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https://www.washingtonpost.com/news...2_podcast-constitutional-930am:homepage/story
Quite an interesting case.
Quite an interesting case.
Comments are?This right to citizenship derived from language in the 14th amendment, stating: “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.”
And yet, because that amendment had been designed to give former slaves citizenship after the Civil War, Wong Kim Ark's case marked the first time in U.S. history that the courts confirmed it could also apply to immigrants' children, born in America, even if the parents weren't citizens themselves.
He’s stuck onboard because when he went to get off the ship, after a long trip back to the U.S. from China, the customs collector in San Francisco must have said: You’re Chinese. You’re not allowed onto U.S. soil. The commissioner was enforcing a nationwide exclusion act that banned all Chinese workers from entering the United States. It was the first time America had any ban of this kind.
Well no, I’m actually American, Wong Kim Ark said. My parents are Chinese but I was born right here in San Francisco. See, here are my papers. I’m a citizen and I’m just coming home.