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

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)

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.

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."

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.