citizenship and me

3/15/2023 U.S. News Yufei 

According to the first section of the 14th Amendment to the United States Constitution, all persons born or naturalized in the United States and subject to its jurisdiction are citizens of the United States and of the state wherein they reside. In other words, anyone born in the United States is a citizen. However, in recent years, due to political and human factors, many people have opposed granting citizenship to children born in the United States to undocumented parents. Let us examine this issue from a historical and legal perspective.

This can be traced back to the 1898 Supreme Court case of United States v. Wong Kim Ark. Wong Kim Ark was born in San Francisco in 1873 to Chinese parents who were both Chinese citizens (according to the regulations of the Qing government at the time, if the parents are Chinese citizens, the child born anywhere should be a Chinese citizen). In 1895, when he was 21, he went to China to visit his parents and his wife and children. When he returned to the United States, the U.S. Customs and Border Protection refused to allow him entry, citing that he was not a U.S. citizen under the 1882 Chinese Exclusion Act.

The opposing side, led by the U.S. government's representative lawyers, argued that Wong Kim Ark's parents were subjects of the Chinese emperor, and therefore, he was a subject of China at the time of his birth and was not "subject to the jurisdiction" of the United States. Additionally, they were of a different race and had different religious beliefs, and they could not assimilate with the United States. They might conflict with ordinary Americans and threaten the good social order of the United States, and harm the public interest.

The supporters of Wong Kim Ark, led by his lawyers, argued that "Wong Kim Ark had always submitted himself to the jurisdiction and sovereignty of the United States. He paid taxes like any American citizen and received recognition and treatment as a citizen in this country. The Fourteenth Amendment clearly states that 'All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States.' They had a residence in the United States and engaged in business there, and were not employed by the Chinese emperor in any diplomatic or official capacity, and thus, whether they were white or black, and whether they were former slaves or not, as long as they did not pledge allegiance to any foreign power, they should be U.S. citizens."

In the end, the court ruled in favor of Wong Kim Ark with a vote of 6 to 2, because he was born in the United States, and his parents were not employed by the Chinese emperor in any diplomatic or official capacity. The Citizenship Clause of the 14th Amendment automatically made him a U.S. citizen.

The victory in the Wong Kim Ark case was not only a victory for Chinese immigrants' struggle for citizenship but also had a significant impact on all immigrants living, working, and having a status in the United States. This case changed the fate of millions of immigrants and also gave minority peoples in the United States citizenship and later voting rights. Their rights can be protected, and they can be treated equally. The cultures and religious beliefs of different regions are worthy of mutual appreciation and respect. Regardless of the parents' background, the right of birth of children born in the United States should not be affected.