A History of Exclusion

Immediately after Pearl Harbor

From the collection of Roger Shimomura, courtesy of the Wing Luke Museum

Executive Order 9066, Issued Feb. 19, 1942

President Franklin Delano Roosevelt authorized the military to issue orders to control the Japanese American population on the West Coast.

The first group was taken from Bainbridge Island

Bailey Gatzert School classroom after evacuation of Japanese Americans, Seattle, 1942. The school lost

about 45 percent of its student body when Japanese Americans were removed to internment camps

in 1942.

Camp Harmony, Puyallup Fairgrounds

Minidoka, Idaho

Manzanar, Mojave Desert, California

3 Individuals challenged the internment of 120,000 Japanese Americans … all the way to the Supreme

Court!

Min YasuiGordon Hirabayashi

Fred Korematsu

Gordon Hirabayashi

The “racial characteristics” argument

“[S]ocial, economic and political conditions” have intensified their

solidarity and have in large measure prevented their assimilation as

an integral part of the white population.”

For example,

– Children of Japanese parentage sent to Japanese language schools – “generally believed to be sources of Japanese nationalistic propaganda, cultivating allegiance to Japan.”

– A large number of resident alien Japanese of mature years and occupying positions of influence within their community.

The “insufficient time” argument

Supreme Court focused on the military judgment that there was insufficient time to precisely and quickly ascertain the number and strength of those who were disloyal.

Korematsu v. United States, 323 U.S. 214 (1944)

Hirabayashi v. United States,320 U.S. 81 (1943).

“[W]here, as they did here, the conditions call for the exercise of judgment and discretion by the war-making branches of gov’t, it is not for any court to sit in review of the wisdom of their action or substitute its judgment for theirs.”

Korematsu v. United States

• “It should be noted, to begin with, that all legal restrictions which curtail the civil rights of a single racial group are immediately suspect. . . .

• Pressing public necessity may sometimes justify the existence of such restrictions; racial antagonism never can.”

Justice Hugo Black wrote the opinion in 1944

Korematsu v. United StatesThe Court relied on its opinion on Hirabayashi v. United States

“Like curfew, exclusion of those of Japanese origin was deemed necessary because of the presence of an unascertained number of disloyal members of the group, most of whom we have no doubt were loyal to this country.”

Suspected disloyalty on the part of some was confirmed by fact that, after interned, approximately 5,000 American citizens of Japanese ancestry refused to swear unqualified allegiance to U.S.

If you were interned in a camp as you’ve seen, do you think YOU would have sworn unqualified allegiance to the United States?

Korematsu v. United States

“Korematsu was not excluded from the military area because of hostility to him or his race. He was excluded . . . because the properly constituted military authorities . . . decided that the military urgency of the situation demanded that all citizens of Japanese ancestry be segregated from the West Coast temporarily.”

Acknowledging Mistakes!(OK … not until the 1980s!)

Hirabayashi v. United States,828 F.2d 591 (9th Cir. 1987)

• “A United States citizen who is convicted of a crime on account of race is lastingly aggrieved.”

• - Judge Mary Schroeder

Korematsu v. United States, 584 F. Supp. 1406 (N.D. Cal. 1984)

• “Korematsu . . . stands as a caution that in times of international hostility and antagonisms our institutions, legislative, executive and judicial, must be prepared to exercise their authority to protect all citizens from the petty fears and prejudices that are so easily aroused.”

Congressional Commission on Wartime Relocation and Internment of Civilians

• “Executive Order 9066 was not justified by military necessity, and the decisions that followed it-- detention, ending detention, and ending exclusion--were not driven by analysis of military conditions.

• The broad historical causes which shaped these decisions were race prejudice, war hysteria and a failure of political leadership."

How this is relevant TODAYAfter 9/11 CNN/USA Today conducted a

Gallup pollThe Findings:

– 58% favored requiring all Arabs, including U.S. citizens, to undergo special and more intense security screening before boarding planes to help prevent terrorist attacks

– 49% felt that Arabs and Arab Americans should carry some form of special identification

Another survey conducted immediately after 9/11 asked, “Would you favor or oppose . . . [a]llowing the U.S. government to take legal immigrants from unfriendly countries to internment camps during times of tension or crisis?”

– 29% were in favor, and 57 percent were not. The rest responded that they did not know how to answer or refused to answer.

National Defense Authorization Act passed in 2012

Authorizes the military to indefinitely detain citizens and lawful permanent residents without due process, if suspected of supporting terrorist activity.

This is why you should know your constitutional rights and be able to advocate for yourself and others!