The Asian American Bar Association of New York (AABANY) submitted a letter on April 24, 2023 to the United States Commission on Civil Rights (USCCR) expressing concern about the ongoing issue of anti-Asian hate and violence in the United States, particularly in New York. In the letter, we highlighted the increase in incidents during the COVID-19 pandemic and outlined the efforts of AABANY’s Anti-Asian Violence Task Force (AAVTF) in addressing these issues, including hosting webinars, publishing reports, advocating for legislative changes, and providing resources to support victims. While we appreciate the USCCR for drawing attention to anti-Asian crimes, we believe that there is much more work to be done. AABANY presented three recommendations to combat anti-Asian hate crimes: improved hate crime data reporting, recognition of the community as a victim and investigative partner, and appropriate training for prosecutors and law enforcement. We emphasized the importance of collaboration between the government, law enforcement, and community organizations to ensure the safety of the Asian American, Native Hawaiian, and Pacific Islander (AANHPI) community.
To read AABANY’s public comment in its entirety, please click here. AABANY gratefully acknowledges the efforts of Chris Kwok, Issues Committee Chair, and AABANY Student Leaders Jinny Lim, J.D. candidate, Seton Hall Law School ‘24, and Catherine Tran, J.D. Candidate, Columbia Law School ‘25, in preparing this submission.
On the two-year anniversary of Corky Lee’s passing from COVID-19, AABANY thanks the Estate of Corky Lee and all who came together to organize the photo exhibit “Photographic Justice: A Tribute to Corky Lee,” which was on public display at the Eastern District of New York courthouse, Brooklyn, New York, in the Charles P. Sifton Gallery, from May 2022 to January 2023.
AABANY was proud to have organized a preview reception on May 19, 2022, during AAPI Heritage Month, and to be a Gold Sponsor of the exhibit.
For more details, visit the Official Website of the Estate of Corky Lee
COVID-19 has put a spotlight on the mental health concerns of children and the epidemic of bullying impacting K-12 students across the country. As attorneys, NAPABA members are often asked to serve as a resource for those in need.
ANTI-BULLYING RESOURCE GUIDE For lawyers, we have created a guide on responding to acts of bullying and harassment in K-12 schools. This guide and accompanying CLE webinar will provide you with model responses and a guide to working with impacted families. We thank our partners at the American Arbitration Association/International Centre for Dispute Resolution Foundation (AAA/ICDR Foundation) for their support of this project. We thank the Asian Pacific American Bar Association of Pennsylvania, the Asian American Psychological Association, Act to Change, and the Sikh Coalition for offering their resources and guidance.
IN-LANGUAGE ANTI-BULLYING POSTERS For students and families, we have created a multilingual poster on how to recognize and navigate the impacts of bullying. You can share this resource in your local community, with impacted families and students, and clients. This project was created in partnership with the Asian Pacific Islander Health Forum (APIAHF).
Purpose of the survey: We are trying to learn more about the current and ongoing experiences and needs of Asian American, Native Hawaiian, and Pacific Islander communities during the COVID-19 pandemic.
Eligibility: (a) aged 18 or above; (b) self-identify as a(n) Asian American, Native Hawaiian, or Pacific Islander; and (c) be a person living in the United States.
Survey languages now available: English, Arabic, Bengali, Chinese (Simplified), Chinese (Traditional), Chuukese, Hindi, Japanese, Korean, Marshallese, Native Hawaiian, Nepali, Punjabi, Samoan, Tagalog, Tongan, Urdu, Vietnamese.
You will receive an Amazon gift card as a token of thanks for your participation after the survey has been completed. If you are interested in receiving the gift card, you will be asked to complete a short form at the end of the survey link. No survey information will be linked with your personal information.
If you have already taken this survey, please share with those who are eligible. If you have questions or concerns about the study, please reach out to Navdeep Singh, Interim Policy Director, at policy@napaba.org. Feel free to share this link with your family and friends, but we ask that you refrain from posting on your social media.
Survey participation needed to better understand community needs during the pandemic
NAPABA has partnered with the Asian & Pacific Islander American Health Forum (APIAHF) and the NYU Center for the Study of Asian American Health (CSAAH) to conduct a survey to learn more about the ongoing experiences and needs of Asian Americans, Native Hawaiians, and Pacific Islanders living in the U.S. during the COVID-19 pandemic. Input from this survey will help develop resources and programs to support these communities. You can take the survey here and it will remain open until 1,000 responses are collected.
Purpose of the survey: We are trying to learn more about the current and ongoing experiences and needs of Asian American, Native Hawaiian, and Pacific Islander communities during the COVID-19 pandemic.
Eligibility: (a) aged 18 or above; (b) self-identify as a(n) Asian American, Native Hawaiian, or Pacific Islander; and (c) be a person living in the United States.
Survey languages available: Currently the survey is available in English. Languages coming soon: Arabic, Bengali, Chinese (Simplified), Chinese (Traditional), Chuukese, Hindi, Japanese, Korean, Marshallese, Native Hawaiian, Nepali, Punjabi, Samoan, Tagalog, Tongan, Urdu, Vietnamese.
You will receive an Amazon gift card as a token of thanks for your participation after the survey has been completed. If you are interested in receiving the gift card, you will be asked to complete a short form at the end of the survey link. No survey information will be linked with your personal information.
If you have questions or concerns about the study, please reach out to Navdeep Singh, Interim Policy Director, at policy@napaba.org. Feel free to share this link with your family and friends, but we ask that you refrain from posting on your social media.
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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 APA 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.
On November 30, 2021, the New York State Bar Association presented the Bar Leaders Innovation Award in the Large Bar Association category to AABANY for its report A Rising Tide of Hate and Violence Against Asian Americans in New York During COVID-19. The award is presented to “recognize Bar Associations for adapting to the needs of their members and the community at large by introducing innovative programs, ideas, and methodologies that benefit everyone involved.”
The Dominican Bar Association (DBA) received an award in the Small Bar Association category in recognition of donating and delivering $10,000 worth of essential foods to at-risk families in the South Bronx. The award was accepted on behalf of DBA by the President, Doralyn De Dios.
A joint award was presented to the Muslim Bar Association of New York (MuBANY), in the Small Bar Association category, and Metropolitan Black Bar Association (MBBA), in the Medium Bar Association category, in recognition of program collaboration for members and communities most affected by COVID-19. MuBANY and MMBA started an Affinity Bar Collective which brought together a coalition of about twenty affinity bars (including AABANY) to collaborate on assisting members and communities most affected by COVID-19. President of MuBANY, Sania Khan, accepted the award on behalf of MuBANY and President of MMBA, Anta Cisse-Green, accepted the award on behalf of MBBA.
In the Medium Bar Association category, the Immediate Past President, Paula Engel, accepted the award presented to the Onondaga County Bar Association for the Bond, Schoeneck & King Series on Race and Justice in Central New York. The series was created to provide legal and non-legal programming aimed at opening a respectful, constructive and healthy dialogue about systemic racism and unequal access to justice in the community.
Terry discussed AABANY’s journey on writing the report. In 2020, AABANY embarked on this report in response to the increase in anti-Asian racism and violence. AABANY began to take measures to combat these issues which included a call for local and national leaders to denounce hate crimes and putting on programs to teach attorneys about hate crime. AABANY started the report in mid-2020 and published the report in February 2021. The proposals for change included more education on the history of anti-Asian violence, discrimination, hatred and xenophobia; increased diversity and inclusion in law enforcement and government; and improved collection and classification of data on hate crimes. To advance the implementation of the Report’s proposals, AABANY has formed an Anti-Asian Violence Task Force, which remains active and involves participation by numerous AABANY Committees. Although anti-Asian violence accounts have faded from the media, the Task Force is continuing the fight to turn the tide of hate and violence against the AAPI community.
Terry thanked MuBANY and MBBA for reviewing early drafts of the report. He also gave thanks to Paul, Weiss for co-authoring the report. Yang urged attendees to donate to the Turning the Tide (T3) Project, a joint initiative with AALFNY.
The New York County Lawyers Association also received an award in the Large Bar Association category in recognition of the COVID-19 Resource Center for lawyers. In March 2020, NYCLA announced the launch of their COVID-19 Resource Center which provided new content on a daily basis, expanded CLE Tuition Assistance Program, and offered low cost and no-cost online CLEs. The award was accepted by NYCLA President, Vincent Chang, a former AABANY President (2007).
AABANY previously received the Bar Leaders Innovation Award three times. In 2019, AABANY was recognized for its Pro Bono Legal Advice and Referral Clinic program, a collaboration with AALFNY. In 2016, AABANY received the award for its Seventh Annual Fall Conference: Speak Up / Rise Up / Lift Up. In 2013, AABANY was recognized for its trial reenactment, IVA: The Myth of Tokyo Rose, Allegiance on Trial.
AABANY congratulates all recipients of the award and thanks the New York State Bar Association for this honor and recognition.
AABANY’s Pro Bono & Community Service (PBCS) Committee would like to thank the remote and in-person volunteers who assisted at the Manhattan Chinatown pro bono clinic. This was the first pro bono clinic to take place at the 2 Allen Street, Manhattan location of Asian Americans for Equality (AAFE). PBCS and AABANY would like to thank AAFE for their co-sponsorship.
Fourteen attorneys, non-attorneys, and interpreter volunteers provided 20 clients with legal information and consultation services. Volunteers performed these services in a wide variety of languages and dialects- including Mandarin Chinese, Cantonese, Taishanese, and Fujianese- reflecting the ability of the pro bono clinic to meet the unique needs of NYC’s Chinatown community.
A substantial number of consultations pertained to housing issues, which remain relevant amid the COVID-19 pandemic. Many clients were informed of their legal rights and choices as tenants. In one instance, a client, who is a tenant in rent-stabilized housing, discovered that landlords of rent-stabilized units could not arbitrarily raise the rent of such units for “maintenance-related issues” without the permission of the Homes and Community Renewal agency of New York. The client also discovered that they were provided with a rental lease that was not authorized for use in rent-stabilized housing units.
We would once again like to thank the pro bono clinic volunteers for their dedication and support, which make the work of the clinic possible. Everyone is encouraged to sign up to volunteer below:
On Saturday, September 4, 2021, the Student Outreach Committee and the Pro Bono and Community Service (PBCS) Committee of the Asian American Bar Association of New York (AABANY) returned to Asian and Asian American communities across New York City to promote PBCS’s newly-back in person Pro Bono Clinic and AABANY’s COVID-19 Legal Know-Your-Rights Resources as well as AABANY’s Legal Referral and Information Service (LRIS).
The Brooklyn Chinatown volunteers were led by May Wong, Judy Lee and Kwok Ng of the PBCS Committee, the Koreatown volunteers were led by Victor Roh and Will Lee, a key leader and organizer of last year’s event, and the Manhattan Chinatown volunteers were led by Nicholas Loh and Dianna Lam, another key leader and organizer of last year’s event.
This campaign built off the energy and momentum of the initial flyering campaign held last year over the July 4 holiday weekend, during the height of the COVID-19 Pandemic. This year’s campaign saw the addition of another community, Brooklyn Chinatown, and included over 40 volunteers from AABANY and law schools across the Greater New York area.
The results were impressive. Over 1,000 flyers in Chinese, Korean and English were distributed to local small businesses promoting AABANY’s Pro Bono Clinic, Know-Your-Rights information, and the LRIS. Our student volunteers had meaningful opportunities to interact with small business owners who have been hit hard by a staggering two years of anti-Asian hate and violence, COVID-19 business disruptions, and the devastating impact on Asian businesses as a result of xenophobia and racism.
This event would not have been possible without the co-sponsorship of AABANY’s Student Outreach Committee, AABANY’s Pro Bono and Community Service Committee, AABANY’s Young Lawyers Committee, Asian Americans for Equality, APALSAs from all across the Greater New York area and Mayer Brown.
Read more about AABANY’s PBCS Committee and Pro Bono Clinic, about AABANY’s LRIS service here, HEART here, and Know Your Rights info here. Thanks to all the organizers, co-sponsors, and — especially — all the student volunteers.
On June 11, AABANY Board Director Chris Kwok was interviewed by Erica Byfield on News 4 The Debrief podcast for an episode titled “Anti-Asian Attacks and Relations With the Black Community.” In the episode, they talked about the ongoing hate and violence against Asian Americans across the United States and the longstanding history of society’s treatment of non-whites in America. Chris spoke about how fighting anti-Asian violence is connected to the Black Lives Matter and Me Too Movements because people are fighting for the same things—an equal, just society and an equal chance to be human. However, at the same time, people need to understand how race operates differently between Asian Americans, African Americans, and Latino Americans. Chris states, “Having these conversations in public, honestly, with people who know what they’re talking about, and who are sensitive to these topics, empathetic to people’s experiences, knowledgeable about our histories, about how they are intertwined, how they can be used against us, how we can then turn it around and use it for good. If we‘re able to sort of look at it square in the face is, I think, the way forward. There’s no other way.” In addition, Chris discussed the importance of following up with District Attorney’s Offices in New York City to ensure that hate crimes are addressed and perpetrators are held accountable. To listen to the full podcast, click here.
AABANY’s report on anti-Asian violence was also recently cited in a June 15 Indonesian article on alinea.id about the naming of viruses and diseases including Covid-19. The article discusses the increase of discrimination against Asian Americans in the U.S. after the widespread labeling of Covid-19 as the “Wuhan virus” and “Chinese virus” by former U.S. President Trump.
Please also take a look at previous blog posts from February 19, March 1, March 8, March 15, March 29, May 10, and May 17 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.
On May 26, the Asian American Bar Association of New York (AABANY), along with the New York City Bar Association (NYCBA) and the New York State Bar Association (NYSBA), hosted a CLE program about the rise in anti-Asian violence during the past year. Karen King, AABANY Pro Bono & Community Service (PBCS) Committee Co-Chair welcomed the attendees. Bret Parker, the Executive Director of the New York City Bar Association introduced the program and gave his thanks to the organizers of the event as well. Karen Kithan Yau, AABANY Board Director and the moderator for the event, introduced the program’s panelists: PBCS Committee Co-Chair and Morvillo Abramowitz Partner Karen King; AABANY Board Director, Issues Committee Co-Chair, Asia Practice Committee Co-Chair and JAMS Mediator Chris Kwok; Girls Rule the Law founder Mirna Santiago; Kings County DA Office Bureau Chief Kin Ng; and Legal Aid Society Cop Accountability Project attorney Jennvine Wong.
Karen King and Chris began the presentation for the event. Karen first discussed the origins of anti-Asian racism during the COVID-19 pandemic, explaining that anti-Asian bias incidents began very early on in the pandemic. The number of incidents only tapered off due to the stay-at-home orders, before increasing once again after President Trump’s inflammatory statements blaming Asians for the outbreak. Chris also pointed out that the New York Police Department (NYPD) often neglected to fully investigate the earliest occurrences of anti-Asian hate, regarding them as minor incidents. He also presented a brief history of anti-Asian violence, beginning with the Chinese massacre of 1871 which immunized violence against Asians and ending with the Vincent Chin case. Karen then discussed the causes of the violence against Asians. She explained that societal stress, inaccurate information, underreporting, lack of cultural awareness of the discrimination that Asians face, and prosecution’s tendency to not pursue hate crime enhancements all contributed to the increase in anti-Asian incidents. Chris also noted that the NYPD Asian Hate Crimes Task Force not only lacks funding, but that its members are already assigned to other departments in the NYPD and serve on the Task Force on a volunteer basis. The Black Lives Matter and the Defund the Police movements also eclipsed the issue of anti-Asian violence through the end of 2020. Karen explained that AABANY’s report on anti-Asian violence was written to document this issue and keep it in the public eye.
After the presentation, Karen Yau opened the conversation to the rest of the panelists. She began by addressing Mirna, asking her what it meant to be an ally. Mirna explained that the feeling of “otherness” is something that all minority groups face. She also emphasized the need to break away from tit-for-tat allyship and to build a trans-racial coalition united to fight against racism and hate.
Karen then turned to Kin and asked about the reasons why any hate crimes had yet to be successfully prosecuted. Kin explained that unlike other crimes, law enforcement must not only prove that the perpetrator committed the crime, but also must prove that the perpetrator was motivated by racist sentiments. This process is often lengthy and requires a great deal of investigation. Kin also pointed out that acquiring evidence of hate speech can be prevented by the victim’s inability to understand English. He acknowledged how frustrating the process was, but also encouraged the attendees to report any incidents, as establishing a pattern aids the prosecution of hate crimes.
Karen then followed up by asking how prosecutors dealt with the difficulties of investigating hate crimes. Kin explained that establishing trust between the District Attorney’s Office and people in the community is instrumental in acquiring evidence. He also pointed out that more funding and employing more bilingual individuals to act as a liaison between the DA’s Office and the community would aid prosecution immensely.
Karen then turned to the issue of over-incarceration. Addressing Jennvine, Karen asked her thoughts about combating anti-Asian incidents without turning to incarceration. Jennvine acknowledged the issue, emphasizing how hate crime enhancements disproportionately affect other minorities who are already overrepresented in the prison system. She also asserted that criminalization would obscure the root cause of the violence, white supremacy. Rather than buy into the media’s false narrative of blacks versus Asians, Jennvine explained that many Asian Americans and Pacific Islanders (AAPIs) are subjected to violence because they are trapped in poverty and living in unsafe neighborhoods. Jennvine concluded by contending that turning to the NYPD would not offer a viable long-term solution.
Karen then returned to Kin, asking if the new discovery laws had any effect on the prosecution of hate crimes. Kin explained that the new laws would allow the alleged perpetrator’s defense attorney to call witnesses in their homes because the defense is entitled to interview witnesses. This change has resulted in some individuals being less willing to testify, making underreporting more severe.
Karen then moved the conversation to bail reform. She described one incident where, due to the pandemic, the alleged perpetrator of a bias incident was not put on trial and walked free without an order of protection for the alleged victim for several months before going to court. Jennvine responded by emphasizing the importance of bail reform and how previous bail laws only gave victims a false sense of security. She also pointed out that orders of protection are typically granted and also tend to only give protection in name. Kin also noted that the large gap between the report of the incident and the court date was due to the extraordinary circumstances caused by the pandemic. The absence of an order of protection was due to the lack of a court hearing until the later date.
Karen then addressed Chris, asking about his experiences in speaking with the media. Chris explained that when the report was published in February of 2021, mass media was not aware of the basic facts about anti-Asian violence. When the media coverage began to recede in March, the Atlanta shootings gave new gravity to the situation, though much of the nuance about the issue was lost in the popular narrative which pits blacks against Asians. Nonetheless, Chris also noted that the attention Asians have received in the media is unprecedented.
Karen then turned back to Mirna, asking to what degree the conflict between Asians and blacks is real. Mirna emphasized the need to educate others and to reconsider our own bias when being an ally. She also highlighted Grace Lee Boggs, an Asian woman who was extremely active in the fight for black civil rights in the 1960s. She closed by reiterating the need for listening and empathy across communities.
Karen then inquired about the importance of symbols, such as swastikas, in prosecuting hate crimes. Kin responded that since Asian cultures are extremely diverse, finding a single symbol that could be employed as a hate symbol against Asians would be difficult. Kin also reiterated that the police’s ability to prove a connection between race and the crime depends largely on the amount of effort the police are willing to put into the investigation.
Karen’s final question was about the possibility of a program where alleged perpetrators could receive counseling from victims. Karen King disagreed, questioning its practicality, but supported counseling perpetrators. Mirna concurred, stating that it should never be the burden of the victims to help their perpetrators. Chris also emphasized the importance of education and cultural competency in combating racism and building solidarity.
Kin and Chris then closed the panel discussion by reemphasizing the need for reporting incidents, as the issue of anti-Asian violence would remain invisible unless victims and witnesses stepped forward to bring the issue into the spotlight.
The President of the NYSBA, Scott Karson, concluded the event by thanking the organizers, panelists, and attendees for participating in the event, and reiterated NYSBA’s solidarity with the Asian community. Karen Yau also encouraged attendees to volunteer for AABANY’s Hate Eradication Active Response Team (HEART), an initiative which would allow volunteers to connect community members who had experienced a bias incident with legal and mental health resources.
To learn more about the HEART initiative click here. To view the full video of the program, click here.
