Press Release: Coalition Calls on Inspector General to Investigate Possible Profiling of Asian American Scientists

WASHINGTON — The National Council of Asian Pacific Americans (NCAPA), National Asian Pacific American Bar Association (NAPABA), OCA – Asian Pacific American Advocates (OCA) and Asian Americans Advancing Justice were joined by 77 Asian Pacific American, civil rights and civil liberties organizations in sending a letter today to the Department of Justice Inspector General Michael E. Horowitz seeking an independent investigation into what appears to be a trend of Asian American scientists being arrested and indicted for espionage-related crimes, only to later have all charges dropped, without explanation.

60 Minutes recently highlighted the cases of Temple University Physics Department Chair Dr. Xiaoxing Xi and National Weather Service Hydrologist Sherry Chen, bringing these cases renewed national attention.

Last November, NCAPA and NAPABA led a letter to U.S. Attorney General Loretta Lynch urging her to lead a Department of Justice investigation. Forty-two members of Congress also requested a full investigation, followed by aCongressional Asian Pacific American Caucus letter to Inspector General Horowitz last month.

In April 2016, the Department of Justice issued new rules to provide greater oversight, consultation, and coordination for all national security related cases. While these are welcome improvements, they leave unanswered critical questions about what happened in the cases of Dr. Xi and Ms. Chen and whether profiling played any role.

“Members of Congress as well as the civil rights and legal communities continue to be concerned that individuals appear to have been targeted for investigations based on their perceived race, ethnicity, or national origin,” said NAPABA President Jin Y. Hwang. “As we have seen in the cases of Dr. Xiaoxing Xi and Ms. Sherry Chen, these investigations upend lives and have lasting impacts even after charges are dropped. We continue to urge the Department of Justice to conduct thorough and independent investigations to assure the American public that the protections afforded by the Constitution and enshrined in Department policy prohibiting profiling are being followed in the interest of preserving a fair and unbiased legal system.”

“OCA is concerned with the apparent practice of racial profiling in national espionage cases. Both Sherry Chen and Professor Xi’s cases highlight the very human costs of charges brought to court with insufficient evidence,” said OCA Chief Executive Officer Ken Lee. “The treatment that both of them endured must never happen again. That is why we, along with our partners at NCAPA, NAPABA, and the Asian Americans Advancing Justice network, sent a letter to the Inspector General’s office. We remain committed to ensuring that there is an independent investigation of the Department of Justice by the Inspector General’s office to determine whether or not race, ethnicity, and national origin is a determining factor in all national espionage cases, particularly in the cases against Asian Americans. To allow our nation’s headquarters for legal justice to use such underhanded tactics to persecute individuals would be a mockery of the advances our country has made in civil rights and equal and equitable treatment for all Americans.”

“Dr. Xi and Ms. Chen have already suffered enough professionally and psychologically. They deserve answers–and so do the American people,” said NCAPA National Director Christopher Kang. “We are deeply concerned by even the appearance of anyone being targeted because of their race, ethnicity or national origin, and we must prevent any practice of profiling from happening again. The Department of Justice must preserve our fundamental values of fairness and due process and protect our civil rights and civil liberties.”

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

NCAPA Welcomes Department of Justice Rules that Could Address and Prevent Profiling of Asian American Scientists

FOR IMMEDIATE RELEASE
APRIL 27, 2016

Contact: Mary Tablante;
(202) 706-6768;
[email protected]

The U.S. Department of Justice issued new rules to provide greater oversight, consultation, and coordination for all national security related cases.

Although the Department of Justice did not directly tie these changes to any particular case, they appear to be in response to recent high profile cases in which Asian Americans were suspected of economic espionage but were wrongfully indicted and arrested without the full support of the facts.

“We welcome the Department of Justice’s new rules to provide greater oversight in national security cases,” said NCAPA National Director Christopher Kang. “When espionage-related charges are brought against Asian American scientists and dropped without explanation, it gives at least the appearance of profiling based on race, ethnicity, or national origin. Changes were clearly necessary, and while we hope that the additional coordination and oversight will prevent future incidents from occurring, these new policies are too late to repair the damage to the lives, reputations, and careers of Dr. Xiaoxing Xi and Sherry Chen. Both deserve a public apology, and Ms. Chen deserves to keep her job.”

Science has reported that charges have been dropped against five Chinese-born scientists accused of crimes related to trade secrets theft or economic spying. U.S. citizens Dr. Xiaoxing Xi, chair of Temple University’s physics department, and Sherry Chen, a hydrologist at the National Weather Service, were each accused of sharing secret information with China. All charges against both were dropped, but left lasting damage to their careers and reputations.

In response, last November, the National Council of Asian Pacific Americans (NCAPA) and the National Asian Pacific American Bar Association (NAPABA), along with more than 70 Asian American and Pacific Islander, civil rights, and civil liberties organizations, sent a letter to U.S. Attorney General Loretta Lynch calling for an independent investigation into these cases.


Based in Washington, D.C., the National Council of Asian Pacific Americans is a coalition of 35 national Asian Pacific American organizations that serves to represent the interests of Asian American, Native Hawaiian, and Pacific Islander (AANHPI) communities and to provide a national voice for our communities’ concerns. Our communities are the fastest growing racial/ethnic group in the United States, currently making up approximately six percent of the population.

70+ Asian Pacific American, Civil Rights, and Civil Liberties Organizations Urge U.S. Attorney General to Investigate Possible Profiling of Asian American Scientists

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For Immediate Release
Nov. 16, 2015

For More Information, Contact:
Brett Schuster, Communications Manager
[email protected], 202-775-9555

70+ Asian Pacific American, Civil Rights, and Civil Liberties Organizations Urge U.S. Attorney General to Investigate Possible Profiling of Asian American Scientists

“We firmly believe that otherwise innocent actions by Americans must not become suspicious simply because of the person’s ethnic surname or perceived national origin.”

WASHINGTON — The National Council of Asian Pacific Americans (NCAPA) and the National Asian Pacific American Bar Association (NAPABA) are joined by 70 organizations in sending a letter today to U.S. Attorney General Loretta Lynch seeking an independent investigation into what appears to be a trend of Asian American scientists being suspected of economic espionage, indicted and arrested, without the full support of the facts.

Science magazine has reported that in the past year alone, charges have been dropped against five Chinese-born scientists accused of crimes related to trade secrets theft or economic spying. The most recent cases of potential profiling involve U.S. citizens Dr. Xiaoxing Xi, chair of Temple University’s physics department, and Sherry Chen, a hydrologist and employee of the National Weather Service. All charges against both were dropped — but not before wreaking irreparable damage to their lives, careers, and reputations.

“We are deeply concerned at the prospect of anyone being targeted for their race, ethnicity, or national origin,” said NCAPA National Director Christopher Kang. “Two is a coincidence, and three is a trend. It is time for a full and independent investigation into the cases of Dr. Xi and Ms. Chen, so there is not even an appearance of profiling in cases moving forward.”

“We thank the more than 70 organizations in our growing coalition — from 16 NCAPA organizations and the NAACP to the ACLU and People For the American Way,” Kang continued. “This is not a Chinese American issue or an Asian American issue. It is an American issue — to preserve our fundamental values of fairness and due process and to protect our civil rights and civil liberties.”

“Americans across the country are very concerned that individuals appear to be targeted for investigations based on their perceived race, ethnicity, or national origin,” said NAPABA President Jin Y. Hwang. “Attorney General Lynch must lead a thorough and independent investigation to assure the American public that the protections afforded by the Constitution and enshrined in Department policy prohibiting profiling are being followed. The broad and diverse coalition of more than 70 civil rights and legal organizations calling for this investigation highlights the importance of a fair and unbiased legal system to our country.”

Dr. Xiaoxing Xi and Sherry Chen will join a Congressional Asian Pacific American Caucus (CAPAC) press conference Tuesday, Nov. 17, at 9:30 a.m. EST in the Capitol (H-137) with Representatives Judy Chu (CA-27) and Ted Lieu (CA-33).

Earlier this month in a letter led by Representatives Ted Lieu, Judy Chu and Keith Ellison, 42 members of Congress called upon Attorney General Lynch to lead the Department of Justice in an independent investigation.

Learn more in NCAPA’s one-pager on this issue.

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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 approximately 50,000 attorneys and approximately 75 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).