NAPABA and AALDEF Applaud Supreme Court Decision to Block Census Citizenship Question

On June 27, 2019, the U.S. Supreme Court affirmed the Southern District of New York ’s decision to block the addition of the citizenship question to the 2020 Census in Department of Commerce v. New York (18-966) and remanded the case for further proceedings. The Court agreed that Commerce Secretary Wilbur Ross and the Department of Commerce’s rationale for adding a citizenship question to the census was pretextual stating, “the evidence tells a story that does not match the explanation the Secretary gave for his decision.”

Based on the totality of the evidence, the Court’s decision affirms the lower court’s finding of pretext on the part of the Secretary of Commerce. Agencies must “offer genuine justifications for important decisions.” The Commerce Department’s “sole stated” rationale for including the citizenship question—better Voting Rights Act (VRA) enforcement—is “incongruent with what the record reveals.” Overwhelming evidence about the timeline of the Secretary’s decision to add the citizenship question “reveal[s] a significant mismatch between the decision the Secretary made and the rationale he provided.” Accordingly, although the Court recognized the Secretary’s right to add a citizenship question under the Census Act and Constitution, the reasoning provided is not consistent with the review required by administrative law.

The National Asian Pacific American Bar Association (NAPABA) and the Asian American Legal Defense and Education Fund (AALDEF) both support the decision of the Court in blocking the Department of Commerce from adding their untested citizenship question. In addition to the evidence of intentional discrimination, NAPABA and AALDEF both hope the lower courts will engage in a careful and deliberate reconsideration of the full record, including the newly discovered evidence.

NAPABA President Daniel Sakaguchi said: “We are pleased that the Court ultimately rejected the Department of Commerce’s argument to include the citizenship question as pretextual and ‘contrived.’ Permitting the question to be added would have resulted in a significant undercount of immigrants and communities of color, leading to discriminatory cutbacks in resources and underrepresentation in Congress, in state houses, and in local government. The courts should continue to discredit the post-hoc reasoning of the Administration in its attempts to stop a fair and accurate count. It is incumbent on community leaders and attorneys to ensure that everyone is counted as part of 2020 Census.”

AALDEF Executive Director Margaret Fung said: “We are glad that the Supreme Court agreed with what AALDEF and NAPABA asserted in our joint amicus brief opposing the census citizenship question: that ‘the VRA enforcement rationale—the sole stated reason—seems to have been contrived.’ The government never intended to better enforce the VRA, as reflected in the fact that this administration has not brought any VRA enforcement actions. Asian Americans are the fastest growing racial group in this country and the largest segment of new immigrants. We will continue the fight to ensure that everyone in our country is properly counted in the 2020 Census and that our community receives its fair share of resources and representation.”

NAPABA and AALDEF led sixty-four Asian American and Pacific Islander organizations in filing an amicus brief outlining the negative impacts the addition of the citizenship question would have on the AAPI community, due to the resulting undercount.

NAPABA and AALDEF are grateful to lead pro bono counsel Albert Giang, 2018 Recipient of the NAPABA Pro Bono Award, NAPABA Amicus Committee Co-Chair, and Partner at Boies Schiller Flexner LLP (BSF) in Los Angeles; Miguel A. Gradilla and Ziwei Hu of BSF; NAPABA Amicus Committee Co-Chair, Radha Pathak of Stris & Maher LLP; Meredith Higashi of the NAPABA Civil Rights Committee; Jerry Vattamala and Patricia Yan of AALDEF; and Navdeep Singh and the NAPABA staff for their joint efforts in this case.

A copy of the decision can be found here.

June Membership Mixer Co-Sponsored by the Young Lawyers Committee

On Friday, June 28, 2019, AABANY’s Membership Committee and Young Lawyers Committee hosted a summer mixer with members, colleagues, and friends at Atwood in Midtown East.

Even with the whole mezzanine area to ourselves, we had no trouble packing out the spacious venue with over sixty young lawyers and law students who were eager to unwind from a long week, reconnect with old faces, and build new relationships. Members and non-members alike mingled over delicious platters of philly cheese egg rolls, chicken wings, fries, and grilled vegetables, all the while taking advantage of beer specials provided by the friendly staff at Atwood. Young lawyers shared their experiences with law firm and judicial interns who were eager to know what life after law school would be like. And colleagues caught up with one another regarding the work that they were doing in their respective fields, whether it be in-house, big law, smaller law firms, or working in government.

A special shout out to the crack team of Darley Maw, Cynthia Lam, and Ada Wang, co-chairs of the Young Lawyers Committee, who helped make this mixer a success. If you missed out on this great event, make sure to attend the next Membership Mixer on Thursday, July 18. 

The next Membership Mixer will take place on July 18. It will be co-sponsored by the Government Service and Public Interest Committee and the Prosecutors’ Committee. For more information, please click here.

Congratulations to Will Ng on Being Honored by the American Bar Association

AABANY is proud to announce that William H. Ng, Shareholder at Littler Mendelson P.C. , has been recognized as a Top 40 Young Lawyer by the American Bar Association (ABA) Young Lawyers Division. To read the full press release on the Littler website, please go here: https://www.littler.com/publication-press/press/aba-young-lawyers-division-names-littlers-william-h-ng-among-2019-top-40

The ABA On The Rise Award program provides national recognition for young lawyer members who exemplify a broad range of high achievement, innovation, vision, leadership, and legal and community service. To read more about the 2019 ABA Honorees, go here: https://www.americanbar.org/groups/young_lawyers/awards_scholarships/on_the_rise/2019-honorees/

NYC Family Justice Center, Manhattan (MFJC): Core Trainings, July 2019

The NYC Family Justice Center, Manhattan is excited to announce their next round of CORE II trainings. The NYC MFJC CORE II training series is a learning opportunity for service providers, community leaders, and city agency staff who are working with populations directly or indirectly affected by intimate partner violence, sex trafficking, and/or elder abuse. 

All CORE trainings listed below are free and will take place at the Manhattan FJC, 80 Centre Street, 5th Floor Training Room, Manhattan, 10013. Please click here to register. 

Once a training disappears from the link above, it has reached it maximum number of participants that the NYC MFJC can accommodate in its training room. 

Contact Indhira Castro directly at indhirac@fjcnyc.org if you have any issues registering.

Criminal Justice Response to Intimate Partner Violence Survivors
Monday, July 8th 2019
10:00 – 12:30 PM
Facilitated by: New York County District Attorney’s Office and NYPD

Suicide Assessment
Monday July 15th , 2019
10:00-12:00 PM
Facilitated by: Health + Hospitals

Housing Options for Intimate Partner Violence Survivors
Tuesday July 16th 2019
11:00-1:00 PM
Facilitated by: New Destiny

Shelter Options for Intimate Partner Violence Survivors
Tuesday July 16th 2019
2:00-4:30 PM
Facilitated by: Safe Horizon

Introduction Family & Matrimonial Law
Wednesday July 24th 2019
10:00-1:00 PM
Facilitated by Legal Aid Society

Immigration Law for Intimate Partner Violence Survivors
Thursday July 25th 2019
10:00 – 1:00 PM
Facilitated by: NLAG &NMIC

Economic Empowerment
Tuesday July 30th 2019
2:00-4:30 PM
Facilitated by: Mayor’s Office to End Domestic and Gender-Based Violence

AABANY Members and Friends Cheer on the Mets at Citi Field

On Friday, June 14, 2019, AABANY’s Membership and Bankruptcy Committees co-sponsored a Mets Game outing with members, friends, and family at Citi Field.

We took up two rows of seats in the upper decks, with an expansive view of the stadium from left field. It was a beautiful (but slightly chilly and windy) late spring night for a game. The Mets played the Cleveland Indians, and we all got free t-shirts, but no one was sure whose face was on it. Our crowd included both fans and non-fans, and some very young future fans.

Thanks to everyone who came out to the ball game. The Membership Committee has already lined up an outing at Yankee Stadium in August, and we hope to see you there. Stay tuned for details.

PRESS RELEASE: THE ASIAN AMERICAN BAR ASSOCIATION OF NEW YORK, THE KOREAN AMERICAN LAWYERS ASSOCIATION OF GREATER NEW YORK, THE SOUTH ASIAN BAR ASSOCIATION OF NEW YORK AND THE FILIPINO AMERICAN LAWYERS ASSOCIATION OF NEW YORK URGE INCLUSION OF ALL VOICES IN SPECIALIZED HIGH SCHOOLS LEGISLATION

NEW YORK, June 19, 2019 – The Asian American Bar Association of New York (“AABANY”), the Korean American Lawyers Association of Greater New York (“KALAGNY”), the South Asian Bar Association of New York (SABANY) and the Filipino American Lawyers Association of New York (“FALA New York”) condemn the process by which New York City Mayor Bill de Blasio formulated his plan to reform admissions to the city’s specialized high schools because he has shut out Asian American leaders and organizations from any meaningful participation.  We believe that any legislation with such wide-ranging impact on all communities should not be permitted to move forward when the process by which it has been advanced to the legislature has been marked by excluding the voices of the Asian American community.

In June 2018, Mayor de Blasio announced his support for New York State Assembly Bill A2173 which calls for eliminating the Specialized High School Admissions Test (SHSAT), to be replaced by a new selection process.  He did so without seeking any input from the Asian American community or any of the New York Asian American elected officials at the Federal, State, or local levels. We are deeply concerned, because we believe this exclusionary process illustrates how the current debate has largely ignored and dismissed the reality that Asian Americans also face racial discrimination.

Asian Americans currently make up more than 60% of enrollment in the specialized high schools.  Pronouncing that the specialized high schools had a “diversity” problem,” Mayor de Blasio’s rhetoric problematically casts the Asian American populations in these schools as a problem that needs to be fixed and ignores the incredible diversity that exists at the schools.  

In March 2019, the Mayor recognized that his rollout was flawed and that he “wish[es] he had done it better,” promising to meet with Asian American community leaders.  That meeting finally took place three months later, on June 13, with less than a week left in the State legislative session. Even though the Mayor finally apologized to the Asian American community at that meeting, Assembly Bill A2173 continues to move forward in Albany.

We recognize that the proposed elimination of the SHSAT is a divisive issue, even within the Asian American community.  AABANY proudly led public discussions on this issue, hosting a community forum in Flushing in 2014, another forum in Manhattan in 2015 and a documentary film screening about the SHSAT called “Tested” in 2015. AABANY used these opportunities to engage speakers on opposing sides of the debate in an effort to educate the public on the differing viewpoints, including those within the Asian American communities, on SHSAT reforms.   

The Asian American community is not monolithic.  We celebrate both the diversity within the Asian American community and the diversity Asian Americans bring to American society.  We fully support improving access to quality education for all. We are invested in true diversity, one that does not envision a small pie that must be divided among competing groups.  We support building more specialized high schools and the revival of gifted and talented programs in every elementary and middle school. We support city funded SHSAT test prep for any student that wants to take it.

Given the flawed process that produced the Mayor’s plan, we oppose New York State Assembly Bill A2173.  We call upon the Mayor to withdraw his current plan and provide Asian Americans a seat at the table to develop a new plan for the specialized high schools that benefits from having all stakeholders heard and represented in developing legislation on the vital issue of a fair, equitable and diverse public education system for all.

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The Asian American Bar Association of New York is a professional membership organization of attorneys concerned with issues affecting the Asian Pacific American community. Incorporated in 1989, AABANY seeks not only to encourage the professional growth of its members but also to advocate for the Asian Pacific American community as a whole. AABANY is a New York regional affiliate of the National Asian Pacific American Bar Association (NAPABA).

The Korean American Lawyers Association of Greater New York (KALAGNY) is a professional membership organization of attorneys and law students engaged with the issues affecting the Korean American community in Greater New York.  Incorporated in 1986, KALAGNY seeks to encourage the professional growth of its members as well as provide legal support for the Korean American community.

Founded in 1996, the South Asian Bar Association of New York (SABANY) is an organization of South Asian attorneys practicing in the New York City metropolitan region. The mission of the SABANY is to enhance the professional development of the South Asian legal community and act as a resource to the South Asian community at large by increasing access to justice, upholding the rule of law and improving our justice system.

FALA New York was formally organized in 2015 in New York as a not-for-profit corporation to represent the interests of New York Filipino American attorneys, judges, law professors, legal professionals, legal assistants or paralegals and law students. The mission of FALA New York is to promote the vibrant Filipino American legal community in New York by connecting Filipino American attorneys in order to share our experiences and expertise and to explore issues, cases and laws that affect the Filipino American community.

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Early Bird Registration for NAPABA Convention 2019 Now Open

Registration for the 2019 NAPABA Convention is now open! Join NAPABA in Austin, TX, Nov. 7-10, as NAPABA celebrates its 31st anniversary. Register before Aug. 25 to take advantage of NAPABA’s early bird rates. Make sure your NAPABA membership is current for even more savings!

Book Your Hotel

NAPABA offers a room block at the JW Marriott Austin! Take advantage of the $269/night discounted room rate.

Apply for a Scholarship

NAPABA offers scholarships to defray the cost of Convention. Learn more about NAPABA’s scholarships and apply today!

To register and learn more about the NAPABA Convention, please click here. To renew your membership or become a member, please click here.

IP Committee Summer Mixer

On Thursday, June 13, 2019, AABANY’s Intellectual Property Committee hosted a Summer Mixer at Gu Japanese Fusion Sushi & Bar on East 52nd Street.

IP lawyers, law students, AABANY members, and non-members gathered together to share appetizers of agedashi tofu, karaage, and shrimp tempura at the back of the busy izakaya. The special rolls included ones amusingly named Spicy Girl, Dinosaur, and Dancing Eel—alongside the usual American staple of the California roll.  

Under the restaurant’s blue light, beads of ikura gleamed as members whose practices focus on different areas of IP exchanged lively stories about their work. One attendee shared a little on his background as an electrical engineer prior to entering the legal field. Another remarked that it was her first AABANY event—she wanted to know more about the organization’s work. Wooden trays of special rolls were fluidly passed up and down the table as members enjoyed the meal and company.

Among the varied topics discussed were the Avengers: Endgame’s conclusion, Huawei, Midtown’s Jollibee location, as well as deeper discussions about diversity, identity, and community. Ideas for future events were discussed—potentially including paintballing—and the Intellectual Property Committee is looking forward to hosting them over the next few months. Stay tuned for more!

Thank you to the IP Committee Co-Chairs Jeff Mok, Ben Hsing, and Greg Pan for organizing June’s IP Summer Mixer! To learn more about the IP Committee and how you can get involved, visit the Committee’s webpage here.

Congratulations to Brian Song on Being Honored by the Network of Bar Leaders

On Wednesday, June 12, the Network of Bar Leaders held its Presidents’ Dinner, a gathering to honor the Presidents of the Network of Bar Leaders’ member bar associations. The dinner was held at the Golden Unicorn in Chinatown, and AABANY was proud to be a Gold Sponsor at the event.

The program kicked off with opening remarks from New York State Attorney General Letitia James. Then, Hon. George B. Daniels, United States District Judge for the Southern District of New York, was honored, followed by his presentation of a keynote speech. As a multi-course banquet was served, some thirty-five Presidents from the Network of Bar Leaders’ member associations lined up to be presented with the President’s Awards by Hon. Jeffrey K. Oing, Justice of the Supreme Court, Appellate Division, First Department.

AABANY congratulates its President Brian Song and all the Network of Bar Leaders’ member association Presidents who were honored and recognized at the Presidents’ Dinner. Many AABANY Board Officers and Directors and Committee Chairs were in attendance to celebrate with Brian Song and other bar association Presidents and leaders in attendance.

Photo courtesy of Network of Bar Leaders

We also congratulate Network of Bar Leaders President Bridgette Ahn on this highly successful event. To learn more about the Network of Bar Leaders, visit https://www.networkofbarleaders.org/ . For more photos from the event, see the Network of Bar Leaders’ album at https://photos.app.goo.gl/xyoR66SUX78UEDTL9

Thank You to our June Pro Bono Clinic Volunteers!

June’s Monthly Pro Bono Clinic, held on Wednesday, June 12 at 33 Bowery Street in Confucius Plaza, brought out 12 lawyers and 11 interpreters who volunteered their time to help 34 clients.

We are asking every member to actively support AABANY’s Monthly Pro Bono Clinic by making donations that are vital to its continuing operation. In a few short years, with the tireless and generous assistance of our volunteers, we have helped hundreds of low-income clients with free legal advice and referrals to high-quality, culturally sensitive, and linguistically competent legal services. Together we have helped expand access to justice for underserved Asian American New Yorkers.

If you know family members, friends, or businesses, such as your firm, who would like to support the Clinic, please help us connect with them by contacting Karen Yau at karen.yau@aabany.org.

Or please urge them to make a donation directly. They can visit the website of Asian American Law Fund of New York (AALFNY), AABANY’s 501(c)(3) affiliate: https://www.asianamericanlawfund.org/donate/

AALFNY is accepting charitable donations on the Clinic’s behalf and can issue any donor a tax receipt. Any contribution, large or small, would help. Please be sure to indicate in the memo field that the donation is intended for the Pro Bono Clinic.

Thank you to all of the June Pro Bono Clinic Volunteers!

Lawyers:

Gaye L. Chun

Peter Bartlett Wu

Eun Hye (Grace) Lee

Yan Sin

Kelly Diep

Alex Tran

Miae Woo

Soichiro Ishita

Annie Tsao

Satoshi Kurita

Mayumi Cindy Iijima

Francis Chin

Interpreters:

Yuchen (Fiona) Zheng

Alva Lin

Ming Li

Tianlin Liu

Teresa Wai Yee Yeung

Fiona Zhang

Limeng (Charles) Tan

Justina Chen

Xiaoshi Zhang

Angela Cheung

Kenny Moy

Special thanks to Coordinator Johnny Thach, Vice Chair Kwok Kei Ng, and Vice Chair Zhixian Liu for coordinating the clinic, and the Pro Bono and Community Service Committee Co-Chairs Pauline Yeung-Ha, Ming Chu Lee, Karen Kithan Yau, Asako Aiba, and Judy Lee for their leadership.

AABANY’s Monthly Pro Bono Clinic occurs every second Wednesday from 6:30 to 8:30 PM. The next clinic will take place on July 10, 2019. If you are interested in volunteering at future Pro Bono Clinics, please contact Asako Aiba at asako.aiba@aabany.org.