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** OCA Advises Against Department of Justice Using Asian Americans as a Wedge Group in Yale Affirmative Action Case
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FOR IMMEDIATE RELEASE

20 August 2020

Contact: Matthew Nguyen-Ngo | Civil Rights Fellow
202.223.5500 | [email protected] ([link removed] [email protected])

Washington, DC - OCA-Asian Pacific American Advocates denounces the Department of Justice’s (DOJ) recent statement claiming Affirmative Action discriminates against Asian Americans and white individuals ([link removed]) . This is just the latest in a long history of attempts to characterize Asian Americans and Pacific Islanders (AAPIs) as a model minority, pitting them against other communities of color to suppress the advancement of racial justice.

The DOJ’s interpretation of the 1964 Civil Rights Act is deeply flawed, and fails to account for Affirmative Action’s crucial role in advancing racial equity and quality of education. Educational institutions have not used racial quota-based admission policies since Grutter v. Bollinger. ([link removed]) Rather, the constitutionality of race-conscious admissions has been upheld on the basis that having a diverse student body is beneficial for the quality of education. College and university admissions consider an applicant’s race as one factor that contributes to their unique perspective and experiences, as part of a holistic and “narrowly tailored” review process. This hardly meets the DOJ’s characterization of race-conscious admissions as “discrimination on the basis of race, color, or national origin.”

Furthermore, one cannot deny the demonstrable disparities in access to education experienced by communities of color, including many AAPI communities that the DOJ’s statement fails to consider. For example, Pacific Islanders, Vietnamese, Laotians, Cambodians, Hmong, and Burmese Americans all experienced lower rates of college education ([link removed]) than their white counterparts between 2012-2016. Additionally, Pakistanis, Bangladeshis, Thai, Chinese, Nepalese, and every previously listed group experienced lower rates of high school graduation. Striking down race-conscious admissions will further constrict these groups’ already reduced access to education, along with rolling back the progress made by other communities of color.

“The AAPI community is incredibly diverse in every demographic aspect. To say that all members of this community benefit from equal privileges is a gross erasure of their wide spectrum of socioeconomic status, access to education, and family backgrounds,” says Roland Hwang, Vice President of Public Affairs. “When Asian Americans are used as a wedge minority to advocate against a crucial policy for racial equity, we are being scapegoated. Considering the significant percentages of white students admitted under legacy and athletic programs ([link removed]) , we cannot allow AAPIs to be used as a bludgeon against a policy proven to help close the education gap.”

OCA–Asian Pacific American Advocates is a national civil rights organization dedicated to improving the social, political, and economic well-being of Asian American and Pacific Islanders (AAPIs).

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View this statement online here ([link removed]) .

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