Statement On S. 937 COVID-19 Hate Crimes Act

For Immediate Release: Date: April 22, 2021

Contact: Priya Purandare, Executive Director

Today, the United States Senate, in an overwhelmingly 94-1 bipartisan vote, passed S. 937, the “COVID-19 Hate Crimes Act” introduced by Senator Mazie Hirono (D-HI).  This legislation requires that the U.S. Department of Justice designate a point person whose sole responsibility is to facilitate the expedited review of hate crimes related to the COVID-19 pandemic. Notably, the legislation recognizes a “COVID-19 hate crime” as an act of violence motivated by the actual or perceived relationship to the spread of COVID-19 of any person based on their race, ethnicity, age, color, religion, national origin, sexual orientation, gender, gender identity, or disability. The Senate-passed legislation also incorporates the Jabara-Heyer No Hate Act which increases resources for hate crimes reporting and assistance for victims of hate crimes.

“NAPABA congratulates the Senate for passing this important legislation, and Senator Hirono for her leadership on this issue,” said NAPABA President A.B. Cruz III. “This bill squarely addresses one of the root causes of the increase in hate crimes and bias-motivated incidents being committed against the Asian American community – the dangerous rhetoric and falsehood that somehow Asian Americans are responsible for the COVID-pandemic. NAPABA is committed to ensuring justice for hate crimes and hate-motivated incidents committed against the Asian American community, and looks forward to swift passage in the House and enactment into the law.”

NAPABA believes this bill will help state and local law enforcement to better investigate and record hate crimes and hate incidents and prosecute them where appropriate. The legislation also requires the Department of Justice to issue guidance on establishing online hate crimes and hate incident reporting in multiple languages, and to work with the Department of Health and Human Services to issue guidance on best practices to mitigate discriminatory language in describing the COVID-19 pandemic.  In response to the surge in attacks against Asian Americans in the wake of the pandemic, NAPABA in partnership with the APIA Health Forum have produced a hate crimes reporting toolkit – translated into 25 languages and English – the single largest collection of different AAPI-language materials assembled, that provides basic and critical information for victims, community based organizations, and community leaders. 

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The National Asian Pacific American Bar Association (NAPABA) represents the interests of approximately 50,000 legal professionals and nearly 90 national, state, and local Asian Pacific American bar associations. NAPABA is a leader in addressing civil rights issues confronting Asian Pacific American communities. Through its national network, NAPABA provides a strong voice for increased diversity of the federal and state judiciaries, advocates for equal opportunity in the workplace, works to eliminate hate crimes and anti-immigrant sentiment, and promotes the professional development of people of color in the legal profession.

AABANY Statement on the Verdict in the Trial of Derek Chauvin

In the wake of the deaths of George Floyd, Ahmaud Arbery, and Breonna Taylor in 2020, the Asian American Bar Association of New York (AABANY) expressed solidarity with the Black community. On April 20, 2021, a jury in Minneapolis convicted Derek Chauvin on all counts in the killing of George Floyd. AABANY recognizes this guilty verdict as only a first step towards fighting for a future where justice prevails. AABANY acknowledges the longstanding history of systemic injustice faced by the Black community, and we realize how far we all need to go to build a better, more equitable society. This trial should stand as a significant marker of a pivotal point in our history in which police accountability and racial justice emerge as important measures of how our democracy has made progress.

AABANY’s theme this year is “Uniting for Justice and Equity.” As we work to promote diversity, equity and inclusion, and continue our struggle against racism, discrimination, xenophobia, and hate crimes, AABANY stands steadfast in its solidarity with the Black community. When the justice system fails to protect the civil liberties and human rights of the Black community, everyone suffers. Together, we must raise our voices against injustice and call for overdue reform in the criminal justice system.

Former AABANY Member Daniel M. Chung Writes Op-Ed Emphasizing Need for New Santa Clara County District Attorney

On April 19, 2021, San Jose Inside published an op-ed titled “Santa Clara County Deserves a New District Attorney” by Daniel M. Chung, formerly with the Bronx DA’s office and was an AABANY member. Daniel currently works as a Santa Clara County Deputy District Attorney and in the op-ed, he voices the need for a new District Attorney in Santa Clara County who will celebrate the diversity of the community and speak out against injustice.

As an Asian-American prosecutor in Santa Clara County, Daniel felt that he needed to speak out against anti-Asian violence at a time when many local community leaders stayed silent. He published an op-ed in the Mercury News on February 14, 2021, about the recent surge of anti-Asian violence and the need for balanced criminal justice reforms to protect victims and communities. In response to the publication, Daniel’s boss, Santa Clara County District Attorney Jeff Rosen, had Daniel appear at a hearing to answer allegations that he had used his official title without authorization, and reassigned him twice in two days with no customary notice or explanation. Daniel attributes DA Rosen’s actions to his boss’ political aspirations and explains that rather than demonstrating commitment to racial justice and the Asian community in Santa Clara County, DA Rosen chose to stay silent. Daniel stresses the importance of a new District Attorney in Santa Clara County:

Santa Clara County deserves a DA who will be a leader—not a bandwagoner—in speaking out against injustice to Asian Americans and others. A DA who will demand unwavering loyalty to the law and justice and not to himself. A DA who will prioritize public safety and not promote a culture of fear and retaliation. A DA who will respect free speech, say what he means, and mean what he says. Santa Clara County deserves a DA who will celebrate the rich diversity of our community and protect us—not for personal or political gain, but because it is the right thing to do.

To read the full op-ed, click here.