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Digital History>eXplorations>Japanese American Internment>Redress for Japanese Internees
Redress
for Japanese Internees
U.S. Department of Justice
- Who
is eligible?
- Who
is not eligible?
- Can
the heirs of a deceased eligible receive payment?
- How
will eligibility be verified?
- How
will I know if my eligibility has been verified?
- What
kinds of documents will ORA request and why?
- What
if I have questions or need help?
- How
will I know if ORA has reviewed my documents?
- What
if circumstances change?
- When
can I expect payment?
- Is
there recourse if I am found to be ineligible?
- Should
I mail documents now?
- Is
it too late to contact ORA?
About this section......
Federal
regulations were established by the Department of Justice to fulfill
its responsibilities under the Civil Liberties Act. Prior to their
publication as final regulations, they were published in the Federal
Register for public comment, and based on the comments received,
a number of changes were made. They describe the Department's
interpretation of the Act and its amendments, and they provide
details about how the program operates. What follows is a summary
of these regulations.
Q.
Who is eligible for redress?
A.
All eligibles must be of Japanese ancestry, must have been U.S.
citizens or permanent resident aliens during the internment
period, from December 7, 1941 to June 30, 1946, and must have
been living on August 10, 1988, the date of the Act's enactment.
In 1992, the Act was amended to include as eligible non-Japanese
spouses or parents of an individual of Japanese ancestry who
otherwise satisfied the above threshold requirements.
Beyond
that most, but not all, eligible individuals will fall into
one or more of the following categories.
General
Categories
- Those
who were interned in Relocation Centers.
- Those
who were held in Assembly Centers whether or not they later
went to Relocation Centers.
- Those
who were interned by the Army in Hawaii.
- Those
who were interned by the Department of Justice in any of the
Immigration and Naturalization (INS) Camps.
- Those
who were in a prohibited military zone and who filed Change
of Residence Cards.
- Those
who moved from prohibited zones on or after February 19, 1942
as a result of Federal government action.
- Those
who were born in the interior during the West Coast exclusion
period, from March 19, 1942 to January 20, 1945, to a parent
from the West Coast who had been evacuated from the West Coast
or interned.
- Those
who resided in Arizona and suffered the termination of a significant,
pre-existing relationship as a result of the creation of an
exclusion zone in southern Arizona.
- Those
who were ordered to leave Bainbridge Island or Terminal Island.
- Those
who were in the U.S. Military during the internment period
and never spent time in camps, but lost property as a result
of government action because their homes were in prohibited
zones.
- Those
who were in the U.S. Military and were prohibited by government
regulation from visiting their interned families or were subject
to undue restrictions prior to visits.
- Those
who were born in Assembly Centers, Relocation Centers, or
Internment Camps, including those born to parents from Latin
America who were interned in the United States.
- Those
who were forcibly brought to the United States from Latin
America for internment and later acquired a change in immigration
status to permanent resident, retroactive to the internment
period.
- Those
who spent the internment in institutions, such as sanitariums,
under the administrative authority of the War Relocation Authority.
Special Cases
ORA
knows that some eligible people do not fit any of these categories,
and that historic records may be missing even for some of those
who do fit the categories described above. The regulations permit
"case-by-case" determinations under either set of
circumstances. ORA may ask persons who fit into this special
case category to submit affidavits or other documentation to
help ORA make a decision.
If
you believe that you or someone you know would possibly be a
special case, please write to ORA at the address given below.
Provide a description of the circumstances during the internment
period and any information you feel may be helpful. The most
useful information is name, including maiden or other names
used, if any, current address, date of birth, and Social Security
number.
U.S. Department of Justice
Civil Rights Division
Office of Redress Administration
P.O. Box 66260
Washington, DC 20035-6260
You may also call on 888-219-6900 (toll free), on (202) 219-4710
TDD, or (202) 219-6900 outside the U.S.
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Q.
Who is not eligible for redress?
A.
The Act excluded some people affected during the internment
period from redress. In general, these people will fall into
the following categories:
- Those
who were not U.S. citizens or permanent resident aliens during
the internment period and did not have their status adjusted
retroactively, including those brought from Latin America.
- Adults
who relocated to an enemy country between December 7, 1941
and September 2, 1945. In 1996, the regulations were amended
to make minors who relocated involuntarily with their parents
eligible for redress.
- Those
who moved from the West Coast prior to February 19, 1942 for
their own personal reasons, not in response to government
action.
- Those
who remained in the U.S. Military, but lost no property as
a result of government action, or were allowed to visit their
interned families without undue restrictions.
- Those
who were outside the boundaries of the United States, and
did not or were unable to return during the internment period,
even if their families were evacuated, interned, or relocated.
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Q.
Can the heirs of a deceased eligible receive payment?
A.
In the case of an eligible individual who died on or after August
10, 1988, payment is made only as follows:
(a)
If the eligible individual is survived by a spouse who is living
at the time of payment, payment is made to the surviving spouse.
(b)
If there is no surviving spouse, payment is made in equal shares
to all children of the eligible individual who are living at
the time of payment.
(c)
If there is no surviving spouse and no surviving children, payment
is made in equal shares to the parents of the deceased eligible
individual who are living at the time of payment.
(d)
If there are no surviving spouses, children or parents, the
amount of the payment remains in the Fund.
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Q.
How will my eligibility be verified?
A.
ORA has established an information system that contains all
the data that has been collected since the Office was established.
The ORA computers contain:
HistorReturn to the top of the paeic Information: ORA has obtained
historical records made during the internment period from several
sources, primarily the National Archives. From these records,
we know who was interned, who filed a Change of Residence Card,
and other information that is critical in establishing eligibility.
Current
Information: ORA has also been collecting current information
from federal and state government agencies (such as the Social
Security Administration and state vital statistics bureaus),
and from potential recipients, their friends or families.
During the verification process, ORA will compare current and
historical information. If it is the same, then the preliminary
phase of verification for that person will be complete.
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Q.
How will I know if my eligibility has been verified?
A.
Once ORA has preliminarily verified your eligibility in the
process described above, you will be contacted by letter. The
law states that payment must be made in the order of birth,
beginning with the oldest eligibles. Therefore, ORA will be
contacting eligibles beginning with the oldest living on the
date of enactment of the law on August 10, 1988 (or his or her
statutory heirs: spouse, children or parents) who have been
located by the Administrator by that time.
This
letter will request that you complete a declaration of eligibility
and also submit certain documents to establish your identity.
ORA will attach to the letter an instruction page that lists
specific examples of the finds of records that are acceptable.
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Q.
What kind of documents will ORA request and why?
A.
It is ORA's responsibility to determine eligibility, but after
that, we have to be sure that the check and the Presidential
apology go to the right person at the right address. Additionally,
some people have changed their names, or have a guardian who
takes care of their personal business for them. In these cases,
we have to know what name to put on the check so that it can
be cashed.
In
general, ORA will require everyone to send:
- A
completed Declaration. (ORA will supply the form.)
In
addition, some will be requested to send:
-
Proof of date of birth.
- Proof
of citizenship.
And
every heir must also send:
- Proof
of death of the eligible person.
- Proof
of his/her relationship to the deceased person.
ALL
PHOTOCOPIED DOCUMENTS must either be notarized or contain an
authenticity clause signed under penalty of perjury. Wording
for this authenticity clause will be provided by ORA in the
letter requesting documentation.
ORA
will not return any documents, so do not send anything that
you will need to have back.
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Q.
What if I have questions or need help?
A.
The letter that ORA sends to request documentation will include
instructions. These instructions are specific to your case,
which means that you may be asked to supply slightly different
information than someone else. Return your information in the
pre-addressed envelope that ORA supplies with your letter. This
envelope does not need any postage.
If
you have questions, ORA has a toll free Help Line for calls
within the U.S. that you may call and leave a message. Someone
from ORA will return your call within 5 business days:
ORA Help Line: 888-219-6900 (toll free)
or (202)219-6900 outside the U.S.
or (202) 219-4710 (TDD, telephone device for the deaf)
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Q.
How will I know when ORA has reviewed my documents?
A.
After reviewing your information, ORA will again contact you.
If your information is incomplete, a letter from ORA will explain
what is needed, and again request that you return the information
in the postage-paid, pre-addressed envelope provided. If your
information is complete and ORA has confirmed your identity,
you will receive a letter informing you of this fact. With this
letter you will also receive a change of address form to use
if you move before your payment is mailed to you.
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Q.
What if circumstances change after I have sent my documentation
in to ORA, if I move, or if an eligible individual dies, for instance?
A.
ORA needs to know this type of information as soon as possible.
Please write to us at the address given below if you have new
information, or use the change of address form supplied by ORA
to provide us with your new address if you move. This address
is to be used by those who have already supplied documentation
to ORA at ORA's request, and who want to update that information.
U.S. Department of Justice
Civil Rights Division
Office of Redress Administration (Verification Unit)
P.O. Box 66260
Washington, DC 20035-6260
To expedite handling of information, your correspondence should
include your full name and date of birth, and the "FN"
that appears on the mailing label above your name on correspondence
addressed to you from ORA.
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Q.
When can I expect payment?
A.
Payments began in 1990 and are made on a regular basis every
several months. Payments are made in descending order, beginning
with eligible people in the oldest age group (or their heirs)
whom ORA has located at that time.
When
ORA is ready to pay you, you will receive a letter notifying
you that you are eligible. Shortly thereafter, you will receive
a letter of apology and a U.S. Treasury check for $20,000 or
for your share as an heir.
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Q.
Do I have any recourse if ORA finds that I am ineligible?
A.
Yes. If you are found to be ineligible, ORA will notify you
by letter and will explain the reason for this decision. The
letter will include instructions on what to do if you disagree
with the decision. You will have the right to request reconsideration
of your case within 60 days of receiving the notification. Your
request must be to the Assistant Attorney General for Civil
Rights, and you may submit any documents in support of your
eligibility. Once you file an appeal, ORA relinquishes your
case to the Appellate Section. The Appellate Section will conduct
a de novo review. After your appeal has been reviewed, the Appellate
Section will notify you of its final decision.
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Q.
If I mail documents now, will this help ORA to verify my eligibility?
A.
No. ORA must first determine that you are potentially eligible
using official historical sources. Therefore, do not send us
any proof of identification until you have received a letter
from ORA specifically asking for documentation of your identity.
Remember, any information you send in will not be returned to
you.
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Q.
I have never contacted ORA to provide my current address and information
about myself. Is it too late?
A.
No. ORA is still collecting voluntary information. If you have
not yet provided any information to ORA and would like to do
so, please write to ORA at the address given below. You may
submit any information you feel may be helpful. The most useful
information is name, including maiden or other names used if
any, current address, date of birth, social security number,
and where you were interned or relocated.
U.S. Department of Justice
Civil Rights Division
Office of Redress Administration
P.O. Box 66260
Washington, DC 20035-6260
But
remember that the Redress Program ends on August 10, 1998, and
ORA has no authority to make payments after that date.
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