Opposition to Japanese American Internment Camps Hirabayashi v. United States (1987)

japanese american exclusion order

under authority delegated him, general dewitt issued series of public proclamations , civilian exclusion orders. on march 24, 1942, dewitt issued public proclamation no. 3 establishing curfew in established military zones, required “all persons of japanese ancestry [.…] remain within place of residence between 8 p.m. , 6 a.m.” on may 10, 1942, dewitt issued civilian exclusion order no. 57 established military zone in area surrounding university of washington (where hirabayashi both attended school , resided), , required persons of japanese ancestry report within two-days report designated civilian control station prerequisite exclusion area , assignment internment camp.

hirabayashi had learned in school expected of him american citizen , rights american citizen; so, instead of reporting civilian control station, went attorney seattle office of f.b.i. , turned himself in. during interview f.b.i. agent, hirabayashi stated matter of conscience refusing report control station imposed exclusion order no. 57, , had not abided curfew restrictions imposed public proclamation no. 3.

on may 28, 1942, grand jury indicted hirabayashi on 2 criminal counts. count (one) charged hirabayashi failing report civilian control station pursuant civilian exclusion order 57. count ii (two) charged hirabayashi curfew violation pursuant public proclamation no. 3. hirabayashi served prison time in king county jail, government labor camp in catalina mountains of arizona, , mcneil island corrections center in washington.

the case brought before judge lloyd llewellyn black of united states district court western district of washington. hirabayashi , attorney first petitioned judge black dismiss charges “on grounds [general dewitt’s] orders , proclamations involved unconstitutional virtue of being in violation of fifth amendment.” judge black determined dewitt’s orders , proclamations “are not reasonable vitally necessary”; , justified ruling stating:

“of vital importance in considering question fact parachutists , saboteurs, soldiers, of japan make diabolically clever use of infiltration tactics. shrewd masters of tricky concealment among resemble them. aid of artifice or treachery seek such human camouflage , uncanny skill discover , take advantage of disloyalty among kind.”

in october 1942, following judge black’s denial of motion dismiss, jury convicted hirabayashi on both counts. on appeal, court of appeals ninth circuit certified supreme court questions of law upon desired instructions. supreme court decided hear appeal directly, instead of addressing questions of law , ordered entire record brought court.