WASHINGTON, DC – Today, on the anniversary of Executive Order 9066 that began the horrific incarceration of thousands of Japanese Americans during World War II, U.S. Senators Mazie K. Hirono (D-HI) and Tammy Duckworth (D-IL), and U.S. Representative Mark Takano (D-CA) reintroduced the Korematsu-Takai Civil Liberties Protection Act, legislation that would establish a clear legal prohibition against un-American policies that seek to imprison individuals solely on the basis of race, religion, nationality, sex, gender identity, sexual orientation, ethnicity or disability. As President Donald Trump and his Administration continue their dangerous efforts to whitewash and ignore our nation’s history, passing this bill would recognize the dark chapter of history that Executive Order 9066 represents, honor the families impacted and safeguard vital freedoms that are supposed to protect all Americans against arbitrary imprisonment or detention with no due process, as happened to Japanese Americans during World War II.
“On this Day of Remembrance, we reaffirm our commitment to ensuring that blatant attacks on civil liberties, such as the incarceration of more than 120,000 Japanese Americans, never occur again,” said Senator Hirono. “Amidst continued attacks on vulnerable communities, I am proud to reintroduce this legislation to safeguard and protect our vital freedoms in honor of the legacies of Fred Korematsu and Congressman Mark Takai.”
This 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, and Fred Korematsu, who bravely challenged the Civilian Executive Order in the Supreme Court that directed all people of Japanese ancestry be removed from designated areas on the West Coast.
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 challenged that Civilian Exclusion Order. However, on December 18, 1944, the Supreme Court upheld 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 would fix this problem once and for all.
Along with Senators Hirono and Duckworth, the Korematsu-Takai Civil Liberties Protection Act is cosponsored by Senators Tammy Baldwin (D-WI), Cory Booker (D-NJ), Richard Blumenthal (D-CT), Tim Kaine (D-VA), Amy Klobuchar (D-MN), Ed Markey (D-MA), Catherine Cortez Masto (D-NV), Patty Murray (D-WA), Alex Padilla (D-CA), Jack Reed (D-RI), Bernie Sanders (I-VT), Brian Schatz (D-HI), Adam Schiff (D-CA), Tina Smith (D-MN), Chris Van Hollen (D-MD), Peter Welch (D-VT), and Ron Wyden (D-OR).
Along with Representative Takano, the legislation is co-led by Representatives Doris Matsui (D-CA) and Jill Tokuda (D-HI).
The full text of the legislation is available here.
Senator Hirono first introduced legislation to award Fred Korematsu with the Congressional Gold Medal in 2019. Since 2018, she has led the effort to recognize January 30 as “Fred Korematsu Day of Civil Liberties and the Constitution.” Senator Hirono has also supported the Korematsu-Takai Civil Liberties Protection Act since introducing it in 2017.
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