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U.S. birthright citizenship established by 1898 San Francisco case involving Chinatown resident

San Francisco Chinatown resident's 1898 case established birthright citizenship as settled law
San Francisco Chinatown resident's 1898 case established birthright citizenship as settled law 03:18

On Monday, President Trump signed an executive order seeking to end birthright citizenship, and Tuesday, 18 states including California filed a federal lawsuit to stop the order. Universal birthright citizenship has long been considered a constitutional right that got its start in San Francisco, thanks to a gutsy young man in Chinatown.

President Trump signed the order that would deny citizenship to people born here if they didn't have at least one parent who was a citizen or permanent resident.

"I have one message for President Trump. I'll see you in court," said California Attorney General Rob Bonta Tuesday, who is also a child of a single immigrant mother. At a Tuesday news conference, he announced that California had joined 17 other states in immediately challenging President Trump's attempt to end birthright citizenship.

"The president chose to start his second term by knocking down one of our country's foundational long-standing rights, and disregarding our nation's governing document," said Bonta.

The first sentence of the 14th 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." But it took an 1898 Supreme Court decision to establish that it applied to everyone, regardless of their parents' status or nation of origin. 

 A 20-year-old man named Wong Kim Ark, born and living in San Francisco's Chinatown, was denied reentry into the country after a visit to China on the basis of the Chinese Exclusionary Act. Despite rampant discrimination against the Chinese, he sued, saying the 14th Amendment guaranteed his citizenship for having been born here. 

It took a year for the court to issue its ruling, now considered a fundamental piece of constitutional law. UC Law San Francisco professor Matt Coles said he suspects the Trump administration will try to make the case that the phrase "subject to the jurisdiction thereof" means it somehow doesn't apply to the current immigrant community originating from south of the border.

"But here, I just don't see how it's possible for anyone to do that," said Coles. "The language is plain, it's straightforward, the court has already interpreted it. There's just no wiggle room. I think that this is a hair-brained idea, and 'Let's see what we can do. Let's try anything, why not?' I think the sense is, 'What can we lose?'"

Usually, executive orders take effect immediately, but the birthright challenge order includes a 30-day waiting period. Bonta said that will work in their favor as they seek an injunction before it can be implemented. Speaking at Tuesday's press briefing was Larry Yee, a member of San Francisco's Chinese Consolidated Benevolent Association, the same group that stood behind Wong Kim Ark more than 125 years ago.

"Whatever Trump says, we need to fight it and fight it to the max, and continue to fight this," said Yee. "Birthright is our right, is our civil right, is our economic right, and we'll continue to fight this."

It sounds like Wong Kim Ark wouldn't have wanted it any other way. 

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