NATIONAL

ASIAN PACIFIC

AMERICAN BAR

ASSOCIATIONVolume XXI No. 1 Winter 2011

NAPABANAPABAL A W Y E RL A W Y E R

191

I N T H I S I S S U ENAPABA’s 2010 Affiliateof the Year: SABA-NC 1

Birthright Citizenship and the 14th Amendment 1

President’s Message 2

From Macacas to Turban Toppers: The Rise in Xenophobic and Racist Rhetoric in American Political Discourse 4

Leadership Corner:Rosy Lor 6

Convention Summary 7

Convention 2010 Highlights 8

NAPABA’s 2010 Award Winners 10

NAPABA’s First Community Service Day a Huge Success 15

APABA named the South AsianBar Association of NorthernCalifornia (SABA-NC) the 2010

Affiliate of the Year at its 22nd AnnualConvention in Los Angeles, CA.NAPABA’s Affiliate of the Year Award wasfirst conferred at the 2007 NAPABAConvention in Las Vegas, NV. It was estab-lished to recognize regional Asian PacificAmerican bar associations for their outstanding leadership, achievements andcommitment to their local communities.

“I’m proud to see SABA-NC honoredwith the Affiliate of the Year award; thisaward is an excellent capstone to the sever-al other high-profile and well-deserved

awards SABA-NC earned over the pastyear. Hopefully our hard work will set afloor for our future endeavors and will seta benchmark for future candidates for theAffiliate of the Year award,” said HozefaBotee, co-president of SABA-NC.

In 2010 SABA-NC did not only catch theattention of NAPABA, SABA-NC’s ProBono Committee was awarded theCalifornia Bar Association’s President’sAward for Distinguished Pro Bono Service.The North American South Asian BarAssociation (NASABA) honored SABA-NC as their 2010 Chapter of the Year. Sinceits inception in 1993 as the first organizedbar association in North America to

BirthrightCitizenship and

the 14thAmendmentOpponents of illegal

immigration cannot claim tochampion the rule of law and

then propose policies that violate our Constitution.

by James C. HoA coalition of state legislators, motivated

by concerns about illegal immigration,endorsed state-level legislation on January5, 2011 at the National Press Club inWashington, D.C., to deny the privileges ofU.S. citizenship to the U.S.-born children ofundocumented persons.

This effort to rewrite U.S. citizenship law

N

continued on page 11 continued on page 13

NAPABA 2009-2010 President Joseph Centeno with SABA-NC’s former President and currentNAPABA Regional Governor, Kiran Jain, and current SABA-NC Co-President, Sujal Shah, at the 22nd Anniversary Gala.

NAPABA’s 2010 Affiliate of the Year:South Asian Bar Association

of Northern California (SABA-NC)by Azizah Ahmad

192

MessagePresident'sPaul O. HirosePaul O. Hirose

The NAPABA 2011 Convention is sched-uled to be held in Atlanta, GeorgiaNovember 16-20, 2011. Save those dates!Why? Because you will want to registerearly and not miss sold-out events. Thoseof you who experienced our 2010Convention know that Inspire continuedthe NAPABA tradition of bringing togetherthe NAPABA family, presenting in-depthprogramming, and providing a lively andfun environment. Planning is well under-way for the 2011 convention but before wefocus on Atlanta, let’s reflect on the record-breaking Inspire Convention and ourupcoming year.

Due to the hard work of so many people,we attained all-time high NAPABA figures,including over 1,800 attendees, 145 spon-sors, 45 Exhibitors and Advertisers, andmore than 55 panels. Our Inspire themewas prevalent throughout our plenary ses-sions including the moving “Legacy ofVincent Chin” civil rights plenary, theincredible “Advocacy at its Finest: Re-argument of United States v. Wong Kim

Ark,” and the inspiring Gala Keynotespeech by L. Tammy Duckworth, AssistantSecretary for Public & IntergovernmentalAffairs, Department of Veterans Affairs.

I want to personally thank all of you whomade Inspire such a huge success. Thankyou Los Angeles Convention HostCommittee, NAPABA Board of Governorsand NAPABA staff for all your hard work.Thank you to all our numerous sponsorsfor your generous support. Thank youNAPABA members and other registrantsfor our largest convention registrationnumbers ever. I want to give a specialshout-out to the three Co-Chairs of theHost Committee: Bruce Ishimatsu (who isalso Chairman of the Partners Committee),Judy Lam (also a Co-Chair of the RealProperty Committee) and Ekwan Rhow(also a NAPABA Board Member).

On Sunday, several dozen NAPABAmembers and family volunteered to partic-ipate in our first-ever Day of Giving Back.These volunteers assembled holiday foodbaskets for families in need, including sur-vivors of domestic violence. I was touchedwhen representatives of the three localAPA organizations explained how mean-ingful and comforting these baskets ofAsian foods will be to APA families whohave been displaced and who have fallenon hard times. NAPABA members whoparticipated included: a Fortune 100General Counsel, law firm partners andassociates, public interest and governmentlawyers, NAPABA staff, and law students.After the holiday baskets were assembled,two major law firm partners physicallyloaded the hundreds of pounds of food sta-ples into big carts, pushed those carts twoblocks, and then loaded the bags into thetransport vehicles. They were both inspir-ing and perspiring. After several days ofprograms, presentations, networking andsocializing, the Day of Giving Back returnedus to one of NAPABA’s original objectives– helping those in need.

The Inspire Convention exemplifies howNAPABA exists for all its members.Regardless of practice area, employer,experience, or any other identifier, there isa place for everyone under the NAPABAtent. At the convention, we paid tribute toour civil rights heritage, we had CLE pan-els for professional development, and wecreated networking opportunities forcareer advancement and business develop-ment. Likewise, our programs and com-mittees exist to benefit all our members. In

NAPABA LAWYER

Vol. 21 No. 1 Winter 2011© National Asian Pacific

American Bar Association

CO-EDITORSBryce Kunimoto

Tina Matsuoka • Azizah Ahmad

Letters to the Editor (250 words of less),newsletter articles (500 words or less),

announcements (100 words or less) and change of address, may be emailed

to administrator@napaba.org.

The opinions expressed in the NAPABA LAWYER are those of the authors

and do not necessarily reflect NAPABApolicy or editorial concurrence. Publication

of any written or graphical material or advertisement does not

constitute an endorsement. The editorsreserve the right to edit, accept or reject

prospective materials or advertisements inaccordance with their editorial judgment.

NAPABA retains the copyright to thispublication and its contents, unless otherwise indicated. Please contact

NAPABA for permission to reproduce any of its contents.

fact, if a group of NAPABA members havean interest that they want to focus on, theyare encouraged to present that interest toeither the Board or a committee, or evenform a new committee. It is that initiativethat has grown our organization.

To continue the enthusiasm and momen-tum from the convention, the NAPABABoard has a full agenda. We stronglyencourage the various NAPABA commit-tees to become more visible and moreactive because our committees are an easyway to: (a) participate with members withsimilar interests; (b) raise one’s profile in agiven practice area and/or in NAPABAgenerally; and (c) contribute to NAPABA’sgrowth and operations. For the first time,each committee has been assigned both aNAPABA Board member and a staff personto assist that committee’s efforts. Our com-mittee chairpersons know that they areresponsible for ensuring their committeesmeet regularly, increase programming/activity and engage their respective com-mittee members.

This May, we will have NAPABA’s firstAdvocacy Day in Washington, D.C. Wewill open with a reception with prominentAPAs who have served or are serving inthe Administration or on Capitol Hill. Wewill then meet with both officials in theAdministration and lawmakers to advo-cate for NAPABA’s policy priorities. Laterthat month, NAPABA will host theCoalition of Bar Associations of ColorAnnual Meeting– further strengtheningour relationship with the HispanicNational Bar Association, the National BarAssociation and the National NativeAmerican Bar Association. Collectively, wewill advocate for our common goals.

Finally, we have four RegionalConferences planned for 2011. Supportyour local affiliate, become active on acommittee, attend the RegionalConferences, and plan on being in Atlanta.

I look forward to a great year and serving as President.

Thank you very much,

Paul O. Hirose

193

194

In November 2010, prior to the mid-term elections, South Asian Americans LeadingTogether (SAALT) issued a report documentingand analyzing examples of xenophobic rhetoricin political discourse aimed at South Asian,Muslim, Sikh, and Arab Americans. Below isan excerpt from the report.

Xenophobia and racism have no place inpolitical and civic discourse. Yet, a patternof such rhetoric continues to exist inAmerica’s political environment today. Fordecades, African Americans, Latinos, andAsian Americans have been subjected toracist rhetoric in the political sphere. Morerecently, South Asian, Muslim, Sikh, andArab Americans have been the targets of such rhetoric by public officials andpolitical candidates from both sides of theaisle. Equally alarming has been the use ofxenophobia and racism to stir negativeresponses against political candidates ofSouth Asian descent. When political andpublic figures use xenophobic and racistimages and language, the impact is far-reaching. Such actions can foster similarsentiments on the part of the public by per-petuating misconceptions and stereotypesabout the communities being targeted.They can also influence support for poli-cies and practices that harm people of colorand immigrants. In addition, they can con-tribute to feelings of marginalization andalienation by minority communities as wellas hamper political and civic participation.

Appealing to latent racist attitudesthrough xenophobic rhetoric may appearto yield short-term political gains. Yet, sucha strategy is not only myopic, but alsobelies this country’s long and storied alle-giance to pluralism, diversity, and equality.SAALT’s recent report, From Macacas toTurban Toppers: The Rise in Xenophobic andRacist Rhetoric in American PoliticalDiscourse, presents an inventory and analy-sis of xenophobic rhetoric since September11, 2001 and calls for a return to civility inthe political sphere. Specifically, the reportincludes examples of xenophobic rhetoricaimed generally at South Asian, Muslim,

Sikh, or Arab American communities as awhole; and xenophobic rhetoric aimedspecifically at South Asian candidates run-ning for elected office.

Remarks Aimed Broadly at South Asian,Muslim, Sikh, or Arab AmericanCommunities

Similar to other immigrant communitiesand people of color, South Asians,Muslims, Sikhs, and Arab Americans haveoften been cast as foreigners within theUnited States. As a result, communitymembers have borne the burden of havingto prove their allegiance and “American-ness” to others. Public officials and politi-cal candidates have both perpetuated andexploited this imposed outsider statusthrough xenophobic statements andimages. While there is a common underly-ing message that these communities arenot American, several variations upon thistheme have been generally used, includ-ing: portrayals of communities as threats tonational security; statements rejecting theUnited States as a religiously pluralisticnation; portrayals of community membersas political liabilities because of their back-ground; and portrayals of communitymembers as perpetual foreigners.

Examples that arose in recent yearsinclude:

• In September 2010, Renee Ellmers, can-didate for U.S. Congress in NorthCarolina, released a television advertise-ment regarding the Park51 CulturalCenter in Lower Manhattan. In the ad,she equated the Muslim developers ofPark51 with terrorists, and stated, “Afterthe Muslims conquered Jerusalem, andCordoba, and Constantinople they built vic-tory mosques. And, now, they want to builda mosque by Ground Zero.”

• As part of his Congressional campaign,Dan Fanelli encouraged Florida voters tosupport him because he would ensure

the use of racial profiling in airport secu-rity screening. In April 2010, Fanelliposted several videos on his websitedepicting Arab- and South Asian-look-ing actors as terrorists with an accompa-nying statement that “all passengers areNOT created equally.” Although his rivalcandidates and various public advocacygroups condemned the advertisements,Fanelli responded to critics stating thatskin color does not matter, and that,although he does support racial profil-ing, he believes in “racial equality.”

• At a June 2008 presidential campaignrally in Detroit, Michigan, for then-Senator Barack Obama, two Muslimwomen wearing hijabs were not allowedto be seated in a “special section” behindthe stage and podium. One woman,Hebba Aref was with her brother and hisfriends when they were approached by acampaign volunteer and asked if theywould like to sit in the special section.Upon seeing Aref’s hijab, the volunteerrevoked her invitation to the group,according to a friend of Aref’s, by stat-ing: “…because of the political climate andwhat’s going on in the world and what’sgoing on with Muslim Americans, it’s notgood for [Aref] to be seen on TV or associ-ated with Obama.” Obama subsequentlyapologized for the actions of his campaign volunteers.

• While in office, Congressman Bill Salifrom Idaho made remarks against aprayer offered by a Hindu priest in July2007 at the beginning of Senate proceed-ings, stating, “We have not only have aHindu prayer being offered in the Senate, wehave a Muslim member of the House ofRepresentatives now, Keith Ellison fromMinnesota. Those are changes and they arenot what was envisioned by the FoundingFathers.” He went on to state that theUnited States was built on Christianprinciples, thus when a Hindu prayer is offered, it “creates problems for thelongevity of this country.”

From Macacas to Turban Toppers: The Rise in Xenophobic and Racist Rhetoric

in American Political Discourseby Priya Murthy

195

• In August 2006, former U.S. SenatorConrad Burns from Montana, comment-ed, while still in office, that the UnitedStates is up against “a faceless enemy” ofterrorists who “drive taxicabs in the daytimeand kill at night.” In an attempt to clarifythe statement, Burns’ spokesperson said,“The point is there are terrorists that liveamongst us. Not only here, but in Britainand the entire world. Whether they are taxidrivers or investment bankers, the factremains that this is a new type of enemy.”

Remarks Aimed at South AsianCandidates Running for Public Office

Running for office in America as a per-son of color or naturalized citizen is not aneasy road. In recent years, there has beenan increase in the number of South Asiansseeking public office. In fact, in 2010, therewere at least 30 candidates of South Asiandescent in federal, state, and local races.While the participation of communitymembers in the political arena has been ris-ing and even garnered significant publicattention, the number of remarks playingon race- and religion-based stereotypesagainst various South Asian, Muslim, andSikh candidates has also followed a similartrajectory. Tactics have included attackingthe actual or perceived religions of candi-dates; pointing to candidates’ “ethnic”names and accents; utilizing image-alter-ing techniques to make candidates appear“darker”; and questioning candidates’“roots.” Rather than urging the voting pub-lic to assess South Asian candidates on themerits of their issue-based policy plat-forms, at the core of these comments is theinsidious nativist refrain that a “foreign”candidate cannot be trusted.

Below are a few examples that emergedduring the 2010 elections:

• In June 2010, speaking of then-SouthCarolina State Representative NikkiHaley’s candidacy in the state’s guberna-torial race, State Senator Jake Knotts,described her as, “[a] f ---ing raghead…[w]e got a raghead in Washington; we don’tneed one in South Carolina… [s]he’s a rag-head that’s ashamed of her religion trying tohide it behind being Methodist for politicalreasons.” Knotts also stated he believedHaley had been set up by a network of

Sikhs and was programmed to run forgovernor by outside influences in foreign countries. He claimed she washiding her religion and he wants the voters to know about it. Knotts laterapologized, stating his remark wasmeant as a joke.

• In April 2010, Ohio Congressional candi-date David Krikorian was repeatedlycaught by members of his own partysuggesting that his rival, SuryaYalamanchili, could not unseat theincumbent because of his Indian name.Krikorian denied making such remarksand, after he lost the primary election,asserted that Yalamanchili succeeded by“playing the race card.”

• In September 2010, Maryland StateDelegate Saqib Ali, a candidate in theMaryland primary race for state Senate,was the target of a mailer sent out by hisopponent State Senator Nancy King inwhich his photograph was altered, mak-ing his skin tone and hair visibly darker.The King campaign denied having dark-ened the photograph, despite the factthat the difference was apparent by com-paring it to the original photo that wasalso included in the mailer.

The Impact of Xenophobic and RacistRhetoric in Political Discourse

In political life, the use of language andimagery can be instrumental in moldingpublic perceptions and formulating poli-cies. The detrimental effect of xenophobicremarks becomes even more egregiouswhen made by public officials or those run-ning for political office. These individualshave a degree of inherent authority toshape the public dialogue; given that theyoften have increased access to the media,their remarks are able to command greaterattention among the general population.Moreover, their views are perceived notmerely as individual personal opinions butcan be attributed to entities beyond them-selves; for example, a statement of a mayorcan be seen as representative of the citygovernment or even the broader electoratewithin the city.

Xenophobic sentiment in the country,compounded by such rhetoric, can also beaccelerated and its impact is profound. In

the wake of the Park51 controversy, sever-al hate crimes occurred, including thevicious assault of a Bangladeshi taxicabdriver in New York, Ahmed Sharif (whoseattacker was a passenger who asked ifSharif was a Muslim prior to slashing histhroat) and an attack on a turbaned Sikhconvenience store clerk in WashingtonState (who was punched after being called“al-Qaeda”). Mosques in California,Connecticut, Illinois, Michigan, and NewYork were vandalized and Quran burningswere planned in Florida and occurred else-where in the country.

In addition, at the crux of why xenopho-bic statements from public officials andpolitical candidates are so dangerous isbecause these individuals are responsiblefor creating policies that affect allAmericans. Since September 11th, discrim-inatory policies against South Asian,Muslim, Sikh, and Arab Americans in theUnited States have been implemented inthe name of national security. Examples ofsuch policies and practices include racialand religious profiling through heightenedand intrusive searches, interrogation, andseizures of personal property of Sikh andMuslim passengers by the TransportationSecurity Administration (TSA) andCustoms and Border Protection (CBP); tar-geted surveillance, questioning, and use ofinformants involving South Asian places ofworship, particularly mosques, by theFederal Bureau of Investigation (FBI); andlocal law enforcement and immigrationauthorities targeting those who appear for-eign. Profiling is a law enforcement tacticthat targets individuals based on character-istics unrelated to suspicious or criminalbehavior, such as race, religion, or ethnici-ty. It is an ineffective national security strat-egy as it diverts limited law enforcementresources away from identifying those whoare true threats and diminishes trust with-in affected communities. Another morerecent trend among national security poli-cymakers is the emphasis on addressing“homegrown terrorism” (allegedly beingfostered within segments of the Muslimcommunity in the United States) throughinfiltration of mosques or prayer groups.

As an example, when public officialsmake comments stating that the govern-ment needs to more closely monitor theimmigration of South Asians coming intothe country because of the supposed threat

continued on page 12

6

judge in Pennsylvania, shared withthe audience her experience (and someof the challenges she faced) runningfor judicial office. I was particularlyinspired by Judge Chen and her story and remember returning toWashington, DC after the Conventionwith new energy and excitementabout both NAPABA’s and our localaffiliate’s work.

Q– What do you most enjoy about beinginvolved with NAPABA?

A– What I appreciate and enjoy the mostabout being involved with NAPABAare the opportunities I have to meetand work with NAPABA membersfrom across the country, whether it isat the annual Convention or a regionalconference or while working on othermatters during the year. I find it comforting and empowering to knowthat the NAPABA network is availableto me should I re-locate to a new stateor if I need information about legalresources available in a particularlocation.

I have always been impressedwith and I am particularly proud ofNAPABA members’ willingness tohelp one another. When I first gradu-ated from law school, I practicedplaintiff-side employment discrimina-tion law. I volunteered to organize apanel discussion on Asian Americansand employment discrimination with APABA-DC. It was suggestedthat I contact Commissioner StuartIshimaru, a member of the Equal Employment OpportunityCommission, as a potential panelist. Irecall meeting and introducing myselfto Commissioner Ishimaru at an eventlater that week and asking him if hewould be available to speak on anAPABA-DC panel on employment dis-crimination. As a recent law school

NAPABA | Leadership CornerRosy Lor, Senior Attorney, Office of Chief Counsel, U.S. Internal Revenue Service

Q– What type of law do you practice andwhere?

A– I am an attorney at the National Officeof the IRS Office of Chief Counsel. Ibegan my career at the IRS Office ofChief Counsel advising the IRS on col-lection of taxes and other matters aris-ing in the context of taxpayer bank-ruptcies. I currently advise the IRS ona variety of international tax enforce-ment matters, including issues relatingto cross-border tax collection andinformation gathering. I also work onissues relating to the coordination offederal and local taxes of the U.S. terri-tories of American Samoa, Guam, theNorthern Mariana Islands, PuertoRico, and the U.S. Virgin Islands.

Q– What role do you currently hold in NAPABA? What have you held in the past?

A– I am currently the NAPABA SoutheastRegional Governor Alternate. I amalso a past president of APABA-DC(2008-2009) and currently serve as amember of APABA-DC’s NominationsCommittee, which evaluates candi-dates for judicial office or politicalappointment who seek the bar associ-ation’s endorsement.

Q– How did you first get involved withNAPABA?

A– I became involved with NAPABAwhen I started volunteering withAPABA-DC in 2004. I attended theNAPABA Convention for the very firsttime in 2006 in Philadelphia. I recallattending a breakfast during the 2006Convention during which Judge IdaChen, the first female Asian American

Want to get more involved withNAPABA? Interested in how currentboard members or committee chairsgot involved? Learn more aboutNAPABA’s leadership in this featureof NAPABA Lawyer. This quarter, weget to know Rosy Lor, SeniorAttorney, Office of Chief Counsel, U.S. Internal Revenue Service

graduate at the time, I admit, I was abit nervous to be speaking to an EEOCCommissioner and asking him for histime. But Commissioner Ishimarugraciously accepted the invitation andeven took some time to chat with meabout the work of the EEOC. Hiskindness and willingness to share hisinsights on this important topic withthe APABA-DC community left a greatimpression on me as a young lawyer. Ihave had many similar experiencesworking with other members ofNAPABA, which in turn has inspiredand motivated me to help, in any waythat I can, others in the NAPABA com-munity who come to me for assistance.

Q– How would you recommend others getinvolved with NAPABA?

A– In addition to serving on the board ofdirectors or joining a committee, thereare many ways that interested individ-uals can become involved with NAPA-BA. For example, you can write anarticle for the NAPABA newsletter orpropose and organize a panel discus-sion for the annual Convention. Youcan also work with your local affiliateto co-sponsor an event with a NAPA-BA committee. For example,. when Iserved as APABA-DC president,APABA-DC co-sponsored and workedwith NAPABA in organizing severalevents dealing with matters of bothlocal and national importance. In par-ticular, following the 2008 presidentialelections and the interest in publicservice the elections generated,APABA-DC and the NAPABA PublicSector Committee organized an infor-mational session and discussion on thefederal government’s senior executiveservice.

Fill out theNAPABA 2010 Convention Survey at

www.surveymonkey.com/s/napaba2010for a chance to win a

$100 amazon.com gift card!

by SNR Denton LLP, discussed the history

of the APA civil rights movement in reac-

tion to the death of Vincent Chin. Friday

night continued with the Trailblazers

Reception sponsored by Wal-Mart. The

night concluded with a Texas Hold’Em

Poker Tournament and a Late Night

Lounge Series Reception for outgoing

President, Joseph Centeno.

The Women’s Leadership Committee

kicked off Saturday with a breakfast plena-

ry honoring the Honorable Dolly M. Gee,

Honorable Lucy Koh, and the Honorable

Jacqueline H. Nguyen. The day continued

with the NAPABA Law Foundation’s Pre-

Law Conference, the pitch ses-

sions program and NAPALSA

NAPABA’s twenty-second Annual

Convention in Los Angeles set a new

record of 1,800 attendees. The record-

breaking Convention was held at the JW

Marriott at LA LIVE from November 17-21.

The theme of the Convention, “Inspire,” set

the tone for the entire event which high-

lighted inspiring stories in Asian Pacific

American (APA) legal history.

The Convention began with the

Leadership Advisory Council Dinner on

Wednesday. The following day featured

the seventh Bar Leadership Institute

Program, the third annual International

Law Symposium and the first Public

Interest Summit. The opening plenary on

Thursday night featured a star-studded

panel as Hollywood stars Justin Chon

(Twilight), Amy Hill (That’s So Raven),

James Kyson-Lee (Heroes), Michelle

Kruseic (Saving Face), and Nikki Soohoo

(The Lovely Bones) spoke about the Asian

image in the media. The night continued

with the Welcome Reception sponsored by

Microsoft.

Friday began with a breakfast plenary

featuring NAPABA veterans, Ruthe Ashley

and Paul Lee. The breakfast plenary was

followed by a series of panels with topics

ranging from tips for using social network-

ing sites to examining new health care

legislation. The lunch plenary, sponsored

mock interviews. The lunch plenary, spon-

sored by Allstate Insurance Company, was

a hit with a line-up of NAPABA all-stars

taking part in re-arguing United States v.

Wong Kim Ark, a landmark birthright

citizenship case.

The Saturday evening Anniversary Gala,

sponsored by Mercedes-Benz USA, was

hosted by actress Tamlyn Tomita (The Joy

Luck Club) with entertainment by Indian

dance group, Blue 13. The night continued

with remarks by NAPABA President, Paul

O. Hirose, the installation of the NAPABA

and NAPALSA boards, and presentation of

the Affiliate of the Year Award, NAPABA

Law Foundation scholarship and Thomas

Tang Moot Court Competition winners.

The Gala ended with an inspiring address

with no dry eye in sight from keynote

speaker, L. Tammy Duckworth, Assistant

Secretary for Public and Intergovernmental

Affairs, Department of Veterans Affairs.

The Convention concluded on Sunday

with a community service project where

members contributed funds and participat-

ed in making over 100 Thanksgiving

baskets for needy families. NAPABA is

grateful to everyone who participated in

this project as well as all participants and

sponsors of the Convention. We look

forward to seeing you all again at

NAPABA’s 23rd Annual

Convention on November 16-20,

2011, at the Omni Hotel at the

CNN Center in Atlanta, Georgia.

7

2010 2010Los Angeles

Convention 2010Los AngelesLos AngelesConvention

Convention Summary

2010-2011 President Paul O. Hirose and2009-2010 President Joseph Centeno.

198

[Convention Highlight Photo Collage]

199

[Convention Highlight Photo Collage]

NAPABA 2010 Trailblazer Award Winners

1910

Holly J. FujieBuchatler Nemer

Stuart J. IshimaruU.S. Equal Employment OpportunityCommission

Edward KielCole, Schotz, Meisel, Forman and Leonard

Marty LorenzoDLA Piper LLP

Thanh NgoDistrict Attorney’s Office of Santa Clara County, California

Honorable Peter Sakai225th District Court, Baxter County, Texas

Sharon A. SakamotoAoki & Sakamoto LLP

Christina M. TchenWhite House Office of Public Engagement

Honorable Mikio UchiyamaJustice Court, Fresno County, California(retired)

Tanya A BovéeJackson Lewis LLP

Aney ChandyToys “R” Us, Inc.

Cyndie M .ChangDuane Morris

Kevin F. ChungSony Computer Entertainment America(PlayStation)

Clinton FoySquare Enix, Inc., and Sqaure Enix America Holdings

Paul GrewalHowrey LLP

Emi GusukumaHaas & Najarian

Deborah HongStradley Ronon Stevens & Young, LLP

Eugene LeeAsian Pacific American Legal Center

Michael D. LeePamir Law Group

Albert J. LiZimmer Holdings, Inc.

Patsy Yung MicaleU.S. Department of Homeland SecurityCitizenship and Immigration Services

Ash MishraGeneral Mills

Christian NaCIRCOR International, Inc. (NYSE: CIR)

Raj NatarajanKilpatrick Stockton

Amardeep SinghSikh Coalition

Michelle K. SugiharaLuce, Forward, Hamilton & Scripps, LLP

Bijal V. VakilWhite & Case

Nina Y. WangFaegre & Benson

Alice WongNordstrom

NAPABA 2010 Best Lawyers Under 40Award Winners

1911

represent the interest of South AsianAmerican lawyers, SABA-NC has grown tocommit itself to the local community inand around the Bay Area.

Serving the CommunitySABA-NC has a long record of giving

back to the community. The SABA-NCFoundation supports fellowships to lawstudents aspiring to pursue careers servingthe South Asian community. In 2010,SABA-NC was able to fund six fellows tointern at public interest organizations dur-ing the summer. And more notably are twocommunity events that SABA-NC hosts:free weekly legal clinics and bi-monthly“Know Your Rights” seminars for commu-nity members with legal questions.

SABA-NC members provide free legalassistance at legal clinics held three times amonth at the India Community Center inMilpitas, CA, and at the PakistaniAmerican Culture Center in San Jose, CA.Volunteer attorneys assist communitymembers with issues in various areasincluding family, immigration, employ-ment, bankruptcy, and consumer law.

The SABA-NC “Know Your Rights”seminars are intended to educate the public on issues such as: employment discrimination, wrongful termination, andthe differences between employees andcontractors. These seminars also act as alearning experience for law students andjunior attorneys, whom are trained byexperienced attorneys in preparation foreach seminar.

MembershipSABA-NC has over 400 members

throughout Northern California. Its mem-bers, which also include law students,practice in areas such as public interest,government affairs, and in various privatefirms.

SABA-NC’s Events and MembershipCommittee (EMC) has attracted over 100new members since 2009. The EMC alsohosts monthly social events to retain theinterest of its current members. Twice-monthly newsletters which highlightupcoming events, pro bono trainings, andother opportunities are distributed tomembers by the EMC.

SABA-NC hosted a sold-out NAPABAregional conference in June featuring akeynote address by San Francisco Giants’Managing General Partner WilliamNeukom. Attendees of the conferenceincluded Ninth Circuit nominee GoodwinLiu, the Honorable Lucy Koh, UnitedStates District Judge for the NorthernDistrict of California, and many other APAleaders in the legal profession. Recently,SABA-NC won the bid to host the NASA-BA 2013 Conference, which will celebrateSABA-NC’s 20th Anniversary and the 10thAnniversary of NASABA.

Leading the Way in Civil RightsThroughout the years, SABA-NC’s Civil

Rights Committee has played a vital part inseveral civil rights initiatives, includingvoter outreach, diversity in the legal pro-fession, marriage equality, and establishinga hate crimes hotline in 1998 that providessupport in both English and Hindi.

During the 2008 Presidential Elections,SABA-NC members and volunteers pro-vided legal protection assistance as faraway as Nevada. Their efforts consisted ofvoter registration drives in the South AsianAmerican community and staffing electionprotection hotlines in the greater Bay Area.In Nevada, they joined the LawyersCommittee for Civil Rights Under Law to ensure a fairer election through a bipartisan nationwide effort.

On the diversity front, SABA-NC’s president provided expert testimony on

racial diversity at the American BarAssociation’s Regional Hearing on theState of Diversity in the Legal Profession,being only one of sixteen bar associationsinvited to give such testimony. Along withracial diversity, SABA-NC seeks to promote gender diversity. Last spring,SABA-NC honored local South Asianfemale attorneys and their contributions tothe law. Recipients of this award includedKamala Harris, the first South AsianDistrict Attorney of San Francisco, andShirin Sinnar, Stanford professor and post9/11 national security and immigrationexpert.

SABA-NC took the lead in recruitingminority bar associations to join the BarAssociation of San Francisco’s UnityCoalition to oppose California’sProposition 8. Partnering with Trikone, aSouth Asian LGBT-rights organization,SABA-NC worked on letters-to-the-editorto the local South Asian press, and distrib-uted postcards and posters on the potentialeffects of Proposition 8 on the South Asiancommunity. SABA-NC was the only SABAchapter to take such a stance againstProposition 8 and joined other minority barassociations in submitting an amicus briefin support of Plaintiffs in the Perry v.Schwarzenegger federal Proposition 8 case.

SABA-NC has accomplished numerousendeavors that many have attempted, butfew have achieved. Its commitment tocommunity and the legal profession hasnot gone unnoticed as they pave the trailsfor other bar associations to follow. SABA-NC exemplifies what a leader should be.NAPABA is honored to have awardedSABA-NC the 2010 Affiliate of the Year.

NAPABA’s 2010 Affiliate of the Year: South Asian Bar Association of Northern California (SABA-NC) cont. from page 1

1912

that community members pose (as formergovernor and presidential candidate MikeHuckabee has stated regarding thePakistani community), they can be seen asendorsing policies that call for additionalscreening of South Asian travelers return-ing from trips abroad. Or when an electedofficial calls for law enforcement to pullover and arrest anyone with a “diaper onhis head,” as former Congressman JohnCooksey from Louisiana has remarked, itsends the message that those who wearturbans are terrorists. It should also comeas no surprise that Congressman PeterKing from New York is currently leadingthe charge around hearings in the 112thCongress on the “radicalization” ofMuslim communities, given that he hasstated, “Unfortunately, we have too manymosques in this country. There are toomany people who are sympathetic to radi-cal Islam. We should be looking at themmore carefully. We should be finding outhow we can infiltrate.”

Such statements lend false credence tonegative stereotypes which can in turn leadto an environment that condones the discrimination of community members atschools and workplaces, racial and religious profiling of individuals based ontheir appearance, and bias-motivated violence and harassment.

Recommendations to Policymakers,Public Officials, Political Candidates, andConcerned Community Members

The far-ranging impact of xenophobiaand racism in civic and political life under-scores the need for key stakeholders to callfor their elimination and to instead pro-mote dialogue free of the taint of racial andreligious stereotypes. Community mem-bers and policymakers should also seizethis as a moment to highlight ongoingxenophobic statements, actions, and policies occurring in the public sphere.

Based on our cataloguing of the inci-dents in this report and the impact thatthey have on community members, SAALTpresents several recommendations to keystakeholders, including policymakers,public officials, and political candidates, as well as advocates and concerned community members.

Recommendations to Policymakers, PublicOfficials, and Political Candidates

• Refrain from making statements basedon harmful stereotypes of South Asian,Muslim, Sikh, and Arab American communities or candidates (includingstatements portraying community mem-bers as terrorists, uncivilized, economicscapegoats, or un-American)

• Adopt a no-tolerance policy within polit-ical parties and government agencieswith respect to racist and xenophobicrhetoric

• Take swift action to condemn intolerantrhetoric made by policymakers andpolitical candidates

• Affirmatively issue statements that condemn bias-motivated violence anddiscrimination against South Asian,Muslim, Sikh, and Arab American communities

• Develop relationships and foster dialogues with South Asian, Muslim,Sikh, and Arab American constituents tobetter understand the perspectives,needs, and contributions of communitymembers

• Oppose policies that result in discrimi-natory treatment and profiling of SouthAsian, Muslim, Sikh, and Arab Americancommunities, including unwarrantedscreening of community members by immigration authorities and airlinesecurity officers, and surveillance ofSouth Asian cultural centers and placesof worship

• Support policies that end unequal treat-ment of South Asian, Muslim, Sikh, andArab American communities, includinganti-profiling, anti-discrimination, anti-bias-based bullying, and hate crimes legislation at the federal, state, and locallevels

Recommendations to Advocates and ConcernedCommunity Members

• Track and monitor incidents of xenopho-

bia and racism made by public officialsor political candidates

• Respond to xenophobic rhetoric by writ-ing letters to individuals and/or entitiesresponsible for such statements and seekclarification or an apology

• Write letters to the editor or op-eds in media outlets that have previouslycovered the remarks in question

• Report such incidents to political partiesand organizations such as SAALT

This is an abbreviated version of SAALT’sreport, From Macacas to Turban Toppers: TheRise in Xenophobic and Racist Rhetoric inAmerican Political Discourse.

Priya Murthy is the Policy Director of SouthAsian Americans Leading Together (SAALT)and is the primary author of From Macacas toTurban Toppers: The Rise in Xenophobicand Racist Rhetoric in American PoliticalDiscourse. SAALT is national non-partisan,non-profit organization that seeks to elevate thevoices and perspectives of South Asian individ-uals and communities in order to build a morejust and inclusive society in the United States.For more information about SAALT and todownload the full report, visit www.saalt.org.

From Macacas to Turban Toppers: The Rise in Xenophobic andRacist Rhetoric in American Political Discourse continued from page 5

from state to state is unconstitutional – andcurious. Opponents of illegal immigrationcannot claim to champion the rule of lawand then, in the same breath, propose policies that violate our Constitution.

In the aftermath of the Civil War, mem-bers of the 39th Congress proposed amend-ing the Constitution to reverse theSupreme Court’s notorious 1857 Dred Scottv. Sandford ruling denying citizenship toslaves. The result is the first sentence of the14th Amendment: “All persons born or naturalized in the United States, and sub-ject to the jurisdiction thereof, are citizensof the United States.”

The plain meaning of this language isclear. A foreign national living in theUnited States is “subject to the jurisdictionthereof” because he is legally required to obey U.S. law. (By contrast, a foreigndiplomat who travels here on behalf of aforeign sovereign enjoys diplomatic immu-nity from—and thus is not subject to the jurisdiction of—U.S. law.)

During congressional debates, both proponents and opponents of the citizen-ship clause agreed with this interpretationof the 14th Amendment. For example,Pennsylvania Sen. Edgar Cowan opposedthe clause precisely because it wouldextend birthright citizenship to the U.S.-born children of Chinese laborers andother noncitizens who “owe [the U.S.] no

allegiance [and] who pretend to owenone.”

Tellingly, Cowan’s racially chargedopposition was met with the followingresponse from California Sen. JohnConness: “The proposition before us . . .relates simply in that respect to the children begotten of Chinese parents inCalifornia, and it is proposed to declarethat they shall be citizens. . . I am in favorof doing so. . . . We are entirely ready toaccept the provision proposed in this constitutional amendment.”

Supreme Court precedent further reinforces this view of the 14thAmendment. In 1898, the court held that aU.S.-born child of Chinese immigrants wasentitled to citizenship. In United States v.Wong Kim Ark, it held that the “14thAmendment affirms the ancient and fundamental rule of citizenship by birthwithin the territory . . . including all children here born of resident aliens.”

The court reiterated this view in Plyler v.Doe (1982). The majority held—and the dissent agreed—that the 14th Amendmentextends to anyone “who is subject to thelaws of a state,” including the U.S. - bornchildren of illegal aliens. Likewise, in INS v.Rios-Pineda (1985), the court again unani-mously agreed that a child born to anundocumented immigrant was in fact aU.S. citizen.

Birthright Citizenship and the 14th Amendment continued from page 1

NAPABA will hold its first ever Advocacy Day in Washington, D.C. on May 2-3, 2011. The two-day event

will open with a reception on May 2nd with prominent APAs serving in the Administration and on Capital Hill,

past and present. On May 3rd, NAPABA members will meet with officials in the Administration and on Capital Hill

to advocate for NAPABA’s policy priorities.

We look forward to seeing you on Advocacy Day!

Save the DateNAPABA Advocacy Day

May 2-3, 2011

1913

Opponents of birthright citizenship saythat they want nothing more than a chanceto relitigate the meaning of the 14thAmendment. But if that is so, state legisla-tion is a poor strategy.

Determining U.S. citizenship is theunique province of the federal govern-ment. It does not take a constitutionalexpert to appreciate that we cannot have 50different state laws governing who is a U.S.citizen. As a result, courts may very wellstrike down these state laws without eveninvoking the 14th Amendment. The entireenterprise appears doomed to failure.

Many Americans have sincere concernsabout the rule of law. But there are manytools available to combat illegal immigra-tion. Surely we can do so without wastingtaxpayer funds on a losing court battle,reopening the scars of the Civil War, andoffending our Constitution and the rule oflaw.

Mr. Ho is the former Solicitor General of Texasand a partner with the law firm of Gibson,Dunn & Crutcher. He is also a co-chair of the NAPABA Judiciary Committee.

Reprinted from The Wall Street Journal © 2011Dow Jones & Company. All rights reserved.

1914

Asian themed goods donated by membersand sponsors.

The 2010 NAPABA Convention, INSPIRE,

in Los Angeles saw NAPABA hold its

first ever Community Service Day. With

a subcommittee led by Wendy Chang,

Judy Sethna, and Quyen Tu, NAPABA

solicited food and sundry donations. The

Community Service subcommittee was

assisted by the In House and the Partners

Committee, who raised funding for the

event from individual members as well as

larger monetary donations from Newegg,

Holland & Knight, and the Phillipine

American Bar Association -- Los Angeles.

On Sunday morning, November 21, 2010,

both committees came together, with the

assistance of wonderful NAPABA volun-

teers and their families to assemble 100

“baskets” of food and sundry items, plus a

$50 American Express gift card, that were

donated to pre-screened families in need

by the Asian Pacific American Legal

Center, the Asian Pacific Women’s Center,

the Center for Pacific Asian Family, and the

Orange County Regional Food Bank.

Basket items consisted of a substantial

amount of Asian themed food items, with

donations from Johnson & Johnson,

Newegg, and Wal-Mart. Each basket was

accompanied by a handmade card,

containing a handwritten message from a

volunteer. The morning was a huge

success, and a wonderful way to kick off

the spirit of the holiday season. NAPABA

thanks the volunteers, donors and

sponsors for their assistance in making

this day possible.

1915NAPABA members and their families who helped make the event possible.

Host Committee members and co-chairs helping out.

100 gift baskets were made for needyfamilies in the LA metro area.

NAPABA member, Parkin Lee, writing a personal message to include in the gift baskets.

NAPABA’s FirstCommunity ServiceDay a Huge Success

by Wendy Chang, Judy Sethna, and Quyen Tu

National Asian Pacific American Bar Association1612 K Street, NW, Suite 1400 • Washington, DC 20006Tel. 202-775-9555 • Fax. 202-775-9333 • www.napaba.org

NAPABA 2010-2011 Board of Governors being sworn in at the 22nd Anniversary Gala.

OFFICERS

PresidentPaul O. Hirose

President-ElectNimesh M. Patel

Vice President of Finance & DevelopmentLinda Lu

Vice President of MembershipSumbal Mahmud

Vice President of Programs & OperationsEmily T. Kuo

Vice President of CommunicationsBryce Kunimoto

TreasurerCamilla M. Eng

SecretaryBijal Vakil

Immediate Past PresidentJoseph J. Centeno

REGIONAL GOVERNORS

Northeast RegionJeffrey HsiJin Hwang

Central RegionLawrence “LG” Almeda

Southeast RegionBill Simonitsch

Southwest RegionGeorge Chen

Northwest RegionMichele Wong

Central California RegionCyndie Chang

Southern California RegionTirzah Lowe

Eastern California RegionDanette “Dee” C. Brown

Northern CaliforniaKiran Jain

At-LargeAndrew T. Hahn, Sr.Christopher C. JavillonarEkwan RhowAndrew A. Vu

NAPABA 2010-2011Board of Governors NAPABA 2010-2011Board of Governors