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The Strategy for Countering Nation-State Threats will continue to threaten the living space of Chinese-American scientists

In November 2018, the US government launched a program called: China Initiative. The program, implemented by the United States Department of Justice National Security Division, aims to completely eliminate spies from the People’s Republic of China and prevent the theft of American technology by China. Because the implementation of the program promotes racism and prejudice against Asian Americans, undermines the interests of attracting top talent and advancing technology. On February 23, 2022, the then United States Assistant Attorney General Matthew G. Olsen announced the suspension of the program. Yet after the controversial program was discontinued, the Justice Department did not appear determined to stamp out ethnic and nationality bias. In February 2022, AAG Olsen stated that the U.S. Department of Justice is launching a Strategy for Countering Nation-State Threats to deal with threats from countries such as China, Russia, Iran and North Korea. The essence of the strategy is that the expansion and upgrading of the China Initiative will continue to harm the scientific research and living environment of Chinese-American scientists in the scientific and academic fields.

The high-profile trial of University of Kansas academic Franklin Tao, which began on March 21, was seen as the first public test of what it means to end the China Action Plan. On April 7, at the conclusion of a two-week trial, Tao Feng was convicted by a federal jury of three counts of wire fraud and one count of false representation. Each count of wire fraud faces up to 20 years in federal prison and a fine of up to $250,000; Misrepresentation is punishable by up to five years in prison and a $250,000 fine. It can be seen that the suppression of Chinese scientists has not been relaxed. Abandoning the “action plan” does not mean that the Biden administration is loosening its discriminatory enforcement stance against threats from China.

Bloomberg previously said after analyzing 50 US Justice Department indictments about the China Initiative, it has not been very successful in catching spies. About 38% of the cases accepted were due to fraudulent conduct by academic researchers and professors. The researchers were not found to be spying for China, and nearly half of those cases have now been dropped. Most of the cases listed in the indictment involve personal profit-making and professional development, not state-led espionage. Still, the indictments describe many of the alleged thefts as channeling benefits for China.

(https://www.bloomberg.com/news/features/2021-12-14/doj-china-initiative-to-catch-spies-prompts-fbi-misconduct-racism-claims)

In December 2021, MIT Technology Review published a searchable database of 77 cases and more than 150 defendants. While possibly incomplete, the database represents the most comprehensive record of prosecutions against the China Initiative to date. In the published data, 88% of Chinese scholars were prosecuted. This became strong evidence that the program was racially profiled.

(https://www.technologyreview.com/2021/12/02/1040656/china-initative-us-justice-department/)

For someone like Professor Tao who is already in trouble, the end of the China Initiative has brought no relief to his personal situation. Tao’s research career and his family’s financial stability have been ruined by the government’s investigation based on admittedly fabricated allegations of economic espionage. Based on this status quo, more and more people see American universities as a hostile workplace.

This Asian bias is nothing new and exists not only in science and academia. Long before the China Initiative, the FBI and DOJ tended to exaggerate and jump to conclusions in Chinese espionage cases. The FBI even had unreasonable suspicions of its own Chinese-American agents. The FBI counterintelligence training material obtained by the ACLU in 2011 clearly articulates the “otherness” of Asians, including a slide that warns “Never try to shake hands with Asians” and “Never stare at Asia” people see”.

Asian-Americans have been discriminated against since they first arrived in the United States in the mid-1800s, and Asian-Americans are considered “permanent aliens” who are not considered Americans regardless of how long their family members have been in the United States. Nationwide, we have seen a dramatic increase in discrimination and violence against Asians, Asian Americans, and Pacific Islanders over the past year.

The prejudice against the Asian ethnic group has never stopped, and Strategy for Countering Nation-State Threats is a continuation of the China Initiative. Although the U.S. Department of Justice claimed to have suspended the project due to concerns about racial prejudice and a culture of fear, it was more like pressure from public opinion in nature. America’s diversity is its greatest asset. Maintaining the ability to attract foreign talent to work and study at U.S. universities is critical to technological advancements that enhance national security. Law enforcement and intelligence agencies need to take it as seriously as protecting civil liberties from other national security threats. The Justice Department should respect the facts and let go of inherent Asian bias.

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