Justice Should Not Be War's Final Casualty

by

Karen E. Ebel and Arthur D. Jacobs

February 29, 2000

Our nation has recognized its WWII mistreatment of the Japanese. It is beginning to recognize similar abuse of the Italians. America continues to ignore its wartime mistreatment of Germans. All who have suffered this mistreatment should be acknowledged. When justice is denied to some, all are diminished. America's awakening to Japanese suffering should include the moral courage to acknowledge that in fear and anger it mistreated a diverse group of individuals, including innocent German American children. America must admit its wrongdoing to help ensure its sins are not repeated.

The following is a comparative markup of the Wartime Violations of Italian American Civil Liberties Act, S. 1909, as it was introduced in the Senate on November 19, 1999. Words in bold indicate recommended changes to S. 1909, highlighting similarities in the Italian and German wartime experience in America, as well as certain changes necessary for precision and completeness.1 Neither the Act as originally proposed nor as marked up below includes other nationalities which were similarly mistreated.2 A comprehensive bill would do so.

This markup clearly shows that the government treated Germans and Italians almost identically during WWII. If the goal of this Act is justice, it fails. Injustice will prevail yet again, unless the Act is amended to include all affected persons of German and Italian ancestry.

Wartime Violation of Italian American and German American Civil Liberties Act (Introduced in the Senate)

106th CONGRESS
1st Session

S. 1909

To provide for the preparation of a Government report detailing injustices suffered by Italian Americans and German Americans during World War II, and a formal acknowledgment of such injustices by the President.

IN THE SENATE OF THE UNITED STATES

November 10, 1999

Mr. TORRICELLI introduced the following bill; which was read twice and referred to the Committee on the Judiciary

A BILL

To provide for the preparation of a Government report detailing injustices suffered by Italian Americans and German Americans during World War II, and a formal acknowledgment of such injustices by the President.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

This Act may be cited as the `Wartime Violation of Italian American and German American Civil Liberties Act'.

SEC. 2. FINDINGS.

The Congress makes the following findings:

  1. The freedom of more than 600,000 Italians and more than 300,000 Germans in the United States and their families were restricted during World War II by Government measures that branded them "enemy aliens" and included carrying identification cards, travel restrictions, and seizure of personal property.

    2.  
  2. During World War II more than 10,000 Italian Americans and unknown number of German Americans living on the East and West Coasts, as well in other parts of the country, were forced to leave their homes and prohibited from entering designated military zones. More than 50,000 were subjected to curfews.

    3.  
  3. During World War II thousands of Italian Americans and German Americans were arrested, and thousands were interned in military and Immigration and Naturalization Service camps.

    4.  
  4. Hundreds of thousands of Italian Americans and German Americans performed exemplary service and thousands sacrificed their lives in defense of the United States.3

    5.  
  5. At the time, persons born in Italy were the largest foreign-born group and persons born in Germany were the second largest foreign-born group.Today persons of German ancestry are the largest ethnic group in the United States, numbering 57,000,000 and persons of Italian ancestry are the fifth largest ethnic group in the United States, numbering approximately 15,000,000.

    6.  
  6. The impact of the wartime experience was devastating to Italian American and German American communities in the United States, and its effects are still being felt.

    7.  
  7. A deliberate policy kept these measures from the public during the war. Even 50 years later much information is still classified the full story remains unknown to the public, and it has never been acknowledged in any official capacity by the United States Government.
SEC. 3. REPORT.

The Inspector General of the Department of Justice shall conduct a comprehensive review of the treatment by the United States Government of Italian Americans and German Americans during World War II, and not later than 1 year after the date of enactment of this Act shall submit to the Congress a report that documents the findings of such review. The report shall cover the period between September 1, 1939, and December 31, 1948, and shall include the following:

  1. The names of all Italian Americans and German Americans who were taken into custody in the initial roundup following the attack on Pearl Harbor, and prior to the United States declaration of war against Italy and Germany.

    2.  
  2. The names of all Italian Americans and German Americans who were taken into custody.

    3.  
  3. The names of all Italian Americans and German Americans who were interned and the location where they were interned, to include a listing of the names: of the German American internees who worked for Gang 5 of the Northern Pacific Railroad; for the National Forest Service; and for the Minnesota Mining and Manufacturing Company (3M).

    4.  
  4. The names of all Italian Americans and German Americans who were ordered to move out of designated military zones under the United States Army's 'Individual Exclusion Program'.

    5.  
  5. The names of all Italian Americans and German Americans whose civil liberties were violated as a result of the United States Government's exercise of authority pursuant to Executive Order 9066, the Alien and Sedition Act of 1798 and related Presidential Proclamations 2526a, 2527b and 2537c and any other related Executive order, Presidential Proclamation or law of the United States.

    6.  
  6. Documentation of Federal Bureau of Investigation raids on the homes of Italian Americans and German Americans.
  7. A list of ports from which Italian American fishermen and German American seamen were restricted.

    8.  
  8. The names of Italian American fishermen who were prevented from fishing in designated military zones and therefore unable to pursue their livelihoods.

    9.  
  9. The names of Italian Americans and German Americans whose marine vessels were confiscated.

    10.  
  10. The names of Italian American railroad workers who were prevented from working in designated military zones.

    11.  
  11. A list of all civil liberties infringements suffered by Italian Americans and German Americans during World War II, as a result of Executive Order 9066, the Alien and Sedition Act of 1798 and related Presidential Proclamations 2526, 2527 and 2537 and any other related Executive order, Presidential Proclamation or law of the United States, including internment, hearings without benefit of counsel, illegal searches and seizures, travel restrictions, enemy alien registration requirements, employment restrictions, confiscation of property, and forced evacuation from homes.

    12.  
  12. An explanation of why some Italian Americans and German Americans were subjected to civil liberties infringements, as a result of Executive Order 9066, the Alien and Sedition Act of 1798 and related Presidential Proclamations 2526, 2527 and 2537 and any other related Executive order, Presidential Proclamation or law of the United States while other Italian Americans and German Americans were not.

    13.  
  13. A review of the wartime restrictions on Italian Americans and German Americans to determine how civil liberties can be better protected during national emergencies.
SEC. 4. SENSE OF THE CONGRESS.

It is the sense of the Congress that

  1. the story of the treatment of Italian Americans and German Americans during World War II needs to be told in order to acknowledge that these events happened, to remember those whose lives were unjustly disrupted and whose freedoms were violated, to help repair the damage to the Italian American and German American communities, and to discourage the occurrence of similar injustices and violations of civil liberties in the future;

    2.  
  2. Federal agencies, including the Department of Education and the National Endowment for the Humanities, should support projects such as-
    1. conferences, seminars, and lectures to heighten awareness of this unfortunate chapter in our Nation's history;

      2.  
    2. the refurbishment of and payment of all expenses associated with the traveling exhibit 'Una Storia Segreta', exhibited at major cultural and educational institutions throughout the United States; and

      3.  
    3. documentaries to allow this issue to be presented to the American public to raise its awareness;
  1. an independent, volunteer advisory committee should be established comprised of representatives of Italian American and German American organizations, historians, and other interested individuals to assist in the compilation, research, and dissemination of information concerning the treatment of Italian Americans and German Americans; and

    2.  
  2. after completion of the report required by this Act, financial support should be provided for the education of the American public through the production of a documentary film suited for public broadcast.
SEC. 5. FORMAL ACKNOWLEDGEMENT.

The United States Government formally acknowledges that these events during World War II represented a fundamental injustice against Italian Americans and German Americans.

1 As used herein, the term "German Americans" is defined to include permanent resident aliens, naturalized US citizens of German nationality, and American-born citizens of German ancestry. Although not defined in S. 1909, it appears that the term "Italian Americans" has the same meaning in the bill. The terms "Italians" and "Germans" refer to permanent resident aliens of the indicated ancestry. Again, these terms are not defined in S. 1909. Such definitions are necessary for accuracy.

2 Other nationalities required to register under the Alien Registration Act of 1940, with the number of internees indicated, include Hungary: 53; Romania: 25; Bulgaria: 5; and 161 from other nationalities, including Austrians and Czechoslovakians. The Alien Registration Act also applied to 191,594 Austrians, 94,510 citizens of the then-former Austrian-Hungarian Empire, and to 3,522 Koreans, but classification as "enemy aliens" did not apply to entire population of each of these three classes. Nevertheless, some members of these groups were affected.

3 Approximately 1/3 of the eleven million Americans in the Armed Forces during WWII were of German stock. All three branches had leaders of German ancestry: General Eisenhower, General Carl Spaatz, Admiral Chester W. Nimitz, and General Walter Krueger. Americans crossed the Rhine River in tanks designed by Donald Roebling. Henry Kaiser a leading American industrialist was the son of German who immigrated in 1848. Kaiser's innovations enabled American war workers to produce great ships at an unheard of pace, contributing to the American victory against the Japanese in the Pacific Theater of World War II. Between 1862 and 1997, 19% (138) of the foreign-born recipients of the Congressional Medal of Honor were of German ancestry, second only to Irish-born recipients.

a Entitled: Alien Enemies - German, dated December 8, 1941

b Entitled: Alien Enemies - Italian, dated January 14, 1942

c Entitled: Registration of Aliens, dated January 14, 1942

Related links:

Executive Order 9066

Proclamation 2525 Alien Enemies - Japanese

 Proclamation 2526 Alien Enemies - Germans

 Proclamation 2527 Alien Enemies - Italians

 Legislative History

 It's time his story was told!

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March 3, 2000, ADJ