Tag: Citizenship

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AABANY Presents “Born American: United States v. Wong Kim Ark” at Cadwalader, Wickersham & Taft LLP

As Asian American, Native Hawaiian, and Pacific Islander Heritage (AANHPI) Month wound down, attendees gathered on May 27, 2026 in downtown Manhattan to watch the latest historical trial reenactment produced by the Asian American Bar Association of New York (AABANY) entitled Born American: United States v. Wong Kim Ark.

United States v. Wong Kim Ark, which established birthright citizenship as a Constitutional right in 1898, is AABANY’s 17th trial reenactment. This project brings to life notable cases involving Asian Americans, Native Hawaiians and Pacific Islanders, to spotlight significant ways that AANHPI individuals contributed to the legal, social, and political history of the United States. Reenactments are first performed at the National Asian Pacific American Bar Association (NAPABA) Convention in November, then again in May during AANHPI Heritage Month in New York. 

AABANY’s latest trial reenactment made its New York debut at Cadwalader, Wickersham & Taft LLP. Attendees settled in to watch a cast of 37 characters played by some 17 lawyers, including many AABANY members.

The reenactment had two narrators, who are also the writers, producers, and leaders of the AABANY Trial Reenactment team: Hon. Denny Chin, Senior United States Circuit Judge for the U.S. Court of Appeals for the Second Circuit, and Kathy Hirata Chin, a retired Partner of Crowell & Moring LLP and previously a retired Cadwalader Partner.

Other cast members included:

Anna Mercado Clark, Phillips Lytle LLP, Partner and Chief Information Security Officer (past NAPABA President, former AABANY Board Officer)

Vincent T. Chang, Law Clerk for Hon. James d’Auguste, Supreme Court, New York County, Commercial Division (former AABANY President)

Andrew T. Hahn, Hawkins, Delafield & Wood LLP, General Counsel (former AABANY, KALAGNY, and NAPABA President)

Yasuhiro Saito, Saito Law Group PLLC, Managing Partner

Francis H. Chin, Opensity Solutions, Senior Systems Engineer (AABANY Membership Director)

Yang Chen, Asian American Bar Association of New York, Executive Director (former AABANY President)

Pamela K. Chen, United States District Judge, Eastern District of New York

Concepcion A. Montoya, Hinshaw & Culbertson, Partner

Lauren U.Y. Lee, Korean American Family Service Center, Board of Directors; Cadwalader, Wickersham & Taft LLP, former Special Counsel

Kiyo A. Matsumoto, Senior United States District Judge, Eastern District of New York

Rose Cuison Villazor, Rutgers Law School, Professor of Law and Chancellor’s Social Justice Scholar

Jacob Chen, DGW Kramer LLP, Litigation Partner

Jane Kim, Wigdor LLP, Partner; former clerk for Hon. Denny Chin

Janicelynn Asamoto Park, Proskauer Rose LLP, Partner; former clerk for Hon. Denny Chin

Jessica C. Wong, Cadwalader, Wickersham & Taft LLP, Special Counsel

This reenactment was bookended by the case’s connection to current events. The narrators described President Donald Trump’s January 2025 Executive Order 14160, “Protecting the Meaning and Value of American Citizenship,” which sought to remove birthright citizenship from US-born children of parents who are undocumented or in the country temporarily. 

This case follows the story and life of Wong Kim Ark, who was born in San Francisco to Chinese immigrant parents in 1870, one of only 518 ethnic Chinese born in the United States that year. Wong took multiple trips back to China, before returning to America in 1894, at which point he was denied entry on the grounds of not being a citizen. 

That denial was appealed all the way to the United States Supreme Court. The question before the Court was whether Wong should follow the citizenship of his parents or of where he was born. The reenactment reconstructed the Supreme Court argument, for which no transcript exists, using the briefs, the resulting court opinions, news reports, and other historical documents. Arguments revolved around whether children born in the U.S. are “subject to the jurisdiction thereof,” under its plain meaning as stated in the Fourteenth Amendment. The original intent of Congress with regard to children born to foreign-born parents, as well as the implications of barring Wong Kim Ark’s birthright citizenship upon existing immigrant communities—European immigrants—and children of other nationalities, were also explored in the reenactment.

United States v. Wong Kim Ark affirmed Wong’s citizenship in a 6-2 decision in 1898, setting a legal precedent for more than a century. The majority ruling held that the 14th Amendment’s “ancient and fundamental rule of citizenship by birth within the territory” and its “peremptory and explicit language” all made Wong an American citizen.

However, Wong’s immigration troubles did not stop there, for either himself or his children. He lived in a time when anti-Chinese sentiment was rampant. Even within the decision itself, Justice John Marshall Harlan, for the dissent, wrote that “There is a race so different from ours that we do not permit those belonging to it to become citizens of the United States.” This captures the discrimination that society had at the time towards Chinese immigrants in America.

The reenactment further explored Wong’s life, as well as his family’s, after the Supreme Court’s ruling. Wong was later arrested in 1901 upon crossing the US-Mexico border, though the case was eventually dismissed—because of United States v. Wong Kim Ark. His four sons, born in China, faced intense scrutiny when they sought to come to the United States seeking citizenship as sons of a U.S. citizen. They faced heightened suspicion and interrogation that stretched over weeks or months of detention and aimed to determine their familial relationship to Wong, a form of scrutiny common to Chinese immigrants in the early 20th century. 

The end of the reenactment returned to Trump’s executive order. The many lawsuits and preliminary injunctions that responded to Trump’s January order make frequent reference to United States v. Wong Kim Ark as well-settled precedent for birthright citizenship. The reenactment shares the responses to Trump’s Executive Order, including one from Judge Deborah Boardman in Maryland, who said that the executive order “conflicts with the plain language of the 14th Amendment [and] contradicts 125-year old binding Supreme Court precedent.”

In this context, it becomes vitally important to revisit Wong Kim Ark’s life and times. Amid the prevalence of anti-immigrant rhetoric during the 1890s, United States v. Wong Kim Ark set precedent for generations of immigrants, including Asian Americans, and was reaffirmed throughout a series of 20th century Supreme Court cases, including INS v. Errico, 385 U.S. 214 (1966) and Plyler v. Doe, 457 U.S. 202 (1982).

A discussion panel and Q&A session followed the reenactment, where questions of relevance to current times were at the forefront. Attendees questioned and discussed how America would change if birthright citizenship gets overturned. Mere months ago, the Supreme Court heard oral arguments for Barbara v. Donald J. Trump, the class action against President Trump’s executive order banning birthright citizenship. It was especially enlightening to hear Judge Chin talk about how putting together this reenactment made him understand his own family’s immigration history better and shined a light on often unspoken parts of the Chinese immigrant experience.

The reenactment highlighted the reaction from Wong Kim Ark’s great-grandson Norman Wong. Norman said in an interview for a documentary, “We thought [birthright citizenship] was a dead issue. These were rights we did not have to fight for anymore. It wasn’t something that anybody would have to worry about. … Now I’m glad [my great-grandfather] stood up.” 

Following the reenactment, guests and participants enjoyed a networking and dinner reception, which included hors d’oeuvres, a dinner buffet, and a delicious handroll bar. Attendees mingled as they ate, reflecting on the reenactment and congratulating the actors for a job well done.

AABANY’s reenactment of United States v. Wong Kim Ark will be made available on AABANY’s trial reenactment website, where the script and materials can be shared upon request. AABANY’s past trial reenactment scripts are also available upon request. In fact, our most popular reenactment, “The Murder of Vincent Chin,” has been performed over 30 times globally. 

We are grateful to all of the participants in the reenactment for dedicating their time to this project. To learn more about the other trial reenactments AABANY has organized, please visit our reenactments website.

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Allen & Overy Presents AABANY Trial Reenactment: Oyama v. State of California

On May 24, AABANY and Allen & Overy (A&O) presented a reenactment of the historic case Oyama v. State of California, in commemoration of Asian American and Pacific Islander (AAPI) Heritage Month. This landmark case was reenacted by attorneys and law students to tell a captivating story involving AAPI litigants on an important constitutional case known to very few but which has resonance to the present day.

As described on the AABANY Trial Reenactments website:

Inspired by Prof. Rose Cuison Villazor’s law review article, “Rediscovering Oyama v. California: At the Intersection of Property, Race, and Citizenship,” 87 Wash. U. L. Rev. 979 (2010), the reenactment dealt with the California Alien Land Law which prevented “aliens ineligible from citizenship” – i.e., Japanese – from owning land. The case explored the ways in which denial of property rights also served to promote racial discrimination against the Japanese in California. In the case, Kajiro Oyama, a Japanese immigrant who was ineligible for United States citizenship at the time, bought a parcel of farmland which he deeded to his minor son Fred, who was born in the United States and was thus a citizen. Under the Alien Land Laws, this transaction was deemed a fraud and the State of California brought suit against Fred Oyama to escheat the property. The case went all the way up to the United States Supreme Court, where the statute’s constitutionality was placed before the Court for its review.

The in-person reenactment was followed by a lively panel discussion co-sponsored by A&O’s U.S. Asian Affinity Network. The discussion was led by A&O Partner John Hwang and Associate Rachel Lee and featuring guest speakers Professor Rose Cuison-Villazor and Shenyang Wu. As the Interim Co-Dean at Rutgers Law School, Professor Cuison-Villazor shared details of her personal discussion with the Oyama family in 2010 for her paper. Shenyang, a partner at Alpha Law NY PLLC and a co-founder of the Chinese American Legal Defense Alliance (CALDA), reinforced that sentiments from legislation like the Alien Land Act of 1913 are still alive by noting Texas lawmakers’ recent decision to restrict Chinese foreign nationals’ land ownership.

A particularly poignant moment during the panel occurred when Rachel Lee conducted an informal survey of the number of lawyers who had heard of the Oyama v. California case prior to the reenactment. In a room of more than 50 attorneys and law students, less than 5 people raised their hands. This demonstrates how much more work needs to be done for AAPI and the law in legal education and highlights the importance of reenactments like this. The significance of the case for the AAPI community extends beyond issues of immigration, residency, and land ownership. It symbolizes the power of every voice that deserves to be heard and every story that needs to be told.

We thank Allen & Overy and all of the participants in the reenactment for giving their time to raise awareness of the Oyama family’s legacy. For more information about AABANY’s trial reenactment project, visit https://reenactments.aabany.org/.  

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AABANY Co-Sponsors: A Reenactment of Ozawa & Thind

On Thursday, May 23, 2019, AABANY and SABANY co-sponsored a trial reenactment of two Supreme Court cases, Takao Ozawa v. United States (1922), and United States v. Bhagat Singh Thind (1923) at the Ceremonial Courtroom in 225 Cadman Plaza, Brooklyn. These cases revolved around the fight of two Asian Americans to become naturalized U.S. citizens.

Takao Ozawa, was born in Japan but moved to the United States at a young age in 1914. He attended the University of California, became a businessman, converted to Christianity, got married and had children in the United States. He sought to become a naturalized U.S. citizen, but his application was denied. His fight for citizenship went all the way to the Supreme Court, where he argued that people of Japanese descent should be classified as “free white persons” under the Naturalization Act of 1906. However, Justice Sutherland, writing for a unanimous Court, held that a person of Japanese descent could not be classified as “white.” In reaching that decision, the court relied on scientific evidence and found that the term “white persons” in the Naturalization Act of 1906 only includes persons of the “Caucasian race.”

Bhagat Singh was born in India and received his bachelor’s degree there before moving to the United States, seeking higher education in 1913. He completed his Ph.D. at the University of California and went on to give lectures in metaphysics. He also joined the U.S. Army during World War I and became the first turbaned Sikh man to serve alongside American soldiers. After the war ended, he was honorably discharged and applied for citizenship. His petition for citizenship was granted initially in Oregon, but government attorneys initiated proceedings to have it canceled on the grounds that he was not “white.” His case went to the Supreme Court, where he presented scientific evidence asserting that South Asians, such as himself, were actually of Aryan descent and therefore of the Caucasian race and thus he should be granted citizenship.

However, the Supreme Court held that even though it “may be true that the blond Scandinavian and the brown Hindu have a common ancestor in the dim reaches of antiquity … the average man knows perfectly well that there are unmistakable and profound differences between them today.” The court backtracked on the rationale it used in Ozawa, where it relied on scientific evidence to find that Takao Ozawa could not be classified as Caucasian, and therefore was ineligible for citizenship.

As a result of the Supreme Court’s rulings in Ozawa and Thind, many Asians were stripped of their citizenship retroactively, leading a man named Vaishno Das Bagai to take his own life. He left a note that read: “But now they come and say to me I am no longer an American citizen. What have I made of myself and my children? We cannot exercise our rights, we cannot leave this country. Humility and insults… blockades this way, and bridges burned behind.”

These two Supreme Court decisions are a stain on our great nation’s history. They set the precedent that being an American was not enough, that to be a real American you had to be “white” based on society’s perception of what qualifies as “white” during a given period of time in history.

The reenactment serves as a reminder of the struggles that Asian Americans had to endure in the past, and it highlights why we must continue to strive to create change for the future generations of Asian Americans.

We thank Judge Denny Chin and Kathy Hirata Chin for leading the reenactment program and thank our judicial all-star cast which included: EDNY Chief Judge Hon. Dora Irizarry, Hon. Kiyo Matsumoto, Hon. Pamela Chen, Hon. Peggy Kuo, Hon. Sanket Bulsara, and Hon. Faviola Soto.

Thanks to SABANY for performing this re-enactment. AABANY was proud to be a co-sponsor, presenting 1.5 CLE credits in the Diversity & Inclusion category.

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Citizenship Fair | The New York Public Library

Citizenship Fair | The New York Public Library

Applying for citizenship can be an exciting time for many immigrants. New York Public Library understands that  it is a complicated and costly process that can be challenging to complete. On May 20, 2017, Mid-Manhattan Library will be hosting an all-day Citizenship Fair. The event will take place between . The fair will feature local and government agencies, ready to assist new Americans with their citizenship applications. This free program is open to the public. Representatives from federal, state, and city agencies will be on-site offering presentations and workshops to help residents learn more about the resources available to manage the citizenship application, its cost and submission. Presentations include:

  • An overview of the process and requirements for qualifying and studying for the exam by U.S. Citizenship and, Immigration Services
  • Citizenship Eligibility and Application process with Lutheran Social Services of New York
  • If you are unable to come to the fair, please keep in mind that The New York Public Library offers a wide-range of services to assist New Yorkers with their citizenship needs, including the recently-launched NYCitizenship, which provides legal services and financial counseling at select libraries in the five boroughs, in partnership with the Mayor’s Office of Immigrant Affairs.

For more information about what’s available at the Library, please visit NYPL’s Immigrant Services Page.

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After a full day of CLE sessions and other programs, attendees at the NAPABA Northeast Regional/AABANY Fall Conference enjoyed a cocktail reception, sponsored by Day Pitney. Attendees from AABANY and the northeast affiliates, including from Canada, met, mingled, connected and re-connected over drinks and hors d’oeuvres. 

At the reception, the AABANY Law Review, which was launched at the 2011 Fall Conference, presented its first Scholarly Paper Prize to Greg Robinson (Professor of History at l’Université du Québec à Montréal)  for his article, In Defense of Birthright Citizenship: The JACL, the NAACP, and Regan v. King. Prof. Robinson accepted the award and offered brief remarks about his published work, to be released in the upcoming issue of the AABANY Law Review.

Also during the reception, Key Sponsor Hudson Court Reporting and Video and Elite Sponsor Baker Tilly held drawings for prizes. Congratulations to the raffle winners, and thanks to Hudson and Baker Tilly for being such strong supporters of AABANY!

Following the reception, several committees hosted dinners: The Real Estate/Solo Small Firm Committees hosted their dinner at S Dynasty, sponsored by Bank of America. The Litigation/Young Lawyers Committees had a wonderful Italian dinner at Aperitivo. The Bankruptcy/Corporate Law Committees had their dinner at Banc Café, thanks to sponsors UBS and Donlin Recano. Thomson Reuters sponsored the Intellectual Property Committee dinner at Fusia.

Right after the committee dinners, energetic attendees convened at Rare View Rooftop for the afterparty. The attendees enjoyed drinks and each other’s company while admiring panoramic views of the New York City skyline, at least until the rain came down. Not to be deterred by the downpour, guests took the party downstairs to Rare Bar & Grill on the ground floor to continue their post-conference celebration.

We hope everyone who came to the 2013 NAPABA Northeast Regional/AABANY Fall Conference had an enjoyable and productive time. We hope to see you at the 2013 NAPABA Annual Convention in Kansas City in November!

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