How can the Alien Enemies Act of 1798 connect us to AANHPI Heritage Month? By Frances Kai-Hwa Wang The Ireichō: Book of Names commemorates the Japanese Americans who were incarcerated in U.S. concentration camps during World War II. This book is deeply researched and contains for the first time the names of all the 125,284 individuals of Japanese ancestry, two-thirds of whom were U.S. citizens. The book has been on display at the Japanese American National Museum for the past two years, where people have been marking the names of their family members with a special stamp or hanko. Now the book is touring the country, in order to honor the elders and ancestors named in the book and to help “repair the racial karma of America.” The Alien Enemies Act of 1798 is a wartime law that authorizes the president to detain or deport people from nations with whom it is at war. It has been used three times – during the Battle of 1812, World War I, and World War II. It was last used to justify incarcerating Germans, Italians, and Japanese Americans. Recently, this law has been used again to detain and deport 238 immigrants and asylum seekers from Venezuela accused of having criminal ties, without charges or hearings, to El Salvador. Three-quarters do not have criminal records in the U.S. or abroad. One Maryland man with legal protected status was sent by mistake. “The Alien Enemies Act of 1798 cloaks itself as an important way to protect Americans, but in reality it is a relic of fear born of some of our worst impulses,” said Representative Mark Takano (CA-39). “My family’s story is not just history – it is a warning of how dangerous this Act can be. When the government casts aside due process and targets communities based on fear rather than fact, the consequences are devastating. It starts with noncitizens, but it never ends there.” This week, the Supreme Court affirmed the President’s right to use this wartime authority and also affirmed people’s right to a hearing and due process. Meanwhile legal challenges continue. In her dissent, Supreme Court Justice Sonia Sotomayor, warns that U.S. citizens are at risk as well. “The implication of the Government’s position is that not only noncitizens but also United States citizens could be taken off the streets, forced onto planes, and confined to foreign prisons with no opportunity for redress if judicial review is denied unlawfully before removal,” Sotomayor wrote. “History is no stranger to such lawless regimes, but this Nation’s system of laws is designed to prevent, not enable, their rise.” International students are also being detained, having their student visas and legal statuses revoked without reason or notification, and threatened with deportation. Some exercised their freedom of speech to protest the Israel-Hamas war. Others had minor traffic violations like speeding or parking tickets. Legal permanent residents (green card holders) and tourists are also being detained and having their statuses revoked. As we look towards Asian American, Native Hawaiian, and Pacific Islander (AANHPI) Heritage Month, we honor the resilience of our communities and ancestors. Their stories remind us of the importance of remembrance – and of staying informed and prepared. The Ireichō is not just a historical document; it is a call to recognize the humanity in every name and to ensure that dignity and fairness remain at the heart of our values. In reflecting on the past, we find the strength to face the present – and the inspiration to shape a more just and compassionate future. |
