NAPABA Statement on President Biden’s Signing of the COVID-19 Hate Crimes Act

For Immediate Release:
Date: May 20, 2021

Contact: Priya Purandare, Executive Director

WASHINGTON 
– Today, President Biden signed into the law the COVID-19 Hate Crimes Act introduced by Senator Mazie Hirono (D-HI) and Representative Grace Meng (D-NY) in the House. This legislation requires that the U.S. Department of Justice designate a point person whose sole responsibility is to facilitate the expedited review of hate crimes during the COVID-19 pandemic and to expand public education campaigns aimed at raising awareness of hate crimes.  The Justice Department shall also issue guidance on greater accessibility for online hate crimes reporting for victims in multiple languages and for those with disabilities.  The law also incorporates the Jabara-Heyer No HATE ACT Act which increases resources for training on identifying and classifying hate crimes.

“NAPABA thanks President Biden for signing into law the COVID-19 Hate Crimes Act, which answers the call for greater resources to improve education, training, reporting, and data collection on hate crimes in this country,” said NAPABA President A.B. Cruz III.  “This law is a strong step forward to stem the ongoing tide of anti-Asian hate, bias and violence.” 

The legislation also authorizes grants for states to create state-run hate crimes reporting hotlines and crime reduction programs to prevent, address, or respond to hate crimes. Finally, for individuals convicted of federal hate crime offenses and placed on supervised release, the bill allows a court to order that the individual participate in educational classes or community service directly related to the community harmed by the defendant’s offense, as a condition of supervised release.

In response to the surge in attacks against Asian Americans in the wake of the pandemic, NAPABA in partnership with the Asian & Pacific Islander American Health Forum (APIAHF) have produced a hate crimes reporting toolkit – translated into 25 languages and English – the single largest collection of such different AAPI-language materials assembled, that provides basic and critical information for victims, community based organizations, and community leaders. 

The COVID-19 Hate Crimes Bill was introduced by Senator Mazie Hirono (D-HI) in the Senate, and Representative Grace Meng (D-NY) in the House.  The Jabara-Heyer NO HATE Act was introduced by U.S. Senators Richard Blumenthal (D-CT) and Jerry Moran (R-KS) and U.S. Representatives Don Beyer (D-VA), Fred Upton (R-MI), Judy Chu (D-CA), and Vern Buchanan (R-FL).  NAPABA thanks them for their leadership.

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The National Asian Pacific American Bar Association (NAPABA) in the largest Asian Pacific American membership organization representing the interests of approximately 50,000 legal professionals and nearly 90 national, state, and local Asian Pacific American bar associations. NAPABA is a leader in addressing civil rights issues confronting Asian Pacific American 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 color in the legal profession.

NAPABA Statement On House Passage of the COVID-19 Hate Crimes Act

For Immediate Release:
Date: May 18, 2021

Contact: Priya Purandare, Executive Director

WASHINGTON – Today, the House of Representatives, in an overwhelmingly 364-62 bipartisan vote, passed the Senate-approved version of the COVID-19 Hate Crimes Act introduced by Senator Mazie Hirono (D-HI) and Representative Grace Meng (D-NY) in the House. This legislation requires that the U.S. Department of Justice designate a point person whose sole responsibility is to facilitate the expedited review of hate crimes during the COVID-19 pandemic and incorporates the Jabara-Heyer No HATE ACT Act which increases resources for hate crimes reporting and assistance for victims of hate crimes.

“NAPABA applauds the House for swiftly passing the COVID-19 Hate Crimes Act, which is now headed to the President’s desk for signature,” said NAPABA President A.B. Cruz III.  “Importantly, this law will require the Departments of Justice and Health and Human Services to issue guidance aimed at raising awareness of hate crimes during the COVID-19 pandemic. Asian American communities have, unfortunately, been suffering at the intersection of these twin outbreaks for far too long now.”

The legislation also requires the Department of Justice to issue guidance on establishing online hate crimes and hate incident reporting in multiple languages, authorizes grants for states to create state-run hate crimes reporting hotlines and crime reduction programs to prevent, address, or respond to hate crimes. Finally, for individuals convicted of federal hate crime offenses and placed on supervised release, the bill allows a court to order that the individual participate in educational classes or community service directly related to the community harmed by the defendant’s offense, as a condition of supervised release.

In response to the surge in attacks against Asian Americans in the wake of the pandemic, NAPABA in partnership with the Asian & Pacific Islander American Health Forum (APIAHF) have produced a hate crimes reporting toolkit – translated into 25 languages and English – the single largest collection of such different AAPI-language materials assembled, that provides basic and critical information for victims, community based organizations, and community leaders.

The COVID-19 Hate Crimes Bill was introduced by Senator Mazie Hirono (D-HI) in the Senate, and Representative Grace Meng (D-NY) in the House.  The Jabara-Heyer NO HATE Act was introduced by U.S. Senators Richard Blumenthal (D-CT) and Jerry Moran (R-KS) and U.S. Representatives Don Beyer (D-VA), Fred Upton (R-MI), Judy Chu (D-CA), and Vern Buchanan (R-FL).  NAPABA thanks them for their leadership.

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The National Asian Pacific American Bar Association (NAPABA) in the largest Asian Pacific American membership organization representing the interests of approximately 50,000 legal professionals and nearly 90 national, state, and local Asian Pacific American bar associations. NAPABA is a leader in addressing civil rights issues confronting Asian Pacific American 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 color in the legal profession.

NAPABA | 1612 K St. NW, Suite 510 | Washington, DC 20006 | www.napaba.org

Pro Bono Committee Vice Chair Olympia Moy’s Wedding Story Featured in The New York Times

AABANY Pro Bono and Community Service Committee Vice Chair Olympia Moy and her partner Elizabeth Ingriselli’s wedding story was featured in an April 9, 2021 article in The New York Times titled “They Didn’t Need a Dating App After All.” 

Their story began in 2016 when Olympia came across Elizabeth’s profile on the dating app Coffee Meets Bagel and became intrigued by their similar interests. Both of them had graduated from Princeton and both were interested in pursuing a career in law. Weeks later, after Olympia received no response to the “like” she left on Elizabeth’s profile, they both happened to attend the same Pride Month mixer in Manhattan. Instead of avoiding Elizabeth, Olympia struck a conversation with her and learned that Elizabeth had not rejected her on the dating app, but rather had not seen the “like.” They quickly became friends and after a few months of meeting, they went on their first date. On March 7, 2021, Olympia and Elizabeth held a small wedding ceremony at an outdoor dining structure in Chinatown within the Covid-19 guidelines. They plan to hold a second, larger celebration at the Princeton University Chapel next year. 

Please join AABANY in congratulating Olympia and Elizabeth on their marriage! To read their full wedding story, please click here.

Board Member Margaret Ling Featured in Asian Columbia Alumni Association’s May 2021 Newsletter

In honor of Asian American and Pacific Islander Heritage Month, the Asian Columbia Alumni Association (ACAA) is featuring prominent Asian alums and honoring their contributions to Asian and Pacific Islander communities in North America. In the May 2021 Newsletter, ACAA featured AABANY Board Member and Real Estate Committee Co-Chair Margaret Ling (Barnard College ’78) for her actions in speaking up against anti-Asian hate crimes and educating others to respect the AAPI community. In the feature, Margaret is quoted:

“Since 2020, Asian American Pacific Islanders (AAPI) have been intensely affected by the COVID 19 pandemic, the killing of George Floyd and the Black Lives Matter movement, and recently the Atlanta, Georgia killings. Throughout this time, the AAPI community has been faced with racism, xenophobia and anti-Asian hate crimes and violence. As an AAPI attorney and Fourth Generation American Born Chinese, I have been active in speaking up and speaking out with other Asian and ally organizations to educate others to respect the AAPI community and afford all of us equity, fairness and just treatment under the law. We are all Americans and are rooted in our immigrant and cultural heritages which make us stronger together.”

Please join AABANY in congratulating Margaret on her recognition by the Asian Columbia Alumni Association for her work in supporting the AAPI community!

AABANY Publishes Know Your Rights Brochure to Assist AAPI Community Members Experiencing Bias Incidents

To assist the Asian American and Pacific Islander (AAPI) community in New York City amid the surge of anti-Asian hate and violence, AABANY has created a Know Your Rights brochure to inform and educate AAPIs on their legal rights if they experience a bias incident or potential hate crime.

The brochure provides a background of the U.S. legal system, defining a hate crime according to the New York State hate crime statute and differentiates between a hate crime and a bias incident. It encourages individuals who have experienced an incident to focus on the facts and ask themselves: “Do I have evidence that an attack was motivated by a belief or perception about an individual’s race, color, national origin, ancestry, or gender?” The brochure also provides tips on what to do when individuals are experiencing a bias incident. This includes turning on sound or video recording; taking note of the attacker’s physical appearance and clothes; and collecting bystander witness contact information. The brochure then outlines the steps of what to do after experiencing a bias incident, such as pursuing action through the criminal justice system, a civil lawsuit, or non-legal option.

AABANY is available as a resource to the AAPI community. The bar association offers interpretation and translation services, provides information or referral services for individuals interested in pursuing a civil lawsuit, and can serve as a guide for individuals interested in exploring the criminal justice process and other forms of assistance.

To view the Know Your Rights Brochure, please see the links below:

English: https://cdn.ymaws.com/www.aabany.org/resource/resmgr/2021aav/KnowYourRights_Online_0513.pdf

Chinese (simplified): https://cdn.ymaws.com/www.aabany.org/resource/resmgr/2021aav/KnowYourRights_Online_Simpli.pdf

Chinese (traditional): https://cdn.ymaws.com/www.aabany.org/resource/resmgr/2021aav/KnowYourRights_Online_TradCh.pdf

Translations into other Asian languages are currently in process and will be uploaded soon. Please be on the lookout for that announcement.

If you have any questions about these Know Your Rights brochures, please feel free to contact AABANY at main@aabany.org 

Please feel free to share this post and the links to the PDF brochures widely. Please also print out and distribute hard copies to anyone who you think might benefit from receiving this information.

“When There Are Nine” Scholarship Program Offers Opportunities to Women in Law School

In conjunction with the Federal Bar Foundation and several other law firms, 33 women in the legal profession have created a scholarship program in honor of the late United States Supreme Court Justice Ruth Bader Ginsburg. The program is titled “When There Are Nine” (WTA9), as it was Justice Ginsburg’s answer to the question of when there would be “enough” women serving on the Supreme Court. As the upper echelons of the legal profession are dominated by men, the WTA9 Scholarship program was founded to provide a network of support to young women aspiring to become lawyers. The WTA9 Scholarship will grant each recipient $10,000 as well as mentorship through and beyond law school. Applicants must demonstrate financial need and a dedication to academic achievement. Any women graduating from law school between 2022 and 2025 are eligible to apply no later than June 15, 2021. To learn more about the WTA9 Scholarship, click here.

In the News: Board Director Chris Kwok Interviewed by ABC News (Australian Broadcasting Corporation)

AABANY’s report on anti-Asian violence was recently mentioned in a May 6, 2021 ABC News article titled “Asian Americans take a stand as the US faces a new racial reckoning.” The article highlighted the report’s finding of the eight-fold increase in the number of anti-Asian hate incidents that were reported to the NYPD in 2020 compared to the previous year. Co-Executive Editor of the report and AABANY Board Director Chris Kwok was interviewed on the underreporting of anti-Asian hate incidents and the increase of anti-Asian hate and violence during the pandemic. Chris discussed the long-standing anti-Asian sentiments in America which date back to laws in the 19th and early 20th centuries controlling the rights of Chinese workers. He stated: “The pandemic unleashed, I think, a growing fear of China going back to [Barack] Obama’s second term…Then if you take the thread back longer in the West, in America, there’s always been a fear of Chinese in America.” Chris also mentioned how former President Donald Trump’s reference to COVID-19 as the “China virus” and “Kung Flu” fueled anti-Asian sentiment during the pandemic, providing perpetrators “the ultimate authorisation to behave to the worst impulses that you had.” 

To read the full article, click here.

Please also take a look at previous blog posts from February 19March 1March 8March 15March 29, and May 10 highlighting news stories about our report. If you have come across a news report or article about our report that is not listed above, please let us know at main@aabany.org.

More public awareness about our report and the rise in anti-Asian violence is needed. Please share our report widely. If you have ideas or thoughts about how we can combat anti-Asian violence, please share them with us at main@aabany.org.

NAPABA Hosts Part 2 of its Summer Judicial Series, “APA Judges on the Federal Bench”

On May 7, AABANY co-sponsored a panel of Asian Pacific American judges as part two of NAPABA’s Summer Judicial Series. The event was hosted by the Georgia Asian Pacific American Bar Association (GAPABA) and the National Asian Pacific American Bar Association (NAPABA). In addition to AABANY, the event was co-sponsored by the Asian Pacific American Bar Association of the Greater Washington, D.C. Area (APABA-DC), the Asian Pacific American Bar Association Educational Fund (AEF), the National Asian Pacific American Law Student Association (NAPALSA), the South Asian Bar Association of North America (SABA), and the South Asian Bar Association of Georgia (SABA-GA).

In honor of Asian Pacific Islander Heritage Month as well as to encourage the growing number of young Asian American lawyers aspiring to the bench, GAPABA and NAPABA organized the panel to share the stories and careers of trailblazing APA judges. The panelists were AABANY member Hon. Denny Chin, of the U.S. Court of Appeals for the Second Circuit, Hon. James C. Ho of the U.S. Court of Appeals for the Fifth Circuit, Hon. Sri Srinivasan, Chief Judge of the U.S. Court of Appeals District of Columbia Circuit, Hon. Jennifer Choe-Groves of the U.S. Court of International Trade, Hon. Theodore D. Chuang, of the U.S. District Court for the District of Maryland, and Hon. Lucy H. Koh, of the U.S. District Court for the Northern District of California.

The panel was moderated by GAPABA Board Member Michael C. Wu and Byung Jin (BJay) Pak, Partner at Alston & Bird. GAPABA President and Of Counsel at Bryan Cave Leighton Paisner Angela Hsu, GAPABA President-Elect and Associate General Counsel at Delta Air Lines Timothy Wang, and GAPABA Communications Co-Chair and Law Clerk for the U.S. District Court for the Western District of Texas Prathyusha Chenji were also in attendance.

Michael and BJay posed several questions to the panelists regarding their backgrounds and experience on the bench. All of the panelists expressed how their upbringing in the U.S. made them keenly aware of their “otherness” and in some cases, motivated them towards public service. Judge Chin (a former AABANY President, 1992-93) shared his background as an immigrant from Hong Kong and his experience growing up in New York City. Judge Chin also noted that, as one of the few Asians in his school and at his work, he was constantly under scrutiny and pressure to perform well. “I felt like Yao Ming,” he stated. Several panelists also reported that they still faced microaggressions in their professional lives, despite their position as judges.

When asked about their career paths and perspectives on diversity on the bench, all of the panelists described varied experiences in private practice, the legislative branch, and executive branch of the government before becoming a federal judge. Many of the panelists also expressed how diversity in the federal government could only lead to better and more informed decisions on behalf of the American people. Many of the panelists also shared their own stories about how they were inspired and encouraged by seeing diverse individuals serving in government and in public positions. All of the judges expressed how the justice system in America ought to be color blind and that all individuals should have the right to a fair trial regardless of their background. Judge Chin also discussed the importance of community and unity despite having diverse perspectives. When asked to respond to Supreme Court Justices Neil M. Gorsuch and Sonia Sotomayor’s discussion on the threat of disunity to national security, Judge Chin concurred, pointing out how even after President Biden’s election, Americans have yet to listen to each other without politicizing every single issue.

The moderators then closed the panel with several questions about advice any of the judges might have for young attorneys, law clerks, and others aspiring to become judges themselves. The panelists expressed how being a judge begins with being a good attorney. All of the judges emphasized the importance of relationships and teamwork, of maintaining a good reputation, and of being respectful and professional to all.

AABANY thanks NAPABA for hosting this series and also thanks the justices for their trailblazing example to the APA community. To watch a recording of the event, click here.

NAPABA Congratulates Angel Kelley on her Nomination to serve on the District Court for the District of Massachusetts

For Immediate Release: 
Date: May 12, 2021

Contact: Priya Purandare, Executive Director

WASHINGTON – Today, as part of the third slate of judicial nominees sent to the Senate, President Joe Biden nominated Massachusetts Superior Court Judge Angel Kelley to become a federal district court judge for the District of Massachusetts.  If confirmed, Judge Kelley would become only the second African American woman judge and second Asian American judge to serve on the Massachusetts district court, following Judge Indira Talwani who was confirmed in 2014. 

NAPABA applauds the Biden Administration for continuing to nominate experienced individuals  with diverse professional and personal backgrounds who reflect the diversity of the country. The daughter of a Japanese immigrant mother who found work as a meat packer, and an African American father originally from Selma, Alabama who was a truck driver, Judge Kelley began her legal career as a staff attorney at the Legal Aid Society working in the Juvenile Rights Division in Brooklyn, New York, served as an Assistant U.S. Attorney in U.S. Attorney’s Office for the District of Massachusetts, and began her judicial service on the Massachusetts state court in 2009.

Judge Kelley received her LL.M. in Trial Advocacy from Temple University in 2003, her J.D. from Georgetown University in 1992, and her B.A. from Colgate University in 1989. 

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The National Asian Pacific American Bar Association (NAPABA) in the largest Asian Pacific American membership organization representing the interests of approximately 50,000 legal professionals and nearly 90 national, state, and local Asian Pacific American bar associations. NAPABA is a leader in addressing civil rights issues confronting Asian Pacific American 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 color in the legal profession.

NAPABA | 1612 K St. NW, Suite 510 | Washington, DC 20006 | www.napaba.org

New York State Bar Association Honors Justice Peter Tom with the George Bundy Smith Award on May 6

On May 6, the Commercial and Federal Litigation Section of the New York State Bar Association presented the George Bundy Smith Award to the Honorable Peter Tom, former Associate Justice of the Appellate Division, First Judicial Department. The George Bundy Smith Award is presented annually to an attorney of color whose career exemplifies the high standards in legal excellence, community service, and mentoring set by Judge George Bundy Smith through his participation in the Civil Rights Movement and his years of public service serving as a judge. 

Vincent Chang had the honor of presenting the award to Justice Tom. In his speech, he described Justice Tom as “our Jackie Robinson.” Like Jackie Robinson, Justice Tom had accomplished goals during his career no one in his race had ever accomplished. Throughout his years of service in the court system, he achieved many “firsts”—first Asian American appointed to the Housing Court in New York City; first Asian American elected to the Civil Court in New York City; first Asian American elected to the New York State Supreme Court in New York County; and first Asian American appointed to the Supreme Court, Appellate Division, First Department. Justice Tom was even the first Asian American to win the New York City Golden Gloves Boxing Championship. In his legal career, Justice Tom tore down walls one by one. He employed a 100-year-old “Bawdy House Statute” for the first time in a groundbreaking ruling to evict drug dealers from residential property. In People v. Luis Kevin Rojas, Justice Tom reversed an innocent man’s conviction and saved Luis Rojas from a potential lifetime in prison. Justice Tom also gives back immensely to the Asian American community. He is one of the founders of the Asian American Bar Association of New York.

In accepting the George Bundy Smith Award, Justice Tom shared the story of his family’s immigration to the United States from China with their hopes of finding the mountains of gold in America. Instead of finding gold mountains, Justice Tom was thrust into New York City where he had to learn English, find his identity, and work hard. He stated, “[The] real treasure of America was not…easy riches but vast golden opportunities in this diverse country where the road of opportunity leads if one works hard and perseveres.” In addition, Justice Tom provided attendees with insight into how appeals are handled by the First Department, stressing the importance of strong oral argument. He also emphasized pro bono representation and civility in the legal profession.

Congratulations to Justice Tom on receiving the George Bundy Smith Award! To read AABANY’s profile on Justice Tom, click here.