NAPABA Warns Against Hateful and Divisive Political Rhetoric and Calls for National Unity to Stem the Tide of Hate

For Immediate Release:
Date: September 24, 2024
Contact:
Rahat N. Babar, Deputy Executive Director

WASHINGTON – Today, the National Asian Pacific American Bar Association (NAPABA) submitted a written statement for the record to the United States Senate Judiciary Committee that highlighted the dangers of divisive, reckless rhetoric and called on leaders to guard against the continuing demonization of immigrants and communities of color. During the Committee’s hearing on September 17, 2024, entitled, “A Threat to Justice Everywhere: Stemming the Tide of Hate Crimes in America,” a senator baselessly accused one of the witnesses, Maya Berry, an Arab American civil rights leader, of supporting foreign terrorist organizations. Despite the witness clearly and repeatedly stating that she did not support such organizations, the senator continued to interrogate her relentlessly.

“We have seen this playbook before, unfortunately, and members of the Asian American, Native Hawaiian, and Pacific Islander (AANHPI) community are no stranger to such offensive, differential treatment solely because of their national origin or religion,” observed Anna Mercado Clark, President of NAPABA. “For example, in this same Committee nine months ago, Adeel Mangi, a nominee to be a judge of the U.S. Court of Appeals for the Third Circuit, also endured hostile treatment based solely on his religion. Our national leaders must do better to avoid dangerous rhetoric, which can lead to horrific results in our communities if left unchecked.”

“The disturbing episode involving Maya Berry is reminiscent of the historical experience of so many members of the AANHPI community being labeled as ‘perpetual foreigners,’” said Priya Purandare, Executive Director of NAPABA. “In recent years, we have seen states throughout the country introduce and enact restrictions on the property rights of Asian Americans, and during this hearing, the Committee heard testimony of the rise of hate against Asian Americans following the false scapegoating against them during the COVID-19 pandemic.”

Especially in this political season, NAPABA’s statement called on leaders to “avoid the reckless rhetoric” and on all Americans to “unite in common cause to tackle our Nation’s problems together.”

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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.

NYS Division of Human Rights’ Hate and Bias Prevention Unit Launches New Hotline and Online Form

Last week, Governor Kathy Hochul and the New York State Division of Human Rights’ (DHR) Hate and Bias Prevention Unit (HBPU) announced the launch of a new phone hotline 844-NO2-HATE and online form to report hate and bias incidents.  

HBPU encourages all New Yorkers to contact the Unit if they or someone they know has experienced a hate or bias incident. This reminder comes as Jewish, Muslim, and other communities across New York State face prejudice in the aftermath of the horrific violence in the Middle East. 

In addition, HBPU stands ready to offer a wide range of assistance to community members, including support in filing complaints, organizing educational programming, hosting community dialogues, providing conflict resolution, and more. 

“The Division of Human Rights will continue to work to ensure New Yorkers can live with dignity, fulfill their potential, and participate fully in the life of the state. Antisemitism and anti-Muslim hate has no place in our communities. It’s vital that we address hate here at home, and work with our neighbors and communities to build a better world, filled with love for all,” said Commissioner Maria L. Imperial.

Launched by Governor Kathy Hochul in December 2022 and chaired by Lieutenant Governor Antonio Delgado, HBPU has established 10 regional Hate and Bias Prevention Councils across the state. The councils are comprised of a diverse network of stakeholders that include community and faith-based organizations, law enforcement, and other advocacy groups. HBPU also oversees a rapid response initiative, which offers support to communities impacted by hate or bias incidents, and will soon be launching a youth initiative. More information about HBPU can be found at dhr.ny.gov/nohate

NAPABA | Written Testimony for the U.S. Commission on Civil Rights


For Immediate Release:
 
Date: April 13, 2023 
ContactPriya Purandare, Executive Director

WASHINGTON – Last week, NAPABA submitted written testimony for inclusion in the record before the U.S. Commission on Civil Rights (USCCR) in response to its briefing and inquiry on the Federal Government’s Response to Anti-Asian Racism in the United States. As a bar association, NAPABA recognizes that serving the immediate legal needs of hate crimes and hate incident victims addresses only one critical aspect of the problem and that our community cannot prosecute or litigate our way out of this latest wave of anti-Asian hate.

NAPABA’s testimony advocates for a multi-modal response, and has called for legislation to: 1) strengthen law enforcement’s ability to identify, document, and respond to hate crimes, including by fully implementing provisions of the COVID-19 Hate Crimes Act; 2) address the mental health crisis that has accompanied the surge in anti-Asian hate with culturally and linguistically appropriate resources; and 3) increase educational resources to combat harmful stereotypes in order to address root causes of anti-Asian sentiment.

Over three decades ago, in a report entitled, “Civil Rights Issues Facing Asian Americans in the 1990s,” the USCCR identified a range of contributory factors underlying anti-Asian bias, including: 1) the model minority myth that Asian Americans are successful and do not suffer the discrimination or disadvantages associated with other minority groups; 2) perpetual foreigner syndrome where Asian Americans—even those born and raised in the United States are viewed as non-Americans and foreign; 3) stereotyping Asian Americans as meek and lacking in communications skills; and 4) limited English proficiency (LEP) within the Asian American population. More than 30 years later, these factors continue to persist and several have been cited by NAPABA in its groundbreaking Portrait Project reports as leading barriers to advancement by APA attorneys in the legal profession. 

Given how little has changed just in the past 30 years, it is clear that for generations of AAPIs, these barriers are engrained and systemic and only a holistic, multi-pronged approach that includes raising visibility and belonging through education, providing culturally appropriate mental health resources, and increasing language access, in addition to supporting law enforcement, can address anti-Asian sentiment.  

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League of United Latin American Citizens of New York Honors AABANY for Work in Fighting Anti-Asian Violence

On June 23, 2022, at 30 Rockefeller Plaza, the League of United Latin American Citizens of New York (LULAC NY) honored AABANY for its work in fighting Anti-Asian violence.

For 93 years, LULAC has been fighting for the civil rights of the Latin American community. The Director of LULAC NY, Aureo Ivan Cardona, spoke on the importance of teaming up with other organizations to fight injustice and hate, because any group could be the next victim or scapegoat.

LULAC presented President William Ng with a beautiful wood-carved plaque that says “Stop the Hate… Tolerate.” Joining Will at the reception were Beatrice Leong, Co-VP of Programs and Operations, Shirley Bi, Secretary, and Will Hao, Board Director.

AABANY thanks LULAC NY for bestowing this honor and recognizing AABANY’s anti-Asian violence work.

To learn more about LULAC’s work, see https://lulac.org/about/

In the News: Jennifer Wu and Lawrence Wee Featured by Bloomberg Law for Anti-Asian Violence Work

On June 10, 2022 AABANY Women’s Committee Co-Chair and AABANY Anti-Asian Violence Task Force member Jennifer Wu and AABANY Board Director Lawrence (“Larry”) Wee were recognized by Bloomberg Law in an article entitled “Why Paul Weiss Is the Pro Bono Go-To for Victims of Asian Hate.” Jennifer and Larry, both partners at Paul, Weiss, have represented some of the most high profile cases, including the families of GuiYing Ma, a grandmother who died after being bashed with a rock; Yao Pan Ma, an elderly man who was struck and kicked to death while collecting cans; and Zhiwen Yan, a deliveryman who was shot to death. 

Jennifer and Larry spearhead their firm’s pro bono work fighting anti-Asian hate. They cite their close ties to New York’s Asian community as a reason for their work. Larry is a preacher at a church in Chinatown and Jennifer’s husband, Andy Woo, is a community organizer in Chinatown. Jennifer and Larry feel an urgent sense of responsibility to fight hate against the Asian community. Their urgency is well supported by AABANY’s second anti-Asian violence report, Endless Tide: The Continuing Struggle to Overcome Anti-Asian Hate in New York, which shows an increase in incidents despite media attention and calls by elected officials for change on the issue. (Paul, Weiss attorneys assisted in editing and drafting the Endless Tide report.)

Gaining the trust of victims and their families is not easy and requires great cultural sensitivity. “Often, they don’t trust people with money, and they’re worried that you’re in cahoots with authorities,” Jennifer said. She meets her clients in noodle shops in Queens rather than Paul, Weiss’ Manhattan office. Jennifer and Larry, both Chinese speakers, are the most visible members of Paul, Weiss’ fight against anti-Asian hate. They are grateful for the many additional partners, including Loretta Lynch, Jeannie Rhee, and Alan Halperin, who have been essential to the effort. 

AABANY congratulates Jennifer and Larry on their well-deserved recognition. To read the full article, please click here

In the News: Elaine Chiu Interviewed on Korean Radio about Hate Crimes against Asian Americans in the U.S.

Elaine Chiu, Professor of Law at St. John’s School of Law, Academic Committee Co-Chair, and member of the Anti-Asian Violence Task Force at AABANY, detailed how hate crimes have affected Asian Americans in the United States in a special interview on a Korean Radio Show, Morning Wave In Busan, on June 6th, 2022. 

Prof. Chiu provided an overview of the situation by referring to the Center for the Study of Hate and Extremism. The Center reported that anti-Asian hate crimes have increased by 339% from 2020 to 2021. This alarming percentage is exemplified by the growing number of news reports and stories of Asian hate crimes experienced by Asian Americans across the country. 

Focusing specifically on New York City, Prof. Chiu, along with other members of AABANY’s Anti-Asian Violence Task Force, looked at the number of hate incidents against Asians reported to the New York City Police Department. In 2020, Prof. Chiu mentioned 28 hate crimes reported, in contrast to 2021, when a total of 131 hate crimes were accounted for in their report. This unprecedented increase of 361% traces back to the outbreak of the pandemic in March 2020. AABANY reported this in greater detail in its Endless Tide report, which followed the Rising Tide report published in 2021, to raise awareness about the hate crimes and violence that the AAPI community has experienced over the last two years. 

Prof. Chiu also states that AAPI Americans have long been victims of racial violence, discrimination, and exclusion. One of the most well-known victims of hate crimes is Vincent Chin. Chin, who was brutally murdered after being beaten by two white men in Detroit, caused an uproar Asian American community after his assailants received a mere $3000 fine and probation upon sentencing. Forty years after Chin’s brutal murder, Prof. Chiu states that it is clear that the pandemic did not create hate crimes against Asians but instead led to them. 

She also states that the explosion of hate crimes against AAPI persons can be attributed to the divisiveness pervasive in the United States, as demonstrated during Trump’s presidency when he enabled xenophobia against Asians by calling COVID-19 the “Kung Flu.” Moreover, with the rise of China as a global superpower, the racial lines are further exacerbated and felt by many Chinese Americans residing in the United States today. Prof. Chiu also states that the steady demise of mental health resources and Americans’ ready access to guns and deadly assault weapons can be contributing factors to this issue. 

Prof. Chiu ended the interview by affirming President Biden’s meeting with BTS (방탄소년단), a world famous K-pop group. BTS was invited to the White House to talk about Asian representation and  address the amount of misinformation regarding the rise in Anti Asian hate crimes. Prof. Chiu further highlighted the importance of how President Biden and BTS’s efforts extend a sense of hope and positivity for many. With the continued rise in hate crimes and attacks against Asians, Prof. Chiu called on everyone on social media, especially those who have influence and following like BTS, to continue to visibly oppose and actively resist hate crimes against the AAPI community.

Listen to Prof. Chiu’s full interview with Morning Wave In Busan here.

AABANY Attends Asian Justice Rally in Manhattan on January 30

Photo by Han Wen Zhang.

On Sunday, January 30th, a group of AABANY members from the Pro Bono & Community Service (PBCS) and Government Service & Public Interest (GSPI) Committees joined a nationwide rally for Asian justice. The AABANY group, led by May Wong, vice-chair of PBCS, and Kevin Hsi, co-chair of GSPI, held vibrant posters to raise awareness on anti-Asian hate and violence. 

The Asian Justice Rally was held on the anniversary of the death of 84-year old Thai grandfather Vicha Ratanapakdee, commemorating him and the many victims of Asian hate. The rally drew attendees in San Francisco, New York City, Los Angeles, Philadelphia, Chicago, Atlanta, and worldwide on livestream. In Manhattan, speakers included Senator John Liu,  Senator Chuck Schumer, Executive Director of the Asian American Federation Jo-Ann Yoo, NYC Public Advocate Jumanne Williams, the daughter of victim Vilma Kari, the aunt of the late Christian Hall, and Assistant District Attorney and AABANY member Grace Vee. 

A group of AABANY members, including co-chair of GSPI Kevin Hsi (far left), holding colorful printouts brought by AABANY member and event speaker Grace Vee. Photo by Han Wen Zhang.

“Silence is violence, we are not a virus.”

“Get it right the first time, that was a hate crime.” 

The crowd chanted in Foley Square, surrounded by the New York Supreme Court, the Federal Courthouse and the Manhattan Municipal Building. Hundreds of attendees held signs demanding justice and awareness. Around 2:45 pm, a minute of silence was observed in remembrance of the victims of anti-Asian hate. The rally ended with a march through the streets of Lower Manhattan.

Thank you to everyone who attended this event to denounce the hatred and violence faced by the AAPI community. To learn more about the Pro Bono & Community Service Committee, please visit https://www.aabany.org/page/117. To learn more about the Government Service & Public Interest (GSPI) Committee, please visit https://www.aabany.org/page/113. To view more pictures of the event taken by AABANY leaders Kevin Hsi and May Wong, please visit https://photos.app.goo.gl/nnxQ33UugR21NrNh6

Photo by Han Wen Zhang.

In the News: Board Director Chris Kwok Interviewed on The Debrief

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 [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].

T3 Project: Stand Together with AABANY and AALFNY in Turning the Tide Against Anti-Asian Hate and Violence

AABANY, in partnership with the Asian American Law Fund of New York (AALFNY), is pleased to announce the Turning the Tide (T3) Project. Following the February 10, 2021 publication of AABANY and Paul, Weiss’ report A Rising Tide of Hate and Violence against Asian Americans in New York During COVID-19: Impact, Causes, Solutions, AABANY established an Anti-Asian Violence Task Force to advance the proposals outlined in the report and consider other solutions to address the surge of anti-Asian hate and violence in the community. The Task Force advances the T3 project, which aims to incorporate a three-pronged approach encompassing education and communication, advocacy, and research, to address anti-Asian hate and violence. 

Please stand together with AABANY and AALFNY in turning the tide against anti-Asian hate and violence. We are now accepting donations to support the T3 Project. Donations can be made to AALFNY and will be tax deductible to the extent permitted by applicable law.

For more details about the T3 Project, please click here

AABANY Publishes Know Your Rights Brochure to Assist AAPI Community Members Experiencing Bias Incidents

To assist the Asian American and Pacific Islander (AAPI) community in New York City amid the surge of anti-Asian hate and violence, AABANY has created a Know Your Rights brochure to inform and educate AAPIs on their legal rights if they experience a bias incident or potential hate crime.

The brochure provides a background of the U.S. legal system, defining a hate crime according to the New York State hate crime statute and differentiates between a hate crime and a bias incident. It encourages individuals who have experienced an incident to focus on the facts and ask themselves: “Do I have evidence that an attack was motivated by a belief or perception about an individual’s race, color, national origin, ancestry, or gender?” The brochure also provides tips on what to do when individuals are experiencing a bias incident. This includes turning on sound or video recording; taking note of the attacker’s physical appearance and clothes; and collecting bystander witness contact information. The brochure then outlines the steps of what to do after experiencing a bias incident, such as pursuing action through the criminal justice system, a civil lawsuit, or non-legal option.

AABANY is available as a resource to the AAPI community. The bar association offers interpretation and translation services, provides information or referral services for individuals interested in pursuing a civil lawsuit, and can serve as a guide for individuals interested in exploring the criminal justice process and other forms of assistance.

To view the Know Your Rights Brochure, please see the links below:

English: https://cdn.ymaws.com/www.aabany.org/resource/resmgr/2021aav/KnowYourRights_Online_0513.pdf

Chinese (simplified): https://cdn.ymaws.com/www.aabany.org/resource/resmgr/2021aav/KnowYourRights_Online_Simpli.pdf

Chinese (traditional): https://cdn.ymaws.com/www.aabany.org/resource/resmgr/2021aav/KnowYourRights_Online_TradCh.pdf

Translations into other Asian languages are currently in process and will be uploaded soon. Please be on the lookout for that announcement.

If you have any questions about these Know Your Rights brochures, please feel free to contact AABANY at [email protected] 

Please feel free to share this post and the links to the PDF brochures widely. Please also print out and distribute hard copies to anyone who you think might benefit from receiving this information.