United States v. Bhagat Singh Thind

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United States v. Bhagat Singh Thind
Seal of the United States Supreme Court.svg
Argued January 11–12, 1923
Decided February 19, 1923
Full case name United States v. Bhagat Singh Thind
Citations 261 U.S. 204 (more)
43 S. Ct. 338; 67 L. Ed. 616; 1923 U.S. LEXIS 2544
Prior history Certificate from the Circuit Court of Appeals for the Ninth Circuit
Holding
People of Indian descent are not white, and hence are not eligible for naturalization.
Court membership
Case opinions
Majority Sutherland, joined by unanimous

United States v. Bhagat Singh Thind, 261 U.S. 204 (1923), was a case in which the United States Supreme Court unanimously decided that Bhagat Singh Thind, an Indian Sikh man who identified himself as a "high caste Hindu, of full Indian blood," was racially ineligible for naturalized citizenship in the United States. In 1919, Thind filed a petition for naturalization under the Naturalization Act of 1906 which allowed only "free white persons" and "aliens of African nativity and persons of African descent" to become United States citizens by naturalization. After his petition was granted, Government attorneys initiated a proceeding to cancel Thind’s naturalization and a trial followed in which the Government presented evidence of Thind’s political activities as a founding member of the [Ghadr Party], a violent Indian independence movement headquartered in San Francisco.[1] Thind did not challenge the constitutionality of the racial restrictions. Instead, he attempted to have "high-caste Hindus" classified as "free white persons" within the meaning of the naturalization act.

Thind argued that as a "high-caste Hindu, of full Indian blood" he was "Aryan" and therefore "Caucasian". Because high-caste Hindus shared a biological ancestor with Europeans, he claimed, they were "free white persons" qualified for naturalization under the United States naturalization act. Thind's lawyers argued that Thind had a revulsion to marrying an Indian woman of the "lower races" when they said, "The high-caste Hindu regards the aboriginal Indian Mongoloid in the same manner as the American regards the Negro, speaking from a matrimonial standpoint."[2]

The bench[edit]

Opinion[edit]

Associate Justice George Sutherland found that, while Thind, an Asian Indian, may claim to have "purity of Aryan blood" due to being "born in Village Taragarh Talawa near Jandiala Guru, Amritsar, Punjab" and having "high caste" status; he was not Caucasian in the "common understanding", so he could not be included in the "statutory category as white persons".[3] The Court reiterated its holding in [Ozawa v. United States], explaining that the words “free white person” in the naturalization act were “synonymous with the word ‘Caucasian’ only as that word is popularly understood,” pointing out that the statutory language was to be interpreted as “words of common speech and not of scientific origin, . . . written in the common speech, for common understanding, by unscientific men.” Justice Sutherland wrote in his summary: [3]

Ironically, the 1910 Encyclopedia Britannica entry on “Hinduism” that Justice Sutherland cites as his sole source for this history actually contradicts his conclusion about the Aryan invaders of Thind’s birthplace in the Punjab and explicitly refers to the Aryan invaders of India as part of “the white race.”[4] The Court nonetheless also concluded that "the term 'Aryan' has to do with linguistic, and not necessarily with physical characteristics, and it would seem quite reasonable that mere resemblance in language, indicating a common linguistic root buried in remotely ancient soil, is altogether inadequate to prove common racial origin." According to the Court, "the Aryan theory, as a racial basis, seems to be discredited by most, if not all, modern writers on the subject of ethnology," and it noted that "the Caucasic division of the human family is 'in point of fact the most debatable field in the whole range of anthropological studies.'"

In conclusion, the Court also noted that "Congress, by the Act of February 5, 1917, 39 Stat. 874, c. 29, § 3, has now excluded from admission into this country all natives of Asia within designated limits of latitude and longitude, including the whole of India," suggesting its intention that natives of India also be excluded from eligibility for naturalized citizenship.

Background[edit]

Not only were new applicants from India denied the privilege of naturalization, but the new racial classification suggested that the retroactive revocation of naturalization certificates granted to Asian Indians, of which there were many, might be supported by the Court's decision, a point that some courts upheld when United States attorneys petitioned to cancel the naturalization certificates previously granted to many Asian Indians. Some of the consequences of revoked naturalized status are illustrated by the example of some Asian Indian land owners living in California who found themselves under the jurisdiction of the California Alien Land Law of 1913. Specifically, Attorney General Ulysses S. Webb was very active in revoking Indian land purchases; in a bid to strengthen the Asiatic Exclusion League, he promised to prevent Indians from buying or leasing land. Under intense pressure, and with Immigration Act of 1917 preventing fresh immigration to strengthen the fledgling Indian-American community, many Indians left the United States, leaving only half their original American population, 2,405, by 1940.

Aftermath[edit]

As a result of a U.S. Supreme Court decision finding that no person of Indian origin could become a naturalized American, the first person from the Indian subcontinent to become an American citizen, A.K. Mozumdar, had his citizenship revoked. A decision on his appeal to the Ninth Circuit Court of Appeals upheld that revocation.

Thind petitioned for naturalization a third time in 1935 after Congress passed the Nye-Lea Act, which made World War I veterans eligible for naturalization regardless of race, and based on his status as a veteran of the United States military during World War I he was finally granted United States citizenship nearly two decades after he first petitioned for naturalization.[5] Numerous instances also exist of naïve clerks, or clerks acting in protest, granting citizenship to Asian Indian and other Asian immigrants in defiance of the Supreme Court[citation needed].

As public support for Asian Indians grew throughout World War II[citation needed], and as India's independence came closer to reality, Indians argued for an end to their legislative discrimination. The repeal of Chinese exclusion laws in 1943 and the granting of naturalization privileges to Chinese encouraged Asian Indians to hope for similar gains. Hurdling over many members of Congress and the American Federation of Labor, which vehemently opposed removing legislative measures barricading Indian immigration and naturalization, the Asian Indian community finally succeeded in gaining support among several prominent congressmen, as well as President Franklin D. Roosevelt. The support culminated in the signing into law by President Truman on July 2, 1946, of the Luce-Celler Act. This Act reversed the Thind decision by explicitly extending racial eligibility for naturalization to natives of India, and set a token quota for their immigration at 100 per year.

In 1965, President Lyndon Johnson signed the Hart-Celler Immigration Act, which phased out the national origins quota system first instituted in 1921. In 1965–1970, 27,859 Indian immigrants entered the United States. Immigration from India in 1965–1993 was 558,980.[citation needed]

See also[edit]

References[edit]

  1. ^ Coulson, Doug (2015). "British Imperialism, the Indian Independence Movement, and the Racial Eligibility Provisions of the Naturalization Act: United States v. Thind Revisited". Georgetown Journal of Law & Modern Critical Race Perspectives 7: 1–42. Retrieved 15 June 2015. 
  2. ^ Bigsby, C. (2006). The Cambridge companion to modern American culture. Cambridge: Cambridge University Press. ISBN 978-0-521-84132-0
  3. ^ a b c United States v. Bhagat Singh Thind, Certificate From The Circuit Court Of Appeals For The Ninth Circuit., No. 202. Argued January 11, 12, 1923.—Decided February 19, 1923, United States Reports, v. 261, The Supreme Court, October Term, 1922, 204–215.
  4. ^ Coulson, Doug (2015). "British Imperialism, the Indian Independence Movement, and the Racial Eligibility Provisions of the Naturalization Act: United States v. Thind Revisited". Georgetown Journal of Law & Modern Critical Race Perspectives 7: 1–42. Retrieved 15 June 2015. 
  5. ^ Coulson, Doug (2015). "British Imperialism, the Indian Independence Movement, and the Racial Eligibility Provisions of the Naturalization Act: United States v. Thind Revisited". Georgetown Journal of Law & Modern Critical Race Perspectives 7: 1–42. Retrieved 15 June 2015. 

External links[edit]