11/11/2019: Battle over DACA arrives at the Supreme Court
Also this week: AANAPISI funding; election roundup; Washington rejects affirmative action; CAPAC seeks Facebook briefing
By SUNJAY LEE, KYRA DU, CHEYENNE CHENG, ANDREW PENG, and ANDREW HUANG
Editor’s Note: This is a preview of the November 11, 2019 edition of The Yappie, a newsletter about Asian American power, politics, and influence. Subscribers hold exclusive early access to the newsletter every Monday morning, with additional coverage and resources. Subscribe for free here.
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The Big Story
IMMIGRATION — BATTLE OVER DACA ARRIVES AT THE SUPREME COURT: The legal status of hundreds of thousands of undocumented immigrants who came to the U.S. as children is at stake as the nation’s highest court examines the Trump administration’s decision to end a popular Obama-era program on Tuesday. Here are the details…
- What happened: Instituted via executive action in 2012, the Deferred Action for Childhood Arrivals (DACA) program has shielded nearly 700,000 young undocumented “Dreamer” immigrants from deportation. President Trump moved to terminate the program in 2017, declaring it unconstitutional, but a series of federal appeals courts blocked the attempt. Now, the Supreme Court will hear oral arguments in a trio of cases centered on two issues: whether courts have the power to review the administration’s decision, as well as whether the government provided sufficient reasoning in revoking DACA.
- Why this matters: A ruling, expected in the months leading up to the 2020 election, could determine the fate of more than 16,000 AAPI “Dreamers,” including many from South Korea, the Philippines, India, Pakistan, and China. Immigrant advocates contend that DACA has acted as a critical support structure, providing AAPI families with the resources, work permits, and guidance needed to succeed in the U.S.
- AAPI activists have attempted to highlight DACA’s importance in recent months. Four DACA recipients with the National Korean American Service and Education Consortium (NAKASEC) interrupted the Democratic presidential debate in Houston in September, citing their disappointment with the lack of conversation about the program. Meanwhile, DACA recipients, temporary protected status (TPS) holders, and allies have spent much of November marching 230 miles from New York City to Washington D.C. as part of the #HomeIsHere campaign.
On the Agenda
AAPI NATION — 2019 ELECTION RECAP: Last week’s general and municipal elections in 19 states ushered in a new wave of AAPI lawmakers, according to the nonpartisan groups APIAVote and AIPAICS. Here are a few highlights and results…
BREAKING — AFFIRMATIVE ACTION MEASURE APPEARS TO FAIL IN WASHINGTON STATE: Washingtonians have narrowly rejected Referendum 88, which would have ended a two-decade ban on the use of affirmative action as a factor in public employment, contracting, and public education. The measure had faced significant opposition from Chinese immigrant activists while Gary Locke, the only Chinese American to serve as a state governor, campaigned to overturn the ban. Read more.
VIRGINIA AAPIS HAND DEMS CONTROL OF STATE GOVERNMENT: A wave of support from newly-engaged Korean and Indian voters helped to deliver the Virginia statehouse to the Democratic Party for the first time in a generation. The critical political realignment in the state coincided with another historic win, as Ghazala Hashmi became the first Muslim woman elected to the Virginia state Senate. Read more.
WU REELECTED TO BOSTON CITY COUNCIL: Incumbent Michelle Wu coasted to victory as Boston voters elected a city council dominated by progressive women and people of color — fueling further speculation about a possible 2021 mayoral run. Read more.
SEATTLE’S SAWANT PREVAILS IN BLOW TO AMAZON: Incumbent Seattle City Council member Kshama Sawant declared victory in a tight race that pitted her against Amazon, Seattle’s largest private employer. Read more.
PHILADELPHIA’S OH SCRATCHES OUT SURPRISE VICTORY: Philadelphia’s only Republican at-large councilman, incumbent David Oh, narrowly won re-election after defying his party and building a coalition of AAPIs and small business owners. Read more.
NEW MEXICO’S MIYAGISHIMA CLINCHES FOURTH TERM: Ken Miyagishima won a fourth term as mayor of Las Cruces, New Mexico, extending his distinction as one of the longest-serving Asian Americans in history to lead a U.S. city. Read more.
VOTERS PUT HMONG WOMAN ON ST. PAUL CITY COUNCIL: 24-year-old community organizer Nelsie Yang became the first Hmong woman elected to the St. Paul City Council, winning a seat that had not been open for more than two decades. Read more.
PYAKUREL MAKES HISTORY IN OHIO COUNCIL RACE: A former refugee, Bhuwan Pyakurel, became the country’s first Nepali-Bhutanese elected official after securing a spot on the Reynoldsburg City Council. Read more.
MASSACHUSETTS CITY ELECTS TWO CAMBODIANS: Lowell, Massachusetts elected two Cambodian Americans to its city council — marking the first time two Cambodians have served simultaneously. Read more.
OTHER NOTABLE RACES: San Francisco’s Paul Miyamoto became the first Asian American sheriff in California; 50-year-old Tae Chong became the first Asian American to serve on the Portland City Council; Democratic councilman Arvin Amatorio became the second Filipino American mayor of Bergenfield, New Jersey; Camden County Freeholder Susan Shin Angulo was elected the first Korean American mayor of Cherry Hill, New Jersey; San Francisco school board incumbent and mayoral appointee Jenny Lam held on to her seat.
2020 Watch
BIDEN CAMPAIGN LAUNCHES AAPI ENGAGEMENT ARM: Former vice president Joe Biden’s campaign has formally unveiled its ‘AAPIs for Biden’ coalition at a Las Vegas event featuring Olympic figure skater and adviser Michelle Kwan, National AAPI Director Amit Jani tells The Yappie. The coalition will recruit and train members of the AAPI community to canvass, fundraise, and volunteer as Democratic presidential hopefuls prepare to woo voters in February’s Nevada caucus.
- Why it matters: Kwan says that “the AAPI vote will be decisive in choosing whom Democrats nominate to take on Donald Trump… today is a testament to Joe’s deep support among AAPIs–and it’s just one example of the many ways in which our campaign is working to build a broad, diverse coalition that reaches every corner of this country.” Biden currently among AAPI voters in California, according to an August survey by the AAPI Victory Fund
YANG RELEASES FIRST TV AD WITH $1M BUY: Tech entrepreneur Andrew Yang’s campaign has launched a “significant” seven-figure paid television ad in Iowa, senior advisor Mark Longabaugh tells The Yappie. The 60-second spot, titled “A New Way Forward,” was shot and produced by media consulting firm Devine, Mulvey and Longabaugh and comes as Yang is working to build out the infrastructure of his campaign in early primary states. Read more.
AALDEF EXIT POLL — AAPI VOTERS FAVOR BIDEN, WARREN: Asian American voters favor former vice president Joe Biden and Sen. Elizabeth Warren (D-Massachusetts) as their top two Democratic choices for president, according to a nonpartisan exit poll of 500 voters in Virginia, Texas, and Pennsylvania conducted by the Asian-American Legal Defense and Education Fund. Read more.
SANDERS VOWS TO OVERTURN TRUMP’S PUBLIC CHARGE RULE: Sen. Bernie Sanders (I-Vermont) vowed to undo President Trump’s key executive actions on immigration as part of a detailed immigration plan released last week, taking aim at the controversial public charge rule that restricts immigration from those deemed to have to rely on federal benefits. Read more.
PROFILE — AAPIS LEAD HARRIS’ NEVADA OPERATIONS: Sen. Kamala Harris (D-California) has tapped AAPIs, including Christiana Ho and Natalie Tham, to lead her campaign in Nevada and has one of the most diverse campaigns in the race, Asian Journal reports. Read more.
The Trump Era
AAPI GROUPS SEEK INJUNCTION AS USCIS PROPOSES NEW FEES FOR CITIZEN APPLICANTS, ASYLUM SEEKERS: A new Trump administration proposal scheduled to be posted to the Federal Register this week would dramatically raise the cost of applying for U.S. citizenship and create unprecedented fees for some asylum seekers and participants in the Deferred Action for Childhood Arrivals program.
- The details: According to the Wall Street Journal, DACA recipients would need to pay $275 to renew their two-year legal permits, while some asylum seekers applying for protection with USCIS would for the first time be asked to pay $50 to apply for asylum. Meanwhile, immigrants applying to become citizens would pay $1,170 to apply, rather than $640.
- Why it matters: The U.S. is also proposing to eliminate fee waivers, making it even harder for applicants with incomes under the federal poverty line to pay for the higher citizenship fees and costs. USCIS cited increased costs and declining revenue for the proposal, which is open to public comment on November 14th.
- The legal response: Asian Americans Advancing Justice | AAJC, the Immigrant Legal Resource Center, and a slew of community organizations have asked a federal court to issue a nationwide preliminary injunction barring the proposed changes to the naturalization fee waiver process until a separate lawsuit over the installation of Ken Cuccinnelli as acting head of USCIS is resolved.
HEALTH CARE-LINKED IMMIGRATION ACTIONS FACE LEGAL HURDLES: A recent Trump administration order that would have required prospective immigrants to prove they would have health insurance within 30 days of their arrival or enough money to pay for “reasonably foreseeable medical costs” has been temporarily blocked by a federal judge in Oregon, weeks after a trio of judges limited the implementation of the president’s controversial “public charge” rule. Read more.
FEDERAL CRACKDOWN ON BIOMEDICAL RESEARCH THEFT INTENSIFIES: Nearly 200 investigations into potential intellectual property theft are now underway at more than 70 major academic centers, almost all of which involve scientists of Chinese descent, the New York Times reports. The National Institutes of Health has referred 24 cases to the Department of Health and Human Services’ inspector general. Read more.
On the Hill
UPDATE — SENATE DEMS RENEW PUSH ON STALLED AANAPISI FUNDING: 36 senators have sent a letter to Senate Majority Leader Mitch McConnell (R-Kentucky) and Minority Leader Chuck Schumer (D-New York) in support of the bipartisan FUTURE Act, which would reauthorize more than $255 million in critical funding for the nation’s minority-serving educational institutions. Read more.
- As we reported last month, Congress has traditionally allocated millions of dollars to Asian American and Native American Pacific Islander-Serving Institutions (AANAPISI) under the Higher Education Act. The federal funding has been used to strengthen programming for low-income or first-generation AAPI students.
- While a two-year funding extension was approved by the House through the FUTURE Act in September, the bill has been repeatedly blocked from moving forward in the Senate by Sen. Lamar Alexander (R-Tennessee). The U.S. Department of Education says that money for AANAPISIs will carry over through the next fiscal year, but AAPI activists fear that Congress has created a cloud of uncertainty over the agency’s 14 AANAPISI grants, which total around $4.5 million.
CAPAC SEEKS FACEBOOK BRIEFING ON CENSUS DISINFORMATION: The Congressional Asian Pacific American Caucus, led by Reps. Judy Chu (D-California) and Grace Meng (D-New York), has sent a letter to Facebook Chief Operating Officer Sheryl Sandberg requesting a briefing on the company’s efforts to combat disinformation and protect AAPI users ahead of the 2020 Census. Read more.
HOUSE LAUNCHES ETHICS PROBE INTO GUAM DELEGATE: The House Ethics Committee is investigating allegations that Del. Michael San Nicolas (D-Guam) had a sexual relationship with a congressional staff member, a violation of House rules, and broke campaign finance laws. Read more.
ICYMI — MENG PUSHES FOR FULL VOTE ON REUNIFICATION BILL: Rep. Grace Meng (D-New York) is pressing for a full House vote on her Divided Families Reunification Act after the measure passed in the House Foreign Affairs Committee in late October. The bipartisan bill “would require the U.S. Secretary of State and the U.S. Special Envoy on North Korea Human Rights Issues to prioritize helping divided Korean American families reunite with family members in North Korea,” her office says. Read more.
Representation Roundup
Notable activity from AAPI members of Congress (November 4–10):
- Sen. Tammy Duckworth (D-Illinois) joined colleagues to introduce the Military Family Parole in Place Act, which would shield certain undocumented family members of U.S. troops from deportation. Read more.
- Sen. Mazie Hirono (D-Hawaii) urged the Justice Department’s Office of Professional Responsibility to investigate whether Attorney General William Barr abused the power of his office. Read more.
- Rep. Ro Khanna (D-California) is set to introduce legislation allowing states to bundle healthcare spending to fund a state-level single-payer system. Read more.
- Rep. Ted Lieu (D-California) sent a letter to acting chief of staff Mick Mulvaney asking the White House to explain the recent series of departures from various cybersecurity offices. Read more.
- Rep. Grace Meng (D-New York) sent a letter to FAA Administrator Stephen Dickson blasting the agency’s community outreach efforts regarding excessive airplane noise over Queens. Read more.
- Rep. Bobby Scott (D-Virginia) asked three federal contractors for information about agreements with the Trump administration related to industry-recognized apprenticeship programs. Read more.
- Rep. Mark Takano (D-California) is set to lead a House Veterans’ Affairs Committee hearing on the online exploitation of veterans and service members. Read more.
- Sen. Kamala Harris (D-California) introduced the Family Friendly Schools Act, which would align the school day with the traditional workday to reduce the burden of childcare on working families. Read more.
- Rep. Ami Bera (D-California) previewed the upcoming public impeachment hearings with MSNBC’s Alex Witt. Read more.
- Rep. T.J. Cox (D-California) unveiled a new report on diabetes in CA-21 at a press conference in Bakersfield. Read more.
- Rep. Tulsi Gabbard (D-Hawaii) introduced a trio of bills aimed at improving veteran healthcare benefits. Read more.
- Rep. Pramila Jayapal (D-Washington) sent a letter to Transportation Secretary Elaine Chao urging funding approval for a state light rail project. Read more.
- Rep. Andy Kim (D-New Jersey) is set to introduce the BRAVE Act, which would require service members to be provided information about registered apprenticeship programs when they leave military service. Read more.
- Rep. Raja Krishnamoorthi (D-Illinois) reintroduced the Investing in American Workers Act, which would establish a 20 percent tax credit for small and mid-sized businesses that invest in workforce training for their employees. Read more.
- Rep. Stephanie Murphy (D-Florida) honored Vietnam veterans during a ceremony at VFW Post 5405 in Winter Springs. Read more.
- Del. Gregorio Sablan (I-CNMI) encouraged the Commonwealth of the Northern Mariana Islands Gov. Ralph Torres to cooperate with federal law enforcement officials after the FBI conducted a series of raids in Saipan. Read more.
- Del. Amata Radewagen (R-American Samoa) was among a 10-person congressional delegation touring Central and South America. Read more.
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