Sending Office: Honorable Mark Takano
Cosponsor H.R. 4680, the Korematsu-Takai Civil Liberties Protection Act of 2017
Endorsed by: The Korematsu Institute, Stop Repeating History, Anti-Defamation League, Arab American Anti-Discrimination Committee, Asian Americans Advancing Justice, Asian Pacific American Institute for Congressional Studies, Asian
Pacific American Labor Alliance, Council on American-Islamic Relations, Human Rights Campaign, Impact Fund, Japanese American Citizens League, Lambda Legal, Leadership Conference on Civil and Human Rights, Muslim Advocates, NAACP, National Asian Pacific American
Bar Association, National Asian Pacific American Womens Forum, OCA – Asian Pacific American Advocates, South Asian Americans Leading Together, UnidosUS
Please join me as a cosponsor of H.R. 4680, the Korematsu-Takai Civil Liberties Protection Act of 2017. This bill would renounce the 1944
Korematsu decision, which endorsed the incarceration of Japanese Americans during World War II, and remains standing Supreme Court precedent. H.R. 4680 would prohibit the detention of an individual based solely on race, ethnicity, religion, gender,
gender identity, or sexual orientation.
In 1942, the United States Army issued a curfew order on Americans of Japanese descent on the West Coast, who were considered to pose a threat to national security, under the authority of Executive Order 9066. Fred Korematsu challenged the order and took
the case to the Supreme Court. On December 19, 1944, the Supreme Court affirmed Korematsu’s conviction and ruled that the exclusion and detention of Japanese Americans was constitutionally protected under the war powers of Congress and the President of the
United States. Although now a dormant threat, the Korematsu decision remains as standing Supreme Court precedent and has never been overruled.
The Korematsu-Takai Civil Liberties Protection Act of 2017 would legislatively reject
Korematsu and prevent similar violations of civil rights by amending the Non-Detention Act of 1971 to prohibit detentions based solely on race ethnicity, religion, gender, gender identity, or sexual orientation. The Non-Detention Act of 1971 currently
allows for detentions or imprisonment pursuant to an Act of Congress and does not specifically bar detentions or imprisonment based on identifiable characteristics, such as race or religion.
In a political climate filled with rhetoric and actions that threaten our fundamental rights and liberties, the need to aggressively address unjust detention is as urgent as ever. Continued calls to mass incarcerate Muslim Americans as well as the Administration’s
travel bans highlight the heightened possibility that our country might repeat its dark history. Congress must learn from the unjust incarceration of Japanese Americans and ensure that such violations of rights and liberties do not happen again.
Please join me in supporting the Korematsu-Takai Civil Liberties Protection Act of 2017. To become a cosponsor or to request additional information, please contact Kota Mizutani with Rep. Takano at
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