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.
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.
On September 26, 2020, as part of AABANY’s 11th Annual Fall Conference, the AABANY Real Estate Committee and Issues Committee hosted a plenary session on the ongoing racial reckoning following the death of George Floyd and the rise in xenophobia against Asian Americans since the beginning of the pandemic. The panel included:
Margaret T. Ling, Development Director and Real Estate Committee Co-Chair at AABANY and Senior Counsel at Big Apple Abstract Corp. (Moderator)
Letitia James, 67th Attorney General for the State of New York
Rahul Agarwal, Executive Assistant United States Attorney at the United States Attorney’s Office for the District of New Jersey
Paula T. Edgar, Attorney, CEO of PGE LLC, and Partner of Inclusion Strategy Solutions LLC
Chris Kwok, Co-Chair of the Issues Committee and Asia Practice Committee at AABANY and a mediator and arbitrator with JAMS
Carmelyn P. Malalis, Chair and Commissioner of the New York City Commission on Human Rights
The esteemed panel discussed their experience addressing the issues of racism, bias, and xenophobia in their different capacities as government officials, bar association leaders, and diversion and inclusion specialists, especially in the context of the ongoing pandemic. As the opening speaker, Paula Edgar provided an informative presentation on systemic racism, the varying responses of Corporate America, and the importance for companies and law firms to invest in resources for diversity training as part of an urgent call to incorporate actionable plans into their missions for equity and inclusion. More importantly, allyship transcends performative activism, or surface-level activism, on social media and demands a sustained and active approach to listen to the experiences of marginalized communities, educate oneself on race-related history and issues, and speak out against any injustice.
In highlighting the importance of using our vote at this historical moment, New York State Attorney General Letitia James suggested that the participation of more people of color in law-enforcement can be one of the ways to sustain the BLM movement and push for substantive, lasting changes. Some of the projects at the Attorney General’s Office include a lawsuit against the US Postal Service for their attempt to delay the vote-by-mail ballots and an effort to advocate for immigrants to ensure that they are counted in the 2020 US Census. Attorney General James emphasized the need to stay hopeful and utilize our vote as citizens to protect our democracy.
Rahul Agarwal focused on the recent rise in hate crimes against Asian Americans and stressed the importance of active reporting on the part of community members to help law enforcement personnel investigate these crimes and open cases. Rahul explained that the law enforcement community takes reports on hate crimes very seriously because the perpetrators’ hatred often affects many individuals, and since the targeted population can become fearful, it is crucial for law enforcement to act quickly.
Noting from a survey the significant increase in people’s perception and experience with racial inequality since 2016, Carmelyn Malalis described the active outreach by the New York City Commission on Human Rights to marginalized communities and its employment of staffers who speak a total of over 30 different languages at the Commission to increase community engagement. Echoing Attorney General James’ comment on the value of allyship, Commissioner Malalis added that allyship also means recognizing that the constructed narratives about marginalized groups are often inconsistent with the lived experiences of people in those communities. She emphasized the need to actively work on dismantling one’s biased preconceptions.
Referring to the Stop AAPI Hate’s recent record of about 2,600 hate crimes and incidents against Asian Americans in the past six months, Chris Kwok suggested that the actual number is most likely a lot higher since there has been insufficient attention directed towards AAPI hate crimes and a general lack of active reporting in the AAPI community. Chris highlighted the importance for Asian Americans to support the BLM movement since we are all fighting to challenge white supremacy and ensure justice in the United States. He concludes by emphasizing the need to say “BLM”— since black lives had been defined as property for decades, we, as allies in the BLM movement, should acknowledge the hashtag’s reflection of that history and recognition of the equal rights that every person deserves.
Thank you to Margaret, Attorney General James, Commissioner Malalis, Rahul, Paula, and Chris, for this insightful panel discussion. Thanks also to the AABANY Real Estate Committee and Issues Committee for organizing this event. To view a recording of the plenary session, click here or on the image above.
WASHINGTON—The National Asian Pacific American Bar Association (NAPABA) is proud to present the 2020 NAPABA President’s Award to Helen Zia, activist, former journalist and author of Asian American Dreams, My Country Versus Me and Last Boat out of Shanghai. An outspoken advocate against hate crimes, she was one of the lead organizers of the Justice for Vincent Chin campaign, which became a national civil rights movement in 1982. In the wake of COVID-19, Zia wrote and spoke on parallels of the Chin case and how the targeting of Asians and Asian Americans will make it harder to stop COVID-19.
The NAPABA President’s Award is given to individuals who demonstrate an exceptional commitment to the Asian Pacific American community. Zia will be featured as part of the Keynote Series during the 2020 NAPABA Convention | Virtual Experience on Sat, Nov. 7, 2020.
“Helen Zia is an outspoken champion on human rights, women’s rights, LGBTQ issues and for Asian Americans and Pacific Islanders,” said Bonnie Lee Wolf, president of NAPABA. “She has spent her career in journalism and as an author to counter hate violence and advocate for peace and equality. Because of Helen, the stories of countless AAPIs, including Wen Ho Lee and Vincent Chin, have been told and elevated through her activism and reporting.”
Zia was Executive Editor of Ms. Magazine and a founding board co-chair of the Women’s Media Center. She has been active in many non-profit organizations, including Equality Now, AAJA and KQED. Her ground-breaking articles, essays, and reviews have appeared in many publications, books, and anthologies, receiving numerous awards.
Zia’s advocacy and elevation of the Justice for Vincent Chin campaign activated the AAPI legal community nationwide. The Asian Pacific American Legal Center (now Asian Americans Advancing Justice | Los Angeles), and later the National Asian Pacific American Legal Consortium (now Asian Americans Advancing Justice | AAJC), were both founded because of the Vincent Chin case. In 1988, NAPABA was founded, in part, by leaders from those organizations. Zia’s almost-twin brother, Hoyt, was the organization’s first president.
NAPABA congratulates Helen Zia as the 2020 NAPABA President’s Award recipient.
# # #
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.
On July 13, 2020, from 12:00-1:30 PM, the New York City Department of Health and Mental Hygiene (DOHMH) Partner Engagement Unit will be hosting a webinar on the Test & Trace Corps.
The Test & Trace Corps is an initiative to reduce COVID-19 transmission in New York City by providing guidance and assistance to people who have COVID-19 or are identified as having been exposed to the virus.
Speakers from the New York City Human Rights Commission (NYCCHR) and the Office for the Prevention of Hate Crimes (OPHC) will also provide resources to Asian Pacific Islander (API) communities to report anti-Asian bias and hate crimes that may occur as NYC continues to reopen.
Panelists will include Dr. Neil Vora from the New York City Health Department, Flora Ferng from NYCCHR, and Eunice Lee from OPHC.
Please send any questions for the panel to firstname.lastname@example.org.
Mandarin and Korean Language interpretation will be available for this event.
On Saturday, May 16, the Asian American Bar Association of New York (“AABANY”) hosted its “Mandarin and Cantonese Community Webinar on Anti-Asian Violence,” part of a broader series aimed at addressing the rise in anti-Asian violence in light of COVID-19. The events focused on briefing individuals on how to defend themselves if an incident were to occur and also discussed relevant state laws that protect victims. The Mandarin webinar aired from 2:00-3:00 PM and the Cantonese webinar aired from 3:00-4:00 PM.
Guest speakers included moderator Kwok Kei Ng and representatives from the NYPD, Simpson Thacher & Bartlett LLP, and the New York City Commission on Human Rights (NYCCHR).
William Kwok, Asian Liaison of the Immigrant Outreach Unit of the NYPD Community Affairs Bureau, discussed the practical measures by which individuals can protect themselves from immediate physical harm. Individuals are encouraged to run into public spaces such as stores or public spaces that may have police officers on duty. If they are able, victims are encouraged to call 911 or get bystanders to contact the police. There are translators on stand-by at the NYPD if needed. Most importantly, undocumented persons should not be afraid of calling the NYPD as officers are forbidden to inquire about a victim’s immigration status.
Additionally, Officer Kwok and Mr. Ng discussed specific provisions of the Hate Crimes laws that apply. New York Penal Law § 240.30-3 describes the elements of Aggravated Harassment in the Second Degree, stating that the incident must reflect an intent to harass, annoy, threaten, or harm through physical force. New York Penal Law §485.05, the Hate Crime Law, enhances sentencing if the incident is proven to be bias-motivated. Victims and bystanders should be unafraid of reporting incidents to the authorities; any materials whether in the form of videos, audios, or testimonials can help secure a conviction. Officer Kwok and Mr. Ng presented in both the Mandarin and Cantonese webinars.
Lastly, Jiarui Li, an associate at Simpson Thacher and guest speaker for the Mandarin webinar, and Karen Yau, Co-Chair of the AABANY Pro Bono & Community Service Committee and guest speaker for the Cantonese webinar, discussed the various resources available to victims. Victims should contact the New York Office of Victim Services and the NYCCHR to see if they are eligible for compensation and legal assistance. Both New York City and New York State have dedicated Hate Crimes Task Forces that victims can contact. Victims residing in New Jersey or Connecticut can contact their own individual state Hate Crimes Task Forces.
The guest speakers reiterated the importance of reporting anti-Asian incidents to the police. Only by informing the relevant authorities can we adopt a preventative approach and stop bias incidents from occurring before individuals are harmed.
We thank the guest speakers for joining us and for their commitment to protecting the well-being of everyday New Yorkers. For more information on anti-Asian harassment and violence, email email@example.com or call our hotline at 516-690-7724.
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 firstname.lastname@example.org, 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.
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@example.com or call our hotline at 516-690-7724.
View the video of the webinar by clicking on the image above.
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.
On Wednesday, April 29, 2020, the Asian American Bar Association (AABANY) hosted a webinar titled “Anti-Asian Violence and Hate Arising from the COVID-19 Pandemic.” This webinar examined the recent trends and data gathering of Anti-Asian violence incidents, as well as the legal framework of hate crimes under New York and Federal law. The nearly 100 attorneys who attended were given resources to advise the community as to their rights, along with opportunities to volunteer with AABANY.
The panel included Joe Gim, Deputy Bureau Chief, Nassau County District Attorney’s Office; Sheryl Koretz, Associate at Simpson Thacher & Bartlett LLP; Jia Lynn Yang, Deputy National Editor, The New York Times; John Yang, Executive Director, Asian American Advancing Justice (AAJC); and Jo-Ann Yoo, Executive Director of the Asian American Federation. Karen R. King, Counsel at Paul, Weiss, Rifkind, Wharton & Garrison LLP and a Vice Chair on the Pro Bono & Community Service Committee, moderated the panel.
Jo-Ann Yoo, Executive Director of the Asian American Federation, began by sharing some statistics to give some context about the Asian American community both in New York City and in the United States. She highlighted that Asian Americans are the fastest growing population within New York City and across the country, currently composing 60% of the overall population in New York City. Approximately one in four Asian New Yorkers live in poverty, which is the highest of any racial groups in the city. Yoo noted the Asian American Federation’s aggressive media strategy in sharing stories from the Asian American community on different media outlets in hopes of combating the Asian American community’s continued invisibility and marginalization. She noted that a rise in anti-Asian discrimination started when Asian Americans began to wear masks back as early as January, a practice that is not considered strange in Asia due to experiences with previous outbreaks such as SARS in 2002.
Joe Gim, Deputy Bureau Chief, Nassau County District Attorney’s Office, discussed the elements of a hate crime under NY Penal Law § 485.05. Gim explained that § 485.05 elevates the level of punishment that a defendant would receive for a crime that already exists on the books. Among the hate crimes or bias incidents in connection with the pandemic that are the topic of this discussion, there are only a few that would fall under this statute. A second statute that is particularly important to know for community outreach on this issue is aggravated harassment in the second degree under NY Penal Code § 240.30, which deals with verbal or nonverbal threats that fall under misdemeanors or hate crimes.
John Yang, Executive Director of Asian American Advancing Justice, touched on the different channels available to witnesses or victims and the proper actions to take when put in such a situation. A reluctance to report hate crimes has always been an issue for all minority groups. The panelists reinforced the point that bystanders are crucial to these acts of discrimination coming to light. While it may not be safe to directly intervene in these situations, simply calling law enforcement, documenting or recording the crimes, or consoling the victim helps tremendously. Even without knowing the person harassed, as long as someone has proof of the crime being committed, it is possible to prosecute the person responsible entirely by the bystander. There is currently AAAJ/Hollaback bystander training available to help prepare for such situations.
Jia Lynn Yang, Deputy National Editor for The New York Times, explained the thought process and impact of writing her article “Who Belongs in America,” which argues that the fight of Asian Americans for our place in the United States is far from over. Despite the historical struggle for racial equality through US immigration law, there are still those who deny the presence of Asians with legal status in the country. She found that people felt more comfortable with talking about their own experiences of harassment after her article affirmed the severity of these crimes.
Sheryl Koretz, Associate at Simpson Thacher & Bartlett LLP, highlighted the importance of identifying those responsible for the hate crimes, seeking reimbursement for the victims, and spreading the awareness of these cases. In New York, there are newly formed hate crime task forces such as the Asian hate crimes hotline launched by New York Attorney General Letitia James. Victims don’t necessarily need a physical injury to seek compensation. The police have reaffirmed that people reporting hate crimes will never be questioned about immigration status.
We thank all the panelists for joining us for this timely and vital CLE program, and we thank Karen for organizing it and serving as moderator. Be on the lookout for upcoming community presentations on this topic during APA Heritage Month in May. We hope to be able to count on attorney volunteers to assist victims of anti-Asian violence. If you are interested in volunteering, let us know by filling out the CRTF form using the link above.
The video of the webinar is embedded in this blog post and you can view it by clicking on the image above.