- Nicholas Chan
- Communications Director, Office of Assemblymember Alex Lee
- (916) 319-2392
- nicholas.chan@asm.ca.gov
Birthright citizenship is enshrined in the Constitution, guaranteeing that all children born in the U.S. are citizens. In the face of President Trump’s attack on this fundamental right, Assemblymember Alex Lee introduced legislation to affirm the Legislature’s commitment to birthright citizenship and honor the Chinese American Wong Kim Ark, whose Supreme Court case guaranteed birthright citizenship to all children born in the U.S., regardless of their parents’ immigration status.
On his first day in office, Trump issued an executive order in an attempt to limit those entitled to birthright citizenship. In response, federal judges issued injunctions to block the government from enforcing Trump’s order. As the Supreme Court heads into oral arguments on Thursday, May 15, Assemblymember Lee’s Assembly Joint Resolution (AJR) 5 reinforces the Legislature’s opposition against Trump’s unlawful actions and cements California as a state that embraces its immigrant communities. The Assemblymember will present AJR 5 and recognize Wong Kim Ark’s great grandson, Norman Wong, on the Assembly Floor on Monday, May 19.
“Birthright citizenship is a pillar of the U.S. Constitution,” said Assemblymember Lee. “For over a century and a half, birthright citizenship has granted all those born in the U.S., including myself, the rights and protections every American is entitled to. Trump’s attempts to deny birthright citizenship is unconstitutional. AJR 5 shows the nation that the California Legislature is committed to defending this core principle of the Constitution, and pays tribute to Wong Kim Ark’s fight for this constitutional right.”
In 1895, 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. This year marks the 127th anniversary of United States v. Wong Kim Ark, and legislators including Assemblymember Alex Lee recently commemorated the occasion with Wong Kim Ark’s great grandson Norman Wong, community leaders, and local organizations in San Francisco's Chinatown.
(March 2025 community event to commemorate the 127th anniversary of United States v. Wong Kim Ark. Photo credit: Bob Hsiang.)
“President Donald Trump is threatening birthright citizenship, the constitutional right that one of my ancestors, Wong Kim Ark, fought for in a landmark 1898 Supreme Court case,” said Norman Wong. “His courage and legacy affirmed this right for millions of others who call America their home. Attacks led by this administration on the constitutional right my ancestor fought hard for are only meant to divide us further, but we cannot let that happen. I continue to honor Wong Kim Ark’s legacy, because it is my legacy, too.”
Ending birthright citizenship would strip an entire group of U.S. citizens of their rights and legal status. It is estimated that Trump’s executive order would lead to the wrongful denial of citizenship to roughly 150,000 U.S. born citizens annually, including 24,500 children born in California. They would lose access to U.S. passports and social security cards, lunch programs, healthcare, food assistance, student aid, and other essential services.
“Trump is trying to reshape America into a country where family unity, dignity, and respect is forfeited for exclusion, isolation, fear and violence,” said Santosh Seeram-Santana, Legislative Director of Chinese for Affirmative Action. “That’s not what America is or should be. Birthright citizenship is the bedrock principle enshrined in the Fourteenth Amendment of the U.S. Constitution. Trump cannot simply end it through an executive order. Today, we are proud to build on Wong Kim Ark’s legacy to defend and protect these principles for all American citizens.”