NAPABA Leads Broad Coalition to Defend Birthright Citizenship in Court

Over 40 national, state, and local bar associations join NAPABA to oppose Executive Order 14160.

NAPABA corrects the federal government’s misreading of U.S. v. Wong Kim Ark.

NAPABA highlights the detrimental impact on the Asian American community if EO 14160 is upheld.

WASHINGTON – The National Asian Pacific American Bar Association (NAPABA) and 43 of its affiliates and national associates from across the country joined forces to defend the fundamental constitutional guarantee of citizenship. Led by NAPABA, the coalition filed an amicus brief, which can be found here, with the U.S. Court of Appeals for the Ninth Circuit in State of Washington v. Donald J. Trump.

The Fourteenth Amendment of the U.S. Constitution promises every person equal treatment under the law. It also includes an equal claim of citizenship to all persons born in the United States, regardless of the stature or circumstances of their parents.

Executive Order 14160 upends that promise. It refuses to recognize the birthright citizenship of any child born in the United States to a mother who is lawfully present on a temporary basis, like those on work or student visas, and a father who is neither a U.S. citizen nor a lawful permanent resident.

In our amicus brief, NAPABA and the coalition highlight the core principles established in United States v. Wong Kim Ark, 169 U.S. 649 (1898). The Court upheld the conferral of citizenship to children born in the U.S. to non-citizen parents under the Fourteenth Amendment’s Citizenship Clause. The brief underscores the historical significance of this precedent, the role of Asian Americans in shaping our nation’s foundational immigration and civil rights precedents, and the disproportionate harms that EO 14160, if upheld, would visit upon Asian American communities.

EO 14160 distorts the holding of Wong Kim Ark. The federal government misreads the Court’s 1898 description of Wong’s parents as having a permanent residence in the U.S. Our brief explains this oversimplification by recounting the historical discrimination Chinese migrants faced in the late 19th century. Under this backdrop, their presence in the country was a far cry from the lawful permanency afforded to today’s green card holders. At that time, the Chinese immigrants were excluded from full participation in civic life and systematically denied the ability to integrate into American society. They faced mass violence and a cascading series of exclusionary laws designed to expel them. By drawing this parallel, NAPABA underscores how EO 14160 would disproportionately harm Asian American communities, echoing the same past exclusionary motives.

We extend our heartfelt gratitude to our exemplary legal team for their tireless work behind the brief, including Rahat N. Babar, who serves as NAPABA’s Deputy Executive Director and General Counsel, Edgar Chen, who serves as NAPABA’s Special Policy Advisor, and Chris M. Kwok, who serves as co-chair of NAPABA’s Dispute Resolution Committee.

NAPABA & APIAHF Launch Combat Hate Crimes Toolkit in 24 Languages

In the wake of the coronavirus pandemic, there have been nearly 4,000 recorded hate incidents against the Asian American community, and this number continues to rise. Earlier this week, President Biden announced additional actions to respond to Anti-Asian Violence, Xenophobia and Bias. Attorney General Garland announced a 30-day review to assess the government’s tracking capabilities and prosecution of hate offenses that are surging across the country. The National Asian Pacific American Bar Association (NAPABA) and the Asian & Pacific Islander American Health Forum (APIAHF) are working with the Biden Administration to identify problems and to offer solutions in combating hate crimes.

NAPABA and APIAHF have collaborated to urgently develop a community Combat Hate Crimes Toolkit, which provides basic and critical information for victims, community-based organizations and community leaders. The toolkit, created under the National AA and NHPI Health Response Partnership, is translated into 24 different languages—the single largest collection of AANHPI translated materials ever and includes:

  • Understanding the difference between a hate crime and hate incident
  • Working with law enforcement and the media
  • Checklist for community organizations
  • Frequently asked questions

ACCESS NOW

Our organizations are committed to expanding this toolkit and increasing the availability of languages to provide critical information needed by our community. Combatting anti-Asian hate and violence is essential to enhancing the safety and security of our community, including seeking health care. If your community-based organization is interested in co-branding the toolkit with us, please contact Abram Garcia so we can help assist.

AABANY Congratulates Chris Kwok on Getting Published in the Berkeley Law Asian American Law Journal

The Asian American Bar Association of New York (“AABANY”) congratulates Issues Committee Chair, Asia Practice Committee Co-Chair and Board Director Chris Kwok on his recent law review article about the Specialized High Schools Admissions Test (“SHSAT”) in the Berkeley Law Asian American Law Journal. The article, “The Inscrutable SHSAT,” can be found in Volume 27, at page 32. Click here to read the full text.

The article begins with a detailed discussion regarding Mayor Bill de Blasio’s exclusion of the Asian American community in attempting to eliminate the SHSAT and the ensuing backlash that derailed the proposed plan. The discussion then shifts toward alternative explanations for the racial composition of the specialized high schools and how the rise of Prep for Prep, Charter Schools, and School Choice have contributed to the decline of African American and Latinx students in those schools. Finally, the article concludes with an overall commentary on the current position of Asian Americans within America’s “racial matrix” and stresses the need to shift away from antiquated frameworks of social justice toward a more current and nuanced understanding of Asian Americans in politics today.

Aside from his recent publication, Chris has organized numerous panels and discussions regarding Asian American rights in the corporate sphere and beyond. AABANY applauds Chris for his insights on the shifting nature of race relations today and his commitment toward advancing the rights and interests of the Asian American community. Click here to read AABANY’s previous profile on Chris.

AABANY Signs onto NCAPA Letters to Congressional Leadership Urging Them to Denounce Racism and Xenophobia Arising from COVID-19

On March 11, 2020, the National Council of Asian Pacific Americans (NCAPA) sent two letters to House and Senate leadership, urging them to call for unity and publicly denounce the increase in racist attacks and discrimination against the Asian American community, in the wake of rising concerns over the Coronavirus Disease 2019 (COVID-19).

AABANY is proud to be among the signatories for these letters. While we recognize the growing public health and economic threat the virus poses, we believe our leadership needs to be grounded in truth and committed to taking on racism and xenophobia directly.

The letter to House leadership can be viewed here: https://www.aabany.org/resource/resmgr/pdfs/2020/NCAPA_Letter_to_House_Leader.pdf

The letter to Senate leadership can be viewed here: https://www.aabany.org/resource/resmgr/pdfs/2020/NCAPA_Letter_to_Senate_Leade.pdf