AABANY AAVTF Holds a Briefing on Anti-Asian Violence on May 25

On May 25, the Asian American Bar Association of New York’s Anti-Asian Violence Task Force (AAVTF) hosted an information briefing about the AAVTF’s activities and about the rise in anti-Asian violence during the COVID-19 pandemic. The speakers for the event were AABANY President Terry Shen; Board Director, Issues Committee Co-Chair and Asia Practice Committee Co-Chair Chris Kwok; Board Director and past Pro Bono & Community Service (PBCS) Committee Co-Chair Karen Yau; PBCS Committee Co-Chair Karen King; Prosecutors’ Committee Co-Chair Joseb Gim; and Executive Director Yang Chen.

Chris and President Shen gave the opening remarks, introducing the event, and thanking all the attendees for coming.

After these remarks, Chris began the presentation, explaining how the publicity about anti-Asian violence generated in mainstream media has suddenly catapulted Asian American and Pacific Islanders (AAPIs) into the public consciousness. Unlike before, Asians are now viewed as a group that experiences discrimination and violence, just like any other minority. Chris explained that these realizations politically empower AAPIs to make change in the political system as Asians become more aware about race and the ways in which it affects them. The AAPI identity has also been recreated through artwork, publications, and other initiatives. Asian non-profits have also begun receiving a large influx of donations that have great potential to aid the AAPI community. Chris also discussed the history of AABANY’s report and how Trump’s inflammatory rhetoric about the virus incited a wave of anti-Asian hate and violence during early 2020. These events culminated in the report’s publication in February 2021. Karen then discussed the report’s publication process which involved the feedback and support of bar associations, law firms and other organizations. The subsequent publicity generated by the report was cemented by the anti-Asian shootings in Atlanta. Ever since, Karen explained, AABANY has frequently been requested to speak at numerous events and on many media outlets. Many initiatives proposed by the report have also since been implemented.

Yang then went on to discuss the genesis of the AAVTF, made up of members of the Academic Committee, Issues Committee, Legal Referral and Information Services (LRIS) Committee, PBCS Committee, Prosecutors Committee, and Student Outreach Committee as well as Immediate Past President Sapna Palla, President Shen, and President-Elect Will Ng. Yang also explained how the AAVTF was founded to realize the goals outlined in the report, focusing on three prongs of action: education/communication, research, and advocacy. Ever since, the AAVTF has pressed for hate crime prosecutions in DA Offices, published Know Your Rights Brochures for community members on what to do if they face an anti-Asian bias incident or hate crime, organized speaking engagements, begun data tracking for incidents, formed the Hate Eradication Active Response Team (HEART), and much more to raise awareness and combat anti-Asian violence.

Joe Gim, prosecutor and the Chief of the new Hate Crimes Bureau at the Nassau County DA Office next discussed the role of the Prosecutors’ Committee in the AAVTF, which was primarily to shed light on criminal statutes and on the gaps between law enforcement’s understanding and implementation of these statutes. This information, Joe explained, is used to strengthen AABANY’s initiatives and advocacy efforts.

Chris affirmed this statement, reiterating his thanks to the AAVTF and the indispensable support it provides in leading the conversation about anti-Asian violence. Chris also pointed out that any movements that fight back against hate, regardless of which group is targeted, are fighting against a common enemy of structural racism.

Yang and Karen Yau went on to promote the Turning the Tide (T3) Project, which is hosted at the Asian American Law Fund of New York (AALFNY) to raise money for the AAVTF’s initiatives, research, and advocacy combating anti-Asian hate and violence. Karen King also gave a special shoutout to the HEART initiative, encouraging the attendees to volunteer their time to help connect victims of anti-Asian violence with legal aid and other resources. She also encouraged attendees to involve their law firms as sponsors for projects and events.

Chris then closed the presentation by pointing out how the police’s lackluster response to hate crimes is in part due to the historical invisibility of the AAPI community. He also explained how this invisibility has its roots in the 1853 People v. Hall case where George Hall, a white man, was convicted but then released after murdering a Chinese miner. Chris explained how Hall appealed his release on the basis of a California statute which prevented people of color from testifying against whites. Chris also emphasized that supporting the Black Lives Matter movement does not detract from support for the AAPI cause. To illustrate the importance of building a multi-racial coalition, Chris recounted an interview he had with the celebrated documentary director Spike Lee for his film about New York City and race that will be released in September 2021. Lee explained that he had chosen to interview Chris because “people were asking where the Asians were. And I listened.”

After the presentations, the discussion was opened to the attendees for a question and answer session. 

Karen Lin, PBCS Committee Co-Chair asked whether or not AABANY would advocate for including AAPI history in the public school curriculum. Yang answered by reiterating AABANY’s support of any educational initiatives, pointing to AABANY’s trial reenactments project as an example. 

AABANY member Jennifer Luo then pointed the discussion towards the lack of successful hate crime prosecutions. Joe explained that law enforcement currently lacks sufficient resources and infrastructure to investigate hate crimes. As hate crimes are unique in that the prosecutor must prove that the perpetrator was motivated to commit the crime due to racial bias, this process requires more investigation and information which the police currently lacks. To address this issue, Joe also proposed creating a database of hate crimes and bias incidents that would allow law enforcement to easily access information and also to enable community members to report incidents more efficiently. He also mentioned the newly minted COVID-19 Hate Crimes Act, which would allocate funding towards combating hate crimes. Chris also added that AABANY is planning a Candidates’ Forum that would give AABANY and its members an opportunity to ask about measures being considered to protect the AAPI community from violence. 

David Ahn then asked about AABANY’s plans to monitor hate crimes going forward. Chris answered by citing AABANY’s involvement in a case in Flushing, Queens where the perpetrator, despite revealing his racist sentiments in a text sent to the New York Times, was not charged with a hate crime. After AABANY’s advocacy in the DA’s Office, the perpetrator was charged with a hate crime. Chris also added that, though not every case would lead to a hate crime enhancement, AABANY is continuing to monitor the news and other outlets for advocacy opportunities. Yang also explained that the HEART initiative would help AABANY keep track of the incidents, connect with the community, and improve AABANY’s advocacy efforts. Karen Yau also pointed out that there are other alternatives to criminal prosecutions that victims would be able to pursue if they wished.

Chris then shared his own experiences with anti-Asian violence growing up, recounting a story where his friends were assaulted by a white supremacist gang while exiting a movie theater in Queens. He also described his efforts to reconnect with them hoping to preserve their stories and voices as a part of the history of anti-Asian violence.

AABANY Treasurer William Hao also discussed his own involvement in the aftermath of the Atlanta shootings while on a call with former U.S. Attorney Byung J. (“BJay”) Pak, the FBI, and local law enforcement. Will shared that even though the media had severely twisted the narrative by promoting the perpetrator’s claim that he had not been motivated by racism, the call served to give Asians a voice in revealing the truth of the events and reshaping the story. Will concluded by emphasizing the importance of AAPI representation in government and law enforcement.

Marilyn Go (USMJ EDNY, ret’d) then asked about AABANY’s ability to speak out during majority political forums. Chris answered by pointing out the difficulty of entering majority forums, but also noted that events recorded on Zoom would allow AABANY to hold candidates accountable for their words. Yang also referenced the City Council District One Candidates’ Forum which did take questions from AABANY regarding the NYPD Hate Crimes Task Force. Jennifer then asked about the possibility of keeping a record of candidates’ responses regarding issues of anti-Asian violence. Chris responded that AABANY’s future plans to hold a Manhattan DA Candidates’ forum would allow AABANY to record responses from the candidates on that issue.

AABANY thanks all of the attendees for their time and their commitment to serving the AAPI community. To view the recording of the event, click here.

AABANY Hosts Fundraising Event on May 21 to Support Welcome to Chinatown’s Longevity Fund

On May 21, in observance of Asian American and Pacific Islander (AAPI) Heritage Month, AABANY’s Legal Referral and Information Service (LRIS) hosted an event titled “A Brief History of Anti-Asian Racism in America and Call to Action” to raise funds for Welcome to Chinatown’s Longevity Fund. Welcome to Chinatown is a grassroots initiative working to preserve New York City’s Chinatown by supporting small businesses and amplifying community voices. In 2020, they launched The Longevity Fund, a small business relief program, to support small businesses where cultural and socioeconomic barriers have prevented them from applying for assistance programs.

The first part of the fundraising event consisted of a presentation from Chris Kwok, AABANY Board Director, Asia Practice Committee Co-Chair, and Issues Committee Chair, on the history of anti-Asian racism in America. He provided an overview of the history of sinophobia and anti-Asian violence in the United States, highlighting the passage of laws including the Naturalization Act of 1790, the Page Act of 1875, and the Chinese Exclusion Act of 1882. Chris also shared the common themes of how Asian Americans have been perceived throughout history and are still seen today as “forever foreign.”

The presentation was followed by an informal Q&A session between Moderator Tiffany Miao, and William Ng, AABANY President-Elect and LRIS Panel Member, on the importance of AAPI representation in the legal profession and how AAPI lawyers can play a role in preserving Asian cultures and communities for future generations. After listening to Chris’ presentation, William spoke about how the history of sinophobia in the U.S. was never taught in school and how it is important to push towards adding it to school curriculums. Chris added that it’s critical for individuals to understand how race works with Asian Americans—although there’s similarity with how African Americans and Jews experience race, there are still differences and nuances. As for how AAPI lawyers can support AAPI communities, William stated, “While it’s a good career opportunity to do meaningful work, this time in particular, Asian Americans have an opportunity to do more, push certain initiatives.” In addition to representing Asian American clients at work, AAPI lawyers can donate to organizations such as Welcome to Chinatown, and join AABANY’s LRIS to provide legal assistance to the Asian American community.

To join AABANY’s LRIS, please email [email protected] for an application. To learn more about Welcome to Chinatown, please visit welcometochinatown.com and check out their Instagram account @welcome.to.chinatown

At the conclusion of the fundraiser, AABANY was able to raise $2000 for The Longevity Fund. Thank you to everyone who joined us for the event, and thanks especially to all the donors for their support.

In the News: AABANY, SABANY, KALAGNY, & FALA-New York’s Joint Statement on AAPI Under-representation in the Judiciary Featured in The New York Law Journal

On Tuesday, June 15, the Asian American Bar Association of New York (AABANY), the South Asian Bar Association of New York (SABANY), Korean American Lawyers Association of Greater New York (KALAGNY), and the Filipino American Lawyers Association of New York (FALA-New York) released a joint statement calling on the New York State Unified Court System (UCS) to fill judicial vacancies with Asian American Pacific Islander (“AAPI”) judges, including that of Judge Anthony Cannataro’s former role as the citywide administrative judge for the civil court of New York City. On Wednesday, June 16, The New York Law Journal published a front-page article recounting the social and demographic context driving the release of this joint statement, reiterating how “[u]nlike other communities of color, Asian representation has lagged due to a failure by political and judicial leaders to support and promote AAPI judges.” The article also noted how the AAPI bar associations acknowledged the diversity of Governor Andrew Cuomo’s recent judicial appointments but remained staunch in their commitment to remedying the dearth of AAPI representation on the bench.

To read the full article, click here (subscription required).

AABANY Joins SABANY, KALAGNY, and FALA-New York in Calling for Increased Representation of Asian Americans and Pacific Islanders in Leadership Positions in the New York Judiciary

In February of this year, the Asian American Bar Association of New York (AABANY) released its report A Rising Tide of Hate and Violence against Asian Americans in New York During COVID-19: Impact, Causes, Solutions, co-authored with Paul, Weiss, detailing the surge of anti-Asian hate and violence as a result of the pandemic. The report advanced seven carefully-considered proposals for combating anti-Asian racism and discrimination, including, a call for “Greater Representation of Asians in Law Enforcement, Public Office, and the Courts.” Consistent with this proposal, AABANY joined in a statement with the South Asian Bar Association of New York (SABANY), Korean American Lawyers Association of Greater New York (KALAGNY), and the Filipino American Lawyers Association of New York (FALA-New York), calling on the New York State Unified Court System (UCS) to appoint Asian American Pacific Islander (“AAPI”) judges to fill the positions of Administrative Judge in the Civil Court of the City of New York, Administrative Judge of Supreme Court, Criminal Term in Bronx County, Administrative Judge of Supreme Court, Criminal Matters in Queens County, and Appellate Term, First Department.

As the accompanying press release for the joint statement issued on June 15 notes, “the lack of Asian representation on the bench is not a recent phenomenon.” As AABANY’s report explains, “Racism and bias fester where positions of power are held primarily by the white majority. Institutions that are meant to both represent and serve justice to the community will be more effective if they more closely reflect the composition of the community.” Efforts to increase diversity in the judiciary comprise first steps to ensuring the legal system can protect all Americans, regardless of racial identity.

Secretary Jeh Johnson elucidated in his October 1, 2020 Report from the Special Advisor on Equal Justice in the New York State Courts that “the overwhelming majority of the civil or criminal litigants in the Housing, Family, Civil and Criminal courts in New York City are people of color,” but “[b]oth the Minorities and Williams Commissions identified the lack of diversity among judges and non-judicial employees within the court system as a major issue affecting the administration of justice in the state.” Though these courts serve many litigants from communities of color, the bench does not reflect that diversity, with the overwhelming number of judges being male and white. Secretary Johnson concludes, “The sad picture that emerges is, in effect, a second-class system of justice for people of color in New York State.”

AABANY, through its joint statement with SABANY, KALAGNY, and FALA-New York, reaffirms its commitment to the fair administration of justice for all, calling for change to the longstanding under-representation of AAPI judges in New York State. Read more here.

Office of the Bronx District Attorney Holds Rally Against Hate on May 21

In light of recent hate crimes against AAPI and Jewish communities, the Bronx District Attorney’s Office held an Anti-Hate rally and a resource fair on May 21st, 2021 at Lou Gehrig Plaza from 12:00 pm to 2:00 pm, near the Bronx DA’s Office, a few blocks away from Yankee Stadium. The Bronx District Attorney, Darcell Clark, led the cry against all forms of hate, saying, “It’s not who we are as New Yorkers and we will not stand for it… hate against one of us is hate against all of us.” 

Many religious and elected leaders joined DA Clark in denouncing hate. Bronx Assembly Member Jeffrey Dinowitz said, “It’s not just Jewish residents, it’s not just Asian residents. The hate, the discrimination against other communities as well has been going on for far too long.” Other speakers, such as Mayoral Candidate Andrew Yang, NYPD Inspector Tommy M. Ng (and head of the NYPD Asian Hate Crimes Task Force), New York City Council Member Vanessa Gibson, and the Regional Director of the ADL Scott Richman all denounced hate while touching on the importance of solidarity, camaraderie, and acceptance of everyone regardless of their background. 

The Asian American Bar Association of New York’s Executive Director, Yang Chen, spoke on the recent hate crimes against the AAPI community. Chen invited attendees to visit the AABANY table to pick up copies of our anti-Asian violence report or a Know Your Rights brochure for AAPIs who encounter an anti-Asian hate or violence incident. Chen added that AABANY was also giving out buttons with the words “One Humanity Against the Virus.” He explained  that “we’re not talking just about COVID-19, we’re talking about the virus of racism that infects our world today.” The buttons proved to be a popular item.

In addition to AABANY, the Bronx District Attorney’s Office, the New York City Commissions on Human Rights and other groups handed out various resources to educate the general public on ways to combat hate at tables set out in the plaza. 

AABANY thanks DA Clark and her staff, especially Deputy Chief of Staff, Beverly Ma, and Miriam Bell-Blair, Director, Immigrant Affairs Unit, for organizing this rally during AAPI Heritage Month. We look forward to continuing to work with the Bronx DA’s Office to combat hate against all communities in New York City. To see more photos from the event, view them here.

NAPABA Virtual In-House Counsel Summit

July 29-30, 2021

Registration for the NAPABA Virtual In-House Counsel Summit is now open! Designed to help public company senior and experienced attorneys make the jump into the C-Suite, participants will receive tailored guidance and training based on where they are in their career.

Registration for this event is complimentary and space is limited so register now! Registration will close at 5 p.m. EDT on Friday, June 25.

REGISTER NOW

Here are the Top Five Reasons to Attend the #NAPABAIHCSUMMIT21

REASON 1: Understand how various public company GCs in different sectors obtained their roles and the challenges they faced along the way.

REASON 2: Hear from recruiters on the current hiring trends, the challenges to the AAPI in-house community, and ways you can stand out.

REASON 3: Develop key strategies to increase your interview opportunities and ability to shine.

REASON 4: Add new knowledge about yourself, the interview process, and what company leadership really want from their GC.

REASON 5: Learn practical and effective ways to ace your interviews and advance in the search process.

LEARN MORE

More information is available at https://www.napaba.org/page/ihcsummit. We hope to see you at the 2021 IHC Summit!

AAPI Judges from the Eastern District of New York Celebrate AAPI Heritage Month

On May 25, the Asian American Judges of the Eastern District of New York celebrated Asian American and Pacific Islander Heritage Month with a presentation titled “Photographic Justice: The Retelling of Asian American History in the United States.” Through the photography of Corky Lee, the presentation chronicled Asian Americans’ involvement in U.S. history, which has mostly been omitted from American history books.

The presentation began with a retelling of the Golden Spike ceremony in 1869 that celebrated the completion of the transcontinental railroad. While the majority of the railroad construction workforce was comprised of Chinese immigrants, the photograph taken to commemorate the railroad completion did not include any of the Chinese workers. At the 100-year anniversary of the ceremony in 1969, speakers still ignored the contribution of the Chinese workers. Corky Lee, a renowned photographer, believed in photographic justice and in 2014, he gathered the descendants of the Chinese workers to reenact the Golden Spike ceremony photograph. He said, “Some people would say we are reclaiming Chinese American history. In actuality, we’re reclaiming American history and the Chinese contribution is part and parcel of that.”

The presentation continued by recognizing the contributions of Asian Americans to the American war effort during World War 2, many of whom fought on battlefields overseas. These individuals include the decorated 442nd Regimental Combat Team, the Philippine Scouts, and WASP aviators Maggie Gee and Hazel Ying Lee. The third part of the presentation focused on the numerous laws passed in U.S. history that prohibited Asians from immigrating to America such as the 1882 Chinese Exclusion Act and the 1907 Gentlemen’s Agreement. For years, immigration and access to citizenship was based on race. That situation remained unchanged until 1965 when the Immigration and Nationality Act finally abolished national origin, race, and ancestry as basis for immigration to the U.S. This resulted in increased immigration from China, India, Japan, and the Philippines.

The final segments of the presentation focused on the Asian American Movement and how Asian Americans have come together to address racism and inequality. Addressing the anti-Asian hate and violence occurring today, the presentation concluded that “the current climate of violence against Asian Americans must not stand in the way of Asian Americans being seen, being heard, and being respected in America.”

Thank you to Magistrate Judge Sanket J. Bulsara, District Judge Pam Chen, Magistrate Judge James Cho, District Judge Diane Gujarati, Magistrate Judge Peggy Kuo, and District Judge Kiyo A. Matsumoto for the important presentation on Asian American history and for celebrating AAPI Heritage Month. To view the full presentation, click here.

NAPABA Congratulates Krystal Ka’ai, who was Appointed to Become Executive Director of the White House Initiative on Asian Americans, Native Hawaiians, and Pacific Islanders

For Immediate Release:
Date: May 28, 2021

Contact: Edgar Chen, Policy Director

WASHINGTON – NAPABA congratulates Krystal Ka’ai, who today was appointed by President Biden to become Executive Director of the White House Initiative on Asian Americans, Native Hawaiians, and Pacific Islanders. NAPABA has worked with Ms. Ka’ai for nearly a decade in her role as Executive Director of the Congressional Asian Pacific American Caucus.

“Krystal has been a steadfast advocate for the AA and NHPI communities,” said NAPABA Executive Director Priya Purandare.  “Her experience working on nearly every important legislative and policy priority affecting the AA and NHPI populations makes her uniquely situated to lead the White House Initiative on Asian Americans, Native Hawaiians, and Pacific Islanders during the most critical times for these communities. NAPABA is proud to have supported her candidacy, and we look forward to working with her in her new role and strengthening our relationship with the White House Initiative on Asian Americans, Native Hawaiians, and Pacific Islanders.”

The White House today also announced that the White House Initiative on Asian Americans, Native Hawaiians, and Pacific Islanders will be housed in the Department of Health and Human Services, to ensure that the Federal government is mitigating COVID-19 related anti-Asian bias, advancing health equity for all AA and NHPI communities, and ensuring AA and NHPI communities can equitably recover from these crises.

Ms. Ka’ai’s prior experience includes working with late Senator Daniel Akaka of Hawaii, a Legislative and Research Fellow in the Office of Hawaiian Affairs, and Program Associate of the National Japanese American Memorial Foundation.  A graduate of the Kamehameha Schools, Ms. Ka’ai will be the first native Hawaiian to serve in this position. For more on this announcement by the White House, click here.

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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 60,000 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.

In the News: LGBT Committee Co-Chair Glenn Magpantay Featured in Philadelphia Gay News

Glenn Magpantay, Co-Chair of AABANY’s LGBT Committee and Co-Founder and Former Executive Director of the National Queer Asian Pacific Islander Alliance (NQAPIA), was recently featured in a May 20 article in the Philadelphia Gay News. Titled “Queer Asians speak out against discrimination and injustice,” the article featured four leaders in the LGBT Asian American and Pacific Islander (AAPI) community, who each discussed the issues individuals who identify as both AAPI and LGBT have to face.

In the article, Glenn spoke about how queer AAPI people are often overlooked. There is a lack of existing queer Asian groups in cities such as Miami and Orlando, and even within the greater LGBT community, AAPIs are not always represented in the public policy agendas of some LGBT organizations. Speaking about the anti-Asian hate and violence during the COVID-19 pandemic, Glenn stated: “[G]ay Asians live at the intersection of a dual identity…The haters — the people who are harassing us, people who yell at us for being coronavirus carriers — they don’t discriminate on whether you’re gay Asian, a trans-Asian, a Korean Asian. It doesn’t matter to them. You just look foreign. You look like you have the COVID virus.” He added: “Our identities as queer Asians have been flattened by the media. How many of [these hate-crime victims] were gay, queer and trans?”

To read the full article, click here.

In The News: President Terry Shen and Past President Linda Lin’s Op-Ed on the Lack of Asian-American Representation in New York’s Courts Published in City & State

On May 20, 2021, City & State published an Op-Ed written by President Terry Shen and Past President Linda Lin of the Asian American Bar Association of New York.

In the Op-Ed, President Shen and Past President Lin describe how a wave of Anti-Asian violence swept across New York City in the wake of the COVID-19 pandemic and how the city government’s lackluster response to these incidents has not been enough to protect the AAPI community. According to the article, stronger Asian-American representation in New York’s courts can help to solve these issues. The article also highlights Kathy Hirata Chin, the only Asian-American candidate for the New York Court of Appeals, arguing that her appointment would be a landmark step towards greater racial diversity, justice, and equity. As stated by President Shen and Past President Lin: “Our government must be diverse to fulfill Lincoln’s vision of a nation ‘of the people, by the people, and for the people.’ The need in our city and state is urgent and necessary.”

To read the full article, click here.