| Wong Kim Ark: Civil Rights Pioneer |
Wong Kim Ark: Civil Rights Pioneer
Wong Kim Ark was born in San Francisco in or around 1873 to Chinese immigrant parents. They migrated to America when there were few restrictions on who could enter the United States. In 1895, after a trip to visit China, Wong was denied re-entry to the U.S. under the Chinese Exclusion Act. Immigration officials claimed that he was not a citizen because his parents were Chinese nationals, and according to them, Wong could not be an American citizen. Wong Kim Ark challenged the government’s position in court, and his case — United States vs. Wong Kim Ark, 169 U.S. 649 (1898) — eventually reached the U.S. Supreme Court.
In the aftermath of the Civil War, birthright citizenship has been guaranteed by the 14th Amendment to the U.S. Constitution. The amendment addressed Dred Scott vs. Sandford, 60 U.S. 393 (1857), where the Court held that an enslaved person born in the U.S. could never be a citizen. In 1898, the U.S. Supreme Court ruled 6–2 in United States v. Wong Kim Ark that the 14th Amendment's Citizenship Clause confers citizenship to anyone born in the United States, regardless of their parents' background or immigration status. Wong Kim Ark's case confirmed that birthright citizenship extended to all.This ushered in an era that reconceptualized who belonged in America. It expanded the ambit of equality – also guaranteed by the 14th Amendment – by protecting the children of immigrants from being denied citizenship based on their heritage. Wong Kim Ark’s case has had a lasting legal impact, not only for Asian American communities but all communities. At a time when Asian immigrants were excluded from naturalization and faced widespread discrimination, his U.S. Supreme Court victory ensured that U.S.-born children of immigrants could not be denied citizenship. Today, as debates over immigration and birthright citizenship continue, the Wong Kim Ark decision remains a crucial safeguard for AANHPI communities and beyond.
From Wong Kim Ark to Executive Order 14160: The Evolution of Birthright Citizenship
United States v. Wong Kim Ark upheld birthright citizenship under the 14th Amendment, ruling that Wong Kim Ark, born in San Francisco to parents from China, was a U.S. citizen regardless of the circumstances of his parents. This landmark decision upheld citizenship for those born on U.S. soil, rejecting racial and immigration-based exclusions. Fast forward to 2025, the federal government issued Executive Order 14160. Also known as "Protecting the Meaning and Value of American Citizenship," Executive Order 14160 bars the government from conferring American citizenship to children born to mothers unlawfully present or even lawfully present but temporarily in the U.S. and their father was not a U.S. citizen or a lawful permanent resident. Executive Order 14160 challenges the 14th Amendment by restricting citizenship for children of non-citizen parents, distorting the precedent set in United States v. Wong Kim Ark and undermining the 14th Amendment’s Citizenship Clause. This action will have disproportionate effects on Asian American populations and other immigrant communities, echoing past discriminatory laws like the Chinese Exclusion Act. If enforced, the order is likely to lead to widespread legal uncertainty, family separations, and bureaucratic chaos. Disclaimer: The information provided on this website and in any associated attachments is for informational purposes only and does not constitute legal or other professional advice. It is not intended to create, and receipt of it does not establish, an attorney-client relationship. This information should not be relied upon as a substitute for professional advice tailored to your specific circumstances and may not be used to avoid penalties under state or local law. |
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