What allowed internment camps to be created?
Image from: http://www.pbs.org/thewar/at_home_civil_rights_japanese_american.htm
Take a look at the last line in the quote above. How could they do this? That is very important to finding the answer of how the government justified creating Japanese internment camps. As American citizens they should have been protected, they should have had rights, but something happened that allowed for the creation of these camps. Lets take a look at the steps that allowed order for American citizens and Japanese immigrants alike to be removed from their homes and sent to internment camps.
Enemy aliens - 50. U.S.C. 21
The first step in the creation of the camps was to take away the rights of people from Japanese decent. On December 8, 1941, the President issued proclamations declaring all nationals and subjects of the nations with which we were at war - which includes Japan - to be enemy aliens (DeWitt, 1942). As enemy aliens, the US government has the, authority,
“to direct the conduct to be observed on the part of the United States, toward the aliens who become so liable; the manner and degree of the restraint to which they shall be subject and in what cases, and upon what security their residence shall be permitted, and to provide for the removal of those who, not being permitted to reside within the United States, refuse or neglect to depart therefrom; and to establish any other regulations which are found necessary in the premises and for the public safety.” (50. U.S.C. 21, n.d.)
By this decree, the government was allowed to restrict the movement of and remove Japanese Americans to internment camps. Japanese people who were not naturalized citizens (immigrants) were no longer protected by the law despite being loyal the United States. This laid the foundation for the initial removal of some Japanese people living in the designated military zone along the coast (refer to map) (Internment History, n.d.). Japanese-American citizens were not affected by this law, just Japanese immigrants, however rising fear of spies does not allow them to stay safe from persecution for long.
Executive order 9066
Even with the new law and relocation of certain Japanese people, fear of espionage, or spying, continued to grow. President Roosevelt ordered men such as Lt. General John DeWitt to go to California and assess if the suspicion of Japanese spies was real (DeWitt, 1492). Reports came back stating that the threat of spies was real and it was recommended immediate action be taken (Stimson Statements, 1942). In response to this urging and public opinion against the Japanese, President Roosevelt signed Executive Order 9066 on February 19, 1492 (Japanese-American Internment, n.d.).
This order given by President Roosevelt gave the military authority to remove “any or all persons from designated areas, including the California coast” (1942). The word 'Japanese' never appeared in Roosevelt’s executive order, yet from the beginning, Japanese people were intended targets. Unlike 50.USC.21, this order also affected Japanese-American citizens. The order was the final step that ordered the creation of the internment camps and allowed the military to forcibly remove Japanese people from their homes. There were no formal charges against them, and they did not have trials or hearings for their suspected crimes. The military had complete power over deciding who was a threat and sentencing them, without representation or a fair trial, to live in an internment camp (Internment History, n.d.).
This order given by President Roosevelt gave the military authority to remove “any or all persons from designated areas, including the California coast” (1942). The word 'Japanese' never appeared in Roosevelt’s executive order, yet from the beginning, Japanese people were intended targets. Unlike 50.USC.21, this order also affected Japanese-American citizens. The order was the final step that ordered the creation of the internment camps and allowed the military to forcibly remove Japanese people from their homes. There were no formal charges against them, and they did not have trials or hearings for their suspected crimes. The military had complete power over deciding who was a threat and sentencing them, without representation or a fair trial, to live in an internment camp (Internment History, n.d.).
Executive Order No. 9066
The President
Executive Order
Authorizing the Secretary of War to Prescribe Military Areas
Whereas the successful prosecution of the war requires every possible protection against espionage and against sabotage to national-defense material, national-defense premises, and national-defense utilities as defined in Section 4, Act of April 20, 1918, 40 Stat. 533, as amended by the Act of November 30, 1940, 54 Stat. 1220, and the Act of August 21, 1941, 55 Stat. 655 (U.S.C., Title 50, Sec. 104);
Now, therefore, by virtue of the authority vested in me as President of the United States, and Commander in Chief of the Army and Navy, I hereby authorize and direct the Secretary of War, and the Military Commanders whom he may from time to time designate, whenever he or any designated Commander deems such action necessary or desirable, to prescribe military areas in such places and of such extent as he or the appropriate Military Commander may determine, from which any or all persons may be excluded, and with respect to which, the right of any person to enter, remain in, or leave shall be subject to whatever restrictions the Secretary of War or the appropriate Military Commander may impose in his discretion. The Secretary of War is hereby authorized to provide for residents of any such area who are excluded therefrom, such transportation, food, shelter, and other accommodations as may be necessary, in the judgment of the Secretary of War or the said Military Commander, and until other arrangements are made, to accomplish the purpose of this order. The designation of military areas in any region or locality shall supersede designations of prohibited and restricted areas by the Attorney General under the Proclamations of December 7 and 8, 1941, and shall supersede the responsibility and authority of the Attorney General under the said Proclamations in respect of such prohibited and restricted areas.
I hereby further authorize and direct the Secretary of War and the said Military Commanders to take such other steps as he or the appropriate Military Commander may deem advisable to enforce compliance with the restrictions applicable to each Military area hereinabove authorized to be designated, including the use of Federal troops and other Federal Agencies, with authority to accept assistance of state and local agencies.
I hereby further authorize and direct all Executive Departments, independent establishments and other Federal Agencies, to assist the Secretary of War or the said Military Commanders in carrying out this Executive Order, including the furnishing of medical aid, hospitalization, food, clothing, transportation, use of land, shelter, and other supplies, equipment, utilities, facilities, and services.
This order shall not be construed as modifying or limiting in any way the authority heretofore granted under Executive Order No. 8972, dated December 12, 1941, nor shall it be construed as limiting or modifying the duty and responsibility of the Federal Bureau of Investigation, with respect to the investigation of alleged acts of sabotage or the duty and responsibility of the Attorney General and the Department of Justice under the Proclamations of December 7 and 8, 1941, prescribing regulations for the conduct and control of alien enemies, except as such duty and responsibility is superseded by the designation of military areas hereunder.
Franklin D. Roosevelt
The White House,
February 19, 1942.
[F.R. Doc. 42–1563; Filed, February 21, 1942; 12:51 p.m.]
Source: Executive Order No. 9066, February 19, 1942.