In an historic move, the families of Gordon Hirabayashi, Minoru Yasui, and Fred Korematsu — the three men behind three landmark Supreme Court cases that challenged the constitutionality of Japanese American incarceration (JACL’s Power of Words) — filed a joint amicus brief to the Supreme Court yesterday paralleling President Donald Trump’s Muslim ban with the forcible imprisonment of Japanese Americans in camps during World War II.
In 1942, Gordon Hirabayashi and Minoru Yasui filed separate Supreme Court cases challenging the constitutionality of a federally-imposed curfew on Japanese Americans, a precursor to removal orders that led to the World War II incarceration of Japanese American citizens. That same year, Fred Korematsu was arrested after he refused to report for removal and relocation orders, and his appeal of that arrest formed the basis of his Supreme Court challenge of Executive Order 9066. These three cases — along with the Ex Parte Endo decision — form the bulk of the Supreme Court case history on federal targeting of specific racial or ethnic minority groups under the auspices of national security.
One need not try too hard to see the relevance of this case history on today’s fight to stop Trump’s attempt Muslim travel ban.
75 years ago today, an American president passed an executive order that led to the forcible removal and incarceration of 120,000 Japanese and Japanese American men, women and children in American concentration camps (Note: JACL’s Power of Words Handbook).
For years, Japanese and Japanese American civilians were imprisoned in hastily-erected assembly centers and camps under harsh, isolated conditions and guarded by American soldiers whose guns were pointed inward. Racism lay at the root of this incarceration: America’s federal government offered the thin reasoning that incarcerees’ race was proof that Japanese American citizens and their parents were spies for the Japanese military. Actor George Takei was a child of 5 when he was labeled a threat to national security by his government, and forced by gunpoint to a distant incarceration camp.
Today, America is poised to repeat the mistakes of its history. A new president sits in the Oval Office who routinely uses the spectre of national security threats to target groups of people with discriminatory executive action. Compared to 1942, the victims may differ but the federal government’s reasoning is the same: entire communities of innocent civilians are being labeled as enemies of the state by virtue of their race alone.
Over 900 Asian American Studies scholars from across the United States issued a joint statement today decrying President-Elect Donald Trump’s proposal to create a national registry of Muslims and Muslim Americans.
Yesterday, I reported that Trump supporter Carl Higbie had appeared on Fox News’ The Kelly File to offer Japanese American incarceration (a note on language by the JACL) as a legal precedent for a national Muslim registry.
Last night, Higbie was invited back onto The Kelly File to clarify his statements (video after the jump).