NAPABA Condemns Passage of Bills That Would Reinstate the “China Initiative” and Plant the Seeds for a National Alien Land Law

For Immediate Release:
Date: September 12, 2024
Contact:
Rahat N. Babar, Deputy Executive Director

WASHINGTON – On September 11, 2024, the United States House of Representatives passed two bills that, if enacted, would racially profile members of the Asian American, Native Hawaiian, and Pacific Islander (AANHPI) community under the guise of national security. While policymakers have the prerogative to address the legitimate national security concerns confronting the United States, they may not enact discriminatory laws that target the AANHPI community. In no uncertain terms, the National Asian Pacific American Bar Association (NAPABA) condemns the actions of the House, which instill unwarranted fear and suspicion on individuals solely because of their national origin.
First, the House passed H.R. 1398, Protect America’s Innovation and Economic Security from CCP Act of 2024, a bill that would reinstate the disbanded and discredited China Initiative program within the U.S. Department of Justice. NAPABA has previously denounced the China Initiative, which created a chilling effect around scholars of Chinese ancestry and, at worst, countenanced impermissible racial profiling.

Second, the House passed H.R. 9456, Protecting American Agriculture from Foreign Adversaries Act of 2024, a bill that would require the Committee on Foreign Investment in the United States (CFIUS) to review any agricultural land purchases, regardless of size or scope, by any person from China, North Korea, Russia, or Iran, even if they are lawfully present in the United States, green card holders, have nothing to do with the regimes in these countries, or refugees fleeing persecution from those governments. By mandating such a referral to CFIUS, the bill would effectively designate any individual from those countries as a national security risk based solely on national origin.

NAPABA has long opposed legislation that discriminates based on national origin alone rather than on evidence of malign conduct and has worked with policymakers at all levels to avoid discriminatory policies. Such policies equate ordinary Chinese, Korean, Iranian, and other persons with governments, political parties, or state-owned enterprises even if they have no affiliation with such entities. While NAPABA recognizes the geopolitical tensions and competition with countries such as China, the passage of laws that restrict civil rights without an appropriate and legitimate, evidence-based nexus to national security creates an atmosphere of distrust that easily targets Asian Americans, not just those of Chinese descent.  As the political rhetoric rises in this election season, leaders must avoid actions that promote bigotry and racism against Asian Americans.

NAPABA objects to the passage of these bills and calls on the United States Senate to reject them.

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The National Asian Pacific American Bar Association (NAPABA) represents the interests of over 80,000 Asian Pacific American (APA) legal professionals and nearly 90 national, state, and local APA bar associations. NAPABA is a leader in addressing civil rights issues confronting Asian American, Native Hawaiian, and Pacific Islander 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 all backgrounds in the legal profession.

Christina Chelliah Interviewed on “Building Belonging” Podcast

On September 5, 2024, the ”Building Belonging” podcast, hosted by the Office for Diversity, Equity, Inclusion, and Belonging at the New York City Bar Association, released their interview with Christina Chelliah, a member of AABANY. The series considers the perspectives of marginalized voices within the legal industry, and in an episode entitled “A Seat at the Table for Foreign-Trained Attorneys,” Chelliah shared her experiences getting admitted and practicing as a foreign-born attorney in New York City.

Originally from Kuala Lumpur, Malaysia, Chelliah explained that her path to becoming an attorney was much different than her counterparts in the United States. In Malaysia, students do not need an undergraduate degree to attend law school, so Chelliah graduated from law school when she was just twenty-two years old. After studying for the bar for a year and then completing a year-long pupillage, she worked as a corporate attorney in mergers and acquisitions at one of Malaysia’s leading firms. After applying for and receiving a Diversity Visa, she moved from Malaysia to the United States, whereupon she was faced with several challenges because of her background.

Chelliah described the major obstacles that most foreign-trained attorneys face. First, because foreign attorneys do not have a J.D. from an American university, they only have the opportunity to sit for the bar in just two states – New York and California. Second, regardless of any professional experience they might already have, they likely would have to go back to school and receive an LLM degree. Chelliah’s story, however, was different as she came to the US already with an extensive common law background and a British law degree, thus exempting her from having to complete an LLM program. Though she initially was grateful for this – as it meant she wouldn’t have to pay for additional schooling – it made getting jobs all the more difficult for Chelliah as she neither had a JD or LLM. She commented, “When I tell [recruiters] that I am neither [a JD or LLM], people are confused … I come under this third, unseen category.” 

Chelliah explained that a lack of understanding around how foreign-born attorneys are trained is commonplace among recruiters. Said Chelliah, “There is this divide … between how you get qualified to sit for the Bar in New York and what happens after you pass the Bar and how you are perceived. It’s [due to] that lack of understanding of what foreign credentials mean … we have been left out of the process of inclusion or consideration for positions because of that first part of our resume.” This problem, Chelliah stated, is widespread and institutionalized. “The system is not set up to provide means and ways … for people who are not the traditional type of lawyers to get into the profession.” 

Chelliah identified several crucial ways that the legal system could better handle these issues moving forward. First, she noted that it is imperative to keep having conversations like these. She proposed that the Board of Law Examiners and bar associations work together to share more resources for foreign-trained attorneys. Bar associations, for example, could set up sections on their websites or a committee to support these individuals. Second, Chelliah called for a reform to technology and application services to account for the fact that not all attorneys have an undergraduate degree. Third, she asked HR departments and recruiters to revise their training practices and place a greater emphasis on understanding the different trajectories beyond a traditional American education for attorneys. And finally, she implored listeners “[to] be willing to understand that what you think you know about the extent of DEI within the legal profession is an ever-evolving topic.”

To listen to the full podcast, please click here.

AABANY Membership and Litigation Committees Host a Yoga Class “Up, Up and Away” at One World Observatory

On Saturday, August 24th, the Asian American Bar Association of New York’s Membership and Litigation Committees hosted a yoga class at One World Observatory located 102 floors up in the One World Trade Center.

Attendees donned athletic wear and took a 42-second elevator ride up to the 102 floor ready to stretch, twist and relax during a one-hour yoga class with the New Jersey and Brooklyn skyline visible from the room.

After the class ended attendees shared stories and networked over coffee and pastries while taking pictures of the different iconic buildings or neighborhoods they recognized.

Thanks to the Membership Committee and Litigation Committee for organizing this unique event. We thank everyone who attended and hope they found it to be a rejuvenating experience. 

To find out more about the Membership Committee, please click here. To find out more about the Litigation Committee, please click here.

Thank You to Our Volunteers at the September 7th Pro Bono Legal Clinic in Brooklyn

Thank you everyone for joining us at the Brooklyn Pro Bono Legal Clinic on September 7, 2024, co-sponsored by CPC-Brooklyn at their 4101 8th Avenue location. Thanks also to the following co-sponsors: Community Service Committee, Councilman Justice Brannan, State Senator Iwen Chu, Council Member Alexa Avilés, the Parent-Child Relationship Association, the South Brooklyn Community Coalition, Homecrest Community Services, the United Chinese Association of Brooklyn, New York Team Up, and the United Chinese Americans Organizations. We met 16 clients who had questions about real estate, consumer fraud, and immigration issues.  Hope you all had a wonderful time learning from one another and informing the community about current laws! 

During the pandemic, many people were experiencing difficulties in canceling their gym memberships. Even worse, some clubs would close with limited notice or no notice at all to their customers. Due to reports of deceptive practices in health clubs, the New York State legislature passed the New York Health Club Services Act in 2023 to protect consumers. One of our clients came in to discuss such deceptive practices and the sudden closure of a spa. Under this Act, to protect members who prepay for their memberships, health clubs must file a bond or other type of financial security with the Secretary of State in case the club closes:

  • Clubs must mention this bond in all their contracts and must post about the bond in their facilities.
  • Clubs do not have to meet this requirement if they do not offer pre-paid memberships, or if payments do not exceed $150, memberships do not exceed one year, and the contract does not contain an automatic renewal provision.

Any contract that does not comply with the New York Health Club Services Act is void and unenforceable. If the health club violated the act, the customer can sue in small claims court and seek treble damages and reasonable attorney’s fees. For information about small claims court, visit https://www.nycourts.gov/courts/nyc/smallclaims/index.shtml .

Thank you to the following volunteers:

Volunteer Attorneys
Anna Chen
Chenyi Wang
Francis Chin
Gary Yeung
Kwok Kei Ng
May Wong
Interpreters & Shadowers
Albert Tong
Chenyi Wang
Jaymark Hawlader
Junjie Wang
Nandar Win Kerr
Wendy Zeng
Xiang Li
Xing Yang

Thank you again and please join us at the next clinics:

Manhattan Pro Bono Clinic on September 18th, 2024 at AAFE Community Center, 111 Norfolk St, New York, NY 10002. Sign up here – https://forms.gle/SD2VMY8X6yE4vsxW9

Queens Pro Bono Clinic on October 2nd, 2024 at AAFE One Flushing Community Center, 133-29 41st Ave, 2nd Floor, Flushing, NY 11355. Sign up here – https://forms.gle/5PjG8A73EE1XENyV9

2024 NAPABA President’s Award: A Celebration of Three Women Leaders

For Immediate Release:
Date: September 9, 2024
Contact:
Maureen Gelwicks, Deputy Executive Director

WASHINGTON – The National Asian Pacific American Bar Association proudly announces that the 2024 NAPABA President’s Award will be presented to Nancy P. Lee, Wendy C. Shiba, and Priya Purandare—three pioneering women leaders. Their transformative work has significantly impacted the Asian American, Native Hawaiian, and Pacific Islander community and the legal profession over the last four decades.

The NAPABA President’s Award is given annually to individuals or entities who demonstrate an exceptional commitment to the AANHPI community.

“Throughout my career, I have worked to empower women and the AANHPI community. As my presidency comes to a close, I have selected three women who have worked tirelessly behind the scenes for years and set a high bar for all to follow. They have left an indelible mark not just on me but our organization and the profession as well,” said NAPABA President Anna Mercado Clark. “Former NAPABA Presidents Nancy P. Lee and Wendy C. Shiba, and NAPABA Executive Director Priya Purandare have each worked to advance and mentor women in the profession and have created a more inclusive NAPABA. I am pleased to recognize them with the 2024 President’s Award.”

Nancy P. Lee, 6th President of NAPABA (1994-95), 4th President of NAPABA Law Foundation (NLF), and NAPABA Trailblazer, is an experienced nonprofit and corporate governance attorney. Lee’s efforts through the formative years to lead the strategic vision and planning for NAPABA and its foundation and her concurrent service as chair of Asian Americans Advancing Justice | AAJC, established the foundation for the AANHPI community and our organization to have the voice we have today.

Wendy Shiba, 24th President of NAPABA (2012-13) and NAPABA Trailblazer, is a retired C-suite executive and continues to serve as NAPABA’s representative to the ABA’s House of Delegates and Standing Committee on Bar Activities and Services, Presidential Appointments Committee, and Vice Chair of the Committee on Rights of Women on the ABA Section on Civil Rights and Social Justice. A mentor to many NAPABA woman presidents, Shiba’s influence and guidance have elevated NAPABA’s reputation as one of the nation’s premier professional organizations.

Priya Purandare, NAPABA Executive Director and longest-tenured staff member in the organization’s history, has transformed and led NAPABA by expanding programs, diversifying funding sources, doubling its budget and reserves, and growing its membership—now representative of 80,000 AANHPI legal professionals. A nationally recognized voice for the AANHPI legal community, she has advised three presidential administrations on judicial nominations, hate crimes, and other critical issues of importance to our community.

NAPABA congratulates Nancy P. Lee, Wendy C. Shiba, and Priya Purandare as this year’s President’s Awardees. The work of each awardee has made our community stronger. The award will be presented on Saturday, November 9, during the Gala at the 2024 NAPABA Convention in Seattle.  

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The National Asian Pacific American Bar Association (NAPABA) represents the interests of over 80,000 Asian Pacific American (APA) legal professionals and nearly 90 national, state, and local APA bar associations. NAPABA is a leader in addressing civil rights issues confronting Asian American, Native Hawaiian, and Pacific Islander 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 all backgrounds in the legal profession.

Judge High School Mock Trial in Philly or Online: FREE CLEs

INVITATION

Judge High School Mock Trial in Philly or Online: FREE CLEs

The Ask

On behalf of 500+ incredible high school students, including Brooklyn Tech and Central Islip HS, Empire Mock Trial is excited to invite you to volunteer as a judge or juror at one of two prestigious international mock trial competitions:

  • Empire Philly: The Constitution Classic on 9/28 or 9/29 at the Center for Criminal Justice (1301 Filbert St, Philadelphia, PA)
  • Empire Online on 10/17-10/20 online

Not only does Empire Mock Trial offer great perks for volunteering (free CLE, free meals, networking) and a great mission (investing in young people), but the case is also really interesting: it involves a public official, an informant, and a perjury charge. 

**No experience is required as both capable judges (i.e. trial lawyers) and jurors (i.e. non-trial lawyers) are needed**

About Empire Mock Trial 

The program is run by Empire Mock Trial, a nonprofit founded in NYC that has impacted more than 10,000 students over the past decade through its mock trial competitions. Having previously hosted competitions in five (5) states and two (2) countries, this is the organization’s inaugural program in Philadelphia. Their founder started the nonprofit in 2007 and held competitions in New York for 14 years consecutively before the pandemic. 

How to Help

You can support their students by (1) signing up to serve as a judge or juror, or (2) by sharing our information with colleagues, a bar association, or on social media. 

CLEs

There are great opportunities to earn CLE:

  • Philly – (1) ethics credit before each round by attending workshop (descriptions here) and (3) non-transitional skills credits for judging (capped a three credits)
  • Online – (3) non-transitional skills credits for judging (capped a three credits)


Mock Trial Judge Perspective: New York born
Over the last three years, Cook County Circuit Court (IL) Judge James Shapiro has volunteered with Empire Mock Trial and had this to say about his experience: 

“Before Empire, I had never judged a high school mock trial competition. Quite frankly, I was a little skeptical as to how good they could possibly be at the high school level. I am no longer a skeptic. These high school kids are better at trial advocacy than many lawyers I see. The competition is run in an extraordinarily professional manner. Empire has it organized down to a science. I had no idea this could be possible at the high school level… I heartily recommend participation as a judge in this competition. You will be blown away by the quality of much of the trial advocacy.

Contact Empire Mock Trial

If you have any questions, please don’t hesitate to reach out. They can be reached at 646-481-2332 or simply email [email protected]