The Federal Response to 

Anti-Asian Racism in the 

United States

Key Findings from U. S. Commission on Civil Rights Report

Throughout 2020 and 2021 incidents of growing anti-Asian sentiment and hate crimes 

against persons of Asian descent were reported across the nation. Between March 

20, 2020, and December 31, 2021, there were 10,905 reported hate incidents against 

persons of Asian descent collected by Stop AAPI Hate’s reporting center. In light of the 

increase in anti-Asian racism and discrimination, this report examines the rise in antiAsian hate crimes in the U.S. from 2019 through 2021 and the federal role in preventing 

and enforcing federal hate crime laws.

THE HISTORY 

OF ANTI-ASIAN 

DISCRIMINATION IN 

THE UNITED STATES

People of Asian descent have been 

living in the U.S. for centuries. As with 

many marginalized communities, Asian 

communities have faced a long history of 

discrimination in the United States. 

The myth of the “perpetual foreigner” continues to 

play a role in understanding the rise of anti-Asian 

racism and discrimination during the pandemic. The 

first major migration of Asian immigrants to the U.S. 

occurred in the 19th century. From 1875 to 1965, 

the federal government enacted several laws that 

infringed on the rights of people of Asian descent 

living in the U.S., as well as imposed immigration 

limits from China, Japan, and other Asian countries. 

Such laws perpetuated stereotypes about Asian 

Americans, which have contributed to the anti-Asian 

sentiment and bias-motivated attacks experienced 

during the COVID-19 pandemic.

COVID-19 AND ANTI-ASIAN 

HATE CRIMES

During the pandemic, there were several other names 

that were used in the media and by government officials 

to refer to COVID-19, including the “Chinese virus,” 

the “Kung flu,” and the “Wuhan virus,” potentially 

perpetuating negative views of Asian individuals and 

communities and leading to many Asian Americans 

feeling blamed for bringing COVID-19 to the U.S. This 

resulted in stereotypes, racism, and xenophobia towards 

Chinese people or people perceived to be Chinese. As 

the virus spread, so did discrimination, fear, and violence 

towards many members of Asian communities. This 

discrimination manifested in various types of biasmotivated incidents including harassment, racial slurs, 

and shunning, as well as violent actions such as battery, 

assault, vandalism, and murder. 

Research shows that hate 

crimes against Asian Americans 

increased 149 percent in 2020 

across 18 cities.

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HATE CRIMES: BARRIERS TO PREVENTION AND ACTION

A major impediment to understanding the severity and magnitude of hate crimes against persons of Asian 

descent is the lack of comprehensive data. Without mandatory national data collection and training law 

enforcement on how to accurately identify and report hate crimes, preventing these crimes is substantially 

challenging. Hate crime victims are less likely to report incidents due to fear of retaliation, concerns that 

justice would not be served, and distrust in the criminal justice system. Hate crime data are underreported 

by victims and by law enforcement and are less likely to be reported to police compared to other types 

of crimes. Some research suggests that Asian Americans may be even less likely to report discriminatory 

behavior when it occurs.

Another major barrier to gaining a comprehensive understanding of the magnitude of hate violence against 

Asian communities may be due to incidents not rising to the legal benchmark of a hate crime. Many incidents 

that are reported to community organizations, such as being spit on or called racial slurs are not accounted 

for in official numbers, yet still invoke fear in community members.

Language access serves as a major barrier to action: few police departments have officers fluent 

in Asian languages, even in metropolitan areas with high numbers of AAPI residents. Under the COVID-19 

Hate Crimes Act, funding is provided for state and local incident reporting hotlines, and in May 2022, the 

Department of Justice expanded its language services to be available in 18 of the most frequently spoken 

AAPI languages across the nation. However, at the Commission’s briefing panelists testified the local 

reporting hotlines, victim services, and law enforcement were not accessible to victims with limited English 

proficiency, possibly pointing to a discrepancy between federal and local resource availability.

Data & Reporting:

 The FBI should require local law enforcement to submit 

crime data, or in lieu of that, Congress should make 

submission mandatory, or consider a range of options to 

expand implementation.

 Federal civil rights agencies should be required to collect 

and report critical data related to civil rights enforcement 

and the Attorney General to annually publish this data.

 Law enforcement agencies should improve data collection, 

requiring the tracking and reporting of both hate incidents 

and hate crimes, and ensuring reporting forms are easy 

to mark an incident or crime as a suspected hate incident

or crime.

Training & Partnerships:

 The Justice Department should provide safety training 

and workshops in the respective languages of targeted 

communities, expand federal funding for community 

advocacy groups fighting hate crimes, and codify the role of

the language access coordinator into federal law to ensure 

that all individuals have equal access to justice and access to 

federal programs and benefits regardless of language access.

 Prosecutors and law enforcement should vigorously 

investigate and prosecute hate crimes and harassment

against Asian Americans. 

 Increased investment in the strengthening and expansion 

of local networks will enable victims to have ready access 

to community-based places where they can report attacks, 

receive support services, and take safety training and 

workshops in their own languages.

Civil Rights Protections:

 Title II of the Civil Rights Act should be expanded to include 

retail stores and other businesses where discrimination 

occurs to protect employees and customers from biasbased discrimination and harassment.

SUGGESTED POLICY SOLUTIONS 

FOR MORE INFORMATION, VISIT WWW.USCCR.GOV