By Jane Park
Washington, D.C.- About 100 protesters and immigrant advocacy groups, including the National Korean American Service and Education Consortium (NAKASEC) and Hamkae Center, have gathered outside the Supreme Court as oral arguments begin today in Trump v. CASA.
The groups protested the President’s controversial executive order ending birthright citizenship. But soon after the executive order, district judges in Washington, Massachusetts and Maryland imposed a nationwide injunction after they found the order in violation of the 14th Amendment. The executive order has not taken effect as a result. A nationwide injunction binds the federal government and its policies.
The hearing comes at an unusual time, as the Supreme Court typically hears oral arguments starting in October through December then January through April. But today signaled urgency around the issue.
“It’s important for all of us as an immigrant community, but it’s especially important for Asian Americans because very high percentage of Asians that are living in the United States come from a mixed status family, or that have a parents who are not born here,” said Young Woon Han, director of Organizing at NAKASEC. “That means that even for those who have citizenship, second and third, fourth generation Asian Americans, you know at home, they have a family member who’s not US citizen, but as children, they got the US citizenship because of this birthright citizenship.”
Trump v. CASA particularly examines lower district judges’ ability to impose injunctions, as Trump’s lawyers have specifically filed to end the injunctions. If they were to end, it would give leeway for Trump’s executive order ending birthright citizenship.
Counter protesters in favor of ending birthright citizenship and nationwide injunctions were also seen outside the Supreme Court.
U.S. Rep Grace Meng (D-NY), the chair of the Congressional Asian Pacific American Caucus, also appeared outside the Supreme Court.
“It’s because of Wong Kim Ark’s legacy that I, daughter of immigrants, can become a citizen by birthright and serve in the halls of Congress,” House Rep. and CAPAC Chair Grace Meng said. “65% of AANHPIs are foreign-born, and attacks on birthright citizenship will paint a target on our backs by questioning if we belong in this country, and if we are truly American”
Wong was born to Chinese immigrant parents in San Francisco in 1873. After returning from a trip abroad, the Chinese American was denied reentry into the United States during the height of the Chinese Exclusion era. He eventually took the federal government to the Supreme Court in 1898, where he helped secure citizenship for future children of immigrants.
In a landmark decision, the Court said Wong was entitled to citizenship under the 14th Amendment.
The 127-year-old case has served as a precedent in the argument for birthright citizenship.
Litigators representing CASA shared they presented strong arguments. The Supreme Court is expected to reveal its decision in a couple of weeks.
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