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Ozawa v. United States (1922)

Having lived in the United States for twenty years, Takao Ozawa finally applied for U.S. citizenship, but the government denied his application, arguing that since he had been born in Japan and was of the Japanese race, he was ineligible. A federal statute at the time said that citizenship was only available to "free white persons, or aliens of African descent."
Should Ozawa be eligible for citizenship?



The Counsel

George W. Wickersham for Ozawa

The Judge

U.S. Supreme Court Justice George Sutherland

Members of the Japanese Independent Congregational Church, 1942 (Courtesy of the National Archives and Records Administration, ARC # 536048)


1. Ozawa is well established in his community in California. He is well educated, sends his children to American schools and churches, speaks English in the home, and has married someone educated in American schools. A person's beliefs, not his race, should determine his eligibility for citizenship.

2. The definitions of race included in the Revised Statutes should not apply to the Naturalization Act, and therefore should not place limitations on eligibility for citizenship.

3. Congress must not have intended to have the Revised Statutes provision regarding race apply to the Naturalization Act.


1. The government concedes that Ozawa's character is unquestionable, but we are dealing with a legal issue here and must separate notions of character from the legal issue, which limits naturalization based on race [referring to a federal statute at the time limiting citizenship to "free white persons, or aliens of African descent."]

2. The limitations contained in the Revised Statutes do apply to the Naturalization Act and limit which groups are eligible for citizenship.

3. It is the duty of the judicial branch to give effect to the words and intent of Congress; therefore the statutes and the act should be interpreted as we have stated.

Continue to the Judgement
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