Tag: National Defense Authorization Act

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ICYMI: NAPABA Joins Coalition Partners and Applauds the Removal of Alien Land Law Provision from the FY2024 National Defense Authorization Act

For Immediate Release: 
Date: January 12, 2024 		Contact: Rahat N. Babar, Deputy Executive Director for Policy 

For Immediate Release
Date: January 11, 2024

CONTACT
Michelle Boykins, (202) 296-2300, ext. 0144
[email protected]

Louise Liu, (202) 657-7413
[email protected]

Asian Americans Advancing Justice – AAJC Applauds Removal of the Rounds Amendment from the Fiscal Year 2024 National Defense Authorization Act

Discriminatory amendment would have prohibited certain foreign nationals, including Chinese foreign nationals, from owning land in the U.S.

WASHINGTON – Asian Americans Advancing Justice – Asian American Justice Center (Advancing Justice – AAJC) today commended lawmakers’ decision to strike S. 2226 § 1086 (Senate Amendment 813) introduced by Sen. Mike Rounds (R-ND) amendment in the Fiscal Year 2024 National Defense Authorization Act (NDAA).

If included, this discriminatory amendment would have effectively prohibited certain foreign nationals, including Chinese foreign nationals, from purchasing U.S. agricultural land — continuing the pattern of a nation-wide resurgence of so-called “alien” land laws that have been introduced in at least 27 states and enacted in at least eight.

A coalition of Asian American and allied organizations took swift and sustained action to oppose this amendment and urge lawmakers to take it out of the final conference report language.

The Rounds amendment is the continuation of a long legacy of unnecessary legislation that leads to harmful profiling of and violence towards the Asian American community. In America’s history such legislation unfairly targeted Asian Americans in the 19th and 20th centuries through anti-immigration laws, land ownership prohibitions, incarceration of Americans of Japanese descent during World War II, and other efforts that sought to exclude members of the community. This racist and xenophobic behavior has continued from the murder of Vincent Chin in 1982 to the murders of Sikh Americans and the racial profiling of Muslim Americans in a post-9/11 environment. Asian Americans are too often considered to be “perpetual foreigners.”

Approximately 27 organizations joined Asian American Advancing Justice – AAJC in submitting a formal letter to NDAA conferees Senate Armed Services Chairman Jack Reed and Ranking Member Roger Ricker, as well as House Armed Services Mike Rogers and Ranking Member Adam Smith, urging them to “prohibit the inclusion of provisions that would effectively bar foreign nationals – including Chinese foreign nationals – from acquiring certain types of U.S. agricultural land.” The letter continued by encouraging them to “strike provisions that stoke racial animus, bias, and discrimination, as well as undermine Asian American participation in the Armed Services.”

John C. Yang, President and Executive Director of Advancing Justice – AAJC said, “We are very pleased that Congress listened to the concerns from our communities and did not include this harmful amendment in the NDAA. We are not naïve to the legitimate and credible threats that the Chinese Communist Party has on U.S. national security interests when it comes to the issue of espionage, and we are certain that Congress and the federal government can take a more responsible and targeted approach to combating foreign malign influence that does not result in the racial profiling of our community members.”

“Like so many similar discriminatory laws and bills of this nations, the Rounds amendment would have ensnared innocent Chinese individuals because the language failed to meaningfully distinguish between entities from China and individuals from China,” said Joanna YangQing Derman, Director of Anti-Profiling, Civil Rights and National Security at Advancing Justice – AAJC. “We are proud to have worked with a strong coalition of partners to call out this discrimination and put Congress and the government on notice that we will push back on any bills that cause harm to our communities.”

“As an organization representing Iranian Americans, it is critically important to underscore that people are not their governments. Equating the two is what led to the creation of the Rounds amendment, and we will continue to combat legislation that seeks to enshrine blatant xenophobia and undermine civil rights. We are grateful to our multiethnic coalition and network of volunteers who worked tirelessly to advocate against this amendment until its defeat,” said Jamal Abdi, President of National Iranian American Council Action.

“The National Asian Pacific American Bar Association (NAPABA) and its affiliates across the country have worked to combat discriminatory anti-Asian alien land laws. They are a relic from the early 20th century and ought to remain in the dustbin of history. Instead of focusing on adversarial governmental entities, these bills instead target innocent individuals and wrongfully perpetuates harmful stereotypes about the loyalties of Asian Americans. While policymakers are free to address the legitimate national security concerns of the United States, they may not pursue discriminatory policies on the backs of the Asian American community,” said Priya Purandare, Executive Director of NAPABA.

“We commend the removal of the Rounds Amendment from the NDAA,” said Cynthia Choi, Co-Founder of Stop AAPI Hate and Co-Executive Director of Chinese for Affirmative Action. “Had this xenophobic measure been enacted, it would have contributed to the alarming surge in anti-Asian political scapegoating we’re seeing today. Policies like this fuel the harmful ‘perpetual foreigner’ trope that wrongly paints Asian Americans as outsiders and suspects in the country we call home — further stoking hate against our communities. We firmly believe that our leaders can and should address legitimate national security threats without resorting to measures that scapegoat entire groups of people and worsen anti-Asian racism and discrimination.”

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Asian Americans Advancing Justice – AAJC has a mission to advance the civil and human rights of Asian Americans and to build and promote a fair and equitable society for all. Visit our website at advancingjustice-aajc.org.

The National Asian Pacific American Bar Association (NAPABA) represents the interests of over 60,000 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.

NAPABA | 1612 K St. NW, Suite 300 | Washington, DC 20006 | www.napaba.org

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NAPABA Indiana Advocacy Update

Dear NAPABA Community,

With 50 days remaining before the start of the 2023 NAPABA Convention in Indianapolis, I wish to update you on NAPABA’s work in Indiana along with our advocacy efforts broadly.

In April 2023, we announced our Indiana Advocacy Action Plan following the decision from the Board of Governors to remain in Indianapolis for the 2023 NAPABA Convention. The Plan’s four-prong strategy aimed to meaningfully engage community stakeholders in Indiana and advance the dignity and interests of the LGBTQ+ and AANHPI communities in the time leading up to and beyond the Convention. Since then, I can report to you on the following actions:

  1. Immediate Investment. NAPABA and Indiana Legal Services, Inc. (ILS), announced a partnership to deliver direct legal support to LGBTQ+ and immigrant communities in Indiana. The partnership will fund law student interns at ILS starting this fall for the 2023-2024 academic year. The legal internships will be housed within the ILS LGBTQ+ Project and Immigrants’ and Language Rights Center. Financial support for these legal internships was generously provided by the NAPABA Law Foundation’s Underserved Communities Fellowship.
  2. Lasting Impact. Starting this October, NAPABA–in partnership with the Asian Pacific American Bar Association of Indiana, Alliance for Justice, and Dentons Bingham Greenebaum LLP–will be convening a wide array of community leaders in Indianapolis for our multi-part civic engagement series entitled, “Joining Forces, Building Community and Empowerment.” The workshop is designed for Indiana leaders to build organizational, operational, and advocacy skills in their efforts to advocate and better serve their communities. NAPABA will host additional workshops in the months ahead, including another convening of community leaders on Thursday, November 9, 2023, at the Convention, and culminate in a day of advocacy activities at the Indiana Statehouse in 2024.
  3. Showcasing Our Values. The 2023 NAPABA Convention in Indianapolis is centered on uplifting NAPABA’s values and our community. Our Friday Plenary Luncheon program will focus on “Gender Equality and the Rights of Transgender Athletes,” featuring Justice Sabrina McKenna of the Supreme Court of Hawai`i as the moderator. At our Gala program on Saturday, the keynote speaker will be attorney and civil rights activist Mia Yamamoto, a prominent leader and advocate for human rights and for the rights of the LGBTQ+ and AANHPI communities. During the Convention’s substantive program, we will highlight issues such as AANHPIs and the fight for marriage equality, a reflection on the civil rights movement, how our community can advance the cause for justice, #WhyWomenLeave, and more. 
  4. Beyond Indiana. Though we are focused on Indiana, NAPABA remains at the forefront in our core advocacy work across the nation. 
    • We continue to oppose vigorously alien land laws that would strip the rights of AANHPIs to pursue a livelihood and fair housing. NAPABA and our affiliates are engaged with state and federal policymakers to oppose such laws along with grassroots community leaders and the press. Along with our coalition partners, NAPABA has cautioned Congress to be mindful of its rhetoric and “to consider the impact that proposed legislation could have on AANHPI communities, and to work with AANHPI groups to find ways to address national security concerns while creating an environment that welcomes people who are committed to the success and safety of our country.” We have raised the alarm over a recent amendment to the National Defense Authorization Act that, if enacted, would impose restrictions on individuals from certain countries like China to purchase agricultural land. In court, we are supporting, as amicus curiae, litigation challenging Florida’s discriminatory statute.
    • In the aftermath of U.S. Supreme Court’s decision in Students for Fair Admissions v. UNC/Harvard, NAPABA has not only presented educational programs to our members about the ruling, but also engaged with partners to explore best avenues to support diversity, equity, and inclusion efforts across the profession. 
    • NAPABA has stood in solidarity with the LGBTQ+ community. For example, in the face of federal legislation that targeted the transgender community, NAPABA opposed a bill that would ban transgender and intersex girls and women from participating in school sporting activities that align with their gender identities. Such harmful and discriminatory policies are wholly inconsistent with NAPABA values. Similarly, NAPABA denounced a misguided decision from the U.S. Supreme Court in 303 Creative LLC v. Aubrey Elenis, which held that a website design business–notwithstanding state anti-discrimination laws–may refuse to deliver services to same-sex couples. We called on Congress again to pass the Equality Act, which would amend federal law to prohibit discrimination on the basis of sex, sexual orientation, and gender identity.
    • NAPABA endorsed the Southeast Asian Deportation Relief Act of 2023, a bill that would deliver relief to Southeast Asian American refugees and create a pathway for the return of nearly 2,000 refugees to the United States who have already been removed to Vietnam, Laos, and Cambodia. 
    • Recently, in another step toward equity, NAPABA endorsed California Senate Bill 403, which would add caste as a protected characteristic under California’s civil rights laws, and called for a ban on caste discrimination throughout the nation. 
This is only a snapshot of our efforts. Undoubtedly, we are making progress, but we are nowhere near done. As California just recognized when it lifted the ban on publicly funded travel to other states with objectionable laws targeting the LGBTQ+ community, NAPABA believes in the importance and the power of showing up. Our work is only possible because of the strength, energy, and passion of our members, our committees, our affiliates, and our sponsors. So many of you step up each and every day to better our community, often in the shadows of the public eye, with the only hope that the next generation will enjoy the gains that we endeavor to make today. We are incredibly grateful.

I look forward to seeing all of you in Indianapolis.
Warmly,