NYForward is a state mandated guide to reopening New York safely. The guide has addressed some of the critical factors that have have helped New Yorkers combat the spread of the Covid-19: statewide testing initiatives, economic stimulus packages, and maintenance of strategic reserve of personal protective equipment (PPE). As for guidelines moving forward, the guide has proposed a series of metrics by which regions would be evaluated to determine if they can reopen. These guidelines include a sufficiently low infection rate, a stable health care system that is able to absorb a potential resurgence in cases, sufficient diagnostic testing capacity, and robust contact-tracing to help prevent the spread of the virus. Additionally, the guide has provided a plan for the phased reopening of businesses.
The guide also urges community leaders to pay special attention to vulnerable populations and to hold businesses accountable to the listed guidelines. Universities and schools should craft individualized plans for reopening and state and local leaders should continue to provide sufficient mental health resources. The guide also outlines the individual responsibilities necessary for communities to curb the spread of the virus and stresses the importance of continuing social distancing policies along with practicing good hygiene.
The final section discusses lessons that can be learned from the current crisis and proactive measures that could be adopted. These policies include incorporating and integrating technology that could help schools better transition to online lessons, streamlining healthcare and transportation systems, and ensuring greater social equity through reforming housing policies and other initiatives.
To read the full guide, click on the cover image below.
AABANY Member and immigration attorney Tsui Yee was recently quoted in an NPR story by Alina Selyukh entitled “Will Filing For Unemployment Hurt My Green Card? Legal Immigrants Are Afraid.”
As the coronavirus pandemic continues to spread and leave millions of people jobless, legal immigrants working and paying taxes in the US fear that applying for unemployment might jeopardize their immigration cases. Tsui noted that even though these individuals are eligible to collect unemployment, many chose not to out of fear that doing so will somehow trigger a red flag with immigration services.
The recent spike in Anti-Asian harassment and hate crimes have prompted a strong response by NYCCHR Commissioner Carmelyn Malalis. Encouraging New Yorkers to stand together against discrimination, she describes the history of scapegoating in times of crisis and the dangers of fearmongering. She encourages individuals to combat Asian-American stereotypes and misconceptions that underplay anti-Asian racism. With Malalis at the helm, the NYCCHR has formed a COVID-19 response team to handle reports of discrimination and harassment. She strongly encourages victims and bystanders to record and report such incidents to the NYC Commission on Human Rights.
Despite the restrictions against public gatherings during COVID-19, AABANY has remained active and busy for APA Heritage Month, hosting multiple community presentations about anti-Asian harassment and violence on May 13, 16, and 17, in English, Mandarin, Cantonese, and Korean.
We will continue to celebrate APA Heritage Month during the remainder of May, and we hope you will join us at the following events. Please follow the links for further details and to register.
Session 1 – China-Retail and Finance: David Chu (Chair, Georg Jensen), Lanlan Zhang (Vice-Chair, CICC US Securities), Bob Guterma (COO, SupChina)
Session 2 – Finance and US-China Relations: Anthony Scaramucci (former White House communications director, Managing Partner SkyBridge Capital), Ted Wang (CEO Puissance Capital Management and former Head of Global Trading, Goldman Sachs).
Session 3 – China Economy and Geopolitics: Yukon Huang (Senior fellow, Carnegie Asia Program), Dorinda Elliott (SVP, Director of Programs and Center for Business at China Institute)
Session 4 – Dr. Walter Lipkin (Leading Epidemiologist at Columbia University and recognized for his work on the SARS outbreak), Dr. Kenneth Abrams (Deloitte, Chief Physician Executive).
The Historical Society of the New York Courts continues its month-long celebration of Asian and Pacific Islander American Heritage Monthwith its 2017 film Get to Know: Hon. Peter Tom. At the time of the interview, Justice Tom served as the Acting Presiding Justice of the Appellate Division, First Department.
The now-retired Justice Tom speaks of his upbringing in Hong Kong, and how his early years in the United States brought him to an interest in the law. He traces his judicial career from Housing Court Judge to Appellate Division Justice. He also discusses the importance of boxing in his life. The film comes full circle in Justice Tom’s reflections on the American dream.
On May 8, 2020, the Membership Committee hosted their weekly Zoom Membership Mixer, with 20 participants in attendance. The question posed to the participants was, “If you could choose one only movie, book or TV series to watch or read repeatedly for a one year quarantine, what would that be?” Members said they would choose: Harry Potter, The Office, Game of Thrones, Star Wars, Seinfeld, The Dream of Red Chamber, On a Pale Horse, Matrix Trilogy, and Blade Runner.
The Membership Committee previously hosted Monthly Mixers at bars, ballparks, stadiums, operas, etc. But, due to COVID-19, we are moving online to offer members a weekly outlet to share their feelings, see old friends, and make new connections. Mixers start at 6:30 pm on Friday, and the main event ends at 7:30 pm but feel free to stay on after 7:30 pm for smaller breakout groups.
We are giving away door prizes in some weeks. To win, you must be a member and must RSVP on the aabany.org to get a raffle number. Non-members can join the Zoom mixer but won’t be eligible to win a prize.
This week we gave away a 4-month Showtime subscription! Congratulations to Suehyan Cho O’Leary for winning and we hope you enjoy watching Billions, Homeland, and The Affair.
For the Membership Mixer on May 15, please watch the PBS documentary “Asian Americans” https://www.pbs.org/show/asian-americans/ and we will be having a discussion of same with Chris Kwok moderating.
On Wednesday, April 29, 2020, the Asian American Bar Association (AABANY) hosted a webinar titled “Anti-Asian Violence and Hate Arising from the COVID-19 Pandemic.” This webinar examined the recent trends and data gathering of Anti-Asian violence incidents, as well as the legal framework of hate crimes under New York and Federal law. The nearly 100 attorneys who attended were given resources to advise the community as to their rights, along with opportunities to volunteer with AABANY.
The panel included Joe Gim, Deputy Bureau Chief, Nassau County District Attorney’s Office; Sheryl Koretz, Associate at Simpson Thacher & Bartlett LLP; Jia Lynn Yang, Deputy National Editor, The New York Times; John Yang, Executive Director, Asian American Advancing Justice (AAJC); and Jo-Ann Yoo, Executive Director of the Asian American Federation. Karen R. King, Counsel at Paul, Weiss, Rifkind, Wharton & Garrison LLP and a Vice Chair on the Pro Bono & Community Service Committee, moderated the panel.
Jo-Ann Yoo, Executive Director of the Asian American Federation, began by sharing some statistics to give some context about the Asian American community both in New York City and in the United States. She highlighted that Asian Americans are the fastest growing population within New York City and across the country, currently composing 60% of the overall population in New York City. Approximately one in four Asian New Yorkers live in poverty, which is the highest of any racial groups in the city. Yoo noted the Asian American Federation’s aggressive media strategy in sharing stories from the Asian American community on different media outlets in hopes of combating the Asian American community’s continued invisibility and marginalization. She noted that a rise in anti-Asian discrimination started when Asian Americans began to wear masks back as early as January, a practice that is not considered strange in Asia due to experiences with previous outbreaks such as SARS in 2002.
Joe Gim, Deputy Bureau Chief, Nassau County District Attorney’s Office, discussed the elements of a hate crime under NY Penal Law § 485.05. Gim explained that § 485.05 elevates the level of punishment that a defendant would receive for a crime that already exists on the books. Among the hate crimes or bias incidents in connection with the pandemic that are the topic of this discussion, there are only a few that would fall under this statute. A second statute that is particularly important to know for community outreach on this issue is aggravated harassment in the second degree under NY Penal Code § 240.30, which deals with verbal or nonverbal threats that fall under misdemeanors or hate crimes.
John Yang, Executive Director of Asian American Advancing Justice, touched on the different channels available to witnesses or victims and the proper actions to take when put in such a situation. A reluctance to report hate crimes has always been an issue for all minority groups. The panelists reinforced the point that bystanders are crucial to these acts of discrimination coming to light. While it may not be safe to directly intervene in these situations, simply calling law enforcement, documenting or recording the crimes, or consoling the victim helps tremendously. Even without knowing the person harassed, as long as someone has proof of the crime being committed, it is possible to prosecute the person responsible entirely by the bystander. There is currently AAAJ/Hollaback bystander training available to help prepare for such situations.
Jia Lynn Yang, Deputy National Editor for The New York Times, explained the thought process and impact of writing her article “Who Belongs in America,” which argues that the fight of Asian Americans for our place in the United States is far from over. Despite the historical struggle for racial equality through US immigration law, there are still those who deny the presence of Asians with legal status in the country. She found that people felt more comfortable with talking about their own experiences of harassment after her article affirmed the severity of these crimes.
Sheryl Koretz, Associate at Simpson Thacher & Bartlett LLP, highlighted the importance of identifying those responsible for the hate crimes, seeking reimbursement for the victims, and spreading the awareness of these cases. In New York, there are newly formed hate crime task forces such as the Asian hate crimes hotline launched by New York Attorney General Letitia James. Victims don’t necessarily need a physical injury to seek compensation. The police have reaffirmed that people reporting hate crimes will never be questioned about immigration status.
Before wrapping up the CLE program, Karen King asked the attendees to consider signing up to be a part of the Community Response Task Force (CRTF), which AABANY uses to communicate with volunteers when there are pressing legal matters affecting the Asian community, including Ant-Asian Violence. Here is the link: https://docs.google.com/forms/d/e/1FAIpQLSdumGO2c9heuQoMifYIWUdZsg3qmimijswUYmOFznXs9ROAww/viewform.
We thank all the panelists for joining us for this timely and vital CLE program, and we thank Karen for organizing it and serving as moderator. Be on the lookout for upcoming community presentations on this topic during APA Heritage Month in May. We hope to be able to count on attorney volunteers to assist victims of anti-Asian violence. If you are interested in volunteering, let us know by filling out the CRTF form using the link above.
The video of the webinar is embedded in this blog post and you can view it by clicking on the image above.
New York State on PAUSE is extended through 5/15. Non-essential workforce is directed to continue to work from home until at least 5/15.
Please note the following summary and resource of COVID-19 updates as of May 5th, 2020, released by the Office of Mayor Bill de Blasio.
Anti COVID-19 Stigma
Education
Food Resource
Small Business
Health + COVID-19 Testing
Benefits
Jobs
DACA
Others
Read more about the resources in English and Chinese here. Please contact Xiaomin Zhao at (646) 306-9287 or via email at xzhao@cityhall.nyc.gov if you have questions.
