Author: Kiran Raval

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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.

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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.

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AABANY Solo and Small Firm Practice Committee Hosts Bubble Tea Social

On September 4, 2024, the AABANY Solo and Small Firm Practice Committee hosted a Bubble Tea Social, held in the Financial District of downtown Manhattan. 

The event was casual, yet lively and attendees enjoyed bubble tea drinks from Kung Fu Tea, custom-made with different tea and topping options. Favorite drinks included Winter Melon tea and Strawberry Lemonade tea with lychee. Individuals discussed their backgrounds, careers, and professional experiences, reconnecting with previous acquaintances while also introducing themselves to unfamiliar faces. 

This was AABANY’s first ever Bubble Tea Social, so we extend a special thanks to the Solo and Small Firm Practice Committee for organizing and hosting this event as well as everyone who was in attendance.

To learn more about the Solo and Small Firm Practice Committee, please click here.