Stanford Univeristy Faculty Calls for End of "China Initiative" in Letter to AG
What you can do to endorse* the Stanford University faculty letter:
Key identified flaws of the "China Initiative" according to the Stanford letter:
- Sign on to this campaign before November 3, 2021: https://bit.ly/EndorseStanfordLetter
- Follow the Instructions in the Winds of Freedom website on further action to endorse the Stanford letter or send your own letter: https://bit.ly/38ZxKre
Key identified flaws of the "China Initiative" according to the Stanford letter:
- The "China Initiative" disproportionally targets researchers of Chinese origin.
- In most of the "China Initiative" cases involving academics, the alleged crime has nothing to do with scientific espionage or intellectual property theft.
- The "China Initiative" is harming the U.S. science and technology enterprise and the future of the U.S. STEM workforce.
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Data and Information Sources
2021/09/21 Committee of 100: Racial Disparities in Economic Espionage Act Prosecutions: A Window Into The New Red Scare 2021/09/14 SSRN: Red Scare? A Study of Ethnic Prejudice in the Prosecutions under the Economic Espionage Act, PIER Working Paper No. 21-022 2021/08/18 LinkedIn: The Importance of Data in Fighting Racial Profiling: from FedCases to "China Initiative” and Beyond 2021/02/09 Cato Institute: Espionage, Espionage‐Related Crimes, and Immigration: A Risk Analysis, 1990–2019 |
Source: Law360
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Click on image to view the letter
On September 8, 2021, a group of 177 Stanford University faculty members from more than 40 departments, including 8 Nobel laureates, sent an open letter to the U.S. Attorney General Merrick B. Garland, requesting that he terminate the Department of Justice's "China Initiative."
While acknowledging the importance to U.S. of protecting both intellectual property and information that is essential to our national and economic security, the faculty members express their concerns of racial profiling and the harm to the United States' research and technology competitiveness. The initiative has led to a significant increase of investigations and prosecutions to researchers in academia, with most cases unrelated to intellectual property theft or scientific/economic espionage. The investigations have been disproportionately targeting researchers of Chinese origin. According to the letter, the chilling effect of the "China Initiative" is discouraging many scholars from coming to or staying in the U.S. Therefore, the "China Initiative" should be terminated.
The Stanford faculty members have created a website to host the open letter and provide background and other related information. The name "Winds of Freedom" for the website comes from the Stanford motto "Die Luft der Freiheit weht" ("The Winds of Freedom Blow").
Since September 8, 214 UC Berkeley faculty members, 167 Temple University faculty members, and 198 Princeton faculty members have joined and sent their letters to AG Garland.
Starting on October 14, 2021, APA Justice launched a campaign and call for additional faculty members and qualified endorsers* from universities and educational institutions across the U.S. to endorse the Stanford letter. You can sign up here: https://bit.ly/EndorseStanfordLetter. The campaign closes around November 3, 2021.
* For the purpose of this campaign, a qualified endorser is defined as a person with the current or former rank of professor, associate professor, assistant professor, lecturer, scholar, or administrator, who has a valid and verifiable .edu email address at an accredited university or similar educational institution in the United States. Titles and associations are for identification only; endorsers do not represent the university or institution. Where judgment on the status of an endorser may be needed, final decision will be made by the organizers of this campaign.
Links and References
2021/10/18 Winds of Freedom: 198 faculty members of Temple University endorsed Stanford letter
Stanford Review: Stanford Professors Respond to the Review on DOJ's China Initiative
2021/10/15 Ohio Chinese American Association 俄州亚太联盟: 邀请全美大学教职员联署斯坦福给美司法部长的信
2021/10/14 APA Justice: Sign on to Endorse Stanford Letter to AG Garland to End DOJ's "China Initiative"
Change.org: Endorse Stanford Faculty Letter to End "China Initiative" Now
2021/10/12 Winds of Freedom: 167 faculty members of Temple University endorsed Stanford letter
2021/09/30 Winds of Freedom: 214 faculty members of UC Berkeley endorsed Stanford letter
2021/09/15 Indian Express: Explained: Why academics are urging US to end initiative looking for ‘Chinese spies’ in universities
2021/09/14 Fox News: Stanford faculty denounce DOJ China Initiative, seek end to screening of Chinese researchers for spy threats
Guardian: Abolish Trump-era ‘China Initiative’, academics urge, amid racial profiling criticism
2021/09/13 Reuters: Stanford professors urge U.S. to end program looking for Chinese spies in academia
U.S. News & World Report: Stanford Professors Urge U.S. to End Program Looking for Chinese Spies in Academia
The Hill: Stanford professors ask DOJ to stop looking for Chinese spies at universities in US
Newsweek: Professors Accuse Trump-Era 'China Initiative' of Racially Profiling Chinese Scholars
ShoreNews: Stanford Professors Tell DOJ To Stop Looking For Chinese Spys On Their Campus
Daily Caller: Stanford Professors Ask DOJ To Stop Program Looking For Chinese Spies Over ‘Racial Profiling’ Concerns
The College Post: Stanford Professors Urge End to Search for Chinese Spies
Academe: Stanford Professors Urge End to US Government’s “China Initiative”
The College Fix: Stanford professors urge Justice Department to end program meant to find Chinese spies on campus
2021/09/08 Winds of Freedom: Stanford Faculty Members Open Letter to AG Garland to End the "China Initiative"
While acknowledging the importance to U.S. of protecting both intellectual property and information that is essential to our national and economic security, the faculty members express their concerns of racial profiling and the harm to the United States' research and technology competitiveness. The initiative has led to a significant increase of investigations and prosecutions to researchers in academia, with most cases unrelated to intellectual property theft or scientific/economic espionage. The investigations have been disproportionately targeting researchers of Chinese origin. According to the letter, the chilling effect of the "China Initiative" is discouraging many scholars from coming to or staying in the U.S. Therefore, the "China Initiative" should be terminated.
The Stanford faculty members have created a website to host the open letter and provide background and other related information. The name "Winds of Freedom" for the website comes from the Stanford motto "Die Luft der Freiheit weht" ("The Winds of Freedom Blow").
Since September 8, 214 UC Berkeley faculty members, 167 Temple University faculty members, and 198 Princeton faculty members have joined and sent their letters to AG Garland.
Starting on October 14, 2021, APA Justice launched a campaign and call for additional faculty members and qualified endorsers* from universities and educational institutions across the U.S. to endorse the Stanford letter. You can sign up here: https://bit.ly/EndorseStanfordLetter. The campaign closes around November 3, 2021.
* For the purpose of this campaign, a qualified endorser is defined as a person with the current or former rank of professor, associate professor, assistant professor, lecturer, scholar, or administrator, who has a valid and verifiable .edu email address at an accredited university or similar educational institution in the United States. Titles and associations are for identification only; endorsers do not represent the university or institution. Where judgment on the status of an endorser may be needed, final decision will be made by the organizers of this campaign.
Links and References
2021/10/18 Winds of Freedom: 198 faculty members of Temple University endorsed Stanford letter
Stanford Review: Stanford Professors Respond to the Review on DOJ's China Initiative
2021/10/15 Ohio Chinese American Association 俄州亚太联盟: 邀请全美大学教职员联署斯坦福给美司法部长的信
2021/10/14 APA Justice: Sign on to Endorse Stanford Letter to AG Garland to End DOJ's "China Initiative"
Change.org: Endorse Stanford Faculty Letter to End "China Initiative" Now
2021/10/12 Winds of Freedom: 167 faculty members of Temple University endorsed Stanford letter
2021/09/30 Winds of Freedom: 214 faculty members of UC Berkeley endorsed Stanford letter
2021/09/15 Indian Express: Explained: Why academics are urging US to end initiative looking for ‘Chinese spies’ in universities
2021/09/14 Fox News: Stanford faculty denounce DOJ China Initiative, seek end to screening of Chinese researchers for spy threats
Guardian: Abolish Trump-era ‘China Initiative’, academics urge, amid racial profiling criticism
2021/09/13 Reuters: Stanford professors urge U.S. to end program looking for Chinese spies in academia
U.S. News & World Report: Stanford Professors Urge U.S. to End Program Looking for Chinese Spies in Academia
The Hill: Stanford professors ask DOJ to stop looking for Chinese spies at universities in US
Newsweek: Professors Accuse Trump-Era 'China Initiative' of Racially Profiling Chinese Scholars
ShoreNews: Stanford Professors Tell DOJ To Stop Looking For Chinese Spys On Their Campus
Daily Caller: Stanford Professors Ask DOJ To Stop Program Looking For Chinese Spies Over ‘Racial Profiling’ Concerns
The College Post: Stanford Professors Urge End to Search for Chinese Spies
Academe: Stanford Professors Urge End to US Government’s “China Initiative”
The College Fix: Stanford professors urge Justice Department to end program meant to find Chinese spies on campus
2021/09/08 Winds of Freedom: Stanford Faculty Members Open Letter to AG Garland to End the "China Initiative"
The Unraveling "China Initiative"
Click on image to read report
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On September 17, 2021, The Editor-in-Chief of The Diplomat published Has the ‘China Initiative’ Run Its Course? The comprehensive article raised the question: After a resounding legal defeat, will the Justice Department change stance on the controversial program? The initiative potentially covers a lot of ground, making it hard at times to know what officially counts as part of the "China Initiative." “No one has been able to explain to me how a case gets labeled a China Initiative case,” [Seton Hall University Law Professor Margaret] Lewis said. “…By nature, it’s a bit of an amorphous creature.”
On September 16, 2021, LA Times published Why Trump’s anti-spy ‘China Initiative’ is unraveling. The article covered recently dropped "China Initaitve" cases including visiting UCLA researcher Lei Guan and Professor Anming Hu. According to the report, Michael German, a former FBI agent who serves as a fellow for the Brennan Center for Justice’s Liberty & National Security Program, said the recent dismissals revealed how weak many of the cases were. “Obviously, the FBI and Justice Department are under pressure to produce indictments against people with a so-called ‘nexus to China’ to match the political rhetoric sensationalizing the espionage threat from the Chinese government,” he said. “Even FBI analysts appear to have felt the investigators’ effort to connect these defendants to the Chinese military was overwrought.” On September 16, 2021, the Washington Post published on its front page As cases fail, security initiative's aim is questioned. According to the report, to federal investigators, Qing Wang was an example of China’s growing effort to co-opt scientists in the United States — part of a vast campaign to steal American secrets and technology. But a string of dismissed cases including Wang's has amplified concerns among some lawmakers and activists about whether prosecutors have been overzealous in pursuing researchers of Chinese descent. The issue goes beyond whether the government is bringing prosecutions it can win. Critics say the cases raise the question of whether a program designed to address a national security threat posed by the Chinese government has strayed, targeting researchers on lesser allegations of fraud without compelling evidence that they pose a danger to the United States. |
Links and References
2021/10/20 Radio Free Asia: FBI secretly investigating respected US oceanographer’s China ties
2021/10/19 NBC News: How a federal push to stop Chinese scientists from stealing U.S. secrets has sputtered in court
2021/09/28 Law360: 'Overheated': How A Chinese-Spy Hunt At DOJ Went Too Far
2021/09/26 Philadelphia Inquirer: Why Trump’s anti-spy ‘China Initiative’ is unraveling
2021/09/19 Detroit News: Why Trump's anti-spy 'China Initiative' is unraveling
2021/09/17 The Diplomat: Has the ‘China Initiative’ Run Its Course?
2021/09/16 LA Times: Why Trump’s anti-spy ‘China Initiative’ is unraveling
Washington Post: As cases fail, security initiative's aim is questioned
AIP: Judge Acquits Nanotechnologist as Pressure Mounts on DOJ China Initiative
2021/09/14 Guardian: Abolish Trump-era ‘China Initiative’, academics urge, amid racial profiling criticism
2021/08/05 WilmerHale: DOJ’s “China Initiative” Falters
2021/10/20 Radio Free Asia: FBI secretly investigating respected US oceanographer’s China ties
2021/10/19 NBC News: How a federal push to stop Chinese scientists from stealing U.S. secrets has sputtered in court
2021/09/28 Law360: 'Overheated': How A Chinese-Spy Hunt At DOJ Went Too Far
2021/09/26 Philadelphia Inquirer: Why Trump’s anti-spy ‘China Initiative’ is unraveling
2021/09/19 Detroit News: Why Trump's anti-spy 'China Initiative' is unraveling
2021/09/17 The Diplomat: Has the ‘China Initiative’ Run Its Course?
2021/09/16 LA Times: Why Trump’s anti-spy ‘China Initiative’ is unraveling
Washington Post: As cases fail, security initiative's aim is questioned
AIP: Judge Acquits Nanotechnologist as Pressure Mounts on DOJ China Initiative
2021/09/14 Guardian: Abolish Trump-era ‘China Initiative’, academics urge, amid racial profiling criticism
2021/08/05 WilmerHale: DOJ’s “China Initiative” Falters
Professor Anming Hu Acquitted!!!
On September 9, 2021, Judge Thomas Varlan issued a Memorandum Opinion and Order and acquitted Professor Anming Hu of all charges in his indictment.
Professor Hu is the first academic to go to trial under the "China Initiative." Read more about the latest developments and background of Professor Hu's case at Anming Hu.
Five More "China Initiative" Cases Dropped
FBI Reports Behind the Dismissal of The Five Visa Fraud Cases under the "China Initiative"
Five visa fraud cases involving five researchers from China were abruptly dismissed by the Department of Justice (DOJ) in July 2021. They were all listed as "China Initiative" cases. The trial of Dr. Juan Tang was about to begin on Monday, July 26, 2021, when DOJ motioned to dismiss the case on July 22. A year earlier, the indictment of these scientists coincided with the closing of China's consulate in Houston, which was alleged to be a "spy center." FBI agents followed by conducting massive local interviews in search of "spies," creating intense fear and anxiety in the Chinese American community.
DOJ did not provide an explanation for the dismissals. However, on July 22, 2021, Reuters reported that there was "recently disclosed evidence of a report by FBI analysts that questioned if the visa application question on 'military service' was clear enough for Chinese medical scientists at military universities and hospitals." In another report by the Washington Post, an unnamed official was quoted to say that "the punishment for visa fraud typically does not exceed a year. That fact, combined with the prospect of prolonged litigation in several instances, led officials to assess that the interests of justice were best served by dropping the cases."
Upon further research, defense attorneys for Dr. Tang filed a Defendant's Trial Brief and Memorandum Supporting Dismissal at Trial on July 19, 2021. It included a section on "The FBI’s Deliberate Failure to Disclose Critical Exculpatory Evidence to the Court and to the Defense Warrants a Dismissal of this Ill-Conceived Indictment."
"There is dissension in the FBI’s own ranks," the trial brief started. It cited that the government intentionally did not comply with the discovery order for the trial and highlighted that "... just days ago, a heavily redacted report dated for release four months ago, on April 1, 2021, which the government did not disclose to this Court when it ruled on Dr. Tang’s Motion to Dismiss." Exhibit A shows a FBI Background Note dated April 1, which includes a statement that investigations and expert interviews "suggest that the visa application form (DS-160) potentially lacks clarity when it comes to declaring one's military service or affiliation."
A partially redacted draft FBI report appeared as part of an exhibit in a non-motion response filed in the case of Lei Guan on July 12, 2021. It is titled Fourth Military Medical University Interviews and Arrests Likely Had Minimal Impact in Mitigating Technology Transfer Threats from PRC Students dated March 19, 2021. You can access the file on the APA Justice website here: https://bit.ly/3zuhQR9.
The 28-page exhibit includes a draft white paper that provides assessments on seven cases under the "China Initiative," including the five that were dismissed. The draft paper states that targeting of the researcher and students "likely had minimal, short-term positive impact on the technology transfer threat from PRC students, scholars, and researchers." In addition, "[o]nly two of the arrests has a nexus to technology transfer violations, ... and none included charges related to other counterintelligence concerns."
The operation "likely contributed to the deterioration of the FBI's delicate yet valuable relationship with some US universities by not exercising more caution before approaching PRC students." Although there was strong advice against investigating and arresting students and researchers with the operation, "several FBI field offices proceeded with visa fraud charges for individuals who met the criteria but did not meet the threshold for a high-priority technology transfer threat."
"It is in the best national security interest of the FBI to strategically identify, target, and mitigate PRC technology transfer threats while also preserving educational opportunities in the United States for PRC students who do not pose a threat," said an unredacted portion of the FBI report. A footnote also stated that "the FBI does not consider clinical medicine an area of concern for PRC technology transfer."
According to the exhibit, a FBI Supervisory Intelligence Analyst drafted the report as a response to a February 2021 award nomination. She was originally included as part of the award nomination but disagreed about the "high impact" the award's nomination claimed to have made. She did not think the arrest of the PLA students met the threshold for high impact at that time, as she assessed at an early stage the impact was minimal. The draft was a way for her to dispute the information contained in the awards packet. She removed herself from the award nomination.
John Demers, former head of the "China Initiative" at DOJ, and William Evanina, former chief of the counterintelligence branch at ODNI, stated in December 2020 that more than 1,000 Chinese researchers have left the United States amid the U.S. crackdown on alleged technology theft from China.
Links and References
2021/07/19 Doc 195: Defendant's Trial Brief and Memorandum Supporting Dismissal at Trial. USA vs. Juan Tang
Exhibit 195-01: FBI Background Note and Interview of Jesse Field. USA vs Juan Tang
2021/03/18 Doc 220-2: FBI study on Fourth Military Medical University Interviews and Arrests Likely Had Minimal Impact in Mitigating Technology Transfer Threats from PRC Students. USA vs Lei Guan
DOJ did not provide an explanation for the dismissals. However, on July 22, 2021, Reuters reported that there was "recently disclosed evidence of a report by FBI analysts that questioned if the visa application question on 'military service' was clear enough for Chinese medical scientists at military universities and hospitals." In another report by the Washington Post, an unnamed official was quoted to say that "the punishment for visa fraud typically does not exceed a year. That fact, combined with the prospect of prolonged litigation in several instances, led officials to assess that the interests of justice were best served by dropping the cases."
Upon further research, defense attorneys for Dr. Tang filed a Defendant's Trial Brief and Memorandum Supporting Dismissal at Trial on July 19, 2021. It included a section on "The FBI’s Deliberate Failure to Disclose Critical Exculpatory Evidence to the Court and to the Defense Warrants a Dismissal of this Ill-Conceived Indictment."
"There is dissension in the FBI’s own ranks," the trial brief started. It cited that the government intentionally did not comply with the discovery order for the trial and highlighted that "... just days ago, a heavily redacted report dated for release four months ago, on April 1, 2021, which the government did not disclose to this Court when it ruled on Dr. Tang’s Motion to Dismiss." Exhibit A shows a FBI Background Note dated April 1, which includes a statement that investigations and expert interviews "suggest that the visa application form (DS-160) potentially lacks clarity when it comes to declaring one's military service or affiliation."
A partially redacted draft FBI report appeared as part of an exhibit in a non-motion response filed in the case of Lei Guan on July 12, 2021. It is titled Fourth Military Medical University Interviews and Arrests Likely Had Minimal Impact in Mitigating Technology Transfer Threats from PRC Students dated March 19, 2021. You can access the file on the APA Justice website here: https://bit.ly/3zuhQR9.
The 28-page exhibit includes a draft white paper that provides assessments on seven cases under the "China Initiative," including the five that were dismissed. The draft paper states that targeting of the researcher and students "likely had minimal, short-term positive impact on the technology transfer threat from PRC students, scholars, and researchers." In addition, "[o]nly two of the arrests has a nexus to technology transfer violations, ... and none included charges related to other counterintelligence concerns."
The operation "likely contributed to the deterioration of the FBI's delicate yet valuable relationship with some US universities by not exercising more caution before approaching PRC students." Although there was strong advice against investigating and arresting students and researchers with the operation, "several FBI field offices proceeded with visa fraud charges for individuals who met the criteria but did not meet the threshold for a high-priority technology transfer threat."
"It is in the best national security interest of the FBI to strategically identify, target, and mitigate PRC technology transfer threats while also preserving educational opportunities in the United States for PRC students who do not pose a threat," said an unredacted portion of the FBI report. A footnote also stated that "the FBI does not consider clinical medicine an area of concern for PRC technology transfer."
According to the exhibit, a FBI Supervisory Intelligence Analyst drafted the report as a response to a February 2021 award nomination. She was originally included as part of the award nomination but disagreed about the "high impact" the award's nomination claimed to have made. She did not think the arrest of the PLA students met the threshold for high impact at that time, as she assessed at an early stage the impact was minimal. The draft was a way for her to dispute the information contained in the awards packet. She removed herself from the award nomination.
John Demers, former head of the "China Initiative" at DOJ, and William Evanina, former chief of the counterintelligence branch at ODNI, stated in December 2020 that more than 1,000 Chinese researchers have left the United States amid the U.S. crackdown on alleged technology theft from China.
Links and References
2021/07/19 Doc 195: Defendant's Trial Brief and Memorandum Supporting Dismissal at Trial. USA vs. Juan Tang
Exhibit 195-01: FBI Background Note and Interview of Jesse Field. USA vs Juan Tang
2021/03/18 Doc 220-2: FBI study on Fourth Military Medical University Interviews and Arrests Likely Had Minimal Impact in Mitigating Technology Transfer Threats from PRC Students. USA vs Lei Guan
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In court filings on July 22 and 23, 2021, the Department of Justice (DOJ) abruptly moved to drop visa fraud and other charges against five scientists from China in five separate "China Initiative" cases, including four biomedical and cancer researchers in California and a doctoral candidate studying artificial intelligence in Indiana. U.S. District judges have granted dismissal in three of the five cases.
The five Chinese nationals are:
Prosecutors did not provide explanations in their motions to dismiss. According to multiple media reports, Wyn Hornbuckle, a Justice Department spokesman issued a statement that said "[r]ecent developments in a handful of cases involving defendants with alleged, undisclosed ties to the People’s Liberation Army of the People’s Republic of China have prompted the department to re-evaluate these prosecutions... We have determined that it is now in the interest of justice to dismiss them.” Some of the prosecutions were based on photos of the individuals in uniform. However, wearing a uniform does not always imply military service. There are two non-armed branches in the uniformed services of the United States, including the Public Health Service which is a part of the Department of Health and Human Services. DOJ announced the visa fraud charges against four of the five scientists exactly a year ago on July 23, 2020. The fifth scientist, Lei Guan, was first charged in August 2020 for Destruction and Alteration of Records in a Federal Investigation with visa fraud charges added in September 2020. The U.S. ordered China to close its consulate in Houston on July 24, 2020, accusing it to be a "spy center" to conduct spying activities with local medical center or universities. FBI agents began to knock on doors to demand interviews with persons of Chinese descent, creating fear and anguish in the Chinese American community in Houston. During the August 3, 2020, APA Justice meeting, Houston community leaders provided on-the-ground reports and 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 U.S. government has provided few supporting evidence. They and other local community leaders appealed to Congress to de-escalate the situation, rein in the rhetoric and irresponsible actions, and provide oversight to protect the civil rights of Chinese Americans. OCA, UCA, Advancing Justice | AAJC, and the Asian American Bar Association of Houston co-hosted a “Know Your Rights” webinar on August 6, 2020, to address the urgent question, "What to do if you are questioned by the FBI or police?" Over 850 participated in the webinar. On December 2, 2020, Former Assistant Attorney General John Demers, who headed the "China Initiative," claimed that "more than 1,000 researchers who had hidden their affiliation with the Chinese military fled the United States." |
Non-Armed Uniformed Services of the U.S.
Wearing a uniform does not always imply military service in the U.S. According to Wikipedia, out of the eight branches of uniformed services of the United States, two are non-armed:
Public Health Service Uniforms
Rear Admiral Michael Devany (retired), Deputy Under Secretary for Operations, NOAA, who unjustly terminated the employment of Sherry Chen, hydrologist at the National Weather Service
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Links and References
2021/07/31 South China Morning Post opinion: How the US can craft a bold and positive China agenda that benefits all Americans
2021/07/26 Inside Higher Ed: China Initiative Cases Dismissed
SupChina: A scientist’s future hangs in the balance after another failure of the China Initiative
Los Angeles Times: After feds drop charges against Chinese scholars, new concerns about racial profiling
2021/07/24 New York Times: U.S. Moves to Drop Cases Against Chinese Researchers Accused of Hiding Military Ties
2021/07/23 Wall Street Journal: U.S. Drops Visa Fraud Cases Against Five Chinese Researchers
Washington Post: U.S. drops cases against five researchers accused of hiding ties to Chinese military
Courthouse News: Feds abruptly drop visa fraud charges against Chinese military scientists
Daily Caller: US Drops Charges Against Researchers Accused Of Hiding Affiliation With Chinese Military
NPR: U.S. Moves To Drop Visa Fraud Charge Against A Chinese Researcher
2021/06/17 Reuters: Chinese scientists ensnared in U.S. visa fraud legal battle
2020/12/02 Washington Post: More than 1,000 visiting researchers affiliated with the Chinese military fled the United States this summer, Justice Department says
2020/07/23 Department of Justice: Researchers Charged with Visa Fraud After Lying About Their Work for China’s People’s Liberation Army
2020/07/22 New York Times: U.S. Orders China to Close Houston Consulate, Citing Efforts to Steal Trade Secrets
2021/07/31 South China Morning Post opinion: How the US can craft a bold and positive China agenda that benefits all Americans
2021/07/26 Inside Higher Ed: China Initiative Cases Dismissed
SupChina: A scientist’s future hangs in the balance after another failure of the China Initiative
Los Angeles Times: After feds drop charges against Chinese scholars, new concerns about racial profiling
2021/07/24 New York Times: U.S. Moves to Drop Cases Against Chinese Researchers Accused of Hiding Military Ties
2021/07/23 Wall Street Journal: U.S. Drops Visa Fraud Cases Against Five Chinese Researchers
Washington Post: U.S. drops cases against five researchers accused of hiding ties to Chinese military
Courthouse News: Feds abruptly drop visa fraud charges against Chinese military scientists
Daily Caller: US Drops Charges Against Researchers Accused Of Hiding Affiliation With Chinese Military
NPR: U.S. Moves To Drop Visa Fraud Charge Against A Chinese Researcher
2021/06/17 Reuters: Chinese scientists ensnared in U.S. visa fraud legal battle
2020/12/02 Washington Post: More than 1,000 visiting researchers affiliated with the Chinese military fled the United States this summer, Justice Department says
2020/07/23 Department of Justice: Researchers Charged with Visa Fraud After Lying About Their Work for China’s People’s Liberation Army
2020/07/22 New York Times: U.S. Orders China to Close Houston Consulate, Citing Efforts to Steal Trade Secrets
Statement by APA Justice on Congressional Roundtable
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On June 29, 2021, APA Justice submitted a written statement to the House Subcommittee on Civil Rights and Civil Liberties and the Congressional Asian Pacific American Caucus (CAPAC) for the Congressional Roundtable to be held on June 30, 2021, which will be livestreamed at: https://bit.ly/3xTy2u3
This will be the first Congressional proceeding where the plight of Chinese American scientists and the human and scientific costs of racial profiling will be heard in recent decades. As the roundtable shines light on the human and scientific costs of racial profiling, APA Justice urges the House Subcommittee on Civil Rights and Civil Rights and CAPAC to take the following actions:
The statement is available here: https://bit.ly/3dqURh0 and downloaded below: 
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Additional Statements to the Democratic Member Roundtable
- American Society for Biochemistry and Molecular Biology: Racial Profiling Hurts Science
- Asian Americans Advancing Justice | AAJC: Statement for The Democratic Member Roundtable
- Asian American Scholar Forum: Statement for The Democratic Member Roundtable
- Defending Rights & Dissent: The “China Initiative”: State-sanctioned Chinese American Persecution
- Dr. Stefan Maier: Statement for The Democratic Member Roundtable
- Tennessee Chinese American Alliance: Statement for The Democratic Member Roundtable
Letter from Maryland State Senator Susan Lee on Congressional Roundtable
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Download Senator Susan Lee's Letter:
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On June 27, 2021, Maryland State Senator Susan Lee wrote the following Dear Friend and Colleague letter:
On behalf of myself, Terry Lierman, Dr. Jeremy Wu, Dr. Steven Pei, and the APA Justice team, I would like to express our heartfelt thanks for your support and being a signatory to our alliance’s letter which have helped propel forward a Congressional Roundtable on the Ethnic and Racial Profiling of Chinese American Scientists led and conducted by US Representative Jamie Raskin, Chair of the House Subcommittee on Civil Rights and Civil Liberties and Representative Judy Chu, Chair of the Congressional Asian Pacific American Caucus. You can attend this timely and important roundtable entitled “Researching While Chinese American: Ethnic Profiling, Chinese American Scientists and a New American Brain Drain” on Wednesday, June 30, 2021 at 3:30 pm ET and livestreamed on YouTube: https://bit.ly/3xTy2u3. We strongly URGE you to not only watch this Congressional Proceeding, but also to share this link and information with others (see announcement on next page). The witnesses and Members of Congress will shine light on the enormous devastation this unconscionable profiling has inflicted on the reputations, careers, and lives of many patriotic and innocent scientists and the considerable damage to America’s ability to advance scientific and medical breakthroughs, especially during this current pandemic. The roundtable will also discuss recommendations to address discriminatory actions and consider measures to ensure transparency and accountability. Again, we are grateful to you for joining this dialogue and the engaged participation of the entire wide-ranging coalition effort that initiated, and will enhance the potential outcomes from this Congressional Roundtable. | ||
2021/06/30 Congressional Roundtable on Racial Profiling
ADVISORY: Reps. Raskin and Chu to Hold Democratic Member Roundtable
on the Ethnic and Racial Profiling of Chinese American Scientists
on the Ethnic and Racial Profiling of Chinese American Scientists
WHAT: Roundtable titled “Researching while Chinese American: Ethnic Profiling, Chinese American Scientists and a New American Brain Drain.”
WHEN: Wednesday, June 30, 2021 at 3:30 p.m. ET
WHO:
The event is open to the public via livestream on YouTube at: https://bit.ly/3xTy2u3.
WHEN: Wednesday, June 30, 2021 at 3:30 p.m. ET
WHO:
- Xiaoxing Xi, Laura H. Carnell Professor of Physics, Temple University*
- Sherry Chen, Hydrologist, Ohio River Forecast Center, National Weather Service, NOAA*
- Steven Chu, Former Secretary of Energy; Professor, Stanford University*
- Randy Katz, Vice Chancellor for Research and United Microelectronics Corporation, Distinguished Professor in Electrical Engineering and Computer Science, University of California, Berkeley*
The event is open to the public via livestream on YouTube at: https://bit.ly/3xTy2u3.
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2021/06/30 Rep. Jamie Raskin: Roundtable by Reps. Raskin and Chu Hears about Effects of Ethnic Profiling against Chinese American Scientists
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On Wednesday, June 30, 2021 at 3:30 p.m. ET, Representative Jamie Raskin, Chair of the Subcommittee on Civil Rights and Civil Liberties, and Representative Judy Chu, Chair of the Congressional Asian Pacific American Caucus, will hold a roundtable entitled “Researching while Chinese American: Ethnic Profiling, Chinese American Scientists and a New American Brain Drain.”
The Department of Justice (DOJ) has long targeted Chinese Americans in extensive investigations into foreign espionage, leading to multiple false arrests of innocent Chinese American scientists. These efforts ramped up in federal agencies under the Trump Administration’s China Initiative, causing numerous scientists to lose their jobs despite not unveiling chargeable criminal conduct. This roundtable will examine the federal government’s alleged racial profiling of Chinese American scientists, and address how the continued harassment harms the broader U.S. scientific community. |
2021/07/15 American Institute of Physics: Protests Growing Against Justice Department’s China Initiative
2021/07/03 IAM: Feds don’t need a ‘China Initiative’ to go after trade secret theft
South China Morning Post: US-China tech war: In the battle for talent, the US is ‘shooting ourselves in the foot’
返朴: 美国国会首次关注政府对华裔科学家的种族偏见政策
2021/06/30 Rep. Jamie Raskin: Roundtable by Reps. Raskin and Chu Hears about Effects of Ethnic Profiling against Chinese American Scientists
People's World: Will Biden continue the racist Trump-era ‘China Initiative?’
2021/06/29 世界新聞網: 華裔科學家面臨政府「種族調查」 6/30國會圓桌討論
MIT Technology Review: We are all Gang Chen
2021/06/28 American Institute of Physics: Lawmakers Examining Alleged Profiling of Chinese Scientists
2021/07/03 IAM: Feds don’t need a ‘China Initiative’ to go after trade secret theft
South China Morning Post: US-China tech war: In the battle for talent, the US is ‘shooting ourselves in the foot’
返朴: 美国国会首次关注政府对华裔科学家的种族偏见政策
2021/06/30 Rep. Jamie Raskin: Roundtable by Reps. Raskin and Chu Hears about Effects of Ethnic Profiling against Chinese American Scientists
People's World: Will Biden continue the racist Trump-era ‘China Initiative?’
2021/06/29 世界新聞網: 華裔科學家面臨政府「種族調查」 6/30國會圓桌討論
MIT Technology Review: We are all Gang Chen
2021/06/28 American Institute of Physics: Lawmakers Examining Alleged Profiling of Chinese Scientists
Letter to The White House Calling for Response to Inquiries
Click to view letter
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On June 17, 2021, APA Justice sent a letter to Erika Moritsugu, Deputy Assistant to the President and Asian American and Pacific Islander Senior Liaison at the White House, urging the Biden-Harris Administration to respond to the standing Congressional and Freedom of Information (FOIA) requests and provide full data and information publicly to justify the continuation of the "China Initiative" and related racial profiling policies and practices.
In summary, without further delay, we respectfully request the Biden-Harris administration to:
Download letter in PDF format
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Congressional Staffer Roundtable on Research Integrity
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Frank H. Wu, President of Queens College, City University of New York, appeared as part of a roundtable briefing on research integrity, for senior staffers to members of Congress. The virtual event on May 5, 2021 was organized by the majority and the minority of the Committees on Science, Space, and Technology; Commerce, Science, and Transportation; and Armed Services (House and Senate). In addition to President Wu, the event included the following speakers:
Speakers
President Wu shared his written submission with APA Justice. In his remarks, he emphasized three “Cs” that should be promoted and one “C” to be avoided:
And not
2021/04/09 House Science and Armed Services Committees Letter to Presdient Biden |
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The Human and Scientific Costs of Racial Profiling Must be Heard
FOR IMMEDIATE RELEASE
February 1, 2021
Contact:
Senator Susan C. Lee susan.lee@senate.state.md.us
Terry Lierman terry@liermanadvisors.com
The Human and Scientific Costs of Racial Profiling Must be Heard
Scientific and Civil Rights Leaders and Organizations request US Representative Jamie Raskin, Chair of the House Subcommittee on Civil Rights and Civil Liberties, conduct House Hearings to address racial profiling and investigations of scientists and scholars of Chinese and Asian descent
February 1, 2021
Contact:
Senator Susan C. Lee susan.lee@senate.state.md.us
Terry Lierman terry@liermanadvisors.com
The Human and Scientific Costs of Racial Profiling Must be Heard
Scientific and Civil Rights Leaders and Organizations request US Representative Jamie Raskin, Chair of the House Subcommittee on Civil Rights and Civil Liberties, conduct House Hearings to address racial profiling and investigations of scientists and scholars of Chinese and Asian descent
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WASHINGTON, D.C. – An alliance of prominent scientific and civil rights leaders and organizations nationwide representing thousands of individuals, spearheaded by Maryland State Senator Susan Lee and the Institute of Human Virology at the University of Maryland Co-Chair Terry Lierman, have signed a letter requesting that US Representative Jamie Raskin (D-MD), Chair of the House Subcommittee on Civil Rights and Civil Liberties, conduct an oversight hearing to address the profiling of scientists and scholars of Chinese or Asian descent based on the misguided perception that simply being of Chinese or Asian descent or having ties to China make them prone to espionage.
The alliance has requested the committee look into the broad sweep of the Federal Bureau of Investigation’s counterintelligence efforts and the National Institute of Health’s related actions against scientists of Chinese or Asian descent which have resulted in the loss of their jobs, reputations and devastation of their lives and families, even though they were later proven innocent. Maryland State Senate Majority Whip Susan Lee, whose district includes NIH, stated, “While we strongly support efforts to safeguard America’s interests and prosecute wrongdoers, it would be a grave injustice to target, stereotype, or place under suspicion an entire ethnic group. Many of these patriotic scientists have spent a lifetime of work dedicated to advancing medical breakthroughs which have made America one the global leaders in science and technology. They are a part of the solution to the United States’ global challenges, not a threat.” “The overzealous, broad, unchecked, and overreaching activities fueled by a xenophobic and toxic political climate have not only led to mistakes in investigations or prosecutions and civil rights violations, but also have crippled America’s ability to develop medical innovations that can enhance the quality of and save lives, especially during this Covid-19 pandemic. We need the committee to shine light on any discriminatory policies being employed by those agencies to ensure there is fairness, transparency and accountability,” said Terry Lierman. For decades, international scientific collaborations and exchanges between United States and foreign academic and research institutions have been strongly encouraged and supported by the NIH and other academic entities, but now, they are being criminalized. “Science - like America itself - thrives on freedom, openness, and inclusiveness - there is no room for discrimination against men and women from China or anywhere else based on nationality," former White House science advisor Dr. Neal F. Lane said. "The PRC Government's rising nationalism and use of its economic clout to influence U.S. universities and society are real and growing, but any U.S. Government response that assumes all students, scientists, and scholars of Chinese descent are potential intelligence risks is unfair and unwise profiling that has no place in our democracy," said Dr. Wallace Loh, former President of the University of Maryland, College Park. To date, Congress has held numerous hearings focused only on the espionage threat, but it has not addressed the civil rights violations of Chinese Americans who have been wrongly targeted or the longterm consequences and damages to the American research enterprise and minority communities if this pattern of racial profiling continues. “The Department of Justice launched the ‘China Initiative’ to counter perceived ‘national security threats.’ But the past two years have shown an over-emphasis on national security and an underemphasis on bias. I join others in calling for the end of the ‘China Initiative’,” said Professor Margaret Lewis of Seton Hall University Law School. “We are deeply concerned with the racial profiling and unjust prosecutions of Asian Americans and immigrants by the government,” said John C. Yang, Advancing Justice – AAJC’s President and Executive Director. “This latest wave of xenophobia has instilled fear within our communities as many Chinese Americans and immigrants are once again caught in our country’s long history of suspicion and racial discrimination against Asian Americans. We urge Congress to engage in oversight on this issue by holding a public hearing on this issue.” “Xenophobic targeting and persecution of Chinese Americans is causing irreparable damage not only to the impacted persons and their families, but also creates fear, suspicion, and hate towards the Asian American community. It must stop. It is grossly unjust and unfair to target an entire ethnic group from specific countries,” said Dr. Steven Pei and Dr. Jeremy Wu, Co-Leaders of the APA Justice Task Force. |
2021/02/01 Calling for a Congressional Hearing on Racial Profiling of Asian American and Chinese Scientists (Full Package)
What You Can Do To Help
Additonal Links and References
2021/04/23 APA Justice: Letter to House Majority Leader Steny Hoyer 2021/04/09 House Science and Armed Services Committees Letter to Presdient Biden 2021/03/18 Maryland Senate President Bill Ferguson and Senator Susan Lee Speak on Standing Up Against the Surge of Hate Crimes and Violence Against Asian Americans and Pacific Islanders (video 6:39) 2021/03/02 Inside Higher Ed: Reconsidering the ‘China Initiative’ 2021/02/26 Science Editorial: Clarity on the crackdown 2021/02/22 Lawfare: Beyond the China Initiative 2021/02/16 The Atlantic: Fears of China Are Disrupting American Science 2021/02/09 GenomeWeb: Investigation of Racial Profiling Sought 2021/02/05 Science: U.S. scientists want Congress to look into complaints of racial profiling in China Initiative 2021/02/02 South China Morning Post: Letter urges US Congress to hold hearings on racial profiling of Asian-Americans 2021/02/01 Change.org: We Are All Gang Chen 2021/01/28 Bloomberg Law: Biden’s DOJ Needs to End War on Chinese-American Scientists |
Federal Grant Applications in the Era of the “China Initiative”: How to Avoid Trouble
WHEN: Thursday, March 4, 2021 at 5pm ET/4pm CT/3pm MT/2pm PT
WHAT: Webinar
REGISTRATION: https://bit.ly/GrantWebinar-AAJC
DESCRIPTION: The Department of Justice’s “China Initiative” has unfairly targeted and profiled Asian American and Asian immigrant scientists, researchers, and scholars — particularly those of Chinese descent. Federal agencies have led grant fraud investigations against Asian American and Asian immigrant scientists and researchers. This has included criminalizing errors such as failing to disclose certain information to universities, research institutions, or federal agencies, which has ruined careers and left lives in shambles. In this educational webinar, you will hear from attorneys on how to navigate current guidelines from federal grantmaking agencies on the disclosure of foreign activities, including conflict of interest and current and pending support disclosures in grant applications. The panelists will also discuss tax and foreign bank account reporting obligations associated with foreign income received by U.S. researchers.
HOST: Asian Americans Advancing Justice | AAJC
Speakers:
LINK:
WHEN: Thursday, March 4, 2021 at 5pm ET/4pm CT/3pm MT/2pm PT
WHAT: Webinar
REGISTRATION: https://bit.ly/GrantWebinar-AAJC
DESCRIPTION: The Department of Justice’s “China Initiative” has unfairly targeted and profiled Asian American and Asian immigrant scientists, researchers, and scholars — particularly those of Chinese descent. Federal agencies have led grant fraud investigations against Asian American and Asian immigrant scientists and researchers. This has included criminalizing errors such as failing to disclose certain information to universities, research institutions, or federal agencies, which has ruined careers and left lives in shambles. In this educational webinar, you will hear from attorneys on how to navigate current guidelines from federal grantmaking agencies on the disclosure of foreign activities, including conflict of interest and current and pending support disclosures in grant applications. The panelists will also discuss tax and foreign bank account reporting obligations associated with foreign income received by U.S. researchers.
HOST: Asian Americans Advancing Justice | AAJC
Speakers:
- John C. Yang, President & Executive Director, Asian Americans Advancing Justice | AAJC
- Peter Zeidenberg, Partner, Arent Fox LLP
- Catherine Pan-Giordano, Partner, Dorsey & Whitney LLP
LINK:
- Video Recording of Webinar (video 1:02:24)
Letter to President-Elect Biden to End "China Initiative"
On January 5, 2021, a group of community organizations, advocacy groups, science associations, and individuals sent a letter to President-elect Joe Biden urging the incoming administration to end the Justice Department’s “China Initiative” and take further steps to combat the pervasive racial bias and targeting of Asian American and Asian immigrant scientists, researchers, and students by the federal government. Among the signatories are people who have been directly impacted by the government’s unjust prosecutions of Asian Americans.
The letter, spearheaded by the Asian Americans Advancing Justice affiliation, Brennan Center for Justice, and APA Justice Task Force, denounces the “China Initiative” for discriminatory investigations and prosecutions of Asian Americans and Asian immigrants, particularly those of Chinese descent working in fields of science. Many of the investigations and prosecutions under this initiative target people with any “nexus to China” rather than on evidence of economic espionage as it purports to do, which has revealed a sharp rise in the profiling and targeting of Asian American and Asian immigrant scientists and researchers.
Even after not finding any evidence of espionage, federal prosecutors are charging many Asian Americans and Asian immigrants with federal crimes based on administrative errors or minor offenses such as failing to disclose information to universities or research institutions and other activities under the pretext of combating economic espionage. As a result, Asian American and Asian immigrant scientists, researchers, and scholars are ensnared by overzealous prosecutions riddled with racial bias that are ruining careers and leaving lives in shambles.
The letter includes a set of recommendations, which first calls for an immediate end to the “China Initiative” and a complete review of all prosecutions and investigations closed prior to prosecution under the initiative. It also urges the incoming administration to review and take measures throughout the Federal Government’s law enforcement, intelligence, and scientific research funding agencies to combat other patterns of racial bias against Asian American and Asian immigrant scientists and federal employees. The letter and list of organizations and individuals that signed on can be found here.
“This latest wave of xenophobia against Asian Americans and Asian immigrants follows a long history of Asian Americans and immigrants being stereotyped as “perpetual foreigners,” scapegoated, and profiled as spies disloyal to the United States,” said John C. Yang, Advancing Justice – AAJC’s president and executive director. “Individual cases of wrongful arrests and prosecutions of Asian American scientists and researchers along with racial rhetoric from public officials reveal that racial bias exists and has translated into real harm for the Asian American community.”
"Basing criminal investigations on national origin and Chinese ancestry is unconstitutional and a waste of resources," said Glenn Katon, Advancing Justice - Asian Law Caucus Director of Litigation. "When the government prosecutes scientists and researchers simply so public officials can look tough, no one is made safer. The Biden administration has the chance to protect Asian Americans and Asian immigrants across this country - they should take it."
"Racial profiling has proven to be an ineffective, divisive, and counterproductive law enforcement tactic, and yet the Justice Department inexplicably still promotes its use through programs like the ‘China Initiative'," said Brennan Center fellow Michael German, a former FBI agent. "Pressuring all U.S. Attorneys' Offices to initiate 'China Initiative' cases compels racial, ethnic, and national origin profiling, which undermines our security and the rule of law by targeting investigations based on a person's 'nexus to China' rather than evidence of serious wrongdoing."
"Foreign-born scientists of Chinese origin have been an integral part of American innovation and global leadership. Our nation can protect our scientific and research security and successfully compete in the global marketplace for international scientific talent, but not by overzealous, xenophobic targeting of top talents that ruins lives and drives them to foreign countries that have been trying to recruit them unsuccessfully," said Professor Steven Pei, a leader for the APA Justice Task Force.
Links and References
2021/08/24 Rafu Shimpo: AAPI Civil Rights Groups Ask Biden to Pause DOJ’s China Initiative
2021/08/19 Coalition Letter: AAPI Organizations Urge President Biden to Speak Out and Act More
2021/07/22 Foreign Policy: Time to End the U.S. Justice Department’s China Initiative
2021/07/15 American Institute of Physics: Protests Growing Against Justice Department’s China Initiative
2021/04/21 Amnesty International: Calls on Biden administration to end “China Initiative”
2021/04/09 Advancing Justice | AAJC: Petition to President Biden to End the "China Initiative"
2021/03/02 Inside Higher Ed: Reconsidering the ‘China Initiative’
2021/02/22 Lawfare: The Biden Administration Should Review and Rebuild the Trump Administration’s China Initiative From the Ground Up
2021/02/16 The Atlantic: Fears of China Are Disrupting American Science
2021/01/26 White House: Memorandum Condemning and Combating Racism, Xenophobia, and Intolerance Against Asian Americans and Pacific Islanders in the United States
2021/01/08 Documented: Chinese Students In The US Caught Up In Geopolitics And Trump's Immigration Crackdown
2021/01/07 US-Asia Law Institute: Time to Reassess and Reframe the US Government's "China Initiative"
2021/01/06 Inside Higher Ed: Groups Call on Biden to End DOJ ‘China Initiative’
2021/01/05 Advancing Justice | AAJC: Joint Letter to President-elect Joe Biden to End DOJ's "China Initiative"
2019/10/03 Nature: Chinese scientists and US leadership in the life sciences
2019/09/04 60 Top Scientific Organizations: Call for Balance Between Open Scientific Environment and Protecting Our Economic and National Security
2019/08/21 150 Pharmaceutical Chiefs and Scientists: Chinese scientists and US leadership in the life sciences
2019/09/12 PEN America: Statement in Response to Report the FBI is urging Universities to Monitor Chinese Students and Scholars
2019/07/01 Committee of Concerned Scientists: U.S. Government Profiling Ethnic Chinese Scientists
2019/03/21 The Society of Chinese Bioscientists in America et al: Racial Profiling Harms Science
The letter, spearheaded by the Asian Americans Advancing Justice affiliation, Brennan Center for Justice, and APA Justice Task Force, denounces the “China Initiative” for discriminatory investigations and prosecutions of Asian Americans and Asian immigrants, particularly those of Chinese descent working in fields of science. Many of the investigations and prosecutions under this initiative target people with any “nexus to China” rather than on evidence of economic espionage as it purports to do, which has revealed a sharp rise in the profiling and targeting of Asian American and Asian immigrant scientists and researchers.
Even after not finding any evidence of espionage, federal prosecutors are charging many Asian Americans and Asian immigrants with federal crimes based on administrative errors or minor offenses such as failing to disclose information to universities or research institutions and other activities under the pretext of combating economic espionage. As a result, Asian American and Asian immigrant scientists, researchers, and scholars are ensnared by overzealous prosecutions riddled with racial bias that are ruining careers and leaving lives in shambles.
The letter includes a set of recommendations, which first calls for an immediate end to the “China Initiative” and a complete review of all prosecutions and investigations closed prior to prosecution under the initiative. It also urges the incoming administration to review and take measures throughout the Federal Government’s law enforcement, intelligence, and scientific research funding agencies to combat other patterns of racial bias against Asian American and Asian immigrant scientists and federal employees. The letter and list of organizations and individuals that signed on can be found here.
“This latest wave of xenophobia against Asian Americans and Asian immigrants follows a long history of Asian Americans and immigrants being stereotyped as “perpetual foreigners,” scapegoated, and profiled as spies disloyal to the United States,” said John C. Yang, Advancing Justice – AAJC’s president and executive director. “Individual cases of wrongful arrests and prosecutions of Asian American scientists and researchers along with racial rhetoric from public officials reveal that racial bias exists and has translated into real harm for the Asian American community.”
"Basing criminal investigations on national origin and Chinese ancestry is unconstitutional and a waste of resources," said Glenn Katon, Advancing Justice - Asian Law Caucus Director of Litigation. "When the government prosecutes scientists and researchers simply so public officials can look tough, no one is made safer. The Biden administration has the chance to protect Asian Americans and Asian immigrants across this country - they should take it."
"Racial profiling has proven to be an ineffective, divisive, and counterproductive law enforcement tactic, and yet the Justice Department inexplicably still promotes its use through programs like the ‘China Initiative'," said Brennan Center fellow Michael German, a former FBI agent. "Pressuring all U.S. Attorneys' Offices to initiate 'China Initiative' cases compels racial, ethnic, and national origin profiling, which undermines our security and the rule of law by targeting investigations based on a person's 'nexus to China' rather than evidence of serious wrongdoing."
"Foreign-born scientists of Chinese origin have been an integral part of American innovation and global leadership. Our nation can protect our scientific and research security and successfully compete in the global marketplace for international scientific talent, but not by overzealous, xenophobic targeting of top talents that ruins lives and drives them to foreign countries that have been trying to recruit them unsuccessfully," said Professor Steven Pei, a leader for the APA Justice Task Force.
Links and References
2021/08/24 Rafu Shimpo: AAPI Civil Rights Groups Ask Biden to Pause DOJ’s China Initiative
2021/08/19 Coalition Letter: AAPI Organizations Urge President Biden to Speak Out and Act More
2021/07/22 Foreign Policy: Time to End the U.S. Justice Department’s China Initiative
2021/07/15 American Institute of Physics: Protests Growing Against Justice Department’s China Initiative
2021/04/21 Amnesty International: Calls on Biden administration to end “China Initiative”
2021/04/09 Advancing Justice | AAJC: Petition to President Biden to End the "China Initiative"
2021/03/02 Inside Higher Ed: Reconsidering the ‘China Initiative’
2021/02/22 Lawfare: The Biden Administration Should Review and Rebuild the Trump Administration’s China Initiative From the Ground Up
2021/02/16 The Atlantic: Fears of China Are Disrupting American Science
2021/01/26 White House: Memorandum Condemning and Combating Racism, Xenophobia, and Intolerance Against Asian Americans and Pacific Islanders in the United States
2021/01/08 Documented: Chinese Students In The US Caught Up In Geopolitics And Trump's Immigration Crackdown
2021/01/07 US-Asia Law Institute: Time to Reassess and Reframe the US Government's "China Initiative"
2021/01/06 Inside Higher Ed: Groups Call on Biden to End DOJ ‘China Initiative’
2021/01/05 Advancing Justice | AAJC: Joint Letter to President-elect Joe Biden to End DOJ's "China Initiative"
2019/10/03 Nature: Chinese scientists and US leadership in the life sciences
2019/09/04 60 Top Scientific Organizations: Call for Balance Between Open Scientific Environment and Protecting Our Economic and National Security
2019/08/21 150 Pharmaceutical Chiefs and Scientists: Chinese scientists and US leadership in the life sciences
2019/09/12 PEN America: Statement in Response to Report the FBI is urging Universities to Monitor Chinese Students and Scholars
2019/07/01 Committee of Concerned Scientists: U.S. Government Profiling Ethnic Chinese Scientists
2019/03/21 The Society of Chinese Bioscientists in America et al: Racial Profiling Harms Science
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2021/01/05 Letter to President-Elect Joe Biden
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Anti-Racial Profiling Project Launched 反对种族定性项目正式启动
On October 6, 2020, Advancing Justice | Asian American Justice Center (AAJC) launched the Anti-Racial Profiling Project (ARPP). Watch the press briefing here.
On October 7, 2020, Advancing Justice | AAJC launched the first webinar for ARPP for the public and followed with a detailed message about the project on October 9.
How You Can Get Help
How You Can Help
Stories from Impacted People
Links and References
Advancing Justice | AAJC: Anti-Racial Profiling Project
2020/10/09 Nature: US civil-rights group offers support to researchers facing China scrutiny
Advancing Justice | AAJC: Follow-up Message on Anti-Racial Profiling Project
2020/10/07 Advancing Justice | AAJC: Launch of Anti-Racial Profiling Project Webinar (video 1:00:49)
Advancing Justice | AAJC: Anti-Racial Profiling Project Webinar Presentation Package
APA Justice: Transcript of Anti-Racial Profiling Project Webinar by Dr. Jeremy Wu
AsAmNews: AAJC launches Anti-Racial Profiling Project
2020/10/06 Advancing Justice | AAJC: Press Briefing to Launch Anti-Racial Profiling Project (video 52:28)
On October 7, 2020, Advancing Justice | AAJC launched the first webinar for ARPP for the public and followed with a detailed message about the project on October 9.
How You Can Get Help
- Legal Referral. Contact AAJC via the Signal app with the number 202-935-6014 or text ONLY a name and phone number to 202-935-6014 and wait for an AAJC staff member to make direct contact.
- Know Your Rights. Covering 3 areas: (a) When approached by law enforcement (including the FBI, Special Agents from an agency’s Office of Inspector General or security office, or other Federal, state or local police); (b) When law enforcement comes to your house; (c) SPECIFIC PRECAUTIONS FOR SCIENTISTS, SCHOLARS AND RESEARCHERS
How You Can Help
- Make a Tax-Deductible Donation to Advancing Justice | AAJC. AAJC is a 501(c)3 non-profit organization.
- Sign up for the APA Justice newsletter to keep informed on the latest developments
- Spread the word about the Anti-Racial Profiling Project
Stories from Impacted People
- Dr. Wei Su: Concern for the younger generation: The targeting and profiling of Chinese and Asian Americans and Immigrants
- Dr. Xiaoxing Xi: Spying charges against Chinese American scientists spakr fears of a witch hunt
- Ms. Sherry Chen: Ohio scientist accused of spying sues government after charges dropped
- Dr. Wen Ho Lee: The Making of a Suspect: The Case of Web Ho Lee
Links and References
Advancing Justice | AAJC: Anti-Racial Profiling Project
2020/10/09 Nature: US civil-rights group offers support to researchers facing China scrutiny
Advancing Justice | AAJC: Follow-up Message on Anti-Racial Profiling Project
2020/10/07 Advancing Justice | AAJC: Launch of Anti-Racial Profiling Project Webinar (video 1:00:49)
Advancing Justice | AAJC: Anti-Racial Profiling Project Webinar Presentation Package
APA Justice: Transcript of Anti-Racial Profiling Project Webinar by Dr. Jeremy Wu
AsAmNews: AAJC launches Anti-Racial Profiling Project
2020/10/06 Advancing Justice | AAJC: Press Briefing to Launch Anti-Racial Profiling Project (video 52:28)
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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
资源
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Congressional Probe into NIH and FBI
"Rep. Jamie Raskin (D-Md.), who chairs the House Oversight and Reform Subcommittee on Civil Rights and Civil Liberties, and Congressional Asian Pacific American Caucus Chairwoman Rep. Judy Chu (D-Calif.) sent letters demanding documents about the two agencies' investigations into whether Chinese Americans were working as spies on behalf of China," The Hill reported on February 20, 2020.
"While the two lawmakers acknowledged that there have been some confirmed cases of espionage, they questioned whether the focus on Chinese Americans amounted to racial profiling."
In their letter to Federal Bureau of Investigations (FBI) Director Christopher Wray, Reps. Raskin and Chu pointed to sample cases of Sherry Chen, Professor Xiaoxing Xi and Dr. Wei Su and requested specific information of the FBI investigations and prosecutions involving theft or attempted threat of intellectual property, monitoring of Chinese students and scholars, communications with NIH, college and university security efforts, and counterintelligence training materials, covering the period of January 1, 2014 to the present. The House Subcommittee on Civil Rights and Civil Liberties requested the FBI delivery of documents by March 5, 2020.
In their letter to National Institute of Health (NIH) Director Francis Collins, Reps. Raskin and Chu requested specific information about mass mailings by NIH to 18,000 administrators, cases under NIH investigations and Office of Inspector General referrals, disclosure guidelines, and all communications with the FBI, covering the period of June 1, 2016 to the present. The House Subcommittee on Civil Rights and Civil Liberties requested the NIH delivery of documents by March 5, 2020.
"While the two lawmakers acknowledged that there have been some confirmed cases of espionage, they questioned whether the focus on Chinese Americans amounted to racial profiling."
In their letter to Federal Bureau of Investigations (FBI) Director Christopher Wray, Reps. Raskin and Chu pointed to sample cases of Sherry Chen, Professor Xiaoxing Xi and Dr. Wei Su and requested specific information of the FBI investigations and prosecutions involving theft or attempted threat of intellectual property, monitoring of Chinese students and scholars, communications with NIH, college and university security efforts, and counterintelligence training materials, covering the period of January 1, 2014 to the present. The House Subcommittee on Civil Rights and Civil Liberties requested the FBI delivery of documents by March 5, 2020.
In their letter to National Institute of Health (NIH) Director Francis Collins, Reps. Raskin and Chu requested specific information about mass mailings by NIH to 18,000 administrators, cases under NIH investigations and Office of Inspector General referrals, disclosure guidelines, and all communications with the FBI, covering the period of June 1, 2016 to the present. The House Subcommittee on Civil Rights and Civil Liberties requested the NIH delivery of documents by March 5, 2020.
Links and References
2020/02/25 NBC News: Democratic lawmakers launch investigation into FBI handling of Chinese espionage
JDSupra: House Members Send Letters to FBI, NIH Directors on Possible Racial Profiling of Chinese Scientists
Homeland Preparedness News: Lawmakers seek information on targeting Chinese-American scientists as potential spies
2020/02/21 Law360: Congress Probes Civil Rights Issues In China Investigations
2020/02/20 Bloomberg: House Panel Investigates Racial Profiling of Chinese Scientists
2020/02/20 Washington Examiner: 'New Red Scare': House Democrats scrutinize FBI investigations into ethnically Chinese scientists
2020/02/20 The Hill: House Democrats launch probe into NIH and FBI suspecting Chinese Americans of espionage
2020/02/20 Congressional letter to NIH Director Francis Collins
2020/02/20 Congressional letter to FBI Director Christopher Wray
JDSupra: House Members Send Letters to FBI, NIH Directors on Possible Racial Profiling of Chinese Scientists
Homeland Preparedness News: Lawmakers seek information on targeting Chinese-American scientists as potential spies
2020/02/21 Law360: Congress Probes Civil Rights Issues In China Investigations
2020/02/20 Bloomberg: House Panel Investigates Racial Profiling of Chinese Scientists
2020/02/20 Washington Examiner: 'New Red Scare': House Democrats scrutinize FBI investigations into ethnically Chinese scientists
2020/02/20 The Hill: House Democrats launch probe into NIH and FBI suspecting Chinese Americans of espionage
2020/02/20 Congressional letter to NIH Director Francis Collins
2020/02/20 Congressional letter to FBI Director Christopher Wray
Links and References
2021/06/23 NBC News: How hate incidents led to a reckoning of casual racism against Asian Americans
2021/05/07 C&ENews: Asian scientists are rethinking the American dream
C&ENews: Fear and confusion continue over research interactions with China
2021/03/04 Voice of America: Scientists Push Back on DOJ Charges Against Harvard Professor
2021/02/04 美国华人杂谈: 被起诉的教授们、中国计划和种族定性，美国华人该怎么办？
2021/02/01 正义补丁: 被起诉的教授们、中国计划和种族定性，美国华人该怎么办？
2021/01/22 Wall Street Journal: Justice Department Weighs Amnesty for Academics to Disclose Foreign Funding
2021/05/07 C&ENews: Asian scientists are rethinking the American dream
C&ENews: Fear and confusion continue over research interactions with China
2021/03/04 Voice of America: Scientists Push Back on DOJ Charges Against Harvard Professor
2021/02/04 美国华人杂谈: 被起诉的教授们、中国计划和种族定性，美国华人该怎么办？
2021/02/01 正义补丁: 被起诉的教授们、中国计划和种族定性，美国华人该怎么办？
2021/01/22 Wall Street Journal: Justice Department Weighs Amnesty for Academics to Disclose Foreign Funding