Seventy-five years ago this week, Fred Korematsu was arrested on a street corner in San Leandro, California. His crime: Failing to report to an internment center for Japanese immigrants and Americans of Japanese decent who were detained en masse once the United States entered World War II.
After three months in pre-trial detention (he wasn’t released even though he posted bail), Mr. Korematsu was convicted in federal court for violating the military relocation order, sentenced to five months’ probation, and sent to an internment camp where he lived in a horse stall. He later said, “Jail was better than this.” Over 100,000 Japanese Americans were confined to such camps during the course of the war because the government feared they were disloyal (German- and Italian-Americans were not subject to such treatment).
The American Civil Liberties Union (“ACLU”) represented Mr. Korematsu at trial and in his appeals. Eventually, the case reached the United States Supreme Court, which issued a 6-3 decision upholding the conviction as justified due to the circumstances of “direst emergency and peril.”
Over time, the Supreme Court’s decision—and the internment of Japanese Americans—came to be viewed as a great injustice. President Ford issued a proclamation apologizing for the internment. A commission established by President Carter concluded that the decision to remove those of Japanese ancestry to prison camps occurred because of “race prejudice, war hysteria, and a failure of political leadership.” And President Reagan signed a bill providing compensation to surviving internment camp residents. In 1998, President Clinton awarded Mr. Korematsu the Presidential Medal of Freedom, stating:
In the long history of our country’s constant search for justice, some names of ordinary citizens stand for millions of souls: Plessy, Brown, Parks… to that distinguished list, today we add the name of Fred Korematsu.
Mr. Korematsu himself remained active in civil rights until his death in 2005. After the September 11, 2001 terrorist attacks, he spoke out about how the United States government should not let the same thing happen to people of Middle-Eastern descent as happened to Japanese Americans during WWII. He also filed amicus (friend of the court) briefs in several cases involving lengthy detention of suspects at Guantanamo Bay.
With the Trump Administration’s attempted crackdown on Muslim immigrants, Korematsu v. United States is again in the news. A few (misguided) individuals have suggested that Korematsu provides precedent for the President’s crackdown on Muslims (though it seems highly doubtful that any modern court would rely on Korematsu for precedent). Others view the case as a cautionary tale: We should not abandon our ideals in the face of a perceived threat.
But there is another lesson from Korematsu; a lesson that has received surprisingly little attention in our “post truth” age: The U.S. government, including the Solicitor General who argued the case, Charles Fahy, knowingly lied to the Supreme Court about the alleged threat posed by Japanese Americans during the war, and those lies very likely influenced the outcome of the case.
The government’s mendacity came to light in the early 1980’s when Peter Irons, a law professor writing a book about the internment camps, discovered that the Solicitor General had deliberately suppressed reports from the FBI and military intelligence which concluded that Japanese-American citizens posed no security risk. The documents revealed that the military had lied to the Supreme Court, and that government lawyers had willingly made false arguments.
As a result of these discoveries, a District Court in San Francisco formally vacated Mr. Korematsu’s conviction on November 10, 1983–more than 40 years after he was found guilty. Mr. Korematsu told the Judge, “I would like to see the government admit that they were wrong and do something about it so this will never happen again to any American citizen of any race, creed, or color.” He continued, “If anyone should do any pardoning, I should be the one pardoning the government for what they did to the Japanese-American people.”
In 2011, the Acting Solicitor General stated:
By the time the [case of] Fred Korematsu reached the Supreme Court, the Solicitor General had learned of a key intelligence report that undermined the rationale behind the internment. The Ringle Report, from the Office of Naval Intelligence, found that only a small percentage of Japanese Americans posed a potential security threat, and that the most dangerous were already known or in custody. But the Solicitor General did not inform the Court of the report, despite warnings from Department of Justice attorneys that failing to alert the Court “might approximate the suppression of evidence.” Instead, he argued that it was impossible to segregate loyal Japanese Americans from disloyal ones. Nor did he inform the Court that a key set of allegations used to justify the internment, that Japanese Americans were using radio transmitters to communicate with enemy submarines off the West Coast, had been discredited by the FBI and FCC. And to make matters worse, he relied on gross generalizations about Japanese Americans, such as that they were disloyal and motivated by “racial solidarity.”
[The District Judge that overturned Mr. Korematsu’s conviction] thought it unlikely that the Supreme Court would have ruled the same way had the Solicitor General exhibited complete candor.
And so, the U.S. government recognized that its lies did real damage. Over 100,000 Japanese Americans were uprooted from their homes and lives, confined to camps, and excluded from American society. In addition, our country lost the benefit of those citizens’ contributions—to our nation and to the war effort.
Yet here we are again. Refugees—particularly Muslim refugees—are painted as a threat to our security. The President says they are a “Trojan Horse” for terrorists. Precious little evidence supports these claims. And much of that evidence has been discredited. Indeed, to me, it sounds a lot like “race prejudice, war hysteria, and a failure of political leadership,” with an emphasis on the latter.
Which all leads to the final point: Will the current Administration follow the lead of Solicitor General Fahy? If the evidence does not support its assertions about Muslim immigrants, will it suppress the truth? And how will judges respond? For now, it seems that our courts remain the only level-headed branch of government, and the only real bulwark against the bigotry and falsehoods peddled by our President. When the government ignores the evidence and makes policy decisions based on fantasy, it’s not just Muslims and immigrants who will suffer. Fred Korematsu is gone, but let’s hope his legacy is never forgotten.
Learn more about Fred Korematsu and his on-going story at the Korematsu Institute.
Hello,
I am so confused hearing from different things from here and there.And I need expret advise from you.Plese guide me according.
I have to apply asylum as i have fear to return to my home town because of Sect “Shia Community” I have public figure too.I have been living in third country past many years and had lost my job because of the sect Shia. after many year i returned to my home town and some incident happened and i left country and thats the reason i left my home town and
i didnot get any chance to make the complain or police report.I dont have evidence to proof my case but i have huge risk. Thats the reason i have fear to back on my country. On State Gov USA report also mention the condition of my country and human rights report also said about the bad situation of our sect in the country.This is the little story
about me.
Now I have to ask these question and that is my confusion.
– Without having police report or written evidence do i have to apply asylum or
what are the chances to grant the case.
– Expert witness report is mandotory? or i can submit late when its need?
– Its good to apply the case from california as the sucess rate is high
or i can apply from any state?
– Can i apply from CA and after geting workpermit can work anywhere and
the case will process from CA
-for applying asylum u should have 2 3 reason to apply or one is fine. As people said you should have 2 3 reason to grant the case.
-After applying asylum can i register my child to school as on visit as u cannot sent your child to school. Its breaking the law.
– After applying asylum can i adjust the status to any other like h1, e visa, or perm process or any?
I Will be waiting for you help and support and your reply
Thanks in advance sir.
Regards,
I think you need to talk to a lawyer about the case. I cannot give you so much advice here, as I am not familiar with your situation. In general, the more evidence you have, the better, but people can certainly win cases without police reports or expert witnesses. You have to apply for asylum based on where you live; you cannot live one place and file in a different place. You only need one reason to win – if you qualify, you can win asylum. If your child is in the US and the age for school, he/she can attend, even if you have not yet filed for asylum. Whether you can change status after you apply is complicated, and it is also a question you can talk to a lawyer about. Take care, Jason
I think you need to talk to a lawyer about the case. I cannot give you so much advice here, as I am not familiar with your situation. In general, the more evidence you have, the better, but people can certainly win cases without police reports or expert witnesses. You have to apply for asylum based on where you live; you cannot live one place and file in a different place. You only need one reason to win – if you qualify, you can win asylum. If your child is in the US and the age for school, he/she can attend, even if you have not yet filed for asylum. Whether you can change status after you apply is complicated, and it is also a question you can talk to a lawyer about. Take care, Jason
Jason, thank you for mentioning the “post truth” that’s so apparent in the psyche of some Americans. I must say that I see irony in a political movement that superficially aspouses Ayn Rand’s objectivism, but in reality exhibits greater affinity for relativism. I am an avid, yet cautious observer of the situation in Russia. Unacknowedged wrongs done by our government are used in moral equivalency arguments that are bread and butter for the Russian propaganda machine. Many, sadly, had succumbed to the Russian efforts. The only way for us to inoculate ourselves against these “post truth” arguments is to openly discuss the wrongs, make them right, and try our hardest not to repeat our mistakes. Thank you for a thoughtful article.
Thank you for the comment. I do hope that discussing facts will help inoculate us from propaganda, but until people can try to put ideology behind loyalty to country/humanity, I have my doubts. And when governments, especially democratic governments, engage in such behavior, as happened in the Korematsu case, it is especially damaging. Take care, Jason
Hi jason
I applied for case expedition in Arlington va
Actually after 20 day they mailed me and deneied my interview at the moment
In mail letter it says we will let you know once the resources permit us
I have few questions?
Can i apply again to expedite my case?
I hope this denial of my expedition dont affect my case and my future interview! What do u say
It doesn’t affect my case
Thank u
I think the denial will have no effect on your asylum case. You can apply again, but I only recommend that if you have some additional evidence or reason for expediting. Take care, Jason
Thank you Jason for everything. What can be the reasons for case expedition? Thanks
I did a post about that on March 30, 2017 where I give some ideas – maybe that would help you. Take care, Jason
Hi Jason
Thanks for this forum.
I have a pending asylum case since a year.
I have few question’s
1.Is it wise or safe to request a expedition of my case so I can get interview soon.I read somewhere in this forum that most people who got their case expedited got asylum denied or sent to court even though they had strong case. Can you know the reason? Or is it considered as harassment from the officer.
2.What type of evidence are considered strong for an asylum case.my case is based on political and tribe .I was violently beaten for a political opinion, they tried to shoot me on the street.but in None of these actions I can’t get evidence stating my name in it.Can articles, videos, news papers,report of human right organisation be used to strengthen my case and how to use them there are a lot but how to sort them.
Thanks
1 – I have not observed that people who expedite their cases get worse results, so I do not think that is a concern. I am not even sure the officers know if a case has been expedited. 2 – It depends on the case. Maybe you have medical reports or you have scars and you can have a doctor look at the scars. Maybe you can get letters from your political party or from people who know about your activities and your problems. News articles and country reports are also important, but evidence about you (as opposed to more general evidence) is the most important. Take care, Jason
I have applied for asylum and my case is pending and I have work permit, my court date is in Mar-2018. I left country without knowing that I need an advance payroll, can you please help me to understand if I can come back in country or not, I failed to get advance payroll. My work permit is valid until March-2018. Thanks. Hayder
I think you cannot come back, as leaving while you have a pending court case is the same as being deported. If you still have a valid visa, I suppose you can try, but this may result in you being rejected once you get to the airport in the US, or being detained once you get here. You may want to talk to a lawyer to go over your situation before you try to return. Take care, Jason
Hi Jason. I received my approval today in the mail
Thank you so much for your support ,passion and dedication in all you do.
I wish everyone the very best, Sara and Allen special thanks to you guys.
My timeline
Application for asylum Oct 2016
Request for expedition Jan 2017
Interview Newark office march 2017
Asylum granted may 2017
Country of origin :west Africa
Congratulations Elizabeth..
Congratulations and welcome to the United States! Take care, Jason
Congrats.. If you do not mind me asking, what was your case based on? What sort of evidence did you provide. Did you hire an attorney? Once more, CONGRATS.
Big congrats Elizabeth! I also applied for asylum in last October and requested for expedite last month. Can you please share how did they contact you after your expedite request approved? did they just call you few days before interview or the scheduled it for weeks after? it is strange that they called me suddenly and asked if I can make it to the interview tomorrow.
Dear Jason
I filed for asylum on 13 May, i.e. the day when they received it. Still no response. I have not received a confirmation of acceptance. Today is 30th of May. 17 days… What are the processing times for Miami office? What should I do?
Thank you
Russel
It usually takes 3 or 4 weeks to get the receipt and another week or two to get the fingerprint notice, so it is too soon to worry about this. Take care, Jason
tThank you very much for your replies. i just have sent another email . i hope you will find it in your mail box. i have shared my personal contact no in that email too. i will re contact you on your contact nos on Tuesday. have a great Sunday & Memorial day.
regards,
Hello there ,
Thanks for your reply .
it means alot
i have re sent the email . i will resend the phone texts too.
you can’t even imagine how hard to live anywhere without hope. you are the best hope for people like me. I have sent an email and i even included my contact no in that. I hope to talk to you soon. Have a great Saturday n Sunday.
regards ,
You cannot send me text messages on my phone – only voice mail or email. Take care, Jason
Hi Again,
i have found some material about in rolling into school on B1/B2 visa. i am going to share it.
Can B-1 or B-2 Visitors Enroll in School?
A common question from B1 or B2 visa holders is whether they are allowed to enroll in school. The short answer is no, not directly. If you wish to study in the U.S. while in B status, you must change it to F or M status first.
If you enroll in a full course of study while in B1, B2 or B1/B2 status, you will be considered out of status. This violation of visa terms will make you ineligible to extend your stay under B status, or later change your status to another non-immigrant class such as F or M.
If you want to go to school while in B status, the correct procedure should be:
Contact the school you’re interested in and find out all eligibility requirements (test results, financial support, etc.);
After being admitted to the school, work with the designated school official (DSO) to obtain proper documents for foreign students (I-20, for example), but do not enroll in any classes;
Apply for Change of Status (Form I-539) with USCIS, to change your B visitor status to F or M student status. Whether to choose F1 or M1 depends on the type of school and program you intend to enroll in. Do this before your authorized stay under B status expires, which is specified on your I-94 card. If your B status is about to expire, you may apply for an extension of stay (Form I-539);
Once you have received USCIS approval on your change of status request, you may begin enrolling in classes. You will also receive a new I-94 from USCIS indicating your student status and a new period of authorized stay;
If for some reason you cannot change your status to F or M while in the U.S., you may still be eligible to apply for a student visa at a U.S. consulate or embassy abroad. In this case you will have to leave the country first, apply for a new F or M visa, and re-enter under the new F or M status.
The discussion above refers to a course of study, such as a formal program leading to an academic degree or vocational certification. If you are only interested in recreational classes or casual, short courses that generally do not require academic enrollment, you may take such classes without acquiring a student status first. Again, contact the school or class provider to find out whether the class you’re interested in is a course of study in nature. Below is an example of what’s permitted from the U.S. Embassy in Sweden:
If you are going to the U.S. primarily for tourism, but want to take a short course of study which is recreational (and not for credit towards a degree), and the course is less than 18 hours per week, this is permitted on a visitor visa. As an example, if you are taking a vacation to the U.S., and during this vacation you would like to take a two-day cooking class for your enjoyment, and there is no credit earned, then this would be permitted on a visitor visa.
Important: All children in the U.S. have the right to public education, regardless of their or their parents’ immigration status. So a school-aged child in B1 or B2 status is allowed to attend K-12 schools, as long as studying is incidental and was not the primary purpose when s/he applied for the B visa.
this bloq is very informative but it confused me at thr end. the blog says you are noy allow to study on B1,B2 visa and in the end they have mentioned about US law that all children will go to school whatever thier visa status is. what is your own opinion or what the law says? shoulf I in rolledthem in the school now or have to wait till i submit my application for asylum ?
take care and be happy.
This information is priceless!! Thank you very much!
What you have posted relates to university, not to public school for children under 18 (or maybe 21;I forget the cut-off). To attend university or other post-high school program, you need an F visa. If you are attending public elementary or high school, you can attend regardless of immigration status. Take care, Jason
Hey, very informative, but my question is if I’m under adjustment of status and having an asylum pending how can I apply for a college with in state fees? I did a little research and all I came to know was I am going to have an international fees and once I stay in us for one year I can apply with instate fees. Still confused if any information please share
This seems to depend on the state and the school. Most of my clients pay out-of-state tuition until they receive asylum, but you need to talk to the school. Take care, Jason
Hello Jason,
Thank you for tour reply. i have sent an email there.. i need to to talk to you about my case. i have already talked to your assistant and she shared your contact no too. i tried to call you several times even left message but got no reply. you may be busy this weekend.I hope you will reply me as soon as possible. Looking forward for your positive & quick response. Have a great weekend.
regards,
I returned all phone calls made to me on Friday. I am out until Tuesday. I did not see any email from you, so I am not sure whether you used the correct email or left a message on my voice mail. Again, my email is jdzubow@dzubowlaw.com, and if you sent me an email, or left a message, I will get back to you next week. Take care, Jason
Hello Jason,
Thank for the service rendered on your blog, even though my Case have been approved last year I still read your blog twice a week. It help me a lot !
My wife received her ead, and there’s error on her last name a letter ‘ P’ was replaced with letter ‘ B’.my questions are:
1. Should she return it for correction.?
2. How long will it take fo her to receive a replace card ?
3. What consequences will she face for not returning it for correction? This error was corrected at the embassy and all her traveling documents to the US bear the correct name spelled out including her social security card.hoping to get answers.
Thank you, and God blessings!
If it is USCIS’s mistake, they should fix it for free – see the form I-90, available at http://www.uscis.gov. You have to send in the old card though, and it probably takes at least 3 or 4 months (keep a copy of the old card and everything else you mail them). Alternatively, if it is not causing her problems, I suppose she can keep the card and hopefully the green card will be correct when she receives that. Sometimes, name mistakes can cause difficulties for people, and it is better to correct it if you can. Take care, Jason
Dear Jason,
I went to take my Asylum interview decision from NY office yesterday, they inform me officer couldn’t make the decision yet so they will send me through mail.
During my interview two weeks back I left my bag in the officer room, so I requested yesterday at front desk please return me that bag, so what happened after few minutes officer who took my interview came out and handed the bag, I ask him can you please tell me the reason of delay in the decision, “he told me that he had made the decision but they are not allowed to give me decision in person because lot of people are involve in it” I couldn’t get the chance to ask detail of his statement! He also inform me that he was trying to call my attorney and me but my number was getting off, so I inform him that I have changed my number and didn’t update in my application because I have research if we change anything in the application decision get delayed, he ask me the new number and assure me to update in the application.. I am really confused first if officer wont be able to make decision then they refer the case to court, but as he told me he had made the decision then what could be the reason to not give me in person?? Second why officer came to handed me the bag he could send through front desk, officer was so cool he was talking with me in friendly manner.
Thanks
It is very common for pick up decision to be mailed, and I think it is not a good or bad sign for the outcome of the case. Hopefully, you will get a good decision soon, but it may take some time – it is not possible to predict. Good luck, Jason
I hope you getting a good news
Can you please share your timeline with us, I’m waiting for interview in NY too
Many thanks jimmi
Please follow USICS interview schedule site this is almost accurate.
I follow everything from USICS, but i wanted to know in practice…
I applied in may 2015 and wanted to know if is any chance to get interviewed this year??
Thanks Jimmi
I applied in Feb 2015 and got interview in May 2017, you might be in the coming few months.. Best of luck Jimi
Thanks Jimi
I hope you gonna get a great news bro
I heard in NY there are 3 offices
Which one you did the interview??
Because is moving faster based on USCIS bulletin ?
Thank you very much, god bless you
There is on main office, but they sometimes do interviews in Buffalo and maybe other cities as well. Take care, Jason
Very r3spected Jason,
i have a question related to my kids school.
how they will get admission in school as they are on b1,b2 visa ? here a friend of mine offer that he will d3clear in athe school that he will support my kids. they will get admission easily by this procedure. what is your opinion about that.
take care n be happy.
Every child, regardless of immigration status is allowed to attend public school from elementary to high school. Talk to the school about enrolling them. Take care, Jason
Hi,
There is only 1 Asylum Office in NY which is in Bethpage, Long Island
Thanks
Hi Jason,
Thank you for ur support.
I have a question regarding advance parole. I m on pending asylum waiting for my interview. I applied last year. So, I want to travel outside of US to see my family in another country, not my country. what is the prosses? and what is your suggestion?
thanks
Apply for AP using form I-131 available at http://www.uscis.gov. It takes 3 to 6 months to get the travel document, and you need to give them a “humanitarian” reason for the travel – for example, if you have a sick relative you want to visit, get a letter from the doctor. Take care, Jason
Did they give Asylum applicant a travel document?
Thank You
An asylum applicant can get Advance Parole (form I-131, available at http://www.uscis.gov), which allows a person to re-enter the US if they leave. Take care, Jason
Jason..
thanks for helping us, and my question is..
does the USCIS wasting time, money and employees work to do processing for background check even if they decide to deny pend case for decision after been interviewed ? and why??
thanks.
I am not 100% sure, but I believe they do. Why? I suppose because most background check are done prior to the interview, so that if an issue comes up, the officer can ask you about it. But why they cause long delays after the interview is a mystery to me. Take care, Jason
Hi Jason.My EAD will expire on 08/14/2017.i applied for Renewal 120 days before on 04/14/2017.i checked on usps website that mail received on 04/17/2017 at uscis office.But until now i not received any receipt or acceptance letter and also not showing online.what i do? And another thing is that my Asylum interview is in 2nd week of June.Plz pray for that too. Regards.
Where is your interview? When did you apply can you please share the timeline.Please
If you did not get the receipt, something may be wrong (maybe there was an error in your mailing address). If you paid by check, you can get a copy of your check from the bank and it will show your receipt number, which you can check on-line. Also, you can call USCIS to ask. Their number can be found at http://www.uscis.gov. Take care, Jason
I paid $410 by postal order.so how i check my online status?
You can check at http://www.uscis.gov using the receipt number. If you do not have the receipt, and you cannot get a copy of the cashed postal order (which would also contain your receipt number), you can call USCIS (their number is on their website) and ask about your case. Take care, Jason
Hi Noor,
I have the same issue like this, could get the receipt for EAD renewal and they have charges me for fee from my account. I talk to bank about cheque they inform me USCIS took the money through accounting number which was available on the cheque,. I call USICS they have informed me to wait till 30 days to get receipt. Can you please guide me how did you resolve this issue so I can try like that. Thanks Jimi.
Thank you very much in advance Jason
I’m waiting to be interviewed in NY, my address is in Staten Island. I took my driver license in Pennsylvania when i was for visit to my cousin i put addres of my cousin. Is this goona couse any problem or do i need to transfer my driver license in NY.
If you can suggest me what to do i really really appreciate that
Great day,
God bless you Jason for helping a lot of people
It is probably better to have your license in NY (for your asylum case and because you live there). If not, and they ask you about this, you should be prepared to explain why you have a license from a different state than where you live. Take care, Jason
Hello Jason,
I got my asylum interview in Los Angeles during the beginning of March and waited for two months, I then got a second interview a couple of weeks ago. During the period in between, I have applied to renew my card based on a C08 Pending asylee category and got a receipt notice with c08 extension. Two days ago I got in the mail the card but on it an A05 category. I still did not receive any decisions by mail. Does that mean the decision has been made or is it an error?
when did you apply man… Los Angeles is so slow. still waiting
I applied 5 years ago
Sometimes this happens and – hopefully – it is a good sign. I recommend you contact the asylum office and ask. You can find their contact info if you follow the link at right called Asylum Office Locator. Take care, Jason
Hello Jason,
I hope you are doing good.
I have reached to USA along with my two sons.
Have contacted your office and got your perdonal no from there.,, have contacted you 2 tines and even sent you messages but didnt get any reply.. I am already frustrated. Ad my both kids are sick.. Now this situation is more frustating as i am not getting any contact from you. Waiting for your reply.
Regards,
I have not received any emails or messages from you. You can email me at Jdzubow@dzubowlaw.com and I will reply (but I will not be in the office this weekend). Take care, Jason