Race matters, Jackson, Sotomayor give eloquent, angry defense of affirmative action

Justices Sonia Sotomayor and Ketanji Brown Jackson dissented from the conservative majority.

OPINION

Even though the US Supreme Court's ruling overturning affirmative action was expected, it didn't lessen the anger that still rose up Thursday morning. I'm furious.

The Supreme Court released their decision Thursday saying that Harvard's admission policy discriminated against Asian students applying to the school and ruled that the University of North Carolina's use of race to achieve a diverse student body was against the Constitution.

The vote was 6-3 in the complaint against UNC with the conservative justices in the majority. In Harvard's case, the vote was 6-2 with Associate Justice Ketanji Brown Jackson recusing herself because she was until, recently, a member of Harvard’s board of overseers.

The complaints against both schools was filed by Students for Fair Admissions, a questionable group headed by anti-affirmative action activist Ed Blum, who has been trying to end the policy for decades. In the case against Harvard, SFFA claimed that the school's affirmative action policy discriminated against Asian American applicants, who never showed up in court to testify.

The gist of the SCOTUS rulings was that schools could not use race as a factor in evaluating students applying for admission.

Personally, race helps define who I am. People who say they are color-blind -- and that includes the six conservative justices -- don't see me. The SCOTUS majority is saying my life experiences as a Filipino American does not matter.

To be clear, in the cases of Harvard and UNC, race is simply one of many factors used in evaluating student applicants, much like family income, a GPA, test scores and extra-curricular activities are factors. To say race doesn't matter, the Court erases a major part of my life story that forms my world view, my personality, my values. To say race doesn't matter, the Court majority says I don't matter.

FYI: Read the US Supreme Court ruling.

Justices Sonia Sotomayor and Ketanji Brown Jackson, the two women of color on the Court and both beneficiaries of "affirmative action" programs, in their scathing dissenting views, say it better than I can.

Sotomayor warned the decision will have a "devastating impact" on the United States. The SCOTUS majority's "vision of race neutrality will entrench racial segregation in higher education because racial inequality will persist so long as it is ignored."

In the Harvard case, Sotomayor wrote “that race can no longer be used in a limited way in college admissions,” the Court basically “cements a superficial rule of colorblindness as a constitutional principle in an endemically segregated society where race has always mattered and continues to matter.”

Sotomayor, a Puerto Rican who grew up in low-income housing projects and benefited from affirmative action policy herself, wrote in defense of the UNC admission policy of using race as one of several factors in evaluating student applicants to the public university. 

"The majority’s vision of race neutrality will entrench racial segregation in higher education because racial inequality will persist so long as it is ignored," she wrote. "Despite the Court’s unjustified exercise of power, the opinion today will serve only to highlight the Court’s own impotence in the face of an America whose cries for equality resound."

Jackson's no less fiery dissent of the UNC ruling, was a masterclass in the history of racism and affirmative action. Her dissenting opinion will likely be used in educating future lawyers.

"Our country has never been colorblind. Given the lengthy history of state-sponsored race-based preferences in America, to say that anyone is now victimized if a college considers whether that legacy of discrimination has unequally advantaged its applicants fails to acknowledge the well documented “intergenerational transmission of inequality” that still plagues our citizenry," writes Brown Jackson, the first Black woman on the Supreme Court.

Jackson continues: “With let-them-eat-cake obliviousness, on Thursday, the majority pulls the ripcord and announces ‘colorblindness for all’ by legal fiat.” ... “But deeming race irrelevant in law does not make it so in life.”

“If the colleges of this country are required to ignore a thing that matters, it will not just go away. It will take longer for racism to leave us. And, ultimately, ignoring race just makes it matter more.”

EDITOR'S NOTE: This is a developing story. check back later for updates and additional commentary, news and views from an AANHPI perspective. Follow @DioknoEd on Twitter or at his blog Views From the Edge.

California report: Good news, bad news in the fight against hate crimes.

Anti-Asian hate crimes in California dropped from 247 in 2021 to 140 in 2022, according to a report released by the Attorney General on June 27. However, the numbers are still “very high” when compared to the years before COVID-19.

Overall, reported hate crime events in California increased 20.2% from 1,763 in 2021 to 2,120 in 2022.

 As a point of comparison, there were 19 anti-Asian hate crimes in 2014 and 2015, and 35 or less in all but one year between 2013 and 2018, as per the Los Angeles Times. No hate crimes had been reported against Native Hawaiians or Pacific Islanders in 2022.

“This report is a stark reminder that there is still much work to be done to combat hate in our state," said California Attorney General, Rob Bonta, at a June 27 press conference.

Although anti-Asian hate crime events saw a decrease, but Bonta said there were still 140 reports for the year, marking an “all-time high post-pandemic for anti-Asian hate crimes.”

Asian American community advocates believe the drop in anti-Asian hate crimes is due to Asian American victims' reluctance report hate crime events.

"We know that hate crimes in general are significantly underreported, and Asian and other immigrants are particularly reluctant to seek law enforcement or public attention when they have been victimized," Paul Estuar, litigation director with Asian Americans Advancing Justice Southern California, told the LA Times.

“In the past several years, we've witnessed national rhetoric get more heated, more polarizing, more divisive, more extreme. And while we like to think that California would be and should be the exception, hate — unfortunately, it has no borders,” Bonta said. "Even California is not immune."

When Bonta became California's Attorney General in 2021, he made fighting hate crimes one of his top priorities. He said as a Filipino American, the fight is personal.

"As an Asian American, as during this time of hate against our community, my community ... I feel the duty, obligation, responsibility, to step up and step in to take a leadership role."

This report covers the year 2021 and 2022.

Black people remain the most prevalent and increased 27.1% from 513 in 2021 to 652 in 2022, while reported anti-Asian hate crime events decreased by 43.3% from 247 in 2021 to 140 in 2022, and reported hate crime events involving a sexual orientation bias increased, rising 29% from 303 in 2021 to 391 in 2022. 

Hate crimes are distinct from hate incidents, which are actions or behaviors motivated by hate that may be protected by the First Amendment right to freedom of expression. 

Examples of hate incidents include name-calling, insults, and distributing hate material in public places. If a hate incident starts to threaten a person or property, it may become a hate crime. 

Bonta wants all the of state's law enforcement agencies report hate crimes and emphasized this in the AG report.

Last Tuesday, Bonta also issued an updated Law Enforcement Bulletin to all district attorneys, chiefs of police, sheriffs, and state law enforcement agencies with an updated summary of the multiple California criminal laws that prohibit hate crimes or provide enhanced penalties for specified hate-related acts, as well as guidance related to the investigation and prosecution of hate crimes. The Attorney General continues to convene law enforcement, elected leaders, and community organizations at the local level across the state to help increase awareness around available resources and strengthen responses to hate crime in California.

Some of the other key findings from the 2022 Hate Crime in California Report include:

•  Overall, reported hate crime events increased 20.2% from 1,763 in 2021 to 2,120 in 2022. A hate crime event is a single occurrence but may involve more than one hate crime offense. For example, a person may be threatened and assaulted at the same time; this would involve multiple hate crime offenses within the same hate crime event.
• 2,589 hate crime offenses were reported in California, increasing by 16.6% from 2021.
• Hate crime events motivated by a sexual orientation bias increased 29% from 303 in 2021 to 391 in 2022.
• Anti-Black or African American bias events increased 27.1% from 513 in 2021 to 652 in 2022.
• Anti-Hispanic bias crimes rose from 197 in 2021 to 210 in 2022.
• Anti-Jewish bias events increased 24.3% from 152 in 2021 to 189 in 2022.
• Anti-Protestant bias events rose from 2 in 2021 to 12 in 2022.
• Anti-Islamic (Muslim) bias crimes rose from 18 in 2021 to 25 in 2022.
• Anti-transgender bias events increased from 38 in 2021 to 59 in 2022.
• Anti-gay (male) bias events increased 28.4% from 211 in 2021 to 271 in 2022
• Anti-lesbian bias crimes rose from 27 in 2021 to 33 in 2022.
• From 2021 to 2022, the number of hate crimes referred for prosecution increased 5.9% from 610 in 2021 to 647 in 2022. Of the 647 hate crimes that were referred for prosecution, 456 cases were filed by district attorneys and elected city attorneys. Of the 122 cases with a disposition available for this report, 43.4% were hate crime convictions and 45.9% were other convictions

"An attack against one of us is an attack against all of us," said Bonta in an earlier interview. "The alarming increases in crimes committed against Black, LGBTQ+ and Jewish people for the second year in a row illustrates the need for our communities to join together unified against hate. It takes all of us working together to combat extremism and foster a safe and inclusive environment for all Californians. Now, more than ever, it is critical that we stand united — there is no place for hate in California.”

* * *

Members of the public are encouraged to explore the most recent hate crime data on OpenJustice. 

If you believe you or someone you know has been the victim of a hate crime, notify local law enforcement and consider taking the following steps: 

• If you are in immediate danger, call 911 and if needed, seek medical attention.
• Write down the exact words that were used and take note of any other relevant facts.
• If safe to do so, save all evidence and take photos.
• Get the contact information for other victims and witnesses.
• Reach out to community organizations in your area that deal with hate crimes or incidents.

The full 2022 Hate Crime in California report is available for review here.

EDITOR'S NOTE: For additional commentary, news and views from an AANHPI perspective, follow @DioknoEd on Twitter or at his blog Views From the Edge.

US Census: Asian American population growth tops the nation last year; more Native Hawaiians on the Mainland than in Hawaii.

Asian American population growth is outpacing the rest of the country.

The Asian population of the United States continues to grow at a faster rate than other ethnic groups, based on data released by the US Census Bureau June 22.

Immigration drove Asian growth last year, accounting for two-thirds of the 577,000-person increase in people who identify as Asian, including those who identify with more than one race. That 2.4% bump was the largest of any race or ethnic group, and there were 24.6 million Asians in the U.S. last year.

King County, Washington — home to Seattle — added almost 21,500 Asian residents, the most of any US county last year.

However, Asian Americans and immigrants from Asia continue to flock to California, which already is home to the largest number of Asians.

RELATED: US Census releases updated stats on AANHPI population

“Immigrant and refugee communities bring talent, culture and a set of skills that are needed in our community,” said Arrey Obenson, president and CEO of the International Institute of St. Louis, which helps newcomers adapt to life in the U.S.

There were more than 1.7 million Native Hawaiians and other Pacific Islanders in the US last year, an increase of 1.2% over the previous year. Clark County, Nevada, home to Las Vegas, had the biggest increase, with almost 1,500 new residents.

There were more Native Hawaiians living on the Mainland than in the island state. In 2021, there were about 309,800 Native Hawaiians in Hawaii and about 370,000 in other states. The new 2022 data will add on to those totals.

The exodus from Hawaii is due to the high cost of living there. Most Native Hawaiians can't afford to live in their own state. A $300,000 house in Las Vegas, a popular destination for Native Hawaiians, would cost $1.2 million in Hawaii.

Population estimates released by the US Census show what drove changes in different race, ethnic and age groups last year, as well as since the start of COVID-19’s spread in the US. in April 2020. The country had grown to 333.2 million people by the middle of last year, a 0.4% increase over the previous year, according to the 2022 population estimates.

Highlights of the Asian American Census:

• The Asian population in the United States was 24,683,008 in 2022, up 577,420 or 2.4% from 2021.

• In 2022, California had the largest Asian population (7,242,739), followed by New York (2,085,285) and Texas (1,958,128). California also had the largest-gaining Asian population with an increase of 108,881, while Montana — with an increase of 6.8% (1,276) — had the fastest-growing Asian population.

• California was home to four of the top five counties with the largest Asian populations in 2022. Los Angeles County topped the list with an Asian population of 1,711,002, followed by Santa Clara County (830,790) and Orange County (816,274). Alameda County, California, had the fifth largest Asian population at just over 616,000, and Queens County, New York, ranked fourth with an Asian population of 671,358.

• King County, Washington, had the largest-gaining Asian population, adding 21,498 people.

• Williamson County, Texas, had the fastest growth among counties with an Asian population above 10,000, expanding by 15.9% or 10,742 people.

Highlights of the Native Hawaiian and Other Pacific Islander populations:

• The Native Hawaiian and Other Pacific Islander population rose to 1,759,756, an increase of 1.8% or 31,949 people in 2022.

• Hawaii had the largest Native Hawaiian and Other Pacific Islander population (393,837), followed by California (373,173) and Washington (109,115).

• South Dakota had the fastest-growing Native Hawaiian and Other Pacific Islander population, which increased by 11.4% from 2021 to 2022, while Texas had the largest- gaining, up by 3,871.

• Honolulu County, Hawaii, had the largest Native Hawaiian and Other Pacific Islander population (254,769), followed by Hawaii County, Hawaii (72,467), and Los Angeles County, California (67,010).

• Clark County, Nevada, had the largest numeric population growth (1,499) among this population group between 2021 and 2022.

• Among counties with Native Hawaiian and Other Pacific Islander populations above 10,000, Utah County, Utah, with an increase of 5.6% or 723 people, was the fastest growing in 2022.

The 2.4% growth rate of the Asian American population was greater than other groups. Two-thirds of that growth was due to immigration.

The Hispanic population gained over a million residents, reaching 63,664,346 in 2022, an increase of 1.7%

Comprising 15% of the nation’s total population in 2022, the national Black population totaled 50,087,750, up 0.9% from July 2021.
.

The White population in the United States was 260,570,291 in 2022, representing an increase of 0.1% or 388,779 people from 2021.

Ironically, to the chagrin of White Supremacists and replacement-theory believers, the White increase is wholly due to immigration. Take away the immigrants, the White-alone population showed a decrease by more than 85,000 people instead of growing meagerly by more than 388,000 residents, or 0.1%.

EDITOR'S NOTE: For additional commentary, news and views from an AANHPI perspective, follow @DioknoEd on Twitter or at his blog Views From the Edge.

Miss San Francisco could make history in Miss California pageant

SCREEN CAPTURE / MONROE LACE

Monroe Lace was crowned Miss San Francisco on June 9.

Monroe Lace, the current Miss San Francisco, could make history this week in the Miss California competition. If crowned, the Asian American could become the first openly transgender titleholder in the pageant.

Lace, 25, was named Miss San Francisco earlier this month. She is the first transgender local winner the organization's 99-year history.

“I feel like my job as Miss San Francisco is to show people that I'm just like everyone else,” Lace told the San Francisco Standard.

The winner of Miss California will go on to represent the state in the Miss America contest.

Lace said she had to overcome her fears about entering the Miss San Francisco competition as a trans woman.

"I told myself if it wasn't going to be me, then who? And if not now, then when?" she told the Bay Area Reporter. "So I just went in being my whole authentic self and I won."

Lace grew up in the San Francisco Bay Area of Chinese and Filipino parents. She left home in 2019 because of their unwillingness to accept her gender.

"I would rather be homeless and loved than be in a home that didn't love me. So I packed my belongings in a single suitcase and left in the middle of night," she told the Bay Area Reporter.

The organizers of this year's pageant, which will be held in Visalia, an agricultural city in the state's conservative Central Valley. The winner will be crowned July 1, but in the meantime, Californians will be able to vote for the contestant for the Peoples Choice award.

In 2021, Lace was assaulted at gunpoint in San Francisco. "I think after my sexual assault I knew that service was important and something I wanted to do for the rest of my life. I felt becoming Miss San Francisco was an opportunity for me to give back to the city that has welcomed me with open arms."

Indeed, she has made public safety a key part of her platform. “My platform is public safety. It’s not ‘police,’” Lace told the Standard. “It’s about awareness, talking about my own assault; it’s about education and legislation.”

"My platform is all about supporting survivors and rape victims through education, legislation, and awareness," she told the Standard. "I hope to use my year of service to share my personal story, teach children about good character and about being their most authentic selves and advocate for legislation that keeps the city and state safe."

If Lace wins the $20,000 scholarship offered by the contest, she said she would like to attend law school.

“I'm here to show America that I am just like everyone else and that, in fact, I am a role model in the community,” Lace said. “I hope, through my actions as a San Francisco, I can help change the narrative and the story of what people see trans people as.”

EDITOR'S NOTE: For additional commentary, news and views from an AANHPI perspective, follow @DioknoEd on Twitter or at his blog Views From the Edge.

One-in-Six Asian American voters in 2022 reported feeling threatened when casting their ballots

Asian American, Native Hawaiian and Pacific Islander voters are finally getting the attention they've wanted but they're not always getting the attention need.

Instead of receiving more information from the major political parties, AANHPI voters have been deluged with a garbage can full of disinformation.

Instead of getting praise for their increased political involvement, AANHPI voters are receiving threats and facing roadblocks to casting their ballots.

The 2022 National Poll of Asian American Non-Voters and Voters released May 30 found that one-in-six Asian American voters described feeling threatened when they went to the polls in 2022, though most Asian American voters generally found the voting process easy. When asked, non-voters reported that better candidates and more information on candidates might entice them to vote in future elections.

RELATED: Most AANHPI voters are Democrats, except Vietnamese

“Asian Americans are the fastest growing electorate in the United States with more than 8.4 million who are registered to vote,” said Terry Ao Minnis, Senior Director of Census and Voting Programs at Advancing Justice – AAJC. 

“This survey represents a unique study of Asian Americans’ experiences with voting and insight into why approximately 5.2 million Asian Americans have yet to register to vote.”

The 2022 National Poll of Asian American Non-Voters and Voters was conducted by BSP Research in the weeks following the 2022 midterm elections. The survey interviewed 2,100 Asian American voters and 700 non-voters about their views and experiences during the election.

“More than one-in-two voters reported encountering what they thought to be election-related misinformation at least 'somewhat often',” said Taeku Lee, lead researcher. 

“This suggests that more research is needed to understand the relationship between misinformation and voters' experiences. Moreover, additional research should examine whether this relationship holds true across subgroups and for specific demographics (like Limited English Proficient Asian Americans).”

Key findings from Asian American non-voters:

• Non-voters were also confident that every ballot was counted in their state, but less so than voters. They were also less confident and trusting in election news coverage. Additional research could help to determine the extent of non-voters’ confidence and the motivations behind their concerns. 

• Like voters, non-voters relied on a variety of mainstream and social media sources for their news. They also generally trust their news sources, although less so than voters. Like voters, a majority reported encountering what they thought was misinformation in the 2022 elections. Those who were registered to vote but did not turnout were much likelier to 2 encounter what they believed to be made-up stories than non-voters who were not registered to vote.

• Non-voters were less likely to be contacted about the election, especially from campaigns and parties. 

• Non-voters stated that keys to their turnout next time were better information on the candidates and better candidates.

Key findings of Asian American voters:

• Asian Americans who voted in 2022 overwhelmingly felt confident that votes were properly counted, believed that the elections were well run, and reported that voting was easy. However, more research is needed to know which groups found voting easy and whether this was true across the board. For example, did certain subgroups—such as LEP Asian Americans—find voting more difficult? Or did they find it easy once they were able to understand the process? 

• Voters relied on a variety of sources for election news; more than two-thirds cited mainstream media and one-in-two cited social media sources. About 80% of voters trusted the news sources they relied on at least “a fair amount.” 

• More than one-in-two voters reported encountering what they thought to be election related misinformation at least “somewhat often.” Perceived misinformation concerning the voting process itself occurred in one-in-five cases. 

• Voters reported encountering stories that warned about threats of violence or rioting on Election Day in one-in-five cases. 

• Two-in-three Asian Americans chose to vote absentee or early. 

• The most common reasons cited for voting absentee or early were long lines and limited hours on Election Day, COVID concerns, scheduling conflicts, and the convenience of absentee or early voting. 

• One-in-six Asian American voters in 2022 reported feeling threatened while voting. 

• Voting assistance was widely used but not always available. One-in-two voters said in language assistance was available and two-in-five used that assistance. 

• Two-in-five voters were contacted by parties and campaigns and one-in-four were contacted by non-partisan community-based organizations. 

FYI: Read the full survey report here.

EDITOR'S NOTE: For additional commentary, news and views from an AANHPI perspective, follow @DioknoEd on Twitter or at his blog Views From the Edge.

Jose Antonio Vargas makes history as first undocumented Trustee of the California State University system

DEFINE AMERICAN

Jose Antonio Vargas has become an advocate for undocumented Americans.

In an historic appointment, Jose Antonio Vargas has been named the first undocumented person and first Filipino American to serve as a regularly appointed member of the Board of Trustees for the California State University system. 

The California State Senate approved Vargas’ nomination for a seat on the 25-member board on June 19 following an appointment by Governor Gavin Newsom in July 2022. As a trustee, Jose will be part of the key decision making body to adopt policies and regulations that govern the nation’s largest public four-year university system in areas such as educational policy, finance, and campus planning.

“As a proud graduate of San Francisco State — Class of 2004, before there was DACA, when the Dream Act was three years old, and when there was little vocabulary and support for undocumented students and our families — I am honored, humbled, and excited to serve this community,” said Jose Antonio Vargas, founder and president of Define American.

Vargas' unpaid 8-year term expires in 2030.

Vargas came to the United States from the Philippines when he was 12-years old leaving his mother in the Philippines to live with relatives in the San Francisco Bay Area. As his life unfolded, he navigated school, then college and work as an undocumented person, eventually earning a degree in political science from San Francisco State University.

After graduating, he worked as a journalist at numerous well-known publications, including The San Francisco Chronicle and The Washington Post and Huffington Post. As a member of a team of Washington Post journalists covering the Virginia Tech shooting rampage, in 2009, he earned a Pulitzer Prize.

In 2011, Vargas revealed his undocumented status in an essay published in The New York Times.

“I am thrilled at Jose’s historic appointment and enthusiastically welcome the extraordinary professional and personal qualities he brings to the CSU Board of Trustees,” said Chair Wenda Fong, a second-generation Chinese American and the first Asian American to lead the CSU Board of Trustees.

“His rich lived experience and demonstrated compassion for immigrants, undocumented students and other historically underserved student populations will undoubtedly benefit the talented and dynamically diverse students the CSU is so privileged to serve.”

The historic appointment comes just days before the 12th anniversary of Define American on June 22, the nonprofit Vargas founded in 2011 with three friends with the goals to humanize media portrayals of immigrants. Twice-named one of the world’s most innovative companies by Fast Company, Define American has established itself as one of the most trusted and impactful organizations in the culture change space.

“We’re extremely proud of Jose for shattering the glass ceiling and paving the way for countless others through this historic appointment to the CSU Board of Trustees,” said Define American Executive Director Rebecca Neuwirth. “Jose is continuing to blaze the trail for immigrants of all backgrounds to pursue their ambitions fiercely and to achieve what feels impossible, as Jose has shown time and time again.”

California State Senator María Elena Durazo — who in her first year as a senator spearheaded legislation expanding eligibility for state appointments to boards and commissions to non-citizens — spoke in support of Vargas' appointment to the CSU Board.

“It’s been an incredible privilege for me to serve for, and work on behalf of, immigrants. In a representative democracy where voters elect leaders to speak and vote on their behalf, non-citizens who are not yet able to vote must rely on the political will of a few to speak for their interest and needs. Appointments to state and local boards and commissions allow for immigrants like Jose Antonio Vargas to speak for themselves,” said Senator Durazo.

“A Pulitzer Prize winner, Jose’s perspectives and expertise, through his journalism, will now help us in California draft better policy that improves education opportunities for all. I’m so proud to stand in support of his nomination.”

With polarization heating up and extremists continuing to scapegoat immigrant communities through mis- and disinformation, Define American has ambitious plans to expand its critical work of changing the narrative. The organization, which celebrates its 12th anniversary today, has reached more than 30 million people with the vibrant stories of immigrants who have long enriched the United States.

In addition to his historic appointment on the CSU Board of Trustees, Jose also became the first known undocumented lead producer on Broadway earlier this week after the groundbreaking musical Here Lies Love started previews. He will celebrate 30 years in the United States this August.

Vargas is a Pulitzer Prize-winning journalist, Emmy-nominated filmmaker and Tony-nominated producer. A leading voice for the human rights of immigrants, he founded Define American, a nonprofit cult​ure-change organization with the goal of humanizing conversations about immigrants.

In 2020, Fortune named Vargas one of its “40 under 40" most influential people in government and politics. His best-selling memoir, “Dear America: Notes of an Undocumented Citizen," was published in 2018. His second book, “White Is Not a Country," will be published in 2023.

In 2011, The New York Times Magazine published a groundbreaking essay written by Vargas that chronicled his life in America as an undocumented immigrant. 

"I'm done running. I'm exhausted," Vargas wrote in his essay. "I don't want that life anymore."

A year later, as one of the nation's best known undocumented Americans, he appeared on the cover of Time worldwide with fellow undocumented immigrants as part of a follow-up cover story he wrote.

Vargas produced and directed “Documented," an autobiographical documentary feature film that aired on CNN, which received a 2015 NAACP Image Award nomination for Outstanding Documentary. That same year, MTV aired “White People," an Emmy-nominated television special he produced and directed on what it means to be young and white in a demographically changing America.

In 2019, he co-produced Heidi Schreck's acclaimed Broadway play, “What the Constitution Means to Me," which was nominated for a Tony Award for Best Play.

Passionate about the role of arts in society and promoting equity in education, Vargas serves on the advisory board of TheDream.US, a scholarship fund for undocumented immigrant students.

A product of the San Francisco Bay Area, he is a graduate of San Francisco State University ('04), where he was named Alumnus of the Year in 2012.

In 2019, an elementary school was named after Vargas  in Mountain View, CA, where he spent his teenage years. It was the first US school named after an undocumented immigrant.

The older he gets the more Vargas says he values the education he received in California public schools. “Joining the CSU board is my way of giving back. And we must give back in whatever way we can,” he says.

“The CSU does vital work of educating and preparing a truly diverse student body, which includes immigrants and undocumented students of all backgrounds, to contribute critical skills to our workforce and country," says Vargas. "My hope is to represent the diversity of the entire student body and to showcase that a student’s immigration status is only one part of their humanity.”

EDITOR'S NOTE: For additional commentary, news and views from an AANHPI perspective, follow @DioknoEd on Twitter or at his blog Views From the Edge.

AANHPI legal advocates reaffirm their support for affirmative action

The majority of Asian Americans support affirmative action.

Anxiety continues to build as civil rights and education advocates await the US Supreme Court ruling on affirmative action.

Days before an expected ruling, Asian Americans Advancing Justice (Advancing Justice) today (June 22) filed two amicus briefs before the Supreme Court in Students for Fair Admissions v. Harvard, affirming their  longstanding support for race-conscious admissions in higher education.

Students for Fair Admissions, headed by conservative activist Edward Blum, has  unsuccessfully tried for years to end affirmative action by claiming it discriminates against White students.. The latest complaint against Harvard and the University of North Carolina is different from other attempts because it asserts the two schools' affirmative action admission policies discriminates against Asian American applicants.

Previous affirmative action cases brought before more moderate Supreme Courts have ruled in favor of the policy born in the 1960s to open the doors for students of color who for generations been denied the same opportunities and privileges as White students. However, most legal analysts believe that this particular Supreme Court might rule against affirmative action because of thet a 6-3 conservative majority that doesn't respect legal precedent. 

“For centuries, communities of color, including Asian Americans, have struggled against racial discrimination and faced systemic barriers to education, employment, and immigration, among other challenges,” said John C. Yang, President and Executive Director of Advancing Justice – AAJC. “Race, ethnicity, and our lived experiences are integral parts of our personal story and collective history. Holistic admissions ensures all students have the opportunity to share their whole story in addition to their academic achievements.”

The five organizations comprising the Advancing Justice affiliation, the Lawyers’ Committee for Civil Rights Under Law, Lawyers For Civil Rights, and pro bono counsel Arnold & Porter filed an amicus brief on behalf of a multiracial group of alumni students of color at Harvard who support holistic admissions policies that take into account the entirety of a student’s assets and experiences.

In their brief, the student and alumni amici, or "friends of the court," briefs attested to how a diverse campus benefits all students, including addressing racial isolation and increasing cross-racial understanding and cultural competency that better prepared them for their professional careers. Asian American amici also affirmed benefiting from race-conscious admissions policies at Harvard, which provided them the opportunity to share their whole story, including their race and ethnicity, background, and diverse experiences.

The Advancing Justice affiliation with pro bono counsel, Ballard Spahr, submitted a separate amicus brief joined by 37 Asian American and Native Hawaiian/Pacific Islander (AANHPI) civil rights groups, advocacy organizations, professionals, and student organizations in support of race-conscious admissions programs that improve equal access to educational opportunities for all.

The amicus brief affirms that Harvard and UNC’s race-conscious admissions programs do not discriminate against AAPI students, but rather expand their access to higher education. The brief also highlights the educational benefits of racial diversity for AAPI communities and asserts that eliminating the consideration of race in admissions programs will harm AAPI and other students of color.

Justice Roberto A. Rivera-Soto, former Justice of the Supreme Court of New Jersey, former partner/now senior counsel at Ballard Spahr LLP, adds, “We are proud to work with Advancing Justice to support holistic admissions policies that have allowed countless numbers of students to attain great heights and contribute to bettering society for us all. We must continue to cultivate the potential of all students -- including all who have struggled and continue to struggle against discrimination -- to bring us closer to the promise of an equitable society we all deserve.”

Most nonpartisan polls have found that the great majority of AANHPI support affirmative action's goals of equal opportunity.

“Our communities know better than to give into extremist strategist Edward Blum’s years-long mission to deny Black, Latinx, Asian American, and other communities of color equal voting rights and educational opportunities,” said Aarti Kohli, Executive Director of Advancing Justice - Asian Law Caucus. “As a parent, my children have had more chances to grow and thrive because of affirmative action, diversity, and anti-discrimination programs in our education systems. As a civil rights lawyer, there’s no question these attacks on the constitutionality of race conscious programs are a thinly veiled strategy to limit educational opportunities for all students of color.”

The Supreme Court is expected to issue its decision before the end of June.

“For too long, the model minority myth has propagated a false premise that AAPIs don’t benefit from race conscious admissions practices,” said Connie Chung Jose, CEO, Asian Americans Advancing Justice Southern California (AJSOCAL). 

“The reality is that our communities also face discrimination and barriers to opportunities that race conscious admissions can address," Jose continued. "And for AAPI students and other students of color, having a racially diverse student body is not only important to their educational experience, but often necessary to fully articulate the hurdles, achievements, and personal development experiences intrinsic to college admissions evaluations.”

EDITOR'S NOTE: For additional commentary, news and views from an AANHPI perspective, follow @DioknoEd on Twitter or at his blog Views From the Edge.

More PRC agents convicted for stalking, harassing Chinese in US

Convicted as agents for the People's Republic of China, (from left) Zhu Yong, 66,
Michael McMahon, 55, and Zheng Congying, 27, 

A federal jury in Brooklyn, New York, convicted three men on multiple counts of acting and conspiring to act in the United States as illegal agents of the People’s Republic of China (PRC), without prior notification to the Attorney General.

“The conviction of these three defendants – including a retired NYPD sergeant – is yet another powerful reminder of the Chinese government’s ongoing, pervasive, and illegal behavior here in the United States,” said Assistant Director Suzanne Turner of the FBI’s Counterintelligence Division.

Michael McMahon, 55, of Mahwah, New Jersey, was convicted June 20 of acting as an illegal agent of the PRC, conspiracy to commit interstate stalking and interstate stalking US Chinese residents.

In the same court, Congying Zheng, 27, of Brooklyn, was convicted of conspiracy to commit interstate stalking and interstate stalking; and Zhu Yong aka Jason Zhu, 66, of Queens, New York, was convicted of conspiracy to act as an illegal agent of the PRC, acting as an illegal agent of the PRC, conspiracy to commit interstate stalking and interstate stalking.

“The defendants engaged in a campaign of harassment and coercion on behalf of the PRC to force the victim’s repatriation to China from the United States, including by threatening family members,” said Assistant Attorney General Matthew G. Olsen of the Justice Department’s National Security Division. 

According to court documents and evidence presented at trial, McMahon – a retired NYPD sergeant working as a private investigator – and Zhu knowingly acted at the direction of the PRC government officials to conduct surveillance and engage in a campaign to harass, stalk and coerce certain residents of the United States to return to the PRC as part of a global and extralegal repatriation effort known as “Operation Fox Hunt.” Zheng engaged in interstate stalking of the same victims, leaving a threatening note at their residence.

Tuesday's verdict follows a three-week trial before US District Judge Pamela K. Chen. McMahon faces up to 20 years in prison, Zhu faces up to 25 years in prison, and Zheng faces up to 10 years in prison. A federal district court judge will determine any sentence after considering U.S. Sentencing Guidelines and other statutory factors.

“The jury’s verdict confirms that defendants McMahon and Zhu knowingly acted at the direction of a hostile foreign state to harass, intimidate and attempt to cause the involuntary return of a resident of the New York metropolitan area to the People’s Republic of China, and that defendant Zheng harassed and intimidated that same person and his family,” said U.S. Attorney Breon Peace for the Eastern District of New York. 

“It is particularly troubling that defendant Michael McMahon, a former sergeant in the New York City Police Department, engaged in surveillance, harassment, and stalking on behalf of a foreign power for money."

As proven at trial, between approximately 2016 and 2019, the defendants participated in an international campaign with members of the PRC government as part of “Operation Fox Hunt” to threaten, harass, surveil and intimidate John Doe #1 and his family, in order to force John Doe #1 and his wife, Jane Doe #1, to return to the PRC. In or around 2015, the PRC government caused the International Criminal Police Organization (Interpol), an inter-governmental law enforcement organization, to issue “Red Notices” for John Doe #1 and Jane Doe #1, alleging that both persons were wanted by the PRC government on corruption-related charges.

Zhu hired McMahon who obtained detailed information about John Doe #1, his wife, and his daughter from a law enforcement database and other government databases, then reported back to Zhu and others, including a PRC police officer, what he had learned. McMahon also conducted surveillance outside the New Jersey home of John Doe #1’s sister-in-law and provided Zhu and PRC officials with detailed reports of what he had observed. The operation was supervised and directed by several PRC officials, including co-conspirators Hu Ji, a PRC police officer with the Wuhan Public Security Bureau and Tu Lan, a PRC prosecutor with the Wuhan Procuratorate.

In April 2017, Tu Lan and Hu Ji transported John Doe #1’s then-82-year-old father from the PRC to the New Jersey home of John Doe #1’s sister-in-law to attempt to convince John Doe #1 to return to the PRC. The testimony established that John Doe #1’s father was brought by a PRC doctor and charged co-conspirator, Li Minjun, and that while John Doe #1’s father was in the United States, his daughter was threatened with jailing in the PRC. A co-conspirator conducted surveillance of the home during the visit, wearing night-vision goggles provided by the PRC doctor and the PRC prosecutor. McMahon tailed John Doe #1 from the meeting with his elderly father, back to his home, and provided John Doe #1’s address – which was previously unknown – to the PRC operatives.

In October 2016 and April 2017, McMahon emailed himself a China Daily News article titled “Interpol Launches Global Dragnet for 100 Chinese Fugitives,” which stated, “Amid the nation’s intensifying antigraft campaign, arrest warrants were issued by Interpol China for former State employees and others suspected of a wide range of corrupt practices. China Daily was authorized by the Chinese justice authorities to publish the information below.” The article provided a list of photographs and identifying information about Operation Fox Hunt targets by the PRC government, including those of John Doe #1 and Jane Doe #1.

On Sept. 4, 2018, Zheng drove to the New Jersey residence of John Doe #1 and Jane Doe #1 and pounded on the front door. He and a co-conspirator attempted to force open the door to the residence, then left a note that stated “If you are willing to go back to the mainland and spend 10 years in prison, your wife and children will be all right. That’s the end of this matter!”

Previously, three other defendants pleaded guilty in connection with their roles in the PRC-directed harassment and intimidation campaign.

Zebin pleaded guilty in March 2022 to interstate stalking conspiracy and is awaiting sentencing. Hongru Jin pleaded guilty in June 2021 to conspiring to act as an illegal agent of the PRC and interstate stalking conspiracy and is awaiting sentencing. Tu Lan, Hu Ji and Li Minjun are fugitives.

McMahon faces up to 20 years in prison, Zhu faces up to 25 years in prison, and Zheng faces up to 10 years in prison.

The arrests of alleged PRC agents operating in the US follows stepped up efforts of the federal government to ferret out the PRC's espionage strategies. It is occuring  during a time of heightened economic competition and geopolitical tensions between the two superpowers.

The US government has arrested and prosecuted several Chinese nationals and Chinese Americans in its investigation into the PRC's surveillance and harassment of people living in the US in recent years.

Beijing has defended the operation as part of an anti-corruption campaign and said its law enforcement agencies follow international laws when abroad.

But Washington has accused the operation of targeting dissidents and opponents of Chinese leader Xi Jinping.

According to a report by Spanish-based human rights group Safeguard Defenders, nearly 10,000 Chinese nationals worldwide have been forcibly returned since 2014.

“We hope this verdict serves as a message to other operatives in the United States working right now at the behest of the People’s Republic of China in its effort to silence those who speak out against it,” Federal Bureau of Investigation special agent James Dennehy said.

"At the direction of the PRC’s Ministry of Public Security, the defendants engaged in increasingly egregious efforts at repression, from stalking to outright threats and intimidation tactics undertaken at the victim’s family home. This will not be tolerated within our borders, plain and simple," added Turner. "If you or someone you know have been targeted in this manner, we urge you to contact the FBI – and to all those engaging in such repression tactics, stand forewarned.”

EDITOR'S NOTE: For additional commentary, news and views from an AANHPI perspective, follow @DioknoEd on Twitter or at his blog Views From the Edge.

AANHPI may be in for a rough time in the upcoming Presidential election

Anti-Asian attacks has coincided with emboldened White supremacist groups.

In case you haven't noticed, the 2024 Presidential race has already begun with 18 months to go before the the election. Asian Americans, Native Hawaiians and Pacific Islanders should gird themselves for campaigns which will target them as an important vote-rich demographic and as "the other."

Since the start of the pandemic, it has been a fearful three years for AANHPI, blamed for COVID19 and economic tensions generated by deteriorating China-US relations. The campaign season will most likely increase the xenophobic hate towards AANHPI.

Each of the last four presidential campaign cycles has shown an unmistakable pattern: Reported hate crimes increase during elections, according to the Leadership Conference Education Fund report — “Cause for Concern 2024: The State of Hate.”

WHITE SUPREMACISTS

And while not all hate crimes and hate incidents are committed by white supremacists, as this paper outlines, white supremacists have been particularly active during the last four presidential elections. From the mainstreaming of hate and the failure of social media platforms to adequately address disinformation, the current climate is rife with opportunities for the trend of increased hate to continue into the 2024 election — unless action is taken.

In March 2023, the FBI released the most recent statistics on hate crimes. These data showed that 2021 was the highest year on record for reported hate crimes since the FBI began publishing the data in 1991. But because law enforcement agencies do not have to report any data on hate crimes to the FBI, this is not the full picture. In fact, 2021 had the lowest amount of participation from law enforcement agencies since 2012. Even though the most recent data show the highest number of reported hate crimes on record, we know the reality is far worse.

FYI: View the full report “Cause for Concern 2024: The State of Hate” ›

Tragically, since 2015, reported hate crimes have nearly doubled. The Trump candidacy empowered white nationalists and provided them with a platform — one they had been seeking with renewed intensity since the historic election of America’s first Black president in 2008. Since 2015, communities across the country have experienced some of the most violent and deadliest years for hate in modern history.

Today’s political climate is highly charged. From white supremacist and anti-government movements coalescing and moving more into the political mainstream, to conspiracy theories circulating online and public officials amplifying hate, there are few — if any — signs that tensions will lessen. Movements grounded in attempts to whitewash history and deny the rights of the LGBTQ+ community have turned hate into campaign platforms.

SOCIAL MEDIA

Contributing to this climate are social media companies that have not internalized the lessons of the past and have set the stage for a 2024 election year that is at least as toxic online as past elections. Platforms have policies in place that curb and prevent the spread of hate and voting disinformation, but they do not consistently enforce them. 

Furthermore, major platforms,such as the Elon Musk-owned Twitter, have cut back or eliminated their trust and safety staff and hollowed out protections against hate incitements on their platforms.

Some of the key concerns that spurred the Leadership report is based on  the FBI report that showed, among other findings:

Anti-Asian American and Pacific Islander Hate Crimes: The most recent

• Data from the FBI showed a 168% increase in anti-Asian hate crime incidents reported from 2020 to 2021.

• Hate crimes have increased by more than 80% since 2015.

• 2021 was the highest year on record for reported hate crimes since the FBI began publishing the data in 1991.

• Anti-Islamic (Muslim) Hate Crimes: From 2020 to 2021, the community was subjected to a 40% increase in reported hate crimes.

• Anti-Sikh Hate Crimes: The number of reported anti-Sikh hate crimes has increased significantly, reaching a record high in 2021. Currently, anti-Sikh hate crimes are the second most common form of religiously motivated hate crimes after anti-Jewish hate crimes.

RECOMMENDATIONS

The Leadership Conference Education Fund’s “Cause for Concern” series first published in 1997 — provides the following recommendations for how to address the current state of hate ahead of a deeply concerning 2024 election cycle:

• Social media platforms must invest in de-platforming hate for the upcoming local, state, and national elections.

• The federal government must confront and address white supremacist violence without further criminalizing communities of color, religious minorities, and other marginalized communities.

• Congress must mandate hate crime data collection and reporting.

• Public officials must speak out against hate.

Anti-immigrant rhetoric, anti-China legislation, racist laws and the green light to express racist beliefs and suppress the true diverse history of the United States, have already been expressed by Republican candidates, from Nikki Haley to Ron DiSantis to Donald Trump.

It will only get worse as the campaign heats up and conservative candidates try to outdo each other to garner the votes of the extreme right.

As the fastest growing segment of the US population, the majority of whom are first-generation immigrants, Asian Americans, Native Hawaiians and Pacific Islanders  need to pay close attention to what is being said and who is saying it.  And when it comes time to vote: Remember.

EDITOR'S NOTE: For additional commentary, news and views from an AANHPI perspective, follow @DioknoEd on Twitter or at his blog Views From the Edge.

Asian Americans help spur growth of multi-generational households

One my mother's biggest fears as she grew older was that she would spend her later years in a senior nursing home. She was afraid that she and my father did too good a job of Americanizing her kids and like most other Americans, shuttle the elders off to senior housing. 

It took a heart operation to convince my mother to leave the comfort of home and live with my family. For months, she lived with us. She never fully recovered so her last days with us was a time of spoiling her grandchildren, sharing the community gossip secrets of everyone in the tight-knit Filipino American community, watching TV with my daughters, enjoying the banter and eating around the dining table. Sometimes, she even complimented my cooking.

My mom's death was followed by the death of my mother-in-law It was my father-in-law's turn to stay with us. We rented a hospital bed, gave him his own room. A former cook in the US Navy, he never complained about my culinary skills.

Like many Filipino American families, there was never a question from my wife and children that our elderly parents would live with us -- if they wanted. Respect and honor for our elders was a vallue deeply ingrained in us, even if it was never plainly spoken. It was a given.

Among major racial and ethnic groups, Americans who are Asian, Black or Hispanic are more likely than those who are White to live in a multigenerational family household.

About a quarter of Asian (24%), Black (26%) and Hispanic (26%) Americans lived in multigenerational households in 2021, compared with 13% of those who are White.

The concept of multigenerational households has deep roots in culture and history, especially among Native Hawaiian, Asian and Pacific Islander communities where family and elders are  highly valued. Economic factors can also play a large role in a family’s decision to live together.

Immigrant status also is linked to the likelihood of multigenerational living. A higher share of foreign-born Americans (26%) than U.S.-born Americans (17%) live in a multigenerational family home. The greater propensity of immigrants to live in multigenerational households is true even after factoring in the racial and ethnic makeup of foreign-born Americans, who are less likely than the U.S. born to be non-Hispanic White.

Immigrants from Asia, particularly from the Philippines, India and China, make up the fastest growing segment of the nation's population, according to the US Census.

After declining in earlier decades, multigenerational living has grown steadily in the U.S. since the 1970s. From 1971 to 2021, the number of people living in multigenerational households quadrupled, while the number in other types of living situations is less than double what it was. The share of the U.S. population in multigenerational homes has more than doubled, from 7% in 1971 to 18% in 2021.

Multigenerational living is growing in part because immigrant groups that account for most recent overall population growth in the US, including Asian, Black and Hispanic Americans first-generation immigrants, are more likely to live with multiple generations under one roof.

The concept of multigenerational homes has deep roots in culture and history, especially among Native Hawaiian, Asian and Pacific Islander communities where ‘ohana is highly valued.  Economic factors can also play a large role in a family’s decision to live together. 

While the rise in the multigenerational family household population can be linked to the changing makeup of the overall US population, multigenerational living is also rising among non-Hispanic White Americans, who accounted for a higher share of the multigenerational household population growth from 2000 to 2021 (28%) than of total population growth (9%).

There are several reasons why the multigenerational household is a growing trend, chiefly centering on financial support for the older and the younger adults living together. 

Some drawbacks, such as less privacy, can be stressful for some but most people believe the benefits for all the generations living under the same roof outweigh the negatives.

I know my kids loved to hear family stories as their grandparents acted as living historians and they loved making her laugh. For my mom, living with my family was a great relief not having to worry if we would take care of her. She was so relaxed while living with us knowing that she would not have to be alone.

Being Filipino, complimenting my wife's and my efforts at cooking was her indirect way of thanking us for allowing her to live with us. We assured her we wouldn't have it any other way. 

While she may have worried that I was too "Americanized," thankfully, she was still able to pass on her Filipino values.

EDITOR'S NOTE: For additional commentary, news and views from an AANHPI perspective, follow @DioknoEd on Twitter or at his blog Views From the Edge.