San Diego Union-Tribune

WHY WE ARE THANKFUL FOR FRED KOREMATSU

- BY KAY OCHI Ochi is a retired teacher and president of the Japanese American Historical Society of San Diego and co-chair of Nikkei for Civil Rights and Redress/Los Angeles. She lives in Chula Vista.

Today, I write to honor and thank Fred Toyosaburo Korematsu. I had the opportunit­y to work with him in the campaign for reparation­s during the 1980s and am continuall­y grateful to him for his historic court cases, which helped restore dignity to Japanese Americans who were wrongly incarcerat­ed during World War II and contribute­d to both the reparation­s movement and the passage of the Civil Liberties Act of 1988.

So many Japanese Americans were removed from San Diego County in 1942 after President Franklin D. Roosevelt issued Executive Order 9066 to incarcerat­e 120,000 people. My parents were among them. They were humble, honest and hardworkin­g people who were incarcerat­ed in a hot Arizona prison for three years. They had no idea that anyone defied the government order. They would be so surprised and proud that the state of California would name this day to honor a Japanese American!

Fred Korematsu was the first Asian American to have a day named in his honor. There are several schools named after him, and in 1998 he received the Presidenti­al Medal of Freedom. Why did he receive these tributes?

The short answer is that in 1942, after the bombing of Pearl Harbor, Korematsu defied Roosevelt’s Executive Order 9066, which gave the military the authority to remove and incarcerat­e persons from “military areas in any region or locality.” Although World War II involved Germany, Italy and Japan, only Japanese Americans on the West Coast were forcibly removed and incarcerat­ed because of military necessity.

At the age of 23, Korematsu refused to abandon his life in Oakland and report to one of America’s concentrat­ion camps. He went to great lengths to change his name and appearance so that he could move to Nevada and marry his Caucasian girlfriend. He knew that he had rights, but being a Japanese American, the odds were greatly stacked against him. It wasn’t long before he was arrested, convicted and sent to Tanforan Assembly Center in San Bruno and later to Topaz incarcerat­ion camp in Utah. In 1942, only three men challenged Executive Order 9066: Gordon Hirabayash­i, Minoru Yasui and Fred Korematsu.

With the tremendous support of Ernest Besig, the executive director of the Northern California American Civil Liberties Union, Korematsu challenged the government’s actions in court. In 1944, in Korematsu v. United States, the Supreme Court delivered one of the most controvers­ial decisions in the history of jurisprude­nce, supporting the government’s abrogation of constituti­onal rights to its citizens. Korematsu lost, so we all lost.

However, almost four decades later, in 1983, his conviction for defying incarcerat­ion orders was overturned based on the suppressio­n of key evidence by the government that stated that the Japanese Americans on the West Coast were not a problem. There was no military necessity.

That suppressed evidence was uncovered by San Diegan Peter Irons, emeritus professor at UC San Diego, and Aiko Herzig-Yoshinaga, a senior research associate for the Commission on Wartime Relocation and Internment of Civilians. They found statements in government archives from military leaders and FBI Director J. Edgar Hoover stating that Japanese Americans were not disloyal.

The rationale for mass incarcerat­ion was refuted. History would stand corrected.

Another historic event during the 1980s was the redress movement. The Japanese American community waged a campaign to seek reparation­s for the wartime incarcerat­ion. President Jimmy Carter responded in 1980 by creating the Commission on Wartime Relocation and Internment of Civilians, and it heard testimony from over 750 Japanese American former incarceree­s and others about the incarcerat­ion and its impacts. The commission’s final report, “Personal Justice Denied,” concluded that the root causes of the incarcerat­ion were “race prejudice, wartime hysteria, and a failure of political leadership.” That conclusion, the overturnin­g of Korematsu’s conviction and the growing support for reparation­s across the country helped in the passage of the Civil Liberties Act of 1988.

That act provided a presidenti­al apology and monetary restitutio­n of $20,000 to people who were impacted by Executive Order 9066, the wartime exclusion and incarcerat­ion. Over 82,500 people were identified and paid by 1998. My parents and older sister received the apology and reparation­s for their imprisonme­nt at Poston, Ariz.

To me, Korematsu represente­d every person who just wants to build a life with the person they love. He had the courage to challenge the U.S. government with his resistance, and then again in the Supreme Court. Throughout his life, he never stopped fighting for justice. Sadly, he passed away in 2005.

In 2010, San Diego Assemblyme­mber Marty Block and Los Angeles Assemblyme­mber Warren Furutani introduced a bill to create the Fred Korematsu Day of Civil Liberties and the Constituti­on. It passed, and then-Gov. Arnold Schwarzene­gger signed it into law.

Fred Korematsu would want you to study to learn your rights and never be afraid to speak up.

Korematsu refused to abandon his life in Oakland and report to one of America’s concentrat­ion camps.

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