United States v. Bhagat Singh Thind: On Gaining Citizenship & Losing Identity

What is one promise you make when you become a United States citizen? To give up loyalty to other countries.

I remember this very question from my parents’ civics test as part of their naturalization process. We moved here from India in 1998 on an H1-B visa, eventually became permanent residents, and then finally became citizens in 2012. I didn’t have to take the citizenship test myself since I was a minor, but I remember helping my parents study. This one question in particular made me pause and realize how significant this step was for us, ceremonially: we were officially becoming Americans now.

It’s a real privilege to become a United States citizen, and I’m not sure how many American-born people realize what immigrants give up – both physically and symbolically – and how grateful they are to become citizens. That’s why it stings when throughout history, American-ness has been conflated with whiteness, and this sentiment lingers to this very day. I’m especially reminded of this bitter truth today because February 19 marks the anniversary of a particular SCOTUS case decision that hits close to home: United States v. Bhagat Singh Thind (1923).

Thind, an Indian Sikh man, had come to the United States in 1913. Having obtained a bachelors degree from India, he wanted to further his education at the University of California Berkeley. He enlisted in the US Army, served in WWI, and was discharged honorably in 1918. After his discharge, he applied for citizenship in Oregon state, and was granted naturalization. Yet, soon after he became naturalized, an examiner appealed the decision. Thus began the fight for citizenship that eventually reached the Supreme Court. Thind’s citizenship was challenged because of the statutes of the time. The Naturalization Act of 1790 restricted naturalization to ‘any free white person’ of ‘good character’ and the Naturalization Act of 1870 extended citizenship to ‘aliens of African nativity and persons of African descent.’ In the Ozawa case the previous year, a Japanese-American man petitioned for naturalization on the grounds that he was white in skin color. In that case, the Supreme Court held that ‘white’ meant Caucasian, and hence denied him from gaining citizenship. The Ozawa case is a striking example of how whiteness was used as a defining factor of someone’s worthiness to be American.

Thind, relying on the Ozawa case rationale, used anthropological texts and studies to argue that he was from North India, the original home of the Aryan conquerors, and so that meant he was of Caucasian descent. Further, he argued that as a high-caste Indian himself, he had a repugnance towards marrying a “low-caste” Indian woman. One line from his actual argument reads: “the high-caste Hindu regards the aboriginal Indian Mongoloid in the same manner as the American regards the Negro” (note that the term ‘Hindu’ at the time was used not to describe religion, but as a racial and geographical marker). Despite his assertions, the court unanimously decided against Thind, upholding that Indian people are not white and cannot become citizens. This decision was not overruled until President Truman signed the Luce-Cellar Act of 1946.

It hurts that Thind was denied citizenship because of his ethnicity, but it pains me even more that he himself tried to disown his heritage. In both the Ozawa and Thind cases, these men didn’t challenge the discriminatory nature of the racial criteria, but instead contended that they were white, too. Maybe they didn’t think it was possible to win by challenging the racist motivations behind the laws of their day, or maybe they genuinely wanted to be white in order to fully belong. Either way, this mindset of being different than other minority groups, of somehow being “more white” lingers to this day.

The model minority stereotype today paints the narrative that Asian-Americans are the paragon of immigrant success stories. It perpetuates the idea that Asians achieve higher in education, rise to higher socioeconomic statuses, and overall attain more prosperity than other groups. This blanket statement undermines the diversity inherent within Asian-American experiences. Moreover, by creating a hierarchy and placing Asians at the top, this myth furthers racial wedges between minority groups, maintaining a sense of division among people of color. It advances the same problematic sentiment present in Thind’s argument, that we Asian immigrants are somehow better; under this logic, our status is more close to that of white people, and hence, we are more American.

The Thind case reminds me that the life of an immigrant is one of sacrifice: we leave behind our homes, our families, and everything we’ve ever known. But we give all this up with hope, because we love this country and have faith in the opportunities available for us here. We take an oath to ‘defend the Constitution and laws of the United States’, to ‘do important work for the nation if needed’. We are proud Americans, too. Please, do not pit us against other minority groups or make us give up the very essence of our identities to prove it.

Roma Gujarathi is a first-year student. She loves hearing from readers: email her at roma.gujarathi@bc.edu.

Moving Beyond 1L Grades: Words of Wisdom

I think we can all relate to the feeling you get when you walk out of a final thinking you nailed it, only to find out a few weeks later that your grade was not nearly what you expected. When this happens as a 1L, however, I think the stress is even worse. All you have heard about for the months leading up to finals is that only your first-year grades matter and if you fall outside of a firm’s cutoff, you have a very big uphill battle ahead of you.

Well, even if this happened to you, your fellow 2Ls and 3Ls are here to tell you that you don’t need to beat yourself up, it will all work out, and it’s now time to move on with your second semester. Below are their words of wisdom:

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LLM: Our Journey to BC Law

Not everyone has the same journey to law school. In this week’s blog post, hear from LLM student Veronica Mulino about her family’s journey to Boston, and the various hurdles they faced after making the decision to come to the US for school.


My journey in Boston College began in Fall 2018. I was in Boston visiting for the holidays with my family. The last day of our trip, we decided to visit the BC Campus to gather some information on the LLM program for me and my husband.

We arrived at the Law School without any notice or a scheduled appointment, but we were welcomed with open arms by the Office of International Programs. We did a tour of the Law School and then discussed the program details and application. After a day of visiting, BC Law felt just like home. But I knew the process of applying to the program and actually attending was going to present difficulties for us, and at the time it seemed almost impossible. And yet, without knowing what the future was going to hold, my husband and I sent in our applications and were admitted. We were excited, but also worried: making the decision to move to another country together with a one-year old daughter seemed like a major challenge, with many obstacles to overcome.

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The Fall from Grace: Tackling Choice and Moral Culpability in Class

“This seems like a philosophical question.”

My classmate was trying to parse the Supreme Court’s reasoning in two cases with similar facts and different outcomes. Our professor did not seem enthusiastic about the prospect of a philosophical discussion. Some professors teach introductory law classes like a foreign language, immersing students in legal syntax and vocabulary until its functioning becomes intuitive and fluid. Imagine trying to teach French students to conjugate a verb while they’re working on a grand theory for the union of sound and thought. You would get further by just drilling, “Je vais à la plage. Tu vas à la plage. Il/Elle/On va à la plage.” So our professor responded with a pointedly practical answer spelling out the officially recognized legal rule at work in the two decisions.

But there was an interesting, philosophical issue beneath the surface of the Court’s reasoning, even if we didn’t have enough time to cover it. These are the two cases:

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What Was Your Name Again?

You’re a 1L sitting in class on the first day of the spring semester, reunited with your section members. Just one month ago, you had soul-bonded with the person next to you, spending 12 hours a day in study groups for weeks leading up to finals. You faced those exams together, you collectively convinced each other that it might not have gone as poorly as you thought, and then you wistfully bade each other farewell for whatever ski trip/Netflix binge awaited the other over Winter Break.

Contracts. Property. Civ Pro. Torts. Together, you and your dear friend stared into the outlining abyss and it stared back, and now you are making idle chit chat.

And you cannot remember their name for the life of you. 

And it’s starting to show: “Hey……..  you.

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Korematsu Day: Looking Back on a Supreme Court Decision

On December 7, 1941, Japanese forces attacked U.S. naval base Pearl Harbor, resulting in the United States’ declaration of war on Japan. President Franklin D. Roosevelt famously referred to the bombing of Pearl Harbor as “a date which will live in infamy.” 

In February 1942, ten weeks after the United States entered World War II, President Roosevelt signed Executive Order 9066—the authorization of the armed forces to mass transport and relocate all people of Japanese ancestry into “internment camps” in the name of national security. The order affected the lives of over 100,000 people, the majority of whom were American citizens. It also opened the door to an ugly chapter of American history—one of fear, xenophobia, and unbridled racism. 

On the home front, Anti-Japanese war propaganda fueled America’s hatred and paranoia. Such propaganda portrayed the Japanese as monkeys, rats, and snakes—often depicted preying on white American women to further incite anger and fear. 

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A Look Back at an “Impactful” 2019

What a ride 2019 has been! I hope you all are enjoying a well-deserved break — baking on a beach somewhere warm — now that the semester is done and over with (whoo!).

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Wrapping up a year full of ups and downs, we wanted to highlight a few of the most popular posts by our amazing writers at BC Law Impact:

With that, thank you for following BC Law Impact, happy holidays, remember to re-apply sunblock every 3 hours, and we look forward to seeing everyone in 2020!


Jae Lee is a second-year student who loves hearing from readers. Contact him at leecot@bc.edu.

Dear BCPD Police Officer

Dear Boston College Police Department Officer,

A few months ago, I parked my car (crookedly) in the Newton lot and began a mad dash to the building with two large folders in my hand. I was wearing heels that I didn’t know how to walk in, and I was late for a meeting with my clinic supervisor. Out of the corner of my eye I noticed you coming up behind me, and I instantly tensed. Instinctively, I sped up my pace and ignored the fact that me power-walking in heels was a recipe for a broken neck. After a few seconds you passed me, and opened the door I was about to walk through, which was a good thing because if I had tried to open it for myself, I would have likely spilled hundreds of pages of confidential client information all over the steps. You laughed and made a joke about them working us students too hard. I laughed too, though my laugh was a nervous and relieved one. I muttered a thanks and rushed through the door.

I don’t know if you realized how anxious I was, but if you did, I want to take this moment to apologize. I full-heartedly believe that it is wrong to judge someone based on appearances, but that is exactly what I did to you that morning. I didn’t see a person or a member of my community walking up behind me, I only saw your uniform. I understand that may sound odd to you, because as a police officer, you are labeled as the good guy. One of the first lessons we learn as children is that if you need help, find a police officer. In theory, seeing a police officer should instill feelings of safety and security and for most people it probably does, but it’s a bit more complicated for me and many of my fellow people of color. When I see you, I don’t feel safe and secure, I feel anxious and apprehensive. I don’t necessarily think you mean me harm, but I’m never quite sure what your intentions are.

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365 of 1L: A Word On Mentors

This year, we are taking you through the biggest moments of the 1L year. The ups, the downs, and everything in between, keep checking back for the inside scoop on important events and milestones from our students.

Maybe it’s just that time of the year, but it seems like every day is getting a little bit busier at BC Law. As reading assignments seem to grow longer and longer, and due dates become closer and closer, I cannot help but feel the need to reach out to those who have been through the trials and tribulations of their first year of law school.

Lucky for us 1Ls, we have a lot of advice available to us. At the beginning of the year, LSA matched every new student with an upperclassman who helped welcome us to the school and shared their tips and tricks. Classes, moving, and just life in general, our mentors gave advice on it all. Throughout the first couple of weeks, many organizations that we had joined also began pairing us up with older members, specifically matching us with those who had similar interests. The result? A plethora of mentors to choose from, all knowing exactly what we are going through and who were eager to help.

I decided to ask around for the best advice mentors have given. Maybe it will help you too.

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Why Divinity School and Law School Go Hand in Hand

I never liked elevator speeches. I struggled with reducing my purpose in life or work to a rush of words that I could get out before reaching the figurative lobby. Now that I’m in law school, the task is a little easier. People generally have some sense of what it is to be a lawyer. But prior to this I was studying philosophy of religion at a divinity school. Fewer people have a clear sense of what that’s about. And these days, if I happen to divulge both of those pieces of my biography—law school and divinity school—I can often see the confusion work its way through their faces.

Often they’re wondering why a pastor, minister, or priest would become a lawyer. I explain that I, like most students at my school, went for a degree in religious studies, not ordination. Another reason for the dissonance seems to come from that old dichotomy between the sacred and the profane. Even as fewer people in our country identify with organized religion,[1] there still seems to be some notion that those who take religion seriously at least have the courage of their convictions. Lawyers, on the other hand, are known for their moral promiscuity. Both generalizations need to be questioned. Still, when quickly explaining how I ended up at BC Law, I often try and fail to reconcile that perceived tension.

So I’m using this blog to break free from the limitations of an elevator speech and offer one explanation of how divinity school and law school go hand in hand. A warning up front: as an occupational hazard of divinity school education, I sometimes reason allegorically, and this will be one of those times.

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