Who gets to be an American?

Summary

Podcast Summary: "Who Gets to Be an American?" | Up First from NPR

Release Date: March 9, 2025
Host: NPR's Up First, featuring insights from Throughline podcast contributors

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Introduction: The Central Question of Citizenship

The episode delves into a timeless and contentious question: Who gets to be a U.S. citizen? This inquiry gains immediate relevance as it revisits President Donald Trump's 2025 executive order aimed at ending birthright citizenship for children born in the U.S. to parents residing illegally. Reflecting on current events, the podcast masterfully intertwines historical narratives to shed light on contemporary debates.

Aisha Rascoe [00:04]: "A fundamental question is being asked right now. Who gets to be a US Citizen?"

Trump’s Executive Order and Immediate Repercussions

On his first day in office, President Trump enacted an executive order challenging the long-standing tradition of birthright citizenship, particularly targeting children of illegal immigrants.

Donald Trump [00:45]: "We are fighting hard to get birthright citizenship or automatic citizenship for the children of illegal aliens."

This bold move was swiftly met with resistance, as 22 states filed lawsuits, leading federal courts to temporarily block the order. The legal tussle underscored the complexity and deep-rooted nature of the citizenship debate in America.

Aisha Rascoe [01:11]: "At the heart of this fight is a question that's centuries old. Who is truly American and who gets to decide?"

Historical Context: The 14th Amendment and Wong Kim Ark

The podcast transitions to historical analysis through NPR’s Throughline podcast, focusing on the pivotal case of Wong Kim Ark (1873–1931). Born in San Francisco to Chinese parents during an era marked by intense anti-Chinese sentiment and legislative exclusion, Wong's life became a cornerstone in the discourse on American citizenship.

In the late 19th century, amid economic downturns, Chinese immigrants faced severe backlash, leading to the Chinese Exclusion Act of 1882, which barred Chinese laborers from entering the U.S. Wong Kim Ark's return to the U.S. after a visit to China set the stage for a landmark legal battle challenging the Act.

Amanda Frost [05:45]: "The group was known colloquially as the Chinese Six Companies."

The Legal Battle: U.S. v. Wong Kim Ark

Wong Kim Ark's case became a litmus test for the interpretation of the 14th Amendment, specifically its citizenship clause. Detained aboard the steamship Coptic upon his return from China, Wong's legal team, backed by the influential Chinese Six Companies, filed a habeas corpus petition arguing his rightful citizenship based on birthright.

Amanda Frost [07:31]: "The 14th Amendment was added to the Constitution after the Civil War to achieve... equal protection of the laws."

The district court initially ruled in favor of Wong, affirming his citizenship. However, the government appealed, escalating the case to the Supreme Court amidst a climate rife with racial prejudice and legal ambiguity.

Amanda Frost [09:43]: "The case of Wong Kim Ark promises to become historic."

Supreme Court Deliberations and Ruling

Presented before a Supreme Court known for its racist leanings during that era, the case hinged on the interpretation of "subject to the jurisdiction thereof" within the 14th Amendment. Advocates for Wong argued that birthright citizenship was a fundamental principle rooted in common and English law, extending to all individuals born on U.S. soil regardless of parental citizenship.

Amanda Frost [22:14]: "If you look at the history of this principle... there's plenty of grounding there to support the idea..."

In a landmark decision on March 28, 1898, the Supreme Court ruled 6-2 in favor of Wong Kim Ark, reaffirming that birthright citizenship was constitutionally protected.

Michael Hosmar [26:04]: "All persons born in the United States and subject to the jurisdiction thereof are citizens of the United States."

Chief Justice Melville Weston Fuller, leading the court, underscored that citizenship was determined by birthplace, not ancestry or allegiance.

Julie Novkov [28:17]: "The Court ruled that citizenship is determined by whether or not someone is born on US soil, not by blood or race."

This ruling not only secured Wong's citizenship but also set a precedent safeguarding the rights of millions of children born to immigrant parents in the United States.

Aftermath: Wong Kim Ark’s Continued Struggle

Despite the Supreme Court's victory, Wong Kim Ark's life remained fraught with challenges. Continued racial profiling and legal hurdles meant that his citizenship was constantly under threat, highlighting the persistent racial tensions and systemic obstacles faced by Chinese Americans.

Carol Nakanoff [30:14]: "He was arrested and charged with being a Chinese immigrant, not a native born American... This is the racial profiling of..."

Implications for Modern Citizenship Debates

The historical narrative of Wong Kim Ark's struggle offers profound insights into current debates on citizenship and immigration. It underscores the pivotal role of legal interpretations in shaping national identity and the lives of immigrant communities. The episode draws parallels between past and present, emphasizing that the fight over who is considered American is ongoing and deeply rooted in America's socio-political fabric.

Aisha Rascoe [29:54]: "He continued to to live his life between the United States and China... a path for his own family and the descendants of millions of others..."

Conclusion: Legacy of Birthright Citizenship

Wong Kim Ark's case remains a cornerstone in American legal history, affirming that citizenship is intrinsically linked to birthplace. The episode reinforces the idea that while legal victories are significant, the quest for equality and recognition continues to evolve, reflecting the dynamic nature of American society and its enduring debates on immigration and identity.

Aisha Rascoe [Citation Needed]: (Final remarks summarizing Wong's legacy and its impact on future generations)

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Key Takeaways

• Birthright Citizenship Under Scrutiny: Trump's executive order aimed at revoking birthright citizenship sparked legal challenges, echoing historical debates.

• Wong Kim Ark’s Landmark Case: His Supreme Court victory in 1898 solidified the interpretation of the 14th Amendment, ensuring that anyone born on U.S. soil is automatically a citizen, regardless of parental status.

• Enduring Legal Precedents: The ruling in U.S. v. Wong Kim Ark continues to influence contemporary discussions on citizenship, immigration, and national identity.

• Ongoing Struggles for Immigrant Communities: Despite legal protections, racial profiling and systemic barriers persist, highlighting the need for continued advocacy and legal scrutiny.

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Notable Quotes with Timestamps

• Aisha Rascoe [00:45]: "We are fighting hard to get birthright citizenship or automatic citizenship for the children of illegal aliens."

• Amanda Frost [07:31]: "The 14th Amendment was added to the Constitution after the Civil War to achieve... equal protection of the laws."

• Michael Hosmar [26:04]: "All persons born in the United States and subject to the jurisdiction thereof are citizens of the United States."

• Julie Novkov [28:17]: "The Court ruled that citizenship is determined by whether or not someone is born on US soil, not by blood or race."

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This comprehensive summary encapsulates the intricate interplay between historical legal battles and their reverberations in today's political landscape, offering listeners a nuanced understanding of American citizenship's evolving definition.

Transcript

[Aisha Rascoe]

I'm Aisha Rascoe, and this is the Sunday Story where we go beyond the news of the day to bring you one BIG story. So a fundamental question is being asked right now. Who gets to be a US Citizen? On his first day in office, President Donald Trump signed an executive order attempting to end birthright citizenship for children born in the US Whose parents are in the country illegally. Trump's action, although dramatic, wasn't exactly a surprise. He'd been talking about doing exactly this over and over.

[Donald Trump]

We are fighting hard to get birthright citizenship or automatic citizenship for the children of illegal aliens.

[Aisha Rascoe]

This is Trump at a GOP event at his Doral Golf Resort in Miami on January 27th of this year.

[Rond Abdel Fattah]

It was not meant for everyone to.

[Donald Trump]

Come into our country by airplane or.

[Rond Abdel Fattah]

Charging across the borders from all over the world and think they're going to become citizens.

[Aisha Rascoe]

After Trump issued his order, 22 states quickly filed lawsuits and then federal courts temporarily blocked the order, which, which means that now the issue will move slowly through the legal system. At the heart of this fight is a question that's centuries old. Who is truly American and who gets to decide? Recently, my colleagues at NPR's history podcast Throughline revisited the story behind the 14th Amendment and how it came to be. The story focuses on one man, Wong Kim Ark. He was born in 1873 in San Francisco to Chinese parents at a time that the US was turning against Chinese immigrants. In part one of their episode, Throughline lays out how in the 1800s, thousands of Chinese laborers immigrated to the US to work in factories and build America's railroads. But when an economic downturn hit, politicians turned against the Chinese, claiming they were taking low wage jobs because they were willing to work under slave like conditions. There were mob attacks and mass lynchings. And in 1882, Congress passed the Chinese Exclusion act that prohibited Chinese laborers from entering the country. Under these conditions, Wong Kim Ark and his parents went back to China. But a few years later, he returned to the US to work. He'd make occasional visits back to China to see his family. In 1895, he returned back to San Francisco after one of those visits, but officials refused to let him leave the steamship. The US Government was looking for a test case to expand the Chinese Exclusion act and he was it. After the break through lines run Abdel Fattah and Ramtin Arablouei and part two of their story, the Test Case. You're listening to the Sunday story.

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[Rond Abdel Fattah]

This message comes from PEMCO Mutual Insurance Company. You know that moment when things take an unexpected turn and you get that sudden sinking feeling that maybe it could have been avoided? Pemco Insurance wants to help you avoid that feeling by sharing prevention tips that empower you to prevent some of life's preventable pitfalls. Because Pemco's commitment to their customers goes beyond the moment of a claim, it's about being with their customers every day. [e-mail] Prevention Here are my colleagues Ramtin.

[Aisha Rascoe]

Erebloui and Rond Abdel Fattah from Throughline with an excerpt from their episode on Birthright Citizenship.

[Amanda Frost]

Here's Rond we're looking back at the story of Wong Kim Ark, a man whose legal battle shaped who gets to be an American citizen. In August of 1895, Wong Kim Ark was sitting on a steamship, detained and watched over by guards. He was there because, according to the government, he was not a US Citizen, even though he had documentation showing he was born in San Francisco. It must have been a lonely, bitter feeling to be just a few miles from his hometown, rejected by his own government. But he wasn't alone. Almost immediately, a group of people started working to get him out.

[Carol Nakanoff]

So I'm guessing they had lots of contacts and networks who were aware of who was coming in and what was happening on those steamships.

[Amanda Frost]

This is Amanda Frost, professor of immigration law and author of you Are Not Citizenship Stripping From Dred Scott to the Dreamers.

[Carol Nakanoff]

The group was known colloquially as the Chinese Six Companies.

[Amanda Frost]

The Chinese Six Companies, also known as the Chinese Consolidated Benevolent Association.

[Carol Nakanoff]

It was a group of representatives from all the different regions of China who were immigrants to the US living in the US who had made it in the United States. They had some money, they had some resources. And when the Chinese Exclusion act went into effect, they mobilized and they said, we are going to fight back.

[Amanda Frost]

They frequently hired lawyers, white lawyers, to help Chinese laborers who were subject to deportation under the law.

[Carol Nakanoff]

And so the Chinese six companies hired a lawyer for Wollong Kim Ark, a well known lawyer named Thomas Riordan, and he files a habeas petition on Wong Kim Ark's behalf.

[Michael Hosmar]

A petition for a writ of habeas corpus was filed on behalf of Wong Kim Ark alleging that said Wong Kim Ark is unlawfully confined and restrained of his liberty on board of the steamship Coptic and prevented from landing into the United States.

[Amanda Frost]

So while Wong Kim Ark sat imprisoned on the steamship, his case headed to a California district court.

[Michael Hosmar]

The question to be determined is whether a person born within the United States, whose father and mother were both persons of Chinese descent and subjects of the Emperor of China, but at the time of the birth were both domiciled residents of the United States, is a citizen.

[Amanda Frost]

The district court was faced with a monumental decision, one that hinged on a single sentence in the 14th Amendment of the Constitution.

[Donald Trump]

14Th Amendment, Section 1, all persons born.

[Amanda Frost]

Or naturalized in the United States. The 14th Amendment was added to the Constitution after the Civil War to achieve, quote, equal protection of the laws. It was intended to make sure newly emancipated black Americans had full equal citizenship and rights. Some of the most impactful Supreme Court cases have hinged on this amendment. There's Plessy v. Ferguson, which upheld the constitutionality of segregation. Brown v. Board of Education, which reversed that. Even Roe v. Wade, which guaranteed the right to abortion. Wong Kim Ark's case focused on a specific part of the 14th amendment, the citizenship clause.

[Carol Nakanoff]

All persons born or naturalized in the United States and subject to the jurisdiction thereof.

[Aisha Rascoe]

Thereof, citizens of the United States and.

[Carol Nakanoff]

Of the state wherein they reside.

[Donald Trump]

And of the state wherein they reside.

[Amanda Frost]

That phrase, jurisdiction thereof. It's key because the court had to decide what makes a person a US Citizen? Do all people born on US Soil fall under its jurisdiction, its laws? Or is jurisdiction about where your loyalties lie? Are Chinese people living in the United States really subject to US Laws? Or should they be considered subjects of the Emperor of China? And then what does this legal argument mean for all immigrants across the country? Could this same logic be applied to birthright citizens from Europe?

[Donald Trump]

Given the attention that this case drew in the local press, it seems that everyone understood that this was going to be the big challenge.

[Amanda Frost]

Julie Novkov is the Dean of Rockefeller College of Public affairs and Policy at the University at Albany Suny & Co author of American by Wong Kim Ark and the Battle for Citizenship.

[Donald Trump]

It was going to have a broader impact than whatever was going on in San Francisco.

[Amanda Frost]

One of the most important, important Chinese cases for many years being the application of Wong Kim Ark to land as a native son. Wong Kim Ark was still stuck on a steamer off the coast while his case played out in court. It had been months and he was right in the middle of a bigger battle between the US Government and Chinese Americans. The case of Wong Kim Ark promises to become historic. For the question raised is whether a Chinese born on American soil is a citizen of the United States.

[Donald Trump]

So although there had been previous rulings that had touched on this issue, this one did immediately garner quite a lot of attention even before the ruling came down.

[Amanda Frost]

The decision of several hundred other cases depends upon its outcome. Finally, in the fall of 1895, the court came to a decision.

[Donald Trump]

He wins. He wins.

[Michael Hosmar]

From the law as announced and the facts as stipulated. I am of the opinion that Wong Kim Ark is a citizen of the United States within the meaning of the citizenship clause of the 14th Amendment. He has not forfeited his right to return to this country. His detention, therefore, is illegal. He should be discharged and it is so ordered. The experiment of blending the social habits and mutual race idiosyncrasies of the Chinese laboring classes with those of the great body of the people of the United States has been proved by the experience of 20 years to be in every sense unwise, impolitic and injurious to both nations.

[Amanda Frost]

Wong Kim Ark was technically free, but his victory was short lived.

[Carol Nakanoff]

So the government doesn't give up. But the government immediately says, we're appealing this. And in fact, Wong Kim Ark is only allowed off that steamship because he posted a $250 bail. And those records are lost to history. But I'm guessing that the Chinese six companies produced that $250. He was kept for four and a half months and he was only released on January 3, 1896.

[Amanda Frost]

The government appealed the case up to the Supreme Court. They did this because they wanted to enforce and expand the Chinese Exclusion Act. Even the President at the time, Grover Cleveland, was in full support of excluding Chinese immigrants.

[Michael Hosmar]

This has induced me to omit no effort to answer the earnest and popular demand for the absolute exclusion of Chinese laborers having objects and purposes unlike our own.

[Amanda Frost]

So the government did it. It appealed the case all the way up to the U.S. supreme Court. And the Solicitor General, the lawyer who represents the government in front of the Supreme Court was right out of central.

[Carol Nakanoff]

Casting, a man named Holmes Conrad. And Holmes Conrad was tall, patrician, he looked like exactly the kind of person that could be trusted to convey the law clearly and accurately to the justices. His reputation at the time was that he was an excellent lawyer, an excellent representative of the US Government. But if you dig a little deeper into the background of Holmes Conrad, you see some, some really interesting personal details.

[Amanda Frost]

Holmes Conrad came from a prominent slave owning family. He had spent the Civil War as an officer fighting for the Confederacy. And here's some nice irony for you. Because he fought for secession during the Civil War, Conrad actually had his citizenship revoked.

[Carol Nakanoff]

So for at least a little period of time, a short period of time, Holmes Conrad too was not a citizen of the United States. He wouldn't have been able to vote or hold office. It's interesting to think that at least for a brief period of time, he shared this issue with Wong Kim Ark about whether he would be considered a citizen of the United States.

[Amanda Frost]

Meanwhile, Wong Kim Ark, after being detained those horrible four months on ships, was back to his hardscrabble life in San Francisco. He was earning money and sending it to his wife and kids in, in China. And all the while the government was trying to beat him in court, questioning his citizenship. Yet behind the scenes he's got an all star high powered legal team on his side, paid for by the Chinese six companies.

[Donald Trump]

They had lawyers on retainer. Some of these lawyers were extremely well positioned. Some of them had had positions in the federal government.

[Amanda Frost]

This is political scientist Carol Nakanoff who co authored the book American by Birth, Wong Kim Ark and the Battle for Citizenship.

[Donald Trump]

Some of them had argued before the Supreme Court, some of them were working for the railroads. And the businessmen wanted the Chinese that they had brought over to get into the country.

[Amanda Frost]

For this case they hired two accomplished white lawyers.

[Carol Nakanoff]

One was Maxwell Evarts. In a way, he wore a dual hat. He was hired by the Chinese six companies paid by them to represent Wang. But the railroad, which he also worked for, clearly supported him.

[Amanda Frost]

Many big businesses had a keen interest in the Wong Kimark case. They needed labor, cheap labor to expand and be profitable. So they jumped to support Wong Kim Ark's case.

[Carol Nakanoff]

The second lawyer was a man named J. Hubley Ashton who had worked for President Lincoln. And both men deeply believed in Lincoln and the Reconstruction era's mission of not just ending slavery, but establishing racial equality.

[Amanda Frost]

Evarts and Ashton had argued cases before the Supreme Court before, but I would.

[Carol Nakanoff]

Have to think that they were pessimistic at this point.

[Amanda Frost]

The two of them were coming off a loss in a high profile case involving a Chinese client. Going into this case, they had every reason to doubt the outcome, an outcome that would be potentially devastating for Wong Kim Ark and thousands like him.

[Carol Nakanoff]

He surely knew that if he lost, he would be forced to leave the United States, the country in which he'd been born, and spend most of his life.

[Amanda Frost]

Coming up, Wong Kim Ark heads to the Supreme Court.

[Aisha Rascoe]

Welcome back to the Sunday Story. Rond and Ron.

[Rond Abdel Fattah]

This message comes from Warby Parker. What makes a great pair of glasses at Warby Parker? It's all the invisible extras without the extra cost, like free adjustments for life. Find your [e-mail] or visit one of their hundreds of stores around the country. This message comes from Mint Mobile. Mint Mobile took what's wrong with wireless and made it right. They offer premium wireless plans for less and all plans include high speed data, unlimited talk and text and nationwide coverage. See for [e-mail] Switch support for NPR and the following message come from Indeed. You just realized your business needed to hire someone yesterday. Speed up your hiring right now with Indeed. Claim your $75 sponsored job credit to get your jobs more visibility@ Indeed.com NPR terms and conditions apply.

[Aisha Rascoe]

Team continue their episode of NPR's Throughline podcast.

[Julie Novkov]

We're looking back at Wong Kim Ark, the man who won the Supreme Court case establishing birthright citizenship, meaning if you were born in the US you were automatically a citizen. But that wasn't how it worked when Wong Kim Ark was born in San Francisco as a young man, he took a trip to China and when he returned, wasn't allowed back into the United States because the government argued his ethnicity meant he wasn't a citizen. His legal battle shaped who gets to be an American. Part 3 Jurisdiction thereof On March 5, 1897, on a Friday afternoon, the day came the case of United States for Swankim ARC began.

[Carol Nakanoff]

They're in the Capitol building because there was no Supreme Court building at this time.

[Amanda Frost]

Amanda Frost is a professor of immigration law and author of you Are Not Citizenship Stripping From Dred Scott to the Dreamers.

[Carol Nakanoff]

And they were in front of these nine black robed men with Chief Justice Fuller in the middle, who was very short, so he was sitting on an elevated chair.

[Julie Novkov]

Chief Justice Melville Weston Fuller was the leader of the nine justices that made up the Supreme Court. And let's just say they had a bit of a reputation.

[Donald Trump]

The Fuller Court is known among Constitutional scholars as one of the most racist iterations of the Supreme Court that has existed across the span of American history. They're responsible for Plessy vs Ferguson.

[Amanda Frost]

Julie Novkov is a political scientist and co author of the book American by Wong Kim Arc and the Battle for Citizenship.

[Carol Nakanoff]

Many members of the Court were on record as being hostile to Chinese immigrants. The argument took place over two different days. Friday, March 5, 1897 and Monday, March 8, 1897.

[Julie Novkov]

So the United States government represented by Holmes Conrad swung first.

[Carol Nakanoff]

He would have argued, as he did in his brief, that the 14th Amendment, which guarantees citizenship to all born in the United States, has a caveat. Or he would have said an exception, which is only those who are born in the United States and who are subject to its jurisdiction are automatically birthright citizens of the United States, though case.

[Amanda Frost]

Turned upon the meaning of the language, subject to the jurisdiction thereof. Jurisdiction being of two kinds, territorial and political.

[Carol Nakanoff]

And so Holmes Conrad would have grasped on to that language and said, well, Wong Kim Ark, sure, he was born in the United States. We can't refute that. But we do not think he was subject to the jurisdiction of the United States because his parents were loyal to the Emperor of China and so was their son by sort of automatic transmission. And so that means the son cannot automatically acquire citizenship based on birth.

[Julie Novkov]

That was the first piece of Conrad's argument. But then he made a bigger, bolder.

[Carol Nakanoff]

Claim, also said to the supreme court that the 14th Amendment to the US Constitution is itself unconstitutional. And his reason for that was, he said the south was coerced into ratifying the 14th amendment in 1868, and therefore it was never validly a part of the Constitution. And we can see in that argument, of course, that he's trying to litigate the Civil War. He's trying to say the Reconstruction Amendment should not be law. We should turn back the clock.

[Julie Novkov]

Conrad was making this argument in 1897 in front of the Supreme Court over 30 years after the ink on the 14th Amendment had dried.

[Carol Nakanoff]

And in fact, the lawyers for Wong Kim Ark call him on that. And they say in their brief, this nation spilled so much blood to fight for the end of slavery and to establish the 13th and 14th and 15th Amendments and change our nation and change our Constitution. And you should not accept the argument that these amendments are invalid.

[Julie Novkov]

The government made its argument. Then. It was Wong Kim Ark's lawyer's chance to counter.

[Donald Trump]

Well, in very simple terms, won. Kim Ark's lawyers have two main claims. One is that this principle of birthright citizenship is A long standing principle in common law. Not just American common law, but English common law.

[Julie Novkov]

Their second claim is that this common law principle was adopted in the 14th Amendment.

[Donald Trump]

And therefore, if you look at the history of this principle, if you look at how it has played out over time, if you look at what the 14th Amendment was attempting to do and how discussions around it unfolded, and then you look at subsequent developments in lower federal court cases and a couple Supreme Court cases, there's plenty of grounding there to support the idea that the descendants of Chinese born in the United States are entitled to birthright citizenship.

[Julie Novkov]

Millions of immigrants from Europe and around the world had moved to the US in the 19th century. They were encouraged to come and populate the west through laws like the Homestead Act. And their children who were born here were de facto citizens. They could vote, at least the men could start companies, and they were making up more and more of the population. So the Supreme Court was suddenly having to address a fundamental issue.

[Donald Trump]

If the sons and daughters of Chinese are not citizens, then what of the sons and daughters of the English, the Irish, the Germans, the French, other people who have come to the United States?

[Amanda Frost]

Carol Nakanoff co authored the book American by Wong Kim Ark and the Battle for Citizenship.

[Donald Trump]

If you are not a citizen upon being born on this soil, then none of those others are citizens either. That principle is universal, and if you undercut it for the descendants of Chinese, you're basically undercutting the foundations of quite a few American citizens.

[Carol Nakanoff]

So the length of time between the oral argument and the ruling was over a year. So the case was argued March 5 and March 8, 1897, and the final Supreme Court decision wasn't announced until March 28, 1898. And that was an extraordinary long period of it would be extraordinary today. It was even more so then if.

[Donald Trump]

You had been looking at this case not necessarily knowing what was going to happen, only knowing what you know about the Fuller Court going into it, I think you could be forgiven for being a little bit uncertain about which way this one was going to go.

[Carol Nakanoff]

So you can imagine the fear that Wong Kim Arc might have been feeling as month after month went by without a decision. And it's the sign the Supreme Court was really struggling with what to do in this case and how to decide it. And his lawyers were probably also greatly concerned, but they were brilliant lawyers. And they told the Supreme Court, if you rule for the government that the children of immigrants are not citizens, you will take away citizenship from hundreds of thousands, maybe millions of people, including lots of white people. And the Court heard that loud and clear and even noted that in its.

[Julie Novkov]

Opinion that to deny citizenship to one group would be to deny citizenship to.

[Donald Trump]

Thousands of persons of English, Scotch, Irish, German and other European parentage who have always been considered and treated as citizens of the United States.

[Julie Novkov]

It took over a year, but finally the Supreme Court issued a ruling in the case of U.S. v. Won Kim Ark.

[Carol Nakanoff]

On March 28, they issued a ruling 6 to 2 because they were down a member, so only eight members.

[Donald Trump]

And Justice Gray authors the opinion, and he finds that Wong Kim Ark and all others similarly situated are indeed entitled.

[Carol Nakanoff]

To birthright citizenship regardless of the immigration status of their parents, are citizens of the United States.

[Donald Trump]

It is conceded that if he is a citizen of the United States, the acts of Congress known as the Chinese Exclusion Acts, prohibiting persons of the Chinese race and especially Chinese laborers from coming into the United States, do not end and cannot apply to him. The fact, therefore, that acts of Congress or treaties have not permitted Chinese persons born out of this country to become citizens by naturalization cannot exclude Chinese persons born in this country from the operation of the broad and clear words of the Constitution. All persons born in the United States and subject to the jurisdiction thereof are citizens of the United States. Justice Gray.

[Carol Nakanoff]

The Court focused on that language, said all persons. This is intended to apply to everyone. And it's not intended to be so restrictive as to take away citizenship or bar citizenship from the children of immigrants. And remember, the United States is a nation of immigrants. It's not like there's just a few people who are born to non citizen parents. It's a significant percentage of the country every year is born to immigrant parents.

[Julie Novkov]

Quick note. All persons did not necessarily include Native Americans. And that's because tribes recognized by the US Government were considered sovereign nations with their own governments and court systems.

[Carol Nakanoff]

And then the court, court threw in at the very end. They said, and if we were to rule any other way, we would take citizenship away from lots of children of not just the quote unquote, obnoxious Chinese, which is how the Court often referred to this group, but also the children of English immigrants and German immigrants and French immigrants.

[Julie Novkov]

The Court ruled that citizenship is determined by whether or not someone is born on US soil, not by blood or race.

[Carol Nakanoff]

That I think also pragmatically led them to say, no, Wong Kim Ark, we're ruling for you. Not so much because we're sympathetic to children of Chinese immigrants, because we can't undo the citizenship of the children of immigrants in this country.

[Julie Novkov]

Wong Kim Ark, with the support of the Chinese six companies had won his case. He was recognized by the US Government as a birthright citizen, a ruling that his lawyers knew would have an impact on generations to come. And Wong Kim Ark could finally go back to his life in San Francisco.

[Carol Nakanoff]

Well, I would love to say it was a fully happy ending. His problems were not over in part because the US Government didn't fully give up. It gave up on that formal legal argument. But I feel in some ways they just switched the battle to other venues. So Wong knew that if he wanted to leave the country again, he would have to prove to everyone's satisfaction, all of these white immigration inspectors, that he was the man who'd won the Supreme Court case, that he was Wong K. Marc, that he was a citizen born in the United States and that if they disbelieved him, he'd be stuck all over again in the steerage hold of a steamship trying to argue he could enter his country. And that must have made him very leery to even think about leaving the United States.

[Julie Novkov]

But Wong Kim Ark didn't need to leave the US to land in trouble with authorities.

[Carol Nakanoff]

He was living in El Paso, Texas, just a few years later after his win in October of 1901, living and working there, and he was arrested and charged with being a Chinese immigrant, not a native born American, a Chinese immigrant who was illegally in the United States. He had to post a $300 bond.

[Julie Novkov]

That's over $10,000 in today's money.

[Carol Nakanoff]

And it took months before he could convince these officials. I'm the guy who won the Supreme Court case establishing birthright citizenship. That's who I am. I am a citizen who gets to stay. This is the racial profiling of.

[Rond Abdel Fattah]

Foreign.

[Aisha Rascoe]

That story was brought to you by Rhyme Team Era, Bluey Rond, Abdel Fattah and the rest of my colleagues at Throughline. You can hear the full episode on NPR's Throughline. Wherever you listen to podcasts. We also put a link to the episode in the show notes. As for Wong Kim Ark, he continued to to live his life between the United States and China, where he had kids and a wife. He was even able to bring some of his kids to live in the U.S. though Wong Kim Ark's fight for recognition didn't make his own life much easier, it did clear a path for his own family and the descendants of millions of others whose rights are for now secured by soil and not by their skin color or ethnicity. Ethnicity. He went to visit China one last time in 1931 when he was in his 60s. He never returned to the U.S. i'm Aisha Rascoe. Thanks for listening to the Sunday Story from Up First. We'll be back tomorrow with all the news you need to start your week. Until then, have a great rest of your weekend. Foreign.

[Rond Abdel Fattah]

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