Equity Denied: Historical and Legal Analyses in Support of the Extension of U.S. Veterans' Benefits to Filipino World War II Veterans

Abstract

Filipino Army veterans played an essential role in the United States' victory in the Pacific during World War II. Although their contributions to this effort were recognized by the President and Congress, these individuals have been denied the promised right to veterans' benefits. The author presents the historical context behind the promulgation of 38 US.C. § 107, the key legislation that denied Filipino World War II veterans their benefits. The author explains the judicial reasoning which held §107 constitutional and argues that given the body of discriminatory case law which has been developed, the denial of benefits to the Filipino veterans is unjust and warrants reconsideration.