In the News: AABANY Board Director Chris Kwok Interviewed (Again) on the Rise in Anti-Asian Hate Crimes

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On April 26, Chris Kwok, AABANY Board Director, AABANY Issues Committee Chair, and Co-Executive Editor of AABANY’s report on anti-Asian violence, was featured on PBS’s Metrofocus program. Host Jenna Flanagan interviewed Chris and The City reporter Christine Chung on the surge in hate crimes against Asians in the United States as well as steps to take to prevent these crimes. In the interview, Chris explained that, oftentimes, the circumstances of the incident make it very difficult to prosecute a perpetrator for a hate crime. As a result, Chris stated, hate crimes against Asians are severely underreported and that the incidents are often classified only as assault or harassment. Chris also emphasized the universality of the issue of hate crimes, while noting that perpetrators were not of a single race. Chris also explained the importance of the wider community’s role in combating hate crimes. Towards the end of the interview, Chris noted that “I think we need to get to a point where we care for each other as New Yorkers, have each others’ back. You know, get back to a sense of the city where we take care of each other a little more.” Watch the full segment here.

On May 1, Chris was quoted in FOX 5, which echoed his sentiments regarding the importance of reporting hate crimes and incidents of racially-motivated harassment. As Chris said, “[h]aving an official record of these things is useful for tracking the sentiment of anti-Asian hate and harassment.” Read the full news story here.

Please also take a look at previous blog posts from February 19, March 1, March 8, and March 15, and March 29, 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 [email protected].

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 [email protected].

NAPABA Partners With Asian & Pacific Islander American Health Forum to Address COVID-19 Through CDC Grant Funding Opportunity

For Immediate Release:        

Date: April 27, 2021

Contact: Priya Purandare, Executive Director

WASHINGTON – NAPABA is proud to announce that the Asian & Pacific Islander American Health Forum (APIAHF) has awarded it grant funding under the Center for Disease Control and Prevention’s (CDC) Engaging AANHPI Communities in Adult Vaccination (EVAC) program. Under this award, the first received in its history, NAPABA will leverage its nationwide network of nearly 90 affiliate organizations and its expertise at the intersection of language access and anti-Asian hate violence to enhance vaccine confidence and uptake of COVID-19 and influenza vaccinations.

“The nearly 4,000 reported incidents of anti-Asian hate, and the countless acts of hate that go unrecorded, has had an impact on our communities to live safely, including getting vaccinated for COVID-19. Community members are scared to leave their homes and are not making appointments for the vaccinations for fear of being targeted,” said Priya Purandare, Executive Director of NAPABA. “In this environment, we especially want to ensure that the most vulnerable AANHPI persons are able to receive the vaccine: the elderly, those with limited English proficiency, recent arrivals, undocumented persons, those on the unconnected side of the digital divide, and others who lack access to COVID-19 information and vaccinations. We are honored to collaborate with APIAHF and over 20 partners nationwide to ensure vaccine confidence, access, and equity.”

In recognition that vaccine messaging will be conducted in the same communities experiencing increased threats and attacks based on the falsehood that AANHPIs are responsible for the pandemic, NAPABA and APIAHF have developed a ground-breaking collection of Combat Hate Crimes Toolkits translated into 25 different AANHPI languages – the largest compilation of its kind. These toolkits provide critical information for victims, community-based organizations, and community leaders on how to report attacks to law enforcement and how to help AANHPI communities deter future threats. NAPABA supports vaccination efforts by deploying these legal and advocacy educational resources in tandem with COVID-19 vaccine information so that AANHPI community members feel safe to leave the house, obtain their vaccines, and return to normalcy without suffering the additional threat of bias motivated attacks.

“NAPABA and its membership has THE largest nationwide boots on the ground reach of any AANHPI organization in the country, including in discrete and hard to reach areas where little infrastructure exists for the community,” said Juliet K. Choi, President and Executive Director of the APIAHF. “This historical and innovative strategic partnership with NAPABA will increase COVID-19 vaccination education by leveraging their members who are trusted civic leaders in their local communities that work to address community needs across a wide spectrum of issues.”

NAPABA plans to mobilize its nationwide network of nearly 90 affiliates and our members’ substantive legal expertise across a range of areas, drawing especially on its innovative work in linguistic access, and will be hiring an Education Coordinator for COVID-19 Vaccination Equity to help fulfill this mission.

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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.

NAPABA | 1612 K St. NW, Suite 510 | Washington, DC 20006 | www.napaba.org

In the News: Chris Kwok Quoted in The City about Anti-Asian Harassment Incidents against Older Asian New Yorkers

On April 20, 2021, Board Director Chris Kwok was quoted in an article published by The City titled “Older Asians Face ‘A Whole Wave’ of Hate Hidden in Official NYPD Stats.” The article reviewed the NYPD’s statistics on harassment reports and highlighted the 11% increase of second-degree harassment incidents against Asian New Yorkers older than 65 in 2020 compared to 2019. Further, the article describes how reports of harassment are rarely investigated due to how hate crimes and harassment are classified under New York penal law and criminal procedural law. “For crimes against Asian Americans, it seems like there’s a default like we begin with ‘It’s not a hate crime’ and we’re going to have to look for things that prove it is,” stated Chris. He believes that district attorneys should elevate the charges to more serious offenses, even if they cannot be designated as hate crimes.  

The article notes that the NYPD has tried to prevent the increase of harassment incidents in New York by deploying undercover Asian police officers in the community: “In three incidents this month, undercover Asian police officers were targeted in Manhattan, according to the NYPD. All three suspects were arrested and charged with hate crimes. In the most recent incident, on Saturday, police allege a man attempted to shove the officer into subway tracks, saying: ‘That’s why you people are getting beat up. I got nothing to lose.'” Despite this, harassment cases are often dismissed by judges and anti-Asian violence incidents are still underreported.

Chris Kwok was also quoted in an April 15th World Journal article “仇恨亞裔案件列「反新冠」欄目 批評人士:警低估危機” about the underreporting of anti-Asian hate crimes in 2020.

Please also take a look at previous blog posts from February 19March 1March 8March 15March 29, and April 12 quoting Chris Kwok or mentioning AABANY’s report on anti-Asian violence. If you have come across a news report or article about our report that is not listed above, please let us know at [email protected].

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 [email protected].

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.

Member Profile: Chris Kwok Reconstructs the Hidden Narratives of Asian America

In response to the anti-Asian violence and harassment exacerbated by COVID-19, Chris Kwok has created important spaces for the APIA community to address and heal from these discriminatory acts. As Chair of the Issues Committee of AABANY, Chris has organized numerous panels and discussions to educate individuals about the history of anti-Asian racism and xenophobia relating to public health crises, and has co-authored an op-ed for the New York Daily News on the topic.

Born in China, Chris moved to the United States in 1979, where his family was among the first wave of Asian immigrants to settle in Flushing. He had always been interested in history and was able to focus on Chinese and Asian American history as an undergraduate at Cornell. He then went on to UCLA Law School to continue his developing interest in civil rights and critical race theory. Chris served as a mediator for the New York District Office of the U.S. Equal Employment Opportunity Commission (EEOC). Chris also served on the White House Initiative on Asian Americans and Pacific Islanders and was the founding chair of the Asian American Pacific Islander Network. Currently, he is a mediator of labor and employment disputes at JAMS.

The idea that Asian Americans are carriers of disease is not new–it is deeply rooted in Western and American thought. Chris cites the bubonic plague outbreak in San Francisco in the early 1900s as an example of APIA communities being subjected to similar hatred and discrimination we see today. In order to better understand and combat the anti-Asian violence and rhetoric from COVID-19, and also to become better citizens and community members, Asian Americans must be aware of their own history in this country. Unfortunately, Asian American history is not mainstream: this education is not taught but must be self-directed. Through his programs and discussions, Chris hopes to share this under-acknowledged history and “reconstruct the narratives that are hidden in plain sight for most Asian Americans.” 

Over the past two months, Chris has organized and been featured in many events addressing anti-Asian violence and harassment. On April 3, he led a panel discussion through the National Asian Pacific American Bar Association (NAPABA) that aimed to educate Asian American lawyers on the history of using public health concerns to justify anti-Asian sentiments. On April 20, Chris participated in a virtual town hall with Alvin Bragg, former Chief Deputy at the New York State Attorney General’s Office, where he spoke to a larger audience about multi-racial coalition building to combat all types of hate crimes. Chris also spoke on a panel for the Asian American Arts Alliance on May 19, where he discussed the rise in COVID-19 hate crimes and how Asian American artists have the power to retell the lost narratives of the APIA community in American history. On May 28, Chris gave the introductory remarks for a panel responding to a virtual trial reenactment of the Vincent Chin case, where he highlighted the relevance of Vincent Chin’s murder in the current environment of anti-Asian harassment and violence. Finally, Chris served as a panelist for the Thomson Reuters Asian Affinity Network on May 28, where he spoke to a corporate audience about the need to build consciousness and address these anti-Asian sentiments in a setting where conversations about diversity and inclusion are generally more constrained.

From the responses he has received from the discussions and panels, Chris has realized that Asian Americans yearn for a space to have these conversations about their histories and identities. The political and social culture that Asian Americans live in limits their opportunities to talk through experiences with discrimination, especially within a public sphere. Chris highlighted that many Asian Americans, given the current context of George Floyd’s murder and the greater Black Lives Matter protests, do not believe they should speak out about their own experiences of anti-Asian violence and harassment. There is no question that the Black community faces longer, systemic, and deadly forms of discrimination. But this does not mean that Asian Americans must be apologetic when talking about their own experiences with racism or stop having conversations addressing their own histories and identities. Rather, the APIA community can show solidarity with the Black community and recognize the experiences of African Americans, while also fighting against and raising awareness of anti-Asian sentiments. Both of these conversations can occur at the same time, as long as Asian Americans acknowledge the context and connection of their experiences to those of the Black community.

Finally, Chris stressed that the APIA community must never stop talking about their history and the prevalence of anti-Asian violence and harassment. Everyone has a different role to play in fighting discrimination and hatred against the APIA community: some may lead important conversations and movements, while others may financially contribute to community groups. Each individual must do “one more thing than what they’re doing already,” as their efforts may inspire others to do the same. When Asian Americans have discussions about their identities and histories, they raise greater consciousness of Asian American issues and contribute to ending these acts of anti-Asian violence and hatred.

We thank Chris Kwok for facilitating much-needed conversations within AABANY and the greater APIA community. Chris will be speaking on a panel for the 2020 Federal Bar Association Eastern District of New York Diversity Forum: The Impact of COVID-19 on Minority Communities on June 23, 2020. To register for this event, see https://www.aabany.org/events/event_details.asp?legacy=1&id=1386519.  For more information on the Issues Committee, see https://www.aabany.org/page/154.

Asian American Federation Hosts Community Upstander Training To Stop Anti-Asian Harassment

On Wednesday, May 27, 2020, from 1 PM to 3 PM, the Asian American Federation will be hosting an Upstander Training workshop to address the ways that xenophobia and scapegoating since the COVID-19 outbreak continue to rise, most consistently against Asian communities.

Through a presentation and interactive break-out groups, participants will explore opportunities and strategies to be “upstanders” during the current moment and help disrupt this wave of anti-Asian bias through safety interventions, de-escalation tactics, and calling-in strategies.

Register for this event at https://www.eventbrite.com/e/community-upstander-training-tickets-105204906708.

AABANY Hosts Panel Addressing Anti-Asian Violence and Hate Arising From COVID-19 (Korean)

On Sunday, May 17, 2020, the Pro Bono & Community Service Committee of the Asian American Bar Association of New York (AABANY) hosted the Korean version of its webinar series, “Anti-Asian Violence and Hate Arising from the COVID-19 Pandemic.” The presentation addressed the increase in violent incidents against Asians in the community and included a discussion of the rights that victims and bystanders have when a racially motivated confrontation occurs, as well as what actions rise to the level of a prosecutable offense.

The webinar featured moderator, Sean Dong Min Rhee, a Northeastern University law student, as well as two panelists: Kings County Assistant District Attorney Stephanie Pak and Naomi Jeehee Yang, an Associate at Paul Weiss.

During the presentation, Stephanie Pak explained what actions would constitute a hate crime (P.L. §240.30) and aggravated assault (P.L. §485.05) as set forth in New York Penal Law. She also gave examples of actions that would rise to a criminal level so that community members would be able to recognize incidents which they should report to law enforcement agencies or their local District Attorney’s office. Furthermore, Stephanie emphasized that when Korean victims are called Chinese during an assault, this does not invalidate the action from being prosecuted as a hate crime but rather makes the issue ripe for prosecution.

The other panelist, Naomi Jeehee Yang, shared information on who to contact during or after these incidents, as well as a few helpful tips that can help prosecutors and law enforcement. She stressed the importance of recording an incident because the evidence is often a key component in successfully prosecuting assailants. If this is not an option, it is important to call 911, as phone calls to police are recorded and can also be used as evidence during a criminal trial. Most importantly, Naomi spoke on the significance of reporting these anti-Asian episodes. If incidents are reported there will consequently be a more accurate number of cases in which Asians are being victimized in the community. This, in turn, increases the visibility of this issue and will spur action by government officials and policymakers – bringing about legislation or resources that can be helpful to the Asian community.

Thank you to our panelists, the excellent attorneys at Paul Weiss for their pro bono assistance, and our volunteers at the Pro Bono Committee for planning and organizing our Anti-Asian Violence and Hate Arising from the COVID-19 Pandemic webinars. We will have more community presentations on topics related to COVID-19 and its impact on the AAPI community this month. For more information on anti-Asian harassment and violence, email [email protected], call our hotline at 516-690-7724, and check out the resources that AABANY has compiled at https://www.aabany.org/page/covid19.

View the video of the webinar by clicking on the image above.

AABANY Clinic Hosts COVID-19-related Anti-Asian Violence and Hate Webinar

On Wednesday, May 13, 2020, the Asian American Bar Association’s (AABANY) Pro Bono & Community Service Committee hosted the webinar, “Anti-Asian Violence and Hate Arising from the COVID-19 Pandemic.” This event addressed the increase in violent incidents against the Asian American community, and the relevant State and Federal laws for victims and witnesses of these hate crimes who seek to report them.

The webinar featured panelists David Chiang, Supervising Assistant District Attorney, Queens District Attorney’s Office; Joe Gim, Deputy Chief, Nassau County District Attorney; and Julia Kerr, Associate at Simpson Thacher & Bartlett LLP. Eugene Kim, a volunteer at AABANY’s Pro Bono Clinic, moderated the panel.

David Chiang, Supervising Assistant District Attorney, Queens District Attorney’s Office, discussed New York Penal Law § 240 and § 485, both of which elevate sentencing for bias incidents to the criminal level. Section 240, covering Aggravated Harassment in the Second Degree, states that threats of physical violence based on the perception of race are considered as misdemeanors. Section 485, the Hate Crime Law, enhances sentencing for incidents proven to be motivated by bias.

Joe Gim, Deputy Bureau Chief, Nassau County District Attorney’s Office, advised victims and bystanders of anti-Asian hate crimes to record the crime by taking a video of the incident with their phones or calling 911. Doing so would not only preserve the evidence necessary to strengthen the case against the perpetrator but also publicize these hateful acts to highlight the prevalence of anti-Asian violence. Even if the victim is not willing to come forward, whether due to language barriers or distrust of law enforcement, bystanders can still report the crime. After preserving evidence and notifying the police, the police will file a Complaint Report, and the case will either result in an arrest or be handed off to prosecutors and end up in trial.

Julia Kerr, Associate at Simpson Thacher & Bartlett LLP, concluded the webinar by encouraging individuals to report incidents of anti-Asian violence to both government and non-governmental organizations to prevent future hate crimes. In addition to calling 911, victims and bystanders can also reach out to the New York State and New York City Hate Crime Task Forces, MTA Hotline, local District Attorney, and NY Attorney General’s Office. Other resources include AABANY, Asian Pacific Policy and Planning Council, Asian Americans Advancing Justice, National Asian Pacific American Bar Association, Communities Against Hate, Equality Watch, Southern Poverty Law Center, and Anti-Defamation League. 

We thank the panelists for joining us for this CLE program and Eugene for serving as the moderator. Look forward to more community presentations on COVID-19 and its impact on the APA community this month. For more information on anti-Asian harassment and violence, email [email protected] or call our hotline at 516-690-7724.

View the video of the webinar by clicking on the image above.

NYCCHR Chair and Commissioner Carmelyn Malalis’ Response to a Rise in Anti-Asian Harassment and Hate Crimes

The recent spike in Anti-Asian harassment and hate crimes have prompted a strong response by NYCCHR Commissioner Carmelyn Malalis. Encouraging New Yorkers to stand together against discrimination, she describes the history of scapegoating in times of crisis and the dangers of fearmongering. She encourages individuals to combat Asian-American stereotypes and misconceptions that underplay anti-Asian racism. With Malalis at the helm, the NYCCHR has formed a COVID-19 response team to handle reports of discrimination and harassment. She strongly encourages victims and bystanders to record and report such incidents to the NYC Commission on Human Rights.

Celebrate APA Heritage Month with AABANY

Despite the restrictions against public gatherings during COVID-19, AABANY has remained active and busy for APA Heritage Month, hosting multiple community presentations about anti-Asian harassment and violence on May 13, 16, and 17, in English, Mandarin, Cantonese, and Korean.

We will continue to celebrate APA Heritage Month during the remainder of May, and we hope you will join us at the following events. Please follow the links for further details and to register.

Wednesday, May 20
AABANY Members Invited: Lowenstein Cooks for a Cause
5:00-6:30 PM
Zoom Conference
To register: https://www.aabany.org/events/event_details.asp?legacy=1&id=1379391

Thursday, May 21
AABANY Co-Sponsors: General Counsel Virtual Panel
4:30-6:00 PM
Zoom Conference
To register: https://www.aabany.org/events/event_details.asp?legacy=1&id=1374410

Thursday, May 21
White & Case Presents a Virtual Screening of Alternative Facts: The Lies of Executive Order 9066
4:15 PM
Zoom Conference
To register: https://www.aabany.org/events/event_details.asp?legacy=1&id=1379976

Wednesday, May 27
AABANY Co-Sponsors: COVID-19: Relief for Small Businesses Webinar Series Part 1 (Labor and Employment Law)
5:00 PM – 6:00 PM
Webinar
To register: https://www.aabany.org/events/event_details.asp?legacy=1&id=1380520

Thursday, May 28
AABANY Co-Sponsors: A Virtual Trial Reenactment: Remembering the Murder of Vincent Chin
3:00-5:00 PM
To register: https://www.aabany.org/events/event_details.asp?legacy=1&id=1380200

Thursday, May 28
AABANY Co-Sponsors: COVID-19: Relief for Small Businesses Webinar Series Part 2 (Restructuring and Bankruptcy Law)
5:00 PM – 6:00 PM
Webinar
To register: https://www.aabany.org/events/event_details.asp?legacy=1&id=1380546