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Two Asian American Civil Rights Organizations Submit Amicus Brief in United States v. Tao
Press Release
On August 20, 2020, Advancing Justice – AAJC and Advancing Justice – ALC filed an amicus brief in United States v. Feng "Franklin" Tao (陶丰教授), providing significant evidence of racial profiling against Asian American and immigrant scientists and researchers. The two Asian American civil rights organizations submitted the brief in support of Dr. Feng “Franklin” Tao to show opposition to the government’s increased efforts to profile and target Chinese American scientists and researchers based on ethnicity under the pretext of ferreting out economic espionage. In United States v. Tao, Dr. Tao, a tenured engineering professor at the University of Kansas, is fighting criminal allegations for not disclosing to the University an alleged affiliation with a university in China. “Failure to disclose information on a university form is not economic espionage,” said John C. Yang, president and executive director of Advancing Justice – AAJC. “Xenophobia from leadership and agents within the U.S. government has translated to real consequences for the Chinese and Asian American community. Chinese scientists and researchers, like Dr. Tao, are caught in the Department of Justice’s broad net for prosecutions and sudden criminalization of minor infractions and we are deeply concerned with the pattern of misguided suspicion and racial discrimination we are seeing in these cases.” The government has been mounting a broad campaign scrutinizing and targeting Chinese American scientists and researchers through the China Initiative. Fueled by xenophobia, the China Initiative was adopted by the Department of Justice in 2018 for the purported purpose of combating economic espionage. The China Initiative is part of the latest wave of xenophobia against Chinese and Asian Americans and follows a long history of Asian Americans and immigrants being criminalized, stereotyped as “perpetual foreigners,” scapegoated, and profiled as spies disloyal to the United States. “The government needs to prosecute people who steal national security and trade secrets, but targeting people of Chinese descent for investigation without evidence of wrongdoing is not how to do that,” noted Glenn Katon, litigation director at Advancing Justice - Asian Law Caucus and former Department of Justice trial attorney. “Bringing dubious charges against people like Dr. Tao, for conduct the government would not have known or cared about but for the China Initiative, is discriminatory and a waste of resources.” We have seen a surge in prosecutions as the government increases pressure on academic institutions to criminalize previously administrative issues and federal agencies to increase prosecution efforts across the country. Data and individual cases of wrongful arrests and prosecutions along with biased rhetoric from public officials reveal that racial bias exists in the charging, prosecution, and sentencing of Chinese, Asian Americans, and immigrants. The amicus brief addresses the government’s broad campaign to scrutinize and target Chinese American scientists and researchers and discusses how the government’s xenophobic and overzealous prosecutions does real harm to the individual lives of Chinese and Asian Americans and immigrant communities. Read the brief here. For more background about United States v. Tao (2:19-cr-20052), also visit Feng "Franklin" Tao. |
亚美公义促进会 | AAJC 与亚美公义促进会 - ALC 针对美国政府对华裔种族形象定性事件，正式递交法律申索
新闻稿
推进正义协会（AAJC）与推进正义协会 - ALC于今天正式向法院提交了一份 法庭之友书状，为陶丰教授案件提供了针对美籍亚裔与亚裔移民科学家、研究人员被种族定性的重要证据。 两家亚裔民权机构向法院提交书状以表示对陶丰博士的支持，反对美国政府以“经济间谍”为借口，打压美籍华裔科学家和研究人员，并将其作为审查目标。在美国诉陶丰一案中，美国司法部对堪萨斯大学陶丰教授以未能向大学披露与一所中国大学的关系为由，宣布刑事指控。 “未能在递交给大学的表格上披露部分信息并不属于经济间谍活动”，推进正义 - AAJC总裁兼执行董事杨重远说道。“美国政府内部的领导层与调查人员的排外情绪已开始对美籍华裔和亚裔社区造成影响。许多华人科学家和研究人员与如陶博士一样，在美国司法部撒下的大网下，因为轻微违规而突然受到多项指控，并被定为是刑事犯罪。我们在这些案件中看到种种无端怀疑与种族歧视的规律，并为此深感担忧。” 美国政府根据《中国倡议》，已开始将美籍华裔科学家和研究人员作为广泛审查的目标。在仇外情绪的推动下，美国司法部于2018年通过了《中国倡议》，旨在打击经济间谍活动。《中国倡议》是近期仇外浪潮为针对华裔和亚裔美国人而采取的行动，这种作为在美国历史上有许多先例，亚裔美国人和亚裔移民由于他们的族裔而被视为怀疑对象，被当作替罪羊对待，并且被定性为不忠于美国的间谍，是“永远的外国人”。 “美国政府应该将那些窃取国家安全和商业机密的人绳之以法，但是他们不应该在没有证据的情况下便直接将华裔群体作为调查目标。” 作为前任美国司法部审判律师，现任为推进正义— 亚裔法律联盟的法律主任格伦 · 卡顿指出，“如果不是因为《中国倡议》，政府根本不会关心像陶博士这样背景的人，更不会提出荒谬的指控，这是一种歧视，也是一种资源浪费。“ 随着美国政府对教育机构逐渐施加压力，要求高校将行政问题定位为刑事犯罪，同时督促联邦部门增加在全国范围内的指控次数。多个错误逮捕与错诉的案件，以及来自政府人员带有偏见的言论都表明，在对华裔、亚裔美国人和移民的指控和判决中，存在着种族偏见。这份“法庭之友书状”阐述了美国政府针对美籍华裔科学家和研究人员的广泛审查与种族定性，同时探讨在排外的政治氛围下，这些指控对华裔、亚裔美国人以及移民群体所造成的伤害。 点击阅读法庭之友书状 有关 United States v. Tao (2:19-cr-20052), 请参阅更多背景信息, 请参阅 Feng "Franklin" Tao. |
FOIA Request on Chinese and International Students
On August 10, 2020, Asian Americans Advancing Justice | AAJC and Asian Americans Advancing Justice | Asian Law Caucus (collectively hereinafter “Requestors”) submitted a Freedom of Information Act (“FOIA”) request for all records relating to the U.S. Customs & Border Protection (CBP) enforcement, treatment, and denial of admissions of students with connections to China.
"Hateful rhetoric from public leaders has created a climate of fear for Asians and Asian Americans living in the United States. Public statements by government officials against Chinese students have had a chilling effect on international students and scholars, particularly those from China seeking only to graduate and finish their studies," the FOIA says. "In 2018, the Department of Justice (DOJ) laid the general groundwork for a hawkish shift towards China when they announced the China Initiative.7 With this initiative, the DOJ began to see connections to China as a threat and increased its efforts to investigate and prosecute individuals with Chinese ancestry for alleged espionage. This was despite growing concerns from civil society about implicit bias, discrimination, and race & ethnicity based profiling."
"Moreover, since 2019, we have seen reports of CBP denying admissions to Chinese students while providing little to no information for the reasons why.... It is imperative that CBP provides our communities and the public with information on its decisions to refuse entry and admission to students connected to China. The public has a strong interest in getting this information considering the government’s potential targeting of individuals of Chinese or Asian descent based on their race or ethnicity."
2020/08/10 FOIA Request on Chinese and International Students
"Hateful rhetoric from public leaders has created a climate of fear for Asians and Asian Americans living in the United States. Public statements by government officials against Chinese students have had a chilling effect on international students and scholars, particularly those from China seeking only to graduate and finish their studies," the FOIA says. "In 2018, the Department of Justice (DOJ) laid the general groundwork for a hawkish shift towards China when they announced the China Initiative.7 With this initiative, the DOJ began to see connections to China as a threat and increased its efforts to investigate and prosecute individuals with Chinese ancestry for alleged espionage. This was despite growing concerns from civil society about implicit bias, discrimination, and race & ethnicity based profiling."
"Moreover, since 2019, we have seen reports of CBP denying admissions to Chinese students while providing little to no information for the reasons why.... It is imperative that CBP provides our communities and the public with information on its decisions to refuse entry and admission to students connected to China. The public has a strong interest in getting this information considering the government’s potential targeting of individuals of Chinese or Asian descent based on their race or ethnicity."
2020/08/10 FOIA Request on Chinese and International Students
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Houston:
After the closure of Chinese Consulate General 
China's Consulate in Houston was shut down on July 24, after being accused of a "spy center" to conduct spying activities with medical center or universities in the Houston area. Within the past week, FBI agents have begun to knock on doors to demand interviews with persons of Chinese descent, creating fear and anguish. Community leaders expressed concerns about a "witch hunt" for “spies” by the FBI to use Chinese Americans as “scapegoat” to justify the political claim, for which the government has provided few supporting evidences.
On July 26, the Intercept published an article: Was The Chinese Consulate in Houston Really a Hotbed of Economic Espionage? According to the article, “people close to China-related investigations in Houston say the decision to close the consulate may be more about politics than spy threats.” On August 6, 2020, OCA, UCA, the Asian American Justice Center, and other organizations will co-host a “Know Your Rights” webinar to address the urgent question, "What to do if you are questioned by the FBI or police?" Call in phone number: +1 346 248 7799 Zoom meeting ID: 881 7264 1353 https://us02web.zoom.us/88172641353 Email your questions to
Resources
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休斯顿：
中国领事馆关闭之后 
在被指控为 “间谍中心” 与休斯顿地区的医疗中心或大学进行间谍活动之后，中国领事馆于2020年7月24日被关闭。在过去一周内，联邦调查局（FBI）特工开始敲门要求对在美华人进行采访，造成恐惧和担忧。政府对 “间谍中心” 的指控提供很少的支持证据。社区领袖对联邦调查局将问题政治化，以 “猎巫” 手段寻找 “间谍” ，将华裔美国人作为 “替罪羊” ，表示担忧。
7月26日，《拦截》杂志发表一篇文章：中国驻休斯敦领事馆真的是经济间谍活动的温床吗？文章称，“接近休斯敦与有关中国的调查人员说，关闭领事馆的决定可能更多是关于政治，而不是间谍威胁。” 2020年8月6日，OCA，UCA，亚裔司法中心和其他组织将共同举办“了解您的权利”网络研讨会，以解决紧急问题：“如果FBI或警察对您提出质疑，该怎么办？ ” 电话: +1 346 248 7799 Zoom meeting ID: 881 7264 1353 https://us02web.zoom.us/88172641353 Email your questions to
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