The Saga of Wong Kim Ark

As discussions intensify regarding American citizenship as a birthright, I am reminded never to take U.S. citizenship for granted – particularly as an American of Japanese descent. For a very long time, individuals of Asian descent faced almost insurmountable barriers to becoming American citizens – either through naturalization or birth.

The Naturalization Act of 1790 afforded U.S. citizenship only to immigrants who were “free white persons.” In 1870, naturalization laws were changed to include persons of African nativity and descent. However, individuals from Asia were not allowed to become naturalized American citizens until the 1943 passage of the Magnuson Act.

And while the Fourteenth Amendment to the Constitution passed in 1868 ostensibly conferred citizenship to all individuals born in the United States, for Asian residents, this birthright to citizenship had to be determined by the Supreme Court.

In 1894, Wong Kim Ark, an individual born in the United States of non-citizen Chinese parents, was denied re-entry into this country after a trip to China. He was detained at the Port of San Francisco on the basis that he was not a bona fide American citizen. He successfully sued for re-entry at the federal district court level; however, the United States government took the case to the Supreme Court, which eventually determined that Mr. Ark was a citizen by virtue of his birth in the United States – even though his parents were not and could not become citizens (due to the Chinese Exclusion Act of 1882).

Sadly, the specter of birthright citizenship restrictions has recently reappeared. This is a shame. For all the pain and suffering brought about by racist immigration policy to those of us with Asian roots, it appears that our Hispanic brothers and sisters are now being similarly targeted. Has history taught us nothing? Are we doomed to repeat our failings? This country was founded on the principle that we are all equal under the law. We still struggle to get this right at times, but we’ve made significant strides in civil rights over time. A return to restricted birthright citizenship will set us back, all of us — Hispanics, Asians, all of us with immigrant roots — more than 100 years.

Many, many people – including myself – owe Wong Kim Ark a debt of gratitude for his efforts over a century ago to fight for his American citizenship. Let’s hope his efforts were not in vain.

- Doug Hirano, MPH, APCA Executive Director