On Wednesday, the Supreme Court heard arguments concerning potential restrictions to birthright citizenship, a case with the potential to overturn decades of established legal precedent regarding who qualifies for U.S. citizenship.

The Core of the Debate

The case centers around the interpretation of the 14th Amendment and its application to children born in the United States to parents who are not citizens. A potential ruling could declare that children born to parents unlawfully or temporarily in the U.S. are not automatically citizens.

Historical Context: United States v. Wong Kim Ark

San Diego legal expert, Professor David Schapiro, highlighted the historical significance of the 1898 Supreme Court case United States v. Wong Kim Ark. “The state of California argued that even though Wong was born in the state, because his parents did not have any kind of permanent status, that he was not a citizen,” Schapiro explained. “And the Supreme Court, with the language of the opinion, said, ‘Oh, yes, he is a citizen.’”

Community Concerns in San Diego

The potential changes have raised anxieties within San Diego’s Asian community. One San Diego resident, born to Chinese-Vietnamese immigrant parents, expressed her worries. “There’s definitely that worry of how this would impact the, you know, estimating millions of people and hundreds and thousands of families who have been coming to the United States for over 150 years,” she said. “Would this be impacted all the way up our family trees?”

“Perpetual Foreigners”

Community advocate, Erika Dang, emphasized the unique concerns of the Asian community, who have historically been viewed as “perpetual foreigners” despite generations of residency in the U.S. “The historic reasons that experienced at that time, we can’t forget that because unfortunately, still there’s still some societal and racist feelings present here for Asian Americans today,” Dang said.

Potential Implications and Uncertainties

Schapiro noted the potential for significant logistical challenges. “One thing you can say about birthright citizenship is it’s clear, if you’re born here, then you’re a citizen,” he said. “So, trying to document and prove who was a citizen and was not a citizen would be a major issue under this executive order.”

The case also raises questions about the status of foundlings – abandoned infants – and children whose parents’ immigration status is later discovered to be unlawful or temporary. A ruling is expected this summer.