Echoes of Injustice
An academic exploration into the historical context, implementation, and enduring legacy of a pivotal U.S. presidential order.
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The Executive Order
Authorizing Military Areas
Executive Order 9066 was a United States presidential executive order signed by President Franklin D. Roosevelt on February 19, 1942, during World War II. This order authorized the Secretary of War to designate "military areas" from which "any or all persons" could be excluded. The primary consequence was the forced removal of approximately 125,000 Japanese Americans from the West Coast to inland "relocation centers," leading to their incarceration.[1]
Disproportionate Impact
A critical aspect of Executive Order 9066 was its highly discriminatory application. While the order's text did not explicitly name Japanese Americans, it was almost exclusively applied to them. Notably, two-thirds of the individuals displaced were U.S. citizens.[2] In contrast, German and Italian Americans who were interned during the war were held under different legal provisions, specifically Presidential Proclamation 2526 and the Alien Enemy Act of 1798, highlighting the unique targeting of those of Asian descent.[9]
The Order's Mandate
The order empowered the Secretary of War and designated Military Commanders to define military areas and impose restrictions on entry, residency, or departure. It also authorized the provision of transportation, food, shelter, and other accommodations for those excluded. This directive superseded previous designations by the Attorney General concerning prohibited and restricted areas, centralizing control under military authority.[3]
Historical Context
Post-Pearl Harbor Sentiment
The signing of Executive Order 9066 followed the attack on Pearl Harbor on December 7, 1941, which ignited intense anti-Japanese sentiment across the United States. This wartime hysteria, coupled with long-standing racial prejudice, created an environment where the actions of Japanese Americans were strictly scrutinized.[4] At the time, Japanese Americans were legally barred from obtaining U.S. citizenship, despite many having resided in the country for generations.[5]
Roosevelt's Pre-existing Views
President Roosevelt's decision was consistent with his documented racial views concerning Japanese Americans. As early as the 1920s, he had expressed opposition to "the mingling of Asiatic blood with European or American blood" and praised California's ban on land ownership by first-generation Japanese immigrants. In 1936, he privately suggested that in the event of war, Japanese citizens and non-citizens on Oahu with connections to Japanese ships should be identified and placed in "concentration camps." During the critical period after Pearl Harbor, he disregarded the advice of Attorney General Francis Biddle and other top advisors who opposed mass incarceration.[7]
Ignored Intelligence
Despite the prevailing fears, intelligence reports indicated no credible threat from Japanese Americans. The Munson Report, commissioned by President Roosevelt in early 1941 and submitted a month before Pearl Harbor, concluded there would be "no armed uprising of Japanese" in the U.S., stating that most were loyal or sought to avoid trouble. A second investigation by Naval Intelligence officer Kenneth Ringle in January 1942 similarly found no evidence of "fifth column" activity and advised against mass incarceration. Both reports were ultimately ignored by military and political leadership.[16][18]
The Internment Camps
Zones of Exclusion
Lieutenant General John L. DeWitt, interpreting Executive Order 9066 broadly, issued orders declaring specific areas of the western United States as exclusion zones. These orders explicitly targeted "all people of Japanese ancestry," leading to the eviction of approximately 112,000 individuals from the West Coast. To enforce the executive order, Public Law 77-503 was approved, making violations of military orders a misdemeanor punishable by fines and imprisonment. This law was authored by War Department official Karl Bendetsen, who later oversaw the incarceration process.[13][10]
Life in "Relocation Centers"
The "evacuees" were initially taken to temporary "assembly centers," often repurposed fairgrounds and horse racing tracks where living quarters were converted livestock stalls. As permanent War Relocation Authority camps were constructed, populations were transferred. These camps, located in diverse climates, consisted of tar paper-walled frame buildings, guarded by armed soldiers and fenced with barbed wire. They functioned as small cities, providing basic medical care, food, and education. Adults were offered "camp jobs" with meager wages ranging from $12 to $19 per month.[16]
Camp Locations
A total of ten primary internment camps, euphemistically termed "relocation centers," were established across seven states in the United States:
- Two in Arkansas
- Two in Arizona
- Two in California
- One in Idaho
- One in Utah
- One in Wyoming
- One in Colorado[19]
These facilities often presented poor living conditions, with cramped barracks, minimal privacy, and inadequate facilities, exacerbated by extreme temperatures and harsh weather in their desert locations.[20]
Voices of Dissent
Public Opinion
In March 1942, a poll revealed that a majority of Americans supported the internment of Japanese Americans, regardless of their citizenship status. This widespread public approval meant that overt opposition to Executive Order 9066 was minimal. However, several prominent individuals and organizations did challenge the order or express significant concerns about its implications for civil liberties.[21]
Norman Thomas's Advocacy
Norman Thomas, the chairman of the Socialist Party of America, emerged as a vocal critic of the executive order. He actively worked to defend the rights of Japanese Americans, maintaining contact with individuals within the camps and collaborating with various civil rights organizations. In July 1942, Thomas published "Democracy and Japanese Americans," a work that detailed the conditions inside the camps and questioned the legality of the order. By late 1943, he publicly condemned the internment, stating that "Congress and the President have created a dangerous precedent by adopting wholesale the totalitarian theories of justice by discrimination on the basis of racial affiliation."[22][23][24]
Eleanor Roosevelt's Concerns
While publicly supporting her husband's administration, First Lady Eleanor Roosevelt privately expressed reservations about the necessity of the internment camps. She generally advocated for a more measured approach to dealing with suspected spies and publicly asserted that U.S. laws should apply equally to all citizens, irrespective of their race or nationality. Her stance reflected a nuanced understanding of civil rights amidst wartime pressures.[25][26]
Legal Challenges
Korematsu v. United States
Fred Korematsu, a 23-year-old American citizen of Japanese descent, famously defied Executive Order 9066 by refusing to report for forced removal. He underwent plastic surgery and changed his name to evade detection, but was eventually arrested. His case, supported by the American Civil Liberties Union, challenged the constitutionality of the order. In a 6–3 decision, the Supreme Court upheld the order, citing "military necessity" as justification for the internment.[34][35]
Hirabayashi & Yasui Cases
Similar to Korematsu, Gordon Hirabayashi, a University of Washington student, engaged in civil disobedience by refusing to abide by the curfew imposed on Japanese Americans. His arrest led to Hirabayashi v. United States, where the Supreme Court unanimously upheld his conviction, again on the grounds of "military necessity."[36] Minoru Yasui, the first Japanese American attorney admitted to the Oregon bar, also challenged the curfew, deliberately turning himself in to test its constitutionality. His case, Yasui v. United States, similarly resulted in the Supreme Court upholding the curfew based on military necessity.[38][40]
Overturning Injustice
Decades later, in 1983, new evidence uncovered by Peter Irons and Aiko Herzig-Yoshinaga, specifically Lieutenant Commander K.D. Ringle's original U.S. Navy report, revealed that government intelligence agencies had concluded Japanese Americans posed no military threat. This crucial discovery demonstrated that Executive Order 9066 was based on false pretenses. Consequently, the convictions in the Korematsu, Hirabayashi, and Yasui cases were reopened and overturned on November 10, 1983, due to government misconduct. In 2018, the Supreme Court officially repudiated the *Korematsu* decision, with Justice Sonia Sotomayor declaring it "gravely wrong the day it was decided."[35][42][43]
Apology and Redress
Termination of the Order
Despite urgings from Attorney General Francis Biddle and Secretary of Interior Harold L. Ickes, President Roosevelt delayed releasing internees, reportedly due to political considerations for the California election. The Executive Order was finally suspended in December 1944, following the Supreme Court's decision in Ex parte Endo. Detainees were released, often to resettlement facilities, and the camps were fully shut down by 1946.[27][16]
Official Apology
On February 19, 1976, President Gerald Ford formally terminated Executive Order 9066 and issued an apology for the internment. He stated, "We now know what we should have known then—not only was that evacuation wrong but Japanese Americans were and are loyal Americans." This marked a significant step toward acknowledging the injustice.[28][29]
Reparations and Recognition
In 1980, President Jimmy Carter established the Commission on Wartime Relocation and Internment of Civilians (CWRIC) to study the order's effects. The CWRIC's 1982 report, "Personal Justice Denied," concluded that the incarceration was not militarily necessary but was based on "race prejudice, war hysteria, and a failure of political leadership." It recommended an official government apology and redress payments of $20,000 to each survivor. The Civil Liberties Act of 1988, signed by President Ronald Reagan, implemented these recommendations, with payments authorized by President George H. W. Bush between 1990 and 1998, extending to both Japanese Americans and Aleut people who were also relocated.[30]
Enduring Legacy
Day of Remembrance
February 19, the anniversary of Executive Order 9066's signing, is now recognized as the Day of Remembrance. This annual commemoration serves as a vital occasion for Americans to reflect on the unjust incarceration of the Japanese American community and to reaffirm commitment to civil liberties. In 2010, California designated January 30 as Fred Korematsu Day, marking the first day named after an Asian American.[44][42]
Memorials and Education
The legacy of Executive Order 9066 is preserved through various educational initiatives and memorials. In 2017, the Smithsonian launched an exhibit featuring artwork by Roger Shimomura, providing context and interpretation of the treatment of Japanese Americans during World War II.[45] More recently, in 2022, supporters successfully lobbied for the passage of the Amache National Historic Site Act, designating the Granada War Relocation Center in Colorado as a national historic site, further ensuring that these events are remembered.[46][47]
Rebuilding and Resilience
In the aftermath of the war, interned Japanese Americans faced immense challenges in rebuilding their lives. Many lost homes, businesses, property, and savings. The once-populous Asian American communities drastically decreased as many chose to start anew elsewhere. The trauma of incarceration, coupled with ongoing xenophobia, deeply affected the community. While redress payments provided some compensation, the psychological impact of criminalization and displacement endured. Despite these hardships, the Japanese American community demonstrated remarkable resilience, transforming a painful chapter into a powerful call for justice and remembrance.[2][32]
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