California Governor signs bill making Lunar New Year as an official holiday for state employees

San Francisco's Chinese New Year's Parade is the largest in the nation.

In a flurry of bill signing before the end of September, among the dozens of bills signed by California Gov. Gavin Newsom was a bill that would make the Lunar New Year an official holiday for state employees.

“Recognizing this day as a state holiday acknowledges the diversity and cultural significance Asian Americans bring to California and provides an opportunity for all Californians to participate in the significance of the Lunar New Year,” said Newsom in a proclamation.

in signing the bill authored by Assemblymember Evan Low (San Francisco), Newsom did not specify a date to the new holiday, which would apply only to state employees. Various ethnicities celebrate the Lunar New Year, but the actual date of the event fluctuates among the different cultures and depends on the Lunar cycle.

According to the US Census, Asian Americans make up 15% (or, 6-7 million) of California's total population. Chinese Americans number around only about 1.3 million out of a total of almost 40 million but are concentrated in politically powerful urban centers such as the San Francisco Bay Area and the Los Angele-Orange County metro region.

Although earlier this year, Newsom proclaimed Feb. 1 a state holiday, to celebrate Chinese New Year, the best known of the Lunar New Year celebrations. In the US, the Vietnamese and some Hmong have altered their celebrations to coincide with the Chinese New Year, although in the countries of origin, the dates might differ. For example, the Hmong celebrate the new year in early December and the Thai usher in the new year in April.

Chinese New Year is defined as the second new moon after the winter solstice; thus it begins sometime between late January and mid-February, approximately at the beginning of Spring (which, in the Chinese calendar, starts forty-five days after the winter solstice). It is celebrated not only in China, but also in Korea, Vietnam (where it is known as Tet), and in Chinese communities throughout the world.

“I am signing AB 2596, which authorizes any state employee to utilize 8 hours of vacation, annual leave, or time off in lieu of receiving 8 hours of personal holiday to observe the Lunar New Year,” specified Newsom.

The new holiday does not create an extra day off for state workers. The proclamation allows employees to use existing vacation time to take the day off if they wish. In the past, workers who wished to take the Lunar New Year's day off, had to use personal time. The state proclamation does not mandate the holiday for private businesses or other local jurisdictions.

"I am extremely proud of the richness of the diversity and backgrounds represented in our state and understand the importance of watnting to see one's own experience reflected in our state holidays," said Newsom in his proclamation.

EDITOR'S NOTE: For additional commentary, news and views from an AANHPI perspective, follow @DioknoEd on Twitter.

Court upholds California's sanctuary laws

UPDATED April 19 1 p.m. to include statement from ICE Out of California coalition.

The U.S. Court of Appeals in San Francisco agreed Thursday (April 18) with a Sacramento federal judge who ruled that California's so-called sanctuary laws don’t conflict with federal immigration statutes. 

The three-judge panel also upheld a California measure that requires private employers to alert workers before federal immigration inspections, while directing the lower-court judge to re-examine part of a third law that authorizes the state attorney general to inspect facilities that house immigrants not detained for criminal offenses.

A federal judge Thursday (April 18) ruled against the Trump administration’s attempt to immediately halt California’s so-called sanctuary laws.

The Ninth Circuity three-judge panel agreed with the lower court's Judge John Mendez, in U.S. District Court in Sacramento, who denied a request by the federal Department of Justice for a preliminary injunction against California laws that limit cooperation with immigration enforcement officials.

“Today’s ruling marks a defeat for the Trump administration’s hateful and discriminatory agenda," stated the steering committee of the ICE Out of California coalition, including Advancing Justice – Asian Law Caucus, California Immigrant Policy Center, California Immigrant Youth Justice Alliance, Immigrant Legal Resource Center, and National Day Laborer Organizing Network.

"With the 'sanctuary state' law upheld in full, it is imperative for local governments to separate themselves from the inhumane business of detaining and deporting community members," the coalition statement continued.

The legal question at the heart of this lawsuit is well-settled across the ideological spectrum: the federal government cannot force local governments to do its dirty work.”

Judge Mendez ruled that the Trump administration failed to confront California’s primary concern: that total state cooperation with federal immigration enforcement would make Californians not more safe, but less. 

“The historic police powers of the State include the suppression of violent crime and preservation of community safety,” the judge adding that the “ebb of tensions between communities and the police underscores the delicate nature of this relationship. Even perceived collaboration with immigration enforcement could upset the balance California aims to achieve.

The appeals court concluded that  Washington doesn’t have the constitutional power to require California’s assistance in immigration enforcement.

SB 54, known as the California Values Act, bars local officials from informing federal officials about immigrants’ release dates from jail except in serious criminal cases. was signed into law by former then-Gov. Jerry Brown.

“SB 54 may well frustrate the federal government’s immigration enforcement efforts,” the court ruled. “However, whatever the wisdom of the underlying policy adopted by California, that frustration is permissible, because California has the right, pursuant to the anticommandeering rule, to refrain from assisting with federal efforts.”

It is not known if the DOJ will appeal Mendez' decision.

In a statement to NPR, Immigration and Customs Enforcement said the sanctuary state policy protects "criminal aliens."

"To be clear, ICE neither expects nor wants, local law enforcement agencies to participate in immigration enforcement in the community; but as law enforcement officers, we do expect our partners to participate in protecting public safety," ICE told NPR.

California, with the country's larges undocumented population and immigrant community has consistently challenged many of Trump's immigration decrees with varying success.

Trump has criticized California for not supporting his policies on illegal immigration. He  threatened just this week to send migrants caught crossing the southern border into the U.S. to so-called sanctuary cities -- most of them Democratic strongholds -- if they can no longer be legally detained.

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AAPI Vote 2018: Devin Nunes' hometown newspaper endorses Thai American opponent

Former prosecutor Andrew Janz running against the odds.

FOR THE FIRST TIME in 16 years, The Fresno Bee is endorsing someone other than Republican incumbent Rep. Devin Nunes in the 22nd congressional district race. Instead, the Bee is endorsing first-time candidate Andrew Janz over the incumbent.
"Voters in the 22nd District ... can elect a representative who will both help them with their needs, listen to their concerns and invite them into the process, and chart a bipartisan course that the nation must find if it is to meet the challenges of the future. That leader is Andrew Janz," the paper's editorial board wrote about the former Deputy District Attorney.

"Voters can also choose Nunes and remain stuck with the damaging partisanship he practices, the party-above-country mode that motivates him to protect President Trump from the investigation into Russian meddling more than meet his constitutional obligations as an independent arm of government," the editorial continued. "Then there is his lack of regard for the needs of his part of California."

The Bee invited both candidates to interviews, but only Thai American Janz accepted. Relations between the newspaper and Nunes has been tense this campaign. The Republican has accused the newspaper of pushing a "leftist, liberal socialist." agenda. Last week, Nunes' campaign mailed out a 40-page pamphlet attacking the newspaper.

The newspaper points out that Nunes has not bothered to hold a town hall of public forum in years while Janz has been all over the district outworking Nunes, who prefers action in Washington. He has gained the reputation as one of Trump's most loyal defenders.

"Nunes," the Bee editorial points out, "voted along party lines in approving the House version of the American Health Care Act of 2017. It would have shrunk Medicaid by 15 million enrollees nationwide by 2026. Medicaid is the government program that covers low-income children, adults, seniors and people with disabilities, aiding one in five Americans. In Nunes’ district, 313,000 people were enrolled in Medi-Cal as of January. Of those, 74,000 would have immediately lost coverage, and all would have had their coverage impacted through loss of benefits or access to doctors. (Medi-Cal is California’s version of Medicaid)."

District 22 is in the heart of California's San Joaquin Valley's agricultural center and includes parts of Fresno and Sanger and Visalia.

The important endorsement comes a day after a poll taken in mid-September showed that among likely voters, Nunes led Janz 53 to 45 percentage points. That lead, apparently is large enough to make the Democratic Party spend its money in closer races. Janz is not getting any help from the party. Republicans also have an edge in voter registration.

The political website fivethirtyeight, gives Janz's chances to pull an upset at 1:40.

Janz has been able to raise a sizable campaign chest, over $7 million, on his own, the majority in small donations. Nevertheless, Nunes has more money for the home stretch. Most of his money came from outside the district.

“Look, I am not a career politician,” Janz said in a Sept. 5 interview with The Bee. “I am not a political pundit. All I can do is my best. All can do is go out there and talk to voters.”

Read the entire op-ed at The Fresno Bee.


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Federal judge upholds California's sanctuary laws

ASIAN IMMIGRANT WOMEN ADVOCATES

Some of the largest protests against Donald Trump's immigration policies have taken place in California.

I CAN ALMOST HEAR Attorney General Jeff Sessions cursing in his southern drawl after a federal judge ruled in favor of the bulk of California's sanctuary laws aimed at countering Donald Trump's crackdown against undocumented immigrants.

US District Judge John Mendez rejected today (June 5) the Department of Justice's attempt to overrule a California law that limits immigration-related information state and local law enforcement can share with federal officials and how much those agencies can assist Immigration and Custom Enforcement efforts.

The Sacramento-based judge also declined the DOJ's request to block another law guaranteeing California officials certain information about local and privately run jails that hold immigration detainees.

Mendez also partially upheld the third law, AB 450, which regulates interactions between private employers and federal authorities. He ruled that the state could require employers to notify employees about upcoming workplace inspections, but he sided with the Feds in rejecting the part of the law that barred employers from voluntarily cooperating with immigration officials and from reverifying the legal work status of employees.

"The Constitution gives the people of California, not the Trump Administration, the power to decide how we will provide for our public safety and general welfare. California’s laws work in concert—not conflict—with federal law," said California Attorney General Xavier Becerra in a statement. He called Mendez's opinion "a strong ruling against federal overreach."

The California case was the DOJ's most direct challenge to date against California that has opposed the aggressive ICE actions against undocumented immigrants. The state is home to t he most undocumented immigrants in the country.

Mendez added that making law through the courts is not an effective way to create legislation. He urged Congress to get over their partisanship and develop new immigration laws.  “Our Nation deserves it,” he wrote. “Our Constitution demands it.”

Gov. Jerry Brown stated, “I agree with Judge Mendez that piecemeal judicial decisions won’t solve the nation’s immigration challenges. Only Congress can chart the path forward by rising above mindless, partisan divisions and working together to solve this problem, not exacerbate it.”

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California gets five new AAPI judges

CALIFORNIA'S GOV. JERRY BROWN continues to diversify the state's judiciary with the appointment last Thursday (May 25) of five Asian/Americans to preside as judges in Superior Courts.


“It’s critical that our judiciary reflects our communities," said Assemblymember Rob Bonta, chair of the API Legislative Caucus. "As the fastest growing population in California, Asian Pacific Islanders have not been represented in appropriate numbers on the bench. This is a step in the right direction.”

The new judges are:

Benjamin T. Reyes

• 
  Benjamin T. Reyes' appointment to the Contra Costa County Superior Court makes him the county's first Filipino/American on the bench. He is a principal at Meyers, Nave, Rhack, Silver and Wilson PLC and city attorney for the cities of Union City and Pinole, both in the San Francisco Bay Area. Reyes, 51, earned a Juris Doctor degree from the University of San Francisco School of Law and a Bachelor of Arts degree from the University of California, Berkeley. resident of Alameda is a lactive in the Bay Area legal community. He is a longtime supporter, former Vice-President and current advisory board member of the Filipino Bar Association of Northern California.

Somnath Chattterjee

• Somnath "Raj" Chatterjee was appointed to the Alameda County Superior Court. Chatterjee, 47, of Oakland, has been a partner at Antolin Agarwal and Chatterjee LLP since earlier in 2017. He was a partner at Morrison and Foerster LLP from 2006 to 2017, where he was an associate from 1997 to 1999 and from 2000 to 2005. The Indian/American attorney served as a deputy public defender at the Contra Costa County Public Defender’s Office from 1999 to 2000. He earned a Juris Doctor degree from the University of California, Hastings College of the Law and a Bachelor of Arts degree from the University of California, Santa Barbara. 

Neetu Badham-

• Neetu Badhan-Smith has been appointed to Los Angeles Superior Court. Badhan-Smith has served as a deputy public defender at the Los Angeles County Public Defender’s Office since 2004. The 40-year-old Los Angeles resident was formerly an attorney at the Southern California Housing Rights Center. The Indian/American lawyer earned a Juris Doctor degree from Southwestern Law School and a Bachelor of Arts degree from the University of California, Los Angeles.

Rubiya Nur

• Rubiya Nur, 52, will be joining Badhan-Smith on the bench of the Los Angeles Superior Court. She was born in Bangladesh. She has been a solo practitioner since 2008. Nur formerly served as a deputy public defender at the Los Angeles County Public Defender’s Office from 2001 to 2008. She earned a Juris Doctor degree from Southwestern Law School and a Bachelor of Science degree from California State University, San Bernardino.

Winston S. Keh

• Winston S. Keh will serve in the San Bernardino County Superior Court. Keh, 54, of Stevenson Ranch, has served as a commissioner at the San Bernardino County Superior Court since 2015. The Filipino/American was senior litigation attorney at Tharpe and Howell LLP in 2015, senior counsel at Diederich and Associates from 2012 to 2015 and an associate at R. Rex Parris Law Firm in 2012. Keh is a member of the Los Angeles-based Philippine American Bar Association, earned a Juris Doctor degree from the University of La Verne College of Law and a Bachelor of Science degree from the University of West Los Angeles. 

“While California has thousands of Asian/Pacific Islander attorneys, our state's judges have not reflected our diverse communities," said Assemblymember David Chiu, who served as former president of the Asian American Bar Association of the Greater Bay Area, and spearheaded judicial appointments for the API Legislative Caucus.

RELATED: Judge's son appointed to the bench

According to the annual report released by the Judicial Council released prior to these latest appointments, over two-thirds of the state's judges are white as of Dec. 31, 2016. The report also showed slight increases of judges of color.

• Asian (6.5 percent in 2016 compared to 4.4 percent in 2006);
• Black or African American (6.9 percent in 2016 compared to 4.4 percent in 2006);
• Hispanic or Latino (10 percent in 2016 compared to 6.3 percent in 2006);
• Pacific Islander (0.2 percent in 2016 compared to 0.1 percent in 2006);
• White (68.8 percent in 2016 compared to 70.1 percent in 2006);

The report shows that despite the increases, the courts have a ways to go to be fully representative of California's diversitiy. For example, Asians mamke up 10 to 11 percent of the state's population but only 6.5 percent of the judges.

“In order for Californians to have confidence in the court system, our judiciary should reflect the rich diversity of our state,” said Assemblymember Evan Low, chair of the subcommittee on appointments of the API Legislative Caucus.

“A diverse judiciary ensures a wider range of perspectives and allows for more decision-making power among underrepresented groups,” he said.

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