There are two sides to every story
This week, as the Supreme Court takes up the issue of birthright citizenship, the legacy of Wong Kim Ark will be front and center.
More than a century ago, the Chinese American man from California successfully defended his right to birthright citizenship before the Supreme Court — a victory that’s been foundational to the country’s modern-day understanding of who is American.
Now Wong’s landmark case is being cited in the flurry of briefs filed against President Donald Trump’s executive order to deny U.S. citizenship to babies born to undocumented immigrants and lawful permanent residents.
That policy has been put on pause — for now. After Trump introduced the order on his first day in office, three federal judges issued nationwide injunctions pending litigation. But the Trump administration wants the Supreme Court to reject the injunctions when it hears oral arguments focused on their national scope on Thursday.
Should the executive order take effect, ramifications for children could be dire. Legal experts say they could face deportation and lose access to education and healthcare benefits.
In the countdown to the hearing, Wong’s case has been invoked by lawyers, immigrants’ advocates and his own descendants.
Norman Wong, who’s related to Wong through his father, said he’s worried about the children of immigrants.
“Are they going to be stateless? We can’t have that,” Wong said. “They’re not my children, but in a sense, we should embrace them and think of them as our children, as Americans.”
The 14th Amendment
Birthright citizenship became the law of the land after the Civil War. Congress adopted the 14th Amendment in 1868, overturning the Dred Scott decision, which said enslaved and free people of African descent were not U.S. citizens.
