Throughline: Birthright Citizenship
Episode Release Date: February 6, 2025
Hosts: Rund Abdelfatah and Ramtin Arablouei
NPR

Introduction: The Legacy of Wong Kim Ark

In the episode titled "Birthright Citizenship," Throughline delves deep into one of the most pivotal Supreme Court cases in American history: United States v. Wong Kim Ark. Hosted by Rund Abdelfatah and Ramtin Arablouei, the episode weaves a rich tapestry of historical events, personal narratives, and legal battles that have shaped the concept of American citizenship.

Chinatown San Francisco: The Starting Point
Understanding the Cultural and Historical Backdrop

The episode opens with Julie Kane and Sandra Wong exploring Chinatown in San Francisco, a neighborhood with over 150 years of Chinese immigrant history. Julie Hsu, a fourth-generation San Franciscan attorney, introduces the central figure of the episode—Wong Kim Ark—whose case would challenge the very definition of American citizenship.

"This place has a lot of stories to tell."
— Ramtin Arablouei [02:04]

Historical Context: Anti-Chinese Sentiment and the Exclusion Acts

The narrative navigates through the surge of anti-Chinese sentiment in the late 19th century, culminating in violent pogroms and the enactment of the Chinese Exclusion Act of 1882. These laws not only barred Chinese laborers from entering the United States but also stripped Chinese immigrants of their rights, forcing them into isolated communities like Chinatown.

"This country was coming out of the Civil War, the end of slavery. And the white workers were told, the Chinese are the new slaves and they will undermine your work because they will take jobs at lower pay."
— Julie Hsu [21:37]

Wong Kim Ark's Ordeal: From Birthright to Detention
The Journey of a Chinese American

Wong Kim Ark, born in San Francisco to Chinese immigrant parents, found himself at the heart of a legal storm when he returned to the United States after a visit to China. Despite possessing documentation proving his birthright citizenship, he was detained and barred entry under the Chinese Exclusion Act.

"He fought for his birthright citizenship, the idea that, with some small exceptions, if you're born in the United States, then you're automatically a citizen."
— Ramtin Arablouei [08:01]

The episode poignantly captures the emotional turmoil faced by Ark and his family, especially Sandra Wong, his great-granddaughter, who recounts discovering his story through her father's belongings.

"I was like, why? You know, why now do I have to find out? I would have asked all these questions, and I didn't have that opportunity."
— Julie Kane [05:26]

The Legal Battle: United States v. Wong Kim Ark
Fighting for Citizenship in the Supreme Court

With the support of the Chinese Six Companies, Ark's legal team, comprising esteemed lawyers Maxwell Evarts and J. Hubley Ashton, took his case to the Supreme Court. The central legal question revolved around the interpretation of the 14th Amendment's Citizenship Clause, specifically the phrase "subject to the jurisdiction thereof."

"The 14th Amendment was added to the Constitution after the Civil War to achieve, quote, equal protection of the laws."
— Rund Abdelfatah [33:10]

Government's Argument:
Solicitor General Holmes Conrad contended that Ark, despite being born in the U.S., was not "subject to its jurisdiction" due to his Chinese heritage, effectively arguing for a racial exception to birthright citizenship.

"We are going to fight back."
— Sandra Wong [31:50]

Legal Strategy and Court Proceedings:
Ark's attorneys argued that birthright citizenship was a long-standing principle rooted in common law, emphasizing that it was intended to be inclusive and not restricted by race or parentage.

"If you undercut it for the descendants of Chinese, you're basically undercutting the foundations of quite a few American citizens."
— Sandra Wong [47:31]

Supreme Court Decision: Affirming Birthright Citizenship
Historic Ruling and Its Implications

After an intense deliberation period, the Supreme Court ruled 6-2 in favor of Wong Kim Ark on March 28, 1898, affirming his status as a U.S. citizen by birthright.

"All persons born in the United States and subject to the jurisdiction thereof are citizens of the United States."
— Justice Gray [51:31]

The Court underscored that denying Ark's citizenship would set a precedent that undermined the rights of millions of other American citizens born to immigrant parents.

"The Court ruled that citizenship is determined by whether or not someone is born on US soil, not by blood or race."
— Ramtin Arablouei [53:42]

Aftermath: Continued Struggles and Legacy
The Ongoing Fight for Citizenship Rights

Despite winning the case, Ark's victory was bittersweet. The government continued to challenge the principles established, leading to further legal and personal battles for Ark and his family. His eventual arrest in El Paso, Texas, in 1901 highlighted the persistent racial profiling and systemic challenges faced by Chinese Americans.

"I am the guy who won the Supreme Court case establishing birthright citizenship. That's who I am. I am a citizen who gets to stay."
— Julie Hsu [55:33]

Today, Wong Kim Ark's legacy lives on, enshrined in a mural in San Francisco's Chinatown and in the unwavering protection of birthright citizenship in U.S. law.

"He helped make real the aspirational language of our nation's founding document."
— Ramtin Arablouei [58:04]

Modern Implications: Birthright Citizenship in Contemporary America
Relevance and Challenges Today

The episode draws parallels between Ark's time and contemporary debates surrounding birthright citizenship, highlighting how the fundamental question of "Who is an American?" remains contested. Recent political actions, such as executive orders aimed at limiting birthright citizenship, echo historical attempts to redefine citizenship boundaries.

"The question of who is an American has always been up for debate."
— Ramtin Arablouei [08:01]

Conclusion: A Continuing Struggle for Inclusion
Enduring Impact and Future Considerations

Wong Kim Ark's case remains a cornerstone in American legal history, ensuring that birthright citizenship remains a protected right. His story underscores the enduring struggle for equality and the importance of safeguarding constitutional protections against exclusionary practices.

"For the millions of others whose rights are secured by the soil and not by their skin color or ethnicity."
— Ramtin Arablouei [58:04]

Through its meticulous storytelling and insightful analysis, Throughline not only recounts a significant legal battle but also invites listeners to reflect on the broader themes of identity, belonging, and justice in the American narrative.

Notable Quotes with Timestamps:

• "All persons born in the United States and subject to the jurisdiction thereof are citizens of the United States."
  — Julie Hsu [03:12]

• "He fought for his birthright citizenship, the idea that, with some small exceptions, if you're born in the United States, then you're automatically a citizen."
  — Ramtin Arablouei [08:01]

• "If you undercut it for the descendants of Chinese, you're basically undercutting the foundations of quite a few American citizens."
  — Sandra Wong [47:31]

• "The question of who is an American has always been up for debate."
  — Ramtin Arablouei [08:01]

Key Takeaways:

1. Historical Significance: The United States v. Wong Kim Ark case fundamentally affirmed birthright citizenship, shaping American immigration and citizenship laws.

2. Racial Dynamics: The episode highlights the persistent racial tensions and systemic barriers faced by Chinese immigrants in the late 19th century.

3. Legal Precedent: Wong Kim Ark's victory established a critical legal precedent that continues to influence debates on citizenship and immigration today.

4. Personal Resilience: The personal stories of Wong Kim Ark and his descendants underscore the human impact of legal battles and the ongoing struggle for equality.

5. Enduring Relevance: The themes explored in the episode remain pertinent, reflecting the evolving challenges surrounding identity, inclusion, and the definition of what it means to be American.

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