Kanstroom Quoted in Times on Deportation Legal History
10/2/09--Kanstroom's expertise in deportation is quoted in the New York Times feature on Chinese immigration.
NEW YORK TIMES
September 30, 2009
Immigration Stories, From Shadows to Spotlight
By NINA BERNSTEIN
Frail and dignified at 88, the man leaned on his cane and smiled
as the story of his immigration in 1936 flashed behind him on a museum
wall. Like tens of thousands of others who managed to come to the
United States from China during a 60-year period when the law singled
them out for exclusion, the man, Tun Funn Hom, had entered as a ''paper
son,'' with false identity papers that claimed his father was a native
citizen.
For years, it was a shameful family
secret. But Mr. Hom, a New York laundry worker who helped build
battleships in World War II and put three children through college,
outlived the stigma of an earlier era's immigration fraud.
A
narrow legalization program let him reclaim his true name in the 1950s.
His life story is now on permanent display at the Museum of Chinese in
America, which reopened last week at 215 Centre Street. And it
illuminates an almost forgotten chapter in American history, one that
historians say has new relevance in the current crackdown on illegal
immigration.
''When we think about illegal
immigration, we think about Mexican immigrants, whereas in fact illegal
immigration cuts across all immigrant groups,'' said Erika Lee, the
author of ''At America's Gate: Chinese Immigration During the Exclusion
Era, 1882-1943.'' The book traces how today's national apparatus of
immigration restriction was created and shaped by efforts to keep out
Chinese workers and to counter the tactics they developed to overcome
the barriers.
The current parallels are
striking, said Professor Lee, who teaches history at the University of
Minnesota. And though some descendants of paper sons do not make the
connection, many others have become immigrant rights advocates in law,
politics or museums like this one, which hopes to draw a national
audience to its new Chinatown space, designed by Maya Lin.
''In
the Chinese-American community, it has only been very recently that
these types of histories have been made public,'' Professor Lee said.
''Even my own grandparents who came in as paper sons were very, very
reluctant to talk about this.''
For Mr. Hom,
who was a teenager when he arrived to work in his father's laundry on
Bleecker Street, the past is now a blur. ''It was so long ago that I
hardly remember,'' he said, as his wife, Yoke Won Hom, 82, straightened
the lapels of his suit for a photograph.
But
when his memory was still sharp, his daughter Dorothy transcribed 48
pages of his taped recollections, which became the basis of a
four-minute first-person narrative produced by the museum. It is one of
10 such autobiographical videos that form the museum's core exhibit.
''To
get into the U.S. under the laws back then, I had to pretend to be
another person,'' Mr. Hom wrote. His father had bought him immigration
papers that included 32 pages of information he was to memorize in
preparation for hours of interrogation at Ellis Island.
Such
cheat sheets were part of an elaborate, self-perpetuating cycle of
enforcement and evasion, historians say. The authorities kept
ratcheting up their scrutiny and requirements for documents, feeding a
lucrative network of fraud and official corruption as immigrants tried
to show they were either merchants or native-born citizens, groups
exempt from the exclusion laws.
Mr. Hom was
allowed ashore as Hom Ngin Sing, a student and son of a native. In
reality, his father had made it to the United States only about six
years earlier, through a similar subterfuge, like an estimated 90
percent of Chinese immigrants of the period.
Like
many poor families from Taishan, a region that sent many emigrants to
California during the Gold Rush of 1849, the Homs had deep ties to the
United States. Mr. Hom's great-uncle, for example, died in the San
Francisco earthquake of 1906.
But unlike any
other immigrant group, the Chinese were barred from naturalizing. That
bar was part of the Chinese Exclusion Act, which was passed in 1882
after years of escalating anti-Chinese violence in the West spurred by
recessions, labor strife and a culture of white supremacy.
The
law was expanded in 1892 with a measure that required all Chinese to
register with the government and subjected them to deportation unless
they proved legal residency, which required the testimony of at least
one white witness.
In a comment that reflected
the tone in Congress, one senator asserted that the government had the
right ''to set apart for them, as we have for the Indians, a territory
or reservation, where they should not break out to contaminate our
people.''
Lawyers argued that the law was
repugnant to ''the very soul of the Constitution.'' But it was upheld
in a sweeping Supreme Court decision of 1893, Fong Yue Ting v. United
States, which held that the government's power to deport foreigners,
whether here legally or not, was as ''absolute and unqualified'' as the
power to exclude them. That finding reverberates today, said Daniel
Kanstroom, a legal scholar and the author of ''Deportation Nation.''
Long
after exclusion laws were repealed by Congress in 1943, after China
became a World War II ally, that vast power over noncitizens was
deployed in raids against immigrants of various ethnic groups whose
politics were considered suspect.
In the
1950s, Mr. Hom and his relatives, like many Chinese New Yorkers,
suddenly faced the exposure of their false papers in just such an
operation. The government was tipped off by an informer in Hong Kong as
part of a cold war effort to stop illegal immigration.
''We
were very scared,'' said Mrs. Hom, who worked at the family's laundry,
first in the Bronx, then in Bay Ridge, Brooklyn. ''Everybody was very
worried on account maybe they all be sent back to China.''
But
in a government ''confession program,'' Mr. Hom and some of his
relatives admitted their illegal entry; because Mr. Hom had served in
the military, he received citizenship papers within months.
As
someone who never made it to high school, he now beams over his
children's professional successes and his six multiethnic
grandchildren. His son, Tom, is a dentist in Manhattan; his daughter
Mary is a physician in the Syracuse area, and Dorothy, an interior
designer, works with her husband, Michael Strauss, a principal with
Vanguard Construction, which recently completed DBGB Kitchen and Bar,
Daniel Boulud's latest restaurant.
At a time
when debates about immigration often include the claim that ''my
relatives came the legal way,'' referring to a period when there were
few restrictions on any immigrants except the Chinese, the Hom family
has a different perspective.
''One's status
being legal or illegal, it's two seconds apart at any point,'' Dorothy
said. ''For some, the process is more difficult than others.''
Copyright 2009 The New York Times Company
The New York Times
September 30, 2009 Wednesday
Late Edition - Final
SECTION: Section A; Column 0; Metropolitan Desk; Pg. 23
LENGTH: 1124 words
HEADLINE: Immigration Stories, From Shadows to Spotlight
BYLINE: By NINA BERNSTEIN