[Congressional Record Volume 167, Number 19 (Tuesday, February 2, 2021)]
[Senate]
[Pages S251-S252]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Ms. HIRONO (for herself, Ms. Baldwin, Mr. Bennet, Mr. 
        Blumenthal, Ms. Cantwell, Mr. Casey, Ms. Cortez Masto, Ms. 
        Duckworth, Mr. Durbin, Mrs. Feinstein, Ms. Klobuchar, Mr. 
        Markey, Mr. Merkley, Mrs. Murray, Mr. Ossoff, Ms. Rosen, Ms. 
        Smith, Mr. Van Hollen, Mr. Warner, Mr. Whitehouse, and Mr. 
        Wyden):
  S. 181. A bill to posthumously award a Congressional Gold Medal to 
Fred Korematsu, in recognition of his dedication to justice and 
equality; to the Committee on Banking, Housing, and Urban Affairs.
  Ms. HIRONO. Mr. President, I rise today to introduce legislation to 
posthumously award Fred Toyosaburo Korematsu with the Congressional 
Gold Medal. Fred challenged the illegal internment of Japanese 
Americans during World War II and devoted his life to expanding civil 
rights and liberties for all people. Awarding him the Congressional 
Gold Medal, Congress' highest civilian honor, would be a fitting 
tribute to his lifelong pursuit of justice and equality.
  Fred was born in Oakland, California on January 30, 1919, to Japanese 
immigrant parents. Although he was an American citizen, Fred was 
discriminated against due to his Japanese ancestry. As the United 
States entered World War II, Fred tried unsuccessfully to enlist in the 
U.S. military, and was fired from his job at the Oakland shipyard. In 
1942, Fred was arrested and convicted of defying military orders issued 
under Executive Order 9066, a discriminatory presidential order that 
authorized the mass removal and incarceration of more than 120,000 
Japanese Americans during World War II.
  Fred challenged the constitutionality of the government's order but 
was convicted in federal court of violating

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military orders issued under Executive Order 9066. After a federal 
appeals court upheld his conviction, he appealed his case to the U.S. 
Supreme Court. On December 18, 1944, the Court ruled against him in a 
6-3 decision, finding the government's discriminatory policy to 
incarcerate Japanese Americans was justified due to military necessity.
  Decades later, legal historians discovered key information that the 
federal government did not share with the Supreme Court, including a 
report that concluded very few Japanese Americans represented a 
national security risk. After this evidence of government misconduct 
emerged and was presented to the court, Fred's conviction was 
overturned by a Federal court in San Francisco nearly forty years 
later, on November 10, 1983. Fred believed that the Supreme Court's 
decision was wrong, and stated, ``I would like to see the Government 
admit that they were wrong and do something about it so this will never 
happen again to any American citizen of any race, creed or color.'' 
Although the Supreme Court's infamous ruling in Korematsu v. United 
States has been widely rejected by historians and legal experts, it has 
never been formally repudiated, and stands as one of the Supreme 
Court's worst precedents.
  The internment of Japanese Americans was a shameful act, and it was 
not until 1988 that the Civil Liberties Act was passed and our 
Government formally apologized to Americans of Japanese ancestry who 
were incarcerated during World War II. Fred Korematsu fought for this 
redress legislation and continued working to expand civil rights 
throughout his life. He spoke out against prejudice directed at 
minorities and immigrants, and after September 11, 2001, filed amicus 
briefs with the Supreme Court, warning our nation not to repeat history 
by committing civil and human rights travesties.
  During his lifetime, Fred Korematsu did not choose the easy route. 
Instead, he chose to fight and speak out against injustice his entire 
life. He fought not just for himself, but for everyone, particularly 
minorities who could be discriminated against based on their ethnicity. 
However, many of these injustices remain, and can be reborn as we have 
seen with the rise in anti-Asian prejudice during the COVID-19 
pandemic. Fred Korematsu reminds us that we must remain vigilant 
against discrimination, particularly when it is disguised in times of 
emergency or for reasons of security. On January 30, Fred Korematsu Day 
of Civil Liberties and the Constitution, we honor the life of this 
civil rights hero whose legacy continues to inspire people of all 
backgrounds to speak up and fight for justice. This day uses one of the 
most blatant examples of racial discrimination to educate individuals 
on the dangers of political scapegoating and works toward a future that 
guarantees civil rights for everyone. I am proud to introduce the Fred 
Korematsu Congressional Gold Medal Act in his memory, and I call on my 
colleagues in the United States Senate to swiftly pass this bill during 
the 117th Congress.
  I yield the floor.

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