Assemblymember Alex Lee Applauds SCOTUS Ruling on Birthright Citizenship

• Nicholas Chan
• Communications Director, Office of Assemblymember Alex Lee
• (916) 319-2392
• [email protected]

Today, the Supreme Court ruled to uphold birthright citizenship, affirming the longstanding constitutional right of every child born in the U.S. to be an American citizen. The court's ruling serves as a crucial win for protecting hundreds of thousands of people's ability to participate in American society as rightful citizens.

"The Supreme Court delivered a pivotal victory by upholding the clear letter and spirit of the law," said Assemblymember Alex Lee. "Birthright citizenship is a constitutional principle enshrined in the 14th Amendment for more than 150 years. It serves as a bedrock of the American dream, guaranteeing people's right to be full members of our society from the moment they are born. No President is above the law, and our fundamental rights cannot be erased by executive order. Today's ruling makes clear that everyone born in the U.S. is entitled to equal rights and protections. Regardless of their parents' immigration status, every child born here belongs to our country."

In response to Trump's attempt to dismantle birthright citizenship, Assemblymember Lee authored legislation to reinforce the California Legislature's commitment to defending this constitutional right. Assembly Joint Resolution (AJR) 5 also honors the legacy of the Chinese American Wong Kim Ark, whose Supreme Court case affirmed the 14th Amendment's guarantee of birthright citizenship.

The 14th Amendment was ratified in 1868 following the Civil War, guaranteeing citizenship to formerly enslaved people born in the U.S. The amendment states, "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."

Decades later, the Supreme Court Case of U.S. v. Wong Kim Ark in 1898 affirmed birthright citizenship to all those born in the U.S. During a period of anti-Asian racism, San Francisco-born Wong Kim Ark was prohibited from reentering the United States after traveling to China to visit family. Customs agents claimed he was not a citizen because his parents were unable to naturalize and ordered him to be deported. With legal support from the Chinese Consolidated Benevolent Association of San Francisco, he took his case to the Supreme Court and won.

Birthright citizenship guarantees that everyone born in the United States receives the rights and protections afforded to all Americans, including the ability to vote, work lawfully, and obtain a Social Security number. An estimated 153,000 children are born each year in the United States to noncitizen parents, including roughly 24,500 in California. Even as President Trump sought to strip away this fundamental constitutional right, polling has shown that a majority of Americans support maintaining birthright citizenship.

"The Supreme Court's decision is a victory not only for immigrant families, but for the Constitution and for every American," said Annie Lee, Managing Director of Policy at Chinese for Affirmative Action, the sponsor of AJR 5. "Birthright citizenship has provided a simple, universal rule for more than 150 years: if you are born here, you are a U.S. citizen. Today's ruling reaffirms the legacy of United States v. Wong Kim Ark, in that, our citizenship cannot be divided by race, ancestry, or the immigration status of one's parents."

"My great grandfather, Wong Kim Ark, never set out to become a symbol," said Norman Wong. "He was one man, only a cook, and yet he stood up for what was right, and I believe that it has made a difference. As a result, he stood up for the rights of all of us Americans - it just so happens that I am related to him. Today's ruling shows that his victory remains as important now as it was in 1898."