PRESS RELEASE: THE ASIAN AMERICAN BAR ASSOCIATION OF NEW YORK, THE KOREAN AMERICAN LAWYERS ASSOCIATION OF GREATER NEW YORK, THE SOUTH ASIAN BAR ASSOCIATION OF NEW YORK AND THE FILIPINO AMERICAN LAWYERS ASSOCIATION OF NEW YORK URGE INCLUSION OF ALL VOICES IN SPECIALIZED HIGH SCHOOLS LEGISLATION

NEW YORK, June 19, 2019 – The Asian American Bar Association of New York (“AABANY”), the Korean American Lawyers Association of Greater New York (“KALAGNY”), the South Asian Bar Association of New York (SABANY) and the Filipino American Lawyers Association of New York (“FALA New York”) condemn the process by which New York City Mayor Bill de Blasio formulated his plan to reform admissions to the city’s specialized high schools because he has shut out Asian American leaders and organizations from any meaningful participation.  We believe that any legislation with such wide-ranging impact on all communities should not be permitted to move forward when the process by which it has been advanced to the legislature has been marked by excluding the voices of the Asian American community.

In June 2018, Mayor de Blasio announced his support for New York State Assembly Bill A2173 which calls for eliminating the Specialized High School Admissions Test (SHSAT), to be replaced by a new selection process.  He did so without seeking any input from the Asian American community or any of the New York Asian American elected officials at the Federal, State, or local levels. We are deeply concerned, because we believe this exclusionary process illustrates how the current debate has largely ignored and dismissed the reality that Asian Americans also face racial discrimination.

Asian Americans currently make up more than 60% of enrollment in the specialized high schools.  Pronouncing that the specialized high schools had a “diversity” problem,” Mayor de Blasio’s rhetoric problematically casts the Asian American populations in these schools as a problem that needs to be fixed and ignores the incredible diversity that exists at the schools.  

In March 2019, the Mayor recognized that his rollout was flawed and that he “wish[es] he had done it better,” promising to meet with Asian American community leaders.  That meeting finally took place three months later, on June 13, with less than a week left in the State legislative session. Even though the Mayor finally apologized to the Asian American community at that meeting, Assembly Bill A2173 continues to move forward in Albany.

We recognize that the proposed elimination of the SHSAT is a divisive issue, even within the Asian American community.  AABANY proudly led public discussions on this issue, hosting a community forum in Flushing in 2014, another forum in Manhattan in 2015 and a documentary film screening about the SHSAT called “Tested” in 2015. AABANY used these opportunities to engage speakers on opposing sides of the debate in an effort to educate the public on the differing viewpoints, including those within the Asian American communities, on SHSAT reforms.   

The Asian American community is not monolithic.  We celebrate both the diversity within the Asian American community and the diversity Asian Americans bring to American society.  We fully support improving access to quality education for all. We are invested in true diversity, one that does not envision a small pie that must be divided among competing groups.  We support building more specialized high schools and the revival of gifted and talented programs in every elementary and middle school. We support city funded SHSAT test prep for any student that wants to take it.

Given the flawed process that produced the Mayor’s plan, we oppose New York State Assembly Bill A2173.  We call upon the Mayor to withdraw his current plan and provide Asian Americans a seat at the table to develop a new plan for the specialized high schools that benefits from having all stakeholders heard and represented in developing legislation on the vital issue of a fair, equitable and diverse public education system for all.

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The Asian American Bar Association of New York is a professional membership organization of attorneys concerned with issues affecting the Asian Pacific American community. Incorporated in 1989, AABANY seeks not only to encourage the professional growth of its members but also to advocate for the Asian Pacific American community as a whole. AABANY is a New York regional affiliate of the National Asian Pacific American Bar Association (NAPABA).

The Korean American Lawyers Association of Greater New York (KALAGNY) is a professional membership organization of attorneys and law students engaged with the issues affecting the Korean American community in Greater New York.  Incorporated in 1986, KALAGNY seeks to encourage the professional growth of its members as well as provide legal support for the Korean American community.

Founded in 1996, the South Asian Bar Association of New York (SABANY) is an organization of South Asian attorneys practicing in the New York City metropolitan region. The mission of the SABANY is to enhance the professional development of the South Asian legal community and act as a resource to the South Asian community at large by increasing access to justice, upholding the rule of law and improving our justice system.

FALA New York was formally organized in 2015 in New York as a not-for-profit corporation to represent the interests of New York Filipino American attorneys, judges, law professors, legal professionals, legal assistants or paralegals and law students. The mission of FALA New York is to promote the vibrant Filipino American legal community in New York by connecting Filipino American attorneys in order to share our experiences and expertise and to explore issues, cases and laws that affect the Filipino American community.

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AABANY Co-Sponsors: A Reenactment of Ozawa & Thind

On Thursday, May 23, 2019, AABANY and SABANY co-sponsored a trial reenactment of two Supreme Court cases, Takao Ozawa v. United States (1922), and United States v. Bhagat Singh Thind (1923) at the Ceremonial Courtroom in 225 Cadman Plaza, Brooklyn. These cases revolved around the fight of two Asian Americans to become naturalized U.S. citizens.

Takao Ozawa, was born in Japan but moved to the United States at a young age in 1914. He attended the University of California, became a businessman, converted to Christianity, got married and had children in the United States. He sought to become a naturalized U.S. citizen, but his application was denied. His fight for citizenship went all the way to the Supreme Court, where he argued that people of Japanese descent should be classified as “free white persons” under the Naturalization Act of 1906. However, Justice Sutherland, writing for a unanimous Court, held that a person of Japanese descent could not be classified as “white.” In reaching that decision, the court relied on scientific evidence and found that the term “white persons” in the Naturalization Act of 1906 only includes persons of the “Caucasian race.”

Bhagat Singh was born in India and received his bachelor’s degree there before moving to the United States, seeking higher education in 1913. He completed his Ph.D. at the University of California and went on to give lectures in metaphysics. He also joined the U.S. Army during World War I and became the first turbaned Sikh man to serve alongside American soldiers. After the war ended, he was honorably discharged and applied for citizenship. His petition for citizenship was granted initially in Oregon, but government attorneys initiated proceedings to have it canceled on the grounds that he was not “white.” His case went to the Supreme Court, where he presented scientific evidence asserting that South Asians, such as himself, were actually of Aryan descent and therefore of the Caucasian race and thus he should be granted citizenship.

However, the Supreme Court held that even though it “may be true that the blond Scandinavian and the brown Hindu have a common ancestor in the dim reaches of antiquity … the average man knows perfectly well that there are unmistakable and profound differences between them today.” The court backtracked on the rationale it used in Ozawa, where it relied on scientific evidence to find that Takao Ozawa could not be classified as Caucasian, and therefore was ineligible for citizenship.

As a result of the Supreme Court’s rulings in Ozawa and Thind, many Asians were stripped of their citizenship retroactively, leading a man named Vaishno Das Bagai to take his own life. He left a note that read: “But now they come and say to me I am no longer an American citizen. What have I made of myself and my children? We cannot exercise our rights, we cannot leave this country. Humility and insults… blockades this way, and bridges burned behind.”

These two Supreme Court decisions are a stain on our great nation’s history. They set the precedent that being an American was not enough, that to be a real American you had to be “white” based on society’s perception of what qualifies as “white” during a given period of time in history.

The reenactment serves as a reminder of the struggles that Asian Americans had to endure in the past, and it highlights why we must continue to strive to create change for the future generations of Asian Americans.

We thank Judge Denny Chin and Kathy Hirata Chin for leading the reenactment program and thank our judicial all-star cast which included: EDNY Chief Judge Hon. Dora Irizarry, Hon. Kiyo Matsumoto, Hon. Pamela Chen, Hon. Peggy Kuo, Hon. Sanket Bulsara, and Hon. Faviola Soto.

Thanks to SABANY for performing this re-enactment. AABANY was proud to be a co-sponsor, presenting 1.5 CLE credits in the Diversity & Inclusion category.

NYLJ: ‘Moving Forward After the Election’

NYLJ: ‘Moving Forward After the Election’