U.S. SUPREME COURT OKAYS JAPANESE AMERICAN INTERNMENT

Washington, D.C. December 18, 1944

On December 7 and 8, 1941, the Empire of Japan launched an unpro­voked air and sea attack on U.S. mili­tary assets in the Central and Western Pacific Ocean, at Pearl Harbor, Hawaii, and the Philip­pines, respec­tively. On Decem­ber 11, 1941, the U.S. Con­gress declared war on the aggres­sor nation. Seventy days later, on Febru­ary 19, 1942, U.S. Presi­dent Frank­lin D. Roose­velt signed Exec­u­tive Order 9066. The order autho­rized the Secre­tary of War and the U.S. armed forces to remove people of Japa­nese ances­try from what were now desig­nated Mili­tary Exclu­sion Areas 1 and 2. Viola­tion of man­dates issued under Exec­u­tive Order 9066 by top War Depart­ment person­nel were hence­forth fed­er­al crimes. The mili­tary areas were now legally off limits to Japan­ese-born resi­dents (labeled “alien enemies”) and Japa­nese Amer­i­can citi­zens who were born in the U.S. (labeled “non-alien enemies”). FDR’s order con­tra­dicted many years’ worth of Feder­al Bureau of Inves­ti­ga­tion (FBI) and U.S. naval intel­ligence data that attested to resi­dents of Japa­nese descent posing no nation­al secu­rity threat, and the order flew in the face of govern­ment studies that recom­mended against mass exclusion and incarceration.

Executive Order 9066 set in motion the mass deten­tion and forced relo­ca­tion of more than 120,000 peo­ple of Japa­nese ances­try to intern­ment camps surrounded by barbed wire fencing and armed guards. Most peo­ple up­rooted, dis­pos­sessed of their real pro­per­ty (homes, busi­nesses, farms, farming imple­ments, cars, boats, bank and savings accounts, etc.), and incar­ce­rated in the boon­docks came from the West Coast and two-thirds of them (nearly 80,000) were Amer­i­can citi­zens. Almost half were chil­dren. In accor­dance with Roose­velt’s exec­u­tive order, the mili­tary trans­ported the evac­uees to 27 sites in states west of the Mississippi (see map below).

Japanese nationals and Ameri­can-born West Coast resi­dents swept up by FDR’s Civil­ian Exclu­sion Order (offi­cial name of the mili­tary evac­u­a­tion order) put their lives on hold and entered impri­son­ment, perhaps con­soled by the Japa­nese expres­sion “shikata ga nai,” or “it can’t be helped.” Owner of a flower nur­sery in San Lean­dro, Cali­for­nia, Kaku­sa­buro Kore­mat­su, his wife, and all but one son obeyed their evac­u­a­tion order upon receipt. Twenty-three-year-old Fred did not. In what was the most momen­tous deci­sion of his life, Fred opted to dis­obey the curfew and exclu­sion orders. He thought that the stat­ute under which he faced removal and impri­sonment was a vio­la­tion of his rights as an American.

Fred Korematsu went into hiding only to be arrested on May 30, 1942. Even­tu­ally he landed in the San Fran­cisco county jail. At the behest of the Amer­i­can Civil Libert­ies Union Kore­mat­su agreed to use his arrest to test the lega­lity of Japa­nese Amer­i­can evic­tion and intern­ment. His attor­neys charged the presi­dent, Con­gress, and the mili­tary with having engaged in uncon­sti­tu­tional actions against Kore­mat­su and, in effect, Japa­nese Ame­r­icans by seeking to deny them a hearing or other due process pro­tec­tions. On Septem­ber 8, 1942, Kore­mat­su was con­victed in a U.S. district court for vio­lating mili­tary exclu­sion orders issued under the author­ity of Exec­u­tive Order 9066. In time he ended up in the Topaz Relo­ca­tion Center in Utah where his parents had been sent.

Twice Korematsu appealed his 1942 conviction without success. In Octo­ber 1944 the nation’s highest court agreed to hear his appeal. On this date, Decem­ber 18, 1944, the U.S. Supreme Court ruled in a 6‑to‑3 deci­sion that the evac­u­a­tion order vio­lated by Kore­mat­us was valid, one jus­tice opining that the “mar­tial neces­sity arising from the danger of espi­o­nage and sabo­tage” by Japa­nese Amer­i­cans war­ranted the evac­u­a­tion order. The majo­rity of jus­tices dodged the consti­tu­tional racial dis­crim­i­na­tion issue in the case. Two dis­senting jus­tices faced that issue head on: one said the nation’s war­time secu­rity con­cerns were not suffi­cient to strip Kore­mat­su and 120,000 people of Japa­nese descent of the Equal Pro­tec­tion Clause of the Four­teenth Amend­ment to the U.S. Con­sti­tu­tion. A second dis­senter denounced the decision as the “legalization of racism.”

Executive Order 9066 Cleared the Way for the Forced Exile and Relocation of West Coast Japanese Nationals and Japanese Americans

Executive Order 9066: U.S. internment camps for Japanese Americans and enemy aliens

Above: Map showing (a) the massive West Coast World War II exclusion area (Mili­tary Areas 1 and 2) and (b) intern­ment camps in the conti­nen­tal U.S. for Japa­nese Amer­i­cans as well as for over 31,000 sus­pected enemy aliens and their fami­lies interned under the Enemy Alien Con­trol Pro­gram. The 10 hastily built intern­ment camps, euphe­mis­tically called “relo­ca­tion centers,” are iden­ti­fied by black triangles. The camps were built in 7 states all west of the Mis­sis­sippi. All the camps were remote; many were situ­ated in deso­late deserts or swamps. U.S. Depart­ment of Justice-admin­is­tered camps (there were 27) and U.S. Army camps (18) are repre­sented by stars; for example, Fort Mis­soula Intern­ment Camp in Mon­tana and Fort Lincoln Intern­ment Camp 5 miles/­8 km south of Bis­marck, North Dakota. It was to these often former Civil­ian Con­ser­va­tion Corps camps that people arrested in Decem­ber 1941 and early 1942—that is, before Exec­u­tive Order 9066 was in place—as well as thou­sands of German and Ital­ian nationals living in the U.S. or deported from Cen­tral and South America were brought. In the map legend, WCCA = War­time Civil Con­trol Admin­is­tra­tion, WRA = War Relo­cation Autho­rity. Pur­portedly for their own safety roughly 75,000 Japa­nese Amer­i­can citizens and 45,000 immi­grants from Japan living in the U.S., a num­ber equiv­a­lent to the popu­la­tion of Wil­ming­ton, N.C., would even­tu­ally be torn from their homes, neighbor­hoods, farms, fishing boats, and places of employ­ment and wor­ship in Cali­for­nia (where the major­ity lived), West­ern Oregon and Wash­ing­ton, and South­ern Arizona as part of the single-largest forced relo­ca­tion in U.S. his­tory. Eighty-five per­cent of all ethnic Japa­nese living in the conti­nen­tal U.S. were affected. On Decem­ber 17, 1944, one month after the in­famous deci­sion by the U.S. Supreme Court that upheld the legal­ity of Exec­u­tive Order 9066, the Roose­velt admin­is­tra­tion rescinded the mili­tary exclu­sion order, ending mass forced reloca­tion and allowing incar­cerees to return to the West Coast. Except for Tule Lake, the WRA camps would be emptied by the end of 1945.

Executive Order 9066: Japanese Amer­i­can “evac­uees” await their fateExecutive Order 9066: Topaz Relocation Center at Topaz, Utah

Left: Overseen by U.S. soldiers, these Japanese Amer­i­can “evac­uees” await their fate: either a train ride to an assem­bly cen­ter for ini­tial proces­sing while their relo­ca­tion cen­ter was under con­struc­tion or a train ride to their finished abodes. Fred Kore­ma­tu’s assem­bly cen­ter was the Tan­fo­ran Race­track south of San Fran­cisco, where over a month earlier his parents and sib­lings had been sum­moned by their mili­tary evac­u­a­tion order. Incarcerees at Tan­fo­ran lodged in cramped, crowded, and dirty horse stalls infested with mice and other vermin. Full-term women gave birth in such stalls.

Right: This bleak 1942 aerial view depicts the Topaz Relo­ca­tion Center at Topaz, Utah. Com­plete with armed guards, watch towers, and barbed wire, the prison camp became the tem­porary home “for the dura­tion of the war” for 9,000 Japa­nese Amer­i­cans, among them Fred Kore­mat­su and his family who were for­cibly evicted from the U.S. West Coast. The poorly built wooden barracks typi­cally con­sisted of 4 rooms (“apart­ments”) each (one room per family) and were occu­pied in roughly 14 weeks from start to finish. Each drab, thin-walled apart­ment was fur­nished with hard army cots, a pot­bellied stove to heat the space, and one naked light bulb screwed into a cera­mic socket on the end of a long cord hanging from a rafter. There were no ceilings. The Topaz camp was closed in October 1945.

Executive Order 9066: Fred Korematsu, Castle­mont High School senior picture, 1938Executive Order 9066: Fred Korematsu accepts 1998 Presi­den­tial Medal of Free­dom

Left: Acclaimed civil rights activist and pioneer Fred Korematsu (1919–2005), who fought against World War II Japa­nese intern­ment, described by many Amer­i­cans as the worst offi­cial civil rights vio­la­tion in modern U.S. his­tory. Nineteen-year-old Kore­mat­su, Castle­mont High School photo­graph, Oak­land, Cali­for­nia, 1938. When the U.S. Army forced Japa­nese Amer­i­cans into con­cen­tra­tion camps during World War II, Kore­mat­su refused to comply with the orders and was arrested, tried, and con­victed in federal court. Kore­mat­su fought his con­vic­tion and intern­ment, his case reaching the U.S. Supreme Court in 1944.

Right: In recognition of his courageous stand against the in­justice of war­time intern­ment, Presid­ent Bill Clinton in 1998 awarded Fred Kore­mat­su the Presi­den­tial Medal of Free­dom, the highest civil­ian award given on behalf of the U.S. govern­ment. Four decades after Kore­mat­su’s 1942 con­vic­tion, the orig­i­nal federal court reopened his case. The govern­ment’s own records proved that the war­time govern­ment had sup­pressed, altered, and destroyed material evi­dence when it was arguing the Korematsu case before the Supreme Court. The writ of error coram nobis liti­ga­tion cleared Kore­mat­su’s name as well as the names of all other Exec­u­tive Order 9066 internees. It also laid the legal corner­stone for the 1988 Civil Liber­ties Act signed by Presi­dent Ronald Reagan, which formally acknowl­edged that the war­time exclu­sion and deten­tion of Japa­nese Amer­i­cans had been unrea­son­able. (A late 20th-cen­tury study con­cluded that the inter­nal govern­ment deci­sions that led to Roose­velt issuing Exe­cu­tive Order 9066 were based on racial preju­dice, war­time hys­te­ria, and failed polit­i­cal leader­ship.) The Civil Liber­ties Act granted $20,000 in repa­ra­tions to each survi­vor of the camps (a little over 82,000 people), costing the U.S. Treas­ury $1.6 billion (equi­va­lent to over $4.26 billion today).

The Fred Korematsu Story