Tag: Anna Mercado Clark

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NAPABA Warns Against Hateful and Divisive Political Rhetoric and Calls for National Unity to Stem the Tide of Hate

For Immediate Release:
Date: September 24, 2024		Contact:
Rahat N. Babar, Deputy Executive Director

WASHINGTON – Today, the National Asian Pacific American Bar Association (NAPABA) submitted a written statement for the record to the United States Senate Judiciary Committee that highlighted the dangers of divisive, reckless rhetoric and called on leaders to guard against the continuing demonization of immigrants and communities of color. During the Committee’s hearing on September 17, 2024, entitled, “A Threat to Justice Everywhere: Stemming the Tide of Hate Crimes in America,” a senator baselessly accused one of the witnesses, Maya Berry, an Arab American civil rights leader, of supporting foreign terrorist organizations. Despite the witness clearly and repeatedly stating that she did not support such organizations, the senator continued to interrogate her relentlessly.

“We have seen this playbook before, unfortunately, and members of the Asian American, Native Hawaiian, and Pacific Islander (AANHPI) community are no stranger to such offensive, differential treatment solely because of their national origin or religion,” observed Anna Mercado Clark, President of NAPABA. “For example, in this same Committee nine months ago, Adeel Mangi, a nominee to be a judge of the U.S. Court of Appeals for the Third Circuit, also endured hostile treatment based solely on his religion. Our national leaders must do better to avoid dangerous rhetoric, which can lead to horrific results in our communities if left unchecked.”

“The disturbing episode involving Maya Berry is reminiscent of the historical experience of so many members of the AANHPI community being labeled as ‘perpetual foreigners,’” said Priya Purandare, Executive Director of NAPABA. “In recent years, we have seen states throughout the country introduce and enact restrictions on the property rights of Asian Americans, and during this hearing, the Committee heard testimony of the rise of hate against Asian Americans following the false scapegoating against them during the COVID-19 pandemic.”

Especially in this political season, NAPABA’s statement called on leaders to “avoid the reckless rhetoric” and on all Americans to “unite in common cause to tackle our Nation’s problems together.”

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The National Asian Pacific American Bar Association (NAPABA) represents the interests of over 80,000 Asian Pacific American (APA) legal professionals and nearly 90 national, state, and local APA bar associations. NAPABA is a leader in addressing civil rights issues confronting Asian American, Native Hawaiian, and Pacific Islander 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 all backgrounds in the legal profession.

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2024 NAPABA President’s Award: A Celebration of Three Women Leaders

For Immediate Release:
Date: September 9, 2024		Contact:
Maureen Gelwicks, Deputy Executive Director

WASHINGTON – The National Asian Pacific American Bar Association proudly announces that the 2024 NAPABA President’s Award will be presented to Nancy P. Lee, Wendy C. Shiba, and Priya Purandare—three pioneering women leaders. Their transformative work has significantly impacted the Asian American, Native Hawaiian, and Pacific Islander community and the legal profession over the last four decades.

The NAPABA President’s Award is given annually to individuals or entities who demonstrate an exceptional commitment to the AANHPI community.

“Throughout my career, I have worked to empower women and the AANHPI community. As my presidency comes to a close, I have selected three women who have worked tirelessly behind the scenes for years and set a high bar for all to follow. They have left an indelible mark not just on me but our organization and the profession as well,” said NAPABA President Anna Mercado Clark. “Former NAPABA Presidents Nancy P. Lee and Wendy C. Shiba, and NAPABA Executive Director Priya Purandare have each worked to advance and mentor women in the profession and have created a more inclusive NAPABA. I am pleased to recognize them with the 2024 President’s Award.”

Nancy P. Lee, 6th President of NAPABA (1994-95), 4th President of NAPABA Law Foundation (NLF), and NAPABA Trailblazer, is an experienced nonprofit and corporate governance attorney. Lee’s efforts through the formative years to lead the strategic vision and planning for NAPABA and its foundation and her concurrent service as chair of Asian Americans Advancing Justice | AAJC, established the foundation for the AANHPI community and our organization to have the voice we have today.

Wendy Shiba, 24th President of NAPABA (2012-13) and NAPABA Trailblazer, is a retired C-suite executive and continues to serve as NAPABA’s representative to the ABA’s House of Delegates and Standing Committee on Bar Activities and Services, Presidential Appointments Committee, and Vice Chair of the Committee on Rights of Women on the ABA Section on Civil Rights and Social Justice. A mentor to many NAPABA woman presidents, Shiba’s influence and guidance have elevated NAPABA’s reputation as one of the nation’s premier professional organizations.

Priya Purandare, NAPABA Executive Director and longest-tenured staff member in the organization’s history, has transformed and led NAPABA by expanding programs, diversifying funding sources, doubling its budget and reserves, and growing its membership—now representative of 80,000 AANHPI legal professionals. A nationally recognized voice for the AANHPI legal community, she has advised three presidential administrations on judicial nominations, hate crimes, and other critical issues of importance to our community.

NAPABA congratulates Nancy P. Lee, Wendy C. Shiba, and Priya Purandare as this year’s President’s Awardees. The work of each awardee has made our community stronger. The award will be presented on Saturday, November 9, during the Gala at the 2024 NAPABA Convention in Seattle.  

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The National Asian Pacific American Bar Association (NAPABA) represents the interests of over 80,000 Asian Pacific American (APA) legal professionals and nearly 90 national, state, and local APA bar associations. NAPABA is a leader in addressing civil rights issues confronting Asian American, Native Hawaiian, and Pacific Islander 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 all backgrounds in the legal profession.

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NAPABA Applauds the Nomination of Sharad Desai to the U.S. District Court for the District of Arizona

For Immediate Release:
Date: August 28, 2024		Contact:
Rahat N. Babar, Deputy Executive Director

WASHINGTON – Today, President Joe Biden nominated Sharad Desai to the U.S. District Court for the District of Arizona. If confirmed, Desai would be the first Asian American Article III judge to serve in the District of Arizona.

“NAPABA applauds President Biden’s historic nomination of Sharad Desai,” said Anna Mercado Clark, President of NAPABA. “Active in the community and an advocate of diversity and inclusion, Desai will serve in a District where the AANHPI population has grown over 50 percent over the last decade.”

Sharad H. Desai has been Vice President and General Counsel for Honeywell International’s Integrated Supply Chain and Information Technology divisions in Phoenix, Arizona, since 2023. He has worked in senior legal counsel roles at Honeywell since 2015. From 2007 to 2015, Mr. Desai worked as an attorney with the Phoenix law firm Osborn Maledon, P.A., first as an associate and later as partner. He began his legal career serving as a law clerk for Justice Rebecca White Berch on the Arizona Supreme Court from 2006 to 2007. Mr. Desai received his J.D. from New York University School of Law in 2006 and his B.A. and B.S. from the University of Arizona in 2003.

“President Biden has nominated 42 AANHPIs to Article III courts, and 37 have been confirmed, a legacy of more than double the number of AANHPIs judges than any president’s first term,” said Priya Purandare, Executive Director of NAPABA. “We thank President Biden for nominating and Senator Sinema and Senator Kelly for supporting Sharad Desai’s historic nomination.”

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Bar Leaders Call to Action: Continue the Work of the Civil Rights Act of 1964

Sixty Years Later, DEI Advances the Ongoing Work of the Civil Rights Act of 1964

Bar Association Presidents From Across the Nation Call on Leaders to Double Down on DEI

As presidents of the nation’s largest diverse national bar associations, we invite general counsel, law firm managing partners, leaders of government and nonprofit legal services organizations, and law school deans to stand with us as we fight for justice and opportunity for all. Your support and partnership are even more critical now given the attacks on diversity, equity, and inclusion (DEI) from some segments of our country. As lawyers, we are guardians of the rule of law and leaders in our communities and in local, state, and federal government. For these reasons and more, we ask that you continue to be strong advocates for DEI in our profession. Our work and efforts can also support the importance of DEI more broadly.

Honoring the Legacy of the Civil Rights Act of 1964.
This year marks the 60th anniversary of the Civil Rights Act of 1964. This sweeping Act did more to bring us closer to our ideals, that we are all are created equal, than any other legislation in our history, and it set the groundwork for landmark legislation that followed it such as the Americans with Disabilities Act (ADA). Although many Americans today might take for granted the significance of passing this legislation, it was a hard- fought victory. Most of us recall Dr. Martin Luther King, Jr.’s address at the 1963 March on Washington for Jobs and Freedom. His reference to “the fierce urgency of now” was intended to push President Kennedy and Congress to move on the stalled legislation. When the legislation finally passed, close to thirty percent of the House of the Representatives and the Senate voted against it. It is not lost on us that many of the states now passing anti-DEI legislation also included the bulk of the Representatives and Senators who opposed the Civil Rights Act of 1964.

Progress Through Partnership
As a nation, we have made significant progress in the past 60 years because of the blood, sweat, and tears of those who have come before us. In the past and continuing to this day, there have been Americans of goodwill who believe that we are a better nation when all Americans can aspire to their highest ambitions, including becoming President of the United States.

DEI is Consistent with the Spirit of the Civil Rights Act of 1964 and Essential in Today’s Workplace
Although some claim that DEI initiatives are illegal or unconstitutional, the vast majority of DEI initiatives are designed to increase access and opportunity, while minimizing bias and barriers. The work is fully consistent with the spirit and intent of the Civil Rights Act of 1964. It also brings greater meritocracy to our workplaces. How can there be meritocracy in workplaces if there are insufficient efforts to recruit exceptional talent from all communities, or when there is unintended bias in our processes related to hiring, work assignments, and promotions, or when some people have greater access to formal and informal networks that result in greater opportunities? These are just some examples of issues that DEI efforts are designed to address. Again, the overwhelming majority of DEI efforts are not only legal, but essential in today’s workplace. This is why it is critical to stand firm on the importance of DEI and be strong advocates in your corporations, law firms, and universities.

Progress, but Much Work to Be Done

Although we have made progress, there is still much work to do. According to the US Census Bureau and 2023 Gallup polling, communities of color presently represent about 41% and LGBTQ+ people represent about 7.6% of the US population. Individuals with disabilities currently represent more than one in five Americans. But recent studies from the American Bar Association, Minority Corporate Counsel Association, and the National Association for Law Placement (NALP) show that people of color only account for about 21% of lawyers in the US, 15% of Fortune 1000 general counsels, and 12% of law firm partners; likewise, LGBTQ+ people only account for 4.6% of lawyers in the US, and 2.6% of law firm partners. Individuals with disabilities account for only 1.4% of the legal profession and 1.1% of law firm partners. Further, according to studies from the American Bar Association and NALP, women comprised almost 50% of law school classes in 2000, yet today, women comprise less than 28% of law firm partners. Looking at these numbers, it’s impossible to conclude that we’ve achieved the type of success that would warrant pulling back on our efforts simply because there is opposition. Those who came before us faced even greater opposition and hostility. We owe it to them and those who are coming behind us to keep working to ensure a fairer workplace and more just nation.

Allying Together for Greater Equality, Access, and Opportunity for All
Finally, there is an economic argument for supporting DEI. When all our communities do well, we have more people contributing to the economic growth and prosperity of our country. A rising tide lifts all boats. Whether our ancestors were this country’s indigenous people, or pilgrims on The Mayflower, or kidnapped Africans on slave ships, or freedom-searching immigrants arriving at Ellis Island or Angel Island, or any of the many others seeking refuge and a new life in a new land, we are all in the same boat now. We are all Americans. Our country is already one of the most diverse nations in the world, and it will continue to become even more diverse. And the exceptional achievements of our country, economically, militarily, and socially, are the result of people from all over the world who have come here and made this country home. As we move forward together, we can show the world what a pluralistic democracy can accomplish. Now is the time for leaders and people of goodwill to stand together for greater equality, access, and opportunity for all. Together we can ensure that America lives up to its ideals, where all people are created equal and have the opportunity to achieve the American dream.

Anna Mercado Clark

President

National Asian Pacific American Bar Association (NAPABA)

Wiley S. Adams

President

National Bar Association

Matthew Archer-Beck

President

National Native American Bar Association

Kristin L. Bauer

President

National Association of Women Lawyers

Bendita Cynthia Malakia

President

National LGBTQ+ Bar Association

Daniel Mateo

President

Hispanic National Bar Association

Ronza Othman

President

National Association of Blind Lawyers

Keerthi Sugumaran

President

South Asian Bar Association of North America

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Join Us in a City Near You

The NAPABA Meet & Greet Series, designed to foster connections within the NAPABA community and nurture meaningful relationships, is an excellent opportunity for our members in cities across the country to network and engage with one another and NAPABA leadership. Visit our events page and mark your calendars for these upcoming dates! 

Philadelphia, PA
July 11 | 5:00 – 7:00 pm
Buchanan Ingersoll & Rooney PC

Toronto, ON, CA
July 11 | 6:30-7:30 pm
Fasken

Chicago, IL
August 2 | 5:00 – 7:00 pm
Perkins Coie LLP

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AABANY Members Visit Capitol Hill During NAPABA Lobby Day

AABANY members pose in front of the U.S. Capitol at NAPABA Lobby Day 2024.

On May 22, 2024, AABANY members met with the staff of New York Senate and Congressional representatives in Washinton, D.C. at this year’s NAPABA Lobby Day. Each year, members of the National Asian Pacific American Bar Association (NAPABA) travel from across the United States to Washington D.C. and advocate on critical issues facing the Asian American, Native Hawaiian, and Pacific Islander (AANHPI) community.

NAPABA and local bar association members discussed a number of issues with Congressional offices including legislation to address Anti-Asian Hate, Civil Rights, Immigration, and to support the confirmation of AANHPI judicial and executive nominees.

Wen Xue discusses alien land laws with Rebecca Lee, Legislative Assistant for Congresswoman Grace Meng.

Wen Xue, Associate at Greenberg Traurig, LLP, discussed state bills barring Chinese nationals from owning real property and a federal bill to preempt those laws.  She shared, “Lobby Day is a great opportunity to meet and connect with people. I enjoyed the opportunity to see my fellow NAPABA colleagues in action, hear their words, and be inspired.”

Sandy Chiu, intellectual property attorney at Greenberg Traurig, LLP, stated, “Lobby Day continues to inspire and reengage me in the civic process, reminding me of our power as a collective NAPABA voice in shaping policy.”

Michelle Lee, Counsel for Stand with Asian Americans which advocates against workplace discrimination, discussed legislation to ensure AANHPI history is taught as part of American history. She stated, “As a first-time attendee of Lobby Day, I experienced a sense of empowerment and relevance as we advocated on behalf of our AANHPI community directly with our Senators’ and Representatives’ offices. Every lawyer should take advantage of this privilege especially when NAPABA makes the experience so seamless and collaborative.”

Nandar Win Kerr, Human Corporate Responsibility and Sustainability Consultant and Co-Chair of AABANY’s Professional Development Committee, stated, “For the past three years, I have participated in NAPABA Lobby Day, transitioning from grassroots activism to high-level policy advocacy, a journey that seemed intimidating at first…. Engaging in NAPABA Lobby Day has enriched my sense of community and empowered me to contribute to collective advocacy efforts. Together, we strive to foster a peaceful, equitable, inclusive, and sustainable democratic society where everyone feels they belong.”

Rachel Lee discusses civil rights legislation with Bre Sonnier-Thompson, Legislative Correspondent for New York Senator Chuck Schumer.

Rachel Lee, Associate at A&O Shearman, stated, “Lobby Day 2024 was another incredibly rewarding experience. Marching through the hallways of the House and Senate buildings with a team of like-minded AANHPI attorneys was a reminder that our democratic process requires hard work and advocacy and gave me hope that as a team we can serve as a voice on issues important to our often-forgotten community. Whether it’s an important election year or not, with or without prior lobbying experience, I strongly encourage our members to take part in this amazing program.”

NAPABA is the largest AANHPI grassroots membership association, representing the interests of over 80,000 lawyers, judges, law students and other legal professionals around the country. Approximately 90 local bar associations are affiliated with NAPABA.

Anna Mercado Clark, Partner at Phillips Lytle LLP, currently serves as President of NAPABA. She stated, “Lobby Day is the premier advocacy event for NAPABA and one of the most visible ways that we celebrate Asian American, Native Hawaiian, and Pacific Islander Heritage Month. We are proud to have gathered 150 members for a Congressional reception and 50 meetings with legislators from both sides of the aisle. It is so powerful to see so many AANHPIs roaming the halls of Congress. It sends the message that we are here, we matter, and we will not tire of pursuing issues of importance to our communities. Thank you, AABANY, for joining NAPABA and all you are doing to advocate for our communities and strengthen democracy. This work is more important now than ever.”

NAPABA President Anna Mercado Clark and Nandar Win Kerr attending the Asian American, Native Hawaiian, and Pacific Islander Heritage Month Congressional Reception.
Congresswoman Judy Chu (CA), Senator Mazie Hirono (HI), and Director of Domestic Policy Counsel Neera Tanden speak at the AANHPI Congressional Reception.

NAPABA Lobby Day coincides with the annual Asian American, Native Hawaiian, and Pacific Islander Heritage Month Congressional Reception. Several AANHPI congressional and administration officials spoke including Congresswoman Judy Chu (CA), Senator Mazie Hirono (HI), and White House Director of the Domestic Policy Counsel Neera Tanden.

Thanks to all the AABANY members who participated in Lobby Day this year, especially Vishal Chander, Issues Committee Co-Chair and Board Director, who submitted this report.

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NAPABA Applauds the Confirmation of Judge Dena M. Coggins to the U.S. District Court for the Eastern District of California

For Immediate Release: 
Date: May 22, 2024 		Contact: Rahat N. Babar, Deputy Executive Director

WASHINGTON – Today, the United States Senate confirmed Judge Dena M. Coggins to the U.S. District Court for the Eastern District of California. 

“NAPABA congratulates Judge Dena M. Coggins on her confirmation to the U.S. District Court for the Eastern District of California,” said Anna Mercado Clark, President of NAPABA. “We are pleased to have supported Judge Coggins’ nomination, and we are thrilled that she has been confirmed during our annual NAPABA Lobby Day, where our members are in Washington, DC to demonstrate not only the strength of our community but also to advance the critical issues facing the Asian American, Native Hawaiian, and Pacific Islander community with leaders on Capitol Hill.”

Judge Dena Michaela Coggins is the Presiding Judge of the Juvenile Court of the Superior Court of California, County of Sacramento, having served in that position since 2023 and as a Superior Court judge since 2021. Judge Coggins was previously an Administrative Law Judge with the State of California’s Office of Administrative Hearings, in the General Jurisdiction Division from 2018 to 2021 and the Special Education Division from 2015 to 2017. Between her positions as an Administrative Law Judge, Judge Coggins served as a supervising attorney and hearing officer at the State of California Victim Compensation Board from 2017 to 2018. From 2013 to 2015, she served as a Deputy Legal Affairs Secretary for the Governor of California. Prior to her state government service, Judge Coggins worked as an associate at Downey Brand L.L.P. from 2012 to 2013 and at Morrison & Foerster L.L.P. from 2007 to 2012. Judge Coggins received her J.D. from the University of the Pacific, McGeorge School of Law in 2006, and her B.S. from California State University, Sacramento in 2003.

“This is the second judge from our community to be confirmed during Asian American, Native Hawaiian, and Pacific Islander Heritage Month this year,” said Priya Purandare, Executive Director of NAPABA. “President Biden’s record-breaking 36 AANHPI judges confirmed include 23 AANHPI women, the most women. We thank President Biden for nominating Judge Coggins and Senators Padilla and Butler for supporting her nomination.”

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The National Asian Pacific American Bar Association (NAPABA) represents the interests of over 80,000 Asian Pacific American (APA) legal professionals and nearly 90 national, state, and local APA bar associations. NAPABA is a leader in addressing civil rights issues confronting Asian American, Native Hawaiian, and Pacific Islander 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 all backgrounds in the legal profession.
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NAPABA Applauds the Nomination of Judge Anne Hwang to the U.S. District Court for the Central District of California


For Immediate Release: 
Date: April 24, 2024 		Contact: Rahat N. Babar, Deputy Executive Director

WASHINGTON – Today, President Joe Biden nominated Judge Anne Hwang to the U.S. District Court for the Central District of California.

“NAPABA applauds the Biden-Harris Administration for nominating Judge Anne Hwang,” said Anna Mercado Clark, President of NAPABA. “Active in the AANHPI community, Judge Hwang is a 2019 APABA Los Angeles Trailblazer in the Law awardee. She is well qualified to serve on the U.S. District Court, and we encourage the Senate to confirm Judge Hwang swiftly.”

In 2018, former governor Jerry Brown appointed Judge Hwang to the Los Angeles County Superior Court. Prior to her appointment, Judge Hwang served as a Deputy Federal Public Defender in the Office of the Federal Public Defender for the Central District of California from 2006 to 2018, becoming Chief Deputy Federal Public Defender in 2018. Before entering public service, Hwang was an associate at Irell and Manella LLP from 2002 to 2006. Hwang received a Bachelor of Arts from Cornell University and a Juris Doctor from the University of Southern California School of Law.

“The U.S. District Court for the Central District of California is the most populous federal judicial district, serving over 19 million, including a significant AANHPI population with nearly 12% of the Los Angeles population alone. If confirmed, Judge Hwang is well suited to serve the people of the Central District of California,” said Priya Purandare, Executive Director of NAPABA.

NAPABA thanks President Biden for nominating Judge Anne Hwang and Senators Padilla and Butler for supporting her nomination.

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The National Asian Pacific American Bar Association (NAPABA) represents the interests of over 80,000 Asian Pacific American (APA) legal professionals and nearly 90 national, state, and local APA bar associations. NAPABA is a leader in addressing civil rights issues confronting Asian American, Native Hawaiian, and Pacific Islander 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 all backgrounds in the legal profession.

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NAPABA Supports the John R. Lewis Voting Rights Advancement Act


For Immediate Release: 
Date: March 4, 2024 		Contact: Rahat N. Babar, Deputy Executive Director for Policy 

WASHINGTON – The National Asian Pacific American Bar Association (NAPABA) applauds the United States Senate’s reintroduction of the John R. Lewis Voting Rights Advancement Act, a bill that would restore critical protections of the Voting Rights Act. Especially in a critical election year, Congress must ensure that everyone can fully participate in our democracy. This month, we commemorate the 59th anniversary of Bloody Sunday, when, on March 7, 1965, in Selma, Alabama, State Troopers attacked hundreds of unarmed protestors, including the civil rights leader John Lewis, who opposed the systematic oppression of Black voters. It led to the ultimate passage of the Voting Rights Act. As those activists knew then, and as we are reminded today, the right to vote is foundational, and as an organization advancing the interests of the AANHPI community, NAPABA realizes the critical importance for our community to have equal access to the ballot.  

“The endeavor to secure equal voting rights requires constant vigilance,” said Anna Mercado Clark, President of NAPABA. “The life and legacy of John Lewis are a powerful reminder of it. NAPABA is grateful to Senators Durbin, Warnock, Schumer, and the sponsors for reintroducing the John R. Lewis Voting Rights Advancement Act. As the Asian American community is the fastest-growing community in the nation, coupled with recent court decisions that have limited the reach of the Voting Rights Act, this bill will go a long way to ensure that our community – and all communities of color – have a fair opportunity to make their voice heard at the ballot box.”

On top of our advocacy, if you wish to learn about ways that you can get involved in your community, connect with our partner APIAVote: https://apiavote.org/get-involved/volunteer/

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The National Asian Pacific American Bar Association (NAPABA) represents the interests of over 60,000 Asian Pacific American (APA) legal professionals and nearly 90 national, state, and local APA bar associations. NAPABA is a leader in addressing civil rights issues confronting Asian American, Native Hawaiian, and Pacific Islander 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 all backgrounds in the legal profession.

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NAPABA Applauds Eleventh Circuit Ruling Halting Enforcement of Florida’s Discriminatory Alien Land Law

For Immediate Release: 
Date: February 2, 2024 		Contact: Rahat N. Babar, Deputy Executive Director for Policy 

WASHINGTON – In the ongoing litigation against Florida’s discriminatory alien land law (“SB 264”), the United States Court of Appeals for the Eleventh Circuit granted a preliminary injunction yesterday in favor of two of the plaintiffs and halted enforcement of the law against them. In temporarily blocking SB 264, the court held that the plaintiffs demonstrated a substantial likelihood that the statute is preempted by federal law and that they have shown an imminent risk that the law would cause them irreparable harm. The plaintiffs, lawfully present Chinese immigrants, first brought the suit because they were stymied in their efforts to purchase homes when the law went into effect.

“We are grateful that the court recognized the real harm that discriminatory statutes such as SB 264 are imposing on the Asian American community,” said Anna Mercado Clark, President of NAPABA. “As litigation continues, NAPABA will continue to oppose alien land laws, whether in the halls of Congress, in statehouses, or in court, until these discriminatory policies return to the dustbin of history, where they belong.”

In a robust concurrence, Judge Nancy Abudu acknowledged that “SB 264 was enacted for the specific purpose of targeting people of Chinese descent.” Judge Abudu concluded that the plaintiffs have shown a substantial likelihood that statute also violated the Equal Protection Clause of the United States Constitution. In doing so, Judge Abudu excoriated the District Court’s fraught reliance on the widely discredited century-old Terrace v. Thompson, 263 U.S. 197 (1923), case, determining that it “may have had support in 1923, but it is now 2024” and such laws are now subject to strict scrutiny.

NAPABA, together with its four Florida affiliates, joined an amicus brief before the Eleventh Circuit in the case, continuing our long history for over a decade of leading efforts to overcome the state’s legacy of anti-Asian alien land laws. This includes when Florida became the last state in the United States over five years ago to abolish such discriminatory language from its constitution, only to enact SB 264 last year. Throughout the country, NAPABA and its affiliates continue to fight these discriminatory measures through legislative advocacy and educating lawmakers and the wider public on the painful history and legal implications of wrongfully restricting the property rights of Asian American, Native Hawaiian, and Pacific Islander communities.

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The National Asian Pacific American Bar Association (NAPABA) represents the interests of over 60,000 Asian Pacific American (APA) legal professionals and nearly 90 national, state, and local APA bar associations. NAPABA is a leader in addressing civil rights issues confronting Asian American, Native Hawaiian, and Pacific Islander 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 all backgrounds in the legal profession.

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