Author: Marleen Wallingford

Following the disappointing decision yesterday by the Supreme Court on affirmative action, the Court has followed up with two more abysmal rulings, again highlighting the radical ideological turn that the Roberts court has taken wielding its 6-3 supermajority.

Despite clear authorization from Congress to act, and in line with relief provisions granted to many wealthy business owners and corporations, the Court demonstrated its contempt for the average American, striking down the President’s student loan forgiveness plan. Combined with the affirmative action decision, the Court affirms its perspective that education should be reserved for an aristocratic minority.

In its other decision today, the Court voted to allow businesses to discriminate against LGBTQIA+ individuals on the basis of religious beliefs. Ironically, the court ruled against affirmative action on the basis of the equal protection clause but does not see our LGBTQIA+ friends and family worthy of the same protection from radical religious zealotry that holds dehumanization and hate as part of its theology.

Combined with yesterday’s decision on affirmative action, these three decisions by the Court are a serious blow to millions of Americans, many of whom are marginalized individuals who now face an uncertain future in varying aspects of their lives. 

In the wake of these decisions, the JACL stands clear in its support of educational access and equity for all students, but especially those most disadvantaged by the extreme financial burden of higher education and the barriers to admission for minority students. We also reaffirm our support yet again for our LGBTQIA+ members, friends, supporters, and the entire LGBTQIA+ community. It has been a year of continued rulings that have taken the liberties of millions of Americans and it is a sad reminder that we must continue to stand against discriminatory laws and legal decisions. 

It is clear from these decisions that the Supreme Court does not stand for justice, nor the American people.

June 30, 2023

For Immediate Release

Seia Watanabe, VP Public Affairs

Matthew Weisbly, Education & Communications Coordinator

On Monday, May 8th, Florida Governor Ron DeSantis signed three new laws with the intent to target the Chinese government in the name of national security. The new laws will restrict the Chinese government and many non-resident Chinese citizens from the purchase of farmland, or property near military bases and critical infrastructure, prohibit Florida’s state colleges and universities from partnering with foreign counterparts without approval from the state and will implement a list of banned applications such as Tik Tok that might be utilized by the Chinese or other governments for possible espionage against the United States. 

While the three newly introduced laws in Florida use the broad language “foreign country of concern”, and efforts were made by the legislature to carve out exceptions to the law, the legislation and Governor DeSantis’ own words are often very specific in targeting China. No amount of effort to soften the laws can hide the racist and xenophobic intent and effect. These laws rely upon two age-old hysterias of our country: Anti-Communism, and the perpetual foreigner perception of Asian Americans and that of dual or continued loyalty to the ancestral country. 

This current wave of nativist legislation in Florida parallels efforts elsewhere in the country and is nothing new. During World War II, the forced removal and incarceration of Japanese Americans proved that prejudice can be legitimized through public policy in the name of national security. In 2017, the Muslim Travel Ban subjected nationals of several majority-Muslim countries to various travel restrictions from entering our country. The just-expired Title 42 restrictions blocked immigrants from entering through our southern border under the facade of a public health emergency. 

Beyond the direct impact of these laws, the more likely result will be when a homeowner is considering two offers to purchase their home, and chooses not to sell to the Asian couple because they are perceived to be foreign, and refusing the sale would be an act of patriotism. These new laws give the green light to anti-Asian discrimination, even as our nation continues to experience unprecedented increases in anti-Asian hate. According to The Uniform Crime Reporting Program at the Federal Bureau of Investigation, from 2020 to 2021, reported hate crimes rose by more than 11%. Incidents against Asian Americans and Pacific Islanders increased 267% from 279 incidents in 2021 to 746 incidents in 2022. 

Bias-motivated attacks and racial scapegoating are nothing new to this country; however, for the State of Florida to actively perpetuate national origin discrimination by issuing laws that broadly attack individuals and families from targeted countries such as China is not only harmful but also highly irresponsible. The correlation between hate-fueled rhetoric, discriminatory laws such as those passed in the state of Florida, and the rise in hate crimes amongst targeted communities cannot be ignored. 

It has been only five years since Florida became the last state to repeal its existing Alien Land Law. It has now become the first to reinstate such a law and we call upon them to repeal this and urge other states to not follow their bad example.

Seia Watanabe, VP Public Affairs, swatanabe@jacl.org

Matthew Weisbly, Education & Communications Coordinator, mweisbly@jacl.org

This Sunday, February 19, 2023, marks the 81st anniversary of the signing of Executive Order 9066 by President Franklin D. Roosevelt, resulting in the mass incarceration of over 120,000 Japanese Americans. Similarly, thousands of Japanese Latin Americans and Japanese Canadians were incarcerated en masse in their own countries or, in some cases, were kidnapped to the United States against their will to serve as “prisoners of war.” As we look back and mourn one of the darkest moments of our community’s and nation’s history, we also celebrate the many triumphs as well.

This past year for example, we saw the passage of legislation to study the creation of a National Museum of Asian-Pacific American History and Culture, where the stories of all AANHPI communities will be celebrated and remembered. Towards the end of 2022, we saw the passage of two major bills, namely, the Norman Y. Mineta Japanese American Confinement Education (JACE) Act, and the World War II Japanese American History Network Act. Both bills will support organizations that work to educate the public about the experiences of Japanese Americans during World War II.

This year also marks the 35th anniversary of one of the greatest triumphs of our community in the passage of the Civil Liberties Act of 1988 as a response to our history of incarceration. It was the culmination of nearly two decades of multigenerational work by former incarcerees, their children and grandchildren, members of Congress, community leaders, supporters, and thousands of allies across multiple communities. While no amount of money could heal the traumas of everything our community lost, it was our government’s acknowledgment of its wrongdoing that allowed our community to begin the healing process. The Civil Liberties Act showed the power of community organizing in how it forced our government to acknowledge and apologize for the suffering it caused to its people. In the 35 years since the passing of this bill, our journey toward achieving true reparatory justice continues. 

HR 40, or the Commission to Study and Develop Reparation Proposals for African Americans Act, has been introduced in some form in every Congressional session since 1989, the year after the passage of Japanese American redress. It was first introduced by Representative John Conyers, and more recently by Representative Sheila Jackson Lee. Much of the framework of HR 40 is based on the Commission on Wartime Relocation and Internment of Civilians (CWRIC) which helped pave the way for the Civil Liberties Act of 1988. The African American community was one of the first to support the Japanese American community in its path toward redress, and now it is time that Japanese Americans do the same. Late last year, the JACL, the National Nikkei Reparations Coalition, and over 70 other Asian American organizations joined together to send a letter to President Biden calling for the creation of a commission to begin the process for the African American community toward reparations and healing. 

As we continue into 2023 and beyond, we look back on our triumphs and hardships, as well as our solidarity in the hopes that we can make a change for a better future for all people in this nation. When our country seems more divided than ever, let us stand together and show that the unimaginable tragedies our ancestors suffered are not forgotten and are worthy of our government’s recognition and repair. 

On January 7, 2023, five police officers from the Memphis Police Department severely beat 29-year-old Tyre Nichols during a traffic stop in Memphis, Tennessee. Nichols was hospitalized in critical condition and died there three days later. He was laid to rest earlier today in Memphis surrounded by family, friends, community members, and civil rights advocates. 

Tyre Nichols is only the latest victim of brutality and violence at the hands of the police. In 2022 alone, the number of people who have died at the hands of the police hit a 10-year high, with African Americans accounting for over a quarter of deaths. In the nearly three years since George Floyd’s murder in May 2020, little has changed. Congress has failed to pass meaningful reform at the federal level.   

At our 51st National Convention, JACL’s National Council passed a resolution in support of the Black Lives Matter Movement and specifically committed to advocating for the passage of the George Floyd Justice in Policing Act and The Breathe Act, which would make significant strides toward reforming police policies. Again, Congress has failed to take action on either of these bills.

We must also focus on the local level. Policing systems are fundamentally broken and not just the result of a few bad apples. Tyre Nichols’ death shows this to be true. Resources must be directed to community-based solutions to uplift communities, not subject them to oppression from over-policing. They also define the ways community care and safety are practiced in our country for future generations. The JACL strongly reiterates the need for major reform in law enforcement, which includes independent community oversight, de-escalation of force, and just and equitable police policies and practices.

It is past time we must make fundamental changes to our law enforcement agencies to ensure Black and Brown individuals are safe from oppressive and abusive police practices. Law enforcement officers must be held accountable for these heinous acts of violence. If we are to ensure justice for those affected by the trauma of these actions, we must reform the systems that have enabled these acts of violence from the state upon the people. We can do better. We must do better. 

On Monday, May 2nd, 2022, an initial draft of a supreme court opinion authored by Justice Alito that would strike down the Roe vs Wade decision was leaked to the public. It is important to note that the right to choose is currently still protected by law and that this is a draft decision from the court. The decision, however, if made official, would overturn the right to choose, protected by the 14th amendment of the constitution under the Roe vs Wade ruling for over 49 years. Erosion of the 14th amendment could then lead to the loss of constitutionally protected rights of individuals including the rights of people of color and members of the LGBTQIA+ community.

Justice Alito?s draft opinion states, ?Roe was egregiously wrong from the start.? This is language similarly used to describe the Korematsu case in an opinion by Justice Kavanaugh in the 2020 case Ramos vs Louisiana and echos a similar repudiation of the Korematsu decision in the Muslim Travel Ban case decided in 2018. Unfortunately, despite the court’s declaration that the original Korematsu verdict was wrong, it has continued to demonstrate its willingness to declare egregious wrongs and continues to trample on individual rights as it did with the Muslim ban. It is critical, therefore, that the court reassess its problematic past decisions to ensure that future declarations are spared from equally harmful abridgments of personal freedom.

This decision comes after many other state-level attacks on the right to choose such as the Texas law that went into effect in September of last year that placed a cash bounty on the heads of doctors that performed abortions after six weeks, which is often before a person even realizes that they are pregnant. Lawmakers in Missouri considered legislation that would allow individuals to sue anyone who aided a person in crossing state lines for an abortion.

The JACL once again reaffirms its commitment to reproductive freedom and the right to choose whether and when to become a parent. JACL highlights that it was 30 years ago that our National Council officially adopted a resolution, titled Family Choice, at the 1992 convention supporting a person?s right ?to choose and determine the course of their lives.? JACL also calls on our elected representatives to pass legislation protecting the right to choose immediately instead of holding out on fundamental rights in order to have more talking points during upcoming election campaigns.

JACL executive director David Inoue states, ?The language of this draft decision from the court is especially troubling for the implications it will have on the potential infringement of other individual rights. We cannot be a United States of America if not everyone in our nation holds the same rights. History has demonstrated that we cannot leave fundamental human rights to the jurisdiction of the states.?