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''Takao Ozawa v. United States'', 260 U.S. 178 (1922), was a US legal proceeding. The
United States Supreme Court The Supreme Court of the United States (SCOTUS) is the highest court in the federal judiciary of the United States. It has ultimate appellate jurisdiction over all U.S. federal court cases, and over state court cases that involve a point o ...
found Takao Ozawa, a
Japanese American are Americans of Japanese ancestry. Japanese Americans were among the three largest Asian American ethnic communities during the 20th century; but, according to the 2000 census, they have declined in number to constitute the sixth largest Asi ...
who was born in Japan but had lived in the United States for 20 years, ineligible for
naturalization Naturalization (or naturalisation) is the legal act or process by which a non-citizen of a country may acquire citizenship or nationality of that country. It may be done automatically by a statute, i.e., without any effort on the part of the in ...
. In 1914, Ozawa filed for US citizenship under the
Naturalization Act of 1906 The Naturalization Act of 1906 was an act of the United States Congress signed into law by Theodore Roosevelt that revised the Naturalization Act of 1870 and required immigrants to learn English in order to become naturalized citizens. The bil ...
. This act allowed only "free white persons" and "persons of African nativity or persons of African descent" to naturalize. Ozawa did not challenge the constitutionality of the racial restrictions. Instead, he claimed that Japanese people should be properly classified as "free white persons".


Background

Takao Ozawa was born on June 15, 1875 in
Kanagawa is a prefecture of Japan located in the Kantō region of Honshu. Kanagawa Prefecture is the second-most populous prefecture of Japan at 9,221,129 (1 April 2022) and third-densest at . Its geographic area of makes it fifth-smallest. Kanagaw ...
,
Japan Japan ( ja, 日本, or , and formally , ''Nihonkoku'') is an island country in East Asia. It is situated in the northwest Pacific Ocean, and is bordered on the west by the Sea of Japan, while extending from the Sea of Okhotsk in the north ...
. In 1894, he moved to
San Francisco, California San Francisco (; Spanish for " Saint Francis"), officially the City and County of San Francisco, is the commercial, financial, and cultural center of Northern California. The city proper is the fourth most populous in California and 17th ...
, where he attended school. After he graduated from Berkeley High School, Ozawa attended the University of California. In 1906, after graduating, he moved to
Honolulu Honolulu (; ) is the capital and largest city of the U.S. state of Hawaii, which is in the Pacific Ocean. It is an unincorporated county seat of the consolidated City and County of Honolulu, situated along the southeast coast of the island o ...
,
Hawaii Hawaii ( ; haw, Hawaii or ) is a U.S. state, state in the Western United States, Western United States, located in the Pacific Ocean about from the U.S. mainland. It is the only U.S. state outside North America, the only state that is ...
. After settling down in Honolulu, Ozawa learned
English English usually refers to: * English language * English people English may also refer to: Peoples, culture, and language * ''English'', an adjective for something of, from, or related to England ** English national ide ...
fluently, practiced Christianity, and obtained a job at an American company. While in Hawaii, he married a Japanese woman with whom he had two children. Ozawa's wife studied in the United States. His family spoke fluent English and focused on American culture more than they did on Japanese culture. On October 16, 1914, Takao Ozawa decided to apply for citizenship since he had lived in America for 20 years. Despite his US education, Ozawa did not get his citizenship easily. Ozawa tried to petition under the naturalization law, but he was ineligible as he was classified as Japanese.


The courts' reaction

Writing for a unanimous Court, Justice
George Sutherland George Alexander Sutherland (March 25, 1862July 18, 1942) was an English-born American jurist and politician. He served as an associate justice of the U.S. Supreme Court between 1922 and 1938. As a member of the Republican Party, he also rep ...
approved a line that lower court cases held, stating that "the words 'white person was only to indicate a person of what is popularly known as the
Caucasian race The Caucasian race (also Caucasoid or Europid, Europoid) is an obsolete racial classification of human beings based on a now-disproven theory of biological race. The ''Caucasian race'' was historically regarded as a biological taxon which, de ...
." The courts stated that the Japanese were not considered as "free white persons" within the meaning of the law. Justice Sutherland wrote that the lower courts' conclusion that the Japanese were not "free white persons" for purposes of naturalization had “become so well established by judicial and executive concurrence and legislative acquiescence that we should not at this late day feel at liberty to disturb it, in the absence of reasons far more cogent than any that have been suggested." The Court declined to review the ethnological authorities relied on by the lower courts to support their conclusion or those advanced by the parties.


Effects

On the same day, the Supreme Court released its ruling in '' Yamashita v. Hinkle'', which upheld Washington state's
alien land law The California Alien Land Law of 1913 (also known as the Webb–Haney Act) prohibited "aliens ineligible for citizenship" from owning agricultural land or possessing long-term leases over it, but permitted leases lasting up to three years. It affe ...
. Within three months, Justice Sutherland authored a ruling in a Supreme Court case concerning the petition for naturalization of a
Sikh Sikhs ( or ; pa, ਸਿੱਖ, ' ) are people who adhere to Sikhism (Sikhi), a monotheistic religion that originated in the late 15th century in the Punjab region of the Indian subcontinent, based on the revelation of Guru Nanak. The term ...
immigrant from the
Punjab region Punjab (; Punjabi: پنجاب ; ਪੰਜਾਬ ; ; also romanised as ''Panjāb'' or ''Panj-Āb'') is a geopolitical, cultural, and historical region in South Asia, specifically in the northern part of the Indian subcontinent, comprisin ...
in
British India The provinces of India, earlier presidencies of British India and still earlier, presidency towns, were the administrative divisions of British governance on the Indian subcontinent. Collectively, they have been called British India. In one ...
, who identified himself as "a high caste Hindu of full Indian blood" in his petition, ''
United States v. Bhagat Singh Thind ''United States v. Bhagat Singh Thind'', 261 U.S. 204 (1923), was a case in which the Supreme Court of the United States decided that Bhagat Singh Thind, an Indian Sikh man who identified himself as an Aryan, was ineligible for naturalized citizen ...
''. The upshot of this ruling was that, as with the Japanese, "high-caste Hindus, of full Indian blood" were not "free white persons" and were racially ineligible for naturalized citizenship. To support this conclusion, Justice Sutherland reiterated Ozawa's holding that the words "white person" in the naturalization act were "synonymous with the word 'Caucasian' only as that word is popularly understood".


Reaction

Writing in ''
Foreign Affairs ''Foreign Affairs'' is an American magazine of international relations and U.S. foreign policy published by the Council on Foreign Relations, a nonprofit, nonpartisan, membership organization and think tank specializing in U.S. foreign policy a ...
'' in 1923, Leslie Buell, author, editor, and policy researcher said, "The Japanese are now confronted with the unpalatable fact, laid down in unmistakable terms by the highest court in the land, that we consider them unfit to become Americans." Ozawa's case did not depend on "any suggestion of individual unworthiness or racial inferiority". The argument was that if Ozawa was denied citizenship based on his race, did the law consider the Japanese people an inferior race and Caucasians a superior race? Ozawa argued that his skin was the same color, if not whiter than other Caucasians. The case allowed for anti-Japanese proponents to justify the passing of the
Immigration Act of 1924 The Immigration Act of 1924, or Johnson–Reed Act, including the Asian Exclusion Act and National Origins Act (), was a United States federal law that prevented immigration from Asia and set quotas on the number of immigrants from the Eastern ...
, which prohibited the immigration of people from Asia to the United States. Some West Coast newspapers expressed satisfaction with the Ozawa decision, though the Sacramento Bee called for a constitutional amendment “which would confine citizenship by right of birth in this country to those whose parents were themselves eligible to citizenship.”
Japan Japan ( ja, 日本, or , and formally , ''Nihonkoku'') is an island country in East Asia. It is situated in the northwest Pacific Ocean, and is bordered on the west by the Sea of Japan, while extending from the Sea of Okhotsk in the north ...
is a strict ''
jus sanguinis ( , , ; 'right of blood') is a principle of nationality law by which citizenship is determined or acquired by the nationality or ethnicity of one or both parents. Children at birth may be citizens of a particular state if either or both of t ...
'' state as opposed to '' jus soli'' state, meaning that it attributes citizenship by blood and not by location of birth. In practice, it can be by parentage and not by descent.


See also

*
List of United States Supreme Court cases, volume 260 This is a list of cases reported in volume 260 of ''United States Reports'', decided by the Supreme Court of the United States in 1922 and 1923. Justices of the Supreme Court at the time of volume 260 U.S. The Supreme Court is establis ...


References


External links

* *
"Ozawa v. the United States,"
''Densho Encyclopedia'' article {{US14thAmendment Japanese-American history Asian-American issues United States equal protection case law History of civil rights in the United States History of immigration to the United States United States Supreme Court cases United States immigration and naturalization case law 1922 in United States case law United States Supreme Court cases of the Taft Court Race and law in the United States