December 18, 2017

Duckworth, Hirono Announce Legislation to Ensure National Embarrassments Like Japanese American Internment Are Never Repeated

Korematsu-Takai Civil Liberties Protection Act of 2017 would prevent against imprisonment or detainment based solely upon protected characteristics


[WASHINGTON, D.C.] – On the anniversary of the widely-condemned Korematsu Supreme Court decision that led to the internment of thousands of Japanese Americans during World War II, U.S. Senators Tammy Duckworth (D-IL) and Mazie Hirono (D-HI) intend to introduce the Korematsu-Takai Civil Liberties Protection Act of 2017 (S. 2250) to prevent similar civil and human rights travesties from happening on U.S. soil ever again. Their legislation is named in honor of the late U.S. Congressman Mark Takai from Hawaii for his long-time leadership on this issue prior to his passing. With President Trump’s continued efforts to restrict minority and immigrant civil and human rights, the bill would help our nation stop repeating history by ensuring that no individual is imprisoned or detained based upon a protected characteristic such as race, ethnicity, religion, gender, gender identity or sexual orientation. U.S. Congressman Mark Takano introduced companion legislation in the U.S. House of Representatives.

“We, as a nation, must never forget or repeat the horrors thousands of Japanese Americans experienced as prisoners within our own borders. We must also continue to do everything we can to ensure such a national travesty never happens again. I’m proud to introduce this bill with Senator Hirono in remembrance of my dear friend and former colleague Mark Takai to reinstate our commitment to protecting civil liberties and strengthen our resolve to ensure we never again repeat such shameful acts,” said Senator Duckworth.

“The internment of Japanese Americans was deeply wrong and set a precedent—that it should never happen again. However, the President and his administration continue to advance divisive policies and rhetoric that demonize the Muslim community and other minority communities. By repudiating this legal precedent that could allow a travesty like the internment to happen again, we are standing up for the civil rights of all communities, a worthy cause that I’m sure our friend Mark Takai would have joined us on,” said Senator Hirono.

“This legislation is an important acknowledgement of the injustice suffered by my grandparents, parents, and more than 115,000 others who were relocated and imprisoned based on nothing more than their heritage,” said Rep. Mark Takano. “This stain on our history must serve as a warning of what happens when we allow fear and hate to overwhelm our basic respect for one another. I am proud to introduce this legislation in the House, and I could not think of a more appropriate way to honor the memory of Congressman Mark Takai, who was a good friend, a great public servant, and an even better person.”

In 1942, the Lieutenant General of the Western Command of the Army issued Civilian Exclusion Order 34, which directed that all people of Japanese ancestry be removed from designated areas of the West Coast because they were considered to pose a threat to national security. Fred Korematsu bravely challenged that Civilian Exclusion Order. However, on December 18, 1944, the Supreme Court affirmed his conviction in Korematsu v. United States. The Non-Detention Act of 1971 sought to remedy this problem by repudiating the legal framework allowing the government to detain U.S. citizens by deeming them national security risks. However, the Non-Detention Act did not specifically bar detentions or imprisonment based on characteristics such as race or religion. The Korematsu-Takai Civil Liberties Protection Act of 2017 would fix this problem once and for all.

“‘Stand Up For What is Right’ is what my father said and Senator Duckworth and Senator Hirono epitomize that call to action by introducing this bill to prohibit the detention of individuals in the U.S. based solely on their actual or perceived protected characteristics,” said Karen Korematsu, founder and executive director of the Fred T. Korematsu Institute. “I am grateful to the Senators for introducing this bill on the 73rd Anniversary of Korematsu v. United States decision. At this time of national stress, it is fitting to bring attention to one of the worst U.S. Supreme Court decisions of all times. Even though my father’s federal conviction was vacated in 1983 after it was discovered that the government engaged in extreme misconduct, the original U.S. Supreme Court decision was never overturned—although it has been widely discredited. I hope the members of Congress will take up my father’s call to action and ‘stop repeating history’ by passing this bill.”

“This legislation is an important step towards ensuring what happened to Japanese Americans during World War II is never repeated,” said David Inoue, executive director of the Japanese American Citizens League. “It is a fitting tribute to the late Congressman Takai who dedicated his career to ensuring the legacy of the Japanese American experience would be remembered so that no other group would suffer similar infringement of their civil rights.”

“The specter of the Korematsu decision haunts us to this day,” said National Asian Pacific American Bar Association (NAPABA) president Pankit Doshi. “With this bill, Congress has the chance to repudiate the Supreme Court’s ruling and prevent the country from repeating a dark chapter of our nation’s history. We thank Senators Duckworth, Hirono, and Representative Takano for their leadership in trying to overturn this widely condemned decision. As leaders in the legal profession and in recognition of our history as Asian Pacific Americans, NAPABA fully supports the introduction and passage of this legislation.”

“The decision to uphold the conviction of Fred Korematsu was a travesty of justice in our history and a dark day in the civil liberties and civil rights of all Americans,” said John C. Yang, president and executive director of Asian Americans Advancing Justice (AAJC). “In this past year, we have been shocked to see that Mr. Korematsu’s case was used as precedent in support of recent morally unconscionable actions by this government, most notably the Muslim travel ban. We applaud Senator Duckworth for introducing this legislation and are proud to support this bill to uphold Mr. Korematsu’s legacy in making sure such acts of injustice against Americans never happen again.”

Cosponsors of the Korematsu-Takai Civil Liberties Protection Act of 2017 include U.S. Senators Richard Blumenthal (D-CT), Cory Booker (D-NJ), Dianne Feinstein (D-CA) and Brian Schatz (D-HI).

This legislation has been endorsed by the following: The Korematsu Institute, Stop Repeating History, Anti-Defamation League, Arab American Anti-Discrimination Committee, Asian Americans Advancing Justice, Asian Pacific American Institute for Congressional Studies, Asian Pacific American Labor Alliance, Council on American-Islamic Relations, Human Rights Campaign, Impact Fund , Japanese American Citizens League, Lambda Legal, Leadership Conference on Civil and Human Rights, Muslim Advocates, NAACP, National Asian, Pacific American Bar Association, National Asian Pacific American Womens Forum, OCA - Asian Pacific American Advocates, South Asian Americans Leading Together , and UnidosUS

Full text of the bill is available here.