May 8, 2023
Discrimination and prejudice against Asian American and Pacific Islander (AAPI) communities is not a new phenomenon. However, the COVID-19 pandemic has brought with it a surge in anti-AAPI harassment and hate crimes, with some institutions estimating a 124% increase in hate crimes between 2020 and 2021, followed by an even steeper 339% increase between 2021 and 2022.[1]
This exponential rise in anti-AAPI violence has drawn broader attention to a longstanding problem and an increased urgency to take action. Spearheaded by Debra Wong Yang, former partner Robert Hur, Veronica Moyé, David Lee, Betty Yang, Poonam Kumar, Cynthia Chen McTernan, Nicole Lee and many others, Gibson Dunn has responded through work on various fronts, including the founding of the Alliance for Asian American Justice, leadership of task forces and working groups, and representation of victims of anti-AAPI hate across the country.
Section I of this report examines obstacles that stand in the way of accountability from (a) a prosecutorial perspective and (b) from the perspective of victims. Section II highlights the Firm’s efforts, which are ongoing on multiple fronts, and Section III outlines possible paths forward as we continue to combat anti-AAPI hate.
I. Overview of the Problem
Twenty-four million Asian Americans and 1.59 million Native Hawaiians and Pacific Islanders currently live in the United States, according to 2020 Census data.[2] Although there has been increased media attention surrounding the recent spate of anti-AAPI attacks, this present-day phenomenon is only one part of a broader history.
Upticks in racial violence against Asian Americans historically correlate with periods of economic and social upheaval. In 1871, growing anti-Asian sentiment, fueled by fears that Asian immigrants were depressing wages during an economic downturn, led to a massacre of 18 Chinese residents, including a 15-year-old…
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