,,iii #aaeth ,,congress #ast ,session ,s4 ,,res4 #ch ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,february #a1 #bjag ,ms4 ,hirono 7for herself1 ,mr4 ,sanders1 ,mr4 ,wyden1 ,mr4 ,booker1 ,mr4 ,schatz1 ,mr4 ,brown1 ,mr4 ,whitehouse1 ,ms4 ,cantwell1 ,ms4 ,warren1 ,mr4 ,blumenthal1 ,mr4 ,merkley1 ,mr4 ,kaine1 ,mrs4 ,murray1 ,mr4 ,coons1 and ,mr4 ,durbin7 submitted the following resolution2 which was referred to the ,committee on the ,judiciary ,,resolution ,recognizing ,january #cj1 #bjag1 as ,fred ,korematsu ,day of ,civil ,liberties and the ,constitution4 ,whereas1 on ,january #cj1 #aiai1 ,fred ,toyosaburo ,korematsu was born in ,oakland1 ,california1 to ,japanese immigrants2 ,whereas ,fred ,korematsu graduated from ,oakland ,high ,school in #aicg and attempted to enlist in the military twice but was unable to do so because his selective service classification was changed to enemy alien1 even though ,fred ,korematsu was a ,united ,states citizen2 ,whereas ,fred ,korematsu trained as a welder and worked as a foreman at the docks in ,oakland until the date on which he and all ,japanese ,americans were fired2 ,whereas1 on ,december #g1 #aida1 ,japan attacked the military base in ,pearl ,harbor1 ,hawaii1 causing the ,united ,states to declare war against ,japan2 ,whereas1 on ,february #ai1 #aidb1 ,president ,franklin ,d4 ,roosevelt signed ,executive ,order #ijff 7#g ,fed4 ,reg4 #adjg 7,february #be1 #aidb771 which authorized the ,secretary of ,war to prescribe military areas-- 7#a7 from which any or all people could be excluded2 and 7#b7 with respect to which1 the right of any person to enter1 remain in1 or leave would be subject to any restriction the ,military ,commander imposed in his discretion2 ,whereas1 on ,may #c1 #aidb1 the ,lieutenant ,general of the ,western ,command of the ,army issued ,civilian ,exclusion ,order #cd 7,may #c1 #aidb7 7referred to in this preamble as the ,civilian ,exclusion ,order7 directing that all people of ,japanese ancestry be removed from designated areas of the ,west ,coast after ,may #i1 #aidb1 because people of ,japanese ancestry in the designated areas were considered to pose a threat to national security2 ,whereas ,fred ,korematsu refused to comply with the ,civilian ,exclusion ,order and was arrested on ,may #cj1 #aidb2 ,whereas1 after his arrest1 ,fred ,korematsu-- 7#a7 was held in squalor for #b months in the ,presidio stockade in ,san ,francisco1 ,california2 7#b7 was convicted on ,september #h1 #aidb1 of violating the ,civilian ,exclusion ,order and sentenced to #e years of probation2 and 7#c7 was detained at ,tanforan ,assembly ,center1 a former horse racetrack used as a holding facility for ,japanese ,americans before he was exiled with his family to the ,topaz internment camp in the ,state of ,utah2 ,whereas more than #abj1jjj ,japanese ,americans were similarly detained1 with no charges brought and without due process1 in #aj permanent ,war ,relocation ,authority camps located in isolated desert areas of the ,states of ,arizona1 ,arkansas1 ,california1 ,colorado1 ,idaho1 ,utah1 and ,wyoming2 ,whereas the people of the ,united ,states subject to the ,civilian ,exclusion ,order lost their homes1 livelihoods1 and the freedoms inherent to all people of the ,united ,states2 ,whereas ,fred ,korematsu unsuccessfully challenged the ,civilian ,exclusion ,order as it applied to him and appealed the decision of the ,united ,states ,district ,court to the ,united ,states ,court of ,appeals for the ,ninth ,circuit1 which sustained his conviction2 ,whereas ,fred ,korematsu was subsequently confined with his family in the internment camp in ,topaz1 ,utah1 for #b years1 and during that time1 ,fred ,korematsu appealed his conviction to the ,supreme ,court of the ,united ,states2 ,whereas1 on ,december #ah1 #aidd1 the ,supreme ,court of the ,united ,states issued ,korematsu v4 ,united ,states1 #cbc ,u4,s4 #bad 7#aidd71 which-- 7#a7 upheld the conviction of ,fred ,korematsu by a vote of #f to #c2 and 7#b7 concluded that ,fred ,korematsu was removed from his home not based on hostility toward him or other ,japanese ,americans but because the ,united ,states was at war with ,japan and the military feared a ,japanese invasion of the ,west ,coast2 ,whereas1 in his dissenting opinion in ,korematsu v4 ,united ,states1 #cbc ,u4,s4 #bad 7#aidd71 ,justice ,frank ,murphy called the ,civilian ,exclusion ,order the legalization of racism2 ,whereas ,fred ,korematsu continued to maintain his innocence for decades following ,world ,war ,,ii1 and his conviction hampered his ability to gain employment2 ,whereas1 in #aihb1 legal historian ,peter ,irons and researcher ,aiko ,yoshinaga-,herzig gained access to ,government documents under section #eeb of title #e1 ,united ,states ,code 7commonly known as the ,freedom of ,information ,act71 that indicate that while the case of ,fred ,korematsu was before the ,supreme ,court of the ,united ,states1 the ,federal ,government misled the ,supreme ,court of the ,united ,states and suppressed findings that ,japanese ,americans on the ,west ,coast were not security threats2 ,whereas1 in light of the newly discovered information1 ,fred ,korematsu filed a writ of error coram nobis with the ,united ,states ,district ,court for the ,northern ,district of ,california1 and on ,november #aj1 #aihc1 ,united ,states ,district ,judge ,marilyn ,hall ,patel issued her decision in ,korematsu v4 ,united ,states1 #ehd ,f4 ,supp4 #adjf 7,n4,d4 ,cal4 #aihd71 that-- 7#a7 overturned the conviction of ,fred ,korematsu2 7#b7 concluded that1 at the time that senior ,government officials presented their case before the ,supreme ,court of the ,united ,states in #aidd1 the senior ,government officials knew there was no factual basis for the claim of military necessity for the ,civil ,exclusion ,order2 and 7#c7 stated that although the decision of the ,supreme ,court of the ,united ,states in ,korematsu v4 ,united ,states1 #cbc ,u4,s4 #bad 7#aidd71 remains on the pages of ,united ,states legal and political history1 as historical precedent it stands as a constant caution that in times of war or declared military necessity our institutions must be vigilant in protecting constitutional guarantees2 ,whereas the ,commission on ,wartime ,relocation and ,internment of ,civilians1 authorized by ,congress in #aihj to review the facts and circumstances surrounding the relocation and internment of ,japanese ,americans under ,executive ,order #ijff 7#g ,fed4 ,reg4 #adjg 7,february #be1 #aidb771 concluded that-- 7#a7 the decision of the ,supreme ,court of the ,united ,states in ,korematsu v4 ,united ,states1 #cbc ,u4,s4 #bad 7#aidd71 is overruled by the court of history2 7#b7 a grave personal injustice was done to the ,united ,states citizens and resident aliens of ,japanese ancestry who1 without individual review or any probative evidence against them1 were excluded1 removed1 and detained by the ,united ,states during ,world ,war ,,ii2 and 7#c7 the exclusion1 removal1 and detention of ,united ,states citizens and resident aliens of ,japanese ancestry was motivated largely by racial prejudice1 wartime hysteria1 and a failure of political leadership2 ,whereas the overturning of the conviction of ,fred ,korematsu and the findings of the ,commission on ,wartime ,relocation and ,internment of ,civilians influenced the decision by ,congress to pass the ,civil ,liberties ,act of #aihh 7#ej ,u4,s4,c4 #dbaa et seq47 to request a ,presidential apology and the symbolic payment of compensation to people of ,japanese ancestry who lost liberty or property due to discriminatory actions of the ,federal ,government2 ,whereas1 on ,august #aj1 #aihh1 ,president ,reagan signed the ,civil ,liberties ,act of #aihh 7#ej ,u4,s4,c4 #dbaa et seq471 stating1 ,here we admit a wrong2 here we reaffirm our commitment as a nation to equal justice under the law42 ,whereas1 on ,january #ae1 #aiih1 ,president ,clinton awarded the ,medal of ,freedom1 the highest civilian award of the ,united ,states1 to ,fred ,korematsu1 stating1 in the long history of our country's constant search for justice1 some names of ordinary citizens stand for millions of souls3 ,plessy1 ,brown1 ,parks4 ,to that distinguished list1 today we add the name of ,fred ,korematsu42 ,whereas1 despite the fact that history demonstrates that discriminatory actions breed immoral1 unconscionable1 and unconstitutional actions levied against religious1 ethnic1 and racial minorities in the name of national security1 recent actions by ,president ,trump have publicly fanned religious1 ethnic1 and racial prejudices2 ,whereas1 on ,january #bg1 #bjag1 ,president ,trump issued-- 7#a7 an ,executive order that suspends for #ij days the entry into the ,united ,states of immigrants and nonimmigrants who are nationals of #g ,muslim-majority countries1 prohibiting the issuance of any visa to relatives1 family members1 and tourists from the #g designated countries based solely on the nationality of the individual2 7#b7 an ,executive order indefinitely suspending the admission as refugees of ,syrian nationals1 even though1 as of ,january #bjag1 there are more than #d1jjj1jjj registered ,syrian refugees who have fled the destructive civil war in ,syria2 7#c7 an ,executive order slashing refugee admissions numbers for fiscal year #bjag from #aaj1jjj to #ej1jjj1 even as other countries move to take in refugees2 and 7#d7 an ,executive order directing the ,united ,states ,refugee ,assistance ,program to prioritize refugee claims based on religious persecution in which the religion of the refugee is a minority religion in the country of nationality of the refugee1 a priority that singles out for exclusion members of the ,islamic faith2 ,whereas ,fred ,korematsu remained a tireless advocate for civil liberties and justice throughout his life by-- 7#a7 speaking out against racial discrimination and violence targeting ,arab1 ,muslim1 ,south ,asian1 and ,sikh ,americans in the wake of the ,september #aa1 #bjja1 tragedy2 and 7#b7 cautioning the ,federal ,government against repeating mistakes of the past that singled out individuals for heightened scrutiny on the basis of race1 ethnicity1 nationality1 or religion2 ,whereas1 on ,march #cj1 #bjje1 ,fred ,korematsu died at the age of #hf in ,larkspur1 ,california2 ,whereas ,fred ,korematsu is a role model for all people of the ,united ,states who love the ,united ,states and the promises contained in the ,constitution of the ,united ,states1 and the strength and perseverance of ,fred ,korematsu serve as an inspiration for all people who strive for equality and justice2 and ,whereas the recent actions of ,president ,trump run directly counter to the history and legacy of justice exemplified by ,fred ,korematsu3 ,now1 therefore1 be it ,that the ,senate-- 7#a7 honors ,fred ,toyosaburo ,korematsu for his-- 7,a7 loyalty and patriotism to the ,united ,states2 7,b7 work to advocate for the civil rights and civil liberties of all people of the ,united ,states2 and 7,c7 dedication to justice and equality2 7#b7 recognizes ,january #cj1 #bjag1 as ,fred ,korematsu ,day of ,civil ,liberties and the ,constitution2 and 7#c7 denounces any governmental effort to discriminate against any individual based on the national origin or religion of the individual4