NAPABA Condemns Executive Orders Undermining the Legal Profession
WASHINGTON – The legal profession is of constitutional significance. The right to counsel is fundamental, and the judiciary as a coequal branch of government is charged with peacefully resolving disputes that inevitably arise in a vast and complex nation. Undermining the legal profession undermines democracy.
Over the past few weeks, the Administration issued executive actions against three law firms: Covington Burling LLP, Perkins Coie LLP, and Paul, Weiss, Rifkind, Wharton & Garrison LLP. These actions included the suspension of security clearances and a review and termination of government contracts. For two of the firms, the Administration limited their access to federal government buildings and interactions between the firms and government officials.
One executive order accused global law firms of having a role “in the destruction of bedrock American principles.” Another executive order described one of the law firm’s activities as “dishonest and dangerous.” The executive actions plainly expressed a displeasure with the firms’ representation of certain clients that the Administration disfavors. Some of the executive actions are now subject to litigation.
The National Asian Pacific American Bar Association (NAPABA) condemns these attacks. From the founding of this Nation, lawyers have represented clients regardless of their stature in society. NAPABA is the national voice of the Asian Pacific American legal profession. We promote justice and equality. Members throughout our community zealously represent their clients each and every day, including those at the three law firms. When attorneys are unable to represent their clients free from intimidation and threats, our profession and justice system are jeopardized.
NAPABA also rejects the calls for the impeachment of judges simply because of their rulings. As Chief Justice John Roberts shared recently, “impeachment is not an appropriate response to disagreement concerning a judicial decision. The normal appellate review process exists for that purpose.” We agree.
### 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.
On January 30th, 2025, AABANY, together with the South Asian Bar Association of New York (SABANY), co-sponsored a CLE program entitled “Diversity, Equity and Inclusion 2.0, Featuring Jenny Yang.” The event, offering 1.0 credit hours towards the Diversity, Inclusion, and Elimination of Bias requirement, discussed the current situation and potential future of DEI programs in the wake of the current administration’s Executive Orders.
Jenny Yang, former Chair of the U.S. Equal Employment Opportunity Commission and previous White House Deputy Assistant to the President for Racial Justice and Equity, shared her informed perspective on the issue.
The event was hosted by Fragomen, Del Rey, Bernsen & Loewy, LLP at their midtown New York office. Attendees streamed in starting as early as 5:30 pm. Then, the program began with some opening remarks by SABANY President Ashish Bhatt, AABANY Executive Director Yang Chen, and an introduction of the keynote speaker by Glenn D. Magpantay, Co-Chair of the AABANY LGBTQ Committee and Commissioner for the US Commission on Civil Rights.
Jenny first shed some light on current developments with the new administration and some of the Executive Orders that have been issued. She described how they do not alter the laws currently in place surrounding DEI, and how, for employers engaging in fully lawful DEI programs, these Executive Orders have no effect. She went on to talk about the current perception held within the country that DEI programs in essence are a form of affirmative action but noted that view to be incorrect because they do not “save spots” for specific marginalized groups and instead analyze already existing workforce data to identify disparities in the workforce and then address them. Additionally, she mentioned the wording in many of these Executive Orders referring to “illegal DEI programs” and how companies and industries are scared into retreating and reducing their DEI initiatives as a result.
Ultimately, Jenny asserted how important it was to recognize that the vast majority of DEI programs are legal under Federal laws such as Title VII and that companies, especially law firms, should not back down in the face of these Executive Orders.
She closed the presentation by noting that the future of DEI programs in the United States is largely uncertain, expressing the hope that they can persist and strive to be more inclusive. A vibrant question-and-answer session followed, during which attendees asked about various topics, from the validity of specific Executive Orders already in place to the potential actions of the administration to undermine previous protections granted by federal legislation, such as Title VII.
Thank you to AABANY’s Issues and Memberships Committees for co-sponsoring this event, as well as to Fragomen, Del Rey, Bernsen & Loewy, LLP for hosting. To learn more about the Issues Committee, click here. To learn more about the Membership Committee, click here.
WASHINGTON – On his first day in office, President Donald J. Trump issued executive orders that jeopardize the constitutional guarantee of citizenship for all persons born in the United States, the right to seek asylum, the refugee resettlement system, the LGBTQ+ community, and several other critical areas impacting our community as outlined below. The National Asian Pacific American Bar Association condemns these actions unequivocally. They run counter to the core values of NAPABA, the interests of the Asian American, Native Hawaiian, and Pacific Islander (AANHPI) community, and the tenets of this Nation.
Birthright Citizenship for U.S.-Born Individuals
Since the end of the Civil War, the Fourteenth Amendment promised future generations that they would be treated equally under the law. It also included an equal claim to citizenship to all persons born in the United States, regardless of stature or the circumstances of their parents. The executive order upends that promise. It refuses to recognize the birthright citizenship of any child born in the United States to a moth er who is lawfully present on a temporary basis, like those on work or student visas, and a father who is neither a U.S. citizen nor a lawful permanent resident.
The Asian American community is no stranger to such unconstitutional attacks. More than 125 years ago, a young Chinese American, Wong Kim Ark, who was born in San Francisco, sought to return to the United States after a trip to visit his family in China. The government denied him entry and claimed that he was not an American citizen. The U.S. Supreme Court disagreed, holding that a child born in the United States to noncitizen parents is entitled to automatic citizenship. United States v. Wong Kim Ark, 169 U.S. 649 (1898). Congress confirmed that understanding in federal law. See 8 U.S.C. § 1401.
Wong Kim Ark is settled law. If the executive order is left to stand, countless families within the Asian American community—the majority of whom are immigrants and the children of immigrants—would be impacted, unsettling their lives. The fundamental constitutional guarantee to citizenship cannot be discarded by a stroke of the pen, and NAPABA strongly opposes any effort to weaken the right under the Fourteenth Amendment.
Asylum, Refugee Resettlement, and Trust with Immigrant Communities
NAPABA recognizes the need to address the situation at our southern border. But we must not compromise our values as a Nation that welcomes immigrants and protects refugees. The President’s executive order eliminates any avenue for individuals—including many who hail from Asian countries—to claim asylum at the southern border. The order also suspended the entry of refugees under the U.S. Refugee Admissions Program.
These executive actions are inconsistent with our country’s obligation under domestic and international law to provide refuge to those fleeing persecution and war. With nearly three million such refugees from Southeast Asia fleeing conflicts in the 1970s and new generations arriving since, the protections offered by the United States as a leading signatory to the International Refugee Convention and 1967 Protocol are critical to uphold.
The Asian American story is one of perseverance, with countless numbers throughout history fleeing persecution for a better life in the United States. We need not turn our back on history or the generations seeking refuge. NAPABA has consistently supported the refugee resettlement program and this Nation’s long history of welcoming those from Asia seeking the protections of our Constitution.
Further, our immigrant communities are better served and safer where there is trust. Coercing state and local law enforcement agencies to carry out federal civil immigration enforcement undermines that trust and damages the relationship with the communities that they serve. For the Asian American community that endured the recent wave of anti-Asian hate, the fear of immigration consequences places an unnecessary obstacle to report and address hate crimes.
In another executive order, the President sought to restrict federal funds to jurisdictions “which seek to interfere with the lawful exercise of Federal [immigration] enforcement operations.” The choice by state and local leaders to decline voluntary cooperation with federal civil immigration enforcement is not only lawful, but one that prioritizes the best interests of their communities. Jurisdictions ought not to be penalized for advancing public safety in their region.
Diversity, Equity, and Inclusion
In a call to action several months ago, NAPABA emphasized how the majority of diversity, equity, and inclusion initiatives serve to increase access and opportunity, not stifle them. President Trump’s action to eliminate those efforts in the federal government is misguided and impacts AANHPI communities. The executive order purports to advance “equal dignity and respect,” yet its actions yield the opposite.
Diversity, equity, and inclusion efforts minimize bias and barriers while fostering unity. And contrary to the executive order, not only do such initiatives advance the promises of the Civil Rights Act of 1964, they bring greater meritocracy to our workplaces, unlocking individual potential and belonging across the board where everyone has a fair shot at success.
LGBTQ+ Dignity
Every person, regardless of how they identify their gender, deserves respect, dignity, and the equal protection of the law. Another executive order attacks and jeopardizes the transgender and broader LGBTQ+ community, potentially undermining workplace and school protections, and denying access to essential public services and health care.
NAPABA firmly believes in the rights and dignity of the LGBTQ+ community. Just recently, NAPABA opposed H.R. 28, which would exclude those in the transgender, nonbinary, and intersex community from athletic programs in schools. The policies of government ought to be guided by the inclusion of all segments of our communities, not the exclusion of the most vulnerable.
Capital Punishment
In another executive order, the President reversed the last administration’s moratorium on capital punishment and reauthorized the Attorney General to pursue the death penalty. NAPABA stands opposed to the death penalty, which is disproportionately imposed on members of minority groups, individuals suffering from mental illness, and individuals raised in poverty. It does not deter crime, and it is not necessary for the administration of justice. We reiterate our call that the death penalty be abolished.
NAPABA is a nonpartisan, nonprofit organization representing the interests of well over 80,000 AANHPI legal professionals. Our community is diverse, spanning across cultures, language, and political ideologies. NAPABA has worked diligently with presidents, administrations, and congressional members of both parties to advance the interests of our community.
But as an organization of legal professionals, we bear a special responsibility to uphold the rule of law. Regardless of the presidential administration, NAPABA will continue to advance justice, with the AANHPI community at the forefront along with all communities of color, our values, and our policy positions.
### The National Asian Pacific American Bar Association (NAPABA) represents the interests of over 80,000 AANHPI 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.
WASHINGTON — The National Asian Pacific American Bar Association (NAPABA) and the South Asian Bar Association of North America (SABA) condemn the anti-immigrant and xenophobic Executive Orders issued yesterday by President Trump. Notably, the orders (1) revive the “Secure Communities” immigration enforcement program, which was previously criticized for promoting racial profiling by local law enforcement officials who were required to enforce federal immigration laws, (2) implement policies that may result in the deportation of tens of thousands of undocumented immigrants who pose no threat to the American people, and (3) strip federal funding from “sanctuary cities,” that protect countless immigrants and their families by refusing to prosecute residents for violations of federal immigration laws.
The policies announced yesterday encourage racial and religious profiling and almost exclusively target communities of color. There are 1.3 million undocumented Asian Pacific Americans, including those brought to the United States as children, whose families will be directly affected by these orders. In recent months, Arab, Middle Eastern, Muslim, Sikh, and South Asian Americans have been the targets of more hate incidents and violence than at any time since the immediate aftermath of Sept. 11 — with a noticeable increase in anti-immigrant bias. These Executive Orders that breed distrust of immigrants will only serve to make our communities less safe.
“Actions like the President’s executive orders have been shown in the past to discourage victims from reporting crimes to law enforcement officials because of fear of prosecution based on immigration status and threatens the years of progress we have made towards creating safer communities,” said NAPABA President Cyndie Chang. “As attorneys, we are committed to ensuring that all persons in the United States have equal access to justice and the ability to seek assistance from law enforcement without fear of reprisal or harm.”
“The President’s actions demonize and stigmatize groups of people and further the divisions in our country, while reinforcing the fear and distrust permeating our communities,” stated Vichal Kumar, president of SABA. “With the stroke of a pen, these divisive actions have caused grave uncertainty, shock and grief amongst our must vulnerable. We must continue to provide safety and security for our communities and not allow these divisive actions to further tear us part.”
These orders, along with the reportedly forthcoming executive actions to restrict immigration based on nationality and religion and to close our borders to refugees, represent a rejection of our core values as a country, which has always welcomed those who have been forced to flee their homes to escape conflict or persecution. These actions also represent a step backwards in decades-long efforts to create trust between law enforcement agencies, immigrant communities, and the broader American public — which is a critical component of public safety for all Americans.
Sanctuary policies promote positive relationships between law enforcement and immigrant communities and studies indicate they have not led to increases in crime. Local jurisdictions have enacted these policies to encourage victims and witnesses of crimes to step forward as a matter of public safety. Threatening funding for such jurisdictions may jeopardize the effective operation of our legal system and public safety for all Americans.
The orders further criminalize immigrant communities and will lead to an increase in detention and deportation. The orders expand enforcement priorities to include anyone convicted of any crime, without respect to the seriousness of the crime, and those who are not charged with a crime. Further, Secure Communities led to an increase in racial and national origin profiling by law enforcement resulting in thousands of U.S. citizens being detained.
Immigrant communities and their families contribute to our nation, regardless of origin or status. As attorneys whose families come from a wide range of immigrant and religious backgrounds, we understand that these policies will not make us safer or unite us as a country and NAPABA and SABA will continue to stand up for the rights of immigrants and religious minorities. We encourage our members and all members of the legal community to join us to stand up for the rights of our communities.
Aneesh Mehta Vice President of Public Relations SABA North America (770) 316-9018 [email protected]
NAPABA is the national association of Asian Pacific American attorneys, judges, law professors, and law students. NAPABA represents the interests of over 50,000 attorneys and over 75 national, state, and local 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 engages in legislative and policy advocacy, promotes APA political leadership and political appointments, and builds coalitions within the legal profession and the community at large. NAPABA also serves as a resource for government agencies, members of Congress, and public service organizations about APAs in the legal profession, civil rights, and diversity in the courts.
SABA North America (formerly NASABA/North American South Asian Bar Association) is a voluntary bar organization and serves as an umbrella organization to 26 chapters in the United States and Canada. SABA North America is a recognized forum for professional growth and advancement for South Asian attorneys in North America and seeks to protect the rights and liberties of the South Asian community across the continent. Learn more at www.sabanorthamerica.com.
