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

The Spirit Catches You

The January 27, 2011 edition of the CDC MMWR (Morbidity and Mortality Weekly Report) includes an interesting case history of childhood lead poisoning in a Cambodian family in New York City. Through follow-up investigation, it was found that the child was very likely poisoned by a string amulet adorned with leaded beads (see photo). The toddler had been wearing the amulet for several months and had been observed mouthing the amulet. These amulets are believed to confer protection to the child. Based upon this incident, the guidance given by the CDC to health department staff members, medical practitioners, and others was as follows:

Educational efforts are needed to inform Southeast Asian immigrants that amulets can be sources of lead poisoning for children. Health-care providers and public health workers should ask about this custom when seeking a source of exposure in Southeast Asians with elevated BLLs. Targeted educational efforts in Southeast Asian communities also should be considered. This case also underscores the importance of being aware of different cultural practices, such as wearing amulets, and highlights the need to assess and reassess the same risk factors and rephrasing questions using different words when communicating with immigrant families.

I would suggest that it will take more than a traditional educational campaign to convince Southeast Asian parents to discontinue the use of such amulets. After all, this is very possibly a tradition steeped with significant religious significance and/or with centuries of empirical evidence suggesting the protective value of the amulet. Education, patience and cultural insight are likely warranted on both sides in reducing this lead poisoning risk.

For further information about cultural tradition and illness, there is a classic book, The Spirit Catches You and You Fall Down: A Hmong Child, Her American Doctors, and the Collision of Two Cultures, by Anne Fadiman, that describes the misunderstanding, pain and confusion sometimes inherent in cross cultural health work. It’s required reading for anyone interested in cross cultural health and medicine.

-Doug Hirano, MPH, APCA Executive Director