An ugly chapter in the history of U.S. racism is being re-opened. As the U.S. entered World War II, U.S. citizens of Japanese ancestry were rounded up and placed in so-called "hospitality centers," internment camps, and permanent residents were either jailed or deported.

This was done under the guise of national security and to "protect" those being detained. After years of Japanese Americans demanding justice, Congress acknowledged that the forced detention of Japanese Americans had been illegal and reparations were ordered for victims of this terrible act.

The U.S. is once again dancing with the same calamity in the

global "war against terrorism." Since September 11, the Bush Adminis-tration with the cooperation of Congress has passed laws and

policies that are undermining our Constitutional rights and liberties. Under the guise of collective security, September 11 has been used to create an unseen enemy, the most dangerous and convenient kind, allowing federal law enforcement to make victims of many immigrants and refugees.

Soon after the tragic events of September 11, the Bush Adminis-tration dusted off a laundry list

of proposals to enhance law enforcement powers that had been dreamed about by different branches of the federal government for years. The Congress and public, reeling from the attacks, wanted quick action. On October 25, with one vote in the Senate and 66 in the House dissenting, Congress hastily approved the so-called "USA Patriot Act of 2001" and President Bush signed into law the next day. The Act supplemented 1996 laws that limited immigrants’ access to the courts, countered foreign terrorists, and provided for the retroactive removal of immigrants for even minor offenses.

The Patriot Act takes these appalling impacts further. First, it simultaneously increases the Border Patrol and broadens the power of the INS and other government officials to deny admission or deport persons suspected of connections with or supporting proscribed organizations accused of terrorism. Second, it limits a person’s ability to get her day in court to challenge the government’s refusal to admit and to deport. Third, the new law provides indefinite incarceration of non-citizens suspected of terrorism. Finally, it removes the wall between "foreign" and "domestic" intelligence gathering. The Patriot Act accomplishes this by providing a very broad definition of terrorism and what constitutes supporting terrorists; and allows domestic law enforcement to do things that have only been permitted in overseas U.S. spying. Domestic surveillance in the U.S. will be subject to few restrictions, including secret searches of a suspect’s premises.

Past escalation of border enforcement such as Operation Gatekeeper forced migrants to cross at more isolated and treacherous locations resulting in more deaths. Limiting immigrants’ access to the courts has also been tried since the first immigration laws of the early 20th Century. These attempts have rarely accomplished their larger objective resulting in a more haphazard and cumbersome judicial review for courts, which have yet to accept the complete stripping of the power of judicial review. Indefinite or long-term detention has also been tried and while the Supreme Court has condoned its use for arriving immigrants it has thus far refused to permit it to be used against persons captured in the U.S. Profiling has also had dubious success except perhaps in galvanizing opposition.

At the same time the Courts may act as a moderating influence. Last June the Supreme Court held in one case that indefinite detention could not be applied to immigrants captured within the U.S.; in another case it refused to interpret a statute as retroactive or that it was stripped of jurisdiction. While there was language in the case that might allow for long-term detention of terrorists, the clear message was that the Court, at least last summer, would not play the role of the potted plant.

The U.S. in this New Millennium has changed dramatically since World War II. We are significantly less isolated and a more diverse society. The U.S. is a superpower with global economic, political and cultural ties. These are potent weapons against domestic fascism, scape-goating, and fear-mongering. All of us need to voice our opposition to these divisive and draconian measures. We must also educate each other about our rights and support challenges to this legislation. Coming together with the singular purpose of defending these cherished rights is the mark of a true patriot.

Chief Justice Earl Warren, after retiring, stated that one the most regrettable decisions he ever made was when as Governor of California he ordered the internment of Japanese Americans. We can still avoid repeating such a terrible calamity, by not mistaking loyalty with background and patriotism with citizenship – and realizing that to preserve our liberties we must protect the rights of the minorities within our midst.

Richard A. Boswell is Professor of Law and Director of the Center for International Justice and Human Rights at the University of California, Hastings College of the Law in San Francisco.