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November 8, 2023November 8, 2023

D.A. Bragg, Senator Hoylman-Sigal and Assemblymember Lee Announce New Legislation to Combat Hate Crimes

On November 6, at a press conference held at the New York County District Attorney’s Office, Manhattan District Attorney Alvin L. Bragg, Jr., New York State Senator Brad Hoylman-Sigal, and New York State Assemblymember Grace Lee announced the introduction of new state legislation called the Hate Crimes Modernization Act (S7737). This legislation aims to close existing loopholes in state law related to hate crimes. It expands the list of charges eligible for hate crime designation from 66 to 97, allowing for enhanced charges and sentences in cases involving hate crimes.

The legislation is a response to the rising number of hate crimes in New York City and New York State, with a record high of 650 reported hate crimes in New York City last year. The types of incidents have become more diverse, and the existing penal code has not kept up with these changes. Some significant charges were not previously included in the hate crimes law, such as Gang Assault, Making Graffiti, Sex Trafficking, Labor Trafficking, False Reporting, Criminal Possession of a Weapon, and certain sex crimes. The Hate Crimes Modernization Act is designed to address these issues and ensure greater accountability for individuals who commit offenses motivated by bias and prejudice.

AABANY’s contribution to fact-finding, statistical research and policy development is mentioned in the press release:

“Over the last few years, through its Anti-Asian Violence Task Force (AAVTF), AABANY has been closely monitoring and studying the sharp rise in hatred and violence against the New York AAPI community,” said Yang Chen, Executive Director, Asian American Bar Association of New York (AABANY). “We have worked closely with the Manhattan D.A.’s office and have shared several proposals for reform, including legislative reform. D.A. Bragg’s office has been open and receptive to our suggestions, and we commend the time and effort the office has put into drafting proposed changes to the hate crimes laws. We believe the current proposed statutory reforms to the New York hate crimes law represent a step in the right direction, and we look forward to continuing our collaboration with the Manhattan D.A.’s office to bring about effective hate crimes prosecution and enforcement.”

The legislation has garnered support from various community leaders, organizations, and government officials, including Manhattan Borough President Mark Levine, New York City Councilmember Keith Powers, the New York Police Department’s Hate Crimes Task Force, the NYC Office for the Prevention of Hate Crimes (OPHC), and multiple advocacy groups representing diverse communities. The bill is seen as a necessary step to combat hate crimes, protect marginalized communities, and hold perpetrators accountable for their actions.

To read the full press release, click here.

December 26, 2017

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

For Immediate Release
Dec. 19, 2017

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

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

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

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

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

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

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

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

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

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

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).

February 27, 2014

PRESS RELEASE: NAPABA SUPPORTS GOVERNOR BREWER’S VETO OF HATEFUL ANTI-LGBT BILL

FOR IMMEDIATE RELEASE February 27, 2014

Contact: Emily Chatterjee (202) 775-9555

NAPABA SUPPORTS GOVERNOR BREWER’S VETO OF HATEFUL ANTI-LGBT BILL

Remains Vigilant As Similar Bills Are Proposed In Other States

WASHINGTON — Last night, Arizona Governor Jan Brewer vetoed SB 1062, legislation that would have enabled businesses to disregard municipal ordinances under the banner of religious freedom, and allowed them to discriminate against individuals who identify as LGBT.

“Governor Brewer’s decision to veto SB 1062 is a victory for everyone who opposes discrimination and supports the civil rights of all Americans, including those of our LGBT brothers and sisters, but it is disheartening that hateful legislation like this ever reached her desk,” said William J. Simonitsch, president of the National Asian Pacific American Bar Association (NAPABA). “Religious claims have been asserted in the past to justify slavery, segregation, and bans on interracial marriage. On Tuesday, we sent the Governor and other Arizona leaders a letter outlining our opposition to this latest religious justification for discrimination. We let them know that if the Governor allowed SB 1062 to become law, NAPABA would consider relocating its Annual Convention in November out of Phoenix/Scottsdale.”

Were it not for Governor Brewer’s veto Wednesday evening, Arizona would have been the first state to enact legislation enabling corporations and individuals to deny services simply by asserting that they were acting because of a “sincerely held religious belief.” Supporters of the bill did not hide the fact that this bill targeted lesbian, gay, bisexual and transgendered people. SB 1062 would have undercut the non-discrimination ordinances that include sexual orientation passed by several Arizona municipalities. Other states that are considering or have recently considered similar legislation include Kansas, Georgia, Tennessee, Oklahoma, South Dakota, Missouri, Ohio, and Idaho.

“We won this round, but we must remain vigilant in Arizona and elsewhere because many states have contemplated or are contemplating bills similar in nature to SB 1062, and may do so again in the future,” said Arizona attorney George C. Chen, president-elect of NAPABA. “Religious freedom is important, but discrimination under the guise of religious freedom is not acceptable anywhere in our nation. At the same time, we need to support the work of many cities in Arizona (including Phoenix, Tucson, and Flagstaff) that have passed non-discrimination ordinances regarding sexual orientation. Individuals, corporations, professional organizations, and many others in these communities strongly opposed SB 1062, and it was in large part due to their efforts that pressure was brought to bear on Governor Brewer.”

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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 over 40,000 attorneys and 67 national, state, and local Asian Pacific American bar associations. Its members include solo practitioners, large firm lawyers, corporate counsel, legal service 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.

May 6, 2013December 4, 2018