United States V. Wong Kim Ark

Case Title: United States v. Wong Kim Ark

*Citation: 169 *U.S. *649* (*1898*)

Facts

Material facts:

Wong Kim Ark was born in San Francisco, California, in 1873. His parents had gone to California from China. They were not citizens of the United States but retained their status as subjects of the emperor of China.

Legal facts:

Wong Kim Ark traveled to China in 1894. When he returned to California one year later, federal agents refused him admission to the United States because, they said, he was Chinese and not a citizen of the United States. Wong Kim Ark claimed U.S. citizenship because he was born in the United States. (Answers.com)

In the fourteenth amendment, all persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States. (P69)

Issue

Whether it will not have the effect of naturalizing the children of Chinese and Gypsies, born in this country? (P72)

Is the child of the Chinese immigrant in California a citizen? (P73)

Did a person of Chinese descent, born in the United States, have the right of U.S. citizenship?

The Decision or Holding:

Order Affirmed. The Fourteenth Amendment affirms the ancient and fundamental rule of citizenship by birth within the territory, in the allegiance and under the protection of the country, including all children here born of resident aliens, with the exceptions or qualifications of children of foreign sovereigns or their ministers, or born on foreign public ships, or of enemies within and during a hostile occupation of part of our territory, and with the single additional exception of children of members of the Indian tribes owing direct allegiance to their several tribes. The Amendment, in clear words and in manifest intent, includes the children born, within the territory of the United States, of all other persons, of whatever race or color, domiciled within in the United States. (P71)

Legal...