Marin Independent Journal

US hunt for Chinese spies fuels backlash concerns

- By Amy Qin

The FBI agents spent nearly two years tailing the professor, following him to work, to the grocery store and even keeping his college-age son under surveillan­ce. They told the university where he held a tenured position that he was a Chinese operative, prompting the school to cooperate with their investigat­ion and later fire him.

But the FBI was unable to find evidence of espionage, according to an agent’s testimony in court.

Federal prosecutor­s pressed charges anyway, accusing Anming Hu of concealing his ties with a university in Beijing and defrauding the government in connection with research funds he had received from NASA. The trial ended in a hung jury. One juror called the case “ridiculous.” In September, a judge took the rare step of acquitting the Chinese-born scientist on all counts.

“It was the darkest time of my life,” Hu said, in his first in-depth interview since being acquitted.

Universiti­es in the United States once welcomed the best and brightest scientific talents from around the world. But government officials have become increasing­ly suspicious that scientists such as Hu are exploiting the openness of American institutio­ns to steal sensitive taxpayerfu­nded research at the behest of the Chinese government. It’s had a chilling effect across campuses that scientists and university administra­tors say has slowed research and contribute­d to a flow of talent out of the United States that may benefit Beijing.

In interviews with several scientists of Chinese descent working in American universiti­es, a picture emerged of a community on edge. Some described being humiliated by mandatory training on foreign interferen­ce that featured only examples of ethnic Chinese scientists, and unexplaine­d delays for visa renewals. They were all concerned that seemingly anything — a collaborat­ion with another scientist from China, a slip-up on a disclosure form — could provide an opening for federal investigat­ors to come knocking.

The trial of Hu, who worked at the University of Tennessee at Knoxville, is being held up as a clear example of government overreach. He was under house arrest for 18 months during the investigat­ion with no job or income, reliant on GoFundMe donations for his legal defense fees. Neighbors and church friends delivered groceries and took out his garbage. Although the university has since offered to reinstate his job, Hu, a naturalize­d Canadian citizen, said his immigratio­n status remains in limbo.

“My basic human rights were invaded, my reputation was destroyed, my heart was deeply hurt, my family was hurt,” he said. “This is not fairness.”

A recent study conducted by the University of Arizona and the Committee of 100, an organizati­on of prominent Chinese Americans, surveyed scientists of both Chinese and non-Chinese descent working at academic institutio­ns in the United States on issues of race and ethnicity in science and research. Around half of the Chinese scientists surveyed — including some American citizens — said they felt they were being surveilled by the U.S. government. Some have blamed a law enforcemen­t program called the China Initiative, which was started during the Trump administra­tion and has continued under President Joe Biden.

The program is aimed at preventing the Chinese government’s theft of American trade secrets and other acts of espionage. But scholars, scientists, civil rights groups and lawmakers have asked whether it has gone too far in targeting academics, especially since most research done at universiti­es is unclassifi­ed and eventually published.

Nearly 2,000 academics at institutio­ns including Stanford University, the University of California, Berkeley and Princeton University have signed open letters to U.S. Attorney General Merrick Garland expressing concerns that the initiative disproport­ionately targets researcher­s of Chinese descent and urging that the program be terminated.

Hu was the first academic charged under the China Initiative to stand trial. So far the FBI has brought 12 prosecutio­ns at universiti­es or research institutio­ns in three years, but none have involved charges of economic espionage or theft of trade secrets or intellectu­al property. Most involved allegation­s such as wire fraud, lying to federal investigat­ors and failure to disclose ties with China.

Behind the recent scrutiny of academics is a problem years in the making.

Over the past two decades, as federal funding for basic scientific research at universiti­es stagnated, scientists sought alternativ­e sources of money. Eager to expand their global footprint, American universiti­es promoted collaborat­ions with internatio­nal peers, including in China. Beijing, which has set its sights on becoming a science and technology superpower, was happy to oblige.

Researcher­s took advantage of growing opportunit­ies in China, including talent recruitmen­t programs, lucrative consulting contracts, honorary titles and grants.

But the Chinese government sometimes used these relationsh­ips to steal or incentiviz­e the transfer of intellectu­al property from American companies. As the Trump administra­tion intensifie­d scrutiny of espionage by China, it expanded the dragnet to include academic collaborat­ion, prompting federal agencies that provide funding — and some universiti­es — to step up enforcemen­t of policies on the disclosure of foreign ties and conflicts of interest.

“There’s no room for xenophobia or ethnic profiling,” said Anna Puglisi, a senior fellow at Georgetown University’s Center for Security and Emerging Technology. “But what gets lost in the discussion is the bigger question that we need to be asking, which is: ‘Do we have the system in place to mitigate the behavior and central government policies of a nation state that are specifical­ly set up to target the seams in our system?’”

A Justice Department spokespers­on said the department was dedicated to countering Chinese efforts to undermine national security, but that the department also took concerns about discrimina­tion seriously.

For now, unease is growing. Yiguang Ju, a professor of mechanical and aerospace engineerin­g at Princeton University and a naturalize­d U.S. citizen, said it had been the honor of a lifetime in 2010 when NASA asked him to help develop a plan for the future of American rocketry.

If he were to receive the same invitation today, he would decline, he said. The spotlight on Chinese scientists at academic institutio­ns was too great, and the pride of working with the agency not worth the possible risk to him and his family. “It’s not because I don’t want to serve,” he said. “I’m scared to serve.”

That fear comes as China has started to experience a reverse brain drain. Over the past decade, a growing number of Chinese scientists have been lured back to the country by the promise of ample funding, impressive titles and national pride. More recently, scientists returning to China have cited a hostile environmen­t in the United States as a factor.

Westlake University, a research university in the eastern Chinese city of Hangzhou, has recruited an impressive roster of talent, including many who once held faculty positions at top American schools. In August, Westlake announced several new hires, including a tenured professor from Northweste­rn University and another from University of Illinois at Urbana-Champaign.

Shi Yigong, a prominent molecular biologist and the president of Westlake University, said colleagues have complained about the atmosphere of suspicion in the United States. “For those who have chosen to relinquish their jobs in the U.S., sometimes I do hear stories of a bitter nature,” Shi said. “I think some of them, not all of them, have been singled out for what I think was pretty harsh treatment.”

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