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In 1909, the U.S. Department of Justice ruled that George Shishim, an Arab from the Middle East, was a member of the "white race," and therefore eligible for American citizenship. While several subsequent cases have questioned the whiteness of Arab-Americans, the precedent set by the Shishim case has generally endured. While eligibility for citizenship is no longer based on race, the U.S. Census to this day includes natives of the Middle East in its "white" category.[1]
Background
Shishim was born in Beirut, then a part of the Ottoman Empire. He moved with his family first to Egypt, then Mexico, and finally to the U.S., settling in California. He applied for American citizenship in 1907.
Shishim was a policeman in Venice, Calif. In September, 1909, he arrested the son of a prominent lawyer for disturbing the peace. The arrested man claimed Shishim had no right to arrest him because Shishim was not and could not become an American citizen, because he was not "white."
Fred Jones, a naturalization examiner for the U.S. Department of Justice, supported the claim against Shishim, arguing that Syrians belonged to the "Mongolian race."
Syrian-Lebanese community leaders in Los Angeles pooled their resources and hired attorney Byron C. Hanna to defend Shishim.
The Case
Judge Hutton of the Superior Court of Los Angeles ruled that Shishim was eligible for citizenship and that Lebanese and Syrians belong to the "white race."
After the verdict, Shishim recited the oath of allegiance.
Aftermath
The Los Angeles Herald wrote on November 5, 1909: "Assured, temporarily at least, that the mantle of citizenship placed on their shoulders by Uncle Sam’s naturalization officers will not be removed, 17,000 Syrians scattered throughout the length and breadth of the land will breathe easier when they hear of the decision rendered yesterday by Judge Hutton of the superior court, to whom the first challenge to reach the test stage was submitted a month ago."
In his ruling, Judge Hutton wrote: "The courts of this nation, both state and federal, have, whenever called upon for more than a century, construed the term 'white persons,' or members of the white race, to include Syrians. If at this late date a different construction is to be placed upon the meaning of this very doubtful statute Congress should so declare. The objection of the government is therefore overruled."