AABANY Files Comments in Response to the March 24, 2023 Public Briefing on the Federal Response to Anti-Asian Racism in the United States

The Asian American Bar Association of New York (AABANY) submitted a letter on April 24, 2023 to the United States Commission on Civil Rights (USCCR) expressing concern about the ongoing issue of anti-Asian hate and violence in the United States, particularly in New York. In the letter, we highlighted the increase in incidents during the COVID-19 pandemic and outlined the efforts of AABANY’s Anti-Asian Violence Task Force (AAVTF) in addressing these issues, including hosting webinars, publishing reports, advocating for legislative changes, and providing resources to support victims. While we appreciate the USCCR for drawing attention to anti-Asian crimes, we believe that there is much more work to be done. AABANY presented three recommendations to combat anti-Asian hate crimes: improved hate crime data reporting, recognition of the community as a victim and investigative partner, and appropriate training for prosecutors and law enforcement. We emphasized the importance of collaboration between the government, law enforcement, and community organizations to ensure the safety of the Asian American, Native Hawaiian, and Pacific Islander (AANHPI) community.

To read AABANY’s public comment in its entirety, please click here. AABANY gratefully acknowledges the efforts of Chris Kwok, Issues Committee Chair, and AABANY Student Leaders Jinny Lim, J.D. candidate, Seton Hall Law School ‘24, and Catherine Tran, J.D. Candidate, Columbia Law School ‘25, in preparing this submission.

NAPABA & APIAHF Launch Combat Hate Crimes Toolkit in 24 Languages

In the wake of the coronavirus pandemic, there have been nearly 4,000 recorded hate incidents against the Asian American community, and this number continues to rise. Earlier this week, President Biden announced additional actions to respond to Anti-Asian Violence, Xenophobia and Bias. Attorney General Garland announced a 30-day review to assess the government’s tracking capabilities and prosecution of hate offenses that are surging across the country. The National Asian Pacific American Bar Association (NAPABA) and the Asian & Pacific Islander American Health Forum (APIAHF) are working with the Biden Administration to identify problems and to offer solutions in combating hate crimes.

NAPABA and APIAHF have collaborated to urgently develop a community Combat Hate Crimes Toolkit, which provides basic and critical information for victims, community-based organizations and community leaders. The toolkit, created under the National AA and NHPI Health Response Partnership, is translated into 24 different languages—the single largest collection of AANHPI translated materials ever and includes:

  • Understanding the difference between a hate crime and hate incident
  • Working with law enforcement and the media
  • Checklist for community organizations
  • Frequently asked questions

ACCESS NOW

Our organizations are committed to expanding this toolkit and increasing the availability of languages to provide critical information needed by our community. Combatting anti-Asian hate and violence is essential to enhancing the safety and security of our community, including seeking health care. If your community-based organization is interested in co-branding the toolkit with us, please contact Abram Garcia so we can help assist.

NAPABA Calls on Law Enforcement to Fully Investigate Georgia Shootings

For Immediate Release: Date: March 17, 2021

Contact: Priya Purandare, Executive Director

WASHINGTON—Last night, a gunman entered multiple businesses in Atlanta and opened fire on their predominantly Asian American workforces. This horrifying act of violence left eight dead, including six Asian American women. There have now been nearly 3,800 documented attacks against Asian Americans since the start of the pandemic just over a year ago, with this incident, sadly, being the most brazen and violent.

The National Asian Pacific American Bar Association (NAPABA)’s president A.B. Cruz III issued the following statement:

“NAPABA extends its heartfelt condolences to the family, friends, and coworkers of the eight victims. Last night’s murders are only the latest in a distressing trend that specifically targets and physically attacks Asian Americans—particularly the elderly and women. This is totally unacceptable.

While further details of this violent act are still forthcoming, it is clear, from this latest tragedy and the many before it, that the Asian American community has good reason to be acutely concerned. Therefore, we specifically call on federal and local state law enforcement to aggressively investigate and prosecute these unconscionable killings to the fullest extent, including unearthing and evaluating all evidence supporting that these murders were racially motivated.

NAPABA is working closely with its Affiliate, the Georgia Asian Pacific American Bar Association on this matter. We are fully committed to providing the necessary resources to the victims and their families to ensure justice ultimately prevails, and our community and our allies may heal and transcend this atrocity.”

NAPABA’s hate crimes resources, including providing pro bono legal assistance, can be found here. NAPABA’s Stand Against Hate campaign, denouncing racism can be found here. NAPABA and its affiliates’ past statements on anti-Asian hate can be found here.

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The National Asian Pacific American Bar Association (NAPABA) represents the interests of over 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.

AABANY Issues Statement on Atlanta Shootings

The Asian American Bar Association of New York expresses its pain and sorrow at this latest act of violence in Atlanta involving shootings of members of the Asian American and Pacific Islander (AAPI) community. We extend condolences to the families of the victims in these shootings. In this time of increased violence and harassment against the AAPI community, we commend the quick apprehension of the suspect. We urge law enforcement officials to conduct a full investigation, working with community organizations Georgia Asian Pacific American Bar Association (GAPABA) that will be able to offer culturally and historically guided assistance in how hate crimes impact and affect AAPI communities.

PRESS RELEASE: MENG AND HIRONO TO INTRODUCE LEGISLATION TO COMBAT SURGE OF ANTI-ASIAN HATE CRIMES

This press release has been issued by the Offices of Congresswoman Grace Meng and Senator Mazie Hirono.

For Immediate Release: March 11, 2021

Contacts: 

  • MENG: Mark Olson, 202-819-5580
  • HIRONO: Martha Spieker, 202-365-7943

Legislation comes as Asian Americans and Pacific Islanders experience wave of physical, verbal, and online attacks

WASHINGTON, D.C. – U.S. Rep. Grace Meng (NY-06), First Vice Chair of the Congressional Asian Pacific American Caucus (CAPAC), and U.S. Senator Mazie K. Hirono (D-HI), Executive Board Member of CAPAC, announced their plan to reintroduce the COVID-19 Hate Crimes Act, which seeks to address the ongoing hate and violence targeted toward Asian Americans and Pacific Islanders (AAPIs) by providing greater assistance with law enforcement response to COVID-19 hate crimes and creating a position at the Department of Justice to facilitate expedited review of such cases.

Specifically, the bill would:

  1. Designate an officer or employee of the Justice Department to facilitate expedited review of COVID-19 hate crimes reported to federal, state, and/or local law enforcement;
  2.  Issue guidance for state and local law enforcement agencies to:
    1. establish online reporting of hate crimes or incidents, and to have online reporting available in multiple languages;
    2.   expand culturally competent and linguistically appropriate public education campaigns, and collection of data and public reporting of hate crimes; and
  3.  Issue guidance describing best practices to mitigate racially discriminatory language in describing the COVID–19 pandemic, in coordination with the Secretary of Health and Human Services and the COVID–19 Health Equity Task Force and community-based organizations.

“The ongoing anti-Asian hate crimes and incidents, especially against our elderly Asian Americans, is absolutely horrific. I am honored to introduce the COVID-19 Hate Crimes Act with Senator Hirono to address this disgusting pattern of hate,” said Congresswoman Meng. “Before this pandemic started, I urged everyone—including elected officials—to not blame Asian Americans for the virus. My words were not heeded. The former president and his Congressional Republican enablers trafficked racist, bigoted terms to describe COVID-19. In doing so, their language stoked people’s fears and created an atmosphere of intolerance and violence, which persists even today. Since the beginning of the pandemic there has been nearly 3,000 reported incidents of physical, verbal, and online attacks against Asian Americans. Even in my own district in Queens, New York, Asian Americans have been attacked. To combat those acts, we need DOJ to prioritize addressing these heinous acts by designating a point person for these COVID-19 related hate crimes; make it easier for victims to report crimes committed against them; and expand public education campaigns to address COVID-19 hate crimes and incidents. This must end and it is why we are working to ensure our justice system has the people and resources to effectively account for and mitigate anti-Asian hate crimes. I look forward to this bill becoming law.”

“We’ve seen the horrifying consequences of racist language as AAPI communities across our country experience hate crimes and violence related to the pandemic,” said Senator Hirono. “The COVID-19 Hate Crimes Act addresses the surge in violence against AAPI communities by dedicating an official at the Department of Justice to expeditiously review hate crimes reported to law enforcement. The bill also provides resources for communities to come together and fight intolerance and hate. This is no less than victims deserve.”

“We are grateful for Senator Hirono and Representative Meng’s leadership in responding to the increased attacks on Asian Americans during the ongoing COVID-19 pandemic,” said John C. Yang, President and Executive Director of Asian Americans Advancing Justice | AAJC. “We need improvements in the reporting and handling of COVID-19-related hate crimes by law enforcement at the local, state, and federal levels, as well as making systems more accessible for people with limited proficiency in English. We appreciate the emphasis on linguistically appropriate and culturally competent engagement on data collection and reporting. Asian Americans Advancing Justice | AAJC is committed to countering hate in all its forms, and we will to continue to push for a comprehensive approach to documenting and addressing hate crimes and prioritizing health and safety for all.”

“NAPABA applauds Senator Hirono and Congresswoman Meng for their decisive action to introduce legislation responding to the rise in anti-Asian hate incidents during the COVID-19 pandemic,” said. A.B. Cruz, III, president of the National Asian Pacific American Bar Association (NAPABA). “NAPABA is committed to ensuring that hate crimes against the Asian American community are properly investigated and prosecuted. The expedited review of hate crimes reported to federal, state, and local law enforcement by the Department of Justice will increase accountability in addressing hate against our community, and establishing a platform for online reporting of hate crimes and incidents in multiple languages will allow more victims to come forward.”

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NAPABA Calls for Action to End Hate Violence Against Asian Americans

For Immediate Release: Date: March 2, 2021

Contact: Priya Purandare, Executive Director

WASHINGTON—This past Friday, the U.S. Department of Justice announced it would investigate the rise in hate-based violent extremism against Asian Americans that has occurred since the start of the COVID-19 pandemic. The National Asian Pacific American Bar Association (NAPABA) applauds this necessary undertaking and unequivocally condemns and rejects the violence that has been directed at the Asian American and Pacific Islander (AAPI) community and calls for appropriate law enforcement efforts to investigate and prosecute offenders.

Since the start of the pandemic, there have been over 3,000 recorded hate incidents against the Asian American community, along with concern that law enforcement has been slow or reticent to investigate the incidents.

“NAPABA is deeply troubled by the continued rise of hate crimes and violence against the Asian American community and the hesitant response by the government to counter this disturbing and unacceptable trend,” said A.B. Cruz III, president of NAPABA. “While we appreciate President Biden and the Department of Justice’s acknowledgement of this crisis, we need our government to do more to protect AAPIs. There needs to be proactive coordination between local, state and federal authorities, including prevention and prosecution against such crimes. NAPABA has, and will, continue to work diligently to provide support to assist victims and their families, and action and advocacy to prevent hate crimes and acts of violence against the AAPI community.”

In January, President Biden issued his Memorandum Condemning and Combating Racism, Xenophobia, and Intolerance Against Asian Americans and Pacific Islanders in the United States . However, the attacks against the AAPI community have become even more prominent in February, including:

  • An 84-year-old Thai American man in San Francisco was shoved to the ground during his morning walk and died two days later;
  • A 91-year-old Chinese American man In Oakland was attacked and pushed to the ground when several shops were vandalized in Chinatown;
  • A 64-year-old Vietnamese American woman in San Jose was robbed following a Lunar New Year’s celebration;
  • A 61-year-old Filipino American in New York had his face slashed with a box cutter on the subway; and
  • A 52-year-old Chinese American woman in Queens, New York was physically attacked and shoved to the ground while waiting in line at a bakery.

NAPABA’s hate crimes resources, including providing pro bono legal assistance, can be found here. NAPABA’s Stand Against Hate campaign, denouncing racism can be found here. NAPABA and its affiliates’ past statements on anti-Asian hate can be found here.

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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.

Fall Conference 2020: Allyship and Black Lives Matter—Racism, Bias, and Xenophobia in Our Communities

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 diversity 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.

Prosecutors Committee Celebrates 11th Annual Reception at NYCLA

AABANY’s Prosecutors Committee was founded in September 2008 to enhance the advancement and professional development of Asian Pacific American (APA) prosecutors, the establishment of a network between former and current APA prosecutors, the recruitment of APA law students to become prosecutors, and the cultivation of trust and communication between the APA community and the local prosecutors’ offices. 

Our membership is comprised of current and former prosecutors of Asian American, Pacific Islander and South Asian heritage from all five local New York City District Attorney’s offices, Nassau and Suffolk County District Attorney’s Offices, Assistant Attorney Generals from the New York State Attorney General’s Office, as well as federal prosecutors from both the Southern and Eastern Districts of New York.

Each year, the Committee hosts an annual reception to honor those who have contributed to the criminal justice system as well as to promote diversity within the APA community in New York City.

On December 3, 2019, at its 11th Annual Reception, the Committee honored Gurbir S. Grewal, Attorney General of the State of New Jersey, and Gilbert C. Hong, Acting Justice of the New York State Supreme Court, for their exemplary and established record of public service and their commitment to diversity and inclusion in the profession.

Approximately 150 Prosecutors Committee members and guests filled to capacity the main auditorium at the New York County Lawyers Association, 14 Vesey Street, to celebrate this special event.  The evening featured distinguished guests and speakers who provided congratulatory remarks to the Committee and the honorees. 

The speakers at the daïs included the following representatives from state, local and Federal prosecutors’ offices:

  • Joseph Alexis, Executive ADA, Kings County
  • Geoffrey Berman, US Attorney, Southern District of NY
  • Bridget Brennan, Special Narcotics Prosecutor
  • Catherine Christian, Special ADA for External Affairs, NY County
  • Mark Lesko, Chief AUSA, Eastern District of NY
  • Derek Lynton, Chief ADA, Bronx County
  • John Ryan, Acting District Attorney, Queens County
  • Anthony Scarpino, District Attorney, Westchester County
  • Madeline Singas, District Attorney, Nassau County

Also in attendance were the following judges:

  • Hon. Shahabuddeen Ally, Bronx Criminal Court
  • Hon. Dorothy Chin Brandt, Retired Justice, Queens Supreme Court
  • Hon. Karen Gopee, Queens Criminal Court
  • Hon. Marilyn Go, Retired Judge, District Court, EDNY
  • Hon. Lorna Schofield, District Court, SDNY
  • Hon. Don Leo, Brooklyn Criminal Court
  • Hon. Danny Chun, Brooklyn Supreme Court
  • Hon. Phyllis Chu, NYC Criminal Court
  • Hon. John Hecht, Brooklyn Supreme Court
  • Hon. Dean Kusakabe, Queens Family Court
  • Hon. Judy Kim, NYC Criminal Court
  • Hon. Daniel Lewis, Queens Supreme Court
  • Hon. Richard Tsai, NYC Criminal Court
  • Hon. Cori Weston, Judge, NYC Criminal Court

Distinguished guests included:

  • Agnes Chan, first Asian woman detective in NYPD history
  • Yang Chen, Executive Director of AABANY
  • Sherry Cohen, Chief of Legal Recruitment, Bronx County
  • Lila Kirton, Bureau Chief, Westchester County
  • Jesse Sligh, Executive ADA, Queens County
  • Brian Song, President, AABANY

In addition, the family of NYPD Det. Wenjian Liu, who made the ultimate sacrifice when he was killed in the line of duty in 2014, made a special visit to the Reception.  Det. Liu’s family received the Prosecutors Committee’s posthumous award on Det. Liu’s behalf at the 2015 reception. The family was recognized with a heartfelt standing ovation and a message that Det. Liu will not be forgotten.

When AABANY President Brian Song delivered his welcome remarks at the start of the reception, he passed along the word from Queens County District Attorney-elect Melinda Katz’s transition team that her office is inviting applications, especially from diverse candidates at all levels. Many of the other speakers at the daïs lost no time in announcing that their offices were also hiring. We anticipate that prosecutors’ offices may see an uptick in applications coming out of this Reception.

AABANY thanks Prosecutors Committee co-chairs Myongjae M. Yi and Maria Park as well as vice-chairs Michael Leigh and Emily Ching for organizing the event. The Committee also thanks Kin Ng, Brian Lee, David Chiang, Catherine Christian, Francis Chin, Giyang An and the planning members for their assistance.  AABANY thanks the New York County Lawyers Association for providing the beautiful venue again for this special celebration.

More photos from the event can be found here: https://photos.app.goo.gl/UZiD12LZFpxJmwLP6

To learn more about the Prosecutors Committee, please visit: https://www.aabany.org/page/73

AABANY Hosts Screening of the Documentary “Blowin’ Up”

On Thursday, April 11, AABANY hosted a screening of “Blowin’ Up,” a feature documentary that explores the complex realities of sex work in New York City and the compassionate approach of a human trafficking court in Queens County. The film features AABANY member Honorable Toko Serita, Queens Supreme Court, as well as other heroines of the Human Trafficking Intervention Court, that work with victims of sexual exploitation who face prostitution-related charges.

After the screening, Beatrice Leong, AABANY Government Service and Public Interest Committee Co-Chair, led a panel discussion featuring speakers from the NYPD/FBI Joint Human Trafficking Task Force and a Queens Assistant District Attorney who prosecutes human traffickers. The panelists talked about how they worked together to prosecute the traffickers and how one can identify and help a suspected trafficking victim. The panel gave important insight into how gangs and traffickers target their victims, and the audience learned that many victims are new immigrants, local high school students or children in the foster care system. “Drugs can only be used once, but a person can be used over and over.”

If you suspect someone is a victim of trafficking,  you can email New York Police Department, at [email protected] or visit https://www1.nyc.gov/site/acs/youth/identify.page to report them.

We thank Beatrice Leong and Emily Arakawa for providing the photos and write-up for this blog post.