SABA North America’s Statement regarding DHS’ Final Rule on H1-B Modernization

December 17, 2024

FOR IMMEDIATE RELEASE

Last December, SABA North America joined a multi-sector comment on the proposed regulatory changes on the specialty occupation and position criteria published in the H-1B Modernization Today, the DHS announced a final rule consistent with what SABA North America and 73 other organizations requested in our formal comment. This decision modernizes the H1-B program by streamlining and increasing the flexibility of the approval process, adhering to U.S. worker protections under the law, and reducing unnecessary burdens on employers—all of which will contribute to strengthening our economy.

SABA North America’s VP of Advocacy remarked on the occasion:

“SABA applauds the finalization of the H-1B Modernization rule, a crucial step towards a more efficient, predictable, and reliable H-1B visa program. This rule is a significant win for high-skilled foreign workers and U.S. competitiveness, streamlining the process for attracting and retaining top global talent critical to our nation's economic growth. By reducing unnecessary delays, supporting key research initiatives, and strengthening program integrity, this modernization effort ensures the H-1B program remains a vital tool for securing the skills that will drive America's future success.

SABA is proud to have played a role in this process by joining a multi-sector coalition in submitting formal comments to USCIS. This collaborative effort brought together diverse perspectives from higher education, business, science, policy, and economic development organizations to ensure the final rule reflects the needs of a wide range of stakeholders invested in America's continued success.”

View a pdf of the statement here

SABA North America's Statement Regarding the Confirmation of Sharad Desai

November 21, 2024

FOR IMMEDIATE RELEASE

Today, the United States Senate confirmed Sharad Desai to the U.S. District Court for the District of Arizona. Notably, Mr. Desai holds the distinction of being the first South Asian U.S. District Court Judge for the District of Arizona.

SABA North America wholeheartedly applauds this historic appointment.

Since 2023, Mr. Desai has been serving as Vice President and General Counsel for Honeywell International’s Integrated Supply Chain and Information Technology divisions in Phoenix, Arizona. His legal career has been marked by significant achievements, starting as an associate attorney at Osborn Maledon, P.A., in Phoenix, Arizona, from 2007 to 2015. Subsequently, he rose through the ranks and became a partner at the same firm.

Prior to his legal career, Mr. Desai honed his skills as a law clerk for Justice Rebecca White Berch on the Arizona Supreme Court from 2006 to 2007. He then pursued his legal education, earning his J.D. from New York University School of Law in 2006 and his B.A. and B.S. from the University of Arizona in 2003.

A dedicated member of the South Asian Bar Association of Arizona, Mr. Desai has earned a reputation for his expertise and commitment to the legal community in Arizona. With over 17 years of experience spanning both federal and state courts, Mr. Desai has consistently demonstrated his ability to engage in high-level legal analysis, writing, and oral communications.

We are proud to have endorsed Mr. Desai and are confident that his extensive experience, unwavering commitment, and unique perspective will be an invaluable asset to our judiciary.

As Keerthi Sugumaran, SABA North America’s President remarked:

“SABA North America is thrilled by the news of Sharad Desai’s historic appointment. Mr. Desai’s impressive resume, varied experience, and South Asian background adds an important and diverse perspective to the judiciary. We are excited to follow his continued success and accomplishments.”

View a PDF of the statement here

SABA North America's Statement Regarding the Confirmations of Judge Mustafa Kasubhai & Mr. Amir Ali

November 21, 2024

FOR IMMEDIATE RELEASE

This week, SABA North America celebrates two historic appointments that highlight the continuing progress toward a more diverse and inclusive judiciary.

First, we applaud Judge Mustafa Kasubhai’s confirmation to the U.S. District Court for the District of Oregon. Born to Indian immigrants, Judge Kasubhai was the first Muslim American judge to serve on the federal bench as a magistrate judge in 2018. He is now making history again as the first Muslim American and first Asian American judge to be serving on the federal courts in the District of Oregon. Judge Kasubhai’s journey, from practicing civil law to his distinguished career on the Oregon Workers’ Compensation Board and as a circuit judge, is a testament to his dedication to fairness and justice.

As SABA President, Keerthi Sugumaran remarked:

“We are proud of Judge Kasubhai's recent confirmation. He is an accomplished jurist and a founding member of SABA Oregon. His appointment also ensures that the judiciary continues to reflect and represent the rich diversity of Oregon.”

Similarly, we congratulate Amir Ali on his confirmation to the U.S. District Court for the District of Columbia. This historic appointment makes Mr. Ali the first Arab American and the first Muslim U.S. District Court Judge to serve on this esteemed court. In his previous roles, Mr. Ali has demonstrated a commitment to advancing legal and civil rights. As the president and executive director of the Roderick & Solange MacArthur Justice Center, he spearheaded efforts to protect the rights of individuals involved in the criminal justice system.

As SABA Executive Director, Mona Shah remarked:

“I am thrilled to celebrate Mr. Amir Ali's confirmation to the U.S. District Court for the District of Columbia. His dedication to advancing legal and civil rights exemplifies the commitment the judiciary needs to navigate contemporary challenges thoughtfully and fairly. His historic appointment to this court not only heralds progress but also enriches the judicial landscape with invaluable perspectives. Mr. Ali’s distinguished record, including pivotal cases like Atkins v. Virginia, illustrates his profound capacity to uphold justice and equality. This milestone is a monumental step towards a judiciary that truly mirrors our nation's diverse and vibrant tapestry.”

These often-underrepresented perspectives are essential to our judiciary, as they foster greater trust in our courts, enhance judicial decision-making, and bolster the strength of our democracy.

View a PDF of the statement here

SABA North America’s Statement regarding the 2024 Presidential Election

November 6, 2024

FOR IMMEDIATE RELEASE

On Tuesday, American voters elected Donald J. Trump as the 47th President of the United States.

This election cycle was a divisive one, filled with uncertainty and anxiety about the future of our nation and democracy. As a non-partisan organization of legal professionals with affiliations across the political spectrum, SABA North America is committed to working with President Trump and his administration to ensure that the voices of our members are heard on a broad range of policy issues impacting the South Asian community, from racial justice and immigration to religious discrimination, reproductive rights, and the rule of law.

These issues, which were at the forefront of South Asian voters in this election, will undoubtedly remain key policy issues for the upcoming administration. SABA North America will continue its advocacy efforts by continuing the following:

1. Pushing for comprehensive immigration reform, as it did in December 2023 when it submitted its comments to USCIS’s proposal for improving the H-1B program and registration process under the Biden-Harris Administration.
2. Lobbying for reproductive justice freedoms, an issue that uniquely affects Asian American and South Asian American women; and
3. Advocating for key endorsements and nominations of qualified South Asian attorneys to the judiciary, including the U.S. Supreme Court.

SABA remains steadfast in its support of our members and members of the South Asian community to exercise their fundamental rights and liberties under the Constitution. SABA continues to work with its chapters and community partners to ensure that the rights and liberties of its members and the South Asian community are protected.

For more information on SABA’s Advocacy initiatives, please visit https://sabanorthamerica.com/advocacy/. For any inquiries regarding endorsements from SABA North America to serve as a judicial nominee or political appointee, please contact Mona Shah at executivedirector@sabanorthamerica.com.

View a PDF of the statement here

Sixty Years Later, DEI Advances the Ongoing Work of the Civil Rights Act of 1964

Bar Association Presidents from Across the Nation Call on Leaders to Double Down on DEI

As presidents of the nation’s largest diverse national bar associations, we invite general counsel, law firm managing partners, leaders of government and nonprofit legal services organizations, and law school deans to stand with us as we fight for justice and opportunity for all. Your support and partnership are even more critical now given the attacks on diversity, equity, and inclusion (DEI) from some segments of our country. As lawyers, we are guardians of the rule of law and leaders in our communities and in local, state, and federal government. For these reasons and more, we ask that you continue to be strong advocates for DEI in our profession. Our work and efforts can also support the importance of DEI more broadly.

Honoring the Legacy of the Civil Rights Act of 1964

This year marks the 60th anniversary of the Civil Rights Act of 1964. This sweeping Act did more to bring us closer to our ideals, that we are all are created equal, than any other legislation in our history, and it set the groundwork for landmark legislation that followed it such as the Americans with Disabilities Act (ADA). Although many Americans today might take for granted the significance of passing this legislation, it was a hard- fought victory. Most of us recall Dr. Martin Luther King, Jr.’s address at the 1963 March on Washington for Jobs and Freedom. His reference to “the fierce urgency of now” was intended to push President Kennedy and Congress to move on the stalled legislation. When the legislation finally passed, close to thirty percent of the House of the Representatives and the Senate voted against it. It is not lost on us that many of the states now passing anti-DEI legislation also included the bulk of the Representatives and Senators who opposed the Civil Rights Act of 1964.

Progress Through Partnership

As a nation, we have made significant progress in the past 60 years because of the blood, sweat, and tears of those who have come before us. In the past and continuing to this day, there have been Americans of goodwill who believe that we are a better nation when all Americans can aspire to their highest ambitions, including becoming President of the United States.

DEI is Consistent with the Spirit of the Civil Rights Act of 1964 and Essential in Today’s Workplace

Although some claim that DEI initiatives are illegal or unconstitutional, the vast majority of DEI initiatives are designed to increase access and opportunity, while minimizing bias and barriers. The work is fully consistent with the spirit and intent of the Civil Rights Act of 1964. It also brings greater meritocracy to our workplaces. How can there be meritocracy in workplaces if there are insufficient efforts to recruit exceptional talent from all communities, or when there is unintended bias in our processes related to hiring, work assignments, and promotions, or when some people have greater access to formal and informal networks that result in greater opportunities? These are just some examples of issues that DEI efforts are designed to address. Again, the overwhelming majority of DEI efforts are not only legal, but essential in today’s workplace. This is why it is critical to stand firm on the importance of DEI and be strong advocates in your corporations, law firms, and universities.

Progress, but Much Work to Be Done

Although we have made progress, there is still much work to do. According to the US Census Bureau and 2023 Gallup polling, communities of color presently represent about 41% and LGBTQ+ people represent about 7.6% of the US population. Individuals with disabilities currently represent more than one in five Americans.  But recent studies from the American Bar Association, Minority Corporate Counsel Association, and the National Association for Law Placement (NALP) show that people of color only account for about 21% of lawyers in the US, 15% of Fortune 1000 general counsels, and 12% of law firm partners; likewise, LGBTQ+ people only account for 4.6% of lawyers in the US, and 2.6% of law firm partners. Individuals with disabilities account for only 1.4% of the legal profession and 1.1% of law firm partners.  Further, according to studies from the American Bar Association and NALP, women comprised almost 50% of law school classes in 2000, yet today, women comprise less than 28% of law firm partners.  Looking at these numbers, it’s impossible to conclude that we’ve achieved the type of success that would warrant pulling back on our efforts simply because there is opposition. Those who came before us faced even greater opposition and hostility. We owe it to them and those who are coming behind us to keep working to ensure a fairer workplace and more just nation.

Allying Together for Greater Equality, Access, and Opportunity for All.

Finally, there is an economic argument for supporting DEI. When all our communities do well, we have more people contributing to the economic growth and prosperity of our country. A rising tide lifts all boats. Whether our ancestors were this country’s indigenous people, or pilgrims on The Mayflower, or kidnapped Africans on slave ships, or freedom-searching immigrants arriving at Ellis Island or Angel Island, or any of the many others seeking refuge and a new life in a new land, we are all in the same boat now. We are all Americans. Our country is already one of the most diverse nations in the world, and it will continue to become even more diverse. And the exceptional achievements of our country, economically, militarily, and socially, are the result of people from all over the world who have come here and made this country home. As we move forward together, we can show the world what a pluralistic democracy can accomplish. Now is the time for leaders and people of goodwill to stand together for greater equality, access, and opportunity for all. Together we can ensure that America lives up to its ideals, where all people are created equal and have the opportunity to achieve the American dream.

Read a PDF version of the statement here

SABA North America congratulates Vice President Kamala Harris on securing the Democratic nomination for President of the United States. The nomination in and of itself is historic, as she is the first South Asian and first woman of color to earn the nomination of President for any major political party in the history of the United States.

A daughter of immigrants, Vice President Harris has been a trailblazer at all steps in her career. She was the first South Asian and first Black woman to become Attorney General of California and the first South Asian to serve as a U.S. Senator. Likewise, as Vice President, she is the first South Asian and first Black person to hold this position.

As a long-time SABA Northern California member and a speaker at the 2007 and 2013 SABA North America conferences, we are grateful to Vice President Harris for her contributions to SABA North America and look forward to the historic path she paves for the South Asian community. Keerthi Sugumaran, SABA North America President, noted: “Vice President Harris’s historic and groundbreaking nomination will pave the way for South Asians seeking leadership positions for generations to come. We are proud of her accomplishments to date and applaud her profound impact on the South Asian community.”

But it is not simply Vice President Harris’ ethnic background that makes this an important election for the South Asian community. For roughly two decades, Asian American voters have been the fastest-growing group of eligible voters in the United States. In fact, a projected 15 million Asian Americans will be eligible to vote in the upcoming elections. And this election cycle has seen a surge of South Asian representation at all levels of government. We anticipate that South Asian voters will have a significant impact on the upcoming election, especially given the importance of key issues like immigration, reproductive justice, and judicial appointments.

Immigration will no doubt play a central role in the upcoming election. Significantly, the 2024 Asian American Voter Survey found that immigration is one of the key issues driving Asian American voters, particularly because immigration policies uniquely impact the Asian American and South Asian communities. In the last few years, SABA North America has stepped up our advocacy efforts by advocating for comprehensive immigration reform and working with Senators and Congressional members, on both sides of the aisle, to find common ground. In December 2023, SABA North America submitted its comments to USCIS’s proposal for “Modernizing H-1B Requirements, Providing Flexibility in the F-1 Program, and the Program Improvements Affecting Other Nonimmigrant Workers.” We also joined a comment, along with 73 other organizations, regarding the same. In part due to these efforts, we saw real and impactful changes to the H-1B program and registration process under the Biden-Harris Administration.

Like immigration, we expect that reproductive rights will be a critical issue in state and federal elections and, once again, an issue that uniquely impacts Asian American and South Asian American women disproportionately. Indeed, recent studies found that Asian American women are genetically and environmentally predisposed to infertility. In the aftermath of the Dobbs decision, however, eighteen states have banned nearly all abortions, threatening much needed access to fertility treatments. That is why consistently for the past few years, SABA North America has advocated for and lobbied for the passage of bills that would protect reproductive justice freedoms for all women in the United States.

Finally, with respect the upcoming Presidential election, our next President will continue to shape the face of the federal judiciary, including the U.S. Supreme Court. Significantly, SABA North America has actively fought for key endorsements and nominations of qualified South Asian attorneys to the bench, including the historic nominations and confirmations of Judge Zahid Quraishi, the first Muslim to sit on a federal district bench and Judge Nusrat Choudhury, the first Muslim woman to serve as a federal judge, among others. Under the current administration, we recognize that there has been greater diversity (both ethnically and in gender) for judicial nominations and confirmations than we have ever seen before in U.S. history. We commend these actions and will continue to fight for the same in the years to come.

This election is an important election, and it is equally important that all in our community get out and vote. We recognize that Vice President Harris has been a great advocate for immigration reform and reproductive justice and has contributed significantly to the diversification of the judiciary. We thank Vice President Harris for her advocacy, especially given the importance of these issues to the South Asian community and congratulate her on this historic nomination!

Read a PDF version of the statement here

Dear Chairman Durbin and Ranking Member Graham:

The South Asian Bar Association of North America (“SABA”) and its undersigned chapters write to enthusiastically voice their support for the appointment of Adeel Mangi, Esq. to serve as a United States Circuit Judge on the United States Third Circuit Court of Appeals.

Having primarily practiced throughout his career in New York and New Jersey, Mr. Mangi is highly qualified to serve on the Court. During his 23-year career at a prominent law firm, he has litigated cases throughout the country in state and federal courts. Mr. Mangi has been lauded by many organizations with recognition, including Benchmark Litigation’s listing of “Top 100 Trial Lawyers” in the U.S., BTI Consulting Group’s “Client Service All-Star” award, and New York Law Journal’s “Rising Star” designation. In addition to Mr. Mangi’s prolific work on complex commercial litigation matters, he is a staunch advocate of civil rights who has litigated on behalf of religious communities and the LGBTQ community.

Recent media reports suggest that there may not be enough votes in the Senate to confirm Mr. Mangi, who is poised to become the first Muslim-American to serve on any federal appeals court. It is in this context that we express our concern about recent questioning by members of the Senate Judiciary Committee at Mr. Mangi’s confirmation hearing. During the hearing, a few short weeks after the horrific October 7th attack by Hamas in Israel, Mr. Mangi was asked to affirmatively denounce the Holocaust and Hamas. He was further asked about how he “celebrates” 9/11. This line of questioning that some members of the Committee subjected Mr. Mangi to was beyond the pale and deeply troubling.

These segments of the confirmation hearing reduced the assessment of Mr. Mangi, an attorney of preeminent skill and qualification, to an unwarranted questioning of his bona fides as an American. Plainly, it is inexcusable that Mr. Mangi, who has advocated throughout his career for the religious freedoms, would have doubt cast upon him because of his background as a Pakistani Muslim American. At base, we call for a greater sense of decorum from those Senate Judiciary Committee members who took part in the offensive questioning. We further call on the broader Senate to fairly consider Mr. Mangi’s experience, ability, and temperament, and swiftly confirm his appointment to the Court.

At SABA, we have come to know Mr. Mangi through his steadfast commitment to professional excellence. His selection as Circuit Judge would be profoundly meaningful to the South Asian population across the country and the legal professionals within it. We are proud to support him.

Read a PDF version of the statement here

FOR IMMEDIATE RELEASE

As members of the Bar—indeed, as Americans—we have a duty to call out blatant bigotry exhibited and orchestrated by those in the highest levels of power and who claim to represent us and our American ideals. As the South Asian Bar Association, we especially have a duty to call out that bigotry when it is directed against one of our own.

Adeel Mangi has been nominated by President Biden to serve on the United States Court of Appeals for the Third Circuit and, if confirmed, Mr. Mangi would be the first Muslim-American judge on any federal appellate court in the country. The Senate Judiciary Committee Hearing on his (and others’) nomination occurred on December 23, 2024.

Mr. Mangi is an ideal candidate for the Third Circuit. Over his 23-year career at a prominent law firm, he has litigated cases in 24 different states, in both state and federal court and at the district court and appellate levels. His work has included numerous complex commercial litigation matters as well as civil rights cases on behalf of religious communities relating to LGBTQ rights and unlawful surveillance. Mr. Mangi has been decorated with many accolades including Benchmark Litigation’s listing of “Top 100 Trial Lawyers” in the U.S., BTI Consulting Group’s “Client Service All-Star” award, and New York Law Journal’s “Rising Star” designation, among others.

Mr. Mangi’s life is emblematic of the American dream. Born in Karachi, Pakistan, he emigrated to London and then the United States to pursue his education at Oxford and Harvard Law School. He became a citizen. He and his wife are raising two sons here. Unfortunately, his wife and sons were in the audience to witness the disgraceful behavior of three U.S. Senators, whose questioning had nothing to do with Mr. Mangi’s qualifications or anything Mr. Mangi has said or done personally. Rather, their questions had everything to do with the fact that Mr. Mangi is not white and not Christian, like his inquisitors. At the hearing, Senator Ted Cruz (R-TX) questioned, “Do you condemn the atrocities of the Hamas terrorists?” And Senator John Neely Kennedy (R-LA) asked of Mr. Mangi, “Is this the way you celebrate 9/11?” And even after Mr. Mangi had unequivocally repeated his opposition to terrorism and anti-Semitism Senator Josh Hawley (R-LA) went in for perhaps the cheapest shot, asking Mr. Mangi—a man who has defended religious groups across the spectrum—whether he condemned the Holocaust.

And make no mistake, there is no way to read that hostile questioning as anything but religious and racial bigotry. The South Asian Bar Association of North America was born after 9/11 due to the extreme hate and violence against the South Asian community. Twenty-three years later, it is disappointing to see how little progress our country has made on that front. The questioning of Mr. Mangi and repeated requests that he denounce is just another example of attempts to “other” a person of South Asian descent, to suggest—in front of his wife and children, no less—that regardless of his many contributions to American society and to the rule of law and sense of justice that we claim as Americans to cherish, Mr. Mangi and his family, like the rest of us, will never be “real” Americans.

Recent news articles have reported that Mr. Mangi may not be confirmed by the Senate, at least in part due to the bigoted questioning by these Senators. The South Asian Bar Association of North America condemns bigotry in all its forms, and we will not stand for bigotry in the Senate any more than we would stand for it in our streets. That Mr. Mangi had to face this abhorrent questioning while being questioned about whether he could be a fair, impartial judge is the height of hypocrisy. Senators Cruz, Hawley and Kennedy should be ashamed.

Mr. Mangi is an extremely qualified lawyer, and his confirmation should be based on his qualifications, not his religion or race. We applaud the numerous organizations that, in the face of these baseless attacks, have stood up to support Mr. Mangi and denounced the bigoted questioning of his candidacy, including leading Jewish-American organizations like the Anti-Defamation League and the National Council of Jewish Women. SABA North America urges the Senate to show the fairness and impartiality that it expects of the judicial nominees it evaluates and to swiftly confirm Mr. Mangi to the Court.

Read a PDF version of the statement here

Submitted via Regulations.gov

Charles L. Nimick, Division Chief

Business and Foreign Workers Division

U.S. Citizenship and Immigration Services

U.S. Department of Homeland Security

5900 Capital Gateway Drive

Camp Springs, MD 20746

Dear Division Chief Nimick,

The undersigned associations, coalitions, institutions, firms, and groups represent, and are representative of, the Business, Science, State and Local Economic Development, Higher Education, and Policy sectors. We come to you jointly to express our serious concerns about the new proposed changes to sections 214.2(h)(4)(ii) and (iii) in Title 8 of the Code of Federal Regulations. These are the proposed regulatory changes on the specialty occupation definition and position criteria published in the H-1B Modernization Notice of Proposed Rulemaking (88 Fed. Reg. 72870 at 72959-60) on October 23, 2023.

Despite differences in priorities, sector, and membership, each signatory has found that high-skilled immigration is a key component of the ongoing ability of the United States to continue to innovate and create jobs. It is that agreement in perspective that drives our shared fear about the specialty occupation definition and criteria for specialty occupation positions described in the agency’s NPRM, which impact all H-1B petitioners and status holders. As proposed, the new specialty occupation approach will create uncertainty for H-1B professionals (whether they are entrepreneurs, technologists, or in other specialty occupations) and their dependent family members; international students at U.S. higher ed institutions who are assessing their opportunity to seek H-1B status in the future; and employers in both academia and industry, including all cap-exempt petitioners. i We say this even though we welcome the new regulatory subsection that establishes as binding for adjudicators that what is normally required to perform the job duties of a position does not equate to an “always” requirement.

The agency’s long-standing approach has been that the H-1B petitioning employer is responsible for proving the connection between the beneficiary’s course of study and the offered job duties, as well as proving that the latter requires the former. However, in the agency’s rewording in the H-1B Modernization NPRM, USCIS’s effort to codify these standards has gone awry. Specifically, USCIS:

1. Inappropriately added a separate element of proof on a “direct relationship” between studies and the offered job; and
2. Mistakenly substituted the degree label instead of the necessary focus on the course of study

The regulatory text proposed by USCIS on specialty occupation definition and criteria for specialty occupation positions would permit an era of adjudications where the agency no longer focuses on job duties and courses of study as the controlling statute requires. While imperfect, data from the Department of Labor’s PERM Labor Certification program suggest that large numbers of H-1B professionals and their employers would be negatively impacted by the change the agency proposes.

The PERM data show that a large percentage, more than 20% of H-1B holders that have employers sponsoring them for green card status through Labor Certification, hold jobs that USCIS has confirmed are specialty occupations where (a) the minimum requirements are the type of knowledge obtained through completion of any engineering degree or (b) they entail job duties for which a business administration degree is expected. ii These are among iii the H-1B beneficiaries that could be excluded under the regulatory text and NPRM preamble proposed by USCIS – belying the agency’s suggestion that it is merely proposing regulatory text that codifies current practice. Specifically, for the five year period FY2019-2023, there were 21,694 PERMs approved on behalf of H-1B holders for jobs accepting any kind of engineering degree as the minimum requirement. This was 12 percent of all PERMs certified for H-1B recipients in the period. From FY2019-2023, there were also 21,883 PERMs (also 12 percent) approved on behalf of H-1B status holders for jobs accepting a business degree to satisfy education requirements.

The New “Directly Related” Degree Mandate Must Be Abandoned

In today’s hiring, it is often indispensable to select professionals with complementary specialties to form diverse, interdisciplinary teams. This practice is important in academia, but also across industry – particularly in emerging science and technology fields, like artificial intelligence (AI) and quantum technologies.

Further, AI and quantum, among others, are clear examples of how emerging technologies change much faster than degree programs. And, such technologies change much faster than our conventional understanding of what fields are directly related to such emerging technologies. USCIS’s proposal on specialty occupation (definition and position criteria) makes it less likely, if not impossible, for the mandates of section 5.1 of recent Executive Order 14410 iv to be satisfied, particularly those provisions directing the Department of Homeland Security to facilitate the attraction and retention of foreign-born STEM experts working in AI and other critical and emerging technologies.v

In studying the AI workforce, experts have found that primary degrees required for core AI job duties are business administration, computer science, engineering, mathematics, and statistics.vi Yet, USCIS has chosen to provide an example in the preamble explanation of the NPRM cautioning employers about requiring the type of quantitative and problem-solving skills developed in an engineering degree as unlikely to be “directly related” to a qualifying H-1B position, and has proposed codifying in regulation that business administration studies should not be expected to qualify for H-1B status. The proposed changes would create unnecessary hurdles for employers engaging in on-campus recruitment in the U.S. where international students account for more than 50% of graduate engineering degrees vii and numerous international students complete a Master of Business Administration or Bachelor of Business Administration. viii

Moreover, though, AI is applicable in many endeavors such as weather forecasting, medicine, logistics, and agriculture, and in order to integrate AI into these fields, companies need to hire people with field-relevant expertise, rather than just the core jobs which create the AI application itself. In fact, 89 percent of new hiring in AI is for the positions that integrate AI into other adjacent fields ix that may or may not be presumed to be “directly related” by a USCIS adjudicator.

Adding a new direct relatedness requirement to H-1B adjudications can only serve to create uncertainty and complexity for employers creating their interdisciplinary teams. This change is not best described as a mere continuation of the agency’s long-time requirements.

Our request: Strike as a separate requirement in the new H-1B rule that a specialty occupation requires proof that a degree is “directly related” to the position, by omitting the words “directly related” in the definition of Specialty Occupation at 8 CFR 214.2(h)(4)(ii) and from the Position Criteria Requirements at 8 CFR 214.2(h)(4)(iii)(A)(1)-(4).

References to Degrees and Positions Should be Reworded to Focus on Courses of Study and Job Duties

As written in the H-1B Modernization NPRM, the new phrasing for the specialty occupation definition and criteria for specialty occupation positions is not precisely equivalent to the agency’s long-established interpretation. Instead, it sets up an impractical standard for employers. The H-1 visa classification has existed for over 70 years to allow U.S. employers to hire professionals born outside our country working in an occupation that typically requires the type of knowledge only obtained through completion of a university course of study.x

USCIS explains in the new NPRM that referring to the title of the degree is only for “expediency” and that the agency separately evaluates the beneficiary’s actual course of study, “rather than merely the title of the degree.” This practice, if followed, would be consistent with university practices in reporting degrees conferred.xi USCIS further states that while some fields of university study may be more generalized than others, the degree’s label cannot determine how general the course of study is. USCIS states in the NPRM preamble that as part of the H-1B adjudication, the agency looks at whether the individual has completed a minor, major, concentration, or specialization of courses related to the position offered by the employer.xii

Nevertheless, USCIS has now proposed a binding regulation that will guide adjudicators for decades to come, over many different presidential administrations, that specifically refers to “degrees” and “positions” in ways that fail to accurately capture the contours of preexisting agency practices. The agency can achieve its goal through revised regulatory text that communicates that adjudicators are required to examine the job duties of the position offered by the employer and the courses completed in a degree-granting program (U.S. baccalaureate or higher, or equivalent) to confirm that a specific body of knowledge is required to perform the job duties and that the beneficiary has attained that body of knowledge.

The agency should of course refer to “degrees” or “positions” where necessary to correctly restate the statutory standard, but in an effort to modernize the regulatory text, the agency should explain USCIS’s longstanding practices by excluding references to specific degrees (such as business administration) and adding references to courses of study and job duties.

The new subsection (5) on criteria for specialty occupation positions, that establishes once and for all that what is normally required to perform the job duties of a position does not mean always, is welcomed and is fully consistent with the agency’s longstanding practices as well as the revisions we suggest.

Our request: Strike references that identify particular types of degrees or courses of study as being too general in the Specialty Occupation definition at 8 CFR 214.2(h)(4)(ii); where appropriate substitute “job duties of the position” or “job duties” for references to “the position” in the Specialty Occupation definition at 8 CFR 214.2(h)(4)(ii) and Position Criteria Requirements at 8 CFR 214.2(h)(4)(iii)(A)(1)-(4); where appropriate add course of study for “degree” references in the Specialty Occupation definition at 8 CFR 214.2(h)(4)(ii) and Position Criteria Requirements at 8 CFR 214.2(h)(4)(iii)(A)(1)-(4).

Conclusion

The undersigned all agree that the Department’s proposed regulatory text on specialty occupation definition and criteria for specialty occupation positions creates substantial uncertainty and suggests support for a significant departure from prior agency practice.

We believe the aforementioned revisions, documented through example edited regulatory text in our Appendix, would help USCIS clearly communicate H-1B adjudications standards consistent with the statute as well as long-standing agency practice. We look forward to seeing a careful response from USCIS to these requests, and thank you for the opportunity to participate in the rulemaking process.

Respectfully submitted,

Higher Education

Association of American Universities

Association of Public and Land-grant Universities

Catholic University of America

College and University Professional Assoc for Human Resources

College for Creative Studies

Dominican University of California

Foothill-De Anza Community College District

NAFSA: Association of International Educators

Presidents' Alliance on Higher Education and Immigration

University of California System University of Illinois System

Business

American Staffing Association

Cellens, Inc

Compete America Coalition

Columbia Group LLLP

Flux Marine Ltd

gener8tor

Kaas Wilson Architects, LLC

Leadz Study Abroad

Open Avenues Foundation

Pearson Education, Inc.

PassiveBolt

TechNet

U.S. Chamber of Commerce

Y Combinator

State and Local Economic Development

Buffalo Niagara Partnership

Cedar Rapids Metro Economic Alliance

Cincinnati Compass

Columbus Chamber of Commerce

Detroit Regional Partnership

Dubuque Area Chamber of Commerce

El Paso Chamber

Flint and Genesee Group

Global Cleveland

Global Detroit

Grand Rapids Chamber

Great Lakes Bay Regional Alliance

Science

American Chemical Society

American Physical Society

Federation of American Scientists

Optica (formerly OSA), Advancing Optics and Photonics Worldwide

Quantum Economic Development Consortium (QED-C), managed by SRI Intl

SPIE, the international society for optics and photonics

Policy

American Immigration Council

American Immigration Lawyers Association

Engine

FWD.us

Institute for Progress

National Immigration Forum

South Asian Bar Association of North America

Talent Beyond Boundaries (TBB)

UNITE-LA

State and Local Economic Development

Greater Hamilton Chamber of Commerce

Greater Houston Partnership

Greater Kansas City Chamber of Commerce

Greater Louisville Inc. – The Metro Chamber of Commerce

Greater St. Louis, Inc.

Hispanic Chamber Cincinnati USA

Illinois Science and Technology Coalition

InvestUP

Kentucky Chamber of Commerce

Keystone Community Corporation

Lancaster Chamber

Longview Chamber of Commerce Michigan Works! Association

Minneapolis Regional Chamber of Commerce

North Texas Commission

Ohio Hotel & Lodging Association

Quad Cities Chamber of Commerce

Saginaw County Chamber of Commerce

St. Louis Mosaic Project

Texas Association of Business

Vail Valley Partnership

Washington Technology Industry Association

Read a PDF version of the statement here

VIA WEB SUBMISSION:

Department of Homeland Security

U.S. Citizenship and Immigration Services

Office of Policy and Strategy

c/o Charles L. Nimick

5900 Capital Gateway Dr.

Camp Springs, MD 20588-0009

Dear Mr. Nimick:

The South Asian Bar Association of North America (“SABA North America”) hereby respectfully submits the following comment on response to the request for comments on USCIS’s proposal for “Modernizing H-1B Requirements, Providing Flexibility in the F-1 Program, and Program Improvements Affecting Other Nonimmigrant Workers”, published in the Federal Registrar on October 23, 2020.

By way of background, SABA North America was formed in the aftermath of 9/11. SABA North America is the voice of South Asian legal professionals in North America. Our mission is to strengthen the rapidly growing South Asian legal community with a recognized and trusted forum for professional growth and development, and to promote equal rights and access to justice for the South Asian community. Our membership includes 30 chapters across the United States and Canada and approximately 10,000 members, primarily made up of legal professionals in the United States and Canada.

First, SABA North America notes that it has joined on to the Multi-Sector Comment on Specialty Occupation from 74 Organizations letter that was submitted earlier today, on December 21, 2023, regarding the proposed changes relating to the definition of “specialty occupation” and selection criteria for specialty occupation positions. As such, any comments relating to this part of USCIS’s proposals, we would refer to the positions outlined in that letter.

Second, this letter seeks to address a specific proposed change regarding the registration process and selecting registrations by a unique beneficiary ID rather than registrations under the general lottery. We commend this proposed change, and agree that it should help prevent further misuse and fraud in the system, by eliminating multiple registrations on behalf of the same beneficiary. However, we are concerned about transparency in the program. Under the current proposal, the various employers would have no transparency into the multiple registrations, but yet would be asked if they wish to submit a petition on behalf of the beneficiary. By doing so, this effectively gives the beneficiary great bargaining power at the cost of employers. At the minimum, we believe that when USCIS informs the employers of the selection notification that it also inform the employer if there are multiple registrations for this beneficiary. This would at least allow the employer to make a decision if it should proceed forward with the petition on the beneficiary’s behalf. But, it would not disclose who the other prospective employers are, nor how many. We believe this compromise is the best outcome for both parties. It still allows the beneficiary his / her bargaining power, while maintaining some degree of transparency for the prospective employers who spend great expense on such candidates.

We commend USCIS on its proposals to modernize the H-1B process and appreciate the ability to give input on these proposals. We wish to continue to work with USCIS as it considers these important matters.

Sincerely,

SABA North America

Read a PDF version of the statement here

FOR IMMEDIATE RELEASE

The conflict in the Middle East has a deep, centuries-long historical context, and no simple statement—much less one from an affinity bar organization in North America—can hope to address that full context or speak to the conflict with authority. Nevertheless, with present-day actions leading to rising incidences of antisemitic and anti-Islamic hate speech and violence across the United States and Canada, as well as the fallout faced by many Muslims, Jews and allies for expressing their political views or standing up for the rights of others, SABA North America can no longer be silent.

SABA North America was born in the aftermath of the U.S. terrorist attacks of 9/11, when South Asians of all faiths—certainly, Muslims, but also Sikhs, Hindus, Christians, and many others—faced discrimination and violence from being wrongfully associated with the actions of terrorist extremists. Many of our members are Muslims, who are once again experiencing hate crimes, hate speech and harassment. And many of our strongest sponsors and closest allies are Jewish and are reeling from the October 7th attacks, the historical trauma it invokes, and escalating hate crimes and speech.

We are deeply concerned with the rise of attacks in the United States against those of both Jewish descent and Muslim descent, which have been fueled by bigotry and overheated rhetoric from those pushing extremist views. In Chicago, a landlord murdered a six-year-old boy and stabbed his mother more than two dozen times just for being Muslim and Palestinian-American. In New York, three Jewish men were shot at with a BB gun. And these are just a couple of horrific examples. We saw a similar rise in bigotry against the South Asian community after 9/11. We saw a similar rise in bigotry against Asian Americans after the onset of the COVID-19 pandemic. And now we see it once more.

Generations of SABA leadership forged this organization by fighting hard for the principle that we should not be divided by our differences in religion, region, gender or caste. Their courage is why we are not just the Indian American Bar Association, the Pakistani American Bar Association and dozens of other groups that might cater to splintered subsets of our membership.

In forging this unified organization, we took on as a core part of our mission the task of advancing our ideals of diversity, equity and inclusion across North America by supporting, protecting and defending the rights of everyone to speak and be heard in a manner that is respectful of those on the other side, acknowledges our shared humanity and recognizes that violence and discrimination are never appropriate responses to views with which we disagree.

Likewise, the suppression of legitimate political views undermines our fundamental desire to create an inclusive environment. It is often easy to brand those who hold different views from our own as coming from a place of bigotry and to seek to silence them or “cancel” them from our schools, our workplaces, and our organizations. But when those voices express a legitimate political view, we do ourselves a disservice by silencing them, firing them, or expelling them. And when we assume that everyone from a particular background believes a certain way—for example, that all Muslims must “celebrate” terrorist acts or that all Jews agree with Israel’s handling of the counteroffensive in Gaza—we prevent the very dialogue that could help find solutions to the problems in the Middle East and we artificially harden the divisions between groups here in North America. Most importantly, we blind ourselves to the humanity of the people on the other “side” and succumb to the illusion that there are only two sides to an issue and that we all cannot be on the same side.

At the same time, we reinforce the lesson that careless speech—not intentional hate speech, not even speech that was intended to offend—can still bring pain to the many people, including both Israeli and Palestinian, whose loved ones have been lost or harmed in this conflict. We urge everyone voicing their views on these issues to pay close attention to how their statements may be perceived, not just what they intended to convey.

SABA North America is here for anyone who needs support, and we ask that all in our community stand by our Muslim, Jewish, and Arab friends and family members and support them. Consistent with our mission, we will plan programming around allyship, bystander intervention, and civility in the legal field in the coming months.

We also ask legal employers and law schools to provide support for all members of their communities experiencing trauma right now. Many Jewish, Arab, and Muslim employees have reported feeling silenced or even suppressed at work for their political views. While they struggle to cope with the deeply personal nature of this conflict, they feel isolated from friends and colleagues. Employers and schools can help combat these feelings by acknowledging the pain experienced by multiple communities, lending support through employee assistance programs, and providing education and training on inclusive leadership. We can all play a role in supporting our colleagues.

Out of respect for the variety of political viewpoints of our members on the political questions in the Middle East, we will continue not to take a singular stance on those political issues. But SABA will continue to fight for the rights of our members and allies—regardless of their faith and ethnicity—to express those views respectfully. We will combat hate and discrimination against all groups, whether part of our membership or not. And SABA will always condemn in the strongest terms the brutal and reprehensible targeting or killing of innocent civilians, particularly children.

Read a PDF version of the statement here

FOR IMMEDIATE RELEASE

Today, the South Asian Bar Association of Chicago, an affiliate of the South Asian Bar Association of North America and the National Asian Pacific American Bar Association, announced that it learned about abhorrent, antisemitic comments, which were made on a social media account owned by the then-SABA Chicago president. She is no longer president, and the president-elect of SABA Chicago has now assumed the presidency.

The legal profession is held to a high standard when it comes to our conduct, and our leaders are held to an even higher one. Words that are infused with violence and antisemitism have no place in our public discourse. SABA North America and NAPABA, in no uncertain terms, unequivocally condemn such abhorrent statements. We stand against hate, no matter the form, and we are focused on building a community where respect, compassion, and dignity prevail.

Read a PDF version of the statement here

FOR IMMEDIATE RELEASE

The South Asian Bar Association of North America (SABA) applauds the reintroduction of the John R. Lewis Voting Rights Advancement Act by Rep. Terri Sewell of Alabama.

SABA President Charanjit Brahma stated, "The John R. Lewis Voting Rights Advancement Act is critical to the protection of our democracy and to ensuring that every American who should be able to vote in the United States is able to vote without the fear of discrimination, access issues, and other barriers. This legislation fixes problems created by the Supreme Court rulings in Shelby County v. Holder and Brnovich v. Democratic National Committee that make it harder to protect voters of color from discrimination."

Voting rights remains at the forefront of SABA's legislative agenda. Earlier this year, SABA members lobbied Capitol Hill to reintroduce this important legislation and we are heartened to see those efforts bear fruit. Moving forward, SABA will continue to push for its passage.

Read a PDF version of the statement here

FOR IMMEDIATE RELEASE

Delivering respectful police services means treating people the way you want to be
treated.

—Seattle Police Department Policy Manual, Mission Statement and Priorities, p. 1 (rev. July 15, 2023)

SABA North America is appalled by the comments by Seattle police officer and Vice President of
the Seattle Police Officers Guild, Daniel Auderer, regarding the tragic death of Jaahnavi Kandula.
Jaahnavi, a 23-year-old student at Northeastern University, who died last January when she was
hit by another Seattle police officer’s vehicle (traveling at least 63 mph in a 25 mph zone) while
simply crossing the street.

Recently released body cam footage shows Officer Auderer, in conversation with Officer Mike
Solan, the Guild’s President, mocking and laughing about Ms. Kandula’s tragic death, calling her
an “ordinary person” and going as far as to say that her life had “limited value.”

SABA North America believes at its core that every single person’s life is meaningful and
valuable. The Seattle Police Department (motto: “Service, Pride, Dedication) should believe the
same. These disgraceful comments bring shame to every Seattle police officer, even though the
vast majority would likely find them equally shocking and offensive. It is hard to imagine how a
police force can hope to be effective at keeping its community safe when officers in positions of
power clearly seem to hold people of color from that same community in such low regard.
Additionally, SABA North America urges the Seattle Officers Guild not enable or condone Officer
Auderer’s blatant disregard for human life- life that he has taken an oath to protect.

These remarks are part of a larger problem in our society—the nefarious view among some who
should not be wearing the badge that people of color are of “limited value.” Three years ago,
SABA North America stood with the families of George Floyd, Ahmaud Arbery, Breonna Taylor,
and Regis Korchinski-Paquet, along with all those who had been disproportionately affected by
deep-rooted systems of institutionalized racism. Shortly thereafter, SABA North America
launched the Racial Justice Task Force in September 2020, recognizing that we in the legal
community have a special responsibility to enhance the quality of justice in our legal system. We
stood with our brothers and sisters in the Black community, recognizing the decades long unjust
persecution and brutality they faced at the hands of law enforcement. We urged the Department of
Justice and Congress to investigate patterns and practice of violations by police departments across
North America and increase accountability.

The remarks made by Officer Auderer reiterate that we still have a long way to go. It has long been
time for our community to take action and demand that these patterns of racial intolerance come
to an end.

Though Ms. Kandula’s tragic death occurred in January 2023, it took almost 7 months for this
video of Officer Auderer from another officer’s bodycam to surface. And it has now been over a
month since this video was brought to the attention of the Office of Police Accountability. While
the OPA’s investigation is still “pending” we are aware of no real punishment or action
consequence that has been taken or imposed to date. In the meantime, every investigation
involving Officer Auderer (at the very least) and a person of color should be called into question.
This is unacceptable by the Police Department and the Police Union.

Just days ago, a federal district court lifted the consent decree that imposed policing reform
requirements on the City of Seattle and Seattle Police Department. We respectfully ask the DOJ
to consider whether this incident and its handling would alter its agreement that Seattle had
fulfilled the terms of the consent decree.

We also demand that the OPA complete its investigation expeditiously, but just as importantly,
transparently. We may never know what Officer Solan’s half of the phone conversation with
Officer Auderer contained, but to the extent records exist, they should be promptly disclosed. And
the OPA’s investigation should also consider whether SPD’s explanation of the circumstances
around Ms. Kandula’s death were tainted by Officer Auderer’s or other officers’ bias.

Finally, at the very least, it is hard to understand how Seattle’s police officers would continue to
keep Officer Auderer in Guild leadership. Calls for de-unionizing the police will only grow louder
if such explicit bias and callousness are allowed to fester in Guild leadership. We encourage
Seattle’s police officers to consider whether they would be more effectively led by officers who
value, and are committed to protecting, the lives of every Seattleite.

Read a PDF version of the statement here

FOR IMMEDIATE RELEASE

JUNE 29, 2023

Today, the South Asian Bar Association of North America (“SABA North America”) expresses our disappointment in the Supreme Court’s decisions in Students for Fair Admissions v. Harvard and Students for Fair Admissions v. University of North Carolina, which struck down forty years of legal precedent allowing race-conscious admissions in higher education.

Race-conscious admission practices do not mean that race is the only consideration. Rather, race-conscious admission practices permit race to be one factor among many considered in a holistic college admissions process, including consideration for standardized test scores, interviews, recommendation letters, essays, community demographics, parental level of education, and extracurricular activities, among others. Today, in these decisions, the Supreme Court stated that using race, even as just one of many considerations in college admissions violated the Equal Protection Clause of the Fourteenth Amendment.

It is important to recognize the direct and lasting impact this decision will have on the Asian American and Pacific Islander (AAPI) community including the South Asian community. While the plaintiff in the Harvard case sued on behalf of some Asian American students, the reality is that the majority of Asian Americans support affirmative action. In a 2023 Pew Research study, 60% of Indian adults polled believed affirmative action was a positive in our society; and that overall 53% of all Asian Americans polled believed the same.

Moreover, grouping all “Asian Americans” together as if the community is a monolith is a fallacy and does a disservice to our society and further creates unnecessary divides. Twenty-four million Americans fall within the category “Asian American”, with 50 ethnic subgroups, who speak 300 languages. Asian Americans come diverse socioeconomic backgrounds and educational realities. As such, it would be impossible to generalize a “typical” Asian American experience into a singular experience. In breaking down the model minority myth traditionally attached to Asian Americans, which paints all Asian Americans as high achievers academically, it is abundantly clear that there are huge educational needs and barriers within the communities, including for a number of South Asian communities. In fact, a Pew Research study found in 2018 that income inequality amongst Asian Americans was greater than any other racial group. Individualized race-conscious admission policies, like the ones found at Harvard and UNC, mitigate the fallacy of consolidating all Asian Americans into one category of “Asians”.

Furthermore, allowing race to be a factor amongst many in college admissions create the opportunity for diverse campuses that directly benefit South Asian Americans and all other communities as well.  Diverse student bodies, brought about by race-conscious admissions, help bridge cultural and racial divides. Furthermore, we must recognize that this decision today will not only affect the Asian American community but our allies in the joint mission to promote diversity, equality and inclusion.  For these reasons and others, SABA joined the amicus curie brief of the Asian American Legal Defense and Education Fund (AALDEF) filed on behalf of the respondents.

As such, today’s decisions hinder the ability to create diversity, equality and inclusion not only in our highest levels of education, but also in future career opportunities, including in the legal profession. SABA remains committed to advancing our core values of diversity and inclusion and professional growth, and ensuring equal participation in the legal profession and greater representation in the judiciary. We will remain committed, through mentorship efforts and opportunities within our bar, to help those in our community to find opportunities to succeed. And we will continue to serve as a resource to all who need.

Read a PDF version of the statement here

SABA North America supports the proposed City of Seattle ordinance seeking to add protections against discrimination based on an individual’s caste; and amending Sections 3.14.910, 3.14.931, 3.110.260, 4.80.020, 6.02.270, 6.202.230, 14.04.020, 14.04.030, 14.04.040, 14.06.020, 14.06.030, 14.08.015, 14.08.020, 14.08.045, 14.08.070, 14.08.190, 14.10.010, 14.10.020, and 18.12.280 of the Seattle Municipal Code. Discrimination in any form is unacceptable, and the decision to take action against caste discrimination is a positive step forward in the pursuit of social justice.

Caste discrimination is a deeply entrenched problem, and this type of discrimination can prevent people from accessing employment, education, healthcare, and other opportunities, limiting their ability to fully participate in society. 

The proposed Seattle ordinance aims to protect individuals from discrimination based on their caste or perceived caste, and it is an important step in ensuring that everyone has the opportunity to thrive and reach their full potential. 

By taking action to ban caste discrimination, the City of Seattle will be sending a message that it will not tolerate any form of discrimination, and that everyone deserves to be treated with dignity and respect. 

SABA North America applauds the City of Seattle’s leadership for its commitment to creating a more inclusive and equitable community. Let us all continue to work together to create a society that is free from all forms of discrimination, and where everyone can live and work without fear of being treated unfairly.

View a PDF of the statement here

Recently, the New Jersey Assembly passed Joint Resolution 98, a bill that officially established, January 30th of each year as “Fred Korematsu Day of Civil Liberties and Constitution of New Jersey”. This adds New Jersey to the growing list of states that already recognize this day, including California, Hawaii, Virginia, New York, Florida, Michigan, Utah, Illinois, Georgia, and Arizona. Fred Korematsu is an AAPI hero, and most well-known for resisting the internment of Japanese Americans, as shown in the hallmark Supreme Court case Korematsu v. US. He received the Presidential Medal of Freedom in 1998 due to his efforts. He is the first Asian American to have a day named after him. SABA North America supports the U.S. Commission on Civil Rights request to urge the President and Congress to establish Fred Korematsu Day as a national holiday, thereby ensuring that the greater population recognizes and learns of Mr. Korematsu’s great contributions to this nation.

The South Asian Bar Association of North America (SABANA) and the Hispanic National Bar Association (HNBA) regret that four South Asian women were recently verbally and physically assaulted in a racist and xenophobic attack in Plano, Texas. A woman, who identified herself as "Mexican-American, "shouted racial slurs and xenophobic comments at the women, including telling the women to "Go back to India," physically assaulting them, and threatening to shoot them. The incident was recorded on video - an unacceptable display of racial intolerance that is currently being investigated as a hate crime.

This attack is one of many similar incidents of verbal abuse and physical assault that have been suffered by members of both the South Asian and Latinx communities in America. SABANA and HNBA strongly condemn such attacks. We applaud law enforcement officials in Plano for vigorously investigating this incident, and encourage law enforcement to pursue and punish perpetrators in similar incidents to the fullest extent permitted.

This incident should serve as a reminder that the seeds of division are easy to sow, even in our own communities. As communities of immigrants and the descendants of immigrants, we are in this together and we are here to stay. SABANA and HNBA have been strong allies in promoting racial education and acceptance, and we are committed to working together to fight the xenophobia that lies at the root of such acts.

FOR IMMEDIATE RELEASE

SABA congratulates Monica V. Bhattacharyya for being named a United States International Trade Commission (U.S.ITC), Administrative Law Judge. Jason E. Kearns, Chair of the U.S.ITC, announced her hiring on September 13^th, 2021. Judge Bhattacharyya will manage an active litigation docket, preside over evidentiary hearings, and make initial determinations in the Commission’s investigations involving unfair practices in import trade under section 337 of the Tariff Act of 1930 (“Section 337”). These investigations most often involve allegations of patent and trademark infringement.

Judge Bhattacharyya is filling a vacancy among the six U.S.ITC judges left when former Administrative Law Judge Sandra “Dee” Lord retired in April. Judge Bhattacharyya has extensive experience in intellectual property litigation in both the public and private sectors, as well as a deep knowledge of disputes arising under Section 337. She has served as an investigative attorney in the U.S.ITC’s Office of Unfair Import Investigations since 2012, regularly appearing in investigations as an independent party, on behalf of the U.S. public.

Before joining the U.S.ITC, Judge Bhattacharyya worked for more than 12 years in private practice, including as a Partner in the Intellectual Property group of the New York law firm of Kasowitz Benson Torres LLP, where she represented and counseled clients on patent and other intellectual property matters in federal and state courts. Prior to that, she worked as an intellectual property litigation associate with the law firms of Wiggin and Dana LLP and Kirkland & Ellis LLP, and as a litigation associate with Simpson Thacher & Bartlett LLP. She served as a law clerk for the Honorable Louis H. Pollak in the U.S. District Court for the Eastern District of Pennsylvania.

“Monica Bhattacharyya’s appointment to the U.S.ITC is yet another landmark for South Asian attorneys in judicial roles in North America in recent years. The mission of the U.S.ITC is vital to worldwide commerce, and Judge Bhattacharyya’s immense academic and professional experience makes her an outstanding addition to the Commission’s elite bench of administrative law judges. SABA is thrilled to celebrate the selection of this talented and trailblazing attorney,” said Samir Mehta, President of SABA North America.

Judge Bhattacharyya holds a Juris Doctor degree from Yale Law School; a Master of Arts degree in Politics from Princeton University; and a Bachelor of Arts degree in Biochemistry, magna cum laude, from Harvard-Radcliffe College. She also studied comparative legal systems as a Bundeskanzler Scholar at Goethe University in Frankfurt, Germany.

We congratulate Judge Bhattacharyya for her accomplishments!

Coalition of Affinity Bars Stand in Unity for Diversity, Equity, and Inclusion in Continuing Legal Education

The Coalition of Bar Associations of Color (CBAC) – the Hispanic National Bar Association (HNBA), the National Asian Pacific American Bar Association (NAPABA), the National Bar Association (NBA), and the National Native American Bar Association (NNABA) – together with the National LGBTQ+ Bar Association, and the South Asian Bar Association of North America (SABA-North America) stand united in their support of efforts to foster diversity, equity, and inclusion in continuing legal education (CLE) and in opposition to the Florida Supreme Court’s ruling and amendments to the Florida Bar Rules on diversity requirements for CLE programming. As national organizations dedicated to advancing equality and opportunity for underrepresented and historically marginalized members of the legal profession, diversity, equity, and inclusion are of paramount importance to our communities. Diversity on CLE panels benefits both panelists who are recognized for their expertise, as well as audience members who can be inspired by seeing those with similar backgrounds or experiences serving as role models and educators in the legal profession. Moreover, CLE participants may well benefit from hearing from panelists who bring unique and diverse perspectives that they may not have been exposed to previously.

“The objective of the ABA policy and the Florida CLE Diversity Policy is not to exclude anyone, but to ensure inclusion,” argued CK Hoffler, a Florida Bar member and President of the NBA in the NBA’s submission to the Supreme Court. “No one is displaced nor denied an opportunity to participate because of these new policies. African-African attorneys founded the NBA, due in large part because of exclusion. Today, there remains a need to ensure the inclusion of African American attorneys in the legal field and include African American attorneys in the discussion of legal issues.”

“As bar associations dedicated to the advancement of equality and opportunity for APA attorneys, NAPABA and its Florida affiliates believe it is imperative to feature a diverse range of views, experiences and backgrounds in CLE programs in order to address the critical gaps in mentors, connections and role models that are so important for career advancement," wrote A.B. Cruz III, President of NAPABA in a joint filing before the Court submitted with Florida-based affiliates. "Panelists benefit from recognition as experts which burnishes their credentials, and audience members can be inspired by witnessing those with similar backgrounds or experiences serving as role models and educators in the profession."

“Diversity is vital to ensuring equal justice under the law and to public confidence in our legal system,” said Elia Diaz-Yaeger, HNBA National President. “If we want to move in the right direction, we must work to ensure a greater diversity across our profession that is representative of the people and communities we represent. That kind of positive change does not happen on its own; it requires bold action and leadership. We urge the Court to clarify its order to permit inclusive diversity policies for CLE courses.”

“In Florida, with a Native American population of over 125,000 and two federally recognized tribes, American Indian, Alaska Native, and Native Hawaiian people are grossly underrepresented in the legal profession and strikingly so in the judiciary,” said Colleen Lamarre, President of the National Native American Bar Association.  “The ABA policy and the Florida Bar Business Law Section’s CLE Diversity Policy are aimed at ensuring that CLE programing reflects the local population and advances the voices of historically marginalized groups.  Representation and visibility through the continuing legal education process is critical to guaranteeing that the voices of indigenous people are heard and that the local and national attorney population, the pipeline of future attorneys, and our clients benefit and learn from interactions with Native American attorneys and their professional and cultural experiences.”

“Ensuring that diverse points of view are recognized and promoted throughout the legal profession is a primary goal of the National LGBTQ+ Bar Association,” said Lousene Hoppe, LGBTQ+ Bar Association President. “We support the efforts of the ABA and the Business Law Section of the Florida Bar to foster diversity, equity, and inclusion on CLE panels, and we oppose the Florida Supreme Court’s ruling and amendments to the Florida Bar Rules on diversity requirements for CLE programming.”

“SABA North America is committed to diversity, equity, and inclusion in the entire legal profession in North America,” said Samir Mehta, President of SABA North America.  “We are committed to seeing this diversity reflected through lawyers of all backgrounds and identities.  In Florida, there is only one Asian Pacific American on the federal bench in the entire state and such jurists represent less than one percent of state court judges there.  This level of underrepresentation is unacceptable and we look forward to seeing more judges from all marginalized and historically underrepresented backgrounds added, including Asian American and South Asian American judges.  In the arena of continuing legal education, we hope that the Florida Supreme Court will recognize that inclusion of different viewpoints will serve as an inspiration for the entire bar.  We also hope this will prove that historically underrepresented or marginalized communities are not only welcome, but have much to contribute to our common goal of advancing justice.”

With the stated goals to eliminate bias, increase diversity, and implement efforts aimed at recruiting and retaining diverse attorneys, the Business Law Section (BLS) of the Florida Bar set forth a policy preference whereby the BLS would only sponsor, co-sponsor, or seek accreditation for any CLE program that had minimum numbers of diverse panelists, although the policy also had built in flexibility allowing for exemptions in the event that, after a diligent search, diverse panelists could not participate.  In April, on its motion, the Florida Supreme Court struck down this policy characterizing it as “tainted by…discrimination,” and analogizing it to university admissions cases where the Supreme Court of the United States prohibited quotas based on race, even though the policy does not exclude or foreclose the participation of any panelist on a CLE program based on race, gender, sexual orientation, disability or any other characteristic. The Florida Supreme Court then re-wrote the Florida Bar rules to prohibit the approval of any CLE programs that use quotas based on race, ethnicity, gender, religion, national origin, disability or sexual orientation of course faculty or participants. The ruling means that licensed Floridian attorneys would be banned from receiving CLE credit for attending an ABA-sponsored CLE program, as the ABA has a similar diversity policy.

For more information please contact:

HNBA Contact:  Daniel Herrera
NAPABA Contact: Edgar Chen
NBA Contact: Wanda Flowers
NNABA Contact: Colleen Lamarre
LGBTQ+ Bar Contact: D’Arcy Kemnitz
SABA-NA Contact: Jasmine Singh

###

The Coalition of Bar Associations of Color (CBAC) was established in 1992 and is comprised of the Hispanic National Bar Association (HNBA), the National Asian Pacific American Bar Association (NAPABA), the National Bar Association (NBA), and the National Native American Bar Association (NNABA).

The HNBA is an incorporated, nonprofit, nonpartisan, national membership organization that represents the interests of more than 67,000 Hispanic legal professionals and as well as the close to 13 percent of law students enrolled in ABA accredited law schools in the United States and its territories. We are committed to advocacy on issues of importance to the 61 million people of Hispanic heritage living in the U.S.  From the days of its founding three decades ago, the HNBA has acted as a force for positive change within the legal profession. It does so by encouraging Hispanic students to choose a career in the law and by prompting their advancement within the profession once they graduate and start practicing. Through a combination of issue advocacy, programmatic activities, networking events and educational conferences, the HNBA has helped generations of lawyers succeed. For more information about HNBA, visit www.hnba.com

The National Asian Pacific American Bar Association (NAPABA) represents the interests of over 60,000 legal professionals and nearly 90 national, state, and local Asian Pacific American bar associations. NAPABA is a leader in addressing civil rights issues confronting Asian Pacific American communities. Through its national network, NAPABA provides a strong voice for increased diversity of the federal and state judiciaries, advocates for equal opportunity in the workplace, works to

eliminate hate crimes and anti-immigrant sentiment, and promotes the professional development of people of color in the legal profession. For additional information about NAPABA, visit www.napaba.org

Founded in 1925, the NBA is the nation's oldest and largest national network of minority attorneys and judges. It represents approximately 66,000 lawyers, judges, law professors and law students and has over 80 affiliate chapters throughout the United States and around the world. The organization seeks to advance the science of jurisprudence, preserve the independence of the judiciary and to uphold the honor and integrity of the legal profession. For additional information about the National Bar Association, visit www.nationalbar.org

Founded in 1973, the NNABA serves as the national association for American Indian, Alaska Native, and Native Hawaiian attorneys, judges, law professors and law students. NNABA strives for justice and effective legal representation for all American indigenous peoples; fosters the development of Native American lawyers and judges; and addresses social, cultural and legal issues affecting American Indians, Alaska Natives, and Native Hawaiians.  For additional information about NNABA, visit www.nativeamericanbar.org

The National LGBTQ+ Bar was founded over thirty years ago by a small group of family law practitioners at the height of the HIV/AIDS crisis. In 1987, the idea of creating a gay and lesbian bar association was formally introduced at the Lesbian & Gay March on Washington. The first Lavender Law^® Conference took place the following year at the Golden Gate University in San Francisco. In 1989, at the American Bar Association’s Mid-Year meeting, bylaws were presented, and a nonprofit board of directors was formalized. At the second board meeting in 1989 in Boston, the LGBT Bar, then known as the National Lesbian and Gay Law Association (NLGLA), had 293 paid members, and initiated a campaign to ask the ABA to include protection based on sexual orientation to its revision of the Model Code of Judicial Conduct for Judges.  In 1992, the LGBT Bar became an official affiliate of the American Bar Association and it now works closely with the ABA’s Section on Individual Rights and Responsibilities and its Committee on Sexual Orientation and Gender Identity.  For more information about the LGBTQ+ Bar, visit www.lgbtbar.org

SABA North America was founded in 2002 to strengthen the rapidly growing South Asian legal community with a recognized and trusted forum for professional growth and development, and promotes the civil rights and access to justice for the South Asian community.  With 29 chapters throughout the United States and Canada, SABA attorneys work in all areas of the law, including at large law firms, as in-house counsel, government attorneys, and solo practitioners. SABA hosts an Annual Conference, annual Lobby Day, and numerous other successful programs throughout the year.  For more information about SABA North America, visit www.sabanorthamerica.com

May 20, 2021

FOR IMMEDIATE RELEASE

April 19, 2021

FOR IMMEDIATE RELEASE

March 31, 2021

FOR IMMEDIATE RELEASE

February 10, 2021

FOR IMMEDIATE RELEASE

As the first few weeks of the Biden-Harris Administration take shape in the U.S., the South Asian Bar Association of North America (SABA North America) commends President Biden for working to uphold a promise that he and Vice President Kamala Harris have made to “build an administration that looks like America.” We celebrate the significant number of initial senior-level appointees of South Asian descent, in particular those attorneys who will play key roles in shaping the Biden-Harris Administration’s policies, legal arguments, and messages to the American people.

“As a minority bar association representing thousands of South Asian attorneys across the United States and Canada, SABA North America understands the importance of the roles these leaders will play in addressing a range of issues affecting the South Asian community, from racial justice to economic inequality to immigration reform,” said Rippi Gill, President of SABA North America. “We also believe it’s important for the nation’s leadership to reflect the diversity and varied experience of Americans.”

In addition to Vice President Harris – the nation’s first South Asian, first African American, and first female VP – we commend the achievements of the South Asian attorneys listed below, many of whom have been longtime supporters of SABA North America and its members. This is not an exhaustive list, and we consider it a commendable achievement for our community that our initial list has expanded to this size. If you are aware of other South Asian attorney appointees of note, please let us know: mailto:publicrelations@sabanorthamerica.com.

Along with many other non-attorneys of South Asian descent who have thus far been named, we believe these appointees will serve as serious and consequential additions to the Biden-Harris Administration. SABA North America commends these individuals as reflective of the growing prominence of South Asian attorneys nationwide.

• Vanita Gupta – Associate Attorney General*
• Neera Tanden – Director, Office of Management and Budget*
• Mala Adiga – Policy Director to First Lady Dr. Jill Biden
• Amit Bose – Deputy Administrator, Federal Railroad Administration
• Sohini Chatterjee – Senior Policy Advisor to the U.S. Ambassador to the United Nations
• Dimple Chaudhary – Deputy General Counsel for Nationwide Resource Protection Programs, Environmental Protection Agency
• Tarun Chhabra – Senior Director for Technology and National Security, National Security Council
• Sharmistha Das – Deputy General Counsel, Department of Homeland Security
• Sameera Fazili – Deputy Director, National Economic Council
• Aditi Gorur – Policy Advisor, U.S. Mission to the United Nations
• Neha Gupta – Associate White House Counsel
• Subash Iyer – Chief Counsel, Federal Transit Administration, Department of Transportation
• Ruchi Jain – Deputy Solicitor for General Law, Department of Interior
• Dev Jagadesan – Acting Chief Executive Officer, U.S. International Development Finance Corporation
• Meera Joshi – Acting Administrator, Federal Motor Carrier Administration, Department of Transportation
• Aruna Kalyanam – Deputy Assistant Secretary for Tax and Budget, Department of the Treasury
• Satyam Khanna – Senior Policy Advisor on Climate and ESG, U.S. Securities and Exchange Commission
• Raj Nayak – Senior Advisor, Office of the Secretary, Department of Labor
• Sandeep Prasanna – Attorney Advisor, Office of Legislative Affairs, Department of Justice
• Bharat Ramamurthi – Deputy Director, National Economic Council
• Vinay Reddy – Senior Advisor to the President and Director of Speechwriting
• Tanya Sehgal – Special Counsel and Senior Advisor, Office of Personnel Management
• Reema Shah – Deputy Associate White House Counsel
• Zayn Siddique – Senior Advisor, White House Deputy Chief of Staff
• Narayan Subramanian – Legal Advisor, Office of General Counsel, Department of Energy
• Mohsin Syed – Principal Deputy Assistant Secretary for Congressional Affairs, Department of Transportation
• Mini Timmaraju – Senior Advisor to the Director, Office of Personnel Management
• Ali Zaidi – Deputy National Climate Advisor

*Pending Senate confirmation

The South Asian Bar Association of North America (SABA North America) applauds President Biden's immediate repeal of the Muslim Ban announced on January 20, 2021 as part of his first Executive Actions as President of the United States. President Biden's bold action serves as a strong rebuke to the policy of the previous administration that barred many foreign nationals from several countries with predominantly Muslim populations from entry into the United States. That policy, rooted in religious bias and xenophobia under the guise of national security, remained in effect and was expanded for much of the past four years, causing long-lasting damage for families and communities.

From the advent of the first Muslim Ban, SABA North America attorneys across the U.S. showed up at airports and counseled families and individuals who were adversely impacted by this unjust ban. SABA North America lobbied and supported legal actions to repeal the Muslim Ban, and it was extremely disappointed when the third iteration of the Muslim Ban was upheld by the Supreme Court.

While SABA North America is grateful that President Biden has rescinded the Muslim Ban, we cannot rely on future presidents to uphold the same values and protections for American Muslim and immigrant communities. That is why we now call on Congress to follow President Biden's example and pass the National Origin-Based Anti-Discrimination for Nonimmigrants (NO BAN) Act. The NO BAN Act would not only end the Muslim and African bans, but it would also prohibit future presidents from taking similar actions that discriminate against these and other immigrant communities. Although the NO BAN Act was passed by the House of Representatives last year, it did not pass the Senate. We now call on both houses of Congress to pass this important legislation. "With the repeal of the Muslim Ban, we are one step forward towards restoring our nation's values. But we must remain vigilant and continue working to protect the rights of ALL Americans. We look forward to working with the Biden-Harris Administration in the persistent fight against bias, hatred and xenophobia," said Rippi Gill, President of SABA North America.

History has sadly taught us that there may again come a time when those in power will seek to discriminate against different American communities - Japanese, Muslim, South Asian and immigrant communities are just a few of those who have faced such discrimination in our nation's past. It is imperative - as we embark upon this new administration - that Congress work together and pass the NO BAN Act to protect future generations of Americans from similar actions and to ensure that America remains committed to its values and its purpose of possibility, opportunity and the American dream.

January 6, 2021, was a devastating day in our nation's history. In a premeditated attack, domestic terrorists descended on Washington D.C. and assaulted the U.S. Capitol Building. A day historically dedicated to the peaceful transition of power replaced by bloodshed and destruction. A day historically dedicated to the strength of our union replaced by domestic terrorists parading Confederate flags through the halls of Congress. The South Asian Bar Association of North America (“SABA”) claims no particular province or perspective over issues of politics, but we have a special responsibility to defend the United States Constitution and the rule of law. To that end, we make no mistake—this was an attack on our democracy that was directly incited by the nation’s Commander-in-Chief and aimed at overturning the 2020 Presidential election results. SABA calls for all parties involved, including law enforcement and elected officials, to be held accountable through transparent investigations and subsequent prosecutions.

SABA also recognizes the racial inequality that was on full display as this mob of mostly White domestic terrorists invaded one of the most secure structures in the world, the U.S. Capitol Building, with minimal resistance. If this mob was majority Black or Brown, the treatment of the individuals involved would not have been the same. We know this because last summer, diverse coalitions peacefully protesting nationwide against racial injustice and for Black Lives were met with militarized tactics and overwhelming force. These protests were held in public places and were repeatedly disrupted by tear gassing and arresting activists en masse. In contrast, these domestic terrorists were able to access the private offices of Members of Congress and the Senate Chamber while proudly sporting symbols of hate such as the Confederate flag. The disparity in treatment could not be clearer.

Law enforcement’s failure to investigate and hold these groups accountable further lays bare the racial divide. For weeks, these terrorists openly communicated their plans over the internet and on social media. Yet it appears that this obvious threat went unheeded by law enforcement. This week’s failure culminates decades of a deliberate strategy to ignore the rise of White extremists while subjecting Black activists and the Muslim community to invasive surveillance and monitoring.

This is not acceptable and is yet another reminder of racial inequalities that divide us. "As a minority bar association, we have committed ourselves through our Racial Justice Task Force to call out such inequalities, to confront racism and promote racial justice and equality in our country. We did not see such justice and equality on January 6, and we call it out," said President Rippi Gill. We are a nation built on principle, honor, duty and the rule of law. We are also a nation of immigrants, a melting pot of different cultures, religions, ethnicities and colors.  We must be better than what we saw and experienced on January 6, and we must not allow racial injustice to persist as it so often does. We as a country have difficult work ahead of us if we are to heal the wounds of our nation. Let us all work together for a better tomorrow.

On July 21, 2020, President Trump, issued a memo to the Secretary of Commerce, directing the Secretary, to not include undocumented immigrants as part of his statutory duties to conduct and report the decennial census. SABA North America believes this insidious memo will harm immigrant communities throughout the country.  SABA North America is deeply alarmed by the administration's ill-conceived, last-minute attempt to not count undocumented immigrants as part of the 2020 census.

Legal scholars and activists are already casting the memo as being unconstitutional under Section II of the Fourteenth Amendment which addresses that the House of Representatives would be apportioned by "counting the whole number of persons in each State…"

This latest attempt to change the 2020 census procedures is unconstitutional, outlandish and reinforces the xenophobic atmosphere which is already heightened due to this administration's recent policies targeting immigrant communities.  As the President referenced in this latest memo, the Trump administration attempted to add a citizenship question to the 2020 Census questionnaire last summer.  This effort was ultimately unsuccessful after a unanimous ruling by the Supreme Court denying the government's request.  Further, as a practical matter, per the Census' Bureau's own website, over 62% of households have already responded to the 2020 Census questionnaire.  The logistics of confirming which of the collected responses were from undocumented immigrants seems unwieldy at best.

Moreover, the President's actions will have a chilling effect on active participation in the Census by both undocumented and legal immigrants as they will likely fear some form of retaliation and action by a government that they already distrust to a great degree.  The attempt by the administration to cast aside a significant voice of the U.S. population cannot and should not be tolerated by the American electorate.  Not only will Census data be used to confirm appropriation of members in the House of Representatives, but this data is also used as a basis for the disbursement of many Federal grants and programs.

SABA North America reiterates that participating in the Census is critically important to getting our families and communities the resources and representation we deserve.

The decision to not count undocumented immigrants is in clear contravention of the Constitution and only serves to make America a less inclusive society.  SABA North America will continue to stand alongside immigrant communities and our community-based partners in their efforts to maintain a just system to effectuate the 2020 Census.

SABA North America is deeply disturbed by the issuance of yet another Presidential Proclamation by President Donald J. Trump, which further restricts lawful immigration into the United States.  The Proclamation went into effect on June 24, 2020 and will suspend the entry of certain foreign nationals on various employment-based nonimmigrant visas into the United States until the end of the calendar year.  Those foreign nationals will be barred from entry through at least December 31, 2020 if they, on the effective date of the Proclamation, are physically outside of the United States, not in possession of a valid nonimmigrant visa stamp in their passport or other permissible travel documents, and are seeking entry based on the issuance of a new H-1B visa, H-2B visa, L-1 visa, or J visa.  Furthermore, the foreign national's accompanying family members will similarly be barred from entry.  The Proclamation also extends through December 31, 2020 the restrictions on the entry of certain immigrant visa holders, which was made effective through an earlier proclamation issued on April 22, 2020.

The Proclamation will not apply to lawful permanent residents, the spouse or child of a U.S. citizen, and certain individuals may be eligible for a national interest exception subject to the discretion of consular officers.  The American Immigration Lawyers Association and the American Immigration Council have prepared a thoughtful summary available here.

It is important to note that no other President in the history of the United States has consistently limited the entry of foreign nationals utilizing this "emergency power" provision of the Immigration and Nationality Act ("INA"), which provides the purported basis of the Proclamation under Section 212(f).  Traditionally, immigration law, and the allotment of visas, has been in the purview of United States Congress under the plenary power doctrine.  The primary justification the Administration makes for such drastic measures is an alleged need to spur economic growth and protect U.S. workers as a result of the devastation caused by the COVID-19 pandemic.  However, this justification and many of the assertions underpinning this rationale have been called into serious doubt by various prominent business executives, legal scholars, and policymakers.  SABA is very concerned that restricting the ability of highly talented, skilled professionals to come into the United States will actually hinder the post-COVID-19 recovery efforts, and inhibit innovation and America's global competitiveness.  A recent Forbes article analyzes this aspect of the Proclamation as well.

SABA further echoes the sentiments of prominent business leaders, including Apple CEO Tim Cook, Google and Alphabet Inc. CEO Sundar Pichai, Tesla and SpaceX CEO Elon Musk, who   have all made their opposition to the Proclamation publicly known.  In fact, U.S. Chamber of Commerce CEO Thomas J. Donohue, stated "Putting up a 'not welcome' sign for engineers, executives, IT experts, doctors, nurses and other workers won't help our country, it will hold us back. Restrictive changes to our nation's immigration system will push investment and economic activity abroad, slow growth, and reduce job creation."

This Proclamation is also expected to have a significant negative humanitarian impact - SABA is concerned about immediate family members of temporary visa holders who are now unlikely to be able to enter the United States and join their families simply because they happened to be outside the United States on the day this Proclamation went into effect.  Many notable immigration practitioners also believe that the Proclamation's intended consequence is to separate families and instill additional barriers on immigrant communities in the United States.  For instance, another recent Forbes article examines the plight of a 7-year old child who, due to the restrictions of the Proclamation, is unable to unite with his parents in the United States and is forced to remain in India.

The Proclamation raises an additional worry for foreign nationals in that it directs the Secretary of Labor in consultation with the Secretary of Homeland Security, as soon as it is practicable, to review and recommend any measures to restrict EB-2 or EB-3 immigrant visas or an H-1B nonimmigrant visa if they are found to disadvantage U.S. workers, even if they are in the United States. Similarly, the Proclamation directs government agencies to develop methods to limit access to asylum seekers if the alleged primary purpose of the applicant is to obtain employment authorization. This statement is particularly important in that it is possible that further restrictions may be forthcoming from this Administration that will adversely affect members of the South Asian community that are already physically present in the U.S.

Separately, the Administration has taken additional steps impacting students on visas.  On July 6, 2020, the U.S. Immigration and Customs Enforcement Agency (ICE), issued this press release which will adversely impact scores of international students studying in the U.S.   The agency plans to amend its temporary measures implemented as a result of the COVID-19 pandemic, which allowed foreign students flexibility of attending online classes through their college or university since in-person classes were suspended.  ICE plans to suspend these pandemic related accommodations to foreign students that are enrolled in programs that are entirely virtual this Fall semester, forcing students and institutions to make difficult trade-offs between their public health and enrollment at U.S. Universities.

It is no secret that the South Asian community in the United States will be disparately impacted by the Proclamation and the more recent action impacting F-1 students  Per a report submitted to Congress on March 5, 2020 by the United States Citizenship and Immigration Services, 71.7 percent of H-1B approvals in FY 2019 were filed for workers born in India.  Indian students are among the largest group of international students in the U.S.

SABA stands in solidarity with the South Asian community in the United States, and other affected communities, and will work to ameliorate the significant economic, social, and cultural harm which will likely result from these actions.  These actions are the pinnacle of the Administration's attempts to restrict the ability of immigrants to continue pursuing the American dream.  The Muslim ban, the public-charge rule, and the COVID-19 travel bans are an affront to immigrant communities at large and have heightened the level of xenophobia throughout the country.  SABA will monitor any litigation efforts against the Proclamation and provide any updates that are deemed appropriate.

The South Asian Bar Association of North America

June 5, 2020

Statement on the Death of George Floyd and Racial Injustice in the U.S. and Canada 

The South Asian Bar Association of North America ("SABA North America") stands with George Floyd's family, Ahmaud Arbery's family, Breonna Taylor's family, and Regis Korchinski-Paquet's family, along with Black communities throughout the United States and Canada.  We grieve alongside their families and our brothers and sisters, and we recognize the persistent plight of Black people suffering at the hands of deep-rooted systems of institutionalized racism.  As the death of Regis Korchinski-Paquet in Toronto shows, these systems are not limited to the United States alone.  For decades, Black communities in the United States and Canada have faced unjust persecution and brutality at the hands of law enforcement, and been unjustly targeted purely because of the color of their skin.  The latest examples of George Floyd, Ahmaud Arbery, and Breonna Taylor, as well as the Central Park incident involving Amy Cooper, are just a few of too many.  This must stop.  To our brothers and sisters of the Black Community, we see you, we hear you, and we are with you.  We pledge not only our support, but also a call to action, to combat the institutionalized racism, inequality and injustice that you have faced for far too long. 

Long after the protests end, this must remain a time for action, and this time must be different.  We urge the U.S. Department of Justice ("DOJ") to effectively investigate pattern and practice violations by police departments and hold them accountable.  We urge Congress to consider expanding the Violent Crime Control and Law Enforcement Act of 1994 to give State Attorneys General the authority to enforce "pattern or practice" violations when the DOJ is unwilling or unable to act, as requested by 18 State Attorneys General in a recent letter.[1]  We must not allow another George Floyd to be killed due to our failure to act.  We must act now. 

To the members of SABA North America, and the greater legal community, too many of us have become comfortable with the status quo.  It is critical that we use the present crisis to understand what it means to be Black in the United States and Canada today.  We call upon you to engage in peaceful activism, locally and nationally.  SABA North America commits to working to support these activities.

• Put pressure on State and Federal officials to appropriately respond to the Nation's call to dismantle the systems and institutions that marginalize Blacks in the United States and Canada. 
• Urge your local officials to institute police reform and review policing practices, ensure accountability through independent oversight, and rethink community interaction.
• Vote.
• Challenge your knowledge and preconceptions about race and how it has affected the Black community. 
• Challenge the biases within our own communities and speak up.  Do not shy away from conversations that make you uncomfortable, especially with your family.  
• Donate.
• Put the needs of others above your own fears.
• Do not be silent.

While we recognize that our community has also faced its own racial and ethnic challenges, we must also remember that many of us have benefited from the model minority construct.  While it is true that many People of Color have experienced discrimination and injustice, the legacy and history of oppression against Black Americans and Canadians is far too institutionalized and runs deeper than any discrimination and injustice faced by any other community.  We must acknowledge that, and we must fight for change.

We applaud the recent actions taken by members of the South Asian community in allyship and solidarity with protesters.  As his restaurant in Minneapolis burned to the ground after a night of protests, Ruhel Islam stated, "Let the building burn… Justice needs to be served."  Similarly, Rahul Dubey of Washington, D.C. welcomed dozens of protestors desperately seeking refuge from the police into his home and sheltered them overnight saying, "I hope that my 13-year old son grows up to be just as amazing as they are."  These community members put the needs of others above your own fears.  This is true strength, courage and commitment.

SABA North America understands that a moment like this requires more than words.  As such, SABA North America is committing now to focusing on efforts like those listed above, to combat the systemic racism present in the legal systems and culture of the United States and Canada.  SABA North America has a platform to engage with the South Asian legal community and the South Asian community at large, and it will use that platform to work on these initiatives.  We will incorporate activism into our programming, participate in education and outreach efforts to confront racism in our South Asian community directed against the Black community and other ethnic minorities, and join together with our sister bar associations to lobby and advocate for reform including in our Lobby Day initiative in 2021.

This fight for equality and justice will not be short-lived; however, in a matter of weeks or months, the media coverage may stop, donations might slow, and social media posts will likely return to normal.  Our countries will attempt to move on and to leave the wrongful deaths of George Floyd and countless other Black Americans and Canadians in the past, as has been done many times before.  We urge you, do not let that happen.  The systemic oppression and persecution of our Black brothers and sisters is an inescapable reality in America and Canada.  We beseech you - continue to say their names, continue to speak up and continue to fight until justice is served. 

Please consider joining and supporting organizations actively engaged in fighting for justice.  A few are listed below.

Campaign Zero - https://www.joincampaignzero.org/

NAACP Legal Defense Fund - https://www.naacpldf.org/

Equal Justice Initiative - https://eji.org/

Finally, we want to recognize the various chapters of SABA across North America that have issued thoughtful reflections and calls to action in the last few days.  We have been listening and learning from our members, and our statement is informed by their expressions of frustration with the status quo and demands for racial justice.  The events of the last few weeks, and the persistent lack of justice and accountability over the years, are galvanizing for our organization.  We cannot solve these problems unless we solve them together, and have faith that our members will answer the calls to action outlined above, and will continue to stand up for justice in meaningful ways.

SABA North America (formerly NASABA/North American South Asian Bar Association) is a voluntary bar organization and serves as an umbrella organization to 29 chapters in the United States and Canada. SABA North America is a recognized forum for professional growth and advancement for South Asian attorneys in North America and seeks to protect the rights and liberties of the South Asian community across the continent. Learn more at www.sabanorthamerica.com.