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United States v. Wong Kim Ark – 1898

The government claims that although Wong Kim Ark was born in California and has lived there his whole life, he is not a U.S. citizen and cannot return to his home in California after a temporary visit to China.
Can the government legally bar his entry back into the U.S.?



The Counsel

Solicitor General Conrad for the government; Maxwell Evarts and J. Hubley Ashton for Wong Kim Ark

The Judge

U.S. Supreme Court Justice Horace Gray

Wong Kim Ark (Courtesy of the National Archives and Records Administration, ARC # 296479)


1.Wong Kim Ark's parents are both Chinese and subjects of the Emperor of China; Wong Kim Ark's language, color, and dress indicate that he is a Chinese laborer.

2.Wong Kim Ark does not belong to any of the privileged classes enumerated in any of the Chinese Exclusion Acts [statutes passed in 1882 restricting Chinese immigration], so provisions in those acts exclude him from U.S. citizenship.

3.Large numbers of Chinese immigrant laborers are incapable of assimilating themselves into American life and endanger the public interest and good order.

4.Wong Kim Ark was claimed by China upon his birth and has therefore not been "subject to the jurisdiction" of the United States.


1. The government's cited facts are irrelevant because his right to citizenship through birth in the U.S. is protected by the Fourteenth Amendment to the U.S. Constitution, which reads in part, "…all persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States."

2.Because he is a U.S. citizen, the Chinese Exclusion Acts do not apply to him in the first place - and the government concedes this.

3.It was the intent of Congress in passing the Fourteenth Amendment to prevent prejudice and racism by guaranteeing the right of citizenship to all those born in the country, not simply those of certain races.

4.Ark has always been treated as a U.S. citizen and paid taxes to the U.S. government.

Continue to the Judgement
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