Abstract

Excerpted From: Taylor Smith, COVID-19: A Xenophobic Pandemic--A Guide to Decrease the Number of Hate Crimes Directed Towards Asian Americans and Pacific Islanders, 25 Loyola Journal of Public Interest Law 107 (Spring, 2024) (167 Footnotes) (Full Document Requested)

“<>,” my ông, grandpa, said to me on a random day in 2020. The world is unfair? What could he possibly mean by this, I thought to myself, struck by the unusual emotion in his voice. I remember this conversation vividly because it was not like one of his typical lectures of him emphasizing my need to be appreciative that I have the opportunity to live in America and achieve all my dreams. It was his tone. As if he was about to cry, something I have never seen my grandpa do. He has this charisma about him-- strong, confident, never vulnerable. He came to America, had thirteen children, and was literally the epitome of the American Dream. But this time, it was different. I could see it in his eyes. I lived with my grandparents up until high school, so I was one of the lucky grandchildren to develop a special bond with my grandpa. He took me to school every day, we prayed every night together, he cooked me breakfast - mama noodles with beef and a little bit of green onion to be exact - every morning. He never verbally expressed he loved me, but I knew he did, just from that. He continued the conversation in Vietnamese explaining what happened to him while he was grocery shopping. He received stares, people pointing at him, and overheard people clearly talking about him. People always assume he cannot understand English, but his English is amazing. He taught himself English, adapted to the Western lifestyle, but people do not appreciate that, and only see the negative in such situations. They discriminate to the point of discomfort, and not your typical definition of discomfort. My grandpa has endured so much from escaping the Vietnam War to immigrating to the United States, his idea of discomfort is far from what I view discomfort to be. He told me he never experienced such discrimination before. I knew he was serious. He would always tell me stories about his experience and racism he would witness living as a Vietnamese man in America, but nothing compared to this. What was different? It was the peak of COVID-19, just a few weeks after former President Trump characterized COVID-19 as the “Chinese Virus” and the “Kung flu.”

My grandpa, my ông, Nguy<>n H<>u Ngôn, did not deserve this. No one does. Whether their race, religion, disability, sexual orientation, ethnicity, gender, or gender identity.

“The last four years were a step backwards in the integration of the Asian American story in the United States,” said Congressman Ro Khanna of California.

On March 11, 2020, COVID-19 was declared a global pandemic. A new wave of challenges emerged, extending far beyond health concerns. On March 16, 2020, former President Trump, in a tweet, referred to COVID-19 as the “Chinese Virus.” This tweet stated: “The United States will be powerfully supporting those industries, like Airlines and others, that are particularly affected by the Chinese Virus. We will be stronger than ever before!” Once former President Trump made this characterization, the hate and xenophobia towards AAPIs intensified significantly.

Within one month of COVID-19 being deemed the “Chinese Virus” by former President Trump, 1,500 hate incidents were reported to Stop AAPI Hate. Stop AAPI Hate is a coalition created by the AAPI Equity Alliance, Chinese for Affirmative Actions, and the Asian American Studies Department of San Francisco State University in response to the increase in anti-Asian sentiment due to COVID-19. Stop AAPI Hate seeks to reduce the number of AAPI hate crimes by collecting “incidents of hate, violence, harassment, discrimination, shunning, and child bullying against Asian Americans and Pacific Islanders in the United States.”

Furthermore, according to the Federal Bureau of Investigation (hereinafter FBI) Hate Crimes Statistics, there were 279 reported anti-Asian hate crimes in 2020. The reported 279 incidents in 2020 marked a staggering 77 percent surge from the previous year. However, it is important to recognize that these figures likely underestimate the true scope of the issue as state law enforcement agencies choose whether to report their hate crime statistics to the FBI.

With the COVID-19 Hate Crimes Act passed in 2021, made specifically to combat the hate AAPIs were receiving due to COVID-19, it would seem as though these numbers would be significantly lower as the years progressed. However, that has not been the case. Between the years 2020 and 2022, there were 11,500 hate incidents directed towards AAPIs reported to Stop AAPI Hate. This number will continue to grow if we do not take steps to make meaningful changes.

Hate crimes and hate incidents affect not only the victim but also their surrounding community. Thus, this Comment seeks to provide various solutions to decrease the number of hate crimes directed toward AAPIs. To do so, Section I will distinguish hate crimes, hate incidents, and terrorism. Section I will continue by examining current hate crime legislation and regulations. Specifically, Section I will look at the discrepancy of what constitutes a hate crime on a state-by-state basis, the problems with the current federal hate crime laws and regulations and will look in depth at the COVID-19 Hate Crimes Act. Next, Section II will provide a wide range of remedies and solutions to this issue, such as enacting a federal law that provides a definition for what is a hate crime in the United States. There needs to be clear criteria of what constitutes a hate crime on the federal level if we want to solve this issue, not only for AAPIs, but for every group who has been a victim of a hate crime in the United States However, to achieve such a goal, the federal government, state and local governments, and citizens of America must work together to solve this issue. Third, Section III will delve into the history of the abuse and prejudice towards AAPIs, the model minority stereotype, and the current state of the prejudice directed towards AAPIs post-COVID-19. Although this issue has existed for many years, the “model minority” stereotype has allowed America to suppress anti-Asian sentiment. Finally, this Comment will conclude with final suggestions and actions that can be taken by a layperson to ensure that these hate crimes and incidents are not a persistent problem in society.

[. . .]

“On October 2, 2006, I was a hate crime victim. I survived my hate crime. The pain will still be with me for a long, long time; but my healing process is that of reaching out to others and letting them know they're not alone[,]” said Nina Timani, a victim of a brutal hate crime.

Individuals should not be targeted because of their race, religion, disability, sexual orientation, ethnicity, gender, or gender identity. These characteristics are immutable. No individual should suffer because of something they cannot change. Yet, hate crimes and incidents have been deeply rooted in history and, unfortunately, still happen in society today. Hate crimes and incidents leave a lasting scar on individuals and communities. Despite efforts through laws and regulations, the problem of hate crimes still remains unresolved.

Before addressing solutions to decrease the number of hate crimes directed towards AAPIs, it is necessary to look at ways to decrease the number of hate crimes directed at all biased categories. A federal law should be passed that makes reporting hate crimes mandatory for states. Making reporting mandatory will allow the federal government to have a deeper understanding of trends to provide meaningful solutions to this issue. Additionally, this law should incentivize states to provide law enforcement officials with training on how to identify and address a hate crime through federal grants. However, this grant should be conditioned upon requiring states to report hate crime statistics to the federal government.

As for AAPIs, there is room for improvement in the COVID-19 Hate Crimes Act. First, and most importantly, it is important to delve into the history and factors contributing to the abuse and prejudice against AAPIs. By understanding this, there can be an actual solution tailored to AAPIs. Second, this act needs to be more specific by identifying which languages will be provided to victims trying to report crimes online or through hotlines. Lastly, this act should ensure that grant recipients possess a deep understanding of the challenges AAPIs endure.

Admittedly, these solutions will not completely solve hate crimes and incidents, but these solutions will allow us to keep moving forward in the right direction.

Taylor Smith is a J.D. candidate at Loyola University New Orleans College of Law.