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Congressional Record—Senate S585

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Congressional Record—Senate S585 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 displacement 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
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