U. S. Commission on Civil Rights Delivers Report to the President and Congress: The Federal Response to Anti-Asian Racism in the United States

Highlights Violence Against LGBTQ Asians

On Wednesday, September 27, 2023, the U.S. Commission on Civil Rights delivered its 2023 statutory enforcement report, The Federal Response to Anti-Asian Racism in the United States, to The President and Congress. The report examines the federal government's role in documenting, prosecuting, and preventing hate crimes against persons of Asian descent during the COVID-19 pandemic. The full report is available on the Commission's website at https://www.usccr.gov/reports/annual-statutory-enforcement

The Commission also found that bias incidents against individuals who are both Asian and lesbian, gay. bisexual, transgender or queer (LGBTQ) were prominent between 2019 and 2022, highlighting the intersectional nature of these incidents. Excerpts attached.

Commissioner Glenn D. Magpantay, the only Asian Pacific Islander currently serving on the Commission and the first LGBTQ Asian Commissioner since President Eisenhower created the Commission in 1957, said "I am the survivor of a hate crime for being gay from 25 years ago and the victim of a hate crime for being Asian from 25 months ago."

Since 1988, Commissioner Magpantay had lobbied for passage of LGBTQ-inclusive federal and New York State laws to prevent hate crimes. Since 2001, he had supported South Asian and Muslim victims of post 9/11 violence. And since the shootings at Pulse Nightclub in Orlando, FL in 2016 and Atlanta Spa in Georgia in 2021, he trained over 3,000 lawyers on hate crimes law.

"I am proud to have worked on the United States of America's official, congressionally authorized, report on what's been happening to our community since the dubbing COVID19 as the 'China Virus' inflicting people with the 'Kung Flu'. Words matter, as this report shows."

The bipartisan Commission recommended that:

* Prosecutors and law enforcement should vigorously investigate and prosecute hate crimes and harassment against Asian Americans.

* First responders should be trained to understand what exactly constitutes a hate crime in their jurisdiction.

* Federal, state, and local law enforcement and victim services should identify deficiencies in their programs for individuals with limited English proficiency.

Commissioner Magpantay said that, "Greater language access will make an enormous impact for the Asian American community." One in five Asian Americans speak a language other than English at home.

Commissioner Magpantay, thanked Senate Majority Leader Chuck Schumer (who had appointed Commissioner Magpantay earlier this year), and Congresswoman Grace Meng for their leadership in addressing hate crimes. He noted that the COVID19 Hate Crimes Act of 2021, which the report discusses in detail, passed with overwhelming bipartisan support. 94-1 in the Senate and 364-62 in the House.

As part of the Commission's year-long examination, the Commission held a public briefing on March 24, 2023, with subject matter experts such as government officials, academics, policy experts, law enforcement professionals, advocates, and impacted persons. The Commission also accepted written materials from the public for consideration in the final report.

The U.S. Commission on Civil Rights, established by the Civil Rights Act of 1957, is the only independent, bipartisan agency charged with advising the President and Congress on civil rights and reporting annually on federal civil rights enforcement.