US Attorney General appoints Asian American as Special Counsel investigating Biden

Special Counsel Robert Kyoung Hur

An Asian American attorney was named special counsel to investigate how classified documents ended up in President Biden's home and at his private office.

Robert Kyoung Hur, was named by Attorney General Merrick B. Garland to look into the possible unauthorized removal and retention of classified documents or other records discovered at the Penn Biden Center for Diplomacy and Global Engagement and the Wilmington, Delaware, private residence of President Joseph R. Biden Jr.

“I will conduct the assigned investigation with fair, impartial, and dispassionate judgment. I intend to follow the facts swiftly and thoroughly, without fear or favor, and will honor the trust placed in me to perform this service,” Hur said in a statement,

His parents are Haesook Hur and Dr. Young Hur of Monroe Township New Jersey, The New York Times reported. Her father is an anesthesiologist, according to a NYTimes article.

According to the biography, Hur, 50,  was born in New York and “received his J.D. from Stanford Law School, where he served as Executive Editor of the Stanford Law Review. He is also a board member of the Asian Pacific American Bar Association of D.C.

At the Justice Department, Hur worked with former Trump deputy Attorney General Rod Rosenstein on Special Counsel Robert Mueller’s investigation into Russian interference in the 2016 election, the former deputy attorney general told CNN.

“Rob has been around long enough – he knows what he is getting into,” said Rosenstein.

Appointed by Donald Trump and unanimously confirmed by the US Senate, he served from 2018 to 2021 as US Attorney in Maryland, setting strategic priorities for and supervising one of the largest and busiest US Attorney’s Offices in the nation, according to his bio.

As a US Attorney, one of the high-profile cases he “led criminal cases against former Mayor Catherine Pugh, a Democrat, and two state delegates,” reported The Baltimore Sun. Pugh was convicted of wire fraud and tax evasion, according to a press release from the  DOJ.

Hur was also appointed by Maryland Gov. Larry Hogan to chair a the Asian American Hate Crime Workgroup in 202, according to CBS News, which added that the group was also charged with addressing “the rise in anti-Asian discrimination and violence.

Shortly after Biden was sworn into office as President, Hur, described as a "conservative" Republican, resigned from the Department of Justice and went into private practice with Gibson, Dunn & Crutcher, and Co-Chair of the Firm’s Crisis Management Practice Group and a “member of the firm’s White Collar Defense and Investigations Practice Group and the National Security Practice Group.”

The White House confirmed that “a small number” of materials with “classified markings” were found and turned over to the federal government, NPR reported.

The DOJ order made public on Thursday lays out the task ahead of Hur.

“The document authorizes him to investigate whether any person or entity violated the law in this matter,” Garland said during his brief press conference, in which he touted Hur’s “long and distinguished” record as a prosecutor.

Biden's attorneys reportedly found the Obama-Biden administration records during a search completed Wednesday night of Biden’s residences in both Wilmington and Rehoboth Beach, Del. All but one of the classified documents were found in a storage space in Biden’s Wilmington garage, with one other record found in an adjacent room, read a statement from Special Counsel to the President Richard Sauber.

Republicans were quick to to compare Biden's case with the way Trump hoarded nearly 100 classified documents at Mar-a-Lago for more than a year—even when the National Archives notified his office that the records were wrongly stored there illegally. It wasn’t until FBI agents raided the mansion in August 2022 that the Trump-held documents were recovered.

“People know that I take classified documents and classified material seriously," said Biden. "I also said we’re cooperating fully with the Justice Department’s review.”

In contrast to Trump's attempts to stop the probe of his documents, Biden’s personal lawyers say they “immediately” notified the federal government about their discoveries at both the think tank and Biden’s home garage. 

“As we stated previously, we are fully cooperating with the National Archives and the Department of Justice in a process to ensure that any Obama-Biden Administration records are appropriately in possession of the Archives,” Sauber said in the statement.

Correction: Jan. 13, 10:30 a.m. to correct age of Robert Hur.

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

Garland issues Memorandum to improve access to services for people with limited proficiency in English

Attorney General Merrick Garland

A press release from the Department of Justice, opened with this message in Tagalog:

Naglathala ngayon ang Departamento ng Hustisya ng isang panandaan na humihiling sa mga ahensiyang pederal na suriin ang kanilang mga gawi at mga patakaran ukol sa daan sa wika upang patibayin ang pakikipag-ugnayan ng pamahalaang pederal sa mga indibidwal na may limitadong kasanayan sa Ingles (LEP).

For those who don't speak Tagalog, one of the Philippines dialects, here is the English translation:

The Justice Department issued a memorandum today requesting that federal agencies review their language access practices and policies to strengthen the federal government’s engagement with individuals with limited English proficiency (LEP).

“All people in this country, regardless of the language they speak, deserve meaningful access to programs and activities that are conducted or supported by federal agencies,” said Attorney General Merrick B. Garland. “The Justice Department is committed to working with our federal partners to address linguistic barriers in governmental services that deny individuals a full opportunity to participate in economic, social, and civic life.”

This memorandum outlines a course of action for federal agencies to improve, modernize, and carry out their language access responsibilities under Executive Order 13166, “Improving Access to Services for Persons with Limited English Proficiency.” 

As set forth in the memorandum, the Civil Rights Division, with assistance from the Office for Access to Justice, will spearhead a collaborative effort to determine: 

• whether agencies can further update their language access policies and plans; 

• whether agencies are effectively reaching LEP individuals when disseminating information about federal resources, programs, and services; 

• whether agencies have considered updates or modifications to guidance to federal financial assistance recipients regarding their obligations to provide meaningful language access under the requirements of Title VI of the Civil Rights Act of 1964 and its implementing regulations; and 

• whether agencies can adapt their digital communications to welcome LEP individuals.

This memorandum builds on existing efforts by the Department of Justice to engage with LEP individuals, including a new focus on expanding language access assistance in the Department’s 2022-2026 Strategic Plan. 

In May 2022, Attorney General Garland appointed Ana Paula Noguez Mercado as the Department’s Language Access Coordinator within the Office for Access to Justice to help ensure that the Department is leading by example. 

The Office for Access to Justice has since expanded its language access team and is leading the Department’s Language Access Working Group to provide technical assistance and training across components as they continue to improve language access for all. 

The Civil Rights Division continues to maintain www.LEP.gov, which provides resources and information to help expand and improve language assistance services for LEP individuals, in compliance with federal law.

Appropriately, the translation of this press release is also available in:

Arabic

Chinese – Simplified

Chinese – Traditional

Korean

Spanish

Tagalog

Vietnamese

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

DOJ announces grants, programs and policies to fight hate

SCREEN CAPTURE / C-SPAN

A year ago, President Biden signed the Hate Crimes Act witnessed by members of Congress and Vice President Kamala Harris.

As attacks against Asian Americans, Native Hawaiians and Pacific Islanders continue to rise and white supremacists grow bolder to impose their racist views on the rest of America, the US Department  of Justice announced Friday a series of actions to deter and confront hate crimes and other bias-related incidents.

“Throughout our history, and to this day, hate crimes have a singular impact because of the terror and fear they inflict on entire communities,” said Attorney General Merrick B. Garland at an event at the DOJ commemorating the one-year anniversary of the Attorney General’s memorandum on improving the Department’s efforts to combat hate crimes and hate incidents and the enactment of the COVID-19 Hate Crimes and Khalid Jabara-Heather Heyer NO HATE Acts. 

“No one in this country should have to fear the threat of hate fueled violence," Garland said. "The Justice Department will continue to use every resource at its disposal to confront unlawful acts of hate, and to hold accountable those who perpetrate them.”

The Hate Crimes Act anniversary and the DOJ's announcement comes days after President Biden and Vice President Harris met with scores of AANHPI leaders at the White House to celebrate AANHPI Heritage Month and the hate-inspired mass shootings in Buffalo, Dallas and Southern California.

The anniversary of the Hate Crimes Act and the DOJ announcement was welcomed by the AANHPI members of Congress.

"We know that a lot of work remains. Anti-Asian hate is still on the rise, and we just witnessed a horrific domestic terrorist attack against the Black community in Buffalo last week," said Hawaii's Senator Mazie Hirono. "We must reaffirm our commitment to combatting the discrimination, prejudice, and racism that communities of color, the LGBTQ+ community, women and more, continue to face. Our work is not finished until everyone in this country is safe, welcomed, and respected.”

The Justice Department's actions include: 

• Issuing new guidance with the Department of Health and Human Services (HHS) aimed at raising awareness of hate crimes during the COVID-19 pandemic;
• Releasing grant solicitations for programs to create state-run hate crime reporting hotlines and to support community-based approaches to prevent and address hate crimes; and
• Hiring the Department’s inaugural Language Access Coordinator.

Attorney General Merrick B. Garland, Deputy Attorney Lisa O. Monaco, Health and Human Services Deputy Secretary Andrea Palm, and Associate Attorney General Vanita Gupta were joined by family members of Khalid Jabara and Heather Heyer, members of Congress; Black, Asian American, Native Hawaiian, and Pacific Islander community-based organizations; civil rights organizations; and law enforcement leaders.

“We have seen a spike in hate crimes against many communities during the COVID-19 pandemic. In many cases, individuals are still scared to leave their homes – not only because of worry that they may contract the virus, but out of fear for their physical safety. This is unacceptable,” said Health and Human Services Secretary Xavier Becerra, who serves as Co-Chair of the White House Initiative and President’s Advisory Commission on Asian Americans, Native Hawaiians, and Pacific Islanders.

As set forth in the COVID-19 Hate Crimes Act, the Justice Department and HHS announced the joint issuance of guidance aimed at raising awareness of hate crimes during the COVID–19 pandemic. A recent study found that a third of Americans are not even aware that there is a wave of anti-Asian incidents, these past two years ince the pandemic began.

This guidance provides an overview of the rise of hate crimes and hate incidents during the pandemic, including a surge of hate crimes and hate incidents against Asian American, Native Hawaiian, and Pacific Islander communities, and several steps that law enforcement, government officials, and others can take to raise awareness of increased hate crimes and incidents, and to use increased awareness as a tool for the prevention of and response to hate crimes.

The Justice Department also announced the release of $10 million in grant solicitations in newly created grant programs to address hate crimes and hate incidents. 

This includes solicitations for grants authorized under the Jabara-Heyer NO HATE Act programs. Through these programs, the Office of Justice Programs (OJP) will provide up to $5 million in grant funds for the Bureau of Justice Statistics to support the transition of state and local law enforcement agencies to the National Incident-Based Reporting System (NIBRS) and reporting of hate crimes through NIBRS, and for the Office of Victims of Crime (OVC) to fund states to establish and run state-run reporting hotlines for victims of hate crimes. 

OJP’s Bureau of Justice Assistance (BJA) also released $5 million in grant solicitations under the Community-Based Approaches to Prevent and Address Hate Crimes Program, which supports community-based organizations and civil rights groups with implementing comprehensive approaches to promote community awareness and preparedness, increase victim reporting, strengthen community resiliency, and improve responses to hate crimes. 

The Justice Department announced that Ana Paula Noguez Mercado will join the Office for Access to Justice, where she will serve as the Department’s first-ever Language Access Coordinator. Language access is a key barrier to the reporting of hate crimes, and the Language Access Coordinator will help improve knowledge, use, and expansion of the Department of Justice’s language resources.

Finally, the Justice Department announced that Saeed Mody will serve as the Department’s new Anti-Hate Crimes Resources Coordinator, after the first ever Coordinator was recently named Director of the newly restored Office of Access to Justice. 

Over the last year, the Justice Department has taken a number of other actions in response to a rise in hate crimes and hate incidents. Some of these actions include:

• Designating a Deputy Associate Attorney General as the Justice Department’s first-ever Anti-Hate Crimes Resources Coordinator;
• Designating the chief of the Criminal Section of the Civil Rights Division to serve in role of facilitating the expedited review of hate crimes;
• Going above and beyond the directive under the COVID-19 Hate Crimes Act to expedite the review of certain hate crimes by including additional types of hate crimes;
• Designating at least one Assistant U.S. Attorney as a Civil Rights Coordinator in every U.S. Attorneys’ Office (USAO);
• Vigorously investigating and prosecuting hate crimes - since January 2021, the department has charged more than 40 defendants in over 30 cases and obtained more than 35 convictions of defendants charged with bias-motivated crimes;
• Elevating civil rights violations and hate crimes enforcement for prioritization among the FBI’s 56 field offices;
• Facilitating FBI-hosted regional conferences across the country with state and local law enforcement agencies regarding federal civil rights and hate crimes laws; to encourage reporting; strengthen relationships between law enforcement and local civil rights organizations; and build trust within the diverse communities they serve;
• Launching an FBI-led National Anti-Hate Crimes Campaign involving all 56 FBI field offices to encourage reporting. The campaign includes outdoor advertising, billboards, and radio streaming in addition to social media;
• Ensuring that all states have now become certified for participation in the FBI Uniform Crime Reporting National Incident Based Reporting System;
• Revitalizing the Community Relations Service (CRS) by, among other things, seating newly-confirmed director, Paul Monteiro;
• Adding information to the Department of Justice’s website on reporting hate crimes in 24 languages, including 18 of the most frequently spoken AAPI languages in the United States;
• Creating an online toolkit that provides USAO Civil Rights Coordinators with customizable community outreach materials and ready access to other resources and training;
• Piloting a new outreach training called United Against Hate help improve the reporting of hate crimes by teaching community members how to identify, report, and help prevent hate crimes and to provide an opportunity for trust building between law enforcement and communities;
• Developing additional resources to help empower local officials, community leaders, and residents to address and devise community responses to hate crimes and incidents, including a toolkit to address hate crimes and incidents against Asian American, Native Hawaiian and Pacific Islander communities, which has been translated into Arabic, Chinese (both Simplified and Traditional), Farsi, Hindi, Korean, Urdu, Tagalog, and Vietnamese;
• Releasing close to $21 million in grant funding through these programs to state and local partners to investigate and prosecute hate crimes and assist hate crime victims, including through the Matthew Shepard and James Byrd, Jr. Hate Crimes Program to support state, local, and tribal law enforcement and prosecution agencies in their efforts to investigate and prosecute hate crimes and in their outreach to and education of the public, victims, and others on hate crimes; and
• With the Department of Education, issuing facts sheets addressing harassment and discrimination in school, including harassment based on COVID-19 related issues, harassment of LGBTQI+ students, and discrimination based on national origin and immigration status.

"Of course, these resources are not useful if they cannot be accessed by the communities they are intended to help. That is why the department has focused on translating the resources that are most relevant to communities impacted by hate," said Associate Attorney General Gupta. "For example, translating the Civil Rights Division’s online reporting portal into at least 24 languages, including eighteen of the most frequently spoken AAPI languages in the United States. 

"But translation alone is not enough," she continued. "We have also sought to increase cultural competency both within the department and among our state, local, territorial and Tribal partners through trainings and other resources. How we engage with communities impacted by hate crimes can be crucial to establishing a lasting relationship of trust."

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

Asian American Congress members want to speed up implementation of anti-hate law

Senator Mazie Hirono, left, and Rep. Grace Meng.

It has been four months since the COVID-19 Hate Crimes Act was signed by President Biden and two Asian American lawmakers who sponsored the act are still waiting to see some results. 

As attacks against AAPI continues to mount, Congressmember Grace Meng, D-NY, and Senator Mazie K. Hirono, D-Hawaii, wrote  a letter to Attorney General Merrick Garland to ask for progress on reducing hate crimes and incidents, and the implementation of the COVID-19 Hate Crimes Act, legislation.

The letter was sent Monday (Sept. 19), four months after the COVID-19 Hate Crimes Act was signed into law. It details key elements of the law that must be implemented to make progress combating hate, and highlights the need to provide guidance to state, local, and tribal law enforcement agencies on reporting hate crimes as well as incidents. 

The letter — which highlights the increased violence toward older Asians and the Atlanta-area spa shootings that killed eight people, six of whom were women of Asian descent — follows a recent FBI report that showed that the number of hate crimes last year was the highest in more than a decade.

The FBI report acknowledges that the number of hate crimes is most likely an undercount. As Meng's and Hirono's letter points out, most local law enforcement agencies report no hate crimes, including 64 jurisdictions with populations over 100,000. 

 

“In addition to expediting review of hate crimes, the law requires DOJ to issue guidance to state, local, and tribal law enforcement agencies,"  Meng and  Hirono wrote in their letter.

  

"Specifically, section 4(a)(1) calls for guidance on how to establish online reporting for hate crimes, as well as incidents. The inclusion of incidents was intentional and is a critical component for any reporting system. Many acts of discrimination do not rise to the level of a hate crime…. In order to meaningfully address the root causes of this bias and hostility, we need a clear and full picture of the scope of the problem. Data on hate crimes alone is insufficient,” 

The letter referred to a recent analysis from the reporting forum Stop AAPI Hate that revealed over 9,000 anti-Asian bias incidents the coronavirus pandemic swept across the nation. The incidents range from verbal harassment, bullying to physical attacks, some of which result in death of the victims.

The lawmakers explained that although not all acts of discrimination would meet the criteria to be labeled a hate crime, "the impetus for these actions are the same—fear and xenophobia."

"In order to meaningfully address the root causes of this bias and hostility, we need a clear and full picture of the scope of the problem," the letter went on. "Data on hate crimes alone is insufficient."

The letter continues, “As the pandemic wears on and COVID-19 variants cause states, localities, or private entities to reinstate restrictions or public safety mandates, frustration with the virus will undoubtedly resurface. We fear the impact this could have on perpetuating hate-based violence against people. Full implementation of the COVID-19 Hate Crimes Act will help stem the tide against further violence.”

 

FBI Report: 2020 saw the highest number of hate crimes in 12 years.

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The surge of anti-Asian hate has spurred protests across the country.

While most of the U.S. remembers 2020 as the year of COVID-19,  the FBI's Hate Crime Statistics for 2020 confirms that for AAPI, it will be remembered as the year of hate. 

The number of reported hate crimes nationwide against Asian and Black people sharply increasedby 6.1% in 2020 as compared to the previous year, according to new FBI data released Monday.

Hate crimes targeting people of Asian descent rose by a whopping 70% last year compared with the number of such incidents in 2019, the FBI said. The increase marks the highest number of reported hate crimes since 2008.

“Last year saw a 6.1% increase in hate crime reports, and in particular, hate crimes motivated by race, ethnicity and ancestry, and by gender identity," said Attorney General Merrick Garland. "These numbers confirm what we have already seen and heard from communities, advocates and law enforcement agencies around the country. And these numbers do not account for the many hate crimes that go unreported.

“These statistics show a rise in hate crimes committed against Black and African-Americans, already the group most often victimized. Notably, they show a rise in hate crimes committed against members of the Asian American Pacific Islander community," said Garland.

The increase of hate crimes against AAPI communities coincided with the outbreak in the United States of the Covid-19 pandemic, which some racists have unjustly blamed on Asian Americans because of the coronavirus’ origin in China. Rhetoric attacking the Chinese government Donald Trump and his allies contributed to the anti-Asian American sentiment.

The 2020 data, submitted by 15,150 law enforcement agencies, provide information about the offenses, victims, offenders, and locations of hate crimes. Law enforcement agencies submitted incident reports involving 7,764 criminal incidents and 10,539 related offenses as being motivated by bias toward race, ethnicity, ancestry, religion, sexual orientation, disability, gender, and gender identity. 

It should be noted that the UCR Program does not estimate offenses for the jurisdictions that do not submit reports. There are more than 18,000 agencies in the United States and more than 3,000 did not submit their crime statistics in 2020 guaranteeing that the number of hate crimes is actually much higher. 

In addition, law enforcement agencies do not apply the same definition of what constitutes a hate crime. The data also does not count incidents of hate that do not meet the standards of a crime that can be brought before a court.

A distrust of law enforcement also contributes to the underreporting of hate crimes.

"A lot of our community members don't know they can report, or they are afraid to report to law enforcement," said Quyen Dinh, executive director of Southeast Asia Resource Action Center, in a CNN interview. "They would rather share with the community groups they feel comfortable with."

Other highlights of Hate Crime Statistics, 2020, follow. (Due to rounding, percentage breakdowns may not add to 100.0 percent.) 

• There were 7,559 single-bias incidents involving 10,535 victims. A percent distribution of victims by bias type shows that 61.9% of victims were targeted because of the offenders’ race/ethnicity/ancestry bias, 20.5% were victimized because of the offenders’ sexual-orientation bias, 13.4% were targeted because of the offenders’ religious bias, 2.5% were targeted because of the offenders’ gender identity bias, 1.0% were victimized because of the offenders’ disability bias, and 0.7% were victimized because of the offenders’ gender bias.

• There were 205 multiple-bias hate crime incidents that involved 333 victims. Offenses by Crime Category

• Of the 7,430 hate crime offenses classified as crimes against persons in 2020, 53.4 percent were for intimidation, 27.6% were for simple assault, and 18.1% were for aggravated assault. Twenty-two murders and 19 rapes were reported as hate crimes. The remaining 27 hate crime offenses were reported in the category of other.

• Of the 2,916 hate crime offenses classified as crimes against property, most (76.4%) were acts of destruction/damage/vandalism. Robbery, burglary, larceny-theft, motor vehicle theft, arson, and other offenses accounted for the remaining 23.6% of crimes against property. 

• 193 additional offenses were classified as crimes against society. This crime category represents society’s prohibition against engaging in certain types of activity such as gambling, prostitution, and drug violations. These are typically victimless crimes in which property is not the object.

The FBI report and reports from AAPI communities have caught the attention of President Biden. In the first week of his administration, he issued an executive order condemning the surge in attacks against people of Asian descen and ordering all federal agencies to find ways to reduce the incidents. In May, he signed the bipartisan COVID-19 Hate Crimes Act, expediting Justice Department reviews of anti-Asian hate crimes and making available federal grants.

“These hate crimes and other bias-related incidents instill fear across entire communities and undermine the principles upon which our democracy stands," said Garland. "All people in this country should be able to live without fear of being attacked or harassed because of where they are from, what they look like, whom they love or how they worship."

EDITOR'S NOTE: For more commentary and references, follow me on Twitter @dioknoed.

DOJ translates hate crime info into 8 Asian languages

SHUTTERSTOCK

For the past year, there has been an alarming rise in violence, harassment, and discrimination directed at the Asian American and Pacific Islander (AAPI) community. 

"The recent rise in hate crime and hate incidents, particularly the disturbing trend in reports of violence against members of the Asian American and Pacific Islander community since the start of the pandemic, requires renewed energy...," Attorney General Merrick Garland said in a memo to all Justice Department staffers.

Marking the 40th Anniversary of National Crime Victims’ Rights Week (NCVRW), the Justice Department’s Hate Crimes Enforcement and Prevention Initiative announced on Friday, April 23, that it has translated hate crimes resources in eight languages for the department’s hate crimes website, www.justice.gov/hatecrimes.

The website, which has been visited by over one million users since launching in 2018, now features new pages in Simplified Chinese, Traditional Chinese, Vietnamese, Korean, Tagalog, Arabic, and Japanese. 

These pages include basic information about hate crimes, in-language resources, and instructions on reporting hate crimes to the FBI Tip Line with assistance from qualified interpreters. Experience has proven that communicating in-language with people who are limited English proficient (LEP) is a crucial step to combating hate crimes nationally.

The new in-language pages can help victims and witnesses who are limited English proficient recognize and report hate crimes. The website also has a new English language page with links to resources and news addressing hate targeting AAPI communities. 

The page includes a link to the FBI’s Hate Crime Threat Guide. The Threat Guide, a single-page chart describing types of hate crime threats (physical, verbal, phoned, electronic, written, or visual), lists recommended responses, including steps to preserve evidence. The Guide is now available in Simplified and Traditional Chinese.

“Supporting victims of hate crimes is an essential part of the department’s mission, and an important measure of our success,” said Principal Deputy Assistant Attorney General Pamela Karlan of the Justice Department’s Civil Rights Division. “People with limited English proficiency, and the advocates and community leaders who work with them, face additional barriers to seeking justice. 

"We hope that these new in-language resources help the department and our partners more effectively support victims of hate crimes, build trust, and engage communities. We will continue to expand the number of languages on www.justice.gov/hatecrimes.”

The announcements are just one part of the department’s work to combat discrimination and violence through capacity building, training, support and outreach to our partners, including those that work with AAPI communities or members of the public who have limited English proficiency.

On Jan. 26, President Biden issued the “Presidential Memorandum Condemning and Combating Racism, Xenophobia, and Intolerance Against Asian-Americans and Pacific Islanders in the United States,” which mandates that the Attorney General shall:

• explore opportunities to support, consistent with applicable law, the efforts of state and local agencies, as well as AAPI communities and community-based organizations, to prevent discrimination, bullying, harassment, and hate crimes against AAPI individuals, and
• expand collection of data and public reporting regarding hate incidents against such individuals.

For more information on the Justice Department’s work to combat and prevent hate crimes, visit www.justice.gov/hatecrimes, a one-stop portal with links to hate crimes resources for law enforcement, media, researchers, victims, advocacy groups, and other organizations and individuals.

Garland said the DOJ review would examine the federal government's capacity to track and identify hate incidents; weigh the use of civil enforcement authority to respond to incidents of bias that do not rise to actual hate crimes; and assess whether additional money is needed to support law enforcement's response.

"We must re-commit ourselves to this urgent task and ensure that the department makes the best and most effective use of its resources to combat hate," Garland  wrote.

How can Biden's Cabinet 'look like America' without any AAPI Secretaries?

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Merrick Garland, center, is Joe Biden's choice for Attorney General.

OPINION

Any chance of having an Asian American or Pacific Islander on Joe Biden's Cabinet ended Thursday when the President-elect filled the remaining Cabinet slots.

I remember the ambivalent feeling of being the last person picked in gym class when dividing up into teams. That feeling is what I'm feeling today upon learning that President-elect Joe Biden will not have an AAPI in his Cabinet at the Secretary level. 

This time it's even worse because for the first time in two decades, not a single Asian American or Pacific Islander was picked to be in the inner circle of advisors at the highest level.

On Thursday (Jan. 7) President-elect Joe Biden announced the final nominations for his Cabinet, confirming that for the first time in over two decades there will not be an AAPI Cabinet Secretary serving in a presidential administration disappointing AAPI leaders and members of Congress who had been lobbying the incoming administration for weeks.

"For too long, AAPIs have been left out of significant policy conversations and decisions. And now, even as our communities suffer disproportionately from the Coronavirus pandemic, it is incredibly disheartening to not have an equal seat at the most important policy making table in the country," said Congressional Asian Pacific American Caucus Chair Rep. Judy Chu, D-CA. 

Since Nov. 3 election won by Biden the AAPI communities and their allies have been urging the President-elect to include an AAPI in his Cabinet at the Secretary level.

Biden has continually stated during the campaign that his Cabinet would be the most diverse and look like America. The lack o an AAPI at the Secretary level is a disappointment for members of the AAPI communities, the fastest growing electorate in the U.S. who hoped that their critical role in the November election and Georgia's Senate runoff who help their cause.

"Without #AsianAmericans, Democrats and @JoeBiden don’t win Georgia ... not having at least one Asian American in the Biden Cabinet is disappointing to say the least," tweeted Kurt Bardella, an MSNBC contributor and senior adviser to the anti-Trump Republican-founded Lincoln Project.

Biden has nominated some AAPI who Biden's transition team consider cabinet level but not as a head of one of the giant federal agencies. Earlier nominated Neera Tandan is his pick to head the Office of Management and Budget and Katherine Tai as the U.S. Trade Representative.

The AAPI community hopes to be represented on Biden's Cabinet were dashed Thursday when Biden announced his latest nominations to fill out his Cabinet. Biden named Boston Mayor Marty Walsh as his Labor Secretary and Rhode Island Gov. Gina Raimondo as Commerce Secretary.

On Tuesday, he announced Merrick Garland to be his Attorney General. In the same announcement, he named Vanita Gupta, a long-time civil rights attorney, as an Associate Attorney General, the No. 3 postion in the Department of Justice.

Biden's transition team also point to Vice Presient-elect Kamala Harris as one of the President-elect's close advisors hoping to mollify the AAPI community.

"President-elect Biden is working to build an administration that looks like America, starting with the first woman of South Asian descent and first Black woman to be Vice President-elect, as well as a historic slate of diverse nominees and appointees, to date. He will continue to deliver upon this vision over the coming weeks as he shapes the most diverse Cabinet in history," spokesman Jamal Brown said.

"The brazen exclusion of AAPIs in this incoming administration abandons and erases the AAPI community," said Madalene Xuan-Trang Mielke , President of Asian Pacific American Institute for Congressional Studies.

Being the last picked for a team was embarassing but the hurt was tempered a bit because at least I was able to play. The situation is worse for the AAPI because we didn't even make the team. 

CAPAC chair Chu praised the diversity of the Biden's Cabinet but couldn't hide their disappointment. "During the campaign, Biden said he would have the most diverse cabinet ever," Chu told the Washington Post last month. "The truth is, at this point, that it's the most diverse administration ever, except for AAPIs [...]."

EDITOR'S NOTE; A word of caution. This is an opinion piece. Readers should consult several sources of news to form their own opinion.