To combat hate crimes, pass bill now
The proposed COVID-19 Hate Crimes Act is a simple piece of legislation. Less than 400 words, it should be passed by Congress because it will ultimately help deter violence against Asian Americans and other victims of pandemicrelated discrimination.
The act provides for the designation of a person at the U.S. Department of Justice whose sole responsibility “shall be to facilitate the expedited review of COVID-19 hate crimes” and issue related reports to federal, state and local law enforcement agencies.
Every 30 days, the designated person will be required to submit to Congress a report on the status of the cases reviewed, including information about resources provided to complainants; actions taken to investigate incidents; data on the race, ethnicity and socioeconomic background of victims; and the locations of occurrences.
This information will place legislators and law enforcement officers in a better position to understand and fight the acts of violence that so often accompany hateful speech.
Under the act, a COVID-19 hate crime is a crime of violence motivated by the actual or perceived relationship of a person’s “race, color, religion, national origin, sexual orientation, gender, gender identity, or disability” to the spread of the coronavirus.
The language of the act will protect not only Asian Americans, many of whom have been terrorized by threats and violence during the pandemic, but also the potential victims of other types of discriminatory violence related to COVID-19.
Contrary to claims by some critics, nothing in the proposed act criminalizes hateful speech. Rather, the perpetrators’ deeds are criminal actions, which, because of the hateful animus, may warrant greater punishment. The underlying crimes — such as assault, murder, vandalism and arson — are already on the books. The free speech provisions of the First Amendment give no one the right to physically injure another in order to express discriminatory hate.
There has been a surge of hate crimes nationwide against Asian Americans. These crimes have resulted in personal injuries and damage to property, such as business establishments. The recent killing of six Asian American women at spas in Georgia may have been a hate crime within the meaning of the proposed act.
Forty-six states already have hate crimes laws on the books, and so does the federal government. However, the protections enacted by the states are inconsistent. And the federal government needs to make protection of Asian Americans a higher priority.
Passing the COVID-19 Hate Crimes Act recognizes the urgency of addressing discrimination against Asian American victims related to the ongoing pandemic. This is particularly true because prominent politicians have fanned the flames of discrimination by making statements implying that all Asian Americans bear responsibility for a catastrophic health crisis they could not have prevented.
Scapegoating an entire minority group with responsibility for the existence of a virus is wrong.
President Joe Biden was right to call on Congress to swiftly pass the COVID-19 Hate Crimes Act because, as he explained, “every person in our nation deserves to live their lives with safety, dignity and respect.” It is a question of values.