50 U.S.C. § 4212: Remedies with respect to…

Summary

The Attorney General is asked to review cases where a person who was alive on August 10, 1988, and who had been a U.S. citizen or permanent resident of Japanese ancestry, was convicted for violating Executive Order 9066 (Feb. 19, 1942), the Act approved March 21, 1942 (56 Stat. 173), or any other U.S. order or action that forced evacuation, relocation, or internment based only on Japanese ancestry, because the person refused discriminatory treatment during that evacuation/relocation/internment period. If the Attorney General thinks a conviction should be cleared, the Attorney General is asked to recommend a pardon to the President. The President is then asked to offer pardons to those people, taking into account Congress’s earlier statement.

Title 50, §4212

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(a)Review of convictions

The Attorney General is requested to review any case in which an individual living on August 10, 1988, was, while a United States citizen or permanent resident alien of Japanese ancestry, convicted of a violation of— (1)

(2)the Act entitled “An Act to provide a penalty for violation of restrictions or orders with respect to persons entering, remaining in, leaving, or committing any act in military areas or zones”, approved March 21, 1942 (56 Stat. 173); or

(3)any other Executive order, Presidential proclamation, law of the United States, directive of the Armed Forces of the United States, or other action taken by or on behalf of the United States or its agents, representatives, officers, or employees, respecting the evacuation, relocation, or internment of individuals solely on the basis of Japanese ancestry;

on account of the refusal by such individual, during the evacuation, relocation, and internment period, to accept treatment which discriminated against the individual on the basis of the individual’s Japanese ancestry.

(b)Recommendations for pardons

Based upon any review under subsection (a), the Attorney General is requested to recommend to the President for pardon consideration those convictions which the Attorney General considers appropriate.

(c)Action by the President

In consideration of the statement of the Congress set forth in section 4202(a) of this title, the President is requested to offer pardons to any individuals recommended by the Attorney General under subsection (b).

Notes & Related Subsidiaries

Editorial Notes

References in Text

Executive Order Numbered 9066, dated

February 19, 1942, referred to in subsec. (a)(1), is not classified to the Code. The Act entitled “An Act to provide a penalty for violation of restrictions or orders with respect to persons entering, remaining in, leaving, or committing any act in military areas or zones”, approved

March 21, 1942 (56 Stat. 173), referred to in subsec. (a)(2), is act Mar. 21, 1942, ch. 191, 56 Stat. 173, which was classified to section 97a of former Title 18, Criminal Code and Criminal Procedure, and was repealed by act of

June 25, 1948, ch. 645, § 21, 62 Stat. 868 and reenacted as section 1383 of Title 18, Crimes and Criminal Procedure. Section 1383 of Title 18 was repealed by Pub. L. 94–412, title V, § 501(e), Sept. 14, 1976, 90 Stat. 1258. Codification Section was formerly classified to section 1989b–1 of the former Appendix to this title prior to editorial reclassification and renumbering as this section.

§4212 Remedies with Respect to Criminal Convictions

Summary

Title 50, §4212

Notes & Related Subsidiaries

Editorial Notes

References in Text

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