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Writer's picture SoS Team

The Chinese Exclusion Act: Wong Kim Ark

Updated: May 2, 2019

In 1873, Wong Kim Ark was born in San Francisco, California to Chinese immigrant parents. Nine years later, the Chinese Exclusion Act was passed, denying naturalization and citizenship to Chinese immigrants. In 1890, he left the country to visit his parents who had since returned to China and upon his return, was recognized as a “native born citizen” by customs officials. After he turned 21 years old, he again left the country, but this time, was denied re-entry due to claims that he was actually not a U.S. citizen.


The Fourteenth Amendment of the Constitution states that individuals born in the United States are citizens, but Wong Kim Ark’s situation clearly contradicts this. He fought his case until it reached the Supreme Court, where it was decided that the Chinese Exclusion Act “must be construed and executed in subordination” to the Fourteenth Amendment. In a 6-2 decision, it was ruled that children born in the U.S. to immigrant parents were citizens, with the exception if the parents were foreign diplomats. Therefore, the government cannot deny citizenship to any individual born in the U.S., including Chinese-Americans. Additionally, it was ruled that since Wong Kim Ark was an American citizen, the Chinese Exclusion Act did not apply to him. This decision was monumental because it set the most powerful and clear precedent in regard to the equality of U.S. citizenship.



Identification Photograph on Affidavit “In the Matter of Wong Kim Ark, Native Born Citizen of the United States.” (Department of Justice/National Archives)

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