https://reason.com/2021/04/23/senate-passes-anti-asian-hate-crimes-bill-that-doesnt-prohibit-discrimination-in-college-admissions/
The Senate overwhelmingly passed a bill that purportedly combats anti-Asian hate on Thursday. The vote was 94–1.
The bill would create a new position within the Justice Department to review anti-Asian hate crimes related to the COVID-19 pandemic. It also requires the Department of Health and Human Services to issue guidance on preventing anti-Asian discrimination.
“There has been a dramatic increase in hate crimes and violence against Asian-Americans and Pacific Islanders,” the bill asserts. (It explicitly names the Atlanta spa killings as an example of this, though it’s not actually clear the shooter was motivated by anti-Asian animus.)
The lone dissenter on the vote was Sen. Josh Hawley (R–Mo).
“As a former prosecutor, my view is it’s dangerous to simply give the federal government open-ended authority to define a whole new class of federal hate crime incidents,” said Hawley in a statement.
He has a point, though this bill is not particularly vast or sweeping. The stronger argument against the bill is that it does nothing to address one of the most obvious—and odious—forms of anti-Asian discrimination: college admissions.
Many elite colleges, public universities, and even selective high schools explicitly discriminate against Asian applicants in order to artificially tinker with the racial makeup of the campus population. This means that Asian students whose grades and test scores would have gained them admission had they been white, black, or Hispanic are routinely turned away. Contrary to popular belief, the biggest beneficiaries of these schemes are often white students.
Courts have generally held that race-based admissions do not violate civil rights law if they are very narrowly tailored. But Congress could explicitly require educational institutions that receive federal dollars to cease discriminating against Asian applicants. (They could even call it an antiracist initiative.)
Sen. Ted Cruz (R–Texas) proposed an amendment to the bill along these lines, but it was defeated in a close vote: 48–49. Thus the version that passed the Senate aims to tackle anti-Asian hatred, but is silent on perhaps the most common and systemic form of anti-Asian bigotry in the U.S.