Tag: discrimination

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NAPABA Condemns Passage of Bills That Would Reinstate the “China Initiative” and Plant the Seeds for a National Alien Land Law

For Immediate Release:
Date: September 12, 2024		Contact:
Rahat N. Babar, Deputy Executive Director

WASHINGTON – On September 11, 2024, the United States House of Representatives passed two bills that, if enacted, would racially profile members of the Asian American, Native Hawaiian, and Pacific Islander (AANHPI) community under the guise of national security. While policymakers have the prerogative to address the legitimate national security concerns confronting the United States, they may not enact discriminatory laws that target the AANHPI community. In no uncertain terms, the National Asian Pacific American Bar Association (NAPABA) condemns the actions of the House, which instill unwarranted fear and suspicion on individuals solely because of their national origin.
First, the House passed H.R. 1398, Protect America’s Innovation and Economic Security from CCP Act of 2024, a bill that would reinstate the disbanded and discredited China Initiative program within the U.S. Department of Justice. NAPABA has previously denounced the China Initiative, which created a chilling effect around scholars of Chinese ancestry and, at worst, countenanced impermissible racial profiling.

Second, the House passed H.R. 9456, Protecting American Agriculture from Foreign Adversaries Act of 2024, a bill that would require the Committee on Foreign Investment in the United States (CFIUS) to review any agricultural land purchases, regardless of size or scope, by any person from China, North Korea, Russia, or Iran, even if they are lawfully present in the United States, green card holders, have nothing to do with the regimes in these countries, or refugees fleeing persecution from those governments. By mandating such a referral to CFIUS, the bill would effectively designate any individual from those countries as a national security risk based solely on national origin.

NAPABA has long opposed legislation that discriminates based on national origin alone rather than on evidence of malign conduct and has worked with policymakers at all levels to avoid discriminatory policies. Such policies equate ordinary Chinese, Korean, Iranian, and other persons with governments, political parties, or state-owned enterprises even if they have no affiliation with such entities. While NAPABA recognizes the geopolitical tensions and competition with countries such as China, the passage of laws that restrict civil rights without an appropriate and legitimate, evidence-based nexus to national security creates an atmosphere of distrust that easily targets Asian Americans, not just those of Chinese descent.  As the political rhetoric rises in this election season, leaders must avoid actions that promote bigotry and racism against Asian Americans.

NAPABA objects to the passage of these bills and calls on the United States Senate to reject them.

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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 and Fred T. Korematsu Institute Form Pioneering Affiliation to Champion Civil Rights, Combat Anti-Asian Bias, and Promote Civic Empowerment

For Immediate Release: 
Date: August 24, 2023 		NAPABA Contact:
Priya Purandare, Executive Director
Fred T. Korematsu Institute Contact:
Michelle Mitchell, Communications Director

WASHINGTON – The National Asian Pacific American Bar Association (NAPABA) and the Fred T. Korematsu Institute, a 501(c)(3) national civil rights education organization based in San Francisco, announced a historic, groundbreaking affiliation formalizing their organizations’ longstanding relationship based on a shared interest in promoting civic participation, racial equity, and civil rights. The affiliation will strengthen the missions of both institutions by increasing resources and understanding and combating anti-Asian discrimination and bias through education and advocacy.

The Korematsu Institute was founded on the legacy of Fred Korematsu, a Japanese American who, in 1942, refused to comply with the World War II Executive Order to forcibly remove and incarcerate American Citizens of Japanese descent in prison camps. After he was arrested and convicted of defying the government’s order, he appealed his case to the United States Supreme Court. In an infamous decision that joins the ranks of Dred Scott v. Sandford and Plessy v. Ferguson, the Supreme Court ruled against him, holding that the incarceration was justified due to military necessity. After discovering that the government had withheld evidence and that the Solicitor General lied to the Court, Korematsu’s conviction was overturned in 1983 through a writ of Coram Nobis. In 1998, he was awarded the Presidential Medal of Freedom, our nation’s highest civilian honor, for his steadfast advocacy.

“My father’s decades-long fight against injustice in the face of discrimination was not only a legal and constitutional achievement, but a story of individual humanity that resonates with so many in this country,” said Dr. Karen Korematsu, Founder and President of the Korematsu Institute. “While law schools teach my father’s case to dissect legal principles, we cannot forget what he and so many other incarcerated Japanese Americans experienced on a human level during that dark period in our nation’s history.”

Founded in 1989, NAPABA is the nation’s largest Asian Pacific American membership organization representing the interests of 60,000 attorneys, judges, law professors, and law students. NAPABA is a leader in addressing civil rights issues confronting Asian American, Native Hawaiian, and Pacific Islander communities. Without question, its values align with the spirit of Fred Korematsu’s advocacy and the Institute’s commitment to equality.

“Fred Korematsu’s case, and that of fellow Japanese American detainees such as Minoru Yasui, Gordon Hirabayashi and those of Fred Oyama and Sei Fujii, who challenged alien land laws after their properties were illegally seized, are not just historical precedents — they are the legal framework we use to fight discrimination against Asian Americans, Native Hawaiian, and Pacific Islanders,” said Sandra Leung, President of NAPABA. “It is important for all Americans to understand the leading role that Asian Americans, Native Hawaiians, and Pacific Islanders have played in shaping the civil rights jurisprudence of this nation.”

“Fred Korematsu’s journey, now more than ever, is a seminal, timeless story — especially at a time in our nation and in the world marked by growing ignorance and intolerance, fueled by advances in technology and the swiftness of disinformation,” said Peggy Saika, Board Chair of the Korematsu Institute. “We are confident that between the Institute’s long-standing care of his legacy and NAPABA’s reach in the legal community, we will safeguard the opportunity to continue learning the lessons of Fred Korematsu’s strength for generations to come.”

“This affiliation will amplify the impact of both NAPABA and the Korematsu Institute,” said Priya Purandare, Executive Director of NAPABA and the Korematsu Institute. “With the Institute’s expertise and K-12 educational and public resources, we can collectively bring the stories of Fred Korematsu and other AANHPI civil rights legal icons to inspire future generations of Americans.”

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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.

The Fred T. Korematsu Institute, named after Presidential Medal of Freedom recipient Fred Korematsu, is a national education advocacy organization committed to promoting civic participation and education to advance racial equity, social justice, and human rights for all. Through its educational programs, media and exhibits, and speaking engagements, the Korematsu Institute inspires people and organizations to, as Fred said, “stand up for what is right.”

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NAPABA Endorses the Preemption of Real Property Discrimination Act

For Immediate Release: 
Date: May 25, 2023		Contact:  Rahat N. Babar, Deputy Executive Director for Policy

WASHINGTON – In response to the troubling rise in state legislative activity attacking an individual’s right to purchase real property based on the purchaser’s citizenship, the National Asian Pacific American Bar Association (NAPABA) endorses the Preemption of Real Property Discrimination Act. Introduced today in the United States House of Representatives by Rep. Judy Chu of California, who chairs the Congressional Asian Pacific American Caucus, and Rep. Al Green of Texas, the bill would nullify any state law that prohibits or otherwise restricts an individual’s right to purchase real property based merely on that individual’s citizenship.

“NAPABA will not stand idly by when our community, especially those who trace their ancestry to China, becomes the target of ill-advised efforts by state policymakers to strip them of their fundamental rights to pursue a livelihood,” said Sandra Leung, the President of NAPABA.

“These efforts eerily recall ancient alien land laws, which were enacted over a hundred years ago, that barred Asian immigrants from owning land. Such laws belong in the dustbin of history, and they have no place in our nation today. While policymakers are free to address the legitimate national security concerns of the United States, they may not enact discriminatory laws on the backs of the Asian American, Native Hawaiian, and Pacific Islander community.”

NAPABA’s support today for the Preemption of Real Property Discrimination Act coincides with the leadership of NAPABA affiliates across the nation to combat state legislation targeting our community. This past week, the Louisiana Asian Pacific American Bar Association (LAPABA), with NAPABA’s support, opposed legislation that, if enacted, would have barred innocent parties from purchasing or leasing real estate. Similarly, the Alabama Asian Bar Association (AABA), also with NAPABA’s support, led the opposition to a bill in Alabama that would prevent “any individual who is a citizen of China” from purchasing any real estate.

The actions of LAPABA and AABA build on NAPABA’s collaboration with our Florida affiliates – the Asian Pacific American Bar Association of Tampa Bay (APABA-TB), the Asian Pacific American Bar Association of South Florida (APABA-SF), the Greater Orlando Asian American Bar Association (GOAABA), and Jacksonville Asian American Bar Association (JAABA) – and our Texas affiliates – the Asian American Bar Association of Houston (AABA Houston), the Austin Asian American Bar Association (Austin AABA), and the Dallas Asian American Bar Association (DAABA) – in combatting similar efforts in Florida and Texas. NAPABA is grateful for their leadership.

NAPABA extends its thanks and appreciation to Chairperson Chu and Rep. Green for introducing the bill.

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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.

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NAPABA Opposes H.R. 734 and Discrimination Against Transgender Persons

For Immediate Release: 
Date: March 9, 2023		Contact:  Priya Purandare, Executive Director

WASHINGTON – March 9. The National Asian Pacific American Bar Association (NAPABA) opposes H.R. 734, recently introduced in the House of Representatives as the “Protection of Women and Girls in Sports Act of 2023,” which would effectively ban transgender and intersex girls and women from participating in school sporting activities that align with their gender identities.

NAPABA is proud that last month, its Board of Directors ratified a policy resolution sponsored by its LGBTQ+ Network, that affirms the civil, constitutional, and human rights of transgender and non-binary youths, including those within the AAPI community, and recognizes their rights to participate in school sports and to receive the social, educational, developmental, and physical and mental health benefits of athletic participation. NAPABA’s policy resolution also expressly opposes discriminatory legislation that prohibits transgender students from participating in school sports as violative of their rights under Title IX.

Transgender youth experience disproportionately higher instances of bullying, harassment, isolation, family rejection and suicide, and exclusion from the benefits of athletic participation should not be yet another risk they face. H.R. 734 is inconsistent with NAPABA’s values of equality, community, advocacy, relationships, diversity, equity, inclusion, open-mindedness, and the health and wellbeing of our members and the Asian American and Native Hawaiian and Pacific Islander communities, and the organization’s commitment to all underserved and underrepresented 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 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.

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In The News: AABANY’S Karen King Co-Authors New York Law Journal Article in DOJ’s China Initiative

On November 8, 2021, the New York Law Journal published an article co-authored by Pro Bono & Community Service Committee Co-Chair Karen King, together with fellow Morvillo Abramowitz Partner Telemachus Kasulis. The article is entitled “DOJ’s China Initiative’s Three-Year Anniversary: Growing Pains and Uncertainty.” 

The article discussess how the Department of Justice’s “China Initiative” encourages discrimination and racial profiling against Asian Americans. The China initiative was started three years ago to combat economic and national security threats from the Chinese government. The article reveals how in reality only a small portion of cases involved actual charges of economic espionage or conspiracy. In one instance, a Chinese Canadian engineering professor, Anming Hu, was wrongly prosecuted for being a Chinese spy and was acquitted of all charges this past September. 

The authors note a parallel of the China Initiative to other discriminatory acts: “Critics continue to liken the China Initiative to the Chinese Exclusion Act of 1882, the internment of Japanese Americans during World War II, McCarthyism, and racial profiling against Muslims in the wake of the September 11th attacks.” 

The article relates that the Biden administration has only made five new cases public. The authors note that the Biden administration appears to be stepping away from non-disclosure cases in which ties to the Chinese government appear weak. 

To read the full article, click on the following link: 

https://files.constantcontact.com/d6baf1e7801/f2add8b0-8343-4378-956c-6826d2ca9289.pdf

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THE ASIAN AMERICAN BAR ASSOCIATION OF NEW YORK, THE KOREAN AMERICAN LAWYERS ASSOCIATION OF GREATER NEW YORK, AND THE SOUTH ASIAN BAR ASSOCIATION OF NEW YORK JOIN IN A STATEMENT CONDEMNING ANTI-SEMITISM AND ALL FORMS OF HATE

The Asian American Bar Association of New York (AABANY), the Korean American Lawyers Association of Greater New York (KALAGNY), and the South Asian Bar Association of New York (SABANY) stand in solidarity with the American Jewish community and unequivocally condemn anti-semitism and all forms of bigotry, hatred, and discrimination. We join in this statement at the start of a New Year for Jewish people around the world, in hopes that together we can bring about greater understanding, peace and harmony in all our communities.

AABANY, KALAGNY, and SABANY recognize that there has been a staggering rise of hate crimes and intolerance against Jewish people. In recent months, we’ve seen attacks on Jewish communities and Jewish-owned places of business, and senseless violence against Jewish people. Many of our friends, family, and colleagues have been victims of such anti-semitism and bigotry.

As anti-semitism surges in the United States, we must do all that we can to put a stop to these hateful incidents. We are compelled to act now. As members of the bar and officers of the court, we strive to work together with our allies to eliminate anti-semitism and to enhance awareness of this injustice.

We are deeply concerned about the increase in anti-semitic sentiment, threats, and violence against our Jewish neighbors, friends, and community. We urge U.S. legal, political, civic, and faith leaders to denounce the use of hateful, anti-semitic rhetoric, which not only endangers the Jewish community, but also damages our national social fabric.

We will continue to strengthen the alliances between our nation’s Jewish and Asian communities, fight against all forms of bigotry and hatred, and stand together with communities facing discrimination.

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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.

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MNAPABA and NAPABA Statement on the Verdict in the Trial of Derek Chauvin

For Immediate Release: Date: April 20, 2021

Contact: Priya Purandare, Executive Director

Over the past year, in the wake of the tragic deaths of George Floyd, Ahmaud Arbery, and Breonna Taylor, amongst others, MNAPABA and NAPABA expressed their support of and solidarity with the Black community in Minnesota and across the nation.  Today, a jury in Minneapolis has convicted Derek Chauvin on all counts charged in the killing of George Floyd. MNAPABA and NAPABA acknowledge the pain and anguish of the Floyd family and the Black community, and we recognize this is but one chapter in the ongoing endeavor to improve accountability, training, integrity, transparency, and improvement of this country’s criminal justice system as we have called for in NAPABA’s Resolution in Support of the Black Community.

At this critical inflection point in race relations in the United States, and as our own communities face a surge in reported hate crimes and bias-motivated incidents, MNAPABA and NAPABA reiterate their commitment to stand in solidarity with the Black community in Minnesota and across the nation in our shared goal of combating racism, discrimination, hate crimes, and other forms of bigotry. NAPABA recognizes the long history of systemic inequality faced by the Black community in this country and reaffirms its resolution calling for accountability and improving standards of professionalism and conduct in law enforcement. NAPABA has called for building trust between law enforcement and communities of color including by promoting diversity, inclusion, and better training for law enforcement. Community and government leaders must work together to create that trust and fairness in the legal system by combatting bias and safeguarding civil rights, civil liberties, and access to justice for all. While there remains much more work to be done, we hope this outcome helps the country heal and put greater faith in the rule of law.

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The National Asian Pacific American Bar Association (NAPABA) represents the interests of approximately 50,000 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.

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NYC Commission on Human Rights Presents Day of Visibility on April 2, 2021 at 11 am

When:  Friday, April 2, 2021, 11am– 1pm

Meeting point:  10:45am to 11am in front of Holy Cross Church, 329 W 42nd St, New York, NY 10036

What:  Brief remarks from partner community members and Commissioner Malalis, then do a short business walk to distribute literature about the Commission to area businesses. Literature includes posters from the “I Still Believe in NYC” campaign with artwork by CCHR Artist in Residence Amanda Phingbodhipakkiya that affirms AAPI communities (see below link). We will also be distributing literature about how to report bias incidents and discrimination to law enforcement.

We understand that this event is taking place on Good Friday, a religious holiday observed by a lot of Filipino Catholics and other religious groups. Given that the woman who was attacked was on her way to church, and that we are reaching out to a house of worship as a partner, the faith component is an essential messaging through-line.

Finally, we want to emphasize that the focus of this Day of Visibility is to foster community building and restore a sense of trust and safety for Asian New Yorkers living and working in the area. As such, we do not plan on having elected officials speak at the event.

Additional Resources from the Commission on Human Rights:

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NAPABA Commends President Biden’s Memorandum on Anti-AAPI Xenophobia

For Immediate Release: Date: January 27, 2021

Contact: Priya Purandare, Executive Director

WASHINGTON – The National Asian Pacific American Bar Association (NAPABA) commends President Biden’s Presidential Memorandum denouncing discrimination and xenophobia against the Asian American and Pacific Islander (AAPI) community.

In the memorandum, President Biden directed the Attorney General, to investigate, document and address hate incidents and harassment against AAPIs. Additionally, the President directed the Department of Health and Human Services, in coordination with the COVID-19 Health Equity Task Force, to issue guidance, including language access, toward AAPIs in the nation’s COVID-19 response.

“Members of the Asian American and Pacific Islander community have been victims of increased acts of discrimination, hate and racist violence, and harassment during the COVID-19 pandemic, much of which has been underreported by the media,” said NAPABA president A.B. Cruz III. “We applaud President Biden’s efforts to unify the country by recognizing and addressing these despicable acts that have devastated our community and businesses. We strongly urge all leaders, organizations and individuals to join us and take a stand against hate.”

According to the Stop AAPI Hate project, there were over two thousand documented incidents of hate or violence targeting Asian Americans and Pacific Islanders over the summer of 2020 related to COVID-19.

Please see NAPABA’s Hate Crimes Center for more resources on how to respond to acts of hate. Organizations are invited to join NAPABA’s Stand Against Hate campaign. NAPABA addressed and condemned racist language in an organization statement last fall.

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The National Asian Pacific American Bar Association (NAPABA) represents the interests of approximately 50,000 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 in government and the judiciary on the local, state, and federal levels, 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.

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