University of Cincinnati law students work for Alien Land Laws’ repeal
By Joseph Hong
After uncovering so-called alien land laws that are still on the books in Florida, New Mexico and Wyoming, law students working on the staff of the University of Cincinnati College of Law’s Immigration and Nationality Law Review are trying to persuade legislators in those states to introduce bills to repeal these last vestiges of sanctioned discrimination.
“These laws were designed to prevent Asian Americans from participating in the economy. They were very harsh, sometimes brutally enforced, and sometimes enforced through criminal punishment,” said law professor Jack Chin, who works with the students at Immigration and Nationality Law Review. “They represent an aspect of the ‘bad old days,’ and there’s no reason why they should still be on the books.”
In Florida and New Mexico, the discriminatory laws are written into their constitutions, while Wyoming’s law is contained in the state’s statutes.
Under the alien land law acts, passed from 1913 to the 1930s, immigrants who were ineligible for citizenship could not own land in the states in which the acts were passed. The 1924 Immigration Act not only barred Asians from immigrating to the United States, but also made those of Asian descent already in the United States ineligible for naturalization. Whites and blacks, however, could still become naturalized.
“Alien land laws specifically targeted Asian Americans for discrimination. Mostly Japanese Americans because, with their picture bride practices, they were, for the most part, the only Asian group still able to settle down and purchase land in the United States,” said Marlon Hom, Asian American studies department chair at San Francisco State University. “The Walter-McCarran Act of 1952 gave Asians their right to naturalization again and voided states’ Alien Land Laws.”
When the Immigration and Nationality Law Review staff came across the statutes of Florida, New Mexico and Wyoming, Chin said, the students wanted to do something a little more “hands-on” than an article that would only be read by academic and immigration lawyers.
“I thought it was a good chance to do something concrete to make a difference,” said Elizabeth Mulcahy, editor-in-chief for Immigration and Nationality Law Review. “As law students, so often we’re reading cases from courts that have already been decided. We seldom have the opportunity to change the law.”
The laws could not be used to discriminate against Asian Americans now. Nevertheless, reputing them would be a moral victory, Hom said, adding, “You’re wiping out the shame. By having it there in these states, it’s a constant reminder.”
Staff of the Immigration and Nationality Law Review wrote legal memos to legislators and other influential parties in the states with Alien Land Laws. Soon after, student groups from law schools in the three states began collaborating with the journal’s staff, and together they launched a petition that has amassed signatures from over 100 legal scholars throughout the country, demanding the repeal of these discriminatory acts.
“We explained the history, the purpose, and the background of these laws, and suggested why they were currently inconsistent with the current understanding of the Constitution,” said Chin.
Chin believes these laws are still on the books – not because anyone still wants them there – but because there were so many racially discriminatory provisions in numerous state statute books that it has taken decades to find them, long after they had been declared federally unconstitutional. As examples, Chin cites South Carolina and Alabama, states that repealed their federally unconstitutional laws on interracial marriage just three years ago.
“I can’t believe anyone in the Florida, Wyoming or New Mexico legislature … could have any argument for why these acts should be kept as law,” Chin said. “This isn’t like the confederate flag controversy where on the one hand, you have some people who find it offensive, and some people who felt it was part of their heritage. No one is going to argue that racial discrimination is an important part of a heritage … that has to be preserved.”
Although Wyoming Gov. Jim Geringer responded quickly, indicating his willingness to pursue this issue, Chin said that the state legislators in Florida and New Mexico have not responded yet.
“I think they may feel this is not particularly pressing,” Chin added. “And I think they are wrong … What they don’t realize is if they don’t take action to do something about these laws, they are going to get e-mails from Asian American students and students of color from all over the country. I can promise you this will not go away.” |
