Tag: birthright citizenship

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NAPABA Advocacy Update

NAPABA Advocacy Update

July 2, 2025

Just over a month ago, NAPABA held its annual Lobby Day in Washington, DC. We convened our members in the Nation’s capital to support the Asian American, Native Hawaiian, and Pacific Islander (AANHPI) community, advance a fair and humane immigration system, defend the rule of law and the legal profession, and advance democracy and civil rights. With over 60 congressional meetings and over 20 states represented, NAPABA demonstrated its commitment to change the status quo for our community.

Since then, and since NAPABA’s last update to you, we have been tracking developments that impact our organization, our mission, our legal community, and the broader AANHPI community. Please find some of these updates below

I. NAPABA-Led Coalition Continues to Defend Birthright Citizenship

After our filing in the U.S. Court of Appeals for the Ninth Circuit in April 2025, NAPABA continued to lead a coalition of nearly 50 of its affiliates and national associates from across the country to defend birthright citizenship. Besides our amicus brief in the Ninth Circuit, which is available here, NAPABA filed substantially similar amicus briefs defending birthright citizenship in matters pending in the First Circuit and the Fourth Circuit. Those briefs can be viewed here and here.

Our brief explains the critical historical context behind United States v. Wong Kim Ark, 169 U.S. 649 (1898). The case was decided during an era of intense anti-Chinese sentiment, immigration restrictions, widespread violence, and mass expulsions. In Wong Kim Ark, the U.S. Supreme Court declared that birthright citizenship is automatically conferred to children born on American soil, even to those whose parents were from the most disfavored migrant group in the country at the time. NAPABA’s amicus brief underscores the importance of understanding Asian American legal history as a critical part of American history. Wong Kim Ark and other cases involving Asian American litigants in the late 19th century are foundational precedents for today’s immigration and civil rights law.  

Media outlets such as Law360 and the National Law Journal have covered NAPABA’s legal arguments.

On Friday, June 27, 2025, the U.S. Supreme Court narrowed the scope of the preliminary injunctions that can be available to pause the executive order limiting birthright citizenship. The Court did not address the constitutionality of the executive order. Thus, litigation will continue as does NAPABA’s advocacy. The question of a child’s citizenship in the United States ought not to be dependent on the stature or circumstances of their parents. Nor should it turn on whether a child is born in one state versus another. For the guarantees of the Fourteenth Amendment to be vindicated, birthright citizenship must apply to all children across the United States.  

II. NAPABA Condemns Political Violence and Hate

In recent weeks, we have witnessed incidents of hate and political violence that are antithetical to the values of our community and our country. In the early morning hours of June 14, 2025, an armed perpetrator shot two Minnesota state legislators and their respective spouses in the suburbs outside of Minneapolis in an “act of targeted political violence,” according to the Governor of Minnesota. State Representative Melissa Hortman and her husband, Mark, died. State Senator John A. Hoffman and his wife, Yvette, survived and sustained injuries from the attack.

Weeks earlier, on May 21, 2025, a deadly shooting in Washington, DC, targeted Israeli Embassy diplomats.  And on June 1, 2025, eight people in Boulder, Colorado, were injured when a perpetrator threw incendiary devices into a crowd during a demonstration intended to remember hostages in the Middle East. One of those injured died from her wounds.

On top of these horrific acts, some elected leaders have sought divisiveness rather than inclusion. In a social media post, a member of Congress expressed that it was “deeply troubling” that a Sikh faith leader, Giani Surinder Singh, led a prayer on the floor of the U.S. House of Representatives. The member, who had misidentified Giani Surinder Singh as Muslim, declared that Singh “should never have been allowed” to lead a prayer in Congress.

In the race for New York City’s mayor, some members of Congress have lodged Islamophobic comments against Zohran Mamdani, the winner of the primary election. One member of Congress posted an offensive cartoon of Mamdani, referred to Mamdani with a slur, and called on the Attorney General to institute denaturalization proceedings and remove him from the United States. Another member of Congress posted a photo on social media of Mamdani wearing a kurta and greeting others for an Eid service with the caption, “After 9/11, we said, ‘Never Forget.’ I think we sadly have forgotten.”  

Further, the U.S. Department of Justice, Bureau of Justice Statistics, revised the National Crime Victimization Survey and removed questions about gender identity and about hate crimes against transgender people. Previously, the questions on sexual orientation and gender identity allowed researchers, policymakers, and advocates to quantify the disproportionate victimization of the LGBTQ+ community. Comprehensive data collection surrounding hate crimes and hate incidents is critical in order to better combat such conduct and to take legislative action. NAPABA joined 90+ organizations opposing the decision. Following our advocacy, the Bureau of Justice Statistics reinstated the question pertaining to hate crimes involving gender identity.  

The Justice Department’s action preceded a recent decision of the U.S. Supreme Court to uphold a Tennessee law that banned hormone therapies for transgender minors.

Hate, regardless of the form, political violence, and the marginalization of vulnerable communities must be rejected. NAPABA will continue to oppose hate, support the diverse AANHPI community, and work to strengthen the rule of law and democracy.

III. NAPABA Calls for a Fair and Humane Immigration System

Fundamental to a fair and humane immigration system is one that is subject to constitutional limits, non-discriminatory, and ensures meaningful due process. Recent developments, however, brush against these values.

On May 28, 2025, the federal government announced that it would work to “aggressively revoke visas for Chinese students.”  This policy declaration has not only caused needless anxiety throughout our community, but it is also wholly misguided. While policymakers have the prerogative to address the legitimate national security concerns confronting the United States, they may not enact discriminatory policies like blanket visa revocations based only on national origin and alien land laws. Instead of measures that are tailored to an evidence-based, national security nexus, these recent policies foster an atmosphere of distrust that targets Asian Americans generally, not just the Chinese American community.

NAPABA is also concerned about the federal government’s invocation of the Alien Enemies Act. On June 2, 2025, NAPABA joined 60 other AANHPI organizations, led by the Japanese American Citizens League (JACL), in filing an amicus brief that urged the court to fulfill its role in preserving the right to due process and ensuring meaningful judicial review of executive orders. The last invocation of the Alien Enemies Act justified the incarceration of over 120,000 Japanese Americans during World War II. The amicus brief shared the stories of these Americans and their families. We urged the court to uphold the right of meaningful due process and judicial review of executive actions.

Lastly, starting on June 6, 2025, protests erupted in Los Angeles in response to federal immigration enforcement actions in the city. On June 7, 2025, for the first time in 33 years, the President deployed National Guard and military service members in Los Angeles to protect federal law enforcement and federal property. The protests continued until around June 15.

NAPABA recognizes the widespread anxiety throughout the AANHPI community and the broader immigrant community.  Whether involving the changes in immigration enforcement policy or the announcement of new immigration policies generally, the shifting landscape of immigration law has created much uncertainty. This includes a recent policy change from U.S. Immigration and Customs Enforcement pertaining to the removability of certain Vietnamese immigrants who arrived in the United States prior to 1995. Please visit the Asian Law Caucus’s website for more information.  

In the coming days, NAPABA will promote educational programming to cover many of these changes and more.  Please stay tuned.

We have a lot of work ahead of us, and the NAPABA Policy Team will do its part. But we need your partnership, too. Engage in our committees and networks and register for the NAPABA Convention in Denver, which will be held on November 6-8, 2025. We look forward to seeing you.

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NAPABA Statement in Response to the U.S. Supreme Court’s Decision in Trump v. CASA, Inc.

For Immediate Release:
Date: June 27, 2025		Contact
Rahat N. Babar, Deputy Executive Director

WASHINGTON – Today, in the cases involving challenges to the executive order that limits birthright citizenship, the U.S. Supreme Court narrowed the scope of the preliminary injunctions that can be available to pause the executive order before a final judgment can be rendered. This discrete, preliminary issue will now return to the district courts for them to craft an injunction that, in the Court’s view, is no “broader than necessary to provide complete relief to each plaintiff with standing to sue.” The Court did not address the constitutionality of the executive order.  

In the meantime, as the parties litigate over the scope of the injunctions, and as three federal courts of appeals evaluate the substantive challenges to the executive order, the National Asian Pacific American Bar Association (NAPABA) reaffirms the principles that underlie our amicus briefing to the courts that Executive Order 14160 must be set aside.

First, EO 14160 upends the Fourteenth Amendment’s promise of an equal claim of citizenship to all persons born in the United States. Under the plain text of the Fourteenth Amendment and longstanding historical precedent, EO 14160 is patently unconstitutional.

Second, EO 14160 distorts the holding of United States v. Wong Kim Ark, 169 U.S. 649 (1898). As we explained in our amicus brief, 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 underscored the historical significance of this precedent and the role of Asian Americans in shaping our nation’s foundational immigration and civil rights precedents.

Lastly, if EO 14160 is implemented, disproportionate harms would result for Asian American communities. In the United States, 65% of Asian American adults are immigrants. Asian immigrants account for a substantial percentage of the overall immigrant population, with 17% of all undocumented immigrants having Asian ancestry and more than 88% of individuals holding H-1B visas. Under EO 14160, children of these categories of immigrants would be excluded from citizenship, despite being born, raised, and educated in the United States and despite knowing no other country of allegiance.

The question of a child’s citizenship in the United States ought not to be dependent on the stature or circumstances of their parents. Nor should it turn on whether a child is born in one state versus another. For the guarantees of the Fourteenth Amendment to be vindicated, birthright citizenship must apply to all children across the United States. 

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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.

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NAPABA | Taking Action in 2025

Dear NAPABA Community,

Before the start of this new year, I wrote to you and shared not only my gratitude for an incredible 2024, but also our commitment to advance NAPABA’s mission heading into 2025. Though we are merely two months into the new year, we have already witnessed several developments that impact NAPABA’s work and the broader Asian American, Native Hawaiian, and Pacific Islander (AANHPI) community.

On his first day in office on January 20, 2025, President Donald J. Trump issued executive orders that jeopardized the constitutional guarantee of citizenship for all persons born in the United States, the right to seek asylum, the refugee resettlement system, and the LGBTQ+ community, among others. NAPABA swiftly condemned these actions, which ran counter to our values. Since then, the federal government has enacted a slew of policies, which have already drawn significant concern for the rule of law, in addition to attacks on lawful diversity, equity, and inclusion initiatives both within the federal government and the private sector.  

When it comes to our values, our words of disagreement are not enough. NAPABA is charged to promote justice and equity for the AANHPI community. My team is closely monitoring developments from the federal government, and we are working with stakeholders, coalition partners, policymakers, and others to respond appropriately.

NAPABA is prepared to act. I have outlined below, in broad strokes, our intended course of action and how you can get involved. In the coming weeks and months, and with your partnership, we plan to meaningfully support our community and actively counter policies that detrimentally affect the AANHPI community.

I. Direct Support for NAPABA Affiliates and National Associates

NAPABA stands ready to deliver financial support to our affiliates and national associates for their work in the community. As leaders in their respective regions, affiliates and national associates can act as trusted messengers delivering pivotal information and services to their members and broader AANHPI communities. We will prioritize projects that speak to the challenges today: for example, educational seminars on the state of immigration, pro bono initiatives to support heightened immigration needs of the Asian American population, funding language translations for educational materials and resources, and local and state advocacy efforts that align with NAPABA values and positions. To apply for funding, please visit our website.

Building on the work of the NAPABA Diversity, Equity, and Inclusion Task Force, we plan to create toolkits for our affiliates and national associates. They will include resources to advance the work of diversity, equity, and inclusion, and immigration resources such as hosting naturalization clinics and the creation of attorney directories that address priority areas like immigration law.

II. NAPABA Engagement with Policymakers

The NAPABA Policy Team leads our engagement with stakeholders and policymakers at the federal and state levels. We advance our policy priorities, whether it be in our opposition to anti-Asian hate and discriminatory alien land law policies to our support for voting rights. Now, as our engagement will necessarily go deeper, we are investing in an expansion of our Policy Team.  

Plus, the planning is well underway for our upcoming Lobby Day, which is scheduled for May 20-21, 2025, in Washington, DC. As the largest AANHPI advocacy effort on Capitol Hill, NAPABA Lobby Day will bring our members from across the Nation to the halls of Congress to demonstrate not only the strength of our community, but also to advance the critical issues facing the AANHPI community. Our members will meet with Congressional offices on both sides of the aisle to highlight the causes important to us and our communities. Your voice is pivotal. For more information on Lobby Day and to register, please visit our website.

III. Narrative Change and Education
In the coming weeks and months, NAPABA will highlight how recent actions from the federal government not only impact our communities, but also the critical role that the AANHPI communities played in the development of the rights that we cherish today. Whether it be on birthright citizenship, the right to asylum and the refugee resettlement program, or the barriers that our community faces in the legal profession, NAPABA will uplift those stories and our history, which are intertwined with the fabric of American life today. Please be on the lookout through our social media channels, our website, and email for additional educational resources and programming. These efforts will be on top of the multitude of informative programs during the Nation’s largest convening of legal professionals: the NAPABA Convention in Denver, Colorado, on November 6-8, 2025.

NAPABA has an exceptionally talented and enthusiastic full-time staff, but we cannot carry out our work without you. The strength of NAPABA is comprised of passionate and energetic volunteers like you. As I mentioned above, here are some ways where you can get involved:

  1. Submit a CLE Program Proposal for the 2025 NAPABA Convention. Submission. deadline is March 14, 2025.
  2. Register and participate in NAPABA Lobby Day on May 20-21, 2025.
  3. Join a NAPABA Committee and Network to engage with professionals in your practice area or who share your affinity.
  4. Register and attend the 2025 NAPABA Convention. Registration opens in June 2025.

Lastly, we want to hear from you with any suggestions. Please don’t hesitate to email us at advocacy@napaba.org with your thoughts.

Regardless of the challenges, NAPABA remains focused on the work ahead, and I hope that you will join us in the journey.

Very truly yours,


Priya Purandare
Executive Director

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NAPABA Condemns President Trump’s Executive Orders Targeting Birthright Citizenship, Refugee Resettlement, Asylum Protections, the LGBTQ+ Community, and Diversity, Equity, and Inclusion

For Immediate Release: January 22, 2025Contact:
Rahat N. Babar, Deputy Executive Director

WASHINGTON – On his first day in office, President Donald J. Trump issued executive orders that jeopardize the constitutional guarantee of citizenship for all persons born in the United States, the right to seek asylum, the refugee resettlement system, the LGBTQ+ community, and several other critical areas impacting our community as outlined below. The National Asian Pacific American Bar Association condemns these actions unequivocally. They run counter to the core values of NAPABA, the interests of the Asian American, Native Hawaiian, and Pacific Islander (AANHPI) community, and the tenets of this Nation.

Birthright Citizenship for U.S.-Born Individuals

Since the end of the Civil War, the Fourteenth Amendment promised future generations that they would be treated equally under the law. It also included an equal claim to citizenship to all persons born in the United States, regardless of stature or the circumstances of their parents. The executive order upends that promise. It refuses to recognize the birthright citizenship of any child born in the United States to a moth er 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.

The Asian American community is no stranger to such unconstitutional attacks. More than 125 years ago, a young Chinese American, Wong Kim Ark, who was born in San Francisco, sought to return to the United States after a trip to visit his family in China. The government denied him entry and claimed that he was not an American citizen. The U.S. Supreme Court disagreed, holding that a child born in the United States to noncitizen parents is entitled to automatic citizenship. United States v. Wong Kim Ark, 169 U.S. 649 (1898). Congress confirmed that understanding in federal law. See 8 U.S.C. § 1401.

Wong Kim Ark is settled law. If the executive order is left to stand, countless families within the Asian American community—the majority of whom are immigrants and the children of immigrants—would be impacted, unsettling their lives. The fundamental constitutional guarantee to citizenship cannot be discarded by a stroke of the pen, and NAPABA strongly opposes any effort to weaken the right under the Fourteenth Amendment.

NAPABA commends the ACLU, the Asian Law Caucus, and the coalition of states led by New Jersey Attorney General Matthew J. Platkin for promptly challenging the executive order in court.

Asylum, Refugee Resettlement, and Trust with Immigrant Communities

NAPABA recognizes the need to address the situation at our southern border. But we must not compromise our values as a Nation that welcomes immigrants and protects refugees. The President’s executive order eliminates any avenue for individuals—including many who hail from Asian countries—to claim asylum at the southern border. The order also suspended the entry of refugees under the U.S. Refugee Admissions Program.

These executive actions are inconsistent with our country’s obligation under domestic and international law to provide refuge to those fleeing persecution and war. With nearly three million such refugees from Southeast Asia fleeing conflicts in the 1970s and new generations arriving since, the protections offered by the United States as a leading signatory to the International Refugee Convention and 1967 Protocol are critical to uphold.

The Asian American story is one of perseverance, with countless numbers throughout history fleeing persecution for a better life in the United States. We need not turn our back on history or the generations seeking refuge. NAPABA has consistently supported the refugee resettlement program and this Nation’s long history of welcoming those from Asia seeking the protections of our Constitution.

Further, our immigrant communities are better served and safer where there is trust. Coercing state and local law enforcement agencies to carry out federal civil immigration enforcement undermines that trust and damages the relationship with the communities that they serve. For the Asian American community that endured the recent wave of anti-Asian hate, the fear of immigration consequences places an unnecessary obstacle to report and address hate crimes.

In another executive order, the President sought to restrict federal funds to jurisdictions “which seek to interfere with the lawful exercise of Federal [immigration] enforcement operations.” The choice by state and local leaders to decline voluntary cooperation with federal civil immigration enforcement is not only lawful, but one that prioritizes the best interests of their communities. Jurisdictions ought not to be penalized for advancing public safety in their region.

Diversity, Equity, and Inclusion

In a call to action several months ago, NAPABA emphasized how the majority of diversity, equity, and inclusion initiatives serve to increase access and opportunity, not stifle them. President Trump’s action to eliminate those efforts in the federal government is misguided and impacts AANHPI communities. The executive order purports to advance “equal dignity and respect,” yet its actions yield the opposite.

Diversity, equity, and inclusion efforts minimize bias and barriers while fostering unity. And contrary to the executive order, not only do such initiatives advance the promises of the Civil Rights Act of 1964, they bring greater meritocracy to our workplaces, unlocking individual potential and belonging across the board where everyone has a fair shot at success.

LGBTQ+ Dignity

Every person, regardless of how they identify their gender, deserves respect, dignity, and the equal protection of the law. Another executive order attacks and jeopardizes the transgender and broader LGBTQ+ community, potentially undermining workplace and school protections, and denying access to essential public services and health care.

NAPABA firmly believes in the rights and dignity of the LGBTQ+ community. Just recently, NAPABA opposed H.R. 28, which would exclude those in the transgender, nonbinary, and intersex community from athletic programs in schools. The policies of government ought to be guided by the inclusion of all segments of our communities, not the exclusion of the most vulnerable.

Capital Punishment

In another executive order, the President reversed the last administration’s moratorium on capital punishment and reauthorized the Attorney General to pursue the death penalty. NAPABA stands opposed to the death penalty, which is disproportionately imposed on members of minority groups, individuals suffering from mental illness, and individuals raised in poverty. It does not deter crime, and it is not necessary for the administration of justice. We reiterate our call that the death penalty be abolished.

NAPABA is a nonpartisan, nonprofit organization representing the interests of well over 80,000 AANHPI legal professionals. Our community is diverse, spanning across cultures, language, and political ideologies. NAPABA has worked diligently with presidents, administrations, and congressional members of both parties to advance the interests of our community.

But as an organization of legal professionals, we bear a special responsibility to uphold the rule of law. Regardless of the presidential administration, NAPABA will continue to advance justice, with the AANHPI community at the forefront along with all communities of color, our values, and our policy positions.

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The National Asian Pacific American Bar Association (NAPABA) represents the interests of over 80,000 AANHPI legal professionals and nearly 90 national, state, and local APA bar associations. NAPABA is a leader in addressing civil rights issues confronting Asian American, Native Hawaiian, and Pacific Islander communities. Through its national network, NAPABA provides a strong voice for increased diversity of the federal and state judiciaries, advocates for equal opportunity in the workplace, works to eliminate hate crimes and anti-immigrant sentiment, and promotes the professional development of people of all backgrounds in the legal profession.

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