundtable with state organizers and activists on alien land laws and related issues, Helen Zia 谢汉兰 shared a picture of Wong Kim Ark 黃金德 and Frederick Douglas - it is a story of Asian Americans and solidarity that is missing in American history.According to a KCET report on May 19, 2022, Frederick Douglass escaped slavery and was a powerful voice for racial justice. In his view, the struggle for equality of the Black man also meant a fight for equality for all people. "… I want the Asiatic to find a home here in the United States, and feel at home here, both for his sake and ours. Right wrongs no man," he said in Boston in December 1869. Wong Kim Ark, who was born in the United States and barred from re-entry in 1895, took his case to the US Supreme Court and won, paving the way for birthright citizenship for all."I am especially to speak to you of the character and mission of the United States, with special reference to the question whether we are the better or the worse for being composed of different races of men. I propose to consider first, what we are, second, what we are likely to be, and, thirdly, what we ought to be," Douglas said in his speech. "There are such things in the world as human rights. They rest upon no conventional foundation, but are external, universal, and indestructible. Among these, is the right of locomotion; the right of migration; the right which belongs to no particular race, but belongs alike to all and to all alike. It is the right you assert by staying here, and your fathers asserted by coming here. It is this great right that I assert for the Chinese and Japanese, and for all other varieties of men equally with yourselves, now and forever. I know of no rights of race superior to the rights of humanity, and when there is a supposed conflict between human and national rights."According to Wikipedia , Wong Kim Ark was born in San Francisco, California, at 751 Sacramento Street. In November 1894, Wong sailed to China for a temporary visit, to rejoin his wife at his family's village in Taishan, Guangdong. But when he returned in August 1895, he was detained at the Port of San Francisco by the Collector of Customs, who denied him permission to enter the country, arguing that Wong was not a U.S. citizen despite his having been born in the U.S., but was instead a Chinese subject because his parents were Chinese. Wong was confined for five months on steamships off the coast of San Francisco while his case was being tried. In a 6–2 decision issued on March 28, 1898, the Supreme Court held that Wong Kim Ark had acquired U.S. citizenship at birth and that "the American citizenship which Wong Kim Ark acquired by birth within the United States has not been lost or taken away by anything happening since his birth." Back View PDF June 28, 2023 Previous Newsletter Next Newsletter