Birthright citizenship is a fundamental right that has been enshrined in the Constitution for over 150 years. In the wake of the federal government’s assault on this core principle, Assemblymember Alex Lee authored legislation affirming the California Legislature’s commitment to birthright citizenship. Assembly Joint Resolution (AJR) 5 passed the Senate Floor on September 2, and heads to the Assembly Floor for a final vote. On his first day in office, Trump issued an executive order to deny...
Birthright citizenship is a fundamental right that has been enshrined in the Constitution for over 150 years. In the wake of the federal government’s assault on this core principle, Assemblymember Alex Lee authored legislation affirming the California Legislature’s commitment to birthright citizenship. Assembly Joint Resolution (AJR) 5 passed the Senate Floor on September 2, and heads to the Assembly Floor for a final vote.
On his first day in office, Trump issued an executive order to deny citizenship for children of non-citizen parents. The order, which remains blocked by legal challenges, would strip an entire class of people of the right to vote, work lawfully, access federal benefits, and many other basic rights. It is estimated that 153,000 children nationwide, including 24,500 in California, would see their right to citizenship eliminated if the federal government implemented the executive order.
“Birthright citizenship is a bedrock of the American Dream,” said Assemblymember Lee. “We cannot let one President and his cronies abuse their federal powers, undo our long-standing civil rights laws, and redefine who becomes a citizen. AJR 5 shows the nation that the California State Legislature is committed to defending birthright citizenship, and the deep-rooted legal precedent set by the landmark Supreme Court case of Wong Kim Ark.”
Birthright citizenship is guaranteed by the 14th Amendment, which was ratified in 1868 following the Civil War. It ensured those who were formerly enslaved the right to citizenship and 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.
In commemoration of the 127th anniversary of the case, AJR 5 honors Wong Kim Ark’s fight for the fundamental right of birthright citizenship, and the legacy that he leaves behind. The bill is sponsored by Chinese for Affirmative Action.
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