Investigations and Prosecutions of Researchers of Asian Descent in the United States: The Impact on Human Rights and the Scientific Enterprise

The CHR and the IHRN have continued efforts to raise awareness about wrongful investigations and prosecutions involving researchers of Asian descent in the United States and to advocate for targeted colleagues. During the past several years, U.S. prosecutors have brought criminal proceedings against numerous scientists and scholars of Asian descent only to see these cases collapse once all the facts have emerged, with devastating personal and professional consequences for the colleagues involved. Over a dozen criminal cases against researchers of Asian descent were brought under the China Initiative, a program originally created by the Department of Justice (DOJ) in 2018 to counter economic espionage and theft of trade secrets, but which over time increasingly came to focus on research integrity-related allegations. In February 2022, the DOJ announced that it would no longer group its investigations and prosecutions under the China Initiative label. However, concerns remain about what impact this change will have in practice.

Numerous individuals and organizations have voiced concern that researchers of Asian origin have been profiled and targeted under the China Initiative and that this, in turn, has had a chilling effect on academic collaboration. For a number of years, the CHR has joined others within the U.S. and international scientific and human rights communities in requesting an investigation of these disturbing cases and accountability for rights abuses. The IHRN issued a public statement on this issue in February 2022. During the 2022 NAS Annual Meeting, the CHR held a briefing for NAS members that examined the devastating effects of these wrongful criminal investigations and prosecutions for human rights and the scientific enterprise. MIT professor of engineering and NAE member Dr. Gang Chen and Temple University professor of physics Dr. Xiaoxing Xi discussed their experiences as the targets of unjust criminal prosecutions and the need to ensure that efforts to protect national security are consistent with human rights standards. A recording of the session is available to view on the CHR website. A similar event was hosted for NAE members in November 2022.