The first sentence of the Fourteenth Amendment reads: “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.”
In the short term, Americans recognized that the Fourteenth Amendment overturned the 1857 Dred Scott v. Sandford decision, in which the Supreme Court ruled that people of African descent “are not included, and were not intended to be included, under the word ‘citizens’ in the Constitution, and can therefore claim none of the rights and privileges which that instrument provides for and secures to citizens of the United States.” The Fourteenth Amendment established that Black men were citizens.
But the question of whether the amendment really did recognize the citizenship of the U.S.-born children of immigrants quickly became an issue in the American West, where prejudice against Chinese immigrants ran hot. In 1882, during a period of racist hysteria, Congress passed the Chinese Exclusion Act declaring that Chinese immigrants could not become citizens. But what about their children who were born in the United States?
Wong Kim Ark was born around 1873, the child of Chinese parents who were merchants in San Francisco. In 1889 he traveled with his parents when they repatriated to China, where he married. He then returned to the U.S., leaving his wife behind, and was readmitted. After another trip to China in 1894, though, customs officials denied him reentry to the U.S. in 1895, claiming he was a Chinese subject because his parents were Chinese.
Wong sued, and his lawsuit was the first to climb all the way to the U.S. Supreme Court, thanks to the government’s recognition that with the U.S. in the middle of an immigration boom, the question of birthright citizenship must be addressed. In the 1898 U.S. v. Wong Kim Ark decision, the court held by a vote of 6–2 that Wong was a citizen because he was born in the United States.
That decision has stood ever since, as a majority of Americans have recognized the principle behind the citizenship clause as the one central to the United States: “that all men are created equal” and that a nation based on that idea draws strength from all of its people.
On the last day of his presidency, in his last speech, President Ronald Reagan recalled what someone had once written to him: “You can go to live in France, but you cannot become a Frenchman. You can go to live in Germany or Turkey or Japan, but you cannot become a German, a Turk, or a Japanese. But anyone, from any corner of the Earth, can come to live in America and become an American.”
He continued: “We lead the world because, unique among nations, we draw our people—our strength—from every country and every corner of the world. And by doing so we continuously renew and enrich our nation. While other countries cling to the stale past, here in America we breathe life into dreams. We create the future, and the world follows us into tomorrow. Thanks to each wave of new arrivals to this land of opportunity, we’re a nation forever young, forever bursting with energy and new ideas, and always on the cutting edge, always leading the world to the next frontier. This quality is vital to our future as a nation. If we ever closed the door to new Americans, our leadership in the world would soon be lost.”
Heather Cox Richardson: April 26, 2025