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On 127th Anniversary of U.S. v. Wong Kim Ark, A Recommitment to Our Freedom to Belong
SAN FRANCISCO - On March 28, 1898, Wong Kim Ark won his Supreme Court case that enshrined birthright citizenship as a bedrock of U.S. democracy. One hundred and twenty-seven years later, communities across the United States are uniting to reject the Trump administration’s illegal executive order that seeks to take away these freedoms and strip children of certain immigrants of their U.S. citizenship.
The Asian Law Caucus, alongside the American Civil Liberties Union, State Democracy Defenders Fund, and Legal Defense Fund, has challenged Trump’s illegal and unconstitutional assault on birthright citizenship. This and other lawsuits have temporarily blocked the executive order from going into effect while the legal challenges proceed.
Ahead of the 127th anniversary of the Wong Kim Ark’s victory, Asian Law Caucus experts and new parents reflect on this history of community solidarity and its enduring legacy that shapes our resilience and organizing today.
“Two hours after President Trump issued his illegal executive order, we and our co-counsel filed a lawsuit to challenge it. Since then we have heard from parents across the country, who have built a life here, who need us to stand with them to protect their children’s future – and our own,” said Winnie Kao, senior counsel at Asian Law Caucus. “Whether by stripping children of birthright citizenship, silencing people based on the languages we speak, or invoking a 1798 wartime authority to disappear our family members and neighbors, the Trump administration is hoping to sow division to claim more power and control over our lives. Wong Kim Ark’s fight for justice and the community members who fought with him are inspirations for us today: we need to join together—as people who want the best for our children and future generations—to safeguard our freedoms.”
“The history of birthright citizenship shows how civil rights victories strengthen protections for all communities,” said Gabriela Villareal, policy director at Asian Law Caucus. “In California, nearly 1 in 2 children have at least one immigrant parent, and these families are integral to our state’s neighborhoods, schools, churches, and communities. California legislators recently introduced a resolution affirming California’s commitment to birthright citizenship. Now is the moment for every state and local government to stand with us for a country that keeps our families whole and ensures every family, no matter where we come from, can thrive.”
“My first child was born on February 19, a beautiful boy who is keeping us up at all hours and bringing us such joy,” said Mr. Y, who has lived in the U.S. for over 10 years and is waiting for a decision on his green card. “Until the injunction against Trump’s order, my wife and I were filled with fear and anxiety when we should have been focused on preparing for our son’s arrival. This country is our home. It’s where I’ve built a career in advertising and where my wife has done the same as a mental health counselor and social worker. We want what any parents want for their children—belonging, opportunity, safety. A few years ago I learned about Wong Kim Ark at a play, and I’m proud of how my community endured and fought back against the Chinese Exclusion Act. Today, that history grounds our courage and resolve to reject Trump’s agenda of fear and division and fight for our children’s futures.”
Background & Resources
The Asian Law Caucus has created resources to help community members understand Trump’s illegal attack on birthright citizenship, including Frequently Asked Questions and a video explainer with our partners at 18 Million Rising.