Justice  /  Discovery

United States of America vs. Vaishno Das Bagai

One-hundred years ago, the U.S. government waged a deliberate and organized campaign against South-Asian Americans.

The U.S. Supreme Court’s ruling in United States v. Thind (1923) impacted all South Asians in the United States and led to the denaturalization of over fifty South Asian Americans who had already become naturalized citizens. One of them was Vaishno Das Bagai—and though Bagai’s painful story has been told before, records I recently discovered in the National Archives further reveal the deliberate and organized campaign that the U.S. government waged against South Asian Americans after Thind. As we mark the 100th anniversary of the decision, there are lessons we can draw from this history to reckon with racism and xenophobia today.

Born in Peshawar in 1891, Bagai was an early supporter of India’s freedom and independence from the British and was already working with the Ghadar Party in San Francisco when he decided to settle in the United States following his father’s death. He had inherited a good deal of land which could have cemented his family’s livelihood in Peshawar for the next generation. Instead, he used a portion of his inheritance to start a new life for himself and his family in the United States.

Bagai arrived in San Francisco on September 6, 1915 with his wife Kala and their three young sons, Brij, Madan, and Ram. He was eager to continue the cause of Indian independence and to allow his children to grow up in the United States. As his granddaughter Rani recounted some years later, Bagai “relished his new life in America.” He owned a home, started a business called Bagai’s Bazaar, and continued his work with the Ghadar Party.

And just over two weeks after his arrival, he declared his intention to become a naturalized citizen of the United States. In his application he declared that he would “renounce forever all allegiance and fidelity” to the King of Great Britain and Ireland, become a citizen of the United States of America, and permanently reside in the U.S. He formally filed his naturalization papers five years later and secured the signatures of two witnesses.

That South Asian Americans were able to successfully naturalize was an anomaly. Other Asian immigrants had already been barred from naturalized citizenship on the grounds that they were not “white” as required by the nation’s naturalization laws dating back to 1790. It would not be until the Supreme Court ruled in the Thind decision, on February 19, 1923, that South Asians were not considered “white.”

The Thind decision dealt a devastating blow to all South Asians in the United States, especially those who had become naturalized citizens. It disrupted dreams. It put already vulnerable people at further risk of discrimination. And it further codified anti-Asian racism.