[On December 14th, 1950, the United Nations adopted its Statute on the UN High Commissioner for Refugees. So for the 75th anniversary of that important moment, this week I’ll AmericanStudy the UNHCR and other refugee stories, leading up to a weekend post on that fraught and crucial issue in 2025.]
On two
federal actions that reflect the worst and best of our reactions to WWII
refugees, and why we have to engage with precisely that duality.
In recent
years, the story of the German
ocean liner St. Louis and its ill-fated May 1939 attempt to help nearly
1000 Jewish refugees escape the deepening Holocaust has become more familiar to
American audiences. As is too often the case, it has been a significantly over-simplified
version of that history which has achieved that level of collective awareness,
one for example that leaves out the ship’s
original destination of and extended
attempt to unload passengers in Havana, Cuba entirely. But nevertheless,
one essential series of interconnected facts about the St. Louis that
has been accurately highlighted is this: the U.S. government had the
opportunity to welcome the refugees once they had been denied entry to Cuba and
the ship sailed to Miami; the Roosevelt administration chose not to allow any
of them to enter the U.S., due at least in part to blatant
anti-semitism; and after they returned to Europe, more than 250 of
the passengers ended up dying in the Holocaust. That’s a painful and shameful
story for all concerned, including without question the United States.
As the war
continued to unfold, the U.S. government took small but meaningful steps to
revise a different such shameful history. There’s no topic from American
history about which I’ve
written and talked more
than the Chinese Exclusion era; while my work has focused on the last couple
decades of the 19th century, those exclusionary laws and policies toward
both Chinese immigrants and Chinese Americans also continued throughout the
first few decades of the 20th. Indeed, the first federal law of any
kind that began to change that exclusionary trend was the Magnuson
Act of 1943, also known as the Chinese Exclusion Repeal Act. Proposed by
Washington Representative (soon-to-be Senator) Warren G.
Magnuson, this law both permitted some Chinese immigration to the U.S. and allowed
some Chinese Americans to naturalized citizens. Both of those provisions were directly
related to China’s newfound status as a wartime
ally of the United States, in direct opposition to the unfolding war with
Japan that had begun after Pearl Harbor and was at its height in December 1943
when Roosevelt signed the Magnuson Act into law.
Wartime
alliances and adversaries are a straightforward, and not at all inaccurate, way
to link these two World War II-era histories. Not only to differentiate two
communities (Jewish Europeans and the Chinese), but also and even more
relevantly because in 1939 the U.S. was not at war with any nation, and so the St.
Louis decision can’t be separated from the official
policy of neutrality in that moment. But even when we include those
necessary (if still complicated) contexts in the mix, these two federal actions
(or rather inaction and action respectively) nonetheless help us make a very clear
and very crucial point, one I’ve tried to make for at least the 13 years since
my Chinese Exclusion Act book: immigration laws and policies are incredibly haphazard,
targeting
communities and nations based on specific prejudices, shifting
toward those same communities based on other practicalities or trends, finding
new targets in new eras with no
apparent lessons learned from the prior experiences, and so on. Anyone who
seeks to make the case for immigration restrictions or exclusions based on
concepts like “fairness” or “the rules” needs to engage with just how absent
those concepts have been from the entire history of these laws and debates, as
illustrated concisely by these WWII moments.
Next story
tomorrow,
Ben
PS. What
do you think?
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