Japanese Internees Support Muslim Challenge to 9/11 Detentions

The N.Y. Times had a fascinating article today about an amicus brief filed by persons of Japanese descent interned during World War II in a class action filed by Muslim immigrants challenging their detention in the “war on terror.”  It begins:

Holly Yasui was far away when a federal judge in Brooklyn ruled last June that the government had wide latitude to detain noncitizens indefinitely on the basis of race, religion or national origin. The ruling came in a class-action lawsuit by Muslim immigrants held after 9/11. But Ms. Yasui, an American citizen of Japanese ancestry, had reason to take it personally. Her grandparents were among thousands of Japanese immigrants in the United States who were wrongfully detained as enemy aliens during World War II. And her father was one of three Japanese-Americans who challenged the government’s racial detention and curfew programs in litigation that reached the Supreme Court in the 1940s.Now, Ms. Yasui, along with Jay Hirabayashi and Karen Korematsu-Haigh, a son and a daughter of the two other Japanese-American litigants, is urging an appeals court in Manhattan to overturn the sweeping language of the judge’s ruling last year. The ruling “painfully resurrects the long-discredited legal theory” that was used to put their grandparents behind barbed wire, along with the rest of the West Coast’s Japanese alien population, the three contend in an unusual friends-of-the-court brief filed today in the United States Court of Appeals for the Second Circuit. “Their interest is in avoiding the repetition of a tragic episode in American history that is also, for them, painful family history,” the brief states. In recent years, many scholars have drawn parallels and contrasts between the internment of Japanese-Americans after the attack on Pearl Harbor, and the treatment of hundreds of Muslim noncitizens who were swept up in the weeks after the 2001 terror attacks, then held for months before they were cleared of links to terrorism and deported. But the brief filed today is a rare case of members of a third generation stepping up to defend legal protections that were lost to their grandparents, and that their parents devoted their lives to reclaiming. “I feel that racial profiling is absolutely wrong and unjustifiable,” Ms. Yasui, 53, wrote in an e-mail message from San Miguel de Allende, Mexico, where she works as a writer and graphic designer. “That my grandmother was treated by the U.S. government as a ‘dangerous enemy alien’ was a travesty. And it killed my grandfather.” Prof. Eric L. Muller, a legal historian at the University of North Carolina School of Law, said he contacted Ms. Yasui and the others after reading about the decision by the federal judge, John Gleeson. Both sides in the case, known as Turkmen v. Ashcroft— a lead plaintiff is Ibrahim Turkmen — appealed parts of the decision by Judge Gleeson. He let the Muslims’ lawsuit continue, mainly on their claims of unlawful detention conditions, but dismissed key elements of their discrimination claims. . . . Professor Muller said he drafted the brief on behalf of the three grandchildren to try to persuade the Second Circuit to reject what he considers the needless breadth of Judge Gleeson’s opinion. “Judge Gleeson’s decision paints with such a broad brush, there isn’t really any stopping point,” he said.

(emphasis added).  For the full article, click here.

KJ