Explainer: Who is Bhagat Singh Thind?

Feb 16

Explore the lasting influence of the landmark United States v. Bhagat Singh Thind Supreme Court ruling, which occurred a century ago in 2023. Discover how this pivotal decision shaped immigration policy, restricted citizenship eligibility for Asian immigrants, and learn about Bhagat Singh Thind's journey and legal struggles that had significant implications for racial and immigration discussions.

2023 marks 100 years since the historic United States v. Bhagat Singh Thind Supreme Court ruling, which was a pivotal moment in the conversation surrounding race and immigration in the United States in the 20th century. The Supreme Court’s decision pushed back emigration and pathways to citizenship for Indian and Asian immigrants for decades.

Bhagat Singh Thind was born October 3, 1892, in Punjab, India, in a small village called Taragarh Talawa. He pursued his education at Khalsa College in Amritsar, after which he briefly moved to the Philippines to work as an oral translator.

He traveled to the U.S. aboard the SS Minnesota, arriving in Seattle in 1913. He was accompanied by mostly Punjabi Sikh Indian men fleeing persecution by the British in India, a British colony at the time. After arriving in Seattle, Thind moved to Oregon and worked at lumber mills for a few years. He saved his earnings to study at the University of California, Berkeley, earning his Ph.D. in theology and English literature between 1915-1916.

World War I and First Conferring of U.S. citizenship

Thind enlisted in the U.S. Army in July 1918 to fight in World War 1, eventually getting promoted to Acting Sergeant in November of that year. A district court granted Thind citizenship on December 9th, 1918.

The Bureau of Nationalization disagreed with this district court’s decision. Immigration and Naturalized Services revoked his citizenship four days later, on December 13th, 1918, through a Certificate of Cancellation because Thind was not “a white man” and therefore did not qualify for American citizenship.

Thind continued serving in the army and was honorably discharged after completing his service on December 16th, 1918.

Second Attempt at Obtaining U.S. Citizenship

Thind applied for U.S. citizenship a second time on May 6, 1919, in Oregon. Once again, the Bureau of Nationalization intervened, asking the judge to deny him citizenship because he was part of the Ghadar Party, an international movement by expatriate Indians to overthrow British rule in India. Thind denied being affiliated with the party, although he admitted agreeing with their ideology of an independent India. The judge dismissed the Bureau’s claims and granted Thind citizenship a second time on November 18, 1920.

Supreme Court Appeal

The Bureau of Nationalization appealed the Oregon court’s decision to the Ninth Circuit Court of Appeals, which forwarded the case to the Supreme Court of the United States to answer the following questions:

Is a high caste Hindu of full Indian blood, born at Amrit Sar, Punjab, India, a white person within the meaning of section 2169, Revised Statutes?
Does the act of February 5, 1917 (39 Stat. L. 875, section 3) disqualify from naturalization as citizens those Hindus, now barred by that act, who had lawfully entered the United States prior to the passage of said act?

Thind argued that he was Caucasian/white because “his people, the Aryans, were the conquerors of the indigenous people of India,” similar to European colonizers. At this time, U.S. citizenship was only granted per the Naturalization Act of 1906, which restricted naturalization to “free white persons” or “aliens of African nativity and persons of African descent.” This categorically excluded Asian, Mexican, and Middle Eastern immigrants from being granted citizenship.

Sutherland stressed in his ruling that the decision was based on “racial differences” and not “racial inferiority,” and Thind’s Indian/Aryan background did not classify him as “white.” Sutherland further suggested that “our people … reject the thought of assimilation.” The Court’s decision revoked Thind’s citizenship a second time. The decision also led to the denaturalization of 60 other Indians who were granted citizenship, which led to loss of land ownership and in some cases, suicide.

In 1935, the United States Congress passed the Nye-Lea Act, which granted citizenship to WW1 veterans, including Thind.

United States vs. Bhagat Singh Thind shaped the immigration landscape of America for decades. It wasn't until 1946 when Congress passed the Luce-Cellar Act that Indians could again immigrate to the United States, although limited by a quota. Mass migration of Asian immigrants did not commence until after the 1965 Immigration Act.

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