Introduction to Birthright Citizenship
The Chinese American Museum in Los Angeles recently hosted a panel discussion on the impact of birthright citizenship, a constitutional right that guarantees all U.S.-born children are citizens, regardless of their parents’ status. The panel, which included Asian American immigration experts, activists, and community members, spoke in defense of birthright citizenship, which is being challenged by the Trump administration.
The Importance of Birthright Citizenship
Author and journalist Helen Zia emphasized the significance of birthright citizenship, stating that it is a testament to the "bravery of fighting for the right not just to be a citizen of America, but to be a full human being." Zia also noted that in the Asian American and Pacific Islander community, at least 70% are born outside the U.S., and that naturalization can provide some protection, but even that is not foolproof.
The History of Birthright Citizenship
The concept of birthright citizenship was established by the 14th Amendment, which was affirmed by the Supreme Court in the 1898 case "U.S. v. Wong Kim Ark." The case involved a San Francisco-born man, Wong Kim Ark, who was denied entry to the U.S. after a trip to China. The Supreme Court ruled that Wong was a U.S. citizen because he was born in the U.S. and his parents were not employed in any diplomatic or official capacity under the Emperor of China.
Challenges to Birthright Citizenship
On his first day in office, President Trump issued an executive order that would void birthright citizenship, arguing that the 14th Amendment has never been interpreted to extend citizenship universally to everyone born within the U.S. The order would deny U.S. citizenship privileges to children born after February 19, whose parents are in the country unlawfully. However, this effort has been blocked in the courts, and a Pew Research Center survey found that 56% of Americans disapprove of Trump’s executive order.
Impact on the Asian American and Pacific Islander Community
The panel discussion highlighted the disproportionate impact that reversing birthright citizenship would have on the Asian American and Pacific Islander community. Connie Chung Joe, CEO of Asian Americans Advancing Justice Southern California, noted that the community already faces a racial stereotype of being treated as the "forever foreigner" and that reversing birthright citizenship would only exacerbate this issue.
Legal Implications
Law professor Hiroshi Motomura, co-director of the Center for Immigration Law and Policy at UCLA Law, expressed confidence that the order would be struck down, stating that "we’re reinterpreting the 14th Amendment, and that’s not limited by time." Motomura also noted that even if the order died in the courts, the Trump administration would still win by creating fear and uncertainty among immigrant communities.
Call to Action
The panelists urged communities to be vigilant and to stand together in defense of birthright citizenship. Norman Wong, the great-grandson of Wong Kim Ark, encouraged attendees to "stand together as a nation of immigrants" and to cherish each new life born in the U.S.A.
Conclusion
The debate over birthright citizenship highlights the complexities and challenges of immigration policy in the United States. While the Trump administration’s efforts to restrict birthright citizenship have been met with resistance, the issue remains a contentious one. It is essential for communities to come together to safeguard civil rights and freedoms for all, regardless of their immigration status.
FAQs
- What is birthright citizenship?
Birthright citizenship is the constitutional right that guarantees all U.S.-born children are citizens, regardless of their parents’ status. - What is the significance of the 14th Amendment?
The 14th Amendment established birthright citizenship and was affirmed by the Supreme Court in the 1898 case "U.S. v. Wong Kim Ark." - What is the impact of reversing birthright citizenship on the Asian American and Pacific Islander community?
Reversing birthright citizenship would have a disproportionate impact on the Asian American and Pacific Islander community, exacerbating the racial stereotype of being treated as the "forever foreigner." - What is the current status of the Trump administration’s efforts to restrict birthright citizenship?
The efforts have been blocked in the courts, and a Pew Research Center survey found that 56% of Americans disapprove of Trump’s executive order.
