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Report to the Congress of the United States a Review of the Restrictions On U.S. Department of Justice Report to the Congress of the United States A Review of the Restrictions on Persons of Italian Ancestry During World War II November 2001 UNITED STATES DEPARTMENT OF JUSTICE REPORT TO THE CONGRESS OF THE UNITED STATES A REVIEW OF THE RESTRICTIONS ON PERSONS OF ITALIAN ANCESTRY DURING WORLD WAR II OVERVIEW ......................................................... iv A. FINDINGS OF CONGRESS ......................................... iv B. ROLE OF THE ATTORNEY GENERAL .................................. v I. INTRODUCTION ....................................................... 1 A. BACKGROUND ................................................. 1 B. ITALIANS IN AMERICA ............................................ 1 C. PRELUDE TO WAR .............................................. 2 II. AREVIEW OF THE WARTIME RESTRICTIONS ................................. 4 A. INITIAL ROUNDUP,TAKEN INTO CUSTODY,DETAINED OR INTERNED ........... 4 B. INDIVIDUAL EXCLUSION PROGRAM ................................... 9 C. CURFEW,CONTRABAND,FEDERAL BUREAU OF INVESTIGATION RAIDS ON HOMES, AND OTHER RESTRICTIONS ................................... 15 D. WARTIME IMPACT ON FISHERMEN OF ITALIAN ANCESTRY ................. 27 E. WARTIME POLICY ON ALIEN EMPLOYMENT IN THE UNITED STATES AND IMPACT ON RAILROAD WORKERS OF ITALIAN ANCESTRY ....................... 37 F. SUMMARY ................................................... 42 UNITED STATES DEPARTMENT OF JUSTICE APPENDICES A. Public Law 106-451, Wartime Violation of Italian American Civil Liberties Act B. Chronology of events C. 1. The names of persons of Italian ancestry taken into custody in the initial roundup following the attack on Pearl Harbor and prior to the United States declaration of war against Italy 2. The names of persons of Italian ancestry who were taken into custody D. The names and locations of persons of Italian ancestry who were interned E. 1. The names of persons of Italian ancestry ordered to move from designated areas under the Individual Exclusion Program and the names of persons of Italian ancestry who appeared before the Individual Exclusion Board, although it is unknown if an exclusion order was issued 2. The names of persons of Italian ancestry not subject to individual exclusion orders who were ordered to temporarily move from designated areas F. The names of persons of Italian ancestry arrested for curfew, contraband, or other violations G. A list of ports from which fishermen of Italian ancestry were restricted H. The names of fishermen of Italian ancestry who were prevented from fishing in prohibited zones I. The names of persons of Italian ancestry whose boats were confiscated J. The names of railroad workers of Italian ancestry prevented from working in prohibited zones K. A list of wartime restrictions on persons of Italian ancestry as a result of Executive Order 9066 L. Laws, Orders, and Proclamations 1. Executive Order No. 9066, 7 Fed. Reg. 1407 (February 25, 1942) ii UNITED STATES DEPARTMENT OF JUSTICE 2. Act of March 21, 1942, ch. 191, 56 Stat. 173 (providing penalties for violations of military restrictions) (Public Law 77-503) 3. Presidential Proclamation No. 2525, 6 Fed. Reg. 6321, 55 Stat. 1700 (December 7, 1941) 4. Presidential Proclamation No. 2526, 6 Fed. Reg. 6323, 55 Stat. 1705 (December 8, 1941) 5. Presidential Proclamation No. 2527, 6 Fed. Reg. 6324, 55 Stat. 1707 (December 8, 1941) M. Names and locations of historical records reviewed N. Other sources iii UNITED STATES DEPARTMENT OF JUSTICE OVERVIEW On November 7, 2000, the “Wartime Violation of Italian American Civil Liberties Act” (the “Act”) was signed into law (see Appendix A). Section 3 of the Act directs the Attorney General to submit to Congress within a year of enactment, a report that documents the findings of “a comprehensive review of the treatment by the United States Government of Italian Americans during World War II.” Introduced in the House of Representatives on July 1, 1999, by Representatives Rick Lazio and Eliot Engel, H.R. 2442 was subsequently referred on September 24, 1999 to the House Judiciary Committee, Subcommittee on the Constitution. Eighty-six members of the House signed on as co-sponsors, and a hearing was held on October 26, 1999, at which ten witnesses testified. The House of Representatives passed H.R. 2442 without amendment on November 10, 1999 and referred the bill to the Senate. On September 28, 2000, H.R. 2442 was reported out of the Senate Judiciary Committee, with amendments, and passed the Senate with amendments on October 19, 2000. On October 24, 2000, the House agreed to the Senate amendments, and H.R. 2442 was presented to the President for signature on October 26, 2000. Former President William J. Clinton signed the legislation into law on November 7, 2000. This report is a review of the World War II-era restrictions imposed on individuals of Italian ancestry. After describing the provisions of Public Law 106-451 and the findings of Congress, the report addresses arrests, detentions, internments, the exclusion of individuals from military zones, the imposition of curfews, raids on homes, the confiscation of property, and the effects on fishermen and railroad workers, all within the context of wartime orders, proclamations, and directives. The appendices to this report include lists required to be provided by the Act, as well as references to archival material relied upon and sources of additional information useful to the reader. A. FINDINGS OF CONGRESS As a result of its investigation and consideration of H.R. 2442, Congress presented its findings in Section 2 of the Act: (1) The freedom of more than 600,000 Italian-born immigrants in the United States and their families was restricted during World War II by Government measures that branded them “enemy aliens” and included carrying identification cards, travel restrictions, and seizure of personal property. iv UNITED STATES DEPARTMENT OF JUSTICE (2) During World War II more than 10,000 Italian Americans on the West Coast were forced to leave their homes and prohibited from entering coastal zones. More than 50,000 were subjected to curfews. (3) During World War II thousands of Italian American immigrants were arrested, and hundreds were interned in military camps. (4) Hundreds of thousands of Italian Americans performed exemplary service and thousands sacrificed their lives in the defense of the United States. (5) At the time, Italians were the largest foreign-born group in the United States, and today are the fifth largest immigrant group in the United States, numbering approximately 15 million. (6) The impact of the wartime experience was devastating to Italian American communities in the United States, and its effects are still being felt. (7) A deliberate policy kept these measures from the public during the war. Even 50 years later much information is still classified, the full story remains unknown to the public, and it has never been acknowledged in any official capacity by the United States Government. B. ROLE OF THE ATTORNEY GENERAL This report is prepared pursuant to Section 3 of the Act which directs the Attorney General to conduct a comprehensive review of the treatment by the United States Government of Italian Americans during World War II, and not later than 1 year after the date of the enactment of this Act shall submit to the Congress a report that documents the findings of such review. The report shall cover the period between September 1, 1939, and December 31, 1945, and shall include the following: (1) The names of all Italian Americans who were taken into custody in the initial roundup following the attack on Pearl Harbor, and prior to the United States declaration of war against Italy. [Appendix C.1] (2) The names of all Italian Americans who were taken into custody. [Appendix C.2] (3) The names of all Italian Americans who were interned and the location where they were interned. [Appendix D] (4) The names of all Italian Americans who were ordered to move out of designated areas under the United States Army’s “Individual Exclusion Program.” [Appendix E.1] v UNITED STATES DEPARTMENT OF JUSTICE (5) The names of all Italian Americans who were arrested for curfew, contraband, or other violations under the authority of Executive Order No. 9066. [Appendix F] (6) Documentation of Federal Bureau of Investigation raids on the homes of Italian Americans. [See infra pp. 15-25] (7) A list of ports from which Italian American fishermen were restricted. [Appendix G] (8) The names of Italian American fishermen who were prevented from fishing in prohibited zones and therefore unable to pursue their livelihoods. [Appendix H] (9) The names of Italian Americans whose boats were confiscated. [Appendix I] (10) The names of Italian American railroad workers who were prevented from working in prohibited zones. [Appendix J] (11) A list of all civil liberties infringements suffered by Italian Americans during World War II, as a result of Executive Order No. 9066, including internment, hearings without benefit of counsel, illegal searches and seizures, travel restrictions, enemy alien registration requirements, employment restrictions, confiscation of property, and forced evacuation from homes. [Appendix K] (12) An explanation of whether Italian Americans were subjected to civil liberties infringements as a result of Executive Order No. 9066, and if so, why other Italian Americans were not. [See infra pp. 25-27] (13) A review of the wartime restrictions on Italian Americans to determine how civil
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