US Immigration Policy: Trump may try to overturn law granting citizenship to those born in US
Updated 13:35, 12-Nov-2018
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02:36
In the run-up to the midterm elections, US President Donald Trump indicated he may try to alter the 14th Amendment to the US Constitution. It automatically grants citizenship to those born on US soil. The amendment was designed to ensure the right to citizenship for freed slaves. But a landmark Supreme Court case involving a Chinese American secured "birthright citizenship" for all. CGTN's Nathan King takes a look at the case.
1873 Wong Kim Ark was born in San Francisco to Chinese parents, part of the wave of Chinese immigration that helped build the transcontinental railroad that helped transform the US West Coast into what it is today.
But Ark would make legal history. Upon returning from a trip to China he was denied re-entry under the draconian laws of the Chinese Exclusion Acts. He challenged the decision in the US Supreme Court. His lawyers won. That enshrined the principle that all children born in the US are citizens of the country, regardless of their parents' citizenship status.
JOHN C. YANG ASIAN AMERICANS ADVANCING JUSTICE "The Wong Kim Ark case was very important for ensuring that you are defined as an American not by bloodline, but by being here being born here and working here as a person."
But 120 years on the nationalist administration of US President Donald Trump is questioning that right. White nationalists have become more prominent in the US and for many in the Chinese American community, it seems time is moving backwards.
JOHN C. YANG ASIAN AMERICANS ADVANCING JUSTICE "It is surprising in the sense that we feel at times we make progress, we feel at times we've become more accepting of all sorts of different communities and how they contribute to our society. And, unfortunately, I do think we are taking a backward step right now."
It's unlikely the Trump administration will be able to amend or ignore the 14th amendment, but they are proposing other steps, including limiting visas for Chinese students working on cutting-edge technologies like robotics, semiconductors and artificial intelligence.
"It's troubling and it's reminiscent of what happened back in the 1800s where opportunities were being cut off to Chinese Americans."
NATHAN KING WASHINGTON DC "Many immigrant groups including Chinese and other Asian Americans have come a long way in fighting for their rights since the time of Wong Kim Ark, but his case remains relevant today as a new wave of anti-Chinese and immigrant sentiment is growing in the United States. Nathan King, CGTN Washington."