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NAPABA Supports Introduction of the Korematsu-Takai Civil Liberties Protection Act by Senators Duckworth and Hirono

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For Immediate Release
Dec. 19, 2017

WASHINGTON — Yesterday, on the anniversary of the United States Supreme Court’s decision in the landmark case, Korematsu v. United States (1944), Senators Tammy Duckworth (D-Ill.) and Mazie Hirono (D-Hawaii) and Representative Mark Takano (D-Calif.) introduced the Korematsu-Takai Civil Liberties Protection Act of 2017. The legislation would make it clear that the discriminatory detentions endorsed in Korematsu are prohibited.

“The specter of the Korematsu decision haunts us to this day,” said National Asian Pacific American Bar Association (NAPABA) President Pankit J. Doshi. “With this bill, Congress has the chance to repudiate the Supreme Court’s ruling and prevent the country from repeating a dark chapter of our nation’s history. We thank Senators Duckworth and Hirono, and Representative Takano, for their leadership in trying to overturn this widely condemned decision. As leaders in the legal profession and in recognition of our history as Asian Pacific Americans, NAPABA fully supports the introduction and passage of this legislation.”

“We, as a nation, must never forget or repeat the horrors thousands of Japanese Americans experienced as prisoners within our own borders. We must also continue to do everything we can to ensure such a national travesty never happens again. I’m proud to introduce this bill with Senator Hirono in remembrance of my dear friend and former colleague Mark Takai to reinstate our commitment to protecting civil liberties and strengthen our resolve to ensure we never again repeat such shameful acts,”said Senator Duckworth.

“The internment of Japanese Americans was deeply wrong and set a precedent — that it should never happen again. However, the President and his administration continue to advance divisive policies and rhetoric that demonize the Muslim community and other minority communities. By repudiating this legal precedent that could allow a travesty like the internment to happen again, we are standing up for the civil rights of all communities, a worthy cause that I’m sure our friend Mark Takai would have joined us on,”said Senator Hirono.

“This legislation is an important acknowledgement of the injustice suffered by my grandparents, parents, and more than 115,000 others who were relocated and imprisoned based on nothing more than their heritage,” said Representative Mark Takano. “This stain on our history must serve as a warning of what happens when we allow fear and hate to overwhelm our basic respect for one another. I am proud to introduce this legislation in the House, and I could not think of a more appropriate way to honor the memory of Congressman Mark Takai, who was a good friend, a great public servant, and an even better person.”

Read the Korematsu-Takai Civil Liberties Protection Act of 2017.

The bill, named in honor of Fred Korematsu and Rep. Mark Takai, would amend the Non-Detention Act of 1971 to bar detentions or imprisonment based on protected characteristics, including race or religion. The Non-Detention Act sought to repeal the Emergency Detention Act of 1950, a law that continued the legacy of Executive Order 9066, which led to the incarceration of 120,000 individuals on the basis of their Japanese ancestry under the guise of “military necessity” and national security. The Supreme Court found the orders constitutional following challenges by Fred Korematsu, Gordon Hirabayashi, and Minoru Yasui.

NAPABA worked with the offices of Sens. Duckworth, Hirono, and Rep. Takano, the Korematsu family and coram nobis legal teams, and civil rights groups to draft the bill that honors the legacy of Fred Korematsu, recognizes the history of Japanese American incarceration, and seeks to overturn the impact of the Supreme Court’s holding in Korematsu v. United States.

NAPABA is proud to join leading groups in the Asian Pacific American community — the Korematsu Institute, Stop Repeating History, the Asian Pacific American Institute for Congressional Studies, the Japanese American Citizens League, and Asian Americans Advancing Justice – AAJC — as original endorsers of the bill.

For more information, the media may contact Brett Schuster, NAPABA communications manager, 202-775-9555, [email protected].  

The National Asian Pacific American Bar Association (NAPABA) is the national association of Asian Pacific American attorneys, judges, law professors, and law students. NAPABA represents the interests of almost 50,000 attorneys and over 80 national, state, and local Asian Pacific American bar associations. Its members include solo practitioners, large firm lawyers, corporate counsel, legal services and non-profit attorneys, and lawyers serving at all levels of government.

NAPABA continues to be a leader in addressing civil rights issues confronting Asian Pacific American communities. Through its national network of committees and affiliates, 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.

To learn more about NAPABA, visit www.napaba.org, like us on Facebook, and follow us on Twitter(@NAPABA).

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AABANY CONGRATULATES HONORABLE PHILLIP HOM ON HIS INDUCTION TO NEW YORK CIVIL COURT

FOR IMMEDIATE RELEASE

NEW YORK, NEW YORK – December 15, 2017.
The Asian American Bar Association of New York (AABANY) congratulates the
Honorable Phillip Hom on his induction to the Civil Court in Queens
County.

A native New
Yorker and alumnus of SUNY Binghamton, Judge
Hom began his legal career in 1997 as an Agency Attorney for the New York City
Human Resources Administration.  At that
time, he also worked on John Liu’s campaign for New York City Council.  After John Liu’s appointment as Council
Member in 2001, Judge Hom served as his Chief of Staff.  Judge Hom was appointed Assistant Director
and Legislative Counsel for the New York City Council in 2005, serving as
Council Member Liu’s main liaison to Community Boards 7 and 11 in Queens.  After John Liu’s appointment as New York City
Comptroller, Judge Hom served as Deputy General Counsel in the Comptroller’s
Office in 2011.

Judge Hom was
active in APA matters in college and law school, and has promoted prominent APA
elected officials during his career.  Judge
Hom was involved in the campaigns of Ellen Young, the first Asian American
woman elected to the New York State Assembly, and Ron Kim, who later became the
first Korean American elected to state-wide office in New York. As a judicial
delegate in Manhattan in the late 1990s and early 2000s, Judge Hom was instrumental
in then-Civil Court Judge Doris Ling-Cohan becoming a New York County Supreme
Court Justice.  In 2014 Judge Hom joined
Windels Marx Lane & Mittendorf, LLP as Special Counsel.

“AABANY is
proud to recognize Judge Hom as a longstanding advocate for the Asian Pacific American
community,” states AABANY President Dwight Yoo. “We were delighted to take part
in his induction ceremony and to have the honor of robing him after he was
sworn in by Presiding Justice Randall T. Eng. We commend Judge Hom for serving
the public interest and the community and wish him continued success in making
a positive impact as a judge in the Civil Court in Queens County.”

For more information, please contact Yang
Chen, AABANY Executive Director, at (212) 332-2478, or direct any inquiries to [email protected].

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).

Additional information about AABANY is available at www.aabany.orgFollow our blog at www.blog.aabany.org.  Follow us on Twitter at www.twitter.com/aabany.  Find us on Facebook at www.facebook.com/aabany

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Interpreting Justice: Progress and Challenges on Language Access, An Asian Pacific American Perspective 2017

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For Immediate Release

Dec. 14, 2017

Download a copy of “Interpreting Injustice.”

WASHINGTON — At a briefing on Capitol Hill, the National Asian Pacific American Bar Association (NAPABA) released “Interpreting Justice: Progress and Challenges in Language Access,” a report on language access for Asian Pacific Americans with limited English proficiency (LEP).

“Interpreting Justice” provides recommendations on policies, strategies, and best practices for legal, government, and community stakeholders to further diminish barriers to language access services for Asian Pacific Americans. “Interpreting Justice” finds that while overall progress has been made in the past 10 years, LEP individuals continue to struggle with limitations on languages interpreted, costs of interpretation, inconsistent interpreter quality, insufficient language assistance inside and outside of the courtroom, and a lack of translated written materials.

“This important report demonstrates the progress federal and state courts and agencies have made in the past decade, but underscores the continued need to improve language access services for the Asian Pacific American communities all over the country,” said NAPABA President Pankit J. Doshi. “NAPABA’s language access report, ‘Interpreting Justice,’ provides an updated picture on how the federal and state courts and agencies accommodate for the fastest growing population in the United States, Asian Pacific Americans.”

The diverse array of languages and dialects, particularly among Asian and Pacific Islander Americans, presents great challenges to ensure quality interpretation in both federal and state courts.“Interpreting Justice” recommends improving rules and standards for the use of interpreters, creating and providing translations of vital documents, and prioritizing appropriate training and compensation to maintain a pool of highly qualified interpreters.

Access for people with limited English proficiency in state courts progressed in the last decade, but access still varies greatly by state.  More state courts and agencies have adopted language access plans or require certified interpreters, but states remain inconsistent with compliance with language access requirements. Much of the progress state and local agencies achieved for LEP individuals was the result of collaboration with advocates and community stakeholders.

NAPABA’s report also recognizes funding for language access as one of the largest barriers for LEP individuals and programs designed for LEP individuals. Federal budget cuts and the lack of awareness of language services for the LEP community creates a required increased emphasis on pursuing other forms or channels of funding, often stretching organizational capacity. NAPABA’s report recommends a number of feasible measures to counteract the underfunding.

“Interpreting Justice” builds on the work NAPABA started in 2007 with its groundbreaking report, “The State of Language Access for Asian Pacific Americans,” a culmination of NAPABA’s longstanding commitment to advance equal access to justice for Asian Pacific Americans with limited English proficiency (LEP) and widely used in creating new national standards on language access in the courts.

To access the full report, click here.

The report is a project of the NAPABA Research Institute led by the NAPABA Pro Bono and Community Service Committee. The report was released during a Congressional briefing in collaboration with the Congressional Asian Pacific American Caucus, featuring remarks delivered by Congresswoman Grace Meng (N.Y.–6), held in conjunction with the NAPABA Convention in Washington, D.C.

For more information, the media may contact Brett Schuster, NAPABA communications manager, 202-775-9555, [email protected]. Questions about the 2017 report may be sent to Oriene Shin at 202-775-9555, or at [email protected].

The National Asian Pacific American Bar Association (NAPABA) is the national association of Asian Pacific American attorneys, judges, law professors, and law students. NAPABA represents the interests of almost 50,000 attorneys and over 80 national, state, and local Asian Pacific American bar associations. Its members include solo practitioners, large firm lawyers, corporate counsel, legal services and non-profit attorneys, and lawyers serving at all levels of government.

NAPABA continues to be a leader in addressing civil rights issues confronting Asian Pacific American communities. Through its national network of committees and affiliates, 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.

To learn more about NAPABA, visit www.napaba.org, like us on Facebook, and follow us on Twitter(@NAPABA).

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