January 30, 2018 CONGRESSIONAL RECORD — SENATE S585 Whereas, after his arrest, Fred Korematsu v. United States, 323 U.S. 214 (3) denounces any effort to discriminate Korematsu— (1944), remains on the pages of United States against any individual based on the national (1) was held for 21⁄2 months in the Presidio legal and political history, ‘‘[a]s historical origin or religion of the individual. stockade in San Francisco, California; precedent it stands as a constant caution (2) was convicted on September 8, 1942, of that in times of war or declared military ne- f violating the Civilian Exclusion Order and cessity our institutions must be vigilant in sentenced to 5 years of probation; and protecting constitutional guarantees’’; SENATE RESOLUTION 388—RECOG- (3) was detained at Tanforan Assembly Whereas the Commission on Wartime Relo- NIZING JANUARY 27, 2018, AS THE Center, a former horse racetrack used as a cation and Internment of Civilians, author- ANNIVERSARY OF THE FIRST holding facility for Japanese Americans be- ized by Congress in 1980 to review the facts REFUGEE AND MUSLIM BAN, fore he was exiled with his family to the and circumstances surrounding the reloca- AND URGING THE PRESIDENT TO Topaz incarceration camp in the State of tion and incarceration of Japanese Ameri- Utah; DEMONSTRATE TRUE LEADER- cans under Executive Order 9066 (7 Fed. Reg. SHIP ON REFUGEE RESETTLE- Whereas more than 120,000 Japanese Amer- 1407 (February 25, 1942)), concluded that— icans were similarly detained, with no (1) the decision of the Supreme Court of MENT charges brought and without due process, in the United States in Korematsu v. United Mr. BLUMENTHAL (for himself, Mr. 10 permanent War Relocation Authority States, 323 U.S. 214 (1944), is overruled by the BOOKER, Ms. CANTWELL, Ms. HIRONO, camps located in isolated desert areas of the court of history; Mr. DURBIN, Mr. MARKEY, Mr. VAN HOL- States of Arizona, Arkansas, California, Col- (2) a grave personal injustice was done to orado, Idaho, Utah, and Wyoming; the United States citizens and resident LEN, Mr. BROWN, Ms. DUCKWORTH, Mr. Whereas the people of the United States aliens of Japanese ancestry who, without in- SCHATZ, and Mrs. MURRAY) submitted subject to the Civilian Exclusion Order lost dividual review or any probative evidence the following resolution; which was re- their homes, livelihoods, and the freedoms against them, were excluded, removed, and ferred to the Committee on the Judici- inherent to all people of the United States; detained by the United States during World ary: Whereas Fred Korematsu unsuccessfully War II; and challenged the Civilian Exclusion Order as it (3) the exclusion, removal, and detention of S. RES. 388 applied to him and appealed the decision of United States citizens and resident aliens of Whereas the world is in the midst of the the United States District Court to the Japanese ancestry was motivated largely by worst global crisis in history, United States Court of Appeals for the Ninth ‘‘racial prejudice, wartime hysteria, and a with more than 22,500,000 refugees worldwide, Circuit, which sustained his conviction; failure of political leadership’’; according to the United Nations High Com- Whereas Fred Korematsu was subsequently Whereas the overturning of the conviction missioner for Refugees (UNHCR) estimates; confined with his family in the incarceration of Fred Korematsu and the findings of the Whereas, in fiscal year 2017, UNHCR pro- camp in Topaz, Utah, for 2 years, and during Commission on Wartime Relocation and In- jected that more than 1,200,000 refugees were that time, Fred Korematsu appealed his con- ternment of Civilians influenced the decision in need of resettlement to a third country, viction to the Supreme Court of the United by Congress to pass the Civil Liberties Act of and this projection continues to grow in 2018; States; 1988 (50 U.S.C. 4211 et seq.) to request a Presi- Whereas the United States resettlement Whereas, on December 18, 1944, the Su- dential apology and the symbolic payment of program is a life-saving solution critical to preme Court of the United States issued compensation to people of Japanese ancestry global humanitarian efforts, which serves to Korematsu v. United States, 323 U.S. 214 who lost liberty or property due to discrimi- strengthen global security, leverage United (1944), which— natory actions of the Federal Government; States foreign policy goals, and support re- (1) upheld the conviction of Fred gional host countries while serving individ- Korematsu by a vote of 6 to 3; and Whereas, on August 10, 1988, President Reagan signed the Civil Liberties Act of 1988 uals and families in need; (2) concluded that Fred Korematsu was re- Whereas, for over 40 years, the United moved from his home not based on hostility (50 U.S.C. 4211 et seq.), stating, ‘‘[H]ere we admit a wrong; here we reaffirm our commit- States has resettled up to 200,000 refugees per toward him or other Japanese Americans but year, with an average ceiling of 95,000 refu- because the United States was at war with ment as a nation to equal justice under the law.’’; gees per year, and on average actually reset- Japan and the military feared a Japanese in- tled 80,000 refugees per year; vasion of the West Coast; Whereas, on January 15, 1998, President Whereas refugees are the most vetted trav- Whereas, in his dissenting opinion in Clinton awarded the Medal of Freedom, the elers to enter the United States and are sub- Korematsu v. United States, 323 U.S. 214 highest civilian award of the United States, ject to extensive screening checks, including (1944), Justice Frank Murphy called the Ci- to Fred Korematsu, stating, ‘‘[i]n the long in person interviews, biometric data checks, vilian Exclusion Order the ‘‘legalization of history of our country’s constant search for and multiple interagency checks; racism’’; justice, some names of ordinary citizens Whereas, it would be an abdication of Whereas Fred Korematsu continued to stand for millions of souls: Plessy, Brown, United States leadership to resettle fewer maintain his innocence for decades following Parks. To that distinguished list, today we than 75,000 refugees next fiscal year; World War II, and his conviction hampered add the name of Fred Korematsu.’’; Whereas the United States refugee reset- his ability to gain employment; Whereas Fred Korematsu remained a tire- tlement system emphasizes early self-suffi- Whereas, in 1982, legal historian Peter less advocate for civil liberties and justice ciency through employment, and most adult Irons and researcher Aiko Yoshinaga-Herzig throughout his life by— refugees are employed within their first six gained access to Government documents (1) speaking out against racial discrimina- months of arriving to the United States; under section 552 of title 5, United States tion and violence; and Whereas refugees contribute to their com- Code (commonly known as the ‘‘Freedom of (2) cautioning the Federal Government munities by starting businesses, paying Information Act’’), that indicate that while against repeating mistakes of the past that taxes, sharing their cultural traditions, and the case of Fred Korematsu was before the singled out individuals for heightened scru- being involved in their neighborhoods, and Supreme Court of the United States, the tiny on the basis of race, ethnicity, nation- reports have found that refugees contribute Federal Government misled the Supreme ality, or religion; more than they consume in state-funded Court of the United States and suppressed Whereas, on March 30, 2005, Fred services – including for schooling and health findings that Japanese Americans on the Korematsu died at the age of 86 in Marin care; West Coast were not security threats; County, California; and Whereas, on January 27, 2017, President Whereas, in light of the newly discovered Whereas Fred Korematsu is a role model Donald J. Trump released an executive order information, Fred Korematsu filed a writ of for all people of the United States who love banning individuals from seven Muslim-ma- error coram nobis with the United States the United States and the promises con- jority countries and all refugees from enter- District Court for the Northern District of tained in the Constitution of the United ing the country; California, and on November 10, 1983, United States, and the strength and perseverance of Whereas, since that time, the President States District Judge Marilyn Hall Patel Fred Korematsu serve as an inspiration for has taken further executive action to ban issued her decision in Korematsu v. United all people who strive for equality and justice: people from Muslim-majority countries and States, 584 F. Supp. 1406 (N.D. Cal. 1984), Now, therefore, be it Resolved, That the Senate— has taken steps to dismantle the United that— (1) overturned the conviction of Fred (1) honors Fred Toyosaburo Korematsu for States refugee program; Korematsu; his— Whereas, in September 2017, President (2) concluded that, at the time that senior (A) loyalty and patriotism to the United Trump announced a Presidential Determina- Government officials presented their case be- States; tion of 45,000 for fiscal year 2018, the lowest fore the Supreme Court of the United States (B) work to advance the civil rights and refugee admissions ceiling ever set; in 1944, the senior Government officials knew civil liberties of all people of the United Whereas, during the first three months of there was no factual basis for the claim of States; and fiscal year 2018, the United States welcomed military necessity for the Civil Exclusion (C) dedication to justice and equality; a total of 5,323 refugees, in spite of the fact Order; and (2) recognizes January 30, 2018, as ‘‘Fred that to meet the 45,000 ceiling, 11,250 individ- (3) stated that although the decision of the Korematsu Day of Civil Liberties and the uals should have arrived during this time pe- Supreme Court of the United States in Constitution’’; and riod;

VerDate Sep 11 2014 03:53 Jan 31, 2018 Jkt 079060 PO 00000 Frm 00029 Fmt 4624 Sfmt 0634 E:\CR\FM\A30JA6.031 S30JAPT1 dlhill on DSK3GLQ082PROD with SENATE S586 CONGRESSIONAL RECORD — SENATE January 30, 2018 Whereas, at this pace, the United States pendence class littoral combat ship would be SENATE RESOLUTION 390—RAISING may only admit between 15,000-20,000 refu- named the United States Ship Omaha; AWARENESS AND ENCOURAGING gees this year; and Whereas on November 20, 2015, the United THE PREVENTION OF STALKING Whereas, United States structures and States Navy launched the USS Omaha; BY DESIGNATING JANUARY 2018 funding constrictions have resulted in low- Whereas on December 19, 2015, the USS ered capacity and loss of institutional mem- Omaha was christened in Mobile, Alabama, AS ‘‘NATIONAL STALKING ory and experience in the successful United sponsored by Omaha philanthropist Susie AWARENESS MONTH’’ States Refugee Admissions Program: Now, Buffett; and Ms. KLOBUCHAR (for herself, Mr. therefore, be it Whereas on February 3, 2018, the USS GRASSLEY, Mrs. FEINSTEIN, Mr. CRAPO, Resolved, That the Senate— Omaha will be commissioned: Now, therefore, and Ms. HIRONO) submitted the fol- (1) reaffirms our country’s proud history of be it lowing resolution; which was consid- refugee resettlement; Resolved, That the Senate commemorates— ered and agreed to: (2) recognizes January 27, 2018, as the anni- (1) the commissioning of the United States versary of the first refugee and Muslim ban; Ship Omaha (LCS–12); and S. RES. 390 (3) reaffirms the strong bipartisan commit- (2) the mission of the USS Omaha as a Whereas approximately 16 percent of ment of the United States to promote the networked, agile, stealthy surface combat- women in the United States, at some point safety, health, and well-being of the millions ant capable of defeating antiaccess and during their lifetimes, have experienced of refugees; asymmetric threats in the littorals. stalking victimization, during which the women felt very fearful or believed that they (4) underscores the importance of the Mrs. FISCHER. Mr. President, I rise United States Refugee Resettlement Pro- or someone close to them would be harmed gram as a critical tool for United States this evening to call up and pass a reso- or killed; global leadership; lution recognizing the commissioning Whereas, during a 1-year period, an esti- (5) recognizes the profound consequences of the USS Omaha. mated 7,300,000 individuals in the United faced by refugees and their families who This weekend, the USS Omaha is States reported that they had been victims have been stranded, separated, and scarred scheduled to be commissioned in the of stalking; by current United States policies, leaving as one of our new- Whereas more than 80 percent of victims of many mid-process and more with little hope stalking reported that they had been stalked est Independence Class Littoral Combat by someone they knew; of anticipated United States entry; and Ships. (6) calls upon the United States Govern- Whereas nearly 70 percent of stalking vic- ment— As the only triply landlocked State tims were threatened with physical harm by (A) to resettle 45,000 refugees in fiscal year in the union, you may not think of Ne- stalkers; 2018; braska when you think about the Whereas 11 percent of victims of stalking (B) to resettle at least 75,000 refugees in world’s oceans. reported having been stalked for more than 5 fiscal year 2019; And while we are proud of our heart- years; (C) to uphold its international leadership Whereas two-thirds of stalkers pursue land heritage, we are equally proud of their victims at least once a week; role in responding to displacement crises the ships that have carried the name with humanitarian assistance and protection Whereas many victims of stalking are of the most vulnerable populations; and ‘‘USS Omaha’’ to the far corners of the forced to take drastic measures to protect (D) to recommit to offering freedom from globe. themselves, including changing their identi- oppression and resettling the most vulner- Just two years after Nebraska be- ties, relocating, changing jobs, or obtaining able refugees regardless of their country of came a State, the USS Omaha, a screw protection orders; origin or religious beliefs. sloop, was launched in 1869, helping to Whereas the prevalence of anxiety, insom- nia, social dysfunction, and severe depres- f grow our young Nation’s navy. sion is much higher among victims of stalk- SENATE RESOLUTION 389—COM- The second USS Omaha, launched in ing than the general population; MEMORATING THE COMMIS- 1923, served with distinction in World Whereas many victims of stalking do not report stalking to the police or contact a SIONING OF THE USS ‘‘OMAHA’’ War II, capturing a German runner a month before the war offi- victim service provider, shelter, or hotline; Mrs. FISCHER (for herself and Mr. cially began. Whereas stalking is a crime under Federal SASSE) submitted the following resolu- And now this upcoming weekend, we law and the laws of all 50 States, the District of Columbia, and the territories of the tion; which was considered and agreed welcome the newest USS Omaha, LCS– to: United States; 12, which carries the distinction of Whereas stalking affects victims of every S. RES. 389 being among our Nation’s newest Lit- race, age, culture, gender, sexual orienta- Whereas the great city of Omaha, Ne- toral Combat Ships. tion, physical and mental ability, and eco- braska, was founded on July 4, 1854; She will enter the navy as an agile nomic status; Whereas the Lone Tree Ferry bringing pio- surface combatant, and one which I Whereas national organizations, local vic- neers across the Missouri River into Omaha know will prove to be a capable tool in tim service organizations, campuses, pros- caused Omaha to become known as the ecutor’s offices, and police departments ‘‘Gateway to the West’’; our Nation’s naval arsenal. stand ready to assist victims of stalking and Whereas Nebraska is the only triply land- Though Nebraska may be far from are working diligently to develop effective locked State in the Union; open water that has not stopped count- and innovative responses to stalking; Whereas the first USS Omaha was a screw less men and women from our State Whereas there is a need to improve the re- sloop launched in 1869, 2 years after Ne- from answering the call to serve in the sponse of the criminal justice system to braska became a State on March 1, 1867; United States Navy. stalking through more aggressive investiga- Whereas the second USS Omaha (CL–4) was Their service and sacrifice, both in tion and prosecution; an Omaha class commissioned Whereas there is a need for an increase in on February 24, 1923; times of war and peace, have helped en- the availability of victim services across the Whereas the USS Omaha (CL–4) served in sure that the United States continues United States, and the services must include both the Pacific and Atlantic theaters and to enjoy freedom of navigation around programs tailored to meet the needs of vic- captured a German blockade runner a month the world. tims of stalking; before World War II officially began; For that reason, I am honored to Whereas individuals 18 to 24 years old expe- Whereas the Nebraska Admirals Associa- know that now we will once again have rience the highest rates of stalking victim- tion, formed in 1931, has had thousands of another USS Omaha carrying on this ization, and rates of stalking among college students exceed rates of stalking among the Admirals commissioned in the Nebraska proud tradition, and urge my col- Navy to promote ‘‘The Good Life’’; general population; Whereas the Big Red Sub Club— leagues to join me in recognizing this Whereas up to 75 percent of women in col- (1) was formed to support the crews of the momentous occasion. lege who experience behavior relating to USS Nebraska (SSBN–739); and To the crew of the USS Omaha, I wish stalking experience other forms of victimiza- (2) is the most active State organization you well in your mission and all the tion, including sexual or physical victimiza- supporting the fleet of the United years of distinguished service to come. tion; States; May you enjoy fair winds and fol- Whereas there is a need for an effective re- Whereas the Navy League of the United lowing seas, and know that you have sponse to stalking on each campus; and States, Nebraska Council, strongly supports Whereas the Senate finds that ‘‘National a strong United States Navy for national se- the best wishes of the State of Ne- Stalking Awareness Month’’ provides an op- curity; braska behind you. portunity to educate the people of the Whereas on June 11, 2012, Secretary of the Thank you Mr. President. I yield the United States about stalking: Now, there- Navy Ray Mabus announced that an Inde- floor. fore, be it

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