Bo Jiang is a Chinese National. He was a contract researcher at the Langley Research Center, National Aeronautics Space Administration (NASA). His case was unusual due to the direct interference of a U.S. Congressman.
President Barrack Obama issued Executive Order 13587 on October 7, 2011, directing federal departments and agencies, with classified networks, to establish insider threat detection and prevention programs.
Haiping Su is a naturalized U.S. citizen born in China. He was an Earth Scientist at Ames Research Center, National Aeronautics Space Administration (NASA).
2008/06/24: Haiping Su was denied access as “a security risk” to the facilities by a debarment letter and escorted out of the research center.
2008/07/03: Su was served a Notice of Intent to Terminate because he had no access to the NASA facility to perform his responsibilities according to the needs of the research task.
2008/07/17: Su received a Rescindment of Notice of Intent to Terminate because it was determined that he would be able to continue to work from an alternative work site via a telecommuting agreement. The agreement initially was valid through September 14, 2010, but subsequently it was renewed through September 15, 2013.
2010/04/09 Casetext.com: SU V. NATIONAL AERONAUTICS SPACE ADMINISTRATION
2013/04/17 Casetext.com: HAIPING SU V. NAT’L AERONAUTICS & SPACE ADMIN.
2014/09/29 Courthouse News: Scientist’s Privacy Worth $10K, Judge Says
2015/02/19 New America Media: In Anti-Discrimination Suit, Haiping Su Took on Big Gov and Won
Wen Ho Lee is a naturalized U.S. citizen born in Taiwan. He was a nuclear physcist contractor at the Los Alamos National Laboratory, U.S. Department of Energy.
The Economic Espionage Act of 1996, also known as the National Information Infrastructure Protection Act, covers primarily 18 U.S. Code § 1831 Economic Espionage and 18 U.S. Code § 1832 Theft of Trade Secrets, but the charges may extend to illegal exports and a variety of possible alternatives such as Wire Fraud or False Statement.
DOJ National Security Division: Most Recent “Fact Sheet”
President Franklin D. Roosevelt signed and issued Executive Order 9066 during World War II on February 19, 1942, authorizing the Secretary of War to prescribe certain areas as military zones. Eventually, E.O. 9066 cleared the way for the internment of more than 110,000 Japanese Americans.
1882/05/06
Chinese Exclusion Act
Materials in this section are based primarily on the book Forbidden Citizens written by Martin Gold. Congress passed restrictive legislation between 1879 and 1904. The most notorious was the Chinese Exclusion Act of 1882, described as “one of the most vulgar forms of barbarism,” by Rep. John Kasson (R-IA) in 1882.
1882: After President Chester A. Arthur vetoed a 20-year exclusion bill on April 4, 1882, Congress passed the Chinese Exclusion Act of 1882 for a 10-year suspension of skilled and unskilled laborer immigration from China. Congress kept the provision expressly prohibiting courts from naturalizing Chinese persons. Chinese who were already in the U.S. were entitled to government-issued certificates allowing them to return to the U.S. The House passed the bill with a vote of 201 yes, 37 no and 53 not voting. The Senate amended the bill and passed it by a vote of 32 yes, 15 no and 29 not voting. The House passed the Senate-amended bill by voice vote. President Arthur signed it into law on May 6, 1882.
1892: Congress passed the Geary Act in 1892, which:
* extended the 10-year exclusion policy for 10 more years
* required Chinese to carry certificates of residence that established their right to be in the U.S.
* rendered Chinese who did not have such papers presumptively deportable
* declared that paperless Chinese who attempted to prove eligibility in court would need the corroborating testimony of at least one credible white witness
* subjected Chinese who were convicted to up to a year in prison before deportation
* denied bail to Chinese immigrants who applied for writs of habeas corpus.
These unprecedented requirements applied to no one other than Chinese persons. Chinese in the U.S. organized to resist the enforcement of the law by proclaiming that the Chinese in the U.S. ought not register, but rather contribute to a fund for hiring of lawyers to fight the law on the ground of unconstitutionality. By the April 1893 deadline, only 3,169 of the estimated 110,000 Chinese in the country had registered. The Geary Act was challenged in the courts but was upheld by the United States Supreme Court in a 5-3 decision, Fong Yue Ting v. United States . The Court decided that just as a nation had the right to determine its own immigration policy, it also had the right to force all foreign nationals to register. Congress passed the McCreary Amendment to extend by 6 months the deadline for Chinese to register. The residence permits later became the “green cards” after the Alien Registration Act of 1940 .
1902: Congress indefinitely extended all Chinese Exclusion Laws that were consistent with treaty obligations. Policies set forth in the 1902 Act, which included application of Chinese exclusion to Hawaii and the Philippines, were to remain in force so long as Gresham-Yang Treaty of 1894 was active. The Chinese population in California had been reduced from 75,000 to 45,600 in 20 years of exclusion. The Chinese population in the U.S. was less than 90,000 in 1900. In comparison, the number of immigrants coming to the U.S. in one year, most of them Europeans, was approaching half a million. The U.S. had announced the Open Door Policy in regards to China in 1900. In America, voters demanded Chinese exclusion. In China, U.S. businessmen demanded “The Open Door.” Nationalism was rising in China at this time. The Chinese Minister Wu Tingfang submitted a lengthy letter of protest against the atmosphere of hostility against the Chinese in the pending U.S. legislation to extend the exclusion policy and sought China’s consent for its enactment. Senator Jacob Gallinger validated Minister Wu’s vehement objections and concluded with a prescient admonition: “[The Chinese] are a great people. The Empire is a sleeping giant, that will some time rouse from her slumbers, and it will be well for the United States to then be her friend. Let us be just in this matter.” Senator George Hoar was the last to speak in the Senate debate. He had been a senator since 1877, all through the exclusion era, and he had been an unceasing opponent of the policy. He would die in office in 1904. On April 16, 1902, he made one last statement denouncing the exclusion policy: “I hold that every human soul has its rights, dependent upon individual personal worth and not dependent upon color or race…As this bill violates that principle, I am bound to record my protest, if I stand alone.” The final vote in the Senate was 76 to 1 for passage of the indefinite extension of 1902. President Theodore Roosevelt signed the extension legislation into law on April 29, 1902.
1943: Congress repealed all laws “relating to the exclusion and deportation of the Chinese” in 1943 President Franklin Roosevelt asked Congress to end the Chinese exclusion laws. The existence of such discriminatory, racial laws had been fodder for Japanese propaganda within China during World War II. Reprsentative Warren Magnuson sponsored egislation to repeal the exclusion laws in 1943. Although there was dissent in both the House and the Seante, and labor and veteran organizations exprsssed misgivings, repeal was broadly supported by Democrats and Republicans and passed by voice votes. President Roosevelt signed the Chinese Exclusion Repeal Act, also known as the Magnuson Act, on Decemnber 17, 1943.
2012: On May 26, 2011, House Resolution 282 was submitted by Representatives Judy Chu and Judy Biggert, and Senate Resolution 201 by Senators Scott Brown and Dianne Feinstien to formally express regret for the Chinese Exclusion Act of 1882 and other legislation that discriminated against people of Chinese origin in the United States. The U.S. Senate passed Resolution 201 by voice vote on October 6, 2011. The House passed House Resolution 683 by voice vote on June 18, 2012.