,,ii #aaeth ,,congress #ast ,session ,s4 #bbej ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,december #ai1 #bjag ,ms4 ,duckworth 7for herself1 ,ms4 ,hirono1 ,mr4 ,blumenthal1 ,mr4 ,schatz1 ,mr4 ,booker1 and ,mrs4 ,feinstein7 introduced the following bill2 which was read twice and referred to the ,committee on the ,judiciary ,a ,,bill ,to ensure due process protections of individuals in the ,united ,states against unlawful detention based solely on a protected characteristic4 #a4 ,short title ,this ,act may be cited as the ,korematsu-,takai ,civil ,liberties ,protection ,act of #bjag4 #b4 ,findings ,congress finds the following3 7#a7 ,on ,february #ai1 #aidb1 ,president ,franklin ,d4 ,roosevelt signed ,executive ,order #ijff 7#g ,fed4 ,reg4 #adjg2 relating to authorizing the ,secretary of ,war to prescribe military areas71 endowing the ,secretary of ,war and the designated military commanders of the ,secretary of ,war with the power to create military zones and forcibly exclude persons as the ,secretary of ,war and the designated military commanders determined to be necessary and desirable4 7#b7 ,on ,march #b1 #aidb1 military commander ,lieutenant ,general ,john ,l4 ,de,witt promulgated ,public ,proclamation ,no4 #a1 which declared that the entire ,pacific ,coast was particularly subject to attack1 to attempted invasion ''' and1 in connection therewith1 was subject to espionage and acts of sabotage and that such persons or classes of persons as the situation may require will by subsequent proclamation be excluded from all of ,military ,area ,no4 #a and ''' some zones ''' within ,military ,area ,no4 #b44 ,on that basis1 ,general ,dewitt designated all of ,california1 the western halves of ,oregon and ,washington1 and the southern half of ,arizona as ,military ,area ,no4 #a4 7#c7 ,on ,march #ba1 #aidb1 ,president ,roosevelt signed the ,act of ,march #ba1 #aidb 7#ef ,stat4 #agc1 chapter #aia7 7commonly referred to as ,public ,law #ejc71 which stated1 ,whoever shall enter1 remain in1 leave1 or commit any act in any military area or military zone ''' shall ''' be guilty ''' and upon conviction shall be liable to a fine ''' or ''' imprisonment ''' or both4 '''4 7#d7 ,pursuant to ,executive ,order #ijff 7#g ,fed4 ,reg4 #adjg2 relating to authorizing the ,secretary of ,war to prescribe military areas71 ,public ,proclamation ,no4 #a1 and ,public ,law #ejc1 on ,march #bg1 #aidb1 ,general ,de,witt issued ,civilian ,exclusion ,order ,no4 #cd1 making it a crime for ,japanese ,americans to leave ,military ,area ,no4 #a4 7#e7 ,on ,may #c1 #aidb1 under the authority of ,civilian ,exclusion ,order ,no4 #cd1 ,general ,de,witt issued another military order making it a crime for ,japanese ,americans to remain in ,military ,area ,no4 #a and ordering those ,japanese ,americans into make-shift detention centers1 allowing those individuals to take only that which they could carry4 7#f7 ,the order of ,may #c1 #aidb1 created an impossible predicament for ,japanese ,americans-- 7,a7 as those orders were diametrically contradictory because-- 7i7 simultaneously1 ,japanese ,americans were made criminals whether they left their homes or did not leave their homes2 and 7ii7 obedience to one part of ,public ,law #ejc would necessarily violate the other2 and 7,b7 because the only way that ,japanese ,americans could avoid criminal prosecution was to submit to indeterminate incarceration in temporary detention camps through what was called an evacuation1 which was in fact a mass roundup of all individuals of ,japanese ancestry1 including orphans1 babies1 the ill1 and the elderly4 7#g7 ,congress established the ,commission on ,wartime ,relocation and ,internment of ,civilians1 which later found that1 ,decades of discrimination against immigrants from ,japan and public hostility toward ,americans of ,japanese descent fueled outraged shock at the ,pearl ,harbor attack44 7#h7 ,the ,february #aidb recommendation of ,general ,de,witt said1 ,the ,japanese race is an enemy race and while many second and third generation ,japanese born on ,american soil1 possessed of ,united ,states citizenship1 have become ,americanized1 the racial strains are undiluted ''' ,it therefore1 follows that along the vital ,pacific ,coast over #aab1jjj potential enemies1 of ,japanese extraction1 are at large today ''' ,the very fact that no sabotage has taken place to date is a disturbing and confirming indication that such action will be taken44 7#i7 ,by the spring of #aidc1 ,japanese ,americans were volunteering to serve in the ,armed ,forces of the ,united ,states1 and there was growing sentiment to allow them and their families to return home4 ,the testimony of ,general ,de,witt before a subcommittee of the ,committee on ,naval ,affairs of the ,house of ,representatives on ,april #ac1 #aidc1 highlighted the discriminatory nature of the orders to evacuate1 relocate1 and incarcerate ,japanese ,americans4 ,historians have quoted ,general ,de,witt as stating1 ,a ,jap's a ,jap6 ''' ,it makes no difference whether he is an ,american or not44 7#aj7 ,in #aidb1 there were #a1ajj1jjj nationals of enemy nations in the ,united ,states1 and1 of those individuals1 fewer than #d percent were ,japanese nationals4 ,a curfew was enacted that applied to nationals from ,germany1 ,italy1 and ,japan4 ,american citizens of ,japanese ancestry also had to abide by the curfew1 whereas1 ,american citizens of ,german ancestry and ,italian ancestry did not4 7#aa7 ,individuals were forced to leave their homes and livelihoods behind4 ,most bank accounts were frozen or confiscated as enemy assets4 ,people were allowed to take what they could carry1 excluding any item that the ,government deemed contraband4 7#ab7 ,there were #aj permanent incarceration sites1 all of which were in isolated areas-- 7,a7 at ,gila ,river1 ,arizona2 7,b7 at ,poston1 ,arizona2 7,c7 at ,jerome1 ,arkansas2 7,d7 at ,rohwer1 ,arkansas2 7,e7 at ,manzanar1 ,california2 7,f7 at ,tule ,lake ,segregation ,center1 ,california2 7,g7 at ,granada1 ,colorado 7commonly referred to as ,amache72 7,h7 at ,minadoka1 ,idaho2 7,i7 at ,topaz1 ,utah2 and 7,j7 at ,heart ,mountain1 ,wyoming4 7#ac7 ,each incarceration site held between #g1jjj and #ah1jjj individuals1 and a total of approximately #abj1jjj ,japanese ,americans were ultimately detained4 7#ad7 ,some ,japanese ,americans1 including ,fred ,korematsu1 ,gordon ,hirabayashi1 and ,minoru ,yasui1 challenged the detention1 exclusion1 and curfew orders aimed at ,japanese ,americans4 7#ae7 ,in ,june #aidc1 the ,supreme ,court of the ,united ,states unanimously decided ,hirabayashi v4 ,united ,states1 #cbj ,u4,s4 #ha 7#aidc71 and the companion case ,yasui v4 ,united ,states1 #cbj ,u4,s4 #aae 7#aidc74 ,in the ,hirabayashi case1 the ,supreme ,court found that both the power delegated to the military to impose curfews and the ,executive orders creating that power were constitutional despite-- 7,a7 their applications primarily to ,americans of ,japanese ancestry on the basis of the particular racial characteristics of ,americans of ,japanese ancestry2 and 7,b7 the fact that the ultimate result of the orders was imprisonment for an indefinite period of confinement that was imposed without-- 7i7 the right to an attorney2 7ii7 the right to notice of the charges against the individual being imprisoned2 and 7iii7 the right to a trial4 7#af7 ,on ,december #ah1 #aidd1 the ,supreme ,court of the ,united ,states1 in the #f-c decision in ,korematsu v4 ,united ,states1 #cbc ,u4,s4 #bad 7#aidd71 held that the order requiring exclusion of persons of ,japanese ancestry from ,states on the ,west ,coast was constitutional4 ,the majority of the ,court-- 7,a7 found that the order did not violate the ,fifth ,amendment to the ,constitution of the ,united ,states and was constitutional as a military necessity2 and 7,b7 cited the racial characteristic justification from the ,hirabayashi case to support the decision in the ,korematsu case4 7#ag7 ,the dissenting ,justices in the ,korematsu case pointed out the blatant race-based deprivation of constitutional rights caused by the curfew and exclusion orders as follows3 7,a7 ,justice ,jackson acknowledged the deference afforded to the other branches of the ,federal ,government in times of war but argued that such deference should not force the ,court to ratify or enforce unconstitutional orders4 ,justice ,jackson noted that ,fred ,korematsu should be found innocent1 as his guilt was based only in that he was born of different racial stock4 7,b7 ,justice ,murphy emphasized that the ,united ,states was not under martial law and that such exclusion goes over the very brink of constitutional power1 and falls into the ugly abyss of racism4 7,c7 ,justice ,roberts explicitly acknowledged the racist basis of the orders1 stating that the obvious purpose of the orders made1 taken together1 was to drive all citizens of ,japanese ancestry into ,assembly ,centers within the zones of their residence1 under pain of criminal prosecution44 ,justice ,roberts also explained the clear unconstitutional basis of the orders1 pointing out that if a citizen was constrained by two laws1 or two orders having the force of law1 and obedience to one would violate the other1 to punish him for violation of either would deny him due process of law44 7#ah7 ,the public1 ,congress1 and the ,president began efforts to address the wrongs of incarceration and to provide redress for individuals who had been incarcerated4 7#ai7 ,in #aiga1 ,congress repealed the ,emergency ,detention ,act of #aiej1 approved ,september #bc1 #aiej 7#fd ,stat4 #ajai71 which granted the ,president the power to detain individuals without due process and establish detention centers1 through the passage of the ,act entitled ,an ,act to amend title #ah1 ,united ,states ,code1 to prohibit the establishment of detention camps1 and for other purposes1 approved ,september #be1 #aiga 7#he ,stat4 #cdh7 7commonly referred to as the ,non-,detention ,act of #aiga74 ,senator ,daniel ,inouye and the ,japanese ,american ,citizens' ,league led efforts to repeal the ,emergency ,detention ,act of #aiej4 7#bj7 ,executive ,order #ijff 7#g ,fed4 ,reg4 #adjg2 relating to authorizing the ,secretary of ,war to prescribe military areas7 was officially terminated on ,december #ca1 #aigf1 by ,president ,gerald ,r4 ,ford through ,presidential ,proclamation #ddag1 dated ,february #ai1 #aigf 7#da ,fed4 ,reg4 #ggda74 ,president ,ford condemned ,executive ,order #ijff as a national mistake1 asking the public to affirm the ,american ,promise1 a promise to learn from the tragedy of that long-ago experience forever to treasure liberty and justice for each individual ,american1 and resolve that this kind of action shall never again be repeated44 7#ba7 ,in #aihj1 ,congress established the ,commission on the ,wartime ,relocation and ,internment of ,civilians4 ,after public hearings around the country and review of all documentation the ,commission was able to compile1 the ,commission-- 7,a7 issued a report titled ,personal ,justice ,denied with recommendations on legislative remedies to address the incarceration2 and 7,b7 concluded that the military orders and subsequent curfew1 exclusion1 and detention were not based on military necessity but instead arose due to race prejudice1 war hysteria and a failure of political leadership44 7#bb7 ,in #aihc1 petitions for writs of error coram nobis were filed in ,federal courts on behalf of ,fred ,korematsu1 ,gordon ,hirabayashi1 and ,minoru ,yasui based on the discovery of secret intelligence reports and memoranda of the ,department of ,justice1 the ,federal ,bureau of ,investigation1 the ,federal ,communications ,commission1 the ,navy1 and the ,army categorically denying that ,japanese ,americans had committed any wrong and admitting that there was no reason to incarcerate ,japanese ,americans4 ,lawyers of the ,department of ,justice who were responsible for defending the ,government during the original cases in #aidc and #aidd characterized the claims of the ,army that ,japanese ,americans were engaging in espionage as intentional falsehoods and characterized the justification of a military necessity as a fabrication4 ,the lawyers unsuccessfully pleaded with the ,solicitor ,general of the ,united ,states at the time of the orders1 ,charles ,fahy1 to disclose to the ,supreme ,court of the ,united ,states these intelligence reports1 stating that to withhold the contents of the reports would approximate the suppression of evidence4 ,the ,supreme ,court of the ,united ,states has cautioned that writs of coram nobis should be granted only under certain circumstances compelling such action to achieve justice and to correct errors of the most fundamental character4 7#bc7 ,between #aihc and #aihg1 ,federal courts granted petitions for writs of coram nobis for ,fred ,korematsu and ,gordon ,hirabayashi1 vacating their criminal convictions for violating ,public ,law #ejc1 finding that fundamental error had resulted from suppression of evidence1 destruction of evidence1 and presentation of false and misleading information to the ,supreme ,court of the ,united ,states by the ,federal ,government4 ,minoru ,yasui died while his case was in the process of appeal1 and1 as such1 he never received an evidentiary hearing4 7#bd7 ,president ,ronald ,w4 ,reagan-- 7,a7 urged ,congress to pass the ,civil ,liberties ,act of #aihh 7#ej ,u4,s4,c4 ,app4 #aihi;b et seq471 which apologized for the incarceration of ,japanese ,americans and authorized payment to the survivors1 saying the ,civil ,liberties ,act of #aihh was needed to end a sad chapter in ,american history in a way that reaffirms ,america's commitment to the preservation of liberty and justice for all2 and 7,b7 signed the ,civil ,liberties ,act of #aihh into law on ,august #aj1 #aihh4 7#be7 ,in #bjaa1 the ,acting ,solicitor ,general of the ,united ,states1 ,neal ,katyal1 issued an admission of misconduct for the orders and actions against ,japanese ,americans during ,world ,war ,,ii4 ,acting ,solicitor ,general ,katyal admitted that his predecessor1 ,solicitor ,general ,charles ,fahy1 had made gross generalizations based on race and had failed to disclose a naval intelligence report concluding that ,japanese ,americans1 including those incarcerated1 did not pose a threat to the national security of the ,united ,states4 7#bf7 ,fred ,korematsu received the ,presidential ,medal of ,freedom for his civil rights work from ,president ,william ,j4 ,clinton in #aiih4 ,gordon ,hirabayashi received the ,presidential ,medal of ,freedom in #bjab from ,president ,barack ,h4 ,obama4 ,minoru ,yasui received the ,presidential ,medal of ,freedom from ,president ,obama posthumously in #bjae4 7#bg7 ,korematsu v4 ,united ,states1 #cbc ,u4,s4 #bad 7#aidd71 is now part of the anti-canon1 a group of cases including ,dred ,scott v4 ,sandford1 #fj ,u4,s4 #cic 7#aheg71 ,plessy v4 ,ferguson1 #afc ,u4,s4 #ecg 7#ahif71 and ,lochner v4 ,new ,york1 #aih ,u4,s4 #de 7#aije71 that1 though found to be constitutional at the time1 are now viewed as precedent not to be relied upon and as lessons on how not to repeat the mistakes of history4 7#bh7 ,the right to be free from discrimination based on membership in a protected class and the right to due process are enshrined in the ,constitution of the ,united ,states4 7#bi7 ,section #a of the #adth ,amendment to the ,constitution of the ,united ,states provides that no state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the ,united ,states2 nor shall any ,state deprive any person of life1 liberty1 or property1 without due process of law2 nor deny to any person within its jurisdiction the equal protection of the laws44 7#cj7 ,the #adth ,amendment to the ,constitution of the ,united ,states embodies the principle that the government must treat citizens as individuals1 and not as members of racial1 ethnic1 or religious groups44 7#ca7 ,despite the rejection of ,korematsu v4 ,united ,states1 #cbc ,u4,s4 #bad 7#aidd71 and the dark legacy of the incarceration of individuals of ,japanese ancestry during ,world ,war ,,ii1 the ,korematsu case is still used as a justification for discrimination under the guise of national security4 7#cb7 ,a spokesman for ,great ,america ,,pac said on a broadcast of the ,fox ,news ,network that incarceration of ,japanese ,americans provided the precedent for the proposal for a registry of ,muslims made by then ,president-elect ,donald ,j4 ,trump4 7#cc7 ,in #bjae1 then ,presidential candidate ,donald ,j4 ,trump told the ,american ,broadcasting ,company 7commonly referred to as ,,abc7 that he would have to consider the same policies as ,president ,franklin ,d4 ,roosevelt1 even on a temporary basis because what ,i am doing is no different than what ,,fdr--,,fdr's solution for ,germans1 ,italians1 ,japanese1 you know1 many years ago44 7#cd7 ,courts have rejected efforts to ban entry of individuals to the ,united ,states solely on the basis of the national origin or religious background of those individuals1 efforts that include the detention of certain individuals at airports without individualized due process following the implementation of ,executive ,order #acgfi 7#hb ,fed4 ,reg4 #higg2 relating to protecting the ,nation from foreign terrorist entry into the ,united ,states7 and ,executive ,order #acghj 7#hb ,fed4 ,reg4 #acbji2 relating to protecting the ,nation from foreign terrorist entry into the ,united ,states74 7#ce7 ,justice ,jackson1 in ,korematsu v4 ,united ,states1 #cbc ,u4,s4 #bad 7#aidd71 warned that1 once a judicial opinion rationalizes such an order to show that it conforms to the ,constitution1 or rather rationalizes the ,constitution to show that the ,constitution sanctions such an order1 the ,court for all time has validated the principle of racial discrimination in criminal procedure and of transplanting ,american citizens4 ,the principle then lies about like a loaded weapon1 ready for the hand of any authority that can bring forward a plausible claim of an urgent need44 7#cf7 ,leaders such as the late ,representative ,mark ,takai from ,hawaii were dedicated to remembering the injustices suffered by ,japanese ,americans and fighting to ensure the equal protection of the civil liberties of every citizen for all future generations4 ,representative ,takai served #bj years in the ,house of ,representatives of ,hawaii and had a distinguished career in the ,national ,guard of ,hawaii1 earning the rank of ,lieutenant ,colonel before being elected to ,congress in #bjad4 ,representative ,takai was an advocate for the establishment of the ,honouliuli ,national ,monument1 the first monument dedicated to teaching future generations about the incarceration camps for individuals of ,japanese ancestry during ,world ,war ,,ii4 ,representative ,takai said1 ,the internment of ,japanese ,american citizens during ,world ,war ,,ii is a tragic example of what happens when we allow fear and hatred to take the place of rational and just actions44 ,one of the last acts of ,representative ,takai in the ,house of ,representatives of ,hawaii was the passage of ,civil ,rights ,day legislation remembering ,fred ,korematsu and the historic fight of ,fred ,korematsu for due process and civil rights4 ,representative ,takai said ,now more than ever1 we must learn from the mistakes of the past ''' and educate the coming generations about the importance of civil liberties for all people44 #c4 ,prohibition against unlawful detention ,section #djja of title #ah1 ,united ,states ,code1 is amended-- 7#a7 by redesignating subsection 7b7 as subsection 7c72 and 7#b7 by inserting after subsection 7a7 the following3 7b7 ,prohibition on detention based on protected characteristics 7#a7 ,in general ,no individual may be imprisoned or otherwise detained based solely on an actual or perceived protected characteristic of the individual4 7#b7 ,definition ,in this subsection1 the term protected characteristic includes-- 7,a7 race2 7,b7 ethnicity2 7,c7 national origin2 7,d7 religion2 7,e7 gender2 7,f7 gender identity2 and 7,g7 sexual orientation4 4