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Alien Enemies Act Challenged in Court

JACL is proud to stand with 63 other Asian American organizations in filing an amicus brief in the United States Court of Appeals for the Fifth Circuit to combat President Trump’s invocation of the Alien Enemies Act. It is now more important than ever that we share the harms and injustices that were committed against the Japanese American community under the Alien Enemies Act. 

We are thankful to our friends at the Asian Law Caucus, Asian Americans Advancing Justice – AAJC (Advancing Justice – AAJC), and Fred T. Korematsu Center for Law and Equality for their partnership in filing this brief. 

“When the Executive asserts extraordinary powers, courts must act as a check on this authority; otherwise, terrible wrongs inevitably result. The instant case, and other similar habeas petitions challenging the use of the Alien Enemies Act (“AEA” or the “Act”) offer an opportunity for the Court to fulfill its role and duty as a co-equal branch in our constitutional democracy, andto ensure that we remain “a government of laws, and not of men.”

“Our fates as Japanese Americans are one and the same as those of Venezuelan Americans, and by sharing our stories, however painful, we send an enduring message of solidarity and commitment to justice that cannot be weakened by presidential fiat,” said David Inoue, executive director of the Japanese American Citizens League. “For nearly 40 years after the war, Japanese Americans lived under the pretense that our mass incarceration was necessary for national security. We cannot allow similarly false invocations of national security to once again strip an entire community of their right to due process.

“We know what happens when fear, racial prejudice, and failed leadership override the Constitution—my own father was incarcerated without due process under the Alien Enemies Act. Today, we see history repeating itself, with immigrants once again being targeted and deported based on manufactured fear. We must speak out, because we were once the targets—and we know how long justice can take.” Larry Oda, national president of JACL

We are once again thankful to all of the organizations for signing on in support of our community’s history and ensuring nothing like the WWII incarceration ever happens again. You can find the full press release from our partners at Asian Law Caucus HERE. You can also find the full amicus brief with the full list of signatories HERE

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As we prepare to take this fight to the U.S. Supreme Court — we need support now more than ever. These legal efforts are urgent and unbudgeted. Donations dedicated to the new Alien Enemies Act Fund will directly support legal challenges, repeal efforts, education, advocacy, and costs to defend against retaliatory actions. You can learn more and donate to the AEA Fund HERE.

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The Japanese American Citizens League is a national organization whose ongoing mission is to secure and maintain the civil rights of Japanese Americans and all others who are victimized by injustice and bigotry. The leaders and members of the JACL also work to promote cultural, educational, and social values and preserve the heritage and legacy of the Japanese American community.