United States of America v. Wong Kim Ark

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Today's feature article from Wikipedia


United States of America v. Wong Kim Ark (黃金&#24503, 169 U.S. 649 (1898), is a United States Supreme Court case in which the Court held that virtually everyone born in the United States is a U.S. citizen. This decision established an important precedent in its interpretation of the Citizenship Clause of the Fourteenth Amendment to the Constitution.

Wong Kim Ark, who was born in San Francisco to Chinese parents around 1871, had been denied re-entry to the United States after a trip abroad, under a law restricting Chinese immigration and prohibiting immigrants from China from becoming naturalized U.S. citizens. He challenged the government's refusal to recognize his citizenship, and the Supreme Court ruled in his favor, holding that the citizenship language in the Fourteenth Amendment encompassed essentially everyone born in the U.S.—even the U.S.-born children of foreigners—and could not be limited in its effect by an act of Congress.

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Notice the translation of his given name 德 as Ark indicates his parent were from the prefecture of Taishan which speak Taishanese, a subgroup of Cantonese. Both dialects, more often than, are incomprehensible. The Taishanese unarguable were the first group of indenture workers (卖猪&#20180 arrived in the US. They were part of the original rail road workers that helped build the cross country railway.

Today they constitute as the largest Chinese dialect group in both San Francisco and New York, the two largest Chinese enclaves out side of Asia. Along with Hakka, historically, they were the hardest working people amidst the anti Chinese environments in America. Today their descendants are mostly business people, doctors/lawyers and other professional.

 

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In a 6-2 decision, the Supreme Court of United States of America decided: on his behalf, citing the 14th Amendment:

It is conceded that, if he is a citizen of the United States, the acts of Congress, known as the Chinese Exclusion Acts, prohibiting persons of the Chinese race, and especially Chinese laborers, from coming into the United States, do not and cannot apply to him.

The question presented by the record is whether a child born in the United States, of parents of Chinese descent, who, at the time of his birth, are subjects of the Emperor of China, but have a permanent domicil and residence in the United States, and are there carrying on business, and are not employed in any diplomatic or official capacity under the Emperor of China, becomes at the time of his birth a citizen of the United States by virtue of the first clause of the Fourteenth Amendment of the Constitution,

“All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside.”

Multi-American : Who was Wong Kim Ark? How a son of immigrants helped define who is a U.S. citizen | 89.3 KPCC

 

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2009年佐治亚州众议员迪尔(Nathan Deal)提出“出生公民权提案”及2011年路易斯安那州参议员维德(David Vitter)提出类似法案，再度企图排除在美出生的非法移民子女成为美国公民。2011年1月25日维德提出宪法修正案，要求修改宪法第14条的文字，拒绝给予非法移民及外国旅客在美出生子女的公民权。虽然这些提案在目前的状态下被通过的几率很小，但有关这一议题的辩论在可预见的将来，都不会停止。许多移民权益团体也都在时刻与各种反移民提案和行为进行抗争。(管黎明）

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In 2009 Georgia Congressman, Nathan Deal, again attempted to exclude the children of illegal immigrants born in the United States to become U.S. citizens.

In 2011 Louisiana Congressman, David Vitter, attempted again in the US Congress. Seek to amend the text of Article 14 of the Constitution to deny citizenship to children born in the United States of illegal immigrants and foreign travelers.

Although these proposals in the current state by the probability is very small, but the debate on this topic in the foreseeable future, will not stop. Many immigrant rights groups are also in with a variety of anti-immigrant proposals and conduct at all times to fight. (translates by Google)