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Demonstrators protests against Harvard University’s admission process at Copley Square in Boston, Massachusetts, on October 14, 2018. Since 2014, Students for Fair Admissions, an anti-affirmative action group, has been fighting a case against Harvard for an unfair admissions policy it says discriminates against Asian-Americans. Photo: Bloomberg
Opinion
Jin Qiu
Jin Qiu

Affirmative action in US universities is unfair, not least to Asian-Americans

  • Preferential treatment in university admissions for some minorities but not others is neither fair nor in the American spirit
  • It also takes away from the achievements of those, like Asian-Americans, who have managed to succeed without affirmative action, or even in spite of it
With the conservative US Supreme Court likely to overturn race-based affirmative action for university admissions in the coming days, many have spoken out about the need for such a policy even though most Americans believe it should be banned.
Even if we were to disregard the voice of the majority in our democracy, the principle of affirmative action – the preference given to minority groups who have historically been discriminated against in the US – is neither aligned with the ideals of our enlightened society nor faithfully applied.

Affirmative action is not an end in itself but a means contrived to achieve a specific end. That end is to “ensure that applicants are treated equally without regard to race, colour, religion, sex or national origin”, according to the executive order signed by president John F. Kennedy in 1961.

Nothing is more ironic and illogical than implementing a means opposite to the end it strives for. So much for Dr Martin Luther King Jnr’s dream for his children to one day “live in a nation where they will not be judged by the colour of their skin but by the content of their character”.

The current practice of affirmative action, even if one were to endorse its principle, also begs the question of why Asians are notably excluded. From the passing of the 1882 Chinese Exclusion Act in response to “yellow peril” fears – the notion that Asian immigrants were stealing American jobs, simply because they worked hard and were willing to take less pay – to the forced relocation of Japanese-Americans to internment camps during World War II, the Asian-American community has not been immune to historical discrimination and marginalisation in the US.
Nor are we free from racism today, as manifested in the rise in Asian hate crimes at the peak of the Covid-19 lockdowns and amid worsening US-China relations.
People hold up placards during a rally opposing a Texas bill to outlaw property ownership by people from China, North Korea, Iran and Russia, on January 29 in Dallas. Photo: The Dallas Morning News/TNS

Affirmative action in universities rests upon a simple axiom: the only way to increase the share going to certain groups while not enlarging the pie means reducing the shares of other groups. The favouring of particular minorities when applicants compete for the same spots without increasing the overall number of seats available inevitably adversely affects the minorities who do not receive this preferential treatment – and is hence unfair.

The lack of discussion over this, in comparison to other minority communities, intentional or otherwise, is due to the lack of political voice from the Asian-American community. Any over-representation of Asian-Americans in elite college enrolment as a result of merit is overshadowed by an equal, if not worse, underrepresentation in our government and political debates, with just 14 Asian-American members of the House of Representatives out of a total of 434.

Should Asian-Americans be given special electoral preferences to ensure that our representation in Congress is proportional to our population? Should an Asian-American be appointed to sit on the Supreme Court since there has never been an Asian-American justice? How about bringing affirmative action to the NBA where just 0.2 per cent of players are of Asian descent so we can have “equality of opportunity” in sports?

The educational success of Asians in the United States was never the result of initiatives on the part of the federal government or society at large to actively uplift the community. Nor did Asian-Americans ever need the half-baked commitment of Harvard University carrying out affirmative action in the name of levelling the playing field, while at the same time allowing for so-called legacy admissions – a preference given to family members of alumni.

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If Justice Sonia Sotomayor in her memoir, My Beloved World, is indeed right about the purpose of affirmative action, that it is “to create the conditions whereby students from disadvantaged backgrounds could be brought to the starting line”, this effort is negated by the simultaneous allowance of privileges like family legacies and large donations in the admission process, which skew the “starting line”, the very thing affirmative action was supposed to correct.

Thus, the current form of affirmative action is neither a necessary nor sufficient condition to uplift minorities. Policies in the public and private sector, education system, job market and elsewhere should be focused less on the equality of outcome – whether admitting students based on a racial distribution to achieve a certain level of classroom diversity or meeting diversity obligations to satisfy a company’s shareholders – and more on true equality of opportunity.

That should include providing educational resources in disenfranchised communities to improve academic performance and fostering awareness of the importance of higher education to economic prosperity and social mobility.

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As a first-generation Asian-American, the generalisation that Asian-Americans are hardworking, for better or worse, can indeed be partly attributed to the work ethic and salutary culture inculcated by immigrant parents who believe the land of the free is a meritocracy that offers opportunities to everyone, so long as they work hard.

And if one historically oppressed minority group can succeed without affirmative action – or rather in spite of it – so can others. Suggesting certain groups cannot, and that therefore we must resort to affirmative action, is in defiance of the reality of the minority groups who did exactly that and disregards their efforts in doing so.

Jin Qiu is a first-generation Chinese-American pursuing a bachelor’s degree in economics and finance in the United States

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