Redress for Japanese Latin Americans/ Court cases

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This article series was part of the spring 2007 Student Editor Program - Asian Pacific Americans and American Public Policy. For more information about how to use this site in the classroom, see the main informational page or contact Congresspedia Managing Editor Conor Kenny at File:Conoremail.png.

This article is part of Congresspedia’s coverage of Japanese Americans and Japanese Latin Americans and U.S. Policy During World War II

The series was part of the Student Editor Program - Asian Pacific Americans and American Public Policy.


Contents

Japanese Latin American Redress: Court Cases

Significant Court Cases (Supreme Court, etc.)

  • The Civil Liberties Act of 1988 The act that was supposed to right the wrongs done against Americans of Japanese descent during World War 2, but due to the Eligibility Provision people who were not citizens or permanent resident aliens of the United States. This act is important because it is the cause of many of the Japanese Latin American cases against the government.

This suit was filed in 1996 on behalf of over 2,000 Japanese Latin Americans who were not compensated for internment during World War II, while Japanese Americans were. The Japanese Latin Americans were not US citizens, but were still interned by the US government. Japanese Americans were given an apology and money during the Civil Liberties Act of 1988, but this did not cover Japanese Latin Americans. Court TV Library

  • 2002 Shibayama v. United States, 55 Fed. Cl. 720 (Fed. Cl. 2002). Three Japanese Latin American brothers seeking redress fromt the United States. Shibayama was deinied reparations from the Civil Liberties Act of 1988 passed by United States because they were not U.S. citizens at the time. Art Shibayama joined the group Campaign for Justice in the mid 90's. In 1996 Campaign for Justice and some lawyers helped in a lawsuit to garner reparations for Japanese Latin Americans. The Case was setteled in 1998 giving $5,000 dollars to each surviving Japanese Latin American internee. The Shibayama brothers were disatisfied with this settlement and still have a case pending against the government.[1]

2003 Filing of OAS Petition A petition on behalf of the Shibayama brothers stating that the State is responsible for violating certain rights that are supposed to be protected by the American declaration of the Rights and Duties of Man. The brothers were forcibly seized and interred by the U.S. from March 23, 1944 to September 9, 1946. They were denied reparations from the 1988 Civil Liberties Act because they were not U.S. citizens at the time of their internment. The Shibayama brother later rejected the Mochizuki settlement and filed their own suit against the U.S. in California arguing that their internment was a violation of their human and civil rights. This is a current attempt to bring issue to the international court. USA Petition 434.03-Japanese Peruvian Oral History Project-Shibayama Court Case

People in the Court Cases

  • Plaintiffs:

Carmen Mochizuki - 64 years old at time of case. She was taken from her home in Peru in 1943 and sent to a detention camp in Crystal City, Texas. She applied for redress under the 1988 Civil Liberty Act but was denied. Court TV Library

Alicia Nishimoto - 63 years old at time of case. She was taken from her home in Peru in 1943 and sent to a detention camp in Crystal City, Texas. Court TV Library

Henry Koshio Shima - 73 years old at time of case. He was taken from Peru in 1943 and sent to detention camps in Kennedy, Texas, Kooskia, Idaho, and Crystal City, Texas until 1946. Court TV Library

Isamu Carlos Shibayama - One of three brothers seized by the United States in Peru in 1944 and forcibly taken to the United States, held in custody in an internment camp in Crystal City, Texas from March 23, 1944 until September 9, 1946, were improperly denied permanent resident status in the United States until 1956, and were subsequently denied appropriate reparations under the Civil Liberties Act of 1988 Shibyama Court Case

Kenichi Javier Shibayama - One of three brothers seized by the United States in Peru in 1944 and forcibly taken to the United States, held in custody in an internment camp in Crystal City, Texas from March 23, 1944 until September 9, 1946, were improperly denied permanent resident status in the United States until 1956, and were subsequently denied appropriate reparations under the Civil Liberties Act of 1988 Shibyama Court Case

Takeshi Jorge Shibayama - One of three brothers seized by the United States in Peru in 1944 and forcibly taken to the United States, held in custody in an internment camp in Crystal City, Texas from March 23, 1944 until September 9, 1946, were improperly denied permanent resident status in the United States until 1956, and were subsequently denied appropriate reparations under the Civil Liberties Act of 1988 Shibyama Court Case

  • Defense:

Janet Reno - Attorney General at the time of case, also heads the Department of Justice.

Dede Greene - Administrator of the Office of Redress Administration

Proponents of JLA Redress

Articles and resources

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