AAS question

Ancheta Chapter 3 Outline

Looking Like the Enemy

 Korematsu v. United States (1944) (coram nobis @: a demand that the Courts correct injustices when new evidence is found: case reopened in 1983 along with

the Hirabayashi and Yasui cases)

 This suggests that the courts committed substantial errors @ in the original decision, so the courts typically resist these demands.

 Korematsu typifies how looking like enemy undermines @ enforcement and protection of constitutional rights.

 “Orientals”/Asians generally, stereotypically subject to”Other” racialization (also “Otherization” @)

Asian Americans as Outsiders "The Racialization Equation" @

 Asian American = foreigner; as well as Latinos, Arab Americans, Muslims

 AA outsider theme is expressed in laws

 'Outsider racialization': construction of AAs and other non-whites as foreign

 born outsiders

 Racialization occurs on multiple levels: psychological cognition, social/

 political discourse, etc.

 Race-neutral categories (immigrant, foreigner) are racialized as well; Arabs,

 Asians, etc. presumed to be foreign born or immigrants, and vice-versa.

 Illegal alien (Latino), Terrorist (Arab), competitor (Asian)

"Forms of Outsider Racialization" @

 Two basic forms: immigrant and foreigner (e.g. getting asked for green card, not

 expected to speak English)

 AAs subordinated as outsiders who aren't "American"

Outsiders under Law

 People vs. Hall @ (1854, Chinese can't testify against whites; never possess the same rights as whites; contorted Orientalist logic demonstrated in court

explanation)

 Fong Yue Ting vs. United States @ (Orientals inability to assimilate or to be assimilated)

 Terrace v. Thompson (manipulated decision based on racial bar on citizenship)

 U.S. v. Thind @ (frames barrier to naturalization as inability to assimilate due to physical appearance)

 Two themes: treatment of Asians as unassimilable foreigners and the masking of racial considerations in legal decision making

The "Enemy Race”

 Anti-Japanese sentiment flourished on the West Coast, leading to Alien Land Laws and other citizenship-based restrictions on basic rights; from Final Report

by Lt. General John L. DeWitt, Commander of the Incarceration of People of

Japanese descent

 U.S. v. Wong Kim Ark @ (upholding brithright citizenship, an exception to the general trend against “Orientals”), Regan v. King challenged this case's decision.

 Hirabayashi v. U.S. @ (potential group disloyalty; very weak evidence)

 Korematsu v. U.S. @ (skirted basic racial issues after establishing a standard for governmental classifications based on race)

 Korematsu @ denied equal protection because of war with Japanese Empire; no inquiry into overinclusiveness of denying citizens constitutional rights; this case

still has value as legal precedent @, therefore potential application in current

cases involving enemy “combatants”, sympathizers – N.B.: current

Guantanamo prisoners.

[Comment, DPG @: Note that the specific hatred and animosity toward people of

Japanese descent was generalized toward all “Orientals”.]

Vietnamese Fisherman and National Security

 Jones Act prohibited noncitizens from owning/operating large boats in coastal waters [Comment, DPG: Note the economic element, again, in combination with

“enemy” perception of Vietnamese, and generalized anti-Asian racism.]

 Vietnamese fisherman were exclusively and specifically targeted @: o enforcement publicly rationalized as in the interest of national security (a

suspect device in light of equal protection)

o intentional intervention against Vietnamese basic right to earn a living @ o after large-scale protests and filing of law suits, law was amended to allow

lawful permanent residents fishing rights @

Remnants of War

 Military/wartime propaganda that portrays enemies in racial terms becomes part of the long-term racialization process, becomes majority cultural “tradition”.

 Contemporary anti-Asian violence often reflects nationalism and patriotic racism that is the result of foreigner racialization. @

[Comment, DPG: These attitudes persist by dismissing publicized facts about

pro-US heroism by Asians and Asian Americans in both military and civilian

(guerilla) actions. @]

Borders and the War on Immigration

 California Prop 187 – undocumented/illegal immigrants denied all government services, including education and health care

 Federal government protocol treats all immigrants – documented and not - as if they were foreign invaders.

 Illegal Immigration Reform and Immigrant Responsibility Act 1996 (border patrol agents and raids)

 Border patrol enforcement is race-based: Latinos and Asian Americans targeted leading to racial profiling and erroneous arrests of citizens. (e.g., Eddie Cortez,

1993, mayor of Pomona, California) @

 Unintended consequence?: Power of local police to inquire about immigration status makes immigrants less likely to report crimes. @

 Anti-Terrorism and Effective Death Penalty Act 1996 (deprives immigrants of major rights; targets foreign organizations)

[Comment, DPG: In combination with the Patriot Act that followed 9/11

terrorist attacks of 2001, these laws were used even at the local level as additional

charges against defendants who were labeled by police and prosecutors as “known”

or “suspect” “gang affiliates”, even in instances where the base charge was simple

shoplifting – a minor misdemeanor offense. @

Racialization in the Immigration Laws

 “Employer Sanctions”

 Immigration Reform and Control Act of 1986 (employment verification) allows undocumenteds to gain resident status and a “pathway to citizenship”

@

 Employers as “immigration agents”

 Employers see people with accents and limited English skills as risky hires under the threat of federal and state penalties. @

 Laws and policies reinforces immigrant racialization of AAs

 IRCA antidiscrimination provisions under Title VII of Civil Rights Act 1964 (recognizes “disparate treatment” as requiring remedies, but not “disparate

impact”, result: courts still favor citizens over non-citizens when weighing the

measure of available rights and privileges. @)

 “protected individuals” @ include lawful permanent residents (not long term residents), persons with actual refugee status, and court determined asylees)

“Immigration Status and Government Services”

 Proposition 187; all state residents must prove lawful immigration status to obtain basic public services (school, health care, social services). @

 requires reporting by service renderers – teachers, nurses, doctors, social workers - of “suspected” undocumented immigrants. @

 Personal Responsibility and Work Opportunity Reconciliation Act (limits access of undocumented immigrants to benefits programs)

Racialization and the Antidiscrimination Laws

 Polices and practices such as border enforcement, employer sanctions, cutting government and private benefits do not take into account immigration

conditions as the result of global trade, economic, and political forces, including US

foreign policies and activities, both “official” and unofficial. @

 Definitions of racial discrimination against non-whites do not recognize continuous animosity against people viewed as “perpetual immigrants” and presumptive

“illegals”. @

 Definition of citizenship discrimination needs to include considerations of race and ethnicity.

 Anti-discrimination laws should include citizenship and immigration status as protected categories independent of racial discrimination. @