AAPI legal group cites Gorsuch's 'troubling' stance on racial bias

THE ASIAN AMERICAN Justice Center issued the following statement on selection of Neil Gorsuch as nominee for U.S. Supreme Court :

"Advancing Justice strongly opposes the President's nominee for the next Supreme Court Justice of the United States . Neil Gorsuch's troubling record on issues of racial discrimination, police brutality, equal protection for LGBTQ Americans, and his hostility toward women's reproductive rights raises grave concerns regarding his ability to be open-minded, fair, and guided by the U.S. Constitution and the rule of law.

"We demand and expect Congress to do its job and constitutional duty to evaluate Gorsuch's ability to uphold the law fairly for all.

" Supreme Court Justices are the ultimate arbiter of the U.S. Constitution and play an indispensable role in our democracy. The American public expects the Supreme Court to uphold the value that every individual should receive equal justice under the law. Any nominee, who will serve for a lifetime on this Court, must put aside partisan ideology to dispense equal justice.

"As President Trump continues to issue executive orders and others stand ready to challenge those orders in our courts of law, the American people need to know they have a fair and independent Supreme Court whose decisions will affect us now and many years into the future."

Judge stays part of Trump's refugee ban; AAPI clap back at Executive Order

Canada will welcome refugees denied entry by the U.S.

PRESIDENT DONALD TRUMP has stirred up a hornets nest with his executive order banning refugees and people coming from seven countries from coming into the U.S.

As his order went into effect, thousands of people began amassing at the country's airports protesting the presidential decree.

The American Civil Liberties Union (ACLU) along with other humanitarian organizations filed a lawsuit Saturday morning on behalf of two Iraqi men who were detained at JFK International Airport in New York. 

By the evening, in an emergency hearing, Federal Judge Ann Donnelly of the Eastern District of New York granted a stay that would prevent the government from deporting immigrants who are already in U.S. airports but are being detained. 

The decision does not overturn the executive order so it leaves in place the ban on people who are currently abroad. What it does is “preserve the status quo” for people who came to the US in the immediate aftermath of the executive order, after having been granted visas allowing them to legally come to the US (before the order was signed).

UPDATE includes number of people impacted and statement from AAAJ

“It was an illegal detention, this was a discriminatory order from President Trump, and we will continue to fight for all of the refugees, immigrants and non-immigrants,” said Mark Doss, the supervising attorney for the International Refugee Assistance Project.

One of the detained men, Hameed Khalid Darweesh, worked as an interpreter for the U.S. Army when it invaded Iraq in 2003 and later as a contract engineer for the U.S.

For his safety, he was granted permission to come to the U.S. Upon his arrival at JFK Friday night, he was detained along with another traveler from Iraq named Haider Sameer Abdulkhaleq Alshawi. Darkish was released first Saturday afternoon and then later in the day, Alshawi was also freed. An unknown number of people are detained at U.S. airports.

When Judge Donnelly asked U.S. lawyers for a list of all those being detained, the attorneys said they didn't have the list and that it would take time. "Work it out," she responded.

Besides the two men at JFK, there were reports of 11 more people detained at the airport.

RELATED:

• Trump issues executive order banning refugees from Muslim countries
• 100 AAPI organizations sign Letter of Resistance
• No to Trump 

According to the Department of Homeland Security, hundreds of international travelers were impacted by Trump's executive order: 109 were in transit and denied entry; 173 were prevented from boarding flights to he U.S. All in all, 375 travelers were impacted.

Trump's executive order signed Friday afternoon is supposed to make America safer from terrorists who come into the country as refugees.

“We have an obligation as Asian Americans to speak up when the most shameful parts of our history stand to be repeated," said Karin Wang, vice president of programs and communications at Asian Americans Advancing Justice-Los Angeles.

"The unfair targeting of Muslim immigrants is a haunting reminder of the Chinese Exclusion Act of 1882: during a period of intense anti-Chinese violence and persecution, it was the only U.S. law ever to ban immigration of a specific ethnic group,” she stated in a press release.

“The language in this executive order demonizing Muslims is reminiscent of the rhetoric that led to the mass incarceration of Japanese Americans during World War II, which was one of the most flagrant violations of civil liberties in American history," said Megan Essaheb, assistant director of immigration and immigrants’ rights at Asian Americans Advancing Justice-AAJC. 

“We cannot forget the fear mongering and hysteria which lead to the incarceration during World War II where more than 110,000 innocent people, mostly U.S. citizens, were incarcerated solely on the basis of their national origin.”

Since 9/11, the U.S. has admitted 784,000 refugees into the country. According to the Migration Policy Institute, during that time, exactly three refugees were found to have links to terrorism — so, approximately .00038 percent of refugees in the U.S. have had ties to terrorism. Two of these refugees were caught while trying to leave the country to join extremist groups abroad. All three are currently in prison.

What's puzzling about Trump's ban is that the countries named in his ban, none were involved in the terrorist attack on 9/11. Most of those involved in that attack were from Saudi Arabia.

The perpetrators of other recent attacks in the US that have been linked to Islamic extremism were also not from the seven countries:

• The killer of 50 people at a gay nightclub in Orlando in June 2016 was a US citizen whose parents were Afghans
• The two people who shot 14 dead in San Bernardino, California, in December 2015, were a U.S. and a Pakistani citizen
• The Boston marathon bombers who killed three and injured many more were ethnic Chechens.

Canadian Prime Minister Justin Trudeau said that his country will welcome the refugees turned away by the U.S. He also intends to talk to Trump about the success of Canada’s refugee policy.

Trudeau reacted to Trump’s ban of Muslims from certain countries by tweeting Saturday: “To those fleeing persecution, terror & war, Canadians will welcome you, regardless of your faith. Diversity is our strength #WelcomeToCanada.”

Meanwhile, the Council of American Islamic Relations (CAIR) has scheduled a press conference Monday, 1 p.m. in Washington D.C. to file their lawsuit challenging the constitutionality of Trump's ban.

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Website created to report hate incidents against the AAPI community

Swastikas were etched into the glass of the Canaan Taiwanese Christian Church in San Jose

ASIAN AMERICANS ADVANCING JUSTICE has launched a new website to track incidents of hate plaguing the Asian American and Pacific Islander (AAPI) communities. Amidst the racially-charged atmosphere of today’s political climate, many Asian/Americans and Pacific Islanders are fearful.

“While hate crimes and incidents have surged to the top of news coverage leading up to and following the November 8 election, attacks against AAPIs have received little attention,” said Stewart Kwoh, Executive Director of AAAJ-LA. “But anecdotally, Advancing Justice has heard of a number of incidents including physical threats and attacks as well as vandalism and hate messages, all targeting Asian Americans.”

A coalition of five legal groups advocating for civil and human rights, AAAJ saw the need to record and share these incidents. AAPI communities are struggling with racism much more so than many may think.

In the first 10 days after the November 8 election, there were around 900 reported incidents of hate in the United States, according to Mee Moua, president and executive director, Advancing Justice – AAJC.

Anti-Muslim and anti-Chinese hate crimes have especially been on the rise. In November, several mosques across the country were sent hate letters calling for genocide and calling Muslims “children of Satan”; this is only one of the plethora of hate incidents reported, not to mention the many more that likely go unreported. Calls by Trump for a Muslim registry are an eerie reminder of Japanese incarceration during World War II.

Many of the perpetrators have pointed to the election of Donald Trump and may believe his election gives them the green light to act out violently on their racist feelings not only against AAPIs, Muslims, and Hindus, but also Blacks, Latinos and Jews.

We cannot stay silent when our communities become victims of hate speech or harassment,” said Moua.

Advancing Justice–Asian Law Caucus Executive Director Aarti Kohli said this climate of hate makes the website dubbed www.standagainsthatred.org a necessity.

“While victims of hate crimes should contact their local law enforcement to report a crime or file a complaint, we recognize that many in our communities experience hate incidents where they may not want a police response. This website allows victims of hate in our communities to share their experiences with us, such as hate speech, harassment, bullying, and other incidents, including criminal conduct, and have their voices heard.”

To report an incident, or to read the stories of victims, visit www.standagainsthatred.org.

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Asian American applicants to Harvard join fight to protect affirmative action

AAAJ-LA photo

Jason Fong (at podium) participates in a press conference defending affirmative action.

ASAM NEWS

TWO ASIAN/AMERICAN students have joined Harvard in its effort to defend the schools affirmative action program for underrepresented students.

Both students are from Southern California and are current applicants to Harvard.

“Asian students and other students of color have to face institutional barriers that many white students may not, so I think it levels out the playing field.” said Jason Fong, one of those two students. 

“I got involved in this case because I feel it’s important for Asian/Americans like myself to ask why we aren’t doing more to fight against racism directly. And as someone who has benefited greatly from being educated in an environment with great diversity in race, class and thought, I believe diversity is a valuable criteria for any campus to embrace.”

Fong is active in expressing his political views on social media and was behind the successful hashtag #MyAsianAmericanStory which captured the attention of even the Los Angeles Times. Fong also is a former intern for AsAmNews.

The other student is a Pacific Islander. Both were assisted by Asian Americans Advancing Justice, Los Angeles.

RELATED:

• AAPIs react to Supreme Court decision supporting affirmative action
• A closer look at anti-affirmative action complaint vs. Ivy League schools
• Asians and affirmative action

“Opponents of affirmative action continue to peddle the myth that affirmative action hurts Asian American students by placing quotas on their admissions into elite colleges in favor of African American and Latino students,” said Nicole Ochi, an attorney with AAJC-LA. “This is an absolute lie. Quotas, in fact, have been unconstitutional for decades.”

Harvard was sued by Students for Fair Admissions, an anti-affirmative group which has filed a series of similar lawsuits against other universities. The suit was filed by an unnamed Asian/American student who was denied admission.

“We refuse to be used as a wedge by outside players stoking the insecurities of newer Asian immigrants, provoking them to lash out at the very programs that have helped communities of color gain access to higher education," said Ochi. 

"In our current political climate where racism and bigotry continue to be normalized, it is more important than ever to acknowledge that race still matters and should not be the only aspect of an applicant’s story that is excluded from consideration in the admissions process.” (View From the Edge contributed to this report._

AAPI oppose Obamacare critic as head of Health & Human Services

 Rep. Tom Price might become Secretary of Health & Human Services, 

DONALD TRUMP may have found his hatchet man to do away with Obamacare and render Medicare and Medicaid ineffective. Trump's choice of  Rep. Tom Price, R-Georgia, for Secretary of Health & Human Services has drawn sharp criticism from Asian/Americans. 

Price's nomination signals the President Donald Trump's determination to give private health insurance a way to fatten their bottom line while doing away with the all the major health care benefits government has developed in the last 50 years.

In other words, the incoming administration appears to be ready and willing to destroy the American health care system as we know it.

Whose health coverage will be the most affected? Millions of seniors, low-income families and children, including many of the people who voted for Trump.

Asian Americans Advancing Justice opposes the nomination of Price. As a member of Congress, Rep. Price has been one of the lead critics of the Patient Protection and Affordable Care Act (ACA) and has repeatedly attempted to repeal or gut the ACA.

Among Price’s most dangerous proposals are limiting tax credits for the poor, privatizing Medicare, barring federal funding to Planned Parenthood, and converting Medicaid to block grants which would pretty much negate its role as a safety net program.

Price and the Republicans want Medicare to whither away. Before Medicare was enacted in 1962, a whopping 48% of seniors lacked health insurance as opposed to only 2 percent today.

Despite overwhelming approval of Medicare by the American public, Price has been consistent in his ideological opposition. "Nothing has had a greater negative effect on the delivery of health care than the federal government’s intrusion into medicine through Medicare," he said. 

Since implementation in 2010, the ACA has given 20 million previously uninsured Americans access to critical health care services. Among the ACA’s success stories is the significant increase in health insurance coverage amongst Asian Americans and Pacific Islanders (AAPI). Repealing the ACA would likely double the uninsured rate to 19.4 percent and cost an estimated 24 million people their health coverage.

"The Asian American and Pacific Islander community has seen the greatest decrease in our uninsured rate--by 59 percent--under the ACA, the largest of any racial group nationally," said Doreena Wong, director of Advancing Justice-LA's health access program."

"And consistently, AAPIs have expressed significant support for the ACA, even across party lines -- for example, a poll in Spring 2016 found that 76 percent of Asian/American voters supported the ACA, including 60 percent of those identified as Republican. A repeal of the ACA means that hundreds of thousands of our community members stand to lose critically needed health coverage," said Wong.

Although Republicans plan to cut Medicaid — the primary program providing health care to low-income individuals , Price’s plans for Medicaid are even worse. His latest budget proposalwould have repealed Medicaid expansion entirely, without replacing it.

Eventually, Republicans would phase out Medicaid, leaving the poorest to fend for themselves.

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Anti-immigrant rhetoric may motivate Asian/Americans to cast ballots

Reprinted from AsAm News

REPUBLICAN DELEGATES chanted "Build That Wall" whenever the topic of immigration came up at the Republican National Convention last week. Little did they realize that
Asian/Americans are the fastest growing racial group in the United States, primarily because of immigration and "The Wall" Donald Trump is trumpeting to be built along the U.S.-Mexican border, will do very little to stem the immigration from Asia.  

To date, neither political party has successfully won over the Asian American voting bloc. Known as the “sleeping giants” in this year’s presidential election, Asian Americans may just have the potential to turn several states from red to blue, including Virginia, Florida, Nevada, Ohio, and Georgia, areas where the educated workforce and immigrant populations are growing.

A coalition of Asian American / Pacific Islander organizations, including Asian Americans Advancing Justice (AAAJ), is cultivating civic engagement and facilitating voter outreach in target areas in 25 states, reports the Washington Post. Volunteers of these nonpartisan organizations aim to increase the number of registered Asian American voters.

While many of the coalition’s volunteers have a history of political engagement, Donald Trump has provided an additional incentive for these volunteers to get out the Asian American vote. Known for his anti-immigration sentiments, Trump has struck a nerve with the Asian American community.

John Choi, a 28-year old Korean/American who grew up in Gwinnett County, Georgia, feels that he has a personal stake in this election. “I come from a family of immigrants…When I hear language and speeches and talks about policies that are anti-immigrant, it really does make me want to vote more…it makes me want to tell all my friends and family to also vote, to counter all the anti-immigration rhetoric.”

Encouraging Asian/American political participation comes with unique challenges. Christine Chen, the executive director of APIAVote explains, “Culturally, they’re coming from countries where politics are crooked, or you just don’t want to have an opinion…We’re making inroads, but there’s still a lot more work to be done … We want to shift the culture, so that way it’s normal and it’s expected you participate.”

Volunteers who can speak the native languages of these voters are uniquely able to meaningfully lower the barriers to political participation, elucidating important details like registration deadlines and articulating the importance of the vote on issues like healthcare, education, and immigration.

Sometimes, it’s as simple as making the ask. Thanh Ngo, a middle-aged Vietnamese man who had been living in the states for the past 20 years, was asked to register to vote for the very first time – and successfully persuaded – by Vietnamese American volunteer Minh Gia Nguyen.

“It’s your benefit as a citizen,” she explains. “Do it for your family, for your children’s future.”

(Views From the Edge contributed to this article.)

AAPI leaders respond to this week's shootings in Dallas, Louisiana and Minnesota

ASIAN/AMERICAN leaders joined the rest of the nation in expressing their heartfelt sadness following the horrendous police shootings that left five police officers dead and several more injured.

California Atty. Gen. Kamala Harris

 “I pray for the officers who lost their lives tonight, for their grieving families and our law enforcement brothers and sisters in Dallas,” said California Attorney General Kamala Harris whose mother is Indian American and father is Black. “Last night’s unspeakable violence reminds me of these words from Dr. Martin Luther King, Jr: “Darkness cannot drive out darkness: only light can do that. Hate cannot drive out hate: only love can do that. 

“Violence only increases distrust and anger. I know firsthand that the relationship of trust between law enforcement and the communities we are sworn to serve is reciprocal. We honor the courage and sacrifice of law enforcement as we continue the important national dialogue around reforming our criminal justice system.”

San Francisco Mayor Ed Lee also shared his thoughts this morning.

San Francisco Mayor Ed Lee

“This morning our hearts are heavy following the recent violence that has impacted communities across the country. We can and must stand against violence–violence against young men of color, violence against law enforcement officers and violence against our communities as a whole. We need to come together, have meaningful conversations about change and work together towards peace.

“In these sad times, when it seems nearly everyday we are greeted by more killing and more reason to grieve, we must remember what is right and what gives us hope. It is the bold, but peaceful protestors in the Black Lives Matter movement across the country who seek a safer, more perfect union through speech, the many brave police officers — such as those in Orlando — who unselfishly rush to save lives, and our San Francisco police officers who showed this week that reforms can take hold and the sanctity of life can be upheld. ”

Prior to the sniper incident last night in Dallas, Asian American Advancing Justice called on law enforcement nationwide to deescalate the situation.

“With their deaths, more than 500 people have been killed by police in 2016, and as a nation, we must find immediate and effective solutions to address practices of racial profiling and excessive use of force by law enforcement officers. We are facing an epidemic of African American fathers, sons, mothers, and daughters who are dying at the hands of police in this country. It must stop.

"As the nation’s leading legal and civil rights voice rooted in Asian American communities, we stand together with communities of color in the fight to end systemic police brutality. As the facts of each case surface, we ask the U.S. Department of Justice to not only investigate the fatal shooting of Mr. Sterling but also to investigate the shooting and death of Mr. Castile.

“In addition, we call for state and federal government leaders to act swiftly and decisively to implement policies, procedures, and legislative actions that address racial bias and profiling, police misconduct, and end excessive police use of force.

“We need law enforcement to commit to tactics that de-escalate or disarm, not result in more loss of lives in our communities of color. We want to ensure the motto “to serve and protect” rings true for all of our communities.”

Bill Yoshino, Interim Executive Director of the Japanese American Citizens league issued this statement: 

"In 1982, a federal commission issued its report on the World War II incarceration of Japanese Americans. The report was titled Personal Justice Denied to remove the anonymity from an outrage perpetrated against a group. It happened to men, women, and children; people with names who lived ordinary, and for some, extraordinary lives.

"This title aptly describes the events of the past several days where the killing of two black men has again raised the specter of a society that continues to devalue black and brown lives. Alton Sterling, a black man, was killed by police in Baton Rouge, LA. Philando Castile, a black man, was killed by police in Falcon Heights, MN. The U.S. Department of Justice will investigate the killing of Sterling, and the Minnesota governor has called for a similar investigation in the killing of Castile.

"According to a database created by the Washington Post, 509 people have been shot and killed by police in the United States this year, over half of whom are people of color. Although we acknowledge and respect the difficult situations that law enforcement officials often find themselves in, we also question what appears to be an excessive use of deadly force, particularly against black men. JACL has stated before that it is impossible to understand these deaths outside the context of a society that rests upon deep foundations of anti-black racism; a society where structural racism works to economically, emotionally, and physically devastate people and communities of color.

"We must do better than to simply express outrage, as these expressions by themselves leave communities of color with the impression that racism and excessive force have no end. These communities will not tolerate it, nor should we. We cannot simply reiterate our emotions each time these incidents occur. JACL remains committed to the struggle for racial equity and will continue to work alongside our partners in the pursuit of institutional change because our own historic experience obligates us to do no less.

"The foregoing in no way diminishes the outrageous shootings in Dallas last evening where it is reported that 12 officers were shot, leaving 5 dead. Confronting racism in America does not conflict with an admiration for the courageous work of law enforcement officers who, in the face of danger, protect the public in a manner that respects the law. We mourn the passing of DART officer, Brent Thompson, and the other officers whose names are yet to be released."

Asian/American representatives in Congress also responded to the recent shootings in Dallas, Louisiana and Minnesota via their social media sites. 

Rep. Bobby Scott, D-Virginia, who is African/Filipino/American, issued this statement:

"Less than a month after the mass shooting of club goers in Orlando, the Nation has witnessed yet another mass shooting. This time the targeted victims were police officers, who put their lives on the line each and every day. Last night’s shooting is especially tragic in that this ruthless, coordinated attack occurred as Dallas police officers were seen interacting collegially with peaceful protesters – the type of interaction we strive to see between law enforcement and the communities they are sworn to protect.

“These senseless and inexplicable acts of violence are a painful reminder that we all must work harder on efforts to build trust between law enforcement and our communities. We are all someone's parent, child, and neighbor, and we must strive to see and respect the humanity in each other. My thoughts and prayers are with the families of the fallen officers.”

Rep. Ted Lieu, D, Los Angeles, issued this statement:

“The killing and wounding of law enforcement officers in Dallas, and the wounding of civilians, were depraved, senseless, criminal acts. While we do not yet know much about all the possible shooters, this attack is a poignant reminder that our law enforcement officials put their lives on the line every time they put on a uniform. My grandfather was a police officer and I greatly respect the service and protection that law enforcement provides on a daily basis. My heart goes out to all those affected by this tragedy. As we continue to learn more, I urge my fellow Americans not to let these events divide our communities. Let us respond to hate with love, to violence with peace, and help heal our nation.”

(AsAm News and Views From the Edge contributed to this report.)

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A closer look at the complaint vs. Ivy League colleges

Most Asian/Americans support affirmative action

ARE ASIAN/AMERICANS being discriminated against by some Ivy League colleges? As a person of color, I just assume discrimination, bigotry, racial bias and stereotyping as just a part of life.here in the United States of America. So - yeah - I believe some Asian/Americans are being victimized by the admissions process employed at some colleges.

But acknowledging bias towards Asian/American students is not the same as being against the practice of affirmative action.

RELATED: Complaint alleges anti-Asian bias in Ivy League

A recent complaint filed with the Department of Education by some Asian/American organizations against Brown University, Dartmouth College and Yale University, implies that Asian/Americans students are being denied admission despite scoring higher on their SATs, better GPA's and more impressive extracurriculars.

It's an old argument that white students employ when they are denied admission to the college of their choice. In fact, a case the Supreme Court will issue a decision soon, Fisher v. University of Texas, uses that argument: affirmative action allowed less qualified students were admitted to the University of Texas while turning away this one white student.

            RELATED: Asians and Affirmative Action
            AAPI groups support affirmative action

The Wall Street Journal jumped on the Ivy League story and other publications followed suit. The stories made it look as if Asian/Americans were against affirmative action. (Full disclosure: I am a beneficiary of affirmative action.)

However, when 160 Asian/American organizations supported the University of Texas affirmative action policy and AAPI legal organizations filed friends of the court briefs in the Fisher case, nary a word from mainstream media and certainly not from the conservative-leaning Wall Street Journal.

Frankly speaking, there are people and groups who would like to do away with affirmative action and they don't care a whit about AAPI admissions. By pitting the "model minority" against other minorities (you've heard about the strategy of divide and conquer?) Asian/Americans are being used to discredit a policy that has helped those who — otherwise — would not have the opportunity to even be considered for admission.

Whenever Euro/Americans attack affirmative action, (and they are the ones who usually do the complaining) it's hard for them to not look like racists. However, if they can pit Asian/Americans against African/Americans and Latinos, they can wash their hands of the debate and still accomplish their goal of dismantling affirmative action.

The bigger story,  (I don't believe any of the mainstream media have done this story), is the apparent divide between new immigrants and the those AAPI who have been here for a generation or more.

Many of the groups behind the complaint are comprised of newly arrived immigrants whereas many of the groups that support affirmative action policies are of second, third and fourth generation.

“Most of the groups who filed the federal complaint are newer organizations comprising foreign-born immigrants, largely from China," writes David Noriega of BuzzFeed. "The groups who led the opposition to the complaint tend to be older civil rights groups with American-born leaders and long-standing relationships with black and Latino activist groups. ‘From a sociological standpoint, that makes sense,’ C.N. Le, a professor at the University of Massachusetts, Amherst, told BuzzFeed News. More recent immigrants, he said, ‘are coming from an idealized image of American society as a meritocracy where everybody should have an equal chance … So, from that point of view, they see affirmative action as this mechanism that discriminates against Asian/Americans.'”

“Efforts to dismantle race-conscious admissions programs are short-sighted. They ignore the historical context for such programs and also serve to marginalize currently underserved communities, including many Asian/Americans and Pacific Islanders,” said Stewart Kwoh, executive director of Asian Americans Advancing Justice-Los Angeles. “We oppose quotas on any racial or ethnic groups, which already are prohibited by law. The truth is that affirmative action does not constitute quotas -- it simply takes into account whether an applicant has overcome significant obstacles and institutional barriers, such as racial and ethnic discrimination. We strongly support admissions policies that are inclusive of all underrepresented communities.”

To counter the impression that the AAPI community is against affirmative action, last May 22 an open letter of support for affirmative action as signed by 150+ AAPI organizations and several hundred AAPI individuals. Again, no major media picked it up even though the organizations included some of the oldest, most stable and most active AAPI civil rights organizations.

***

The letter states:

We stand together as organizations across the United States representing Asian Americans, Native Hawaiians and Pacific Islanders, in strong support of race sensitive affirmative action policies in higher education.

We believe that equal opportunity is a cherished principle in American society that must be protected, and that our universities should reflect our diverse democracy and expand opportunities for students who have overcome significant barriers. Rather than letting ourselves be divided, we must come together to ensure increased opportunities and success for all students in our nation.

Affirmative action is a holistic approach that promotes diverse educational learning environments essential in our multiracial society. Affirmative action should be firmly upheld in our nation’s institutions of learning, including in Ivy League universities such as Brown, Dartmouth, and Yale.

Affirmative action does not constitute quotas

Unfortunately, there continue to be attempts by some to engage in divisive wedge politics by using misguided, misleading tactics to attack equal opportunity by calling for an end to race sensitive admissions policies at educational institutions such as Brown, Dartmouth, and Yale, as well as Harvard University and University of North Carolina at Chapel Hill. Opponents of affirmative action have wrongfully and disingenuously equated affirmative action with quotas.

The truth is that affirmative action does not constitute quotas.

Affirmative action does not exclude or limit the admission of students from any specific racial or ethnic background. Indeed, the United States Supreme Court long ago prohibited quotas in the higher education admissions process, including banning limits on the admission or enrollment of any racial or ethnic group.

To be clear, we oppose quotas, discrimination, and bias against any racial or ethnic group

Affirmative action promotes equal opportunity for all

We support affirmative action which, as noted above, does not constitute quotas, discrimination, or bias against Asian Americans.

Currently, affirmative action at universities consists of race sensitive holistic admissions policies. These policies promote equal opportunity in a society where racism still exists and racial barriers continue to unfairly limit educational opportunities for students of color. For example, our schools are more segregated today than they were in the late 1960s. Students of color, particularly African Americans, Latinos, Native Americans, Pacific Islanders, and Southeast Asians, are much more likely to attend under-resourced K-12 schools. Implicit bias and stereotyping also further impact and harm the educational learning environments and opportunities of students of color. Universities should consider these factors when reviewing applications for admissions.

All students – including Asian Americans – benefit from the racially and ethnically diverse learning environments fostered by race sensitive holistic admissions processes, including the benefits of increased cross-racial understanding, reduction of stereotyping and isolation of minority students, and training for a diverse workforce and society.

Affirmative action simply takes into account whether an applicant has overcome significant obstacles and institutional barriers, such as racial and ethnic discrimination

Affirmative action simply takes into account whether an applicant has overcome racial and ethnic adversity as one of several factors in a holistic review of an applicant’s qualifications, leadership, and potential. Holistic admissions processes also consider, for example, whether an applicant has endured poverty or is the first in her family to attend college.

Moreover, in the context of college admissions, “merit” cannot be quantified by grade point average, SAT scores, or number of activities alone. Instead, life experiences such as overcoming racial and ethnic adversity are critical factors in a student’s leadership and potential contribution to the university and to our society. In addition, numbers, like grade point averages and standardized test scores, are not colorblind and often reflect and magnify K-12 educational inequities.

Equal opportunity strengthens our democracy

Affirmative action policies help to level the playing field and promote diverse university learning environments that are essential in our multiracial and multicultural society. Our democracy benefits from a diverse and educated populace and workforce.

Those who are truly committed to equal educational opportunity should demonstrate real leadership and reinvest in higher education throughout the nation to expand access, affordability, equity, and student success. Decades of disinvestment in higher education across the country have made college less accessible for all students, especially students of color. We call for unity in standing up for the future of our diverse youth and realizing the promise of equal opportunity for all in the United States.

We also call upon our leaders in higher education institutions to uphold race sensitive affirmative action policies in their admissions processes. Especially at this pivotal time of national discourse about the need to fulfill the promise of our democratic ideals for communities of color, it is imperative that universities carry out their important role of advancing inclusion, equity, and educational opportunities for all students in our multiracial democracy.***

This time the Wall Street Journal did mention the letter ... kind of. This is what it reported:

"Support among Asian-Americans isn't monolithic. A group calling itself Asian Americans Advancing Justice issued a statement on Monday saying it fully supports affirmative action in higher education." 

The phrase, "A group calling itself ...?" putting the question into the minds of the readers that the AAAJ was not a legitimate organization. There was not even a mention of the Japanese American Citizens League (JACL) or the Organization of Chinese Associations (OCA), two of the oldest civil rights organization in the AAPI community, who also signed the letter. Maybe the problem lies with the Wall Street Journal's view of the world that would do away with government and let the free market reign even if it means creating an oligarchic society where the very few rules over the vast poor masses.

The different viewpoints between recent immigrants and the more established AAPI groups became evident in the case of former NYPD officer Peter Liang and the fatal shooting of Akai Gurley. 

The more recent immigrants wanted justice for Liang, who they felt was the sacrificial lamb  
for all the abuses committed by police.

The AAPI groups and individuals who sided with Gurley's family and their supporters were the more established organization that had long working relationships with African/American justice groups, including Black Lives Matter.

In a book published last summer, "The Asian American Achievement Paradox," Jennifer Lee, a sociology professor at the University of California, Irvine (UCI), and Min Zhou, a professor at the University of California, Los Angeles (UCLA), suggest Asian/Americans shouldn't blame affirmative action for perceived injuries, but instead embrace the policy.

"They think it's in their self-interest to fight affirmative action," Lee told NBC News. "But (it is) only in a very narrow way, without thinking of their broader life course. We need affirmative action because we don't have the institutional advantages we think we do.

"The better question (isn't self-interest, but) whether Asian Americans are willing to recognize our ethnic and class diversity," Lee said. "Not all Asian ethnic groups are highly educated and high-achieving; in fact, most aren't. For those who face ethnic and class disadvantages, including Cambodian-, Laotian-, and Hmong-Americans, affirmative action policies will help. It will also help high-achieving groups like Chinese-, Indian-, and Korean-Americans to experience racial and ethnic diversity and better prepare them to work in diverse workplaces." 

The divide between recent immigrants and AAPI who've been in this country for a generation or more is a more complex story that needs to explored, but don't expect the Wall Street Journal to write about it.

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Exploited bakery workers get U.S. visas to continue working legally

Gina Pablo speaks about the abusive and illegal working conditions she endured working at L’Amande French Bakery. Looking on are Stewart Kwoh, executive director of AAAJ-Los Angeles, (left) and U.S. Representative Ted W. Lieu.

AFTER A YEAR-LONG legal battle resulting in a $15.2 million default judgment last month, the 11 Filipino workers who sued the owners of L’Amande French Bakery were also recently granted T visas, also known as T Nonimmigrant Status. T visas provide victims of human trafficking temporary legal status and work authorization and allow them to bring their families to the U.S.

“I am grateful for the hard work of our lawyers, and, to Congressman Ted Lieu, for listening to our hearts and believing in us,” said Romar Cunanan, one of the workers recruited to work at the bakery. “With his kind heart, he helped all of us to get T visas so we can continue to work here in the U.S. and to reunite with our family, without fear of what defendants can do to us.”

“We are thrilled that our clients have the opportunity to rebuild their lives in the U.S. This case represents a harder to detect, but perhaps more prevalent form of human trafficking than what we are used to hearing about,” said Yanin Senachai, a staff attorney at Asian Americans Advancing Justice-Los Angeles at a press conference yesterday (June 9). 

“The employer in this case held the workers as captive labor, not with the use of barbed wire and armed guard, but with more subtle forms of coercion, including forcing a significant debt on the workers and threatening to harm them in the home country.”

The bakery owners, Analiza Moitinho de Almeida and her husband Goncalo, left the U.S. and sold all their U.S. holdings before the court could hear the case so it is uncertain if any of the $15.2 million judgement can ever be awarded to the workers. The de Almeida couple didn't attend any of the court proceedings.

Analiza Moitinho de Almeida is the daughter of Juan B. Santos, the former head of Nestlé in the Philippines and current head of that country's Social Security System.
The workers were fraudulently lured by their employer to the U.S. from the Philippines on E-2 visas and then subjected to abusive and exploitative working conditions, including workdays as long as 17 hours and wages as low as $3 an hour. The workers were also threatened with a significant debt of $11,000 each unless they agreed to work under these illegal conditions for at least three years.

When the workers refused to lie to authorities about their working conditions, the owners of the bakery retaliated by terminating their positions, leaving the workers in immigration limbo. They also threatened to use their political connections to harm the workers and their families in the Philippines.

In March 2015, Rep. Lieu (D-Torrance) met with the workers, concerned about the employer’s abuse of the guestworker program as part of a scheme to obtain forced labor. As a result of the meeting, Lieu reached out to U.S. Citizenship and Immigration Services (USCIS) in support of the workers.

“During our meeting, the Filipino guest workers recounted a systematic and lengthy period of verbal and physical abuse by their employers. It is disheartening to know that human trafficking can occur so close to home and that individuals are subjected to such psychological and inhumane treatment,” said Lieu. 

“In this case, the Filipino workers’ story ultimately ends with a victory in justice’s name. Sadly, however, their story is just one of many. I will work with Advancing Justice-LA on ways to improve how our government assists victims of human trafficking and to prevent future cases so women, men and children are not subjected to such deplorable treatment in the United States.”

With the T visas, the 11 workers have a chance to rebuild their lives here in the U.S., including the ability to find other employment. All 11 workers are now employed elsewhere and several are planning to bring over family members they have not seen in years.

AAAJ-LA filed the T visas on behalf of the workers with the help of attorneys Nicole Kim, Angela Makabali, and Maximillian Hirsch, working under the auspices of Skadden’s pro bono program.