In 1894, Wong Kim Ark, a twenty-one-year-old Chinese American born in San Francisco, visited his parents in China. Returning the following year, he was denied permission to reenter the country. Once again, despite two setbacks, the Chinese took their case to the courts. Filing a writ of habeas corpus, Wong Kim Ark argued that his native birth entitled him to the privileges of American citizenship. His case would also eventually reach the U.S. Supreme Court.

At stake was the very definition U.S. citizenship. Would the Supreme Court embrace the judicial principle of jus soli (“law of the soil”), whereby a person obtained citizenship simply by virtue of being born in America? Or would it turn to the racial principle of jus sanguinis (“law of blood”), by which the citizenship of a child would be determined by the citizenship of his or her parents? In theory, with the passage of the Fourteenth Amendment, the United States had embraced the right of birthright citizenship, but in practice, the government had failed to protect the full privileges of citizenship of blacks and Native Americans. Legally, the Wong Kim Ark affair forced the Court to determine whether nonwhites born in the United States would be entitled to U.S. citizenship on the same basis as that applied to whites or be relegated to a permanent foreign underclass.

To the credit of the Supreme Court, the majority opinion ruled on March 28, 1898, in Wong Kim Ark’s favor, declaring that all children born in the United States are American citizens, even if their parents are ineligible for naturalization. In his dissent, Chief Justice Melville Fuller insisted that all Chinese, native or foreign born, should be ineligible for citizenship, because he believed that no matter where they lived, they owed their allegiance to the emperor of China. But Justice Horace Gray, speaking for the majority, declared, “The fact … that acts of Congress or treaties have not permitted Chinese persons born out of this country to become citizens by naturalization cannot exclude Chinese persons born in this country from the operation of the broad and clear words of the Constitution: ‘All persons born in the United States, and subject to the jurisdiction thereof, are citizens of the United States.’ ” (Chang 137-138)