Who gets to be an American citizen?
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This episode of 'America in Pursuit' explores the foundational legal battle over birthright citizenship in the United States through the story of Wong Kim Ark, a San Francisco-born son of Chinese immigrants. In 1895, after visiting China to marry and start a family, Wong Kim Ark was denied entry to the U.S. by customs officials who claimed he wasn't a citizen because his parents were foreign nationals. His case, United States v. Wong Kim Ark, reached the Supreme Court in 1897, where the justices had to interpret the 14th Amendment’s phrase 'subject to the jurisdiction thereof.' Despite a deeply racist court and a government argument that the 14th Amendment was invalid due to coercion during Reconstruction, the Court ruled in favor of Wong Kim Ark, affirming that all persons born in the U.S. are citizens regardless of their parents’ immigration status. The decision preserved birthright citizenship not just for Chinese Americans, but for millions of children of immigrants across all backgrounds. Yet, the victory came with ongoing hardship—Wong Kim Ark was arrested again in 1901 and spent months in detention before proving his citizenship. The episode underscores how the definition of 'who is American' has always been contested, shaped by fear, racism, and legal precedent, and remains relevant today as the Supreme Court once again considers the future of birthright citizenship. The episode reveals that the fight for inclusive citizenship is not a new struggle but a recurring one, rooted in the same anxieties about immigration and national identity. It highlights how the legal principle of birthright citizenship was defended not out of sympathy for Chinese immigrants, but out of practical necessity—to avoid dismantling the citizenship of countless others. The story of Wong Kim Ark serves as a powerful reminder that American identity has always been defined by contradiction: a nation built on immigration, yet repeatedly seeking to exclude those who look different. As the U.S. faces new debates over immigration and belonging, the legacy of Wong Kim Ark stands as both a legal milestone and a moral challenge.
Birthright citizenship in the U.S. was legally established by the 1898 Supreme Court decision in U.S. v. Wong Kim Ark, affirming that anyone born on U.S. soil is a citizen regardless of their parents’ immigration status.
The Supreme Court ruled in favor of Wong Kim Ark not out of sympathy for Chinese immigrants, but because overturning birthright citizenship would have invalidated the citizenship of millions of children of European and other immigrant groups.
The 14th Amendment’s phrase 'subject to the jurisdiction thereof' was interpreted broadly to include all persons born in the U.S., rejecting the idea that loyalty to a foreign power negates citizenship.
Anti-Chinese sentiment, fueled by economic anxiety and racism, led to the Chinese Exclusion Act and other discriminatory laws, yet the legal system ultimately protected the rights of children born in America.
Despite winning his case, Wong Kim Ark faced continued discrimination and was arrested again in 1901, showing that legal victory does not erase social prejudice.
…and 3 more takeaways available in PodZeus
The Question of American Identity
The episode opens with a framing of the central question: who gets to be an American? It introduces the current Supreme Court case challenging birthright citizenship and sets the stage for the historical story of Wong Kim Ark, whose case established the legal foundation for birthright citizenship in the U.S.
Wong Kim Ark’s Return and Denial
Wong Kim Ark, born in San Francisco to Chinese immigrant parents, attempts to return to the U.S. after visiting China to marry. He is denied entry by a customs official who claims he is not a citizen, despite being born in the United States. The episode details the anti-Chinese sentiment and legal barriers of the time, including the Chinese Exclusion Act.
The Rise of Anti-Chinese Sentiment
The episode traces the history of anti-Chinese violence and legislation, including the 1877 San Francisco riots, the Chinese Exclusion Act of 1882, and the Page and Geary Acts. It explains how economic downturns and racial scapegoating led to systemic exclusion of Chinese immigrants, even as they contributed to building the nation.
The Supreme Court Battle
“All persons born in the United States and subject to the jurisdiction thereof are citizens of the United States.”
The Legacy and Limits of the Ruling
The Supreme Court’s decision in U.S. v. Wong Kim Ark solidified birthright citizenship, but the ruling had limitations—Native Americans were not included due to tribal sovereignty. Despite his legal victory, Wong Kim Ark faced continued discrimination and was arrested again in 1901. He later returned to China and never came back.
“All persons born in the United States and subject to the jurisdiction thereof are citizens of the United States.”
“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.”
“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, but also the children of English immigrants and German immigrants and French immigrants.”
Hosts
Guests
Wong Kim Ark
person
Supreme Court
other
United States v. Wong Kim Ark
other
Randa Abdi Fetha
person
14th Amendment
other
China
place
San Francisco
place
Chinese Exclusion Act
other
Ramtin Arablui
person
Chief Justice Melville Weston Fuller
person
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