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Carl Nackenoff - American by Birth: Wong Kim Ark and the Battle for Citizenship

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American by Birth explores the history and legacy of Wong Kim Ark and the 1898 Supreme Court case that bears his name, which established the automatic citizenship of individuals born within the geographic boundaries of the United States. In the late nineteenth century, much like the present, the United States was a difficult, and at times threatening, environment for people of color. Chinese immigrants, invited into the United States in the 1850s and 1860s as laborers and merchants, faced a wave of hostility that played out in organized private violence, discriminatory state laws, and increasing congressional efforts to throttle immigration and remove many long-term residents. The federal courts, backed by the Supreme Court, supervised the development of an increasingly restrictive and exclusionary immigration regime that targeted Chinese people. This was the situation faced by Wong Kim Ark, who had been born in San Francisco in the 1870s and who earned his living as a cook. Like many members of the Chinese community in the American West he maintained ties to China. He traveled there more than once, carrying required re-entry documents, but when he attempted to return to the United States after a journey from 1894 to 1895, he was refused entry and detained. Protesting that he was a citizen and therefore entitled to come home, he challenged the administrative decision in court. Remarkably, the Supreme Court granted him victory.This victory was important for Wong Kim Ark, for the ethnic Chinese community in the United States, and for all immigrant communities then and to this day. Though the principle had links to seventeenth-century English common law and in the United States back to well before the American Civil War, the Supreme Courts ruling was significant because it both inscribed the principle in constitutional terms and clarified that it extended even to the children of immigrants who were legally barred from becoming citizens. American by Birth is a richly detailed account of the case and its implications in the ongoing conflicts over race and immigration in US history; it also includes a discussion of current controversies over limiting the scope of birthright citizenship.

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Carl Nackenoff
American by Birth: Wong Kim Ark and the Battle for Citizenship

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Contents
American by Birth American by Birth Wong Kim Ark and the Battle for - photo 1

American by Birth

American by Birth

Wong Kim Ark and the
Battle for Citizenship

Carol Nackenoff and Julie Novkov

American by Birth Wong Kim Ark and the Battle for Citizenship - image 2University Press of Kansas

2021 by the University Press of Kansas

All rights reserved

Published by the University Press of Kansas (Lawrence, Kansas 66045 ), which was organized by the Kansas Board of Regents and is operated and funded by Emporia State University, Fort Hays State University, Kansas State University, Pittsburg State University, the University of Kansas, and Wichita State University.

Library of Congress Cataloging-in-Publication Data

Names: Nackenoff, Carol, author. | Novkov, Julie, 1966 author.

Title: American by birth : Wong Kim Ark and the battle for citizenship / Carol Nackenoff and Julie Novkov.

Description: Lawrence : University Press of Kansas, [ 2021 ] | Includes bibliographical references and index.

Identifiers: LCCN 2020040363

ISBN 9780700631926 (cloth)

ISBN 9780700631933 (epub)

Subjects: LCSH: CitizenshipUnited States. | ImmigrantsLegal status, laws, etc.United States. | Emigration and immigration lawUnited States. | United States. Constitution. 14 th Amendment. | Ark, Wong Kim. | Asian AmericansLegal status, laws, etc.

Classification: LCC KF 4700 .N 33 2021 | DDC 342 . 7308 / 3 dc 23

LC record available at https://lccn.loc.gov/ 2020040363 .

British Library Cataloguing-in-Publication Data is available.

Printed in the United States of America

10 9 8 7 6 5 4 3 2 1

The paper used in the print publication is acid free and meets the minimum requirements of the American National Standard for Permanence of Paper for Printed Library Materials Z 39 . 48 - 1992 .

Contents
Acknowledgments

Our journey toward American by Birth: Wong Kim Ark and the Battle for Citizenship began with a collaboration we initiated for what became a symposium issue on the Family, the State, and American Political Development for Polity ( 2016 ), and we thank editor Roger Karapin for suggesting that project. Additional aspects of our research, focusing on the relationship between federal courts and administrative agencies in determining the minimum legal protections the Chinese should be accorded in a tightening exclusion regime, appeared in our coedited volume, Stating the Family: New Directions in the Study of American Politics (University Press of Kansas, 2020 ). Everyone involved in these projects helped us think about how we would come to frame Wong Kim Arks story.

We thank David Congdon, Acquisitions Editor in Political Science and Law, University Press of Kansas, for suggesting this project to us and encouraging us at every step in the process. Reviewer Sam Erman and one anonymous reviewer made American by Birth a much better book.

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