Rond Abdel-Fattah and Ramteen Arablui, co-hosts of NPR's Throughline podcast, explore the contentious issue of birthright citizenship. They discuss the Trump administration's executive order aimed at challenging this right and dive into the historical significance of the Wong Kim Ark case, which solidified birthright citizenship under the 14th Amendment. The conversation highlights the ongoing struggles for identity and belonging faced by immigrant communities, drawing parallels between past legal battles and contemporary debates on citizenship.
Trump's executive order aimed to end birthright citizenship ignited a legal battle reflecting the complexities of immigration policy and national identity.
Wong Kim Ark's court case established the principle of birthright citizenship, affirming that U.S. citizenship is guaranteed to all born on American soil regardless of parental status.
Deep dives
The Executive Order and Birthright Citizenship Debate
President Donald Trump's executive order on his first day in office aimed to end birthright citizenship for children born in the U.S. to undocumented parents, igniting significant political and legal backlash. This order was not unexpected, as Trump had long voiced his intention to alter immigration policies surrounding citizenship. Soon after the order was issued, 22 states filed lawsuits against it, leading to federal courts temporarily blocking the measure and resulting in a protracted legal battle. This contemporary conflict taps into a longstanding question of who qualifies as American, reflecting tensions around immigration and national identity.
The Story of Wong Kim Ark
Wong Kim Ark's case became pivotal in understanding birthright citizenship, as he was born in the U.S. to Chinese parents amid the backdrop of anti-Chinese sentiment and legislation like the Chinese Exclusion Act. After a visit to China, he was detained upon his return, with the government arguing he was not a U.S. citizen despite his birthright. The Chinese Six Companies advocated for Wong, hiring legal representation that would challenge his unlawful confinement, thus setting the stage for a historic court ruling. His case not only addressed his right to citizenship but fundamentally questioned the implications for all children born in the U.S. from immigrant parents.
The Supreme Court Ruling and Its Aftermath
The Supreme Court's decision in Wong Kim Ark's case affirmed the principle of birthright citizenship, asserting that anyone born in the U.S. is a citizen regardless of their parents' immigration status. This ruling was significant not just for Wong, but for countless individuals across various backgrounds, as it protected the citizenship rights of children born to immigrant parents. The Court's interpretation of the 14th Amendment underscored the importance of jurisdiction over ethnic or racial considerations, asserting that citizenship is primarily determined by birthplace. However, despite winning recognition, Wong faced ongoing challenges with authorities questioning his status and citizenship in subsequent years, highlighting the ongoing struggles for immigrant rights in America.
On the first day of his second term as President, Donald Trump signed an executive order attempting to end birthright citizenship for children born in the U.S. whose parents are in the country illegally. The Trump Administration asserts that the children of noncitizens are not "subject to the jurisdiction of the United States" and therefore are not entitled to citizenship. But birthright citizenship is a Constitutional guarantee, explicitly laid out in the 14th Amendment. On this episode of The Sunday Story, we look at the origins of this right through a 1898 court case that would transform the life of one Chinese American and generations to follow. You can listen to the full episode from NPR's Throughline here or wherever you listen to podcasts.