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Searching for SubversivesThe Story of Italian Internment in Wartime America$
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Mary Elizabeth Basile Chopas

Print publication date: 2017

Print ISBN-13: 9781469634340

Published to North Carolina Scholarship Online: January 2019

DOI: 10.5149/northcarolina/9781469634340.001.0001

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PRINTED FROM UNIVERSITY OF NORTH CAROLINA PRESS SCHOLARSHIP ONLINE (www.northcarolina.universitypressscholarship.com). (c) Copyright University of North Carolina Press, 2021. All Rights Reserved. An individual user may print out a PDF of a single chapter of a monograph in NCSO for personal use.date: 20 September 2021

The Struggle for Justice in the Internment Process

The Struggle for Justice in the Internment Process

(p.73) Chapter Three The Struggle for Justice in the Internment Process
Searching for Subversives

Mary Elizabeth

Basile Chopas

University of North Carolina Press

Chapter 3 examines the alien enemy hearings, exploring the question of what process is due enemy aliens through legal constitutional theories concerning aliens’ rights. After comparing the alien enemy hearings to deportation proceedings, this chapter documents debates over what constitutional rights under the Fifth and Fourteenth Amendments endure in wartime and their applicability to the form of procedure afforded enemy aliens. Through discussion of case files, this chapter follows several interned Italians from their arrest, through their hearings and course of internment. For most internees, the Justice Department’s attempts, under the direction of Attorney General Francis Biddle, to infuse greater due process into the system came too late to save internees from feeling despondent over not being able to prove their innocence and potential to be good American citizens.

Keywords:   alien enemy hearings, due process, enemy aliens, legal constitutional theories, aliens’ rights, deportation proceedings, Fifth Amendment, Fourteenth Amendment, arrest, Attorney General Francis Biddle

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