WASHINGTON, D.C. – In a joint statement with the Asian Pacific American Labor Alliance (APALA) and the Southeast Asia Resource Action Center (SEARAC), OCA – Asian Pacific American Advocates applauds U.S. Senators Kamala Harris (D-California) and Rand Paul (R-Kentucky) on the introduction of the Bail Reform Bill, the Pretrial and Safety Act.
 
The bipartisan legislation would address many of the pressing issues with the current money bail system and work to create a more equitable criminal justice system by:

• Authorizing grant money to encourage states to replace money bail practices and establishing criteria to obtain grants;
• Approving additional grant funds for the Bureau of Justice Statistics to establish a National Pretrial Reporting Program to collect data on processing defendants; And
• Requiring an annual report to the Department of Justice to ensure transparency and accountability in the aforementioned grant programs.

 
The current money bail system disproportionately harms low-income communities and people of color, with 9 of ten defendants being unable to afford to post bail. Even for minor crimes, bail can exceed $20,000. However, nearly half of defendants that are “high risk” are released, due to their ability to afford bail. Therefore, OCA commends Senator Harris and Senator Paul for their efforts in bringing this bill to the Senate.
 
“Asian American Pacific Islanders (AAPIs) are typically overlooked in calculating the incarceration rate, but under the “other” category, AAPIs make up 9 to 11% of those held in state and federal prison system,” said Vicki Shu, OCA National Vice President of Public Affairs. “Asian Americans, particularly the Southeast Asian and Pacific Islander communities, understand the devastating impact of mass incarceration on low-income communities, and OCA will continue to support efforts to create positive reform of the money bail system and criminal justice system as a whole.”
 
“Our system, which already profits off the incarceration of Black and Brown bodies, perpetuates a cycle of criminalization for AAPI and other communities of color. If we are to truly make strides in reforming the criminal justice system, we must invest in solutions that promote restorative justice based on compassion and commitment for all communities,” said Alvina Yeh, Executive Director of APALA. “This includes investing in a variety of solutions from reforming the bail system to passing banning the box policies to countering the administration's mass deportation agenda that fuels the private prison industry and the mass incarceration of people of color."

“Southeast Asian Americans have among the highest poverty rates and lowest educational attainment rates of any racial/ethnic group in the country, due to their history as refugees. Where data exists, we also know that they are subject to high rates of arrest and criminalization. Outdated and costly money bail systems penalize the most vulnerable of our communities,” said Quyen Dinh, Executive Director of SEARAC. “It is about time that lawmakers work across the aisles to address the disproportionate impact of criminal justice policies like this on low-income communities, immigrants, and people of color. We applaud this bipartisan effort by Harris and Paul."

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Last week, the Trump administration released three new executive orders signaling the administration’s intent to double down on “tough on crime” policies that have fueled mass incarceration and police violence for decades. The Asian Pacific American Labor Alliance, AFL-CIO (APALA) and the Southeast Asian Resource Action Center (SEARAC) strongly condemn the latest executive actions, which send the message that this administration intends to scapegoat and criminalize communities of color, including Southeast Asian American, Native Hawaiian, and Pacific Islander communities, under the false pretenses of “public safety.”
 
The executive orders call for the attorney general, former Senator Jeff Sessions, to set up a “Task Force on Crime Reduction and Public Safety,” and empower Sessions to report on whether existing laws adequately punishes individuals who commit crimes against law enforcement, opening the door to tougher sentencing laws.
 
The Trump administration has repeatedly tried to stoke fear among Americans by claiming that violent crime has surged when in fact, crime in the U.S. is at an all time low. The 2014 murder rate was lower than at any point during a 44-year period since 1965, and increased only slightly in 2015.[1] The orders also threaten to worsen relations between law enforcement and communities they serve as police could exploit their power over communities with little consequence. Further, it counter acts recent bipartisan efforts to address mass incarceration through sentencing reform.
 
“It’s not surprising that these orders came hand in hand with the newly confirmed Attorney General Jeff Sessions, whose track record shows his opposition to worker, immigrant and civil rights,” stated APALA National President Johanna Puno Hester, Assistant Executive Director of the United Domestic Workers, AFSCME Local 3930. “These ‘safety’ task forces that are to be created will make our communities less safe overall. We’re not fooled by these directives, and we will continue to resist, organize, and fight back.”
 
“What’s worrisome is the expansion of the police, military and prison state, where crimes--or those perceived to be--against law enforcement are more severely punished,” stated APALA Executive Director Gregory A. Cendana. “The executive orders that seek to prevent violence against law enforcement represents an effort to institutionalize the misguided ‘Blue Lives Matter’ and ‘All Lives Matter’ platforms and could have disastrous consequences for our families and friends who encounter police whose power over our bodies will go practically unchecked.”
 
Quyen Dinh, Executive Director of the Southeast Asia Resource Action Center, added, “As a community of refugees, Cambodian, Laotian, and Vietnamese youth are subject to some of the highest arrest and incarceration rates in states such as California. Our community needs restorative justice policies that nurture trust between vulnerable communities and law enforcement. Instead, the Trump administration has chosen to drive a bigger wedge between them. We call on Congress to reject baseless fearmongering and get back to work finding solutions that will make our communities stronger through new models of restorative justice, police accountability, and community healing.”
 
For more information on our criminal justice work, please check out the “AAPIs Behind Bars: Exposing the School-to-Prison-to-Deportation Pipeline” by APALA, SEARAC, Advancing Justice Los Angeles, Asian Prisoner Support Committee, and the National Education Association.