Wong Kim Ark
WASHINGTON, D.C. — Rep. Grace Meng (D-N.Y.), chair of the Congressional Asian Pacific American Caucus, released a statement March 28 marking the 127th anniversary of the U.S. v. Wong Kim Ark decision upholding birthright citizenship as a constitutionally protected right.
“Today marks 127 years since the landmark United States v. Wong Kim Ark decision that affirmed birthright citizenship to anyone born in our country, including those born to immigrant parents. This was established by the Supreme Court, even as the Chinese Exclusion Act and anti-Asian sentiment was in full force in the 1800s, because the Constitution made clear that ‘a(chǎn)ll persons’ born in the United States means ‘a(chǎn)ll persons.’
“Despite this century-old legal precedent, President Trump issued an unlawful executive order to revoke birthright citizenship and eliminate the core principle that has allowed millions of Asian Americans and Pacific Islanders to become U.S. citizens. It is a flagrant violation of the 14th Amendment and the president’s oath to protect and defend the Constitution.
“This is nothing more than a desperate attempt to sow division and stoke xenophobic sentiment for political gain. We will not allow this administration to trample over the Constitution and redefine who is American. I vow to fight tooth and nail against this unlawful action and to protect the principles that have made our country into what it is today.”
Wong Kim Ark was born in San Francisco in 1873 as the son of Chinese immigrants. He lived in the U.S. for most of his life, working as a cook. After traveling abroad, he was barred from re-entering the U.S. on the grounds that he was not a citizen.
Wong challenged the government’s assertion because he was born in the U.S., and the Supreme Court ruled in his favor in 1898, affirming birthright citizenship under the 14th Amendment regardless of race or the parents’ immigration status.