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Sylvia’s father, Gonzalo Mendez, immigrated to Westminster, California, from Chihuahua, Mexico, in 1919. His family started a farm when Gonzalo was seven years old. While he originally attended Hoover School, he later transferred to Westminster School due to his academic excellence—an exception, not the rule (“Unveiling Justice: The Mendez Family’s Fight for Education Equality and Lasting Legacy.” National Parks Service, U.S. Department of the Interior, 2023). However, he later dropped out due to economic straits. Gonzalo’s sister, Soledad, married a Mexican-French man named Frank Vidaurri and had two daughters, Sylvia’s cousins.
Sylvia’s mother, Felicitas Gomez Martinez, came with her family to Arizona from Puerto Rico in 1926 as cotton-pickers (she was 10 years old at the time). They were discriminated against because of their darker skin tone and suffered “harsh working conditions” (“Unveiling Justice”), resulting in their move to California. She married Gonzalo in 1935.
Afterward, the couple moved to Santa Ana, California, opened a restaurant, and had three children: Sylvia, Gonzalo, Jr., and Jerome. Gonzalo, Sr. was also naturalized as a US citizen. The family would later have two more children after the Mendez, et al. v. Westminster School District of Orange County, et al. case.
During World War II, after the Munemitsus were forced to relocate to Poston, Arizona, Mr. Monroe—who knew both the Munemitsus and the Mendezes—arranged the rental agreement. The Mendezes “created some of [their] most treasured memories there” in Westminster (“Unveiling Justice”). It was during this time that Sylvia and her brothers were denied enrollment at Westminster School (ironically, the same one Gonzalo, Sr. once attended).
After their victory, Sylvia briefly attended Westminster School before graduating from Santa Ana High School in 1955 and Orange Coast Community College with an associate’s degree in nursing. She earned her bachelor’s degree at California State University at Los Angeles and in 2012 was awarded an Honorary Degree of Doctor of Human Letters from Brooklyn College of the City University of New York (“Sylvia Mendez Biography.” The School District of Palm Beach County, 2022). Sylvia worked as a nurse for 33 years and has two daughters and four grandchildren. After retiring, she has traveled to all seven continents, and educates others about the Mendez case as a promise to her late mother (“Sylvia Mendez Biography”). (Gonzalo, Sr. died in 1964, a decade after Brown v. Board of Education; Felicitas died in 1998.) Sylvia received the Presidential Medal of Freedom on February 15, 2011, from then-President Barack Obama (“Unveiling Justice”).
Japanese farm laborers first came to the United States in the 1860s, following the racially discriminatory Chinese Exclusion Act of 1882, which prohibited Chinese immigrants to the United States and the migration of Chinese Americans and refused them citizenship) (“Movement and Migration of the Munemitsu Family.” National Parks Service, 2023). The first Japanese immigrants, the Issei (“first generation”), also “experienced anti-Asian prejudices and discrimination [that] prevented Japanese immigrants from becoming US naturalized citizens or property owners” (“Movement and Migration”). This was further exacerbated by the California Alien Land Law of 1913, which prohibited Issei “from owning in their name” (“Movement and Migration”), forcing them to purchase property in their children’s names (the Nisei, or “second generation,” were American citizens by birth). Then, the Immigration Act of 1924 refused entry to any new Japanese immigrants (“Movement and Migration”).
Akiko (Aki) Munemitsu’s parents and grandparents were Issei, hailing from Kochi-ken, Shikoku, Japan (Munemitsu, Janice. “Munemitsu Farms.” Walk the Farm), “not far” from Hiroshima. Seima Munemitsu, Aki’s father, married Masako Morioka in 1921. Seiko Lincoln “Tad” Munemitsu, Aki’s oldest brother, was born in 1923, later followed by another brother, Saylo. The family farm in California was owned under Seiko’s name, due to land and citizenship laws (“Munemitsu Farms”). Along with their sons, the Munemitsus had two other Nisei children, Aki and Kazuko (Kazi), twin daughters (“Movement and Migration”). Seiko often acted as an interpreter for his father. Aki and Kazi both attended Westminster School; although they weren’t refused admission like Sylvia, they still experienced bullying and slurs, along with other racial discrimination (“Movement and Migration”).
During the incarceration of Japanese families during World War II, Seima was held in the Department of Justice’s Lordsburg, New Mexico, detention facility for two and a half years; the rest of the family was sent to Poston. Seiko did indeed suffer childhood polio, leaving him with a club foot and precluding him from military service (“Munemitsu Farms”). Seima “still believed in the American dream” despite his incarceration; afterward, “he wanted to help other families save money and start over” (136). After World War II, the Munemitsus returned to farming, sharing their land with the Mendezes and working for them during the transition year until the lease ended and the Mendezes left Westminster (Munemitsu, Janice, and Sylvia Mendez, The Kindness of Color: The Story of Two Families and Mendez, et al. v. Westminster, the 1947 Desegregation of California Public Schools, Janice Munemitsu, 2021, p. 92). The Munemitsus stayed in Orange County until 1974, when they moved to San Diego and Fresno (“Munemitsu Farms”).
Aki and Sylvia remained friends in adulthood, and Seiko’s daughter Janice later wrote a book about their intertwined family stories called The Kindness of Color (2021). Janice hopes that those who learn the story “will be inspired by the way different racial/ethnic groups worked together decades ago” (Yamamoto, J.K. “A True Story of Families Fighting Racism.” The Rafu Shimpo, 2022), including Mexican and Japanese Americans, white and Jewish Americans, Black Americans, and even Indigenous people, all united against racism (Yamamoto). (Poston was built on Indigenous land, and the Hopi later survived relocation because of the Poston farms [Munemitsu and Mendez 79-80].)
While Sylvia & Aki highlights the legal case and some of the Poston experience through the lens of these two girls, it excludes some of their family stories in favor of their friendship. In this way, Winifred Conkling maintains the theme of inter-ethnic unity while taking creative liberties with history.
Twenty-two years before the Supreme Court case Plessy v. Ferguson (1896) legalized segregation nationwide, the California Supreme Court legalized “‘separate but equal’ schools for [B]lack students” (“BRIA 23 2 C Mendez v Westminster: Paving the Way to School Desegregation.” Constitutional Rights Foundation, 2023). Initially abolished in 1880 because the small number of Black students in the state made the system unfeasible, it was brought back in 1885 when violence and discrimination against Chinese immigrants in California resulted in segregated schools for Chinese children. These would also vanish by the 1930s when national immigration laws barred new Chinese immigrants from entering the United States. Similar school segregation attempts were also made when Japanese immigrants arrived in the United States, but combined protests from both Japanese families and the Japanese government ended this movement. Indigenous children were placed in Indigenous day and boarding schools beginning in the 1870s, though these were mostly federal institutions and had their own devastating effects on those populations. Segregation for Indigenous children ended in California in 1935 (“BRIA”).
Latinx children, however, were a unique case in California. Due to the Treaty of Guadalupe Hidalgo (1848), “Mexican-Americans were categorized as White” (“1946: Mendez v. Westminster.” Library of Congress) and avoided much of the early segregation debates that affected other ethnic minorities. However, as more Latinx immigrants and migrant workers arrived in California after 1900, white parents again demanded school segregation. School districts (and later swimming pools, movie theaters, restaurants, etc.) began segregating Latinx populations in the 1910s and 1920s, even if these communities were American citizens. By 1931, 85% of schools were segregated under a “separate but unequal” system (“BRIA”). Reasons provided for this segregation included a supposedly necessary “Americanization” system but really stemmed from prejudice and discrimination. While one school district eventually desegregated after a lawsuit in 1931, no other school district followed suit; instead, in 1935, Latinx students were legally categorized as “Indians,” which perpetuated previous segregation legislature, even though actual Indigenous populations were excluded from this new law, indicating that Latinx communities were the true target (“BRIA”).
By the time the Mendezes moved to Westminster, California, in the 1940s, the Latinx segregation system was solidly in place, to the point that Sylvia’s cousins, the Vidaurris, could be enrolled at Westminster School (officially known as Seventeenth Street School) because of their paler skin tone and “non-Mexican” surname, while Sylvia and her siblings were turned away for the opposite. The second-class Hoover School was “‘a terrible little shack’ that had no playground and was next to a cow pasture with an electrified fence” (“BRIA”). As in the book, Gonzalo and Felicitas Mendez made several attempts to oppose this segregation before the lawsuit but were ignored. Felicitas did run the farm while Gonzalo focused on the lawsuit, thereby securing funds needed for the legal battle; she “also organized many committees, such as the Asociación de Padres de Niños México-Americanos, to support the case” (“Unveiling Justice”). Mr. Rivera did connect Gonzalo with the Jewish American lawyer David Marcus who would represent them in the lawsuit. By the time the case formally went to court, the plaintiffs were the Mendezes and four other families (Thomas Estrada, William Guzman, Frank Palomino, and Lorenzo Ramirez) on behalf of around 5,000 Latinx children, while the defendants were Westminster and three other school districts (Westminster, Santa Ana, Garden Grove, and El Modena) (“Unveiling Justice”).
Marcus was the first lawyer in federal court to argue “that segregating K-12 students based on their nationality or ethnic background violated the 14th Amendment of the U.S. Constitution,” based on the equal protection clause (“BRIA”). He also was the first to use sociological and educational evidence that segregation based on ethnicity harmed the segregated and actually prevented the so-called “Americanization” that segregation was supposed to encourage. Most significantly, Latinx students, including the Mendezes, expressed in English how such segregation and second-class education made them feel (“BRIA”). While the school districts argued that segregation was necessary and that the schools were “separate but equal,” the presiding judge ruled in favor of the plaintiffs, “stating that segregating children of Mexican ancestry ‘suggests inferiority among them where none exists’” (“BRIA”), and ordered the school districts to cease such “discriminatory practices” (“BRIA”). However, he did not provide a ruling on the “separate but equal” issue.
The school districts appealed this decision to the US Ninth Circuit Court. However, Marcus received amicus briefs from several organizations in support of his plaintiffs, including the American Civil Liberties Union, American Jewish Congress, Japanese American Citizens League, National Lawyers Guild, the Attorney General of California, and Thurgood Marshall of the National Association for the Advancement of Colored People (NAACP) (“BRIA”). The Ninth Circuit Court gave its final ruling in support of Mendez, et al. on April 14, 1947 (Munemitsu and Mendez 76). In June 1947, California Governor Earl Warren made school segregation illegal in California, ending almost a century of educational inequality. Warren would later serve as US Supreme Court chief justice in the Brown v. Board of Education case that unanimously deemed school segregation illegal nationwide (“BRIA”).
In 1998, a Westminster district school was named after Gonzalo and Felicitas in their honor; another was later named after Sylvia (“Who Is Sylvia Mendez?—Separate Is Never Equal.” Sylvia Mendez Elementary). In 2007, the United States Postal Service issued a stamp to honor the sixtieth anniversary of the case. In 2011, Sylvia was awarded the Presidential Medal of Freedom (“Unveiling Justice”).
On December 7, 1941, Japanese aircraft attacked Pearl Harbor. The “surprise” attack was due in large part to US military negligence but Japanese Americans were scapegoated in the aftermath waves of anti-Japanese sentiment (Reeves, Richard, Infamy: The Shocking Story of the Japanese American Internment in World War II, 1st ed., Picador, p. 23, 2016). Although several military officers opposed the decision, they were in the minority and were overruled; in 1942, President Franklin D. Roosevelt signed into law Executive Order 9066, “which directed the War Department to create ‘military areas’ that anyone could be excluded from for essentially any reason” (“Japanese American Incarceration.” The National WWII Museum: New Orleans). These ‘military areas’ applied mainly to the West Coast states—that is, California, Oregon, and Washington. Although there was no proof that any of these people were in any way disloyal or spies, over 120,000 Japanese Americans (at least two-thirds of which were born US citizens) were forcibly removed from their homes to various incarceration camps, “often in remote and desolate locales” (“Japanese-American Incarceration During World War II.” National Archives and Records Administration, 2022). They had roughly 48 hours to pack their things—only what they could carry—and make arrangements for the property, homes, and possessions they had to leave behind; many sold their belongings at ridiculously undervalued prices. The Munemitsus were very lucky in this regard—for many, “their homes, farms, businesses, and most of their private belongings were lost forever” (“Japanese-American Incarceration During World War II”), and they had no way to appeal this loss. Like Aki’s family, many Japanese Americans also had to get rid of or destroy heirlooms or Japanese language possessions—even translated Bibles—for fear of being viewed as seditious or suspicious (Reeves 7). Community leaders were often taken first and arrested under the guise of “Suspect Enemy Aliens” (Reeves 3). During transport to the camps, families were given numbered tags to identify themselves and their belongings; family members in the hospital were refused recovery time before incarceration, and at least one person died as a result of this (Reeves 47-48). Train window shades were drawn to avoid publicity and knowledge of their geographic location (Reeves 102).
Arrival at the camps was not much better. Some sites were converted racetracks, in which internees had to live in horse stalls (Reeves 83); at others, “four or five families […] shared tar-papered army-style barracks” (“Japanese-American Incarceration During World War II”). At several locations, families had to finish construction themselves, out of scavenged materials like wood and hay (Reeves 84); “[f]ood shortages and substandard sanitation were prevalent in these facilities” (History.com Editors, “Japanese Internment Camps: WWII, Life & Conditions.” History, 2021). The camps were surrounded by barbed wire and military guards; although these were ostensibly for the internees’ protection, one observed, “If we were put there for our protection, why were the guns at the guard towers pointed inward, instead of outward?” (“Japanese-American Incarceration During World War II”). Although Japanese Americans did their best to improve their lives as best they could—working for little pay, creating furniture, community events, and gardens where they could—by and large, these conditions lasted for the duration of the war. In addition, two of these camps, including Poston, “were located on Native American reservations, despite the protests of tribal councils, who were overruled by the Bureau of Indian Affairs” (History.com).
Smaller populations of Japanese Americans in other areas of the country, however, were not incarcerated but faced anti-Japanese prejudice and discrimination (George, Alice. “Eighty Years After the U.S. Incarcerated 120,000 Japanese Americans, Trauma and Scars Still Remain.” Smithsonian Magazine, 2022). The vast majority of Italian and German citizens were not incarcerated out of fear that doing so would decimate US military forces; ironically, though many Japanese Americans were loyal to the US and wanted to enlist, they were denied (Reeves 176).
Eventually, Japanese Americans were allowed to leave the camps, but only on certain conditions: They could leave for work or school but could not return to the Pacific Coast. To leave, they had to complete “a loyalty test [the Leave Clearance Application], in which they were asked to reject allegiance to the Japanese emperor and assert whether they were willing to serve in the US military” (“Japanese American Incarceration”), also known as questions 27 and 28. Many incarcerated Japanese Americans—especially those who were American citizens, the Nisei—were offended at the implied loyalty to the Japanese emperor (“Japanese American Incarceration”), while the Issei—who were denied American citizenship by law—feared becoming stateless if they renounced their Japanese citizenship (Reeves 159). Those who answered “no” to both questions—called the “No-no Boys”—were deemed “disloyal” and sent to the incarceration camp at Tule Lake, California (“Japanese American Incarceration”). Although their responses are unknown, Aki’s brothers, Seiko and Saylo, were allowed to leave—Seiko to Denver for work and Saylo to school, where he would become a doctor (Munemitsu and Mendez 67). Of those who were allowed to leave the incarceration camps, some were eventually allowed to join the military. Those who were fluent in Japanese were sent as translators and spies to the Pacific Theater to rescue civilians and convince the opposing Japanese combat forces to surrender (Reeves 148-49). Others would form the heroic 442nd Regiment and 100th Infantry Battalion, who were sent to the European Theater and were later awarded the highest ratio of Purple Hearts (Reeves 249) but “suffered a casualty rate of 300% (George). US Senator Daniel Inouye served in the 442nd Regiment and lost a limb in combat. Despite their sacrifices, however, veterans of the 442nd and 100th still faced discrimination upon returning to the U.S. (“Japanese-American Internment.” Harry S. Truman Library & Museum).
Meanwhile, life continued to be difficult for those remaining in the camps. During a forced night march from a train station to the incarceration camp at Lordsburg, New Mexico, where Aki’s father was sent, two elderly and disabled Japanese American men struggling to walk were shot and killed by a sentry; the sentry was deemed not guilty in the subsequent court-martial (History.com). Riots and protests would also occur at other incarceration camps, often over injustices such as other shootings/assaults or food shortages (History.com). Tensions also rose in Tule Lake between communities with opposing viewpoints toward American loyalty, especially after questions 27 and 28 resulted in an influx of “disloyal” internees to an already overcrowded camp (Reeves 181).
Although cooperating with the forced incarceration was the Japanese Americans’ way of “quiet resistance” (Munemitsu and Mendez 56)—proving their loyalty through cooperation—there were others who, like the Mendezes, attempted legal action. Fred Korematsu attempted to refuse the incarceration order; his case, Korematsu v. United States, made it to the Supreme Court. Though he ultimately failed in his argument, he would become an important civil rights activist later in life. Gordon Hirabayashi tried to refuse an imposed curfew and the incarceration order; his case, Hirabayashi v. United States, also failed to achieve his goal. Mitsuye Endo, however, was a proven loyal citizen before the incarceration order; her case, Ex Parte Endo, successfully opposed incarceration via a habeas corpus petition and helped lead to the closing of the incarceration camps (Reeves 234).
On June 25, 1946, President Harry Truman finally signed Executive Order 9742, which ended the incarceration camps and allowed Japanese Americans to return home. However, this did not fully solve the problems created by the controversial Executive Order 9066. Although President Ronald Reagan signed into law the Civil Liberties Act of 1988, “acknowledged the injustice of ‘internment,’ apologized for it, and provided a $20,000 cash payment to each person who was incarcerated” (“Japanese-American Incarceration During World War II”), the incarceration camps remain a shameful part of US history. The Issei and Nisei internees also bear the burden of this trauma; whether or not they were able to discuss it with their families or descendants, the experience remains with them. Janice Munemitsu, Seiko’s daughter, recalls that her mother would often keep scraps of cardboard because it was useful for patching up holes in the camp barracks (Munemitsu and Mendez 89), just as Aki learned not to waste candy/gum wrappers. In addition, Janice postponed a plane trip around September 11, 2001, because her family panicked that they might be suddenly taken away again and no one would know (Munemitsu and Mendez 90-91). This shows that although the incarceration camps were “a mistake,” as former President Reagan once said, the effects are long-lasting; “even many generations after their [Asian American and Pacific Islander] ancestors first arrived in the U.S., their community ‘continues to be treated as foreign’ by their fellow Americans” (George), and the ongoing racism still permeates American society.
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