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.
