Korematsu-Takai Act reintroduced by lawmakers on WWII incarceration anniversary

Government
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Senator Mazie K. Hirono | U.S. Sen. Mazie Hirono

On the anniversary of Executive Order 9066, U.S. Senators Mazie K. Hirono and Tammy Duckworth, along with U.S. Representative Mark Takano, have reintroduced the Korematsu-Takai Civil Liberties Protection Act. This legislation aims to prevent policies that imprison individuals based on race, religion, nationality, sex, gender identity, sexual orientation, ethnicity, or disability.

Senator Hirono emphasized the importance of this legislation on the Day of Remembrance: “On this Day of Remembrance, we reaffirm our commitment to ensuring that blatant attacks on civil liberties, such as the incarceration of more than 120,000 Japanese Americans, never occur again.” She expressed pride in reintroducing the bill to honor Fred Korematsu and Congressman Mark Takai's legacies.

The act is named after Fred Korematsu and the late Congressman Mark Takai from Hawaii. In 1942, a Civilian Exclusion Order directed people of Japanese ancestry to be removed from certain areas on the West Coast due to perceived national security threats. Korematsu challenged this order in court but lost in a Supreme Court decision in 1944.

The Non-Detention Act of 1971 attempted to address these issues but did not explicitly prohibit detentions based on characteristics like race or religion. The new act seeks to close this gap permanently.

In addition to Senators Hirono and Duckworth, other co-sponsors include Senators Tammy Baldwin, Cory Booker, Richard Blumenthal, Tim Kaine, Amy Klobuchar, Ed Markey, Catherine Cortez Masto, Patty Murray, Alex Padilla, Jack Reed, Bernie Sanders (I-VT), Brian Schatz (D-HI), Adam Schiff (D-CA), Tina Smith (D-MN), Chris Van Hollen (D-MD), Peter Welch (D-VT), and Ron Wyden (D-OR). Representatives Doris Matsui and Jill Tokuda are also co-leading with Representative Takano.

Senator Hirono has been active in efforts related to Fred Korematsu's legacy since first introducing legislation for his Congressional Gold Medal in 2019 and advocating for January 30 as "Fred Korematsu Day of Civil Liberties and the Constitution."