Racial Profiling
Racial profiling refers to the act of targeting individuals or groups based on their race or ethnicity for law enforcement scrutiny, investigation, or surveillance. Asian Americans have historically been subjected to racial profiling and discrimination, despite being a diverse group with various ethnic backgrounds, cultures, and histories.
Stereotype
An over-generalized belief about a particular category of people
Implicit Bias
Attitudes or stereotypes that affect our understanding, actions, and decisions in an unconscious manner
Social Stigma
Disapproval of, or discrimination against, a person based on perceivable social characteristics that serve to distinguish them from other members of a society
Prejudice
Harm or injury that results or may result from some action or judgment
Discrimination
The unjust or prejudicial treatment of different categories of people or things
Racial Profiling
The use of race, ethnicity or national origin as grounds for suspecting someone of having committed an offense
Issues of focus
Follow recent news on bills restricting landownership rights across state legislatures.
Learn about the politicization of the coronavirus research grant funded by the National Institutes of Health.
Profiling of Asian Americans
The Chinese Exclusion Act prohibited all immigration of Chinese laborers beginning in 1882. Subsequent amendments expanded the exclusion to all Asians. It was one of the most explicitly discriminatory laws based on race and national origin in U.S. history. The Chinese Exclusion Act and its amendments were not repealed until 1943. More on the Chinese Exclusion Act.
During the Second World War, about 120,000 Japanese were interned under Executive Order 9066, about two thirds of them were native-born American citizens. Most of them were uprooted from their homes in the West Coast and sent to relocation centers for suspicion of disloyalty to the United States.
In combination with these historical and stereotypical backgrounds, the current state of profiling of Chinese Americans is further entrenched by:
Modern technology
such as artifical intelligence and robotics is a major area of international competition for human talent. It also allows convenient collection of large amount of data and massive surveillance beyond the traditional boundaries, eroding civil liberties and privacy of all Americans and helping to target Asian Americans.
Economic espionage
and trade secrets became part of the expanded scope of national security after the 9/11 attacks. Athough no person of Chinese descent is known to have participated in acts of terrorism, Chinese Americans became subjects of surveillance and profiling as economic spies and insider threats.
The rapid rise of China
as an economic power in the past decades and its ambitious long-term development programs have become a threat to the U.S., both real and perceived. This threat is further promoted actively by the traditional military-industrial complex and the growing security-industrial complex. Engage China, or Confront it?
The national security strategy
issued in late 2017 officially declared China to be a competitive rival to the U.S. Implementation of the strategy has followed with intensified information campaigns and additional legislations and regulations that also enable the profiling practice, such as the "whole-of-society" approach advocated by FBI Director Christopher Wray and the Department of Justice China Initiative when anti-immigrant rhetoric are also rising.
"Modern federal criminal laws
have exploded in number and became impossibly broad and vague," according to criminal defense and civil liberties litigator Harvey Silverglate in his book titled "Three Felonies A Day: How the Feds Target the Innocent." Without adequate transparency, oversight, and accountability, "prosecutors can pin arguable federal crimes on any innocent individuals, for even the most seemingly innocuous behavior."
In total or in part, these factors have led innocent Asian Americans to recent persecutions as explicit targets, collateral damage, and scapegoats in the context of national security. Racial profiling is legally and morally wrong.
2. A Growing Pattern
Government mistakes in espionage cases are rare. However, prior to Professor Xi's wrongful prosecution against Professor Xi, Sherry Chen, Guiqing Cao and Shuyi Li were also accused of spying for China in two separate cases. Their cases were all dropped within a two-year period. These innocent Chinese American scientists work in the academia, federal government, and private industry.
Subsequent to 2015, there have been additional prosecutions of Chinese American scientists that collapsed, such as a former Michigan State University professor and two Tulane University professors. More details here.
3. Failure of Checks and Balances
As the pattern of profiling against innocent Chinese American scientists began to emerge and pile up, many began to raise questions to the Federal Bureau of Investigations (FBI) and the Department of Justice (DOJ) whether race, ethnicity and national origin have played a role in their investigations and prosecutions. Those that spoke out include, but are not limited to:
Despite these and many other appeals being well-documented, the system of checks and balances failed to account for the public concerns.
4. Labels and Misinformation
The Federal Bureau of Investigations (FBI) and the Department of Justice (DOJ) deny that they target Asian Americans based on race, ethnicity or national origin. However, actions such as the use of code names and provocative messages by senior government officials tend to suggest otherwise.
On February 13, 2018, FBI Director Christopher Wray testified in a Senate hearing that Chinese professors, scientists, students across basically every discipline are "nontraditional collectors" spying for China. According to a media report, FBI and intelligence agencies have urged universities to surveil Chinese students and scholars. The Director of National Intelligence Dan Coats declared in a July 2018 public forum: "Don't send your kids here!", "Don't put your people on our labs!", and "You cannot steal our secrets!"
In its publicity campaign on "China: The Risk to Academia," the FBI highlights the "annual cost to the U.S. economy of counterfeit goods, pirated software, and theft of trade secrets" as $225 - $600 Billion. As the American Physical Society pointed out, the “$225 - $600 Billion” figure "turns out to be primarily based on a generic GDP multiplier that would apply to any country at any time – it has no specific bearing on current circumstances with China or academia, as the title of the document unfortunately suggests."
"Thousand Grains of Sand" by FBI official in 1999
"Fifth Column" during World War II
"Communist Sympathizer" during the Red Scare
Irresponsible code names have been used historically to stigmatize Asian Americans as "perpetual foreigners," insinuating that they are not to be distrusted and their loyalty is always questioned, no matter how many generations they have lived in the U.S.
Prior to FBI Director Wray coining the term "nontraditional collectors," another FBI official advanced the "thousand grains of sand" and "mosaic" theories about Chinese in America when Dr. Wen Ho Lee was being persecuted about two decades ago. During World War II, Japanese persons in the West Coast were portrayed as the "fifth column." Dr. Qian Xuesen and others were labeled "communist sympathizers" during the Red Scare in the 1950s.
5. Shifting Grounds and Double Standards
In recent years, the FBI shifted its targets to those associated with China's talent recruitment programs, including the Thousand Talent Program. However, government recruitment program is nothing new. Japan has The World Premier International Center Initiative; the United Kingdom has the Earnest Rutherford Fund; Canada has the Canada 150 Research Chairs Program; Singapore has RIE2020; Israel has I-CORE; and France has the "Make Our Planet Great Again" Initiative. Freedom of movement is a fundamental human right. As long as the rules are followed, it is perfectly legitimate for academics to pursue opportuntities in the talent recruitment programs. In 2015, the former head of the Beijing office for the National Science Foundation (NSF) said that U.S. scientists can access world-class facilities, uniqiue geographic sites, and expertise in a growing number of fields by coolabroating with Chinese colleagues. In additon, as ties are built with Chinese funding agencies, NSF funding can be leveraged in coordinated partnerships on topics that are of interest to both countries. In 2014, the Director of the National Institute of Health (NIH) spoke at Fudan University in Shanghai and quoted Louis Pasteur, "Science knows no country because knowledge belongs to humanity," as the topic of his speech. Indeed, cancer knows no country. Coronavirus knows no country. According to the book titled "The Great Influenza," in the height of World War I and the influenze epidemic, a researcher found an effective way to fight the virus. Both the military officials and the leading scientists supported the decision to publish the research results, even if it would help the enemies, the Germans, on the battlefields.
6. "Researching While Chinese"
Some say that some Chinese persons did do something wrong. However, it is not the right question to ask.
For example, Sandra Bland, an African American woman, was stopped by a state trooper for signaling while making a traffic turn. Was it improper? It certainly was, but nobody should go to jail and died for it. The same can be said for Samuel DuBose for missing a front license plate. Or Philando Castile for a broken tail light. They all died for offenses they would not have had had they not been African Americans.
Similarly, the right question we should ask is whether it is okay for the entire group of Chinese professors, scientists, and students being singled out for targeting as suspected non-traditional collectors for China, or Chinese spies. That is racial profiling. That is wrong.
Proud to be a Chinese American
Xiaoxing Xi
I was jogging on the National Mall and along Pennsylvania Avenue this morning. As the sun came out behind the iconic landmarks, my heart welled up with pride of being a Chinese American. I ran by the Washington Monument. It is the ideal that “all men are created equal” the Founding Father fought for that has attracted me and many others to become an American citizen. I passed by the Lincoln Memorial. Abraham Lincoln gave his life to preserve the Union and abolish a system that treated people differently based on their races. Running past the Capitol Steps, my appreciation became so clear that in this country, people’s voice can be heard through a democratic process. I jogged in front of the FBI building. I commend the men and women who devote themselves to the protection of our country. In my case, however, they have used their might against an innocent citizen. What do these all mean to me? We need to get involved in the democratic process. If we see a bad policy, a bad practice, that hurt our country, we need to speak out and let our voice be heard. That we have the right to do so is what this country is so great about. As a proud citizen, I pledge to do my part.
7. Criminalizing Fundamental Research Threatens U.S. Leadership
There is no evidence to support the government's crackdown of open scientific exchanges with China as they are mostly on basic research. The national policy governing federally-funded research has been National Security Decision Directive 189 (NSDD-189). Issued by President Ronald Reagan in 1985, it defines fundamental research as basic and applied research in science and engineering, the results of which ordinarily are published and shared broadly within the scientific community. It states that it is the policy of this administration that, to the maximum extent possible, the products of fundamental research remain unrestricted. If national security requires control, then classify the research. Since the principle of freedom to publish and disseminate results is so fundamental to U.S. universities that many of them do not accept funding that restricts their faculty from publishing and disseminating research results. For example, the Princeton University policy says the University will not, as a matter of policy, accept any contracts or grants for the support of classified research. However, in its publicity campaign document, the FBI says, "Even if the technologies and their applications are not currently classified, they could be in the future." The "thousand grains of sand" and "mosaic" theories are widely held by the intelligence community - a collection of unclassified documents would create a classified document. According to these theories, while the Russians would steal the one classified document, the Chinese steals all the unclassified documents and put them together. So Chinese professors, scientists, and students are suspected of stealing secrets anyway, even when they are conducting fundamental research. On November 18, 2019, the Senate Permanent Subcommittee on Investigations issued a staff report which makes a number of recommendations. Recommendation 11 says, "The administration should consider updating NSDD-189 and implement additional, limited restrictions on U.S. government funded fundamental research... Federal agencies must not only combat illegal transfers of controlled or classified research, but assess whether openly sharing some types of fundamental research is in the nation's interest." If the scientific community does not speak up, the day it can freely publish fundamental research and to openly discuss among colleagues may be numbered. This push for restrictions of open fundamental research reflects a total lack of understanding about what has made America the world leader in science and technology in the first place. In the book titled "Technology and National Security: Maintaining America's Edge," writer and historian Walter Isaacson wrote a chapter on The Source of America's Innovation Edge. He pointed out that the triangular partnership between government, industry, and academia created an ecosystem that helped produce the technological revolution after World War II. Each partner has its unique functions, and universities are where free and open research is conducted. If the free and open environment is lost and turned into national laboratories, American competitiveness in science and technology will be stifled. Former Director of the Central Intelligence Agency (CIA) John Deutch also wrote in the same book, "The risk of loss [of technology to China] is minor compared to the losses that will be incurred by restricting inquiry on university campuses." In other words, in the name of protecting America's research integrity, the policies that restrict open research on university campuses are in fact destroying America's leadership in science and technology. The Department of Justice denies that it makes decisions based on race, ethnicity or national origin. Harvard University Chemistry Department Chair Dr. Charles Lieber is cited as an example, but this is precisely what Professor Xi has been warning. Anyone who has academic collaboration with Chinese colleagues can become a target of the FBI. One does not have to be Chinese. According to a U.S. attorney, academic collaborations with China is "by definition conveying sensitive information to the Chinese." Once you are targeted, everything is under the microscope.
National Security Decision Directive 189
(NSDD-189)
"'Fundamental research' means basic and applied research in science and engineering, the results of which ordinarily published and shared broadly within the scientific community, as distinguished from proprietary research and from industrial development, design, production, and product utilization, the results of which are restricted for proprietary or national security reasons."
It is the policy of this Administration that, to the maximum extent possible, the products of fundamental research remain unrestricted. It is also the product of this Administration that, where national security requires control, the mechanism for control of information generated during federally-funded fundamental research in science, technology and engineering at colleges, universities, and laboratories is classification.
8. Balance Between Open Science and Security
On December 11, 2019, the National Science Foundation (NSF) released the JASON report on Fundamental Research Security. JASON is an independent group of elite scientists which advises the U.S. government on matters of science and technology. JASON was briefed by representatives of the intelligence community and law enforcement during the study. They had access to all the available classified information In the end, the JASON report says in its findings the scale and scope of the [foreign influence by the Chinese government] remain poorly defined. It recommends that NSF should support reaffirmation of the principles of NSDD-189, which make clear that fundamental research should remain unrestricted to the fullest extent possible. It also says failure to disclose commitments and actual potential conflicts of interest should be investigated and adjudicated by the relevant office of NSF and by universities as presumptive violations of research integrity, with consequences similar to those currently in place for scientific misconduct. Not by the FBI. Not by throwing them into jail. In Professor Xi opinion, the scientific community should rally around the JASON report. It is well balanced, and it provides a blueprint of the proper response for the U.S. government for the perceived threats of the Chinese government to fundamental research.
1. Wrongful Persecution
Born in China, Professor Xi was among the first students to attend college after the Cultural Revolution in China. He received his Ph.D. degree in physics from Peking University and Institute of Physics, Chinese Academy of Science, in 1987. After several years of research at the Karlsruhe Nuclear Research Center, Germany, he came to the U.S. and worked for Bell Communication Research/Rutgers University and University of Maryland before joining the Physics faculty at Penn State University in 1995. He moved to Temple University in 2009. On May 19, 2015, he was informed that he would be appointed permanent Chair of the Physics Department. Two days later on May 21, 2015 when the Congressional Asian Pacific American Caucus was convening a press conference to express concerns about racial profiling in the case of Sherry Chen, Professor Xi was sensationally arrested in the wee hours of the morning. Media reports the following day quoted the Department of Justice that Professor Xi was a "Chinese spy" selling sensitive information to China. Four charges were subsequently made, all of them based on intercepted emails. Professor Xi and his lawyer refuted point-by-point that the allegations were totally false. In particular, five top experts, including one whose trade secrets were allegedly stolen, examined the emails and provided affidavits to support Professor Xi's defense that he did not share or sell proprietary information to China. In fact, the fundamental research results were readily available in the Internet. Professor Xi and his lawyer raised the question of how publicly available technology can be "stolen" and alleged to be a criminal act. On September 11, 2015, DOJ dropped all charges against Professor Xi without explanation or responding to his questions. However, irreparable damage to his finances, career, reputation and his family had already been made.
Profiling Today
Andrei Dmitrievich Sakharov (1921-1989) was awarded the Nobel Peace Prize in 1975. As the father of the Soviet hydrogen bomb, Sakharov was awarded the Peace Prize for "his opposition to the abuse of power and his work for human rights."
Since 2006, the American Physical Society (APS) has awarded the Andrei Sakharov Prize every second year to recipients for "outstanding leadership and/or achievements of scientists in upholding human rights."
Professor Xiaoxing Xi (郗小星) of Temple University is a 2020 recipient of the Andrei Sakharov Prize. He is himself a victim of racial profiling. Since the wrongful prosecution against him was dropped in 2015, Professor Xi has been tirelessly speaking up across the nation to stop the injustice of racial profiling, defend openness in university campuses, and protect American competitiveness in science and technology.
Professor Xi was scheduled to receive the Andrei Sakharov Prize on March 4, 2020. The event was cancelled due to concerns about the coronavirus. Professor Xi recorded his prepared presentation in a 32-minute video. It provides compelling facts and arguments that cover not only the wrongful prosecution against him, but also the government's abuse of authority at the expense of American competitiveness and leadership by criminalizing fundamental research.
This page is dedicated to communicate and expand on Professor Xi's message on racial profiling, which has already infected academia, government, private industry, and other segments of American society. It provides a synopsis of profiling today.