Filipino veterans: A shameful anniversary for the U.S. Congress

Library of Congress

Filipino World War II veterans are still fighting for their rights. 

SEVENTY YEARS ago today (Feb. 18) the U.S. Congress committed an act of betrayal. 

President Truman signed the Rescission Act, which took away the rights and benefits of thousands of Filipinos who fought for the United States during World War II. The few remaining Filipino veterans who are still alive - many walking with canes or in heir wheelchairs - are still fighting this battle against injustice.

At the start of the war against the Japanese, President Franklin Roosevelt signed an executive order incorporating the Philippine Commonwealth Army into the United States Armed Forces of the Far East under the command of Gen. Douglas MacArthur.

With that order came the promise that the Filipinos who joined the USAAFE would be eligible to receive the same benefits as the servicemen in the regular U.S. military.

Thousands heeded the call. They fought alongside their American comrades-in-arms against overwhelming odds, under-supplied and ill-equipped, they fought until U.S. forces surrendered in Bataan and Corridor.

RELATED: More details about the Rescission Act

Even after the surrender, thousands still fought as guerrillas, hiding in the jungles, raiding, spying and harassing the Japanese forces so much that the Imperial Army had to expend their energy fighting the U.S-backed units, delaying the Japanese invasion of Australia. It gave the Australians time to beef up their  defenses and the U.S. to bring reinforcements and supplies to their Australian allies.

In 1946, a budget-conscious Congress more concerned about financing the grand Marshall Plan and rebuilding Japan, their former enemy, appropriated a piddling $200 million to the Philippine Army. Contained in that appropriation bill was a rider: the infamous Recession Act, that overturned President Franklin's promise.

RELATED: Another Memorial Day, another Congress, another stab at justice

President Obama opens the door for veterans' family reunification 

At first, President Truman vetoed the bill because of that provision but when it came back to him, he reluctantly approved the bill on Feb. 20, 1946 saying (emphasis is mine):

“In approving H.R. 5158, I wish to take exception to a legislative rider attached to the transfer of a $200,000,000 item for the pay of the Army of the Philippines. The effect of this rider is to bar Philippine Army veterans from all benefits under the G.I. Bill of Rights with the exception of disability and death benefits which are made payable on the basis of one peso for every dollar of eligible benefits. I realize, however, that certain practical difficulties exist in applying the G.I. Bill of Rights to the Philippines. 

"However, the passage and approval of this legislation do not release the United States from its moral obligation to provide for the heroic Philippine veterans who sacrificed so much for the common cause during the war. 

"Philippine Army veterans are nationals of the United States and will continue in that status until July 4, 1946. They fought, as American nationals, under the American flag, and under the direction of our military leaders. They fought with gallantry and courage under most difficult conditions during the recent conflict. Their officers were commissioned by us. Their official organization, the Army of the Philippine Commonwealth, was taken into the Armed forces of the United States by executive order of the President of the United States on July 26, 1941. That order has never been revoked or amended.

"I consider it a moral obligation of the United States to look after the welfare of Philippine Army veterans.”

Filipino/American groups threw their support behind the veterans' cause. and were later joined by other Asian/American legal and civil rights organizations. Through the years, sympathetic congressmen tried to correct this injustice.  

There have been some piecemeal victories: Citizenship was granted to some, but only for a limited group; benefits reinstated for some, but not all; Philippine Scouts were recognized but not the units that fought as guerillas or under Filipino commanders.   Most of the 250,000 veterans that would have qualified have died. However, there are still a few thousand waiting for their heroic deeds to be recognized, still fighting for the respect and justice they deserve. 

The least that can be done is for Congress to overturn the Rescission Act and fulfill the promise made when America needed the Filipinos most.

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Attack against Sikh/American upgraded to a hate crime

A rally was held in Chicago to urge the attack be seen as a "hate crime."

THE TEENAGE assailant who yelled racist remarks at a Sikh/American, then beat him has been charged with a hate crime. Initially, the only crime leveled at the young man was "aggravated assault."

DuPage County State's Attorney Robert B. Berlin announced today (Sept. 15) that after further investigation and the discovery of additional evidence, his office has filed an amended juvenile petition in a case involving a Willowbrook teen accused of striking a Sikh/American in the face following a road rage incident last week, just days before American observed the anniversary of the 9/11 terrorist attacks on the Twin Towers and the Pentagon.

In addition to the Felony Aggravated Battery charges the juvenile is currently facing, one count of Hate Crime, a Class 4 Felony, has been added to the juvenile petition, which could enhance the sentence if the teen is found guilty. Because of the attacker's age, his name has not been released.

At approximately 5:15 p.m., Sept. 8, 2015, Darien police responded to a battery call near Cass and 69th, stated a police press release  Upon their arrival, police found Inderjit Mukker located in the front driver's seat of his vehicle suffering from apparent cuts and bruises on his cheeks. 

RELATED: Do Asian/Americans matter? Lady Justice's blindfold slips 

It is alleged that prior to the arrival of the police, Mukker and the defendant were involved in a "road rage" incident instigated by the defendant yelling racial slurs at Mukker. It is further alleged that following the altercation, Mukker and the defendant pulled their vehicles to the side of the road. 

It is further alleged that the accused attacker left his vehicle and approached Mukker's vehicle. It is alleged that following an exchange of words between the two, the defendant punched Mukker in the face as he sat in his vehicle. 

The teenager then fled the scene. An investigation into the matter led by the Darien Police Department led to the defendant. It is further alleged that when approached by police at his home, the defendant resisted arrest and punched a police officer in the face. 

"Crimes based on hatred or prejudices have no place in our society," Berlin said. "Any physical attack motivated in whole or in part by an offender's pre-conceived bias against another individual based on race, religion, disability, ethnic origin or sexual orientation is a crime not only against the victim but against society as a whole. Anyone accused of such behavior will be vigorously prosecuted and held accountable for their actions."
“We are thankful that Robert Berlin and the DuPage County State’s Attorney’s Office have filed a hate crime charge in this case,” the Sikh Coalition’s Legal Director, Harsimran Kaur said in a statement. “For the Sikh American community, a formal hate crime charge was never about a harsher penalty, but instead prosecuting the crime for what it was. We can’t combat the problem of hatred against minority communities in America unless our elected officials and government agencies acknowledge that the problem exists.”

A court date has not yet been set for the teenage defendant. 

Mukker, who was released from the hospital and spoke at a rally after the announcement.
"No Sikh, no American, should ever fear a simple trip to the grocery store. I was attacked because of my brown skin, turbin and a beard. I was assaulted in my car because I am a Sikh," he said.

Sikh groups have reported a surge of hate crimes against people in their community since the September 11 attacks. The U.S. Department of Justice has investigated more than 800 incidents against Sikh, Arab, Muslim and South Asian Americans since 9/11.

Hey! Asian/Americans! Do you matter? Lady Justice's blindfold slips

ARE ASIAN/AMERICANS held to a different standard of justice because they look so foreign?

Three recent unrelated cases makes one wonder if the judicial system simply doesn't take Asian/Americans seriously.

CASE 1: Copy tells salon worker, "You''re not a f****g American!" 

Chicago Det. Gerald Di Pasquale, is on tape saying to tanning salon manager Jianquing "Jessica" Klyzek, “You're not a f****** American. I'll put you in the UPS box and send you back to wherever the f*** you came from.”

Klyzek is a naturalized American citizen of Chinese descent.

Di Pasquale threatens to shut down the business where Klyzek works and then says, “Whoever owns it will f****** kill you because they don’t care about you, Okay! I’ll take this building. You’ll be dead and your family will be dead!”

The civilian-led Independent Police Review Authority is recommending a 25-day suspension for Di Pasquale and an 8-day suspension for another officer, Frank Messina, who hit Klyzek in the head while she was handcuffed and on her knees.

Asian Americans Advancing Justice is calling for the officer to be fired. “You know when it really comes down to what is caught on tape it’s very difficult to see any situation where that is justified,” says Steven Moon of the AAAJ.

THE RESULT: Two weeks ago, the three officers involved are temporarily suspended - a slap on the wrist.

CASE 2:  "Terrorist, go back to your country, Bin Laden!" yelled the assailant

An elderly Sikh/American man was brutally injured and called “terrorist” and “Bin Laden” in what many have called a hate crime case in Darien, Illinois near Chicago, just days before the US commemorated the anniversary of the 9/11 terrorist attacks.

Inderjit Singh Mukker was assaulted on last week when the 17-year old assailant - unable to distinguish between Sikhs and Arabs - pulled up to Mukkar's car yelling racial slurs, including, “Terrorist, go back to your country, Bin Laden!”

Mukker, a U.S. citizen, was on his way to a grocery store and was repeatedly cut off by a driver. He pulled over to the side of the road to let him pass but the driver instead pulled in front of his car and reportedly aggressively approached Mukker’s vehicle. The teenager then reached into the car and repeatedly punched Mukker in the face, causing him to lose consciousness, bleed profusely and suffer a fractured cheekbone and a laceration to his

Inderjjit Singh Mukker

cheek.

He was rushed to a nearby hospital where he received six stitches, treatment for lacerations, bruising and swelling. The suspect is in custody.

THE RESULT: Instead of being charged with a hate crime, the assailant is being charged for "aggravated battery" spurred by "road rage."

UPDATE: The DuPage County State's Attorney's office on Sept. 15 has upgraded the attack to a hate crime, which carries stiffer penalties if a conviction is determined.

CASE 3: Indian/American elder slammed to ground by overzealous cop

After a jury failed to reach a decision in the federal trial of a Huntsville, Alabama police officer, which left an Indian/American grandfather partially paralyzed, the judge declared a mistrial in the case.

The surprising announcement by U.S. District Court Judge Madeline Haikala came after jurors told the judge on four separate occasions that they were unable come to a unanimous decision.

Officer Eric Parker is accused of using excessive force while violating the civil rights of a man from India. Parker was caught on video violently slamming 58-year-old, Sureshbhai Patel to the ground in early February 2015. This left Patel with severe injuries, including partial paralysis.

Patel, who was in the U.S. visiting relatives, was taking a morning walk when he was approached by Parker after a neighbor reported a “suspicious” thin black man walking through the neighborhood.

Parker was later arrested after the brutal encounter with Patel, which was caught on his car's dash camera. When the incident became public, it sparked international outrage. Patel had only recently come to the United States to assist in caring for his grandson, and spoke no English. The controversy went so far as to force Alabama Gov. Robert Bentley to formally apologized to the Indian government.

Parker claimed that he simply lost his balance as he took the grandfather to the ground. Although the videotape shows Patel had his handcuffs on hands behind him. 

THE RESULT: Despite the video evidence, after several attempts to render a verdict, the jury couldn't come to a decision. The judge declared a mistrial.

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The Patel and Mukker cases will most likely be appealed and the Klyzek case will probably go to court but that doesn't explain what appears as shoulder shrugs from the responsible agencies. Is it because police and the courts don't take the plaintiffs seriously enough because American law doesn't apply to foreigners? Asian/Americans are always seen as "outsiders," and "foreigners" no matter what their status or even if their family has been in this country for generations.

What Chicago attorney Nebula Li said about the Klyzek case could be applied to all three victims: “Jessica’s case is only one of many examples of the criminalization of immigrants, women, people of color, and Asian Americans,” said immigration attorney Nebula Li. “Some may find it shocking to hear those words coming out of a Chicago police officer’s mouth, but many of us in the Asian-American community have been told all our lives that we don’t belong, and to go back to wherever we came from.”

It also demonstrates that Asian/Americans, as people of color, have issues in common with the Black Lives Matter movement and their quest for justice. As Martin Luther King, Jr. once said from the Birmingham jail, "Justice denied anywhere diminishes justice everywhere."

Chirag Patel, say it loud. Inderjit Singh Mukker, say it loud. Jessica Klyzek, say it loud.

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