Ozawa and Thind PDF

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AAS 347 Hutch on Ozawa and Thind...

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Ozawa v. US (1922) ➢ Takao Ozawa ○ Born in japan 1875, 1894 move to hawaii then california ○ Graduate at UC BERKELEY ○ Assimilated to american culture = White ○ Residency 1906 Naturalization (adapted from 1790) fulfilled ○ Skin color = light ■ Relationship is that skin color and race DO NOT CORRELATE WITH EACH OTHER ○ Qualified for citizenship? ➢ Ozawa v. US ○ 1914 → applied for citizenship, US DISTRICT ATTORNEY of hawaii denied ○ Due to naturalization laws and “non-White” ○ Naturalization act of 1906 → “free white persons” and those of African desecent/nativity ○ Majority Opinion Justice George Sutherland ■ Color test not clear-cut, but “clearly of a race which is not Caucasian” ■ Person known as Caucasian race ■ Skin color does not correlate well with race ➢ Acceptance of Scientific Evidence ○ Scientists failing to establish physical criteria could be used to define racial lines ○ No distinct divisions, just gradual differences HOWEVER Ozawa was Jap and science defined as Mongolian ○ Court continued to rely on Science ➢ Impact of case ○ Japanese immigrants were farmers ○ 1913 and 1920 California Alien Land Law (Webb-Haney Act) ○ Prohibited aliens ineligible for citizenship from owning agricultural land or possessing long term leases ○ White = Caucasian ➢ 1942 Legacy of Ozawa ○ Alien registration in 1942 ○ Internment camp era ○ 1952: removal of racial restrictions on Naturalization statute ○ Asians still viewed as foreigners US V. Thind ➢ Bhagat Singh Thind ○ Born in indian 1892 ○ Went to america for higher education ○ As surgeon, served in World War I ■ Honorably discharged in 1918 ○ Granted citizenship then rescinded in 4 days (all in 1918)

➢ Thind’s Reasoning for Naturalization ○ 1. Ozawa v. US = Caucasian = white ○ 2. 4 lower courts that showed that Asian Indians were and are white ○ 3. Served in US army for 6 months 1986 naturalization act -- Congress decision to give citizenships for those who work for at least 3 years ➢ Question: Is a high-caste Hindu of full Indian blood, born at Amrit Sar, Punjab, India, a white person? ○ 2 assertions ■ Asian Indians are Caucasian ■ Caucasians are White persons ● Caucasians do not automatically = White people ➢ Rejection of Scientific Evidence ○ Resemblance in language does not prove common racial origin ■ History witnessed adoption of English tongue by millions of blacks ■ Word “Caucasian” is conventional term ○ Caucasians are classified upon ground of Caucasic cast of features ➢ Majority Opinion: Justice George Sutherland ○ Average well informed white American would learn with some degree of astonishment that the ract to which he belongs is made up of such heterogeneous elements” ○ Caucasian does not mean White ○ Popular belief ➢ Impact of Case ○ Many lost citizenships (65 denaturalized 1923-1927) ○ One committed suicide ○ Most Americans agreed with decision: antipathy toward foreigners, particularly non-White ○ San Fran Hindus are degraded Comparison between both cases ➢ Ozawa case -- Japanese ppl not white through scientific evidence ○ Caucasian means white ➢ Thind case -- Asian Indians not white through common knowledge ○ Caucasian does not mean white, but popularly understood Both cases only few months apart but same justice...