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As craft brewers grapple with everything from rising costs to tariffs, brewers are finding creative ways to adapt. \u003c/span>\u003c/li>\n\u003cli style=\"font-weight: 400\">\u003cspan style=\"font-weight: 400\">A Sacramento woman who was deported to Mexico in February – despite protection under DACA, or Deferred Action for Childhood Arrivals – is speaking out about her treatment after \u003ca href=\"https://apnews.com/article/deportation-return-mexico-california-daca-c1b4f63a6732496c006d29db7ca558ad\">returning to the US. \u003c/a>\u003c/span>\u003c/li>\n\u003cli style=\"font-weight: 400\">\u003cspan style=\"font-weight: 400\">A retired Bay Area carpenter is in Washington DC Wednesday morning for \u003ca href=\"https://www.kqed.org/news/12078171/as-supreme-court-weighs-birthright-citizenship-sf-advocates-are-ready-to-stand-up\">the Supreme Court hearing on birthright citizenship.\u003c/a> He’s the descendent of the man whose case affirmed that right over a hundred years ago.\u003c/span>\u003c/li>\n\u003c/ul>\n\u003ch2>\u003cstrong>California brewers facing significant challenges\u003c/strong>\u003c/h2>\n\u003cp>The U.S. economy is presenting some significant challenges for craft brewers in California.\u003c/p>\n\u003cp>In some cities, it may seem like there’s a taproom on every corner. But the Brewers Association reports that for the last two years, more California breweries have closed than opened. Brewers are grappling with everything from rising costs to tariffs. And now, they’re trying to find creative ways to adapt.\u003c/p>\n\u003cp>Hundreds of beer fanatics \u003ca href=\"https://norcalpublicmedia.org/20260325100600/news-feed/annual-pliny-the-younger-release-taps-into-something-deeper\">lined up recently outside the Russian River Brewing Company\u003c/a> in Windsor, waiting for a taste of Pliny the Younger Triple IPA. Between its two locations, the brewery expects to serve more than 25,000 people during the beer’s annual two-week run.\u003c/p>\n\u003cp>Talking to this crowd, you’d never guess that the beer industry is seeing a downturn. But even Russian River hasn’t escaped the impacts. Natalie Cilurzo is the brewery’s co-founder and president. She says the current situation is rough — but not surprising. Between 2010 and 2018, the number of craft breweries in California spiked from about 300 to more than a thousand. “This was expected. And so now we’re at this point where this double-digit growth that we all knew was unsustainable. It’s here,” she said.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>Cilurzo says oversaturation isn’t the only problem. The Covid pandemic took a major toll on small brewers and now they’re dealing with skyrocketing costs and tariffs on everything from aluminum cans to Canadian barley. “Whenever we need parts for our brewhouse or tanks or a mill or something, we have to buy it from the manufacturer in Germany, and it’s a 50% tariff right now,” Cilurzo said.\u003c/p>\n\u003cp>One way craft brewers are adapting is by focusing on their brewpubs. Kelsey McQuaid-Craig is head of the California Craft Brewers Association in Sacramento. “You’ll see a lot of breweries who have their own food truck now or add in a kitchen because, really, they’re looking to bring people in and have them stay for longer, create an experience,” she said. “It’s not just come for the beer and drink anymore. It’s about hospitality.”\u003c/p>\n\u003ch2 class=\"Page-headline\">\u003cstrong>California woman returns home after the Trump administration deported her to Mexico\u003c/strong>\u003c/h2>\n\u003cp>A California woman who had been living in the U.S. for 27 years before the Trump administration deported her to Mexico in February \u003ca href=\"https://apnews.com/article/deportation-return-mexico-california-daca-c1b4f63a6732496c006d29db7ca558ad\">reunited with her daughter this week after a judge ordered her return.\u003c/a>\u003c/p>\n\u003cp>Mexican citizen Maria de Jesús Estrada Juárez was among the hundreds of thousands of people shielded from deportation under \u003cspan class=\"LinkEnhancement\">\u003ca class=\"Link AnClick-LinkEnhancement\" href=\"https://apnews.com/hub/deferred-action-for-childhood-arrivals-program\" data-gtm-enhancement-style=\"LinkEnhancementA\">an Obama-era program\u003c/a>\u003c/span> allowing people brought to the U.S. as children to stay in the country if they generally stay out of trouble. But that changed Feb. 18 when she showed up for an immigration hearing and was arrested by U.S. Immigration and Customs Enforcement and deported the next day.\u003c/p>\n\u003cp>“I didn’t get to say goodbye,” the 42-year-old mother said at a news conference Tuesday in Sacramento. “It all happened so fast. This has been one of the most painful experiences of my life.”\u003c/p>\n\u003cp>The federal government has arrested \u003cspan class=\"LinkEnhancement\">\u003ca class=\"Link AnClick-LinkEnhancement\" href=\"https://apnews.com/article/daca-immigration-trump-texas-f6b4d275e62fa888285fb65004a969c4\" data-gtm-enhancement-style=\"LinkEnhancementA\">several other recipients\u003c/a>\u003c/span> of the Deferred Action for Childhood Arrivals program, also known as DACA, during President Donald Trump’s second term. The events come amid the Trump administration’s reshaping of immigration policy more broadly. Immigration advocates say Estrada Juárez’s removal highlights the need to offer more permanent protections for DACA recipients, often referred to as “Dreamers.”\u003c/p>\n\u003cp>U.S. District Judge Dena Coggins, who was appointed by then-President Joe Biden, issued a temporary restraining order on March 23, giving the federal government seven days to facilitate Estrada Juárez’s return to the U.S. Her deportation was a “flagrant violation” of her DACA protections and infringed upon her due process rights, Coggins wrote. The U.S. Department of Homeland Security has defended the deportation. “ICE follows all court orders,” a department spokesperson said in a statement. “This is yet another ruling from a Biden-appointed activist judge.”\u003c/p>\n\u003cp>But Estrada Juárez wasn’t aware of a 1998 removal order, which her lawyer argues wasn’t final. “DACA gives you a vested right to not be deported once it’s granted,” said Stacy Tolchin, an immigration attorney based in Pasadena, California. “I really don’t understand what they’re doing.”\u003c/p>\n\u003ch2 class=\"routes-Site-routes-Post-Title-__Title__title\">\u003ca href=\"https://www.kqed.org/news/12078171/as-supreme-court-weighs-birthright-citizenship-sf-advocates-are-ready-to-stand-up\">\u003cstrong>As Supreme Court weighs birthright citizenship, SF advocates stand up\u003c/strong>\u003c/a>\u003c/h2>\n\u003cp>Advocates from San Francisco were at the U.S. Supreme Court on Wednesday to defend the long-standing principle that babies born on U.S. soil are U.S. citizens, regardless of their parents’ immigration status, as justices hear a case with massive implications \u003ca href=\"https://www.kqed.org/news/12078161/trump-executive-order-ending-birthright-citizenship-supreme-court-ruling-who-is-affected-can-citizen-be-revoked\">for birthright citizenship\u003c/a>.\u003c/p>\n\u003cp>The high court seemed poised to reject President Donald Trump’s restrictions on \u003cspan class=\"LinkEnhancement\">\u003ca class=\"Link AnClick-LinkEnhancement\" href=\"https://apnews.com/article/birthright-citizenship-immigration-trump-20919d26029cf0f98ecb0dc7f90a066b\" data-gtm-enhancement-style=\"LinkEnhancementA\">birthright citizenship\u003c/a>\u003c/span> in a consequential case that was magnified by his unparalleled presence in the courtroom.\u003c/p>\n\u003cp>Despite 128 years of Supreme Court precedent dating back to a \u003ca href=\"https://www.kqed.org/news/12015449/a-129-year-old-san-francisco-lawsuit-could-stop-trump-from-ending-birthright-citizenship\">case out of San Francisco\u003c/a>, the justices agreed to hear arguments in Trump v. Barbara. The Trump administration is seeking to defend a January 2025 \u003ca href=\"https://www.whitehouse.gov/presidential-actions/2025/01/protecting-the-meaning-and-value-of-american-citizenship/\">executive order\u003c/a> from the president stating that, unless a child has a parent who’s a U.S. citizen or lawful permanent resident, they are not a U.S. citizen by birth.\u003c/p>\n\u003cp>The precedent behind birthright citizenship goes back to a 1898 ruling in the \u003ca href=\"https://civics.supremecourthistory.org/article/united-states-v-wong-kim-ark/#:~:text=Facts,and%20forth%20across%20the%20Pacific.\">case\u003c/a> brought by San Francisco-born Wong Kim Ark, who was barred from re-entry under the \u003ca href=\"https://www.archives.gov/milestone-documents/chinese-exclusion-act#transcript\">Chinese Exclusion Act\u003c/a> after a trip to visit family in China, even though he carried paperwork attesting to his U.S. birth. In their decision in Wong’s favor, the justices pointed to the citizenship clause of the 14th Amendment, added to the Constitution in 1868 after the abolition of slavery, which states: “All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States.” Writing for the majority, Justice Horace Gray said the amendment “affirms the ancient and fundamental rule of citizenship by birth within the territory … including all children here born of resident aliens.”\u003c/p>\n\u003cp>Overturning that principle would create a bureaucratic nightmare and threaten the very fabric of American society, according to Winnie Kao, senior counsel with San Francisco’s Asian Law Caucus, who is an attorney of record on the Barbara case. “It would be a radical departure from over 120 years of precedent and understanding,” said Kao, whose organization had attorneys in court on Wednesday alongside the ACLU and others. “It would be really hard for the public to understand and, I think, to accept.”\u003c/p>\n\u003cp>[ad floatright]\u003c/p>\n\u003cp>One person who will be closely watching the oral arguments at the Supreme Court on Wednesday is Norman Wong. An East Bay resident and retired carpenter, Wong, 76, is the great-grandson of Wong Kim Ark. Wong was born in San Francisco but didn’t grow up knowing the story of his ancestor or the role he played in U.S. history. He said when he first learned about Wong Kim Ark’s case 25 years ago, he thought it was “a curiosity of history” because birthright citizenship was settled law. “I grew up knowing that I was American. All the kids that I ran around with, they knew they were American. Why? They were born here,” he said. “It’s like assuming every time you breathe in and out, you get air. It was part of your whole being. We were proud to be American.”\u003c/p>\n\n",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cp>\u003cb>Here are the morning’s top stories on Wednesday, April 1, 2026\u003c/b>\u003c/p>\n\u003cul>\n\u003cli style=\"font-weight: 400\">\u003cspan style=\"font-weight: 400\">We’ve been hearing a lot lately about the struggles of California wineries. But the state’s craft brewers are also dealing with significant challenges. While it may seem like there’s a taproom on every corner, the Brewers Association reports that for the last two years, more California breweries have closed than opened. As craft brewers grapple with everything from rising costs to tariffs, brewers are finding creative ways to adapt. \u003c/span>\u003c/li>\n\u003cli style=\"font-weight: 400\">\u003cspan style=\"font-weight: 400\">A Sacramento woman who was deported to Mexico in February – despite protection under DACA, or Deferred Action for Childhood Arrivals – is speaking out about her treatment after \u003ca href=\"https://apnews.com/article/deportation-return-mexico-california-daca-c1b4f63a6732496c006d29db7ca558ad\">returning to the US. \u003c/a>\u003c/span>\u003c/li>\n\u003cli style=\"font-weight: 400\">\u003cspan style=\"font-weight: 400\">A retired Bay Area carpenter is in Washington DC Wednesday morning for \u003ca href=\"https://www.kqed.org/news/12078171/as-supreme-court-weighs-birthright-citizenship-sf-advocates-are-ready-to-stand-up\">the Supreme Court hearing on birthright citizenship.\u003c/a> He’s the descendent of the man whose case affirmed that right over a hundred years ago.\u003c/span>\u003c/li>\n\u003c/ul>\n\u003ch2>\u003cstrong>California brewers facing significant challenges\u003c/strong>\u003c/h2>\n\u003cp>The U.S. economy is presenting some significant challenges for craft brewers in California.\u003c/p>\n\u003cp>In some cities, it may seem like there’s a taproom on every corner. But the Brewers Association reports that for the last two years, more California breweries have closed than opened. Brewers are grappling with everything from rising costs to tariffs. And now, they’re trying to find creative ways to adapt.\u003c/p>\n\u003cp>Hundreds of beer fanatics \u003ca href=\"https://norcalpublicmedia.org/20260325100600/news-feed/annual-pliny-the-younger-release-taps-into-something-deeper\">lined up recently outside the Russian River Brewing Company\u003c/a> in Windsor, waiting for a taste of Pliny the Younger Triple IPA. Between its two locations, the brewery expects to serve more than 25,000 people during the beer’s annual two-week run.\u003c/p>\n\u003cp>Talking to this crowd, you’d never guess that the beer industry is seeing a downturn. But even Russian River hasn’t escaped the impacts. Natalie Cilurzo is the brewery’s co-founder and president. She says the current situation is rough — but not surprising. Between 2010 and 2018, the number of craft breweries in California spiked from about 300 to more than a thousand. “This was expected. And so now we’re at this point where this double-digit growth that we all knew was unsustainable. It’s here,” she said.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>Cilurzo says oversaturation isn’t the only problem. The Covid pandemic took a major toll on small brewers and now they’re dealing with skyrocketing costs and tariffs on everything from aluminum cans to Canadian barley. “Whenever we need parts for our brewhouse or tanks or a mill or something, we have to buy it from the manufacturer in Germany, and it’s a 50% tariff right now,” Cilurzo said.\u003c/p>\n\u003cp>One way craft brewers are adapting is by focusing on their brewpubs. Kelsey McQuaid-Craig is head of the California Craft Brewers Association in Sacramento. “You’ll see a lot of breweries who have their own food truck now or add in a kitchen because, really, they’re looking to bring people in and have them stay for longer, create an experience,” she said. “It’s not just come for the beer and drink anymore. It’s about hospitality.”\u003c/p>\n\u003ch2 class=\"Page-headline\">\u003cstrong>California woman returns home after the Trump administration deported her to Mexico\u003c/strong>\u003c/h2>\n\u003cp>A California woman who had been living in the U.S. for 27 years before the Trump administration deported her to Mexico in February \u003ca href=\"https://apnews.com/article/deportation-return-mexico-california-daca-c1b4f63a6732496c006d29db7ca558ad\">reunited with her daughter this week after a judge ordered her return.\u003c/a>\u003c/p>\n\u003cp>Mexican citizen Maria de Jesús Estrada Juárez was among the hundreds of thousands of people shielded from deportation under \u003cspan class=\"LinkEnhancement\">\u003ca class=\"Link AnClick-LinkEnhancement\" href=\"https://apnews.com/hub/deferred-action-for-childhood-arrivals-program\" data-gtm-enhancement-style=\"LinkEnhancementA\">an Obama-era program\u003c/a>\u003c/span> allowing people brought to the U.S. as children to stay in the country if they generally stay out of trouble. But that changed Feb. 18 when she showed up for an immigration hearing and was arrested by U.S. Immigration and Customs Enforcement and deported the next day.\u003c/p>\n\u003cp>“I didn’t get to say goodbye,” the 42-year-old mother said at a news conference Tuesday in Sacramento. “It all happened so fast. This has been one of the most painful experiences of my life.”\u003c/p>\n\u003cp>The federal government has arrested \u003cspan class=\"LinkEnhancement\">\u003ca class=\"Link AnClick-LinkEnhancement\" href=\"https://apnews.com/article/daca-immigration-trump-texas-f6b4d275e62fa888285fb65004a969c4\" data-gtm-enhancement-style=\"LinkEnhancementA\">several other recipients\u003c/a>\u003c/span> of the Deferred Action for Childhood Arrivals program, also known as DACA, during President Donald Trump’s second term. The events come amid the Trump administration’s reshaping of immigration policy more broadly. Immigration advocates say Estrada Juárez’s removal highlights the need to offer more permanent protections for DACA recipients, often referred to as “Dreamers.”\u003c/p>\n\u003cp>U.S. District Judge Dena Coggins, who was appointed by then-President Joe Biden, issued a temporary restraining order on March 23, giving the federal government seven days to facilitate Estrada Juárez’s return to the U.S. Her deportation was a “flagrant violation” of her DACA protections and infringed upon her due process rights, Coggins wrote. The U.S. Department of Homeland Security has defended the deportation. “ICE follows all court orders,” a department spokesperson said in a statement. “This is yet another ruling from a Biden-appointed activist judge.”\u003c/p>\n\u003cp>But Estrada Juárez wasn’t aware of a 1998 removal order, which her lawyer argues wasn’t final. “DACA gives you a vested right to not be deported once it’s granted,” said Stacy Tolchin, an immigration attorney based in Pasadena, California. “I really don’t understand what they’re doing.”\u003c/p>\n\u003ch2 class=\"routes-Site-routes-Post-Title-__Title__title\">\u003ca href=\"https://www.kqed.org/news/12078171/as-supreme-court-weighs-birthright-citizenship-sf-advocates-are-ready-to-stand-up\">\u003cstrong>As Supreme Court weighs birthright citizenship, SF advocates stand up\u003c/strong>\u003c/a>\u003c/h2>\n\u003cp>Advocates from San Francisco were at the U.S. Supreme Court on Wednesday to defend the long-standing principle that babies born on U.S. soil are U.S. citizens, regardless of their parents’ immigration status, as justices hear a case with massive implications \u003ca href=\"https://www.kqed.org/news/12078161/trump-executive-order-ending-birthright-citizenship-supreme-court-ruling-who-is-affected-can-citizen-be-revoked\">for birthright citizenship\u003c/a>.\u003c/p>\n\u003cp>The high court seemed poised to reject President Donald Trump’s restrictions on \u003cspan class=\"LinkEnhancement\">\u003ca class=\"Link AnClick-LinkEnhancement\" href=\"https://apnews.com/article/birthright-citizenship-immigration-trump-20919d26029cf0f98ecb0dc7f90a066b\" data-gtm-enhancement-style=\"LinkEnhancementA\">birthright citizenship\u003c/a>\u003c/span> in a consequential case that was magnified by his unparalleled presence in the courtroom.\u003c/p>\n\u003cp>Despite 128 years of Supreme Court precedent dating back to a \u003ca href=\"https://www.kqed.org/news/12015449/a-129-year-old-san-francisco-lawsuit-could-stop-trump-from-ending-birthright-citizenship\">case out of San Francisco\u003c/a>, the justices agreed to hear arguments in Trump v. Barbara. The Trump administration is seeking to defend a January 2025 \u003ca href=\"https://www.whitehouse.gov/presidential-actions/2025/01/protecting-the-meaning-and-value-of-american-citizenship/\">executive order\u003c/a> from the president stating that, unless a child has a parent who’s a U.S. citizen or lawful permanent resident, they are not a U.S. citizen by birth.\u003c/p>\n\u003cp>The precedent behind birthright citizenship goes back to a 1898 ruling in the \u003ca href=\"https://civics.supremecourthistory.org/article/united-states-v-wong-kim-ark/#:~:text=Facts,and%20forth%20across%20the%20Pacific.\">case\u003c/a> brought by San Francisco-born Wong Kim Ark, who was barred from re-entry under the \u003ca href=\"https://www.archives.gov/milestone-documents/chinese-exclusion-act#transcript\">Chinese Exclusion Act\u003c/a> after a trip to visit family in China, even though he carried paperwork attesting to his U.S. birth. In their decision in Wong’s favor, the justices pointed to the citizenship clause of the 14th Amendment, added to the Constitution in 1868 after the abolition of slavery, which states: “All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States.” Writing for the majority, Justice Horace Gray said the amendment “affirms the ancient and fundamental rule of citizenship by birth within the territory … including all children here born of resident aliens.”\u003c/p>\n\u003cp>Overturning that principle would create a bureaucratic nightmare and threaten the very fabric of American society, according to Winnie Kao, senior counsel with San Francisco’s Asian Law Caucus, who is an attorney of record on the Barbara case. “It would be a radical departure from over 120 years of precedent and understanding,” said Kao, whose organization had attorneys in court on Wednesday alongside the ACLU and others. “It would be really hard for the public to understand and, I think, to accept.”\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>One person who will be closely watching the oral arguments at the Supreme Court on Wednesday is Norman Wong. An East Bay resident and retired carpenter, Wong, 76, is the great-grandson of Wong Kim Ark. Wong was born in San Francisco but didn’t grow up knowing the story of his ancestor or the role he played in U.S. history. He said when he first learned about Wong Kim Ark’s case 25 years ago, he thought it was “a curiosity of history” because birthright citizenship was settled law. “I grew up knowing that I was American. All the kids that I ran around with, they knew they were American. Why? They were born here,” he said. “It’s like assuming every time you breathe in and out, you get air. It was part of your whole being. We were proud to be American.”\u003c/p>\n\n\u003c/div>\u003c/p>",
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"content": "\u003cp>Justices appeared to lean toward rejecting the Trump administration’s challenge to \u003ca href=\"https://www.kqed.org/news/12078161/trump-executive-order-ending-birthright-citizenship-supreme-court-ruling-who-is-affected-can-citizen-be-revoked\">birthright citizenship\u003c/a> during Wednesday’s oral arguments at the U.S. Supreme Court, where advocates from San Francisco showed up to defend the long-standing principle.\u003c/p>\n\u003cp>Despite 128 years of Supreme Court precedent holding that babies born on U.S. soil are U.S. citizens regardless of their parents’ immigration status — dating back to a \u003ca href=\"https://www.kqed.org/news/12015449/a-129-year-old-san-francisco-lawsuit-could-stop-trump-from-ending-birthright-citizenship\">case out of San Francisco\u003c/a> — the justices agreed to hear arguments in Trump v. Barbara. The Trump administration is seeking to defend a January 2025 \u003ca href=\"https://www.whitehouse.gov/presidential-actions/2025/01/protecting-the-meaning-and-value-of-american-citizenship/\">executive order\u003c/a> from the president stating that, unless a child has a parent who’s a U.S. citizen or lawful permanent resident, they are not a U.S. citizen by birth.\u003c/p>\n\u003cp>Every lower court that has weighed in, including the 9th U.S. Circuit Court of Appeals in San Francisco, \u003ca href=\"https://apnews.com/article/supreme-court-birthright-citizenship-trump-judges-immigration-be729b836581858a118ca92a0d083336?user_email=2a0bd7f2418d4be9198f23bf99a161f3f7a98fb9bf6d3820763d49b5c5f8fc81&utm_medium=Afternoon_Wire&utm_source=Sailthru_AP&utm_campaign=AfternoonWire_Mon_March30_2026&utm_term=Afternoon%20Wire\">has ruled\u003c/a> Trump’s order unconstitutional.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>During oral arguments Wednesday morning in Washington, conservative justices, whose votes will be key, \u003ca href=\"https://apnews.com/article/supreme-court-trump-birthright-citizenship-immigrants-4dca3a4e06f58d4378412ed711fab3a8?user_email=2a0bd7f2418d4be9198f23bf99a161f3f7a98fb9bf6d3820763d49b5c5f8fc81&utm_medium=Afternoon_Wire&utm_source=Sailthru_AP&utm_campaign=AfternoonWire_Wed_Apr1_2026&utm_term=Afternoon%20Wire\">posed difficult questions\u003c/a> to Solicitor General John Sauer, the federal government’s representative in the Supreme Court.\u003c/p>\n\u003cp>Justice Amy Coney Barrett questioned the Trump administration’s interpretation of the 14th Amendment. The administration argued the amendment was ratified specifically to grant citizenship to former slaves born in the U.S., rather than children of immigrants, regardless of their legal status, but Coney Barrett pointed out that that isn’t in the amendment text.\u003c/p>\n\u003cp>And Chief Justice John G. Roberts Jr. suggested that Sauer’s argument relied on outlier exceptions to the 14th Amendment to argue against broader birthright citizenship.\u003c/p>\n\u003cfigure id=\"attachment_12055174\" class=\"wp-caption aligncenter\" style=\"max-width: 2000px\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\"wp-image-12055174 size-full\" src=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2025/09/Brett-Kavanaugh-Getty.jpg\" alt=\"\" width=\"2000\" height=\"1333\" srcset=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2025/09/Brett-Kavanaugh-Getty.jpg 2000w, https://cdn.kqed.org/wp-content/uploads/sites/10/2025/09/Brett-Kavanaugh-Getty-160x107.jpg 160w, https://cdn.kqed.org/wp-content/uploads/sites/10/2025/09/Brett-Kavanaugh-Getty-1536x1024.jpg 1536w\" sizes=\"auto, (max-width: 2000px) 100vw, 2000px\">\u003cfigcaption class=\"wp-caption-text\">Left to right: Chief Justice of the Supreme Court John Roberts, Justice Elena Kagan, Justice Brett Kavanaugh, Justice Amy Coney Barrett, and retired Justice Anthony Kennedy attend U.S. President Donald Trump’s address to a joint session of Congress at the U.S. Capitol on March 04, 2025, in Washington, D.C. \u003ccite>(Win McNamee/Getty Images)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>“I’m not quite sure how you can get to that big group from such tiny and sort of idiosyncratic examples,” Roberts said.\u003c/p>\n\u003cp>The precedent behind birthright citizenship goes back to an 1898 ruling in the case brought by San Francisco-born Wong Kim Ark, who was barred from reentry under the Chinese Exclusion Act after a trip to visit family in China, even though he carried paperwork attesting to his U.S. birth.\u003c/p>\n\u003cp>Justices ruled in Wong’s favor, pointing to the 14th Amendment, added to the Constitution in 1868 after the abolition of slavery, which states: “All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States.”\u003c/p>\n\u003cp>The Trump administration’s current argument seeking to restrict birthright citizenship hinges on the clause “subject to the jurisdiction thereof,” which Sauer has asserted promises citizenship only to people who are “completely subject” to the U.S. and owe “direct and immediate allegiance” to the government.\u003c/p>\n\u003cp>In legal filings, Sauer said the Wong Kim Ark decision has been read too generously and does not apply to the children of undocumented immigrants and people in the U.S. temporarily because that “degrades the meaning and value of American citizenship.” He wrote that that interpretation has “incentivized” illegal immigration and “birth tourism” by people who want to gain a toehold to a life in the U.S.[aside postID=news_12078161 hero='https://cdn.kqed.org/wp-content/uploads/sites/10/2026/03/BirthrightCitizenshipGetty1.jpg']Among those outside the Supreme Court on Wednesday was Norman Wong. An East Bay resident and retired carpenter, Wong, 76, is the great-grandson of Wong Kim Ark.\u003c/p>\n\u003cp>Wong was born in San Francisco but didn’t grow up knowing the story of his ancestor or the role he played in U.S. history. He says when he first learned about Wong Kim Ark’s case 25 years ago, he thought it was “a curiosity of history” because birthright citizenship was settled law.\u003c/p>\n\u003cp>“I grew up knowing that I was American. All the kids that I ran around with, they knew they were American. Why? They were born here,” he told KQED ahead of the hearing. “It’s like assuming every time you breathe in and out, you get air. It was part of your whole being. We were proud to be American.”\u003c/p>\n\u003cp>After the Supreme Court hearing, California Attorney General Rob Bonta said birthright citizenship is foundational to American democracy and promises equality under law to all children, regardless of race, class or parental background.\u003c/p>\n\u003cp>“It’s a guarantee that every child born here has a personal stake in the American dream,” Bonta said. “It tells you something that President Trump willfully chose to start his second term by trying to knock down this fundamental and long-standing right. Fortunately, I believe he will fail.”\u003c/p>\n\u003cp>Speaking outside the courtroom, Cecillia Wang, who argued on behalf of the ACLU, said the case was “nerve-wracking,” but appeared hopeful.\u003c/p>\n\u003cp>“We could not be more confident that despite the policy preferences of the current administration, that this attack on what it means to be American in the most fundamental way … will be turned down,” she said.\u003c/p>\n\u003cp>\u003cimg loading=\"lazy\" decoding=\"async\" class=\"wp-image-12078174 size-full\" style=\"font-weight: bold; background-color: transparent; color: #767676;\" src=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2026/03/SCOTUSBirthrightCitizenshipGetty.jpg\" alt=\"\" width=\"2000\" height=\"1333\" srcset=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2026/03/SCOTUSBirthrightCitizenshipGetty.jpg 2000w, https://cdn.kqed.org/wp-content/uploads/sites/10/2026/03/SCOTUSBirthrightCitizenshipGetty-160x107.jpg 160w, https://cdn.kqed.org/wp-content/uploads/sites/10/2026/03/SCOTUSBirthrightCitizenshipGetty-1536x1024.jpg 1536w\" sizes=\"auto, (max-width: 2000px) 100vw, 2000px\">\u003c/p>\n\u003cp>People wait in line outside the Supreme Court Justice building to attend oral arguments on birthright citizenship, a day before the court is scheduled to address the case, on March 31, 2026, in Washington, DC. The Supreme Court is set to convene on April 1 to consider the legality of President Trump’s executive order that seeks to end birthright citizenship.\u003c/p>\n\u003cp>Overturning the principle of birthright citizenship would create a bureaucratic nightmare and threaten the very fabric of American society, according to Winnie Kao, senior counsel with San Francisco’s Asian Law Caucus, who is an attorney of record on the Barbara case.\u003c/p>\n\u003cp>“It would be a radical departure from over 120 years of precedent and understanding,” said Kao, whose organization had attorneys in court Wednesday alongside the ACLU and others. “It would be really hard for the public to understand and, I think, to accept.”[aside postID=news_12015449 hero='https://cdn.kqed.org/wp-content/uploads/sites/10/2024/11/20241119_BirthrightCitizenshipExplainer_GC-16_qed-1020x680.jpg']Since Trump’s executive order, Kao said her office has been fielding “powerful and upsetting” questions from people who are either undocumented or in the U.S. on temporary work or student visas.\u003c/p>\n\u003cp>“How do you prove citizenship for your newborn when it’s not based on a birth certificate anymore?” she said. “Parents are calling us, wondering if their baby’s going to be subject to deportation … and what will statelessness mean for my baby?”\u003c/p>\n\u003cp>But some in California believe the executive order would impose a useful limit on birthright citizenship. Rep. Tom McClintock, R-Elk Grove, said the increased number of migrants who entered the U.S. during the Biden administration was justification for that.\u003c/p>\n\u003cp>“It … brought to a head the fundamental question of whether any person in the world can break into our country, have a baby at taxpayer expense, have that baby declared an American citizen and then use that as a pretext to remain,” McClintock wrote in a Washington Times op-ed. “President Trump has issued an executive order challenging that notion for all future births.”\u003c/p>\n\u003cp>After Trump’s executive order, \u003ca href=\"https://www.kqed.org/news/12023126/california-leaders-to-sue-trump-over-birthright-citizenship-border-policies\">California immediately filed suit\u003c/a> along with 23 other states, the city of San Francisco and the District of Columbia. While that case was not before the Supreme Court on Wednesday, Bonta has \u003ca href=\"https://oag.ca.gov/news/press-releases/attorney-general-bonta-continues-fight-defend-birthright-citizenship-us-supreme\">filed a “friend of the court” brief\u003c/a> in the Barbara case.\u003c/p>\n\u003cp>He’s said that California stands to lose federal funding for key health and education programs if nearly 25,000 babies born in the state each year lose the right to citizenship because of their parentage.\u003c/p>\n\u003cfigure id=\"attachment_12032980\" class=\"wp-caption aligncenter\" style=\"max-width: 2000px\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\"size-full wp-image-12032980\" src=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2025/03/250324-WongKimArk-02-BL_qed.jpg\" alt=\"\" width=\"2000\" height=\"1333\" srcset=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2025/03/250324-WongKimArk-02-BL_qed.jpg 2000w, https://cdn.kqed.org/wp-content/uploads/sites/10/2025/03/250324-WongKimArk-02-BL_qed-800x533.jpg 800w, https://cdn.kqed.org/wp-content/uploads/sites/10/2025/03/250324-WongKimArk-02-BL_qed-1020x680.jpg 1020w, https://cdn.kqed.org/wp-content/uploads/sites/10/2025/03/250324-WongKimArk-02-BL_qed-160x107.jpg 160w, https://cdn.kqed.org/wp-content/uploads/sites/10/2025/03/250324-WongKimArk-02-BL_qed-1536x1024.jpg 1536w, https://cdn.kqed.org/wp-content/uploads/sites/10/2025/03/250324-WongKimArk-02-BL_qed-1920x1280.jpg 1920w\" sizes=\"auto, (max-width: 2000px) 100vw, 2000px\">\u003cfigcaption class=\"wp-caption-text\">Norman Wong, the great-grandson of Wong Kim Ark, stands in front of a mural featuring his great-grandfather in San Francisco’s Chinatown on March 24, 2025, where Wong Kim Ark was born. \u003ccite>(Beth LaBerge/KQED)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>The effort to repeal birthright citizenship is part of a broader campaign by the Trump administration to restrict immigration and the rights of immigrants, including increasing arrests and deportations, halting refugee admissions, stripping temporary legal status from people fleeing war and instability, and invoking a travel ban against 39 countries.\u003c/p>\n\u003cp>Wong, whose great-grandfather’s case established the bedrock principle, said he considers Trump’s executive order limiting birthright citizenship a first step in a larger effort to chip away at civil rights and the rule of law in this country.\u003c/p>\n\u003cp>“We have to stop it,” he said. “We need to be a principled people — with clear laws and clear ideas of who we are.”\u003c/p>\n\u003cp>Wong said he’s watched that erosion accelerate over the past 15 months, culminating in the shooting deaths this winter of two Minneapolis protesters by immigration agents. He sees parallels between the bravery of his ancestors facing down anti-Chinese bigotry in the 19th century and Renee Good and Alex Pretti standing up for immigrants today.\u003c/p>\n\u003cp>“They weren’t violent. They didn’t do anything that deserved their lives. … We all should stand up, because two people died for all of us,” Wong said. “Are we just going to let it happen? Or are we going to stand up? Wong Kim Ark, he stood up.”\u003c/p>\n\u003cp>[ad floatright]\u003c/p>\n",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cp>Justices appeared to lean toward rejecting the Trump administration’s challenge to \u003ca href=\"https://www.kqed.org/news/12078161/trump-executive-order-ending-birthright-citizenship-supreme-court-ruling-who-is-affected-can-citizen-be-revoked\">birthright citizenship\u003c/a> during Wednesday’s oral arguments at the U.S. Supreme Court, where advocates from San Francisco showed up to defend the long-standing principle.\u003c/p>\n\u003cp>Despite 128 years of Supreme Court precedent holding that babies born on U.S. soil are U.S. citizens regardless of their parents’ immigration status — dating back to a \u003ca href=\"https://www.kqed.org/news/12015449/a-129-year-old-san-francisco-lawsuit-could-stop-trump-from-ending-birthright-citizenship\">case out of San Francisco\u003c/a> — the justices agreed to hear arguments in Trump v. Barbara. The Trump administration is seeking to defend a January 2025 \u003ca href=\"https://www.whitehouse.gov/presidential-actions/2025/01/protecting-the-meaning-and-value-of-american-citizenship/\">executive order\u003c/a> from the president stating that, unless a child has a parent who’s a U.S. citizen or lawful permanent resident, they are not a U.S. citizen by birth.\u003c/p>\n\u003cp>Every lower court that has weighed in, including the 9th U.S. Circuit Court of Appeals in San Francisco, \u003ca href=\"https://apnews.com/article/supreme-court-birthright-citizenship-trump-judges-immigration-be729b836581858a118ca92a0d083336?user_email=2a0bd7f2418d4be9198f23bf99a161f3f7a98fb9bf6d3820763d49b5c5f8fc81&utm_medium=Afternoon_Wire&utm_source=Sailthru_AP&utm_campaign=AfternoonWire_Mon_March30_2026&utm_term=Afternoon%20Wire\">has ruled\u003c/a> Trump’s order unconstitutional.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>During oral arguments Wednesday morning in Washington, conservative justices, whose votes will be key, \u003ca href=\"https://apnews.com/article/supreme-court-trump-birthright-citizenship-immigrants-4dca3a4e06f58d4378412ed711fab3a8?user_email=2a0bd7f2418d4be9198f23bf99a161f3f7a98fb9bf6d3820763d49b5c5f8fc81&utm_medium=Afternoon_Wire&utm_source=Sailthru_AP&utm_campaign=AfternoonWire_Wed_Apr1_2026&utm_term=Afternoon%20Wire\">posed difficult questions\u003c/a> to Solicitor General John Sauer, the federal government’s representative in the Supreme Court.\u003c/p>\n\u003cp>Justice Amy Coney Barrett questioned the Trump administration’s interpretation of the 14th Amendment. The administration argued the amendment was ratified specifically to grant citizenship to former slaves born in the U.S., rather than children of immigrants, regardless of their legal status, but Coney Barrett pointed out that that isn’t in the amendment text.\u003c/p>\n\u003cp>And Chief Justice John G. Roberts Jr. suggested that Sauer’s argument relied on outlier exceptions to the 14th Amendment to argue against broader birthright citizenship.\u003c/p>\n\u003cfigure id=\"attachment_12055174\" class=\"wp-caption aligncenter\" style=\"max-width: 2000px\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\"wp-image-12055174 size-full\" src=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2025/09/Brett-Kavanaugh-Getty.jpg\" alt=\"\" width=\"2000\" height=\"1333\" srcset=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2025/09/Brett-Kavanaugh-Getty.jpg 2000w, https://cdn.kqed.org/wp-content/uploads/sites/10/2025/09/Brett-Kavanaugh-Getty-160x107.jpg 160w, https://cdn.kqed.org/wp-content/uploads/sites/10/2025/09/Brett-Kavanaugh-Getty-1536x1024.jpg 1536w\" sizes=\"auto, (max-width: 2000px) 100vw, 2000px\">\u003cfigcaption class=\"wp-caption-text\">Left to right: Chief Justice of the Supreme Court John Roberts, Justice Elena Kagan, Justice Brett Kavanaugh, Justice Amy Coney Barrett, and retired Justice Anthony Kennedy attend U.S. President Donald Trump’s address to a joint session of Congress at the U.S. Capitol on March 04, 2025, in Washington, D.C. \u003ccite>(Win McNamee/Getty Images)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>“I’m not quite sure how you can get to that big group from such tiny and sort of idiosyncratic examples,” Roberts said.\u003c/p>\n\u003cp>The precedent behind birthright citizenship goes back to an 1898 ruling in the case brought by San Francisco-born Wong Kim Ark, who was barred from reentry under the Chinese Exclusion Act after a trip to visit family in China, even though he carried paperwork attesting to his U.S. birth.\u003c/p>\n\u003cp>Justices ruled in Wong’s favor, pointing to the 14th Amendment, added to the Constitution in 1868 after the abolition of slavery, which states: “All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States.”\u003c/p>\n\u003cp>The Trump administration’s current argument seeking to restrict birthright citizenship hinges on the clause “subject to the jurisdiction thereof,” which Sauer has asserted promises citizenship only to people who are “completely subject” to the U.S. and owe “direct and immediate allegiance” to the government.\u003c/p>\n\u003cp>In legal filings, Sauer said the Wong Kim Ark decision has been read too generously and does not apply to the children of undocumented immigrants and people in the U.S. temporarily because that “degrades the meaning and value of American citizenship.” He wrote that that interpretation has “incentivized” illegal immigration and “birth tourism” by people who want to gain a toehold to a life in the U.S.\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>Among those outside the Supreme Court on Wednesday was Norman Wong. An East Bay resident and retired carpenter, Wong, 76, is the great-grandson of Wong Kim Ark.\u003c/p>\n\u003cp>Wong was born in San Francisco but didn’t grow up knowing the story of his ancestor or the role he played in U.S. history. He says when he first learned about Wong Kim Ark’s case 25 years ago, he thought it was “a curiosity of history” because birthright citizenship was settled law.\u003c/p>\n\u003cp>“I grew up knowing that I was American. All the kids that I ran around with, they knew they were American. Why? They were born here,” he told KQED ahead of the hearing. “It’s like assuming every time you breathe in and out, you get air. It was part of your whole being. We were proud to be American.”\u003c/p>\n\u003cp>After the Supreme Court hearing, California Attorney General Rob Bonta said birthright citizenship is foundational to American democracy and promises equality under law to all children, regardless of race, class or parental background.\u003c/p>\n\u003cp>“It’s a guarantee that every child born here has a personal stake in the American dream,” Bonta said. “It tells you something that President Trump willfully chose to start his second term by trying to knock down this fundamental and long-standing right. Fortunately, I believe he will fail.”\u003c/p>\n\u003cp>Speaking outside the courtroom, Cecillia Wang, who argued on behalf of the ACLU, said the case was “nerve-wracking,” but appeared hopeful.\u003c/p>\n\u003cp>“We could not be more confident that despite the policy preferences of the current administration, that this attack on what it means to be American in the most fundamental way … will be turned down,” she said.\u003c/p>\n\u003cp>\u003cimg loading=\"lazy\" decoding=\"async\" class=\"wp-image-12078174 size-full\" style=\"font-weight: bold; background-color: transparent; color: #767676;\" src=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2026/03/SCOTUSBirthrightCitizenshipGetty.jpg\" alt=\"\" width=\"2000\" height=\"1333\" srcset=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2026/03/SCOTUSBirthrightCitizenshipGetty.jpg 2000w, https://cdn.kqed.org/wp-content/uploads/sites/10/2026/03/SCOTUSBirthrightCitizenshipGetty-160x107.jpg 160w, https://cdn.kqed.org/wp-content/uploads/sites/10/2026/03/SCOTUSBirthrightCitizenshipGetty-1536x1024.jpg 1536w\" sizes=\"auto, (max-width: 2000px) 100vw, 2000px\">\u003c/p>\n\u003cp>People wait in line outside the Supreme Court Justice building to attend oral arguments on birthright citizenship, a day before the court is scheduled to address the case, on March 31, 2026, in Washington, DC. The Supreme Court is set to convene on April 1 to consider the legality of President Trump’s executive order that seeks to end birthright citizenship.\u003c/p>\n\u003cp>Overturning the principle of birthright citizenship would create a bureaucratic nightmare and threaten the very fabric of American society, according to Winnie Kao, senior counsel with San Francisco’s Asian Law Caucus, who is an attorney of record on the Barbara case.\u003c/p>\n\u003cp>“It would be a radical departure from over 120 years of precedent and understanding,” said Kao, whose organization had attorneys in court Wednesday alongside the ACLU and others. “It would be really hard for the public to understand and, I think, to accept.”\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>Since Trump’s executive order, Kao said her office has been fielding “powerful and upsetting” questions from people who are either undocumented or in the U.S. on temporary work or student visas.\u003c/p>\n\u003cp>“How do you prove citizenship for your newborn when it’s not based on a birth certificate anymore?” she said. “Parents are calling us, wondering if their baby’s going to be subject to deportation … and what will statelessness mean for my baby?”\u003c/p>\n\u003cp>But some in California believe the executive order would impose a useful limit on birthright citizenship. Rep. Tom McClintock, R-Elk Grove, said the increased number of migrants who entered the U.S. during the Biden administration was justification for that.\u003c/p>\n\u003cp>“It … brought to a head the fundamental question of whether any person in the world can break into our country, have a baby at taxpayer expense, have that baby declared an American citizen and then use that as a pretext to remain,” McClintock wrote in a Washington Times op-ed. “President Trump has issued an executive order challenging that notion for all future births.”\u003c/p>\n\u003cp>After Trump’s executive order, \u003ca href=\"https://www.kqed.org/news/12023126/california-leaders-to-sue-trump-over-birthright-citizenship-border-policies\">California immediately filed suit\u003c/a> along with 23 other states, the city of San Francisco and the District of Columbia. While that case was not before the Supreme Court on Wednesday, Bonta has \u003ca href=\"https://oag.ca.gov/news/press-releases/attorney-general-bonta-continues-fight-defend-birthright-citizenship-us-supreme\">filed a “friend of the court” brief\u003c/a> in the Barbara case.\u003c/p>\n\u003cp>He’s said that California stands to lose federal funding for key health and education programs if nearly 25,000 babies born in the state each year lose the right to citizenship because of their parentage.\u003c/p>\n\u003cfigure id=\"attachment_12032980\" class=\"wp-caption aligncenter\" style=\"max-width: 2000px\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\"size-full wp-image-12032980\" src=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2025/03/250324-WongKimArk-02-BL_qed.jpg\" alt=\"\" width=\"2000\" height=\"1333\" srcset=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2025/03/250324-WongKimArk-02-BL_qed.jpg 2000w, https://cdn.kqed.org/wp-content/uploads/sites/10/2025/03/250324-WongKimArk-02-BL_qed-800x533.jpg 800w, https://cdn.kqed.org/wp-content/uploads/sites/10/2025/03/250324-WongKimArk-02-BL_qed-1020x680.jpg 1020w, https://cdn.kqed.org/wp-content/uploads/sites/10/2025/03/250324-WongKimArk-02-BL_qed-160x107.jpg 160w, https://cdn.kqed.org/wp-content/uploads/sites/10/2025/03/250324-WongKimArk-02-BL_qed-1536x1024.jpg 1536w, https://cdn.kqed.org/wp-content/uploads/sites/10/2025/03/250324-WongKimArk-02-BL_qed-1920x1280.jpg 1920w\" sizes=\"auto, (max-width: 2000px) 100vw, 2000px\">\u003cfigcaption class=\"wp-caption-text\">Norman Wong, the great-grandson of Wong Kim Ark, stands in front of a mural featuring his great-grandfather in San Francisco’s Chinatown on March 24, 2025, where Wong Kim Ark was born. \u003ccite>(Beth LaBerge/KQED)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>The effort to repeal birthright citizenship is part of a broader campaign by the Trump administration to restrict immigration and the rights of immigrants, including increasing arrests and deportations, halting refugee admissions, stripping temporary legal status from people fleeing war and instability, and invoking a travel ban against 39 countries.\u003c/p>\n\u003cp>Wong, whose great-grandfather’s case established the bedrock principle, said he considers Trump’s executive order limiting birthright citizenship a first step in a larger effort to chip away at civil rights and the rule of law in this country.\u003c/p>\n\u003cp>“We have to stop it,” he said. “We need to be a principled people — with clear laws and clear ideas of who we are.”\u003c/p>\n\u003cp>Wong said he’s watched that erosion accelerate over the past 15 months, culminating in the shooting deaths this winter of two Minneapolis protesters by immigration agents. He sees parallels between the bravery of his ancestors facing down anti-Chinese bigotry in the 19th century and Renee Good and Alex Pretti standing up for immigrants today.\u003c/p>\n\u003cp>“They weren’t violent. They didn’t do anything that deserved their lives. … We all should stand up, because two people died for all of us,” Wong said. “Are we just going to let it happen? Or are we going to stand up? Wong Kim Ark, he stood up.”\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"title": "Birthright Citizenship at the Supreme Court: Who Could Be Affected by Trump’s Order?",
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"content": "\u003cp>On the same day he returned to the White House in 2025, President \u003ca href=\"https://www.kqed.org/news/tag/donald-trump\">Donald Trump\u003c/a> signed \u003ca href=\"https://www.kqed.org/news/12046217/what-the-supreme-courts-latest-ruling-means-for-birthright-citizenship%5C\">an executive order\u003c/a> that would severely limit birthright citizenship in the United States.\u003c/p>\n\u003cp>This week, a lawsuit challenging this policy has reached the Supreme Court. On Wednesday, the justices will hear arguments in \u003cem>Trump v. Barbara\u003c/em> and decide if the president’s order — which would deny American citizenship to babies born in the country to parents who aren’t U.S. citizens or permanent legal residents— is in line with the Constitution.\u003c/p>\n\u003ch2>What’s at stake in \u003cem>Trump v. Barbara\u003c/em>\u003c/h2>\n\u003cp>Several lower courts have already ruled against the Trump administration and blocked the executive order from being enforced in the last 14 months. If the Supreme Court strikes down the order, that would confirm the \u003ca href=\"https://www.kqed.org/news/12015449/a-129-year-old-san-francisco-lawsuit-could-stop-trump-from-ending-birthright-citizenship\">longstanding interpretation\u003c/a> of the Constitution’s Fourteenth Amendment, which states that “All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States.”\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>\u003cstrong>Jump straight to: \u003c/strong>\u003c/p>\n\u003cul>\n\u003cli>\u003cstrong>\u003ca href=\"#CouldTrumpsexecutiveorderrevokeanyonesAmericancitizenship\">Could Trump’s executive order revoke anyone’s American citizenship?\u003c/a>\u003c/strong>\u003c/li>\n\u003cli>\u003cstrong>\u003ca href=\"#ImhavingababysoonCouldmyfamilybeaffected\">I’m having a baby soon. Could my family be affected?\u003c/a>\u003c/strong>\u003c/li>\n\u003c/ul>\n\u003cp>The White House, however, \u003ca href=\"https://www.whitehouse.gov/presidential-actions/2025/01/protecting-the-meaning-and-value-of-american-citizenship/\">argues\u003c/a> that unless a child has a parent who’s a U.S. citizen or lawful permanent resident, they should not be a U.S. citizen by birth.\u003c/p>\n\u003cp>If both parents are immigrants with no permanent legal status — a category that includes parents with no immigration documents, but also those with a student visa or temporary work permit — Trump’s executive order would deny those children U.S. citizenship at birth.\u003c/p>\n\u003cfigure id=\"attachment_11954996\" class=\"wp-caption aligncenter\" style=\"max-width: 2000px\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\"size-full wp-image-11954996\" src=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2023/07/230705-SUPREME-COURT-SCOTUS-AP-JM-KQED.jpg\" alt=\"The ornate columned facade of the US Supreme Court.\" width=\"2000\" height=\"1333\" srcset=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2023/07/230705-SUPREME-COURT-SCOTUS-AP-JM-KQED.jpg 2000w, https://cdn.kqed.org/wp-content/uploads/sites/10/2023/07/230705-SUPREME-COURT-SCOTUS-AP-JM-KQED-800x533.jpg 800w, https://cdn.kqed.org/wp-content/uploads/sites/10/2023/07/230705-SUPREME-COURT-SCOTUS-AP-JM-KQED-1020x680.jpg 1020w, https://cdn.kqed.org/wp-content/uploads/sites/10/2023/07/230705-SUPREME-COURT-SCOTUS-AP-JM-KQED-160x107.jpg 160w, https://cdn.kqed.org/wp-content/uploads/sites/10/2023/07/230705-SUPREME-COURT-SCOTUS-AP-JM-KQED-1536x1024.jpg 1536w, https://cdn.kqed.org/wp-content/uploads/sites/10/2023/07/230705-SUPREME-COURT-SCOTUS-AP-JM-KQED-1920x1280.jpg 1920w\" sizes=\"auto, (max-width: 2000px) 100vw, 2000px\">\u003cfigcaption class=\"wp-caption-text\">The Supreme Court in Washington on April 19, 2023. \u003ccite>(Jacquelyn Martin/AP Photo)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>In 2023, around 300,000 babies were born to undocumented parents, \u003ca href=\"https://www.pewresearch.org/race-and-ethnicity/2025/08/21/u-s-unauthorized-immigrant-population-reached-a-record-14-million-in-2023/\">according to the Pew Research Center\u003c/a>. According to Trump’s order, these babies are “not subject to the jurisdiction” of the U.S. government and therefore do not qualify for citizenship. But the federal government has not provided clear information on what legal status would be provided to children born in this situation.\u003c/p>\n\u003cp>“Our community members would be stateless,” said Roslyne Shiao, co-executive director for AAPI New Jersey, an advocacy group for Asian Americans and Pacific Islanders that has also organized a rally at the Supreme Court on Wednesday in defense of birthright citizenship.\u003c/p>\n\u003cp>The court is expected to deliver its ruling sometime between June and July. As the country waits for this decision, KQED will be responding to questions from audience members about what’s at stake in this legal battle and what families need to know about the potential impacts of this Supreme Court ruling.\u003c/p>\n\u003ch2>What does Trump’s birthright citizenship order say?\u003c/h2>\n\u003cp>On Jan. 20, Trump signed \u003ca href=\"https://www.whitehouse.gov/presidential-actions/2025/01/protecting-the-meaning-and-value-of-american-citizenship/\">an executive order\u003c/a> declaring that the federal government would no longer grant documents that confirm citizenship, like a Social Security Number or passport, to children born on or after Feb. 19, 2025, who are in the following situations:\u003c/p>\n\u003cul>\n\u003cli>At the time of birth, the baby’s biological mother was “unlawfully present” (with no legal status) in the U.S., and the biological father was not a U.S. citizen or lawful permanent resident.\u003c/li>\n\u003cli>At the time of birth, the baby’s biological mother was in the U.S. with a temporary visa or permit, and the biological father was not a U.S. citizen or lawful permanent resident.\u003c/li>\n\u003c/ul>\n\u003cfigure id=\"attachment_12074482\" class=\"wp-caption aligncenter\" style=\"max-width: 2000px\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\"size-full wp-image-12074482\" src=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2026/02/GettyImages-2262729717-scaled-e1773182284895.jpg\" alt=\"\" width=\"2000\" height=\"1413\">\u003cfigcaption class=\"wp-caption-text\">President Donald Trump speaks during a press briefing at the White House on Feb. 20, 2026, in Washington, D.C. \u003ccite>(Chen Mengtong/China News Service/VCG via Getty Images)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>The text of the executive order, while written in legal language that is often opaque to the general public, suggests that the following families could be affected by Trump’s order:\u003c/p>\n\u003cul>\n\u003cli>Families where both parents have no legal immigration documents at the time of their baby’s birth\u003c/li>\n\u003cli>Families where both parents only have a \u003cem>temporary \u003c/em>legal status, which could include: Temporary Protected Status (TPS), Deferred Action for Childhood Arrivals (DACA), H1-B holders, a student J-1 visa or an H-2A visa for agricultural workers, another temporary visa or humanitarian parole\u003c/li>\n\u003cli>If one parent has no legal status and the other only has a temporary legal status, which could include: TPS, DACA, H1-B holders, a student J-1 visa or an H-2A visa for agricultural workers, another temporary visa or humanitarian parole.\u003c/li>\n\u003c/ul>\n\u003cp>If the executive order is allowed to take effect, babies born to families in the above situations would not have birthright citizenship.\u003c/p>\n\u003ch2>Is the federal government enforcing this order right now?\u003c/h2>\n\u003cp>No. The Trump administration currently cannot enforce the executive order due to a nationwide injunction \u003ca href=\"https://www.npr.org/2025/07/11/nx-s1-5463808/new-hampshire-judge-blocks-trump-birthright-citizenship-executive-order-nationwide\">issued last summer\u003c/a> by a federal judge in New Hampshire.\u003c/p>\n\u003cp>The order remains frozen until the Supreme Court makes a final decision over its legality. In the meantime, U.S. citizenship is still guaranteed to babies born to immigrant parents without permanent legal status.\u003c/p>\n\u003ch2>Who is behind \u003cem>Trump v. Barbara\u003c/em>?\u003c/h2>\n\u003cp>From the moment that Trump signed his executive order in 2025, different groups have sought to stop this policy in the courtroom.\u003c/p>\n\u003cp>Twenty-two states — including California — announced a lawsuit the day after, and soon were able to obtain multiple nationwide injunctions from federal district judges. However, the Supreme Court \u003ca href=\"https://www.kqed.org/news/12044886/supreme-court-birthright-citizenship-ruling-limits-nationwide-injunctions\">overturned these injunctions\u003c/a> last summer and ruled that lower courts had exceeded their authority.\u003c/p>\n\u003cfigure id=\"attachment_12078180\" class=\"wp-caption aligncenter\" style=\"max-width: 2000px\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\"size-full wp-image-12078180\" src=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2026/03/BirthrightCitizenshipGetty2.jpg\" alt=\"\" width=\"2000\" height=\"1296\" srcset=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2026/03/BirthrightCitizenshipGetty2.jpg 2000w, https://cdn.kqed.org/wp-content/uploads/sites/10/2026/03/BirthrightCitizenshipGetty2-160x104.jpg 160w, https://cdn.kqed.org/wp-content/uploads/sites/10/2026/03/BirthrightCitizenshipGetty2-1536x995.jpg 1536w\" sizes=\"auto, (max-width: 2000px) 100vw, 2000px\">\u003cfigcaption class=\"wp-caption-text\">Nine-month-old Tyler Colt enjoys a ride on his grandfather, Keith Kennedy’s, shoulders on June 30, 2016, in League City. \u003ccite>(Steve Gonzales/Houston Chronicle via Getty Images)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>But the court still allows for nationwide injunctions in class-action cases. So in response, a coalition of civil rights groups presented the \u003ca href=\"https://www.asianlawcaucus.org/news-resources/news/brief-birthright-citizenship-scotus\">class-action \u003cem>Trump v. Barbara\u003c/em>\u003c/a> on behalf of newborn babies affected by the executive order.\u003c/p>\n\u003cp>One of those groups is the San Francisco-based Asian Law Caucus, whose legal team is arguing that the question of birthright citizenship was established a long time ago — \u003ca href=\"https://www.kqed.org/news/12015449/a-129-year-old-san-francisco-lawsuit-could-stop-trump-from-ending-birthright-citizenship\">128 years ago\u003c/a>, specifically, in the landmark case \u003cem>United States v. Wong Kim Ark\u003c/em>.[aside postID=news_12015449 hero='https://cdn.kqed.org/wp-content/uploads/sites/10/2024/11/20241119_BirthrightCitizenshipExplainer_GC-16_qed-1020x680.jpg']Born in San Francisco in the 1870s to Chinese immigrants, Wong Kim Ark sued the federal government when he was denied reentry into the U.S. after a trip to China.\u003c/p>\n\u003cp>Officials said that Wong was not a U.S. citizen but rather a Chinese national: a population that at the time was restricted from entering the country.\u003c/p>\n\u003cp>Wong’s case made it all the way to the Supreme Court, where the federal government asserted that Wong could not be a citizen because his parents were not under the jurisdiction of the U.S. government at the time of his birth — a very similar claim to the one the Trump administration has used to defend its executive order.\u003c/p>\n\u003cp>The justices did not accept this argument and \u003ca href=\"https://www.law.cornell.edu/supremecourt/text/169/649\">sided with Wong\u003c/a> in 1898. In its ruling, the court declared that the Fourteenth Amendment — initially written to defend the rights of formerly enslaved African Americans and their children — also “includes the children born within the territory of the United States of all other persons, of whatever race or color.”\u003c/p>\n\u003cp>This legal battle is about defending the legacy of Wong Kim Ark and the Bay Area’s Chinese-American community that stood by him, said Winnie Kao, senior counsel for Asian Law Caucus.\u003c/p>\n\u003cp>“In the 120-plus years since, the decision has been understood to affirm that U.S.-born children are citizens, regardless of their parents’ immigration status,” Kao said. “All three branches of government — Republican and Democratic — have relied upon that understanding since.”\u003c/p>\n\u003ch2>\u003ca id=\"CouldTrumpsexecutiveorderrevokeanyonesAmericancitizenship\">\u003c/a>Would Trump’s executive order take away anyone’s American citizenship?\u003c/h2>\n\u003cp>Trump’s executive order said nothing about rescinding the citizenship of people born in the U.S. before Feb. 19, 2025, regardless of the immigration status of their parents.\u003c/p>\n\u003ch2>I’m worried: Is my newborn baby still a U.S. citizen?\u003c/h2>\n\u003cp>Trump’s executive order is still blocked nationwide as the Supreme Court makes a final decision, which isn’t expected until late June or early July.\u003c/p>\n\u003cp>At this moment, if your baby was born on or after Feb. 19, 2025, the federal government will still recognize them as a U.S. citizen, regardless of your own immigration status or what state the child was born in.\u003c/p>\n\u003ch2>If the Supreme Court rules in favor of the Trump administration, what will happen to babies excluded from U.S. citizenship?\u003c/h2>\n\u003cp>This remains unclear. The White House did not directly answer KQED’s question regarding what legal status would be available for affected babies if the Supreme Court rules in its favor.[aside postID=news_12078171 hero='https://cdn.kqed.org/wp-content/uploads/sites/10/2025/05/gettyimages-2157829281-11-1020x680.jpeg']Instead, White House spokeswoman Abigail Jackson wrote in an email to KQED that “[t]he Supreme Court has the opportunity to review the Fourteenth Amendment’s Citizenship Clause and restore the meaning of citizenship in the United States to its original public meaning.”\u003c/p>\n\u003cp>Officials also did not provide information on how children excluded from U.S. citizenship at birth would be able to attain this status in the future.\u003c/p>\n\u003cp>“Birthright citizenship is this really powerful idea that if you’re born in this country, you belong,” said Asian Law Caucus’s Kao. “You start as a full member of this democracy, regardless of your parents’ status or circumstances.”\u003c/p>\n\u003cp>While some children could seek the citizenship of their parents’ home countries, that’s not guaranteed. Some nations — like \u003ca href=\"https://consulmex.sre.gob.mx/losangeles/index.php/es/regcivil-podnotariales-menu2020/registro-de-nacimiento-de-hijos-de-mexicanos-nacidos-en-el-extranjero\">Mexico\u003c/a> or \u003ca href=\"https://www.gov.br/pt-br/servicos/registrar-nascimento-no-exterior\">Brazil\u003c/a> — do make it possible for parents to register their baby for citizenship at a consulate in the U.S.\u003c/p>\n\u003cp>But other nations, including \u003ca href=\"https://en.nia.gov.cn/n147418/n147458/c155976/content.html\">China\u003c/a>, prevent someone from seeking that country’s citizenship if that person lives elsewhere. And traveling abroad would be almost impossible for U.S.-born babies affected by the order, as they would lack a passport from any country.\u003c/p>\n\u003ch2>\u003ca id=\"ImhavingababysoonCouldmyfamilybeaffected\">\u003c/a>I’m currently expecting a baby, and my family could be affected by this executive order. Should I do anything to prepare?\u003c/h2>\n\u003cp>Some legal scholars told KQED that they’d be surprised if the Supreme Court sided with the Trump administration. One major reason they point out: every lower-ranking judge involved in this legal battle has said that the executive order goes against established law.\u003c/p>\n\u003cp>Just three days after Trump signed the executive order in January 2025, U.S. District Judge John C. Coughenour blocked the policy. “I have been on the bench for over four decades,” Coughenour said. “I can’t remember another case where the question presented is as clear as it is here. This is a blatantly unconstitutional order.”\u003c/p>\n\u003cfigure id=\"attachment_12078279\" class=\"wp-caption aligncenter\" style=\"max-width: 2000px\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\"size-full wp-image-12078279\" src=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2026/03/BirthrightCitizenshipGetty3.jpg\" alt=\"\" width=\"2000\" height=\"1333\" srcset=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2026/03/BirthrightCitizenshipGetty3.jpg 2000w, https://cdn.kqed.org/wp-content/uploads/sites/10/2026/03/BirthrightCitizenshipGetty3-160x107.jpg 160w, https://cdn.kqed.org/wp-content/uploads/sites/10/2026/03/BirthrightCitizenshipGetty3-1536x1024.jpg 1536w\" sizes=\"auto, (max-width: 2000px) 100vw, 2000px\">\u003cfigcaption class=\"wp-caption-text\">A student carries her baby at Lincoln Park High School, a school for pregnant students and young mothers, in Brownsville, Texas, on Nov. 1, 2023. \u003ccite>(Veronica G. Cardenas/AFP via Getty Images)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>However, the possibility still exists that the conservative-leaning Supreme Court could hand Trump an unexpected victory and overturn historical precedent — as happened \u003ca href=\"https://www.kqed.org/news/11917776/supreme-court-overturns-roe-v-wade\">in 2022\u003c/a> when the justices struck down \u003cem>Roe. v Wade\u003c/em>.\u003c/p>\n\u003cp>Kao from Asian Law Caucus said that even if the Supreme Court upholds the executive order, families could nonetheless anticipate an “implementation period” before the order took effect.\u003c/p>\n\u003cp>But to anyone expecting a baby very soon, Kao said, talk with an immigration lawyer as soon as possible. “Get a passport [for the baby] immediately,” she said. “Don’t sit and wait.”\u003c/p>\n\u003cp>[ad floatright]\u003c/p>\n",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cp>On the same day he returned to the White House in 2025, President \u003ca href=\"https://www.kqed.org/news/tag/donald-trump\">Donald Trump\u003c/a> signed \u003ca href=\"https://www.kqed.org/news/12046217/what-the-supreme-courts-latest-ruling-means-for-birthright-citizenship%5C\">an executive order\u003c/a> that would severely limit birthright citizenship in the United States.\u003c/p>\n\u003cp>This week, a lawsuit challenging this policy has reached the Supreme Court. On Wednesday, the justices will hear arguments in \u003cem>Trump v. Barbara\u003c/em> and decide if the president’s order — which would deny American citizenship to babies born in the country to parents who aren’t U.S. citizens or permanent legal residents— is in line with the Constitution.\u003c/p>\n\u003ch2>What’s at stake in \u003cem>Trump v. Barbara\u003c/em>\u003c/h2>\n\u003cp>Several lower courts have already ruled against the Trump administration and blocked the executive order from being enforced in the last 14 months. If the Supreme Court strikes down the order, that would confirm the \u003ca href=\"https://www.kqed.org/news/12015449/a-129-year-old-san-francisco-lawsuit-could-stop-trump-from-ending-birthright-citizenship\">longstanding interpretation\u003c/a> of the Constitution’s Fourteenth Amendment, which states that “All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States.”\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>\u003cstrong>Jump straight to: \u003c/strong>\u003c/p>\n\u003cul>\n\u003cli>\u003cstrong>\u003ca href=\"#CouldTrumpsexecutiveorderrevokeanyonesAmericancitizenship\">Could Trump’s executive order revoke anyone’s American citizenship?\u003c/a>\u003c/strong>\u003c/li>\n\u003cli>\u003cstrong>\u003ca href=\"#ImhavingababysoonCouldmyfamilybeaffected\">I’m having a baby soon. Could my family be affected?\u003c/a>\u003c/strong>\u003c/li>\n\u003c/ul>\n\u003cp>The White House, however, \u003ca href=\"https://www.whitehouse.gov/presidential-actions/2025/01/protecting-the-meaning-and-value-of-american-citizenship/\">argues\u003c/a> that unless a child has a parent who’s a U.S. citizen or lawful permanent resident, they should not be a U.S. citizen by birth.\u003c/p>\n\u003cp>If both parents are immigrants with no permanent legal status — a category that includes parents with no immigration documents, but also those with a student visa or temporary work permit — Trump’s executive order would deny those children U.S. citizenship at birth.\u003c/p>\n\u003cfigure id=\"attachment_11954996\" class=\"wp-caption aligncenter\" style=\"max-width: 2000px\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\"size-full wp-image-11954996\" src=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2023/07/230705-SUPREME-COURT-SCOTUS-AP-JM-KQED.jpg\" alt=\"The ornate columned facade of the US Supreme Court.\" width=\"2000\" height=\"1333\" srcset=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2023/07/230705-SUPREME-COURT-SCOTUS-AP-JM-KQED.jpg 2000w, https://cdn.kqed.org/wp-content/uploads/sites/10/2023/07/230705-SUPREME-COURT-SCOTUS-AP-JM-KQED-800x533.jpg 800w, https://cdn.kqed.org/wp-content/uploads/sites/10/2023/07/230705-SUPREME-COURT-SCOTUS-AP-JM-KQED-1020x680.jpg 1020w, https://cdn.kqed.org/wp-content/uploads/sites/10/2023/07/230705-SUPREME-COURT-SCOTUS-AP-JM-KQED-160x107.jpg 160w, https://cdn.kqed.org/wp-content/uploads/sites/10/2023/07/230705-SUPREME-COURT-SCOTUS-AP-JM-KQED-1536x1024.jpg 1536w, https://cdn.kqed.org/wp-content/uploads/sites/10/2023/07/230705-SUPREME-COURT-SCOTUS-AP-JM-KQED-1920x1280.jpg 1920w\" sizes=\"auto, (max-width: 2000px) 100vw, 2000px\">\u003cfigcaption class=\"wp-caption-text\">The Supreme Court in Washington on April 19, 2023. \u003ccite>(Jacquelyn Martin/AP Photo)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>In 2023, around 300,000 babies were born to undocumented parents, \u003ca href=\"https://www.pewresearch.org/race-and-ethnicity/2025/08/21/u-s-unauthorized-immigrant-population-reached-a-record-14-million-in-2023/\">according to the Pew Research Center\u003c/a>. According to Trump’s order, these babies are “not subject to the jurisdiction” of the U.S. government and therefore do not qualify for citizenship. But the federal government has not provided clear information on what legal status would be provided to children born in this situation.\u003c/p>\n\u003cp>“Our community members would be stateless,” said Roslyne Shiao, co-executive director for AAPI New Jersey, an advocacy group for Asian Americans and Pacific Islanders that has also organized a rally at the Supreme Court on Wednesday in defense of birthright citizenship.\u003c/p>\n\u003cp>The court is expected to deliver its ruling sometime between June and July. As the country waits for this decision, KQED will be responding to questions from audience members about what’s at stake in this legal battle and what families need to know about the potential impacts of this Supreme Court ruling.\u003c/p>\n\u003ch2>What does Trump’s birthright citizenship order say?\u003c/h2>\n\u003cp>On Jan. 20, Trump signed \u003ca href=\"https://www.whitehouse.gov/presidential-actions/2025/01/protecting-the-meaning-and-value-of-american-citizenship/\">an executive order\u003c/a> declaring that the federal government would no longer grant documents that confirm citizenship, like a Social Security Number or passport, to children born on or after Feb. 19, 2025, who are in the following situations:\u003c/p>\n\u003cul>\n\u003cli>At the time of birth, the baby’s biological mother was “unlawfully present” (with no legal status) in the U.S., and the biological father was not a U.S. citizen or lawful permanent resident.\u003c/li>\n\u003cli>At the time of birth, the baby’s biological mother was in the U.S. with a temporary visa or permit, and the biological father was not a U.S. citizen or lawful permanent resident.\u003c/li>\n\u003c/ul>\n\u003cfigure id=\"attachment_12074482\" class=\"wp-caption aligncenter\" style=\"max-width: 2000px\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\"size-full wp-image-12074482\" src=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2026/02/GettyImages-2262729717-scaled-e1773182284895.jpg\" alt=\"\" width=\"2000\" height=\"1413\">\u003cfigcaption class=\"wp-caption-text\">President Donald Trump speaks during a press briefing at the White House on Feb. 20, 2026, in Washington, D.C. \u003ccite>(Chen Mengtong/China News Service/VCG via Getty Images)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>The text of the executive order, while written in legal language that is often opaque to the general public, suggests that the following families could be affected by Trump’s order:\u003c/p>\n\u003cul>\n\u003cli>Families where both parents have no legal immigration documents at the time of their baby’s birth\u003c/li>\n\u003cli>Families where both parents only have a \u003cem>temporary \u003c/em>legal status, which could include: Temporary Protected Status (TPS), Deferred Action for Childhood Arrivals (DACA), H1-B holders, a student J-1 visa or an H-2A visa for agricultural workers, another temporary visa or humanitarian parole\u003c/li>\n\u003cli>If one parent has no legal status and the other only has a temporary legal status, which could include: TPS, DACA, H1-B holders, a student J-1 visa or an H-2A visa for agricultural workers, another temporary visa or humanitarian parole.\u003c/li>\n\u003c/ul>\n\u003cp>If the executive order is allowed to take effect, babies born to families in the above situations would not have birthright citizenship.\u003c/p>\n\u003ch2>Is the federal government enforcing this order right now?\u003c/h2>\n\u003cp>No. The Trump administration currently cannot enforce the executive order due to a nationwide injunction \u003ca href=\"https://www.npr.org/2025/07/11/nx-s1-5463808/new-hampshire-judge-blocks-trump-birthright-citizenship-executive-order-nationwide\">issued last summer\u003c/a> by a federal judge in New Hampshire.\u003c/p>\n\u003cp>The order remains frozen until the Supreme Court makes a final decision over its legality. In the meantime, U.S. citizenship is still guaranteed to babies born to immigrant parents without permanent legal status.\u003c/p>\n\u003ch2>Who is behind \u003cem>Trump v. Barbara\u003c/em>?\u003c/h2>\n\u003cp>From the moment that Trump signed his executive order in 2025, different groups have sought to stop this policy in the courtroom.\u003c/p>\n\u003cp>Twenty-two states — including California — announced a lawsuit the day after, and soon were able to obtain multiple nationwide injunctions from federal district judges. However, the Supreme Court \u003ca href=\"https://www.kqed.org/news/12044886/supreme-court-birthright-citizenship-ruling-limits-nationwide-injunctions\">overturned these injunctions\u003c/a> last summer and ruled that lower courts had exceeded their authority.\u003c/p>\n\u003cfigure id=\"attachment_12078180\" class=\"wp-caption aligncenter\" style=\"max-width: 2000px\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\"size-full wp-image-12078180\" src=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2026/03/BirthrightCitizenshipGetty2.jpg\" alt=\"\" width=\"2000\" height=\"1296\" srcset=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2026/03/BirthrightCitizenshipGetty2.jpg 2000w, https://cdn.kqed.org/wp-content/uploads/sites/10/2026/03/BirthrightCitizenshipGetty2-160x104.jpg 160w, https://cdn.kqed.org/wp-content/uploads/sites/10/2026/03/BirthrightCitizenshipGetty2-1536x995.jpg 1536w\" sizes=\"auto, (max-width: 2000px) 100vw, 2000px\">\u003cfigcaption class=\"wp-caption-text\">Nine-month-old Tyler Colt enjoys a ride on his grandfather, Keith Kennedy’s, shoulders on June 30, 2016, in League City. \u003ccite>(Steve Gonzales/Houston Chronicle via Getty Images)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>But the court still allows for nationwide injunctions in class-action cases. So in response, a coalition of civil rights groups presented the \u003ca href=\"https://www.asianlawcaucus.org/news-resources/news/brief-birthright-citizenship-scotus\">class-action \u003cem>Trump v. Barbara\u003c/em>\u003c/a> on behalf of newborn babies affected by the executive order.\u003c/p>\n\u003cp>One of those groups is the San Francisco-based Asian Law Caucus, whose legal team is arguing that the question of birthright citizenship was established a long time ago — \u003ca href=\"https://www.kqed.org/news/12015449/a-129-year-old-san-francisco-lawsuit-could-stop-trump-from-ending-birthright-citizenship\">128 years ago\u003c/a>, specifically, in the landmark case \u003cem>United States v. Wong Kim Ark\u003c/em>.\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>Born in San Francisco in the 1870s to Chinese immigrants, Wong Kim Ark sued the federal government when he was denied reentry into the U.S. after a trip to China.\u003c/p>\n\u003cp>Officials said that Wong was not a U.S. citizen but rather a Chinese national: a population that at the time was restricted from entering the country.\u003c/p>\n\u003cp>Wong’s case made it all the way to the Supreme Court, where the federal government asserted that Wong could not be a citizen because his parents were not under the jurisdiction of the U.S. government at the time of his birth — a very similar claim to the one the Trump administration has used to defend its executive order.\u003c/p>\n\u003cp>The justices did not accept this argument and \u003ca href=\"https://www.law.cornell.edu/supremecourt/text/169/649\">sided with Wong\u003c/a> in 1898. In its ruling, the court declared that the Fourteenth Amendment — initially written to defend the rights of formerly enslaved African Americans and their children — also “includes the children born within the territory of the United States of all other persons, of whatever race or color.”\u003c/p>\n\u003cp>This legal battle is about defending the legacy of Wong Kim Ark and the Bay Area’s Chinese-American community that stood by him, said Winnie Kao, senior counsel for Asian Law Caucus.\u003c/p>\n\u003cp>“In the 120-plus years since, the decision has been understood to affirm that U.S.-born children are citizens, regardless of their parents’ immigration status,” Kao said. “All three branches of government — Republican and Democratic — have relied upon that understanding since.”\u003c/p>\n\u003ch2>\u003ca id=\"CouldTrumpsexecutiveorderrevokeanyonesAmericancitizenship\">\u003c/a>Would Trump’s executive order take away anyone’s American citizenship?\u003c/h2>\n\u003cp>Trump’s executive order said nothing about rescinding the citizenship of people born in the U.S. before Feb. 19, 2025, regardless of the immigration status of their parents.\u003c/p>\n\u003ch2>I’m worried: Is my newborn baby still a U.S. citizen?\u003c/h2>\n\u003cp>Trump’s executive order is still blocked nationwide as the Supreme Court makes a final decision, which isn’t expected until late June or early July.\u003c/p>\n\u003cp>At this moment, if your baby was born on or after Feb. 19, 2025, the federal government will still recognize them as a U.S. citizen, regardless of your own immigration status or what state the child was born in.\u003c/p>\n\u003ch2>If the Supreme Court rules in favor of the Trump administration, what will happen to babies excluded from U.S. citizenship?\u003c/h2>\n\u003cp>This remains unclear. The White House did not directly answer KQED’s question regarding what legal status would be available for affected babies if the Supreme Court rules in its favor.\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>Instead, White House spokeswoman Abigail Jackson wrote in an email to KQED that “[t]he Supreme Court has the opportunity to review the Fourteenth Amendment’s Citizenship Clause and restore the meaning of citizenship in the United States to its original public meaning.”\u003c/p>\n\u003cp>Officials also did not provide information on how children excluded from U.S. citizenship at birth would be able to attain this status in the future.\u003c/p>\n\u003cp>“Birthright citizenship is this really powerful idea that if you’re born in this country, you belong,” said Asian Law Caucus’s Kao. “You start as a full member of this democracy, regardless of your parents’ status or circumstances.”\u003c/p>\n\u003cp>While some children could seek the citizenship of their parents’ home countries, that’s not guaranteed. Some nations — like \u003ca href=\"https://consulmex.sre.gob.mx/losangeles/index.php/es/regcivil-podnotariales-menu2020/registro-de-nacimiento-de-hijos-de-mexicanos-nacidos-en-el-extranjero\">Mexico\u003c/a> or \u003ca href=\"https://www.gov.br/pt-br/servicos/registrar-nascimento-no-exterior\">Brazil\u003c/a> — do make it possible for parents to register their baby for citizenship at a consulate in the U.S.\u003c/p>\n\u003cp>But other nations, including \u003ca href=\"https://en.nia.gov.cn/n147418/n147458/c155976/content.html\">China\u003c/a>, prevent someone from seeking that country’s citizenship if that person lives elsewhere. And traveling abroad would be almost impossible for U.S.-born babies affected by the order, as they would lack a passport from any country.\u003c/p>\n\u003ch2>\u003ca id=\"ImhavingababysoonCouldmyfamilybeaffected\">\u003c/a>I’m currently expecting a baby, and my family could be affected by this executive order. Should I do anything to prepare?\u003c/h2>\n\u003cp>Some legal scholars told KQED that they’d be surprised if the Supreme Court sided with the Trump administration. One major reason they point out: every lower-ranking judge involved in this legal battle has said that the executive order goes against established law.\u003c/p>\n\u003cp>Just three days after Trump signed the executive order in January 2025, U.S. District Judge John C. Coughenour blocked the policy. “I have been on the bench for over four decades,” Coughenour said. “I can’t remember another case where the question presented is as clear as it is here. This is a blatantly unconstitutional order.”\u003c/p>\n\u003cfigure id=\"attachment_12078279\" class=\"wp-caption aligncenter\" style=\"max-width: 2000px\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\"size-full wp-image-12078279\" src=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2026/03/BirthrightCitizenshipGetty3.jpg\" alt=\"\" width=\"2000\" height=\"1333\" srcset=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2026/03/BirthrightCitizenshipGetty3.jpg 2000w, https://cdn.kqed.org/wp-content/uploads/sites/10/2026/03/BirthrightCitizenshipGetty3-160x107.jpg 160w, https://cdn.kqed.org/wp-content/uploads/sites/10/2026/03/BirthrightCitizenshipGetty3-1536x1024.jpg 1536w\" sizes=\"auto, (max-width: 2000px) 100vw, 2000px\">\u003cfigcaption class=\"wp-caption-text\">A student carries her baby at Lincoln Park High School, a school for pregnant students and young mothers, in Brownsville, Texas, on Nov. 1, 2023. \u003ccite>(Veronica G. Cardenas/AFP via Getty Images)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>However, the possibility still exists that the conservative-leaning Supreme Court could hand Trump an unexpected victory and overturn historical precedent — as happened \u003ca href=\"https://www.kqed.org/news/11917776/supreme-court-overturns-roe-v-wade\">in 2022\u003c/a> when the justices struck down \u003cem>Roe. v Wade\u003c/em>.\u003c/p>\n\u003cp>Kao from Asian Law Caucus said that even if the Supreme Court upholds the executive order, families could nonetheless anticipate an “implementation period” before the order took effect.\u003c/p>\n\u003cp>But to anyone expecting a baby very soon, Kao said, talk with an immigration lawyer as soon as possible. “Get a passport [for the baby] immediately,” she said. “Don’t sit and wait.”\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cp>The evening commute rush hour was starting to take shape on a recent late afternoon in \u003ca href=\"https://www.kqed.org/news/tag/san-francisco\">San Francisco\u003c/a>’s SOMA district, at the corner of Third and Harrison streets.\u003c/p>\n\u003cp>Downtown office workers, wearing backpacks and headphones, wordlessly passed one another on their way to nearby train stations. Muni buses groaned and sighed as they pulled up to a bus stop near an unremarkable half-acre concrete parking lot.\u003c/p>\n\u003cp>“If you believe in civil rights, if you believe all Americans should have civil rights, it started right here,” said David Lei, pointing to the nearly full concrete parking lot that would soon begin emptying. He added: “And this was [the location of] the case that says noncitizens have rights as well … but we forgot. Most people have forgotten.”\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>The de facto local expert on Chinese American history believes a plaque should be installed here to commemorate Yick Wo, a Chinese-owned laundry business that operated at 349 Third St. from 1864 to 1886.\u003c/p>\n\u003cp>It became the focal point of a consequential U.S. Supreme Court case, \u003ca href=\"https://supreme.justia.com/cases/federal/us/118/356/\">\u003cem>Yick Wo v. Hopkins\u003c/em>\u003c/a>, when the laundry’s owner, a Chinese immigrant named Lee Yick, and another laundry owner, Wo Lee, resisted an unfair San Francisco laundry business permit ordinance — one emblematic of the targeted anti-Chinese hostility pervasive in the city at the time.\u003c/p>\n\u003cp>“Yick was an individual, a nobody, but the community supported him and organized,” Lei said.\u003c/p>\n\u003cfigure id=\"attachment_12050750\" class=\"wp-caption aligncenter\" style=\"max-width: 2000px\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\"size-full wp-image-12050750\" src=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2025/08/250729-YICKWOCIVILRIGHTS-05-KQED.jpg\" alt=\"\" width=\"2000\" height=\"1333\" srcset=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2025/08/250729-YICKWOCIVILRIGHTS-05-KQED.jpg 2000w, https://cdn.kqed.org/wp-content/uploads/sites/10/2025/08/250729-YICKWOCIVILRIGHTS-05-KQED-160x107.jpg 160w, https://cdn.kqed.org/wp-content/uploads/sites/10/2025/08/250729-YICKWOCIVILRIGHTS-05-KQED-1536x1024.jpg 1536w\" sizes=\"auto, (max-width: 2000px) 100vw, 2000px\">\u003cfigcaption class=\"wp-caption-text\">David Lei stands near Third and Harrison streets in San Francisco on July 29, 2025, the former site of Yick Wo Laundry, which operated at 349 Third St. and was central to the landmark 1886 Supreme Court case on equal protection. \u003ccite>(Beth LaBerge/KQED)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>When most people consider the contributions of America’s earliest Chinese immigrants, they often think of \u003ca href=\"https://www.kqed.org/forum/201509070900/stanford-project-unearths-personal-histories-of-chinese-railroad-workers\">the Transcontinental Railroad\u003c/a>. Lei, who is not related to the author, believes that’s a profound minimization of their influence — even among Chinese Americans themselves.\u003c/p>\n\u003cp>After the Chinese Exclusion Act of 1882, Chinese immigrants filed more than 10,000 lawsuits at the local, state and federal levels to challenge discriminatory laws and systemic \u003ca href=\"https://www.kqed.org/news/10413670/draft-boomtown-history-2a\">racism\u003c/a>. Dozens of those cases reached the U.S. Supreme Court, including one brought by \u003ca href=\"https://www.kqed.org/news/12015449/a-129-year-old-san-francisco-lawsuit-could-stop-trump-from-ending-birthright-citizenship\">Wong Kim Ark\u003c/a>, a case recently spotlighted as the Trump administration continues an attempt to dismantle birthright citizenship, despite \u003ca href=\"https://www.kqed.org/news/12046217/what-the-supreme-courts-latest-ruling-means-for-birthright-citizenship\">multiple court rulings\u003c/a> to block the executive order.\u003c/p>\n\u003cp>Through the legal maneuvering of early Chinese community leaders, \u003cem>Yick Wo \u003c/em>established that \u003ca href=\"https://constitution.congress.gov/constitution/amendment-14/\">the 14th Amendment\u003c/a>’s equal protection and due process clauses apply to “all persons” — including noncitizens in the U.S. These same rights are being tested today as the Trump administration’s \u003ca href=\"https://www.kqed.org/news/12044748/mass-deportations-would-take-a-major-toll-on-california-economy-report-finds\">immigration crackdown intensifies\u003c/a>.\u003c/p>\n\u003cp>\u003cem>Yick Wo\u003c/em> is just one way early Chinese immigrants helped shape constitutional principles that remain foundational to American democracy. Community leaders and immigrant advocates like Lei say the case is more relevant today than ever, serving as a powerful rebuttal to anti-immigrant rhetoric and a reminder that constitutional protections have long applied to noncitizens.\u003c/p>\n\u003ch2>Echoes of the past in today’s immigration fight\u003c/h2>\n\u003cp>Though \u003cem>Yick Wo v. Hopkins \u003c/em>is a staple of constitutional law courses, it remains largely unknown outside the legal community. In 1984, an \u003ca href=\"https://www.kqed.org/news/12008873/san-francisco-school-closures-will-hurt-chinese-immigrant-communities-city-leaders-say\">elementary school\u003c/a> in San Francisco was named after the case, but its website offers only a cursory summary of its historical significance.\u003c/p>\n\u003cp>Legal experts herald Yick’s victory as extraordinary, given the anti-immigrant environment Chinese immigrants endured in the 19th century — attitudes that echo today.\u003c/p>\n\u003cp>Since returning to the White House, Trump has made good on his promise of a massive deportation campaign by aggressively targeting, detaining and deporting immigrants nationwide. High-profile Immigration and Customs Enforcement activity \u003ca href=\"https://www.kqed.org/news/12042836/community-outrage-continues-over-ice-raid-at-san-diego-restaurant\">in Southern California \u003c/a>captured national attention in June, as videos of militarized arrests circulated on social media and fueled \u003ca href=\"https://www.kqed.org/news/12043653/hundreds-rally-in-oakland-to-protest-ice-raids-support-immigrant-communities\">protests locally\u003c/a> and across the country.\u003c/p>\n\u003cfigure id=\"attachment_12050752\" class=\"wp-caption aligncenter\" style=\"max-width: 2000px\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\"size-full wp-image-12050752\" src=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2025/08/250731-YICKWOCIVILRIGHTS-02-KQED.jpg\" alt=\"\" width=\"2000\" height=\"1333\" srcset=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2025/08/250731-YICKWOCIVILRIGHTS-02-KQED.jpg 2000w, https://cdn.kqed.org/wp-content/uploads/sites/10/2025/08/250731-YICKWOCIVILRIGHTS-02-KQED-160x107.jpg 160w, https://cdn.kqed.org/wp-content/uploads/sites/10/2025/08/250731-YICKWOCIVILRIGHTS-02-KQED-1536x1024.jpg 1536w\" sizes=\"auto, (max-width: 2000px) 100vw, 2000px\">\u003cfigcaption class=\"wp-caption-text\">The exhibit Challenging a White-Washed History at the Chinese Historical Society of America Museum in San Francisco on July 31, 2025. The exhibition explores the history of Chinese laundries and their role in resisting discrimination and shaping immigrant labor in the U.S. \u003ccite>(Beth LaBerge/KQED)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>The administration continues to portray undocumented immigrants as criminal invaders and threats to national security. Officials \u003ca href=\"https://www.dhs.gov/news/2025/06/30/dhs-debunks-fake-news-media-narratives-june\">claim\u003c/a> they target “the worst of the worst, including gang members, murderers, and rapists,” but most people detained by ICE have \u003ca href=\"https://www.kqed.org/news/12038087/california-sent-investigators-ice-facilities-found-more-detainees-health-care-gaps\">no criminal convictions\u003c/a>.\u003c/p>\n\u003cp>Recently, in the Bay Area, ICE arrests have occurred \u003ca href=\"https://www.kqed.org/news/12028303/ice-arrest-left-bay-area-man-hospitalized-struggling-breathe-attorney-says\">outside of homes\u003c/a> and courthouses \u003ca href=\"https://www.kqed.org/news/12044592/bay-area-lawmaker-demands-answers-after-ice-arrests-at-immigration-courts\">in Concord\u003c/a> and \u003ca href=\"https://www.kqed.org/news/12043596/protesters-swarm-sf-immigration-court-after-more-ice-arrests\">San Francisco\u003c/a>, where plainclothes agents detained asylum seekers attending routine court hearings.\u003c/p>\n\u003cp>Cecillia Wang, national legal director of the American Civil Liberties Union, began her role just before Trump’s second term. She oversees a department of about 200 attorneys and paralegals and calls this “the most consequential time in U.S. history.”\u003c/p>\n\u003cp>In late July, Republicans approved a spending bill that \u003ca href=\"https://www.kqed.org/forum/2010101910650/ices-budget-just-tripled-whats-next\">tripled ICE’s budget\u003c/a>. The removal of immigrants from the country has accelerated through a variety of tactics: The Trump administration has broadened expedited removal, selectively enforced policies in sanctuary jurisdictions, targeted certain migrant groups and fast-tracked deportations — often without full hearings.[aside postID=news_12021919 hero='https://cdn.kqed.org/wp-content/uploads/sites/10/2025/01/20250115_JapaneseAmericanActivism_GC-47-1020x680.jpg']But because of \u003cem>Yick Wo\u003c/em>, constitutional protections should apply to everyone on U.S. soil, regardless of citizenship status. That’s why immigration attorneys and advocates are especially vigilant.\u003c/p>\n\u003cp>“It’s a responsibility that I think is particularly heavy at this moment in time, with a president and administration that has so little respect for civil rights and civil liberties…and so little respect for all the fundamental pillars of U.S. democracy,” Wang said.\u003c/p>\n\u003cp>A San Francisco resident, Wang has worked for the ACLU in various roles for over two decades. The organization has filed more than 60 lawsuits challenging Trump’s second-term policies.\u003c/p>\n\u003cp>Wang, who first studied \u003cem>Yick Wo\u003c/em> as an undergraduate at UC Berkeley, feels personally connected to the case as an Asian American. She has cited it throughout her career as a civil rights lawyer.\u003c/p>\n\u003cp>“One of the lessons of \u003cem>Yick Wo \u003c/em>that I think is really resonant for me right now is that someone who seemed politically powerless, under-resourced and invisible by all accounts was able to bring his claim up through the federal court system to the Supreme Court of the United States,” Wang said.\u003c/p>\n\u003ch2>Redefining constitutional rights in the U.S.\u003c/h2>\n\u003cp>When one considers the odds stacked against Chinese laundry owners as Yick brought his claim forward, the case becomes especially remarkable.\u003c/p>\n\u003cp>Though initially welcomed during the Gold Rush, Chinese immigrants eventually became targets as their population and industrial workforce roles expanded. They took jobs as miners and railroad laborers.\u003c/p>\n\u003cp>They were also entrepreneurial. Early Chinese immigrants filled a specific need that no one else seemed eager to do: laundry service. Chinese immigrants eventually dominated the industry, which would continue for the rest of the 19th century.\u003c/p>\n\u003cfigure id=\"attachment_12051938\" class=\"wp-caption aligncenter\" style=\"max-width: 2000px\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\"size-full wp-image-12051938\" src=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2025/08/250812-YICK-WO-ARCHIVAL-03_KQED.jpg\" alt=\"\" width=\"2000\" height=\"1545\" srcset=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2025/08/250812-YICK-WO-ARCHIVAL-03_KQED.jpg 2000w, https://cdn.kqed.org/wp-content/uploads/sites/10/2025/08/250812-YICK-WO-ARCHIVAL-03_KQED-160x124.jpg 160w, https://cdn.kqed.org/wp-content/uploads/sites/10/2025/08/250812-YICK-WO-ARCHIVAL-03_KQED-1536x1187.jpg 1536w\" sizes=\"auto, (max-width: 2000px) 100vw, 2000px\">\u003cfigcaption class=\"wp-caption-text\">\u003cspan style=\"font-weight: 400\">A Chinese laundry at 924 Howard St. in San Francisco \u003c/span>is shown in a historical photograph dated Jan. 22, 1886. \u003ccite>(Courtesy of the National Archives at San Francisco)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>By 1860, about one in 10 California residents was Chinese. Their prominence alarmed white leaders, including then-California governor Henry Huntly Haight.\u003c/p>\n\u003cp>“An additional influx of Chinese to compete with white laboring men in all industrial departments ought to be discouraged by all lawful means. For the sake of some supposed advantage of cheap labor, such influx would inflict a curse upon posterity for all time,” he said during his \u003ca href=\"https://governors.library.ca.gov/addresses/10-haight.html\">1867 inaugural address\u003c/a>.\u003c/p>\n\u003cp>Widespread violence soon followed. By the 1870s, anti-Chinese sentiment escalated across the West Coast, with Chinese immigrants subjected to \u003ca href=\"https://www.kqed.org/forum/2010101886267/california-cities-apologize-for-historical-wrongs-against-chinese-community\">mob-led destruction\u003c/a>, including mass lynchings.\u003c/p>\n\u003cp>According to \u003cem>In Search of Equality: The Chinese Struggle Against Discrimination in Nineteenth-Century America\u003c/em>, a seminal book on Chinese American history by former UC Berkeley professor Charles McClain, there were about 2,600 Chinese laundrymen in California by 1870 — half of them in San Francisco.[aside postID=news_12033789 hero='https://cdn.kqed.org/wp-content/uploads/sites/10/2025/03/250324-WongKimArk-02-BL_qed-1020x680.jpg']Chinese laundry owners faced a flurry of discriminatory city ordinances. One imposed high license fees on those without horse-drawn carriages. Another required written approval from 12 citizens and taxpayers on the block where the business was located.\u003c/p>\n\u003cp>In 1880, the city passed a notorious law requiring permits for laundries not made of brick or stone. At the time, nearly all of San Francisco’s laundries, especially those owned by Chinese immigrants, were wooden structures. Of about 200 applicants, all were denied permits, while their white counterparts were not.\u003c/p>\n\u003cp>In 1885, Yick Wo’s owner refused to stop operating and was arrested by Sheriff Peter Hopkins. Rather than serve the sentence, Lee and other laundrymen fought back with support from the Chinese Consolidated Benevolent Association, also known as the Chinese Six Companies.\u003c/p>\n\u003cp>The Six Companies — a powerful coalition of family and district associations that functioned as both mutual aid organizations and political advocates for the Chinese immigrant community — \u003ca href=\"https://www.kqed.org/news/12015449/a-129-year-old-san-francisco-lawsuit-could-stop-trump-from-ending-birthright-citizenship\">coordinated legal strategies\u003c/a>, raised sizable funds by taxing Chinese immigrants and, importantly, helped them navigate a hostile legal system.\u003c/p>\n\u003cp>“This was the GoFundMe of Chinatown from 1850,” Lei told KQED from inside CCBA’s ornately designed Stockton Street headquarters, where family association leaders and San Francisco politicians still meet.\u003c/p>\n\u003cp>Together with Tung Hing Tong, a 19th-century Chinese laundry association, substantial resources were pooled to fight San Francisco’s unfair permitting ordinance.\u003c/p>\n\u003cfigure id=\"attachment_12050748\" class=\"wp-caption aligncenter\" style=\"max-width: 2000px\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\"size-full wp-image-12050748\" src=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2025/08/250729-YICKWOCIVILRIGHTS-01-KQED.jpg\" alt=\"\" width=\"2000\" height=\"1333\" srcset=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2025/08/250729-YICKWOCIVILRIGHTS-01-KQED.jpg 2000w, https://cdn.kqed.org/wp-content/uploads/sites/10/2025/08/250729-YICKWOCIVILRIGHTS-01-KQED-160x107.jpg 160w, https://cdn.kqed.org/wp-content/uploads/sites/10/2025/08/250729-YICKWOCIVILRIGHTS-01-KQED-1536x1024.jpg 1536w\" sizes=\"auto, (max-width: 2000px) 100vw, 2000px\">\u003cfigcaption class=\"wp-caption-text\">David Lei stands on Spofford Street in San Francisco’s Chinatown on July 29, 2025, the historical site of the Chinese Laundry Association, once located at 33 Spofford St. A longtime resident and community historian, Lei has worked to preserve Chinatown’s cultural and educational legacy. \u003ccite>(Beth LaBerge/KQED)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>“They taxed themselves, raised $20,000 — equivalent to more than half a million dollars today — and hired the best lawyer money could buy to win this case,” Lei said.\u003c/p>\n\u003cp>That lawyer was Hall McAllister, a federal judge and founder of the California Bar Association, who became one of the key members of the Six Companies’ legal team as they filed lawsuits.\u003c/p>\n\u003cp>When asked why these powerful white lawyers would go against the popular grain to argue on behalf of Chinese immigrants, Lei said Chinese immigrants often paid up to about double of what other clients would pay.\u003c/p>\n\u003cp>The strategy worked.[aside postID=news_12015449 hero='https://cdn.kqed.org/wp-content/uploads/sites/10/2024/11/20241119_BirthrightCitizenshipExplainer_GC-16_qed-1020x680.jpg']In 1886, the U.S. Supreme Court \u003ca href=\"https://supreme.justia.com/cases/federal/us/118/356/\">ruled unanimously for Yick\u003c/a>, declaring that even if a law appears to be race-neutral, “if it is applied and administered by public authority with an evil eye and an unequal hand,” then it violates the equal protection clause of the 14th Amendment.\u003c/p>\n\u003cp>Crucially, the court emphasized that its protections “extend to all persons within the territorial jurisdiction of the United States, without regard to differences of race, of color, or of nationality.”\u003c/p>\n\u003cp>The keyword here is “persons,” not “citizens.” \u003cem>Yick Wo\u003c/em> marked the first time the Supreme Court extended constitutional protections under the 14th Amendment — including due process rights — to noncitizens.\u003c/p>\n\u003cp>Wang said \u003cem>Yick Wo \u003c/em>“reverberates in almost every civil rights case that’s been brought under the Equal Protection Clause.” It laid the foundation for challenges involving interracial marriage, school desegregation, housing discrimination, voting rights, gender and disability discrimination and same-sex marriage.\u003c/p>\n\u003cp>Critically, \u003cem>Yick Wo\u003c/em> provided a legal foundation to challenge discriminatory enforcement of laws — a central feature of Jim Crow. During the civil rights era, attorneys revived their principles in landmark cases, including \u003ca href=\"https://www.archives.gov/milestone-documents/brown-v-board-of-education\">\u003cem>Brown v. Board of Education\u003c/em>\u003c/a>.\u003c/p>\n\u003cp>While \u003cem>Yick Wo \u003c/em>didn’t end anti-Chinese sentiment, it established a constitutional principle that still underpins civil rights protections for both citizens and immigrants today.\u003c/p>\n\u003ch2>Why due process is critical now\u003c/h2>\n\u003cp>In early July, a \u003ca href=\"https://www.youtube.com/watch?v=GQ_YGzfaQLM&t=1s\">viral video\u003c/a> showed ICE agents clashing with protesters during an arrest in San Francisco. One protester jumped onto an ICE van’s hood before falling as it drove off.\u003c/p>\n\u003cp>Other similarly viral videos show community members confronting ICE agents, demanding to see arrest warrants and reminding immigrants of their due process rights.\u003c/p>\n\u003cp>For longtime immigrant advocates like Lisa Knox, legal director of the California Collaborative for Immigrant Justice, ICE’s actions aren’t surprising.\u003c/p>\n\u003cfigure id=\"attachment_12050751\" class=\"wp-caption aligncenter\" style=\"max-width: 2000px\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\"size-full wp-image-12050751\" src=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2025/08/250729-YICKWOCIVILRIGHTS-09-KQED.jpg\" alt=\"\" width=\"2000\" height=\"1333\" srcset=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2025/08/250729-YICKWOCIVILRIGHTS-09-KQED.jpg 2000w, https://cdn.kqed.org/wp-content/uploads/sites/10/2025/08/250729-YICKWOCIVILRIGHTS-09-KQED-160x107.jpg 160w, https://cdn.kqed.org/wp-content/uploads/sites/10/2025/08/250729-YICKWOCIVILRIGHTS-09-KQED-1536x1024.jpg 1536w\" sizes=\"auto, (max-width: 2000px) 100vw, 2000px\">\u003cfigcaption class=\"wp-caption-text\">A statue of Hall McAllister stands near San Francisco City Hall on July 29, 2025. As a federal judge, McAllister ruled in favor of Yick Wo in the landmark civil rights case that affirmed equal protection under the 14th Amendment for Chinese immigrants. \u003ccite>(Beth LaBerge/KQED)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>“ICE has always been a rogue agency,” she said. “Yes, we are seeing some new tactics … but I would emphasize that this isn’t a complete departure for this agency. [ICE] has a long history of these abusive tactics, of doing things that violate the law.”\u003c/p>\n\u003cp>Formed after Trump’s first election in 2016, CCIJ offers legal help to detained immigrants in Northern and Central California and plays a central coordinating role in the state’s \u003ca href=\"https://www.kqed.org/news/12049326/as-ice-operations-expand-how-are-immigrant-allies-responding\">rapid response organizing\u003c/a>, including activating attorneys and mobilizing volunteers during ICE activity. They also raise awareness of the \u003ca href=\"https://www.kqed.org/news/12043004/in-recorded-calls-reports-of-overcrowding-and-lack-of-food-at-ice-detention-centers\">inhumane living conditions\u003c/a> inside detention centers.\u003c/p>\n\u003cp>Knox said the Bay Area is well organized when it comes to defending immigrant rights. She believes that may have helped prevent mass raids and more severe rights violations in the region, compared to other parts of the country.\u003c/p>\n\u003cp>But what is striking to Knox is the mainstream attention around the constitutional rights of immigrants.[aside postID=news_12025613 hero='https://cdn.kqed.org/wp-content/uploads/sites/10/2025/03/20250130-JSeiHome-JY-1927-1020x680.jpg']“There has never been a conversation about due process in my lifetime [like this],” said Knox, who also teaches an immigration and citizenship class at UC Berkeley. “Law is influenced by politics. The fact that people are taking an interest in these decisions and wanting to defend these fundamental rights is really important and really key.”\u003c/p>\n\u003cp>Attorneys like Jordan Wells, a senior staff attorney with the Lawyers’ Committee for Civil Rights, have defended immigrants in court, including a legal permanent resident targeted for participating in a pro-Palestine rally at Columbia University. Another lawsuit challenges ICE courthouse arrests as violations of the Due Process Clause.\u003c/p>\n\u003cp>According to Wells, due process has always provided a counterbalance to any presidential administration’s attempts to test the limits of constitutional protections. He said it is especially critical now as the Trump administration has tried to block immigrants from legal counsel and coerce deportation agreements.\u003c/p>\n\u003cp>“We are seeing all manner of attempts to prevent people from communicating with counsel about their immigration status,” Wells said. “They have tried to get people to concede to their removability from the country, no matter how long they’ve been here, and just get them shipped out as quickly as possible.”\u003c/p>\n\u003cfigure id=\"attachment_12050754\" class=\"wp-caption aligncenter\" style=\"max-width: 2000px\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\"size-full wp-image-12050754\" src=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2025/08/250731-YICKWOCIVILRIGHTS-06-KQED.jpg\" alt=\"\" width=\"2000\" height=\"1333\" srcset=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2025/08/250731-YICKWOCIVILRIGHTS-06-KQED.jpg 2000w, https://cdn.kqed.org/wp-content/uploads/sites/10/2025/08/250731-YICKWOCIVILRIGHTS-06-KQED-160x107.jpg 160w, https://cdn.kqed.org/wp-content/uploads/sites/10/2025/08/250731-YICKWOCIVILRIGHTS-06-KQED-1536x1024.jpg 1536w\" sizes=\"auto, (max-width: 2000px) 100vw, 2000px\">\u003cfigcaption class=\"wp-caption-text\">Spofford Street in San Francisco’s Chinatown neighborhood on July 31, 2025. \u003ccite>(Beth LaBerge/KQED)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>For Knox, public education is critical, as demonstrated by local grassroots efforts to form rapid response networks during Trump’s first term.\u003c/p>\n\u003cp>“That first 24-hour period is really crucial for the person to be informed of their rights and options, and to exercise them so that they’re not just deported without the chance to access the process that is their right,” Knox said. “As lawyers, a lot of the time we show up after somebody has already been placed in detention … but if people can be educated and know their rights and assert them before that happens, often they can prevent their detention or they can have more options.”\u003c/p>\n\u003cp>She emphasizes that drawing connections between communities is also a powerful way to build collective strength.\u003c/p>\n\u003cp>“If we allow the government to take away immigrants’ rights to due process, then we’re all at risk,” Knox said. “We are building and exercising our power, so that’s our focus. We say over and over: power, not panic.”\u003c/p>\n\u003cp>Knox said \u003cem>Yick Wo\u003c/em> is more than a legal decision — it’s a historical reminder.\u003c/p>\n\u003cp>“We’ve been here before, and some of these questions have come up,” she said. “Who gets to enjoy the rights of citizenship? What rights should be afforded to anyone, regardless of legal status, because they’re part of this community?”\u003c/p>\n\u003cp>Wang is grateful that early Chinese immigrants asked these questions, forcing the U.S. to follow its own constitutional laws: “The fundamental promise of the 14th Amendment was only as good as the writing until people like [Lee Yick and Wo Lee] took their fights and fleshed out those words on paper… and made it a lived reality for people.”\u003c/p>\n\u003cfigure id=\"attachment_12050749\" class=\"wp-caption aligncenter\" style=\"max-width: 2000px\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\"size-full wp-image-12050749\" src=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2025/08/250729-YICKWOCIVILRIGHTS-03-KQED.jpg\" alt=\"\" width=\"2000\" height=\"1333\" srcset=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2025/08/250729-YICKWOCIVILRIGHTS-03-KQED.jpg 2000w, https://cdn.kqed.org/wp-content/uploads/sites/10/2025/08/250729-YICKWOCIVILRIGHTS-03-KQED-160x107.jpg 160w, https://cdn.kqed.org/wp-content/uploads/sites/10/2025/08/250729-YICKWOCIVILRIGHTS-03-KQED-1536x1024.jpg 1536w\" sizes=\"auto, (max-width: 2000px) 100vw, 2000px\">\u003cfigcaption class=\"wp-caption-text\">David Lei walks along Spofford Street in San Francisco’s Chinatown on July 29, 2025, the historical site of the Chinese Laundry Association, once located at 33 Spofford St. A longtime resident and community historian, Lei has worked to preserve Chinatown’s cultural and educational legacy. \u003ccite>(Beth LaBerge/KQED)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>Wang said it took the mobilization of an entire community to defend the Chinese laundries — with people contributing in both small and large ways — and said a similar collective effort is needed today.\u003c/p>\n\u003cp>“I have family members in my Chinese American family who probably agree more with President Trump than they agree with me on issues of immigration,” she said. “What I try to do with my community … is not only point out the history, but to really draw some intersectional lines so that [they] can understand how we must all stand or fall together.”\u003c/p>\n\u003cp>Back at the parking lot on Third and Harrison, Lei reflects on the mountain of overlooked legal battles waged by early Chinese immigrants — cases that shaped modern protections such as Miranda rights, public education access and political asylum.\u003c/p>\n\u003cp>At 75, he said, “The clock is ticking,” estimating he has about five more years left in him to keep telling these stories. He shook his head, thinking about how much more there is to share.\u003c/p>\n\u003cp>Then he chuckled.\u003c/p>\n\u003cp>“We’re branded as very quiet, that we don’t cause trouble — model citizens, model minority, all these things,” he said. “But the Chinese were very hard to manage … We have to organize. That’s what our ancestors did, and they were successful, so this is what we need to do now.”\u003c/p>\n\u003cp>[ad floatright]\u003c/p>\n",
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"excerpt": "A Supreme Court case born in San Francisco’s Chinatown secured equal protection rights for noncitizens and set the foundation for future civil rights battles.",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cp>The evening commute rush hour was starting to take shape on a recent late afternoon in \u003ca href=\"https://www.kqed.org/news/tag/san-francisco\">San Francisco\u003c/a>’s SOMA district, at the corner of Third and Harrison streets.\u003c/p>\n\u003cp>Downtown office workers, wearing backpacks and headphones, wordlessly passed one another on their way to nearby train stations. Muni buses groaned and sighed as they pulled up to a bus stop near an unremarkable half-acre concrete parking lot.\u003c/p>\n\u003cp>“If you believe in civil rights, if you believe all Americans should have civil rights, it started right here,” said David Lei, pointing to the nearly full concrete parking lot that would soon begin emptying. He added: “And this was [the location of] the case that says noncitizens have rights as well … but we forgot. Most people have forgotten.”\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>The de facto local expert on Chinese American history believes a plaque should be installed here to commemorate Yick Wo, a Chinese-owned laundry business that operated at 349 Third St. from 1864 to 1886.\u003c/p>\n\u003cp>It became the focal point of a consequential U.S. Supreme Court case, \u003ca href=\"https://supreme.justia.com/cases/federal/us/118/356/\">\u003cem>Yick Wo v. Hopkins\u003c/em>\u003c/a>, when the laundry’s owner, a Chinese immigrant named Lee Yick, and another laundry owner, Wo Lee, resisted an unfair San Francisco laundry business permit ordinance — one emblematic of the targeted anti-Chinese hostility pervasive in the city at the time.\u003c/p>\n\u003cp>“Yick was an individual, a nobody, but the community supported him and organized,” Lei said.\u003c/p>\n\u003cfigure id=\"attachment_12050750\" class=\"wp-caption aligncenter\" style=\"max-width: 2000px\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\"size-full wp-image-12050750\" src=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2025/08/250729-YICKWOCIVILRIGHTS-05-KQED.jpg\" alt=\"\" width=\"2000\" height=\"1333\" srcset=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2025/08/250729-YICKWOCIVILRIGHTS-05-KQED.jpg 2000w, https://cdn.kqed.org/wp-content/uploads/sites/10/2025/08/250729-YICKWOCIVILRIGHTS-05-KQED-160x107.jpg 160w, https://cdn.kqed.org/wp-content/uploads/sites/10/2025/08/250729-YICKWOCIVILRIGHTS-05-KQED-1536x1024.jpg 1536w\" sizes=\"auto, (max-width: 2000px) 100vw, 2000px\">\u003cfigcaption class=\"wp-caption-text\">David Lei stands near Third and Harrison streets in San Francisco on July 29, 2025, the former site of Yick Wo Laundry, which operated at 349 Third St. and was central to the landmark 1886 Supreme Court case on equal protection. \u003ccite>(Beth LaBerge/KQED)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>When most people consider the contributions of America’s earliest Chinese immigrants, they often think of \u003ca href=\"https://www.kqed.org/forum/201509070900/stanford-project-unearths-personal-histories-of-chinese-railroad-workers\">the Transcontinental Railroad\u003c/a>. Lei, who is not related to the author, believes that’s a profound minimization of their influence — even among Chinese Americans themselves.\u003c/p>\n\u003cp>After the Chinese Exclusion Act of 1882, Chinese immigrants filed more than 10,000 lawsuits at the local, state and federal levels to challenge discriminatory laws and systemic \u003ca href=\"https://www.kqed.org/news/10413670/draft-boomtown-history-2a\">racism\u003c/a>. Dozens of those cases reached the U.S. Supreme Court, including one brought by \u003ca href=\"https://www.kqed.org/news/12015449/a-129-year-old-san-francisco-lawsuit-could-stop-trump-from-ending-birthright-citizenship\">Wong Kim Ark\u003c/a>, a case recently spotlighted as the Trump administration continues an attempt to dismantle birthright citizenship, despite \u003ca href=\"https://www.kqed.org/news/12046217/what-the-supreme-courts-latest-ruling-means-for-birthright-citizenship\">multiple court rulings\u003c/a> to block the executive order.\u003c/p>\n\u003cp>Through the legal maneuvering of early Chinese community leaders, \u003cem>Yick Wo \u003c/em>established that \u003ca href=\"https://constitution.congress.gov/constitution/amendment-14/\">the 14th Amendment\u003c/a>’s equal protection and due process clauses apply to “all persons” — including noncitizens in the U.S. These same rights are being tested today as the Trump administration’s \u003ca href=\"https://www.kqed.org/news/12044748/mass-deportations-would-take-a-major-toll-on-california-economy-report-finds\">immigration crackdown intensifies\u003c/a>.\u003c/p>\n\u003cp>\u003cem>Yick Wo\u003c/em> is just one way early Chinese immigrants helped shape constitutional principles that remain foundational to American democracy. Community leaders and immigrant advocates like Lei say the case is more relevant today than ever, serving as a powerful rebuttal to anti-immigrant rhetoric and a reminder that constitutional protections have long applied to noncitizens.\u003c/p>\n\u003ch2>Echoes of the past in today’s immigration fight\u003c/h2>\n\u003cp>Though \u003cem>Yick Wo v. Hopkins \u003c/em>is a staple of constitutional law courses, it remains largely unknown outside the legal community. In 1984, an \u003ca href=\"https://www.kqed.org/news/12008873/san-francisco-school-closures-will-hurt-chinese-immigrant-communities-city-leaders-say\">elementary school\u003c/a> in San Francisco was named after the case, but its website offers only a cursory summary of its historical significance.\u003c/p>\n\u003cp>Legal experts herald Yick’s victory as extraordinary, given the anti-immigrant environment Chinese immigrants endured in the 19th century — attitudes that echo today.\u003c/p>\n\u003cp>Since returning to the White House, Trump has made good on his promise of a massive deportation campaign by aggressively targeting, detaining and deporting immigrants nationwide. High-profile Immigration and Customs Enforcement activity \u003ca href=\"https://www.kqed.org/news/12042836/community-outrage-continues-over-ice-raid-at-san-diego-restaurant\">in Southern California \u003c/a>captured national attention in June, as videos of militarized arrests circulated on social media and fueled \u003ca href=\"https://www.kqed.org/news/12043653/hundreds-rally-in-oakland-to-protest-ice-raids-support-immigrant-communities\">protests locally\u003c/a> and across the country.\u003c/p>\n\u003cfigure id=\"attachment_12050752\" class=\"wp-caption aligncenter\" style=\"max-width: 2000px\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\"size-full wp-image-12050752\" src=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2025/08/250731-YICKWOCIVILRIGHTS-02-KQED.jpg\" alt=\"\" width=\"2000\" height=\"1333\" srcset=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2025/08/250731-YICKWOCIVILRIGHTS-02-KQED.jpg 2000w, https://cdn.kqed.org/wp-content/uploads/sites/10/2025/08/250731-YICKWOCIVILRIGHTS-02-KQED-160x107.jpg 160w, https://cdn.kqed.org/wp-content/uploads/sites/10/2025/08/250731-YICKWOCIVILRIGHTS-02-KQED-1536x1024.jpg 1536w\" sizes=\"auto, (max-width: 2000px) 100vw, 2000px\">\u003cfigcaption class=\"wp-caption-text\">The exhibit Challenging a White-Washed History at the Chinese Historical Society of America Museum in San Francisco on July 31, 2025. The exhibition explores the history of Chinese laundries and their role in resisting discrimination and shaping immigrant labor in the U.S. \u003ccite>(Beth LaBerge/KQED)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>The administration continues to portray undocumented immigrants as criminal invaders and threats to national security. Officials \u003ca href=\"https://www.dhs.gov/news/2025/06/30/dhs-debunks-fake-news-media-narratives-june\">claim\u003c/a> they target “the worst of the worst, including gang members, murderers, and rapists,” but most people detained by ICE have \u003ca href=\"https://www.kqed.org/news/12038087/california-sent-investigators-ice-facilities-found-more-detainees-health-care-gaps\">no criminal convictions\u003c/a>.\u003c/p>\n\u003cp>Recently, in the Bay Area, ICE arrests have occurred \u003ca href=\"https://www.kqed.org/news/12028303/ice-arrest-left-bay-area-man-hospitalized-struggling-breathe-attorney-says\">outside of homes\u003c/a> and courthouses \u003ca href=\"https://www.kqed.org/news/12044592/bay-area-lawmaker-demands-answers-after-ice-arrests-at-immigration-courts\">in Concord\u003c/a> and \u003ca href=\"https://www.kqed.org/news/12043596/protesters-swarm-sf-immigration-court-after-more-ice-arrests\">San Francisco\u003c/a>, where plainclothes agents detained asylum seekers attending routine court hearings.\u003c/p>\n\u003cp>Cecillia Wang, national legal director of the American Civil Liberties Union, began her role just before Trump’s second term. She oversees a department of about 200 attorneys and paralegals and calls this “the most consequential time in U.S. history.”\u003c/p>\n\u003cp>In late July, Republicans approved a spending bill that \u003ca href=\"https://www.kqed.org/forum/2010101910650/ices-budget-just-tripled-whats-next\">tripled ICE’s budget\u003c/a>. The removal of immigrants from the country has accelerated through a variety of tactics: The Trump administration has broadened expedited removal, selectively enforced policies in sanctuary jurisdictions, targeted certain migrant groups and fast-tracked deportations — often without full hearings.\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>But because of \u003cem>Yick Wo\u003c/em>, constitutional protections should apply to everyone on U.S. soil, regardless of citizenship status. That’s why immigration attorneys and advocates are especially vigilant.\u003c/p>\n\u003cp>“It’s a responsibility that I think is particularly heavy at this moment in time, with a president and administration that has so little respect for civil rights and civil liberties…and so little respect for all the fundamental pillars of U.S. democracy,” Wang said.\u003c/p>\n\u003cp>A San Francisco resident, Wang has worked for the ACLU in various roles for over two decades. The organization has filed more than 60 lawsuits challenging Trump’s second-term policies.\u003c/p>\n\u003cp>Wang, who first studied \u003cem>Yick Wo\u003c/em> as an undergraduate at UC Berkeley, feels personally connected to the case as an Asian American. She has cited it throughout her career as a civil rights lawyer.\u003c/p>\n\u003cp>“One of the lessons of \u003cem>Yick Wo \u003c/em>that I think is really resonant for me right now is that someone who seemed politically powerless, under-resourced and invisible by all accounts was able to bring his claim up through the federal court system to the Supreme Court of the United States,” Wang said.\u003c/p>\n\u003ch2>Redefining constitutional rights in the U.S.\u003c/h2>\n\u003cp>When one considers the odds stacked against Chinese laundry owners as Yick brought his claim forward, the case becomes especially remarkable.\u003c/p>\n\u003cp>Though initially welcomed during the Gold Rush, Chinese immigrants eventually became targets as their population and industrial workforce roles expanded. They took jobs as miners and railroad laborers.\u003c/p>\n\u003cp>They were also entrepreneurial. Early Chinese immigrants filled a specific need that no one else seemed eager to do: laundry service. Chinese immigrants eventually dominated the industry, which would continue for the rest of the 19th century.\u003c/p>\n\u003cfigure id=\"attachment_12051938\" class=\"wp-caption aligncenter\" style=\"max-width: 2000px\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\"size-full wp-image-12051938\" src=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2025/08/250812-YICK-WO-ARCHIVAL-03_KQED.jpg\" alt=\"\" width=\"2000\" height=\"1545\" srcset=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2025/08/250812-YICK-WO-ARCHIVAL-03_KQED.jpg 2000w, https://cdn.kqed.org/wp-content/uploads/sites/10/2025/08/250812-YICK-WO-ARCHIVAL-03_KQED-160x124.jpg 160w, https://cdn.kqed.org/wp-content/uploads/sites/10/2025/08/250812-YICK-WO-ARCHIVAL-03_KQED-1536x1187.jpg 1536w\" sizes=\"auto, (max-width: 2000px) 100vw, 2000px\">\u003cfigcaption class=\"wp-caption-text\">\u003cspan style=\"font-weight: 400\">A Chinese laundry at 924 Howard St. in San Francisco \u003c/span>is shown in a historical photograph dated Jan. 22, 1886. \u003ccite>(Courtesy of the National Archives at San Francisco)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>By 1860, about one in 10 California residents was Chinese. Their prominence alarmed white leaders, including then-California governor Henry Huntly Haight.\u003c/p>\n\u003cp>“An additional influx of Chinese to compete with white laboring men in all industrial departments ought to be discouraged by all lawful means. For the sake of some supposed advantage of cheap labor, such influx would inflict a curse upon posterity for all time,” he said during his \u003ca href=\"https://governors.library.ca.gov/addresses/10-haight.html\">1867 inaugural address\u003c/a>.\u003c/p>\n\u003cp>Widespread violence soon followed. By the 1870s, anti-Chinese sentiment escalated across the West Coast, with Chinese immigrants subjected to \u003ca href=\"https://www.kqed.org/forum/2010101886267/california-cities-apologize-for-historical-wrongs-against-chinese-community\">mob-led destruction\u003c/a>, including mass lynchings.\u003c/p>\n\u003cp>According to \u003cem>In Search of Equality: The Chinese Struggle Against Discrimination in Nineteenth-Century America\u003c/em>, a seminal book on Chinese American history by former UC Berkeley professor Charles McClain, there were about 2,600 Chinese laundrymen in California by 1870 — half of them in San Francisco.\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>Chinese laundry owners faced a flurry of discriminatory city ordinances. One imposed high license fees on those without horse-drawn carriages. Another required written approval from 12 citizens and taxpayers on the block where the business was located.\u003c/p>\n\u003cp>In 1880, the city passed a notorious law requiring permits for laundries not made of brick or stone. At the time, nearly all of San Francisco’s laundries, especially those owned by Chinese immigrants, were wooden structures. Of about 200 applicants, all were denied permits, while their white counterparts were not.\u003c/p>\n\u003cp>In 1885, Yick Wo’s owner refused to stop operating and was arrested by Sheriff Peter Hopkins. Rather than serve the sentence, Lee and other laundrymen fought back with support from the Chinese Consolidated Benevolent Association, also known as the Chinese Six Companies.\u003c/p>\n\u003cp>The Six Companies — a powerful coalition of family and district associations that functioned as both mutual aid organizations and political advocates for the Chinese immigrant community — \u003ca href=\"https://www.kqed.org/news/12015449/a-129-year-old-san-francisco-lawsuit-could-stop-trump-from-ending-birthright-citizenship\">coordinated legal strategies\u003c/a>, raised sizable funds by taxing Chinese immigrants and, importantly, helped them navigate a hostile legal system.\u003c/p>\n\u003cp>“This was the GoFundMe of Chinatown from 1850,” Lei told KQED from inside CCBA’s ornately designed Stockton Street headquarters, where family association leaders and San Francisco politicians still meet.\u003c/p>\n\u003cp>Together with Tung Hing Tong, a 19th-century Chinese laundry association, substantial resources were pooled to fight San Francisco’s unfair permitting ordinance.\u003c/p>\n\u003cfigure id=\"attachment_12050748\" class=\"wp-caption aligncenter\" style=\"max-width: 2000px\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\"size-full wp-image-12050748\" src=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2025/08/250729-YICKWOCIVILRIGHTS-01-KQED.jpg\" alt=\"\" width=\"2000\" height=\"1333\" srcset=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2025/08/250729-YICKWOCIVILRIGHTS-01-KQED.jpg 2000w, https://cdn.kqed.org/wp-content/uploads/sites/10/2025/08/250729-YICKWOCIVILRIGHTS-01-KQED-160x107.jpg 160w, https://cdn.kqed.org/wp-content/uploads/sites/10/2025/08/250729-YICKWOCIVILRIGHTS-01-KQED-1536x1024.jpg 1536w\" sizes=\"auto, (max-width: 2000px) 100vw, 2000px\">\u003cfigcaption class=\"wp-caption-text\">David Lei stands on Spofford Street in San Francisco’s Chinatown on July 29, 2025, the historical site of the Chinese Laundry Association, once located at 33 Spofford St. A longtime resident and community historian, Lei has worked to preserve Chinatown’s cultural and educational legacy. \u003ccite>(Beth LaBerge/KQED)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>“They taxed themselves, raised $20,000 — equivalent to more than half a million dollars today — and hired the best lawyer money could buy to win this case,” Lei said.\u003c/p>\n\u003cp>That lawyer was Hall McAllister, a federal judge and founder of the California Bar Association, who became one of the key members of the Six Companies’ legal team as they filed lawsuits.\u003c/p>\n\u003cp>When asked why these powerful white lawyers would go against the popular grain to argue on behalf of Chinese immigrants, Lei said Chinese immigrants often paid up to about double of what other clients would pay.\u003c/p>\n\u003cp>The strategy worked.\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>In 1886, the U.S. Supreme Court \u003ca href=\"https://supreme.justia.com/cases/federal/us/118/356/\">ruled unanimously for Yick\u003c/a>, declaring that even if a law appears to be race-neutral, “if it is applied and administered by public authority with an evil eye and an unequal hand,” then it violates the equal protection clause of the 14th Amendment.\u003c/p>\n\u003cp>Crucially, the court emphasized that its protections “extend to all persons within the territorial jurisdiction of the United States, without regard to differences of race, of color, or of nationality.”\u003c/p>\n\u003cp>The keyword here is “persons,” not “citizens.” \u003cem>Yick Wo\u003c/em> marked the first time the Supreme Court extended constitutional protections under the 14th Amendment — including due process rights — to noncitizens.\u003c/p>\n\u003cp>Wang said \u003cem>Yick Wo \u003c/em>“reverberates in almost every civil rights case that’s been brought under the Equal Protection Clause.” It laid the foundation for challenges involving interracial marriage, school desegregation, housing discrimination, voting rights, gender and disability discrimination and same-sex marriage.\u003c/p>\n\u003cp>Critically, \u003cem>Yick Wo\u003c/em> provided a legal foundation to challenge discriminatory enforcement of laws — a central feature of Jim Crow. During the civil rights era, attorneys revived their principles in landmark cases, including \u003ca href=\"https://www.archives.gov/milestone-documents/brown-v-board-of-education\">\u003cem>Brown v. Board of Education\u003c/em>\u003c/a>.\u003c/p>\n\u003cp>While \u003cem>Yick Wo \u003c/em>didn’t end anti-Chinese sentiment, it established a constitutional principle that still underpins civil rights protections for both citizens and immigrants today.\u003c/p>\n\u003ch2>Why due process is critical now\u003c/h2>\n\u003cp>In early July, a \u003ca href=\"https://www.youtube.com/watch?v=GQ_YGzfaQLM&t=1s\">viral video\u003c/a> showed ICE agents clashing with protesters during an arrest in San Francisco. One protester jumped onto an ICE van’s hood before falling as it drove off.\u003c/p>\n\u003cp>Other similarly viral videos show community members confronting ICE agents, demanding to see arrest warrants and reminding immigrants of their due process rights.\u003c/p>\n\u003cp>For longtime immigrant advocates like Lisa Knox, legal director of the California Collaborative for Immigrant Justice, ICE’s actions aren’t surprising.\u003c/p>\n\u003cfigure id=\"attachment_12050751\" class=\"wp-caption aligncenter\" style=\"max-width: 2000px\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\"size-full wp-image-12050751\" src=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2025/08/250729-YICKWOCIVILRIGHTS-09-KQED.jpg\" alt=\"\" width=\"2000\" height=\"1333\" srcset=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2025/08/250729-YICKWOCIVILRIGHTS-09-KQED.jpg 2000w, https://cdn.kqed.org/wp-content/uploads/sites/10/2025/08/250729-YICKWOCIVILRIGHTS-09-KQED-160x107.jpg 160w, https://cdn.kqed.org/wp-content/uploads/sites/10/2025/08/250729-YICKWOCIVILRIGHTS-09-KQED-1536x1024.jpg 1536w\" sizes=\"auto, (max-width: 2000px) 100vw, 2000px\">\u003cfigcaption class=\"wp-caption-text\">A statue of Hall McAllister stands near San Francisco City Hall on July 29, 2025. As a federal judge, McAllister ruled in favor of Yick Wo in the landmark civil rights case that affirmed equal protection under the 14th Amendment for Chinese immigrants. \u003ccite>(Beth LaBerge/KQED)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>“ICE has always been a rogue agency,” she said. “Yes, we are seeing some new tactics … but I would emphasize that this isn’t a complete departure for this agency. [ICE] has a long history of these abusive tactics, of doing things that violate the law.”\u003c/p>\n\u003cp>Formed after Trump’s first election in 2016, CCIJ offers legal help to detained immigrants in Northern and Central California and plays a central coordinating role in the state’s \u003ca href=\"https://www.kqed.org/news/12049326/as-ice-operations-expand-how-are-immigrant-allies-responding\">rapid response organizing\u003c/a>, including activating attorneys and mobilizing volunteers during ICE activity. They also raise awareness of the \u003ca href=\"https://www.kqed.org/news/12043004/in-recorded-calls-reports-of-overcrowding-and-lack-of-food-at-ice-detention-centers\">inhumane living conditions\u003c/a> inside detention centers.\u003c/p>\n\u003cp>Knox said the Bay Area is well organized when it comes to defending immigrant rights. She believes that may have helped prevent mass raids and more severe rights violations in the region, compared to other parts of the country.\u003c/p>\n\u003cp>But what is striking to Knox is the mainstream attention around the constitutional rights of immigrants.\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>“There has never been a conversation about due process in my lifetime [like this],” said Knox, who also teaches an immigration and citizenship class at UC Berkeley. “Law is influenced by politics. The fact that people are taking an interest in these decisions and wanting to defend these fundamental rights is really important and really key.”\u003c/p>\n\u003cp>Attorneys like Jordan Wells, a senior staff attorney with the Lawyers’ Committee for Civil Rights, have defended immigrants in court, including a legal permanent resident targeted for participating in a pro-Palestine rally at Columbia University. Another lawsuit challenges ICE courthouse arrests as violations of the Due Process Clause.\u003c/p>\n\u003cp>According to Wells, due process has always provided a counterbalance to any presidential administration’s attempts to test the limits of constitutional protections. He said it is especially critical now as the Trump administration has tried to block immigrants from legal counsel and coerce deportation agreements.\u003c/p>\n\u003cp>“We are seeing all manner of attempts to prevent people from communicating with counsel about their immigration status,” Wells said. “They have tried to get people to concede to their removability from the country, no matter how long they’ve been here, and just get them shipped out as quickly as possible.”\u003c/p>\n\u003cfigure id=\"attachment_12050754\" class=\"wp-caption aligncenter\" style=\"max-width: 2000px\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\"size-full wp-image-12050754\" src=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2025/08/250731-YICKWOCIVILRIGHTS-06-KQED.jpg\" alt=\"\" width=\"2000\" height=\"1333\" srcset=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2025/08/250731-YICKWOCIVILRIGHTS-06-KQED.jpg 2000w, https://cdn.kqed.org/wp-content/uploads/sites/10/2025/08/250731-YICKWOCIVILRIGHTS-06-KQED-160x107.jpg 160w, https://cdn.kqed.org/wp-content/uploads/sites/10/2025/08/250731-YICKWOCIVILRIGHTS-06-KQED-1536x1024.jpg 1536w\" sizes=\"auto, (max-width: 2000px) 100vw, 2000px\">\u003cfigcaption class=\"wp-caption-text\">Spofford Street in San Francisco’s Chinatown neighborhood on July 31, 2025. \u003ccite>(Beth LaBerge/KQED)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>For Knox, public education is critical, as demonstrated by local grassroots efforts to form rapid response networks during Trump’s first term.\u003c/p>\n\u003cp>“That first 24-hour period is really crucial for the person to be informed of their rights and options, and to exercise them so that they’re not just deported without the chance to access the process that is their right,” Knox said. “As lawyers, a lot of the time we show up after somebody has already been placed in detention … but if people can be educated and know their rights and assert them before that happens, often they can prevent their detention or they can have more options.”\u003c/p>\n\u003cp>She emphasizes that drawing connections between communities is also a powerful way to build collective strength.\u003c/p>\n\u003cp>“If we allow the government to take away immigrants’ rights to due process, then we’re all at risk,” Knox said. “We are building and exercising our power, so that’s our focus. We say over and over: power, not panic.”\u003c/p>\n\u003cp>Knox said \u003cem>Yick Wo\u003c/em> is more than a legal decision — it’s a historical reminder.\u003c/p>\n\u003cp>“We’ve been here before, and some of these questions have come up,” she said. “Who gets to enjoy the rights of citizenship? What rights should be afforded to anyone, regardless of legal status, because they’re part of this community?”\u003c/p>\n\u003cp>Wang is grateful that early Chinese immigrants asked these questions, forcing the U.S. to follow its own constitutional laws: “The fundamental promise of the 14th Amendment was only as good as the writing until people like [Lee Yick and Wo Lee] took their fights and fleshed out those words on paper… and made it a lived reality for people.”\u003c/p>\n\u003cfigure id=\"attachment_12050749\" class=\"wp-caption aligncenter\" style=\"max-width: 2000px\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\"size-full wp-image-12050749\" src=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2025/08/250729-YICKWOCIVILRIGHTS-03-KQED.jpg\" alt=\"\" width=\"2000\" height=\"1333\" srcset=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2025/08/250729-YICKWOCIVILRIGHTS-03-KQED.jpg 2000w, https://cdn.kqed.org/wp-content/uploads/sites/10/2025/08/250729-YICKWOCIVILRIGHTS-03-KQED-160x107.jpg 160w, https://cdn.kqed.org/wp-content/uploads/sites/10/2025/08/250729-YICKWOCIVILRIGHTS-03-KQED-1536x1024.jpg 1536w\" sizes=\"auto, (max-width: 2000px) 100vw, 2000px\">\u003cfigcaption class=\"wp-caption-text\">David Lei walks along Spofford Street in San Francisco’s Chinatown on July 29, 2025, the historical site of the Chinese Laundry Association, once located at 33 Spofford St. A longtime resident and community historian, Lei has worked to preserve Chinatown’s cultural and educational legacy. \u003ccite>(Beth LaBerge/KQED)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>Wang said it took the mobilization of an entire community to defend the Chinese laundries — with people contributing in both small and large ways — and said a similar collective effort is needed today.\u003c/p>\n\u003cp>“I have family members in my Chinese American family who probably agree more with President Trump than they agree with me on issues of immigration,” she said. “What I try to do with my community … is not only point out the history, but to really draw some intersectional lines so that [they] can understand how we must all stand or fall together.”\u003c/p>\n\u003cp>Back at the parking lot on Third and Harrison, Lei reflects on the mountain of overlooked legal battles waged by early Chinese immigrants — cases that shaped modern protections such as Miranda rights, public education access and political asylum.\u003c/p>\n\u003cp>At 75, he said, “The clock is ticking,” estimating he has about five more years left in him to keep telling these stories. He shook his head, thinking about how much more there is to share.\u003c/p>\n\u003cp>Then he chuckled.\u003c/p>\n\u003cp>“We’re branded as very quiet, that we don’t cause trouble — model citizens, model minority, all these things,” he said. “But the Chinese were very hard to manage … We have to organize. That’s what our ancestors did, and they were successful, so this is what we need to do now.”\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cp>President Donald Trump’s executive order limiting birthright citizenship is once again frozen by a federal judge’s nationwide injunction, preventing the administration from enforcing the policy in any of the 50 states.\u003c/p>\n\u003cp>The Supreme Court had \u003ca href=\"https://www.kqed.org/news/12044886/supreme-court-birthright-citizenship-ruling-limits-nationwide-injunctions\">previously ruled\u003c/a> that the federal government could only enforce the order in the 28 states that have not challenged it in court, while it remains blocked in the other 22 states.\u003c/p>\n\u003cp>Thursday’s decision from the U.S. District Court for New Hampshire allows civil rights groups to move forward \u003ca href=\"https://www.aclu.org/cases/barbara-v-donald-j-trump?document=PI-Order\">with a class-action lawsuit\u003c/a> on behalf of newborn babies affected by executive order. While the Supreme Court has limited the power of district judges to stop executive orders nationwide, it still allows this type of injunction in class action cases.\u003c/p>\n\u003cul>\n\u003cli>\u003ca href=\"#parents\">\u003cstrong>Jump to: Expecting a baby? What you should know now\u003c/strong>\u003c/a>\u003c/li>\n\u003c/ul>\n\u003cp>“Having a patchwork system of birthright citizenship would be totally unworkable,” said Aarti Kohli, executive director of the San Francisco-based Asian Law Caucus, one of the organizations that presented the lawsuit. “It would turn doctors and nurses into immigration agents. It would be really expensive to administer. It would create a lot of confusion and fear.”\u003c/p>\n\u003cp>Trump’s executive order would deny U.S. citizenship to babies born in the country to parents without permanent legal status, but the Supreme Court’s June 27 ruling created a split: a baby born to undocumented parents in California — \u003ca href=\"https://www.kqed.org/news/12023126/california-leaders-to-sue-trump-over-birthright-citizenship-border-policies\">which sued the federal government over the policy\u003c/a> — would be entitled to citizenship, while a baby born to a family with similar circumstances in Texas — which has not challenged the executive order — could be denied citizenship.\u003c/p>\n\u003cp>But this latest injunction blocks the executive order from taking effect in any state, guaranteeing birthright citizenship for now to babies born to immigrant parents without permanent legal status.\u003c/p>\n\u003cp>“What parents need to know is that they are protected for now,” said Kohli, who added that she expects another legal battle that could end up in the Supreme Court. “We’re in this for the long haul.”\u003c/p>\n\u003cp>Keep reading to understand the latest rules on U.S. birthright citizenship.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003ch2>\u003cstrong>Who does Trump’s birthright citizenship order affect now?\u003c/strong>\u003c/h2>\n\u003cp>On Jan. 20, Trump signed \u003ca href=\"https://www.whitehouse.gov/presidential-actions/2025/01/protecting-the-meaning-and-value-of-american-citizenship/\">an executive order\u003c/a> declaring that the federal government will no longer grant documents that confirm citizenship, like a Social Security Number or passport, to children born on or after Feb. 19, 2025, who are in the following situations:\u003c/p>\n\u003cul>\n\u003cli>At the time of birth, the baby’s biological mother is “unlawfully present” (with no legal status) in the U.S. and the biological father was not a U.S. citizen or lawful permanent resident.\u003c/li>\n\u003cli>At the time of birth, the baby’s biological mother was in the U.S. with a temporary visa or permit, and the biological father was not a U.S. citizen or lawful permanent resident.\u003c/li>\n\u003c/ul>\n\u003cp>The text of the executive order is written in legal language that can be difficult for the general public to understand. But based on the circumstances the order describes, these are families that could be affected by Trump’s birthright citizenship executive order:\u003c/p>\n\u003cul>\n\u003cli>Families where both parents have no legal immigration documents at the time of their baby’s birth.\u003c/li>\n\u003cli>Families where both parents only have a temporary legal status, which could include: Temporary Protected Status (TPS), Deferred Action for Childhood Arrivals (DACA), H1-B holders, a student J-1 visa or an H-2A visa for agricultural workers, another temporary visa or humanitarian parole. Their baby would not have birthright citizenship.\u003c/li>\n\u003cli>If one parent has no legal status and the other only has a temporary legal status, which could include: TPS, DACA, H1-B holders, a student J-1 visa or an H-2A visa for agricultural workers, another temporary visa or humanitarian parole. Their baby would not have birthright citizenship.\u003c/li>\n\u003c/ul>\n\u003cp>On June 27, the Supreme Court ruled the executive order cannot be enforced in the following 22 states, along with the District of Columbia:\u003c/p>\n\u003cul>\n\u003cli>California\u003c/li>\n\u003cli>Arizona\u003c/li>\n\u003cli>Colorado\u003c/li>\n\u003cli>Connecticut\u003c/li>\n\u003cli>Delaware\u003c/li>\n\u003cli>Hawaii\u003c/li>\n\u003cli>Illinois\u003c/li>\n\u003cli>Maine\u003c/li>\n\u003cli>Massachusetts\u003c/li>\n\u003cli>Maryland\u003c/li>\n\u003cli>Michigan\u003c/li>\n\u003cli>Minnesota\u003c/li>\n\u003cli>Nevada\u003c/li>\n\u003cli>New Jersey\u003c/li>\n\u003cli>New Mexico\u003c/li>\n\u003cli>New York\u003c/li>\n\u003cli>North Carolina\u003c/li>\n\u003cli>Oregon\u003c/li>\n\u003cli>Rhode Island\u003c/li>\n\u003cli>Vermont\u003c/li>\n\u003cli>Washington\u003c/li>\n\u003cli>Wisconsin\u003c/li>\n\u003c/ul>\n\u003cp>While in the remaining 28 states, the new birthright citizenship rules were set to begin on July 27. How a patchwork system like this would actually look like in practice has puzzled both legal scholars and future parents.\u003c/p>\n\u003cp>“There’d be a lot of chaos with government agencies, businesses and individuals not even being sure how to comply with the law, even if they want to comply in good faith,” said Ming H. Chen, professor at UC Law San Francisco and faculty-director of the school’s Center for Race, Immigration, Citizenship, and Equality.\u003c/p>\n\u003cp>[aside postID=news_12015449 hero='https://cdn.kqed.org/wp-content/uploads/sites/10/2024/11/20241119_BirthrightCitizenshipExplainer_GC-16_qed-1020x680.jpg']\u003c/p>\n\u003cp>“Parents were so concerned, especially in the 28 states that were not party to a lawsuit on birthright citizenship,” said Asian Law Caucus’ Kohli. “People in those states were asking questions like, ‘Should we move in order to ensure that their child is a U.S. citizen?’\u003c/p>\n\u003cp>But the July 10 ruling from the New Hampshire federal district court blocks the executive order from being enforced anywhere in the country until the class-action lawsuit is resolved.\u003c/p>\n\u003ch2>\u003ca id=\"parents\">\u003c/a>\u003cstrong>I’m worried: Is my baby still a US citizen?\u003c/strong>\u003c/h2>\n\u003cp>The Supreme Court’s June 27 ruling allowed the federal government to enforce the policy in 28 states startingJuly 27. The order is now blocked nationwide as the case moves through the judicial system, with legal experts predicting the fight will make it to the Supreme Court.\u003c/p>\n\u003cp>At this moment, the federal government will still recognize your baby as a U.S. citizen, regardless of your immigration status or what state the child was born.\u003c/p>\n\u003ch2>\u003cstrong>Would anyone be stripped of their existing American citizenship with this order?\u003c/strong>\u003c/h2>\n\u003cp>Trump’s executive order says nothing about taking away the citizenship of people born in the U.S. before Feb. 19, regardless of the immigration status of their parents.\u003c/p>\n\u003ch2>\u003cstrong>I’m currently expecting a baby. Will they still become a US citizen automatically?\u003c/strong>\u003c/h2>\n\u003cp>This one’s complicated, as this depends on the future of the class-action lawsuit brought by civil rights groups on behalf of babies impacted by the executive order. Thanks to the July 10 ruling from the New Hampshire district court, the Trump administration must continue to recognize the U.S. citizenship of babies born to immigrant parents without a permanent legal status, regardless of their state of residence.\u003c/p>\n\u003cp>Once the White House challenges the ruling, the case would next go to a federal appeals court and, potentially, to the Supreme Court.\u003c/p>\n\u003cp>At the same time, there are still multiple lawsuits against the government over the constitutionality of Trump’s executive order that are making their way through the judicial system. Once those cases reach the Supreme Court, the justices will have the final word on whether the executive order is overturned entirely or enforced nationwide.\u003c/p>\n\u003cp>Keep in mind, however, that the Supreme Court is currently in recess and will resume hearing cases in October. The July 10 injunction blocking the order nationwide remains in place in the meantime.\u003c/p>\n\u003cp>\u003cem>A version of this story originally published on June 27, 2025.\u003c/em>\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>[ad floatright]\u003c/p>\n",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cp>President Donald Trump’s executive order limiting birthright citizenship is once again frozen by a federal judge’s nationwide injunction, preventing the administration from enforcing the policy in any of the 50 states.\u003c/p>\n\u003cp>The Supreme Court had \u003ca href=\"https://www.kqed.org/news/12044886/supreme-court-birthright-citizenship-ruling-limits-nationwide-injunctions\">previously ruled\u003c/a> that the federal government could only enforce the order in the 28 states that have not challenged it in court, while it remains blocked in the other 22 states.\u003c/p>\n\u003cp>Thursday’s decision from the U.S. District Court for New Hampshire allows civil rights groups to move forward \u003ca href=\"https://www.aclu.org/cases/barbara-v-donald-j-trump?document=PI-Order\">with a class-action lawsuit\u003c/a> on behalf of newborn babies affected by executive order. While the Supreme Court has limited the power of district judges to stop executive orders nationwide, it still allows this type of injunction in class action cases.\u003c/p>\n\u003cul>\n\u003cli>\u003ca href=\"#parents\">\u003cstrong>Jump to: Expecting a baby? What you should know now\u003c/strong>\u003c/a>\u003c/li>\n\u003c/ul>\n\u003cp>“Having a patchwork system of birthright citizenship would be totally unworkable,” said Aarti Kohli, executive director of the San Francisco-based Asian Law Caucus, one of the organizations that presented the lawsuit. “It would turn doctors and nurses into immigration agents. It would be really expensive to administer. It would create a lot of confusion and fear.”\u003c/p>\n\u003cp>Trump’s executive order would deny U.S. citizenship to babies born in the country to parents without permanent legal status, but the Supreme Court’s June 27 ruling created a split: a baby born to undocumented parents in California — \u003ca href=\"https://www.kqed.org/news/12023126/california-leaders-to-sue-trump-over-birthright-citizenship-border-policies\">which sued the federal government over the policy\u003c/a> — would be entitled to citizenship, while a baby born to a family with similar circumstances in Texas — which has not challenged the executive order — could be denied citizenship.\u003c/p>\n\u003cp>But this latest injunction blocks the executive order from taking effect in any state, guaranteeing birthright citizenship for now to babies born to immigrant parents without permanent legal status.\u003c/p>\n\u003cp>“What parents need to know is that they are protected for now,” said Kohli, who added that she expects another legal battle that could end up in the Supreme Court. “We’re in this for the long haul.”\u003c/p>\n\u003cp>Keep reading to understand the latest rules on U.S. birthright citizenship.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003ch2>\u003cstrong>Who does Trump’s birthright citizenship order affect now?\u003c/strong>\u003c/h2>\n\u003cp>On Jan. 20, Trump signed \u003ca href=\"https://www.whitehouse.gov/presidential-actions/2025/01/protecting-the-meaning-and-value-of-american-citizenship/\">an executive order\u003c/a> declaring that the federal government will no longer grant documents that confirm citizenship, like a Social Security Number or passport, to children born on or after Feb. 19, 2025, who are in the following situations:\u003c/p>\n\u003cul>\n\u003cli>At the time of birth, the baby’s biological mother is “unlawfully present” (with no legal status) in the U.S. and the biological father was not a U.S. citizen or lawful permanent resident.\u003c/li>\n\u003cli>At the time of birth, the baby’s biological mother was in the U.S. with a temporary visa or permit, and the biological father was not a U.S. citizen or lawful permanent resident.\u003c/li>\n\u003c/ul>\n\u003cp>The text of the executive order is written in legal language that can be difficult for the general public to understand. But based on the circumstances the order describes, these are families that could be affected by Trump’s birthright citizenship executive order:\u003c/p>\n\u003cul>\n\u003cli>Families where both parents have no legal immigration documents at the time of their baby’s birth.\u003c/li>\n\u003cli>Families where both parents only have a temporary legal status, which could include: Temporary Protected Status (TPS), Deferred Action for Childhood Arrivals (DACA), H1-B holders, a student J-1 visa or an H-2A visa for agricultural workers, another temporary visa or humanitarian parole. Their baby would not have birthright citizenship.\u003c/li>\n\u003cli>If one parent has no legal status and the other only has a temporary legal status, which could include: TPS, DACA, H1-B holders, a student J-1 visa or an H-2A visa for agricultural workers, another temporary visa or humanitarian parole. Their baby would not have birthright citizenship.\u003c/li>\n\u003c/ul>\n\u003cp>On June 27, the Supreme Court ruled the executive order cannot be enforced in the following 22 states, along with the District of Columbia:\u003c/p>\n\u003cul>\n\u003cli>California\u003c/li>\n\u003cli>Arizona\u003c/li>\n\u003cli>Colorado\u003c/li>\n\u003cli>Connecticut\u003c/li>\n\u003cli>Delaware\u003c/li>\n\u003cli>Hawaii\u003c/li>\n\u003cli>Illinois\u003c/li>\n\u003cli>Maine\u003c/li>\n\u003cli>Massachusetts\u003c/li>\n\u003cli>Maryland\u003c/li>\n\u003cli>Michigan\u003c/li>\n\u003cli>Minnesota\u003c/li>\n\u003cli>Nevada\u003c/li>\n\u003cli>New Jersey\u003c/li>\n\u003cli>New Mexico\u003c/li>\n\u003cli>New York\u003c/li>\n\u003cli>North Carolina\u003c/li>\n\u003cli>Oregon\u003c/li>\n\u003cli>Rhode Island\u003c/li>\n\u003cli>Vermont\u003c/li>\n\u003cli>Washington\u003c/li>\n\u003cli>Wisconsin\u003c/li>\n\u003c/ul>\n\u003cp>While in the remaining 28 states, the new birthright citizenship rules were set to begin on July 27. How a patchwork system like this would actually look like in practice has puzzled both legal scholars and future parents.\u003c/p>\n\u003cp>“There’d be a lot of chaos with government agencies, businesses and individuals not even being sure how to comply with the law, even if they want to comply in good faith,” said Ming H. Chen, professor at UC Law San Francisco and faculty-director of the school’s Center for Race, Immigration, Citizenship, and Equality.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>“Parents were so concerned, especially in the 28 states that were not party to a lawsuit on birthright citizenship,” said Asian Law Caucus’ Kohli. “People in those states were asking questions like, ‘Should we move in order to ensure that their child is a U.S. citizen?’\u003c/p>\n\u003cp>But the July 10 ruling from the New Hampshire federal district court blocks the executive order from being enforced anywhere in the country until the class-action lawsuit is resolved.\u003c/p>\n\u003ch2>\u003ca id=\"parents\">\u003c/a>\u003cstrong>I’m worried: Is my baby still a US citizen?\u003c/strong>\u003c/h2>\n\u003cp>The Supreme Court’s June 27 ruling allowed the federal government to enforce the policy in 28 states startingJuly 27. The order is now blocked nationwide as the case moves through the judicial system, with legal experts predicting the fight will make it to the Supreme Court.\u003c/p>\n\u003cp>At this moment, the federal government will still recognize your baby as a U.S. citizen, regardless of your immigration status or what state the child was born.\u003c/p>\n\u003ch2>\u003cstrong>Would anyone be stripped of their existing American citizenship with this order?\u003c/strong>\u003c/h2>\n\u003cp>Trump’s executive order says nothing about taking away the citizenship of people born in the U.S. before Feb. 19, regardless of the immigration status of their parents.\u003c/p>\n\u003ch2>\u003cstrong>I’m currently expecting a baby. Will they still become a US citizen automatically?\u003c/strong>\u003c/h2>\n\u003cp>This one’s complicated, as this depends on the future of the class-action lawsuit brought by civil rights groups on behalf of babies impacted by the executive order. Thanks to the July 10 ruling from the New Hampshire district court, the Trump administration must continue to recognize the U.S. citizenship of babies born to immigrant parents without a permanent legal status, regardless of their state of residence.\u003c/p>\n\u003cp>Once the White House challenges the ruling, the case would next go to a federal appeals court and, potentially, to the Supreme Court.\u003c/p>\n\u003cp>At the same time, there are still multiple lawsuits against the government over the constitutionality of Trump’s executive order that are making their way through the judicial system. Once those cases reach the Supreme Court, the justices will have the final word on whether the executive order is overturned entirely or enforced nationwide.\u003c/p>\n\u003cp>Keep in mind, however, that the Supreme Court is currently in recess and will resume hearing cases in October. The July 10 injunction blocking the order nationwide remains in place in the meantime.\u003c/p>\n\u003cp>\u003cem>A version of this story originally published on June 27, 2025.\u003c/em>\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cp>California officials voiced alarm on Friday after the Supreme Court \u003ca href=\"https://www.kqed.org/news/12046217/what-the-supreme-courts-latest-ruling-means-for-birthright-citizenship\">threw out nationwide injunctions\u003c/a> blocking President Donald Trump’s effort to reverse the country’s long-standing principle that children born on U.S. soil are citizens.\u003c/p>\n\u003cp>Federal court judges were directed to issue more limited stays to temporarily block Trump’s executive order while legal challenges proceed. State leaders expressed disappointment but emphasized the ruling does not mean the end of birthright citizenship.\u003c/p>\n\u003cp>Because 22 states — \u003ca href=\"https://www.kqed.org/news/12023126/california-leaders-to-sue-trump-over-birthright-citizenship-border-policies\">including California\u003c/a> — and the District of Columbia successfully challenged the order earlier this year, the policy remains blocked in those places.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>“The Supreme Court’s decision today is not what we hoped for, but you can be sure the fight is far from over,” state Attorney General Rob Bonta said. “We believe our case is clear because the law is clear. The 14th Amendment of the Constitution and the Immigration and Nationality Act are clear. Birthright citizenship is foundational to our history and has already been upheld by the U.S. Supreme Court.”\u003c/p>\n\u003cp>The majority opinion issued by the justices did not explicitly address whether Trump’s \u003ca href=\"https://www.kqed.org/news/12024082/qa-what-to-know-about-birthright-citizenship\">executive order on birthright citizenship\u003c/a> is unconstitutional. Instead, the court — split along ideological lines, with conservatives in the majority — ruled that federal judges likely overstepped their powers by issuing nationwide injunctions.\u003c/p>\n\u003cp>The court also placed a 30-day stay on Trump’s birthright citizenship order to give opponents time to challenge in court, according to the majority opinion written by Justice Amy Coney Barrett.\u003c/p>\n\u003cp>[aside postID=news_12046217 hero='https://cdn.kqed.org/wp-content/uploads/sites/10/2025/03/npr.brightspotcdn-copy-13-1020x680.jpg']\u003c/p>\n\u003cp>Bonta noted that the court ruling does not completely eliminate the possibility of future nationwide injunctions. If it is found that a sweeping stay is needed to provide complete relief to plaintiffs involved in cases against Trump’s executive order, one may be reintroduced.\u003c/p>\n\u003cp>In the dissenting opinion written by Justice Sonia Sotomayor, she argued that the decision to limit nationwide injunctions goes against “basic principles of equity as well as the long history of injunctive relief granted to nonparties.”\u003c/p>\n\u003cp>David Chiu, city attorney of San Francisco, said birthright citizenship is one instance where a court’s ability to decide on the nation’s behalf is critical. Without a universal injunction, determining each person’s citizenship and status based on where they’re born or move would be logistically difficult and unfair, he said.\u003c/p>\n\u003cp>“You can’t require some states to issue birth certificates to birthright citizens and prohibit other states from doing so,” Chiu said. “The idea that a baby may or may not be a citizen depending on where she or he is born is cruel and nonsensical.”\u003c/p>\n\u003cp>As it stands, the court’s decision did not question the merits of birthright citizenship and its constitutionality, Chiu said. Rather, he is more concerned that the ruling could dramatically reduce the injunctionary powers of the judiciary more broadly.\u003c/p>\n\u003cp>“We can no longer expect to benefit from other parties when they win court challenges,” he said. “We have to be in the fight ourselves to ensure that we can vindicate the interests of San Francisco.”\u003c/p>\n\u003cp>According to Kevin Johnson, a law professor at UC Davis, the Supreme Court’s ruling has less to do with immigration and legal status than it does with limiting the powers of the judicial branch and federal courts.\u003c/p>\n\u003cp>Both Democratic and Republican administrations in the past have had issues with courts ordering injunctions that interfere with executive directives, Johnson noted, adding that the question of whether lower courts should have the discretion to issue sweeping injunctions has been long debated by conservatives and liberals.\u003c/p>\n\u003cp>“The Supreme Court has expressed a concern with all the injunctions coming before it on various matters, including immigration,” he said. “The court has … lost its patience with all these lawsuits, all these injunctions, all of these efforts to limit the prerogative of the president.”\u003c/p>\n\u003cp>Johnson said it’s likely that the rule of birthright citizenship will continue to be enforced as federal judges release more limited injunctions. There’s also a chance that pushback from the Trump administration may eventually result in the issue being returned to the Supreme Court, he said.\u003c/p>\n\u003cp>In response to the court’s decision, Trump said on Truth Social that the ruling was a “giant win” and a hard hit on birthright citizenship, which he described as a scam on the United States’ immigration process.\u003c/p>\n\u003cp>Earlier this year, Trump issued an order barring citizenship to U.S.-born children whose parents are not citizens or legal permanent residents. It was one of nearly a dozen sweeping executive orders aimed at rewriting the rules on immigration and redefining who gets to be an American.\u003c/p>\n\u003cp>California and 21 other states \u003ca href=\"https://www.kqed.org/news/12023126/california-leaders-to-sue-trump-over-birthright-citizenship-border-policies\">immediately sued\u003c/a>. They were also joined by San Francisco and several immigrant rights groups, as well as individuals who stand to be affected by the directive. Federal judges quickly blocked the order from taking effect while the cases went forward, and three separate appeals courts refused to lift the injunctions.\u003c/p>\n\u003cp>San Francisco’s Asian Law Caucus and the ACLU are \u003ca href=\"https://www.asianlawcaucus.org/news-resources/news/birthright-citizenship-executive-order\">litigating another lawsuit\u003c/a> against Trump’s birthright citizenship order, \u003ca href=\"https://www.aclu.org/cases/new-hampshire-indonesian-community-support-v-donald-j-trump?document=Complaint\">filed\u003c/a> in federal court in New Hampshire. In February, that judge also issued \u003ca href=\"https://www.aclu.org/documents/nh-indonesian-community-support-preliminary-injunction\">an injunction\u003c/a> — not a nationwide one — and the Trump administration is appealing the stay.\u003c/p>\n\u003cp>“To any pregnant woman out there, please do not worry and stress about this,” said Aarti Kohli, executive director of the Asian Law Caucus. “We are here. We are fighting very hard. There’s a large community of legal experts who really believe that this executive order has no teeth and that we will find a way to persevere.”\u003c/p>\n\u003cp>\u003cem>KQED’s \u003c/em>\u003ca href=\"https://www.kqed.org/author/jlara\">\u003cem>Juan Carlos Lara\u003c/em>\u003c/a>\u003cem> contributed to this report.\u003c/em>\u003c/p>\n\u003cp>\u003c/p>\n",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cp>California officials voiced alarm on Friday after the Supreme Court \u003ca href=\"https://www.kqed.org/news/12046217/what-the-supreme-courts-latest-ruling-means-for-birthright-citizenship\">threw out nationwide injunctions\u003c/a> blocking President Donald Trump’s effort to reverse the country’s long-standing principle that children born on U.S. soil are citizens.\u003c/p>\n\u003cp>Federal court judges were directed to issue more limited stays to temporarily block Trump’s executive order while legal challenges proceed. State leaders expressed disappointment but emphasized the ruling does not mean the end of birthright citizenship.\u003c/p>\n\u003cp>Because 22 states — \u003ca href=\"https://www.kqed.org/news/12023126/california-leaders-to-sue-trump-over-birthright-citizenship-border-policies\">including California\u003c/a> — and the District of Columbia successfully challenged the order earlier this year, the policy remains blocked in those places.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>“The Supreme Court’s decision today is not what we hoped for, but you can be sure the fight is far from over,” state Attorney General Rob Bonta said. “We believe our case is clear because the law is clear. The 14th Amendment of the Constitution and the Immigration and Nationality Act are clear. Birthright citizenship is foundational to our history and has already been upheld by the U.S. Supreme Court.”\u003c/p>\n\u003cp>The majority opinion issued by the justices did not explicitly address whether Trump’s \u003ca href=\"https://www.kqed.org/news/12024082/qa-what-to-know-about-birthright-citizenship\">executive order on birthright citizenship\u003c/a> is unconstitutional. Instead, the court — split along ideological lines, with conservatives in the majority — ruled that federal judges likely overstepped their powers by issuing nationwide injunctions.\u003c/p>\n\u003cp>The court also placed a 30-day stay on Trump’s birthright citizenship order to give opponents time to challenge in court, according to the majority opinion written by Justice Amy Coney Barrett.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>Bonta noted that the court ruling does not completely eliminate the possibility of future nationwide injunctions. If it is found that a sweeping stay is needed to provide complete relief to plaintiffs involved in cases against Trump’s executive order, one may be reintroduced.\u003c/p>\n\u003cp>In the dissenting opinion written by Justice Sonia Sotomayor, she argued that the decision to limit nationwide injunctions goes against “basic principles of equity as well as the long history of injunctive relief granted to nonparties.”\u003c/p>\n\u003cp>David Chiu, city attorney of San Francisco, said birthright citizenship is one instance where a court’s ability to decide on the nation’s behalf is critical. Without a universal injunction, determining each person’s citizenship and status based on where they’re born or move would be logistically difficult and unfair, he said.\u003c/p>\n\u003cp>“You can’t require some states to issue birth certificates to birthright citizens and prohibit other states from doing so,” Chiu said. “The idea that a baby may or may not be a citizen depending on where she or he is born is cruel and nonsensical.”\u003c/p>\n\u003cp>As it stands, the court’s decision did not question the merits of birthright citizenship and its constitutionality, Chiu said. Rather, he is more concerned that the ruling could dramatically reduce the injunctionary powers of the judiciary more broadly.\u003c/p>\n\u003cp>“We can no longer expect to benefit from other parties when they win court challenges,” he said. “We have to be in the fight ourselves to ensure that we can vindicate the interests of San Francisco.”\u003c/p>\n\u003cp>According to Kevin Johnson, a law professor at UC Davis, the Supreme Court’s ruling has less to do with immigration and legal status than it does with limiting the powers of the judicial branch and federal courts.\u003c/p>\n\u003cp>Both Democratic and Republican administrations in the past have had issues with courts ordering injunctions that interfere with executive directives, Johnson noted, adding that the question of whether lower courts should have the discretion to issue sweeping injunctions has been long debated by conservatives and liberals.\u003c/p>\n\u003cp>“The Supreme Court has expressed a concern with all the injunctions coming before it on various matters, including immigration,” he said. “The court has … lost its patience with all these lawsuits, all these injunctions, all of these efforts to limit the prerogative of the president.”\u003c/p>\n\u003cp>Johnson said it’s likely that the rule of birthright citizenship will continue to be enforced as federal judges release more limited injunctions. There’s also a chance that pushback from the Trump administration may eventually result in the issue being returned to the Supreme Court, he said.\u003c/p>\n\u003cp>In response to the court’s decision, Trump said on Truth Social that the ruling was a “giant win” and a hard hit on birthright citizenship, which he described as a scam on the United States’ immigration process.\u003c/p>\n\u003cp>Earlier this year, Trump issued an order barring citizenship to U.S.-born children whose parents are not citizens or legal permanent residents. It was one of nearly a dozen sweeping executive orders aimed at rewriting the rules on immigration and redefining who gets to be an American.\u003c/p>\n\u003cp>California and 21 other states \u003ca href=\"https://www.kqed.org/news/12023126/california-leaders-to-sue-trump-over-birthright-citizenship-border-policies\">immediately sued\u003c/a>. They were also joined by San Francisco and several immigrant rights groups, as well as individuals who stand to be affected by the directive. Federal judges quickly blocked the order from taking effect while the cases went forward, and three separate appeals courts refused to lift the injunctions.\u003c/p>\n\u003cp>San Francisco’s Asian Law Caucus and the ACLU are \u003ca href=\"https://www.asianlawcaucus.org/news-resources/news/birthright-citizenship-executive-order\">litigating another lawsuit\u003c/a> against Trump’s birthright citizenship order, \u003ca href=\"https://www.aclu.org/cases/new-hampshire-indonesian-community-support-v-donald-j-trump?document=Complaint\">filed\u003c/a> in federal court in New Hampshire. In February, that judge also issued \u003ca href=\"https://www.aclu.org/documents/nh-indonesian-community-support-preliminary-injunction\">an injunction\u003c/a> — not a nationwide one — and the Trump administration is appealing the stay.\u003c/p>\n\u003cp>“To any pregnant woman out there, please do not worry and stress about this,” said Aarti Kohli, executive director of the Asian Law Caucus. “We are here. We are fighting very hard. There’s a large community of legal experts who really believe that this executive order has no teeth and that we will find a way to persevere.”\u003c/p>\n\u003cp>\u003cem>KQED’s \u003c/em>\u003ca href=\"https://www.kqed.org/author/jlara\">\u003cem>Juan Carlos Lara\u003c/em>\u003c/a>\u003cem> contributed to this report.\u003c/em>\u003c/p>\n\u003cp>\u003c/p>\n\u003c/div>\u003c/p>",
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"content": "\u003cp>\u003cem>Updated 9:25 a.m. Friday\u003c/em>\u003c/p>\n\u003cp>The Supreme Court, in a 6-3 decision along ideological lines on Friday, sided with the Trump administration’s request to limit universal injunctions issued by federal courts. The opinion in the \u003ca href=\"https://www.kqed.org/news/tag/birthright-citizenship\">birthright citizenship\u003c/a> case was highly anticipated.\u003c/p>\n\u003cp>At issue was \u003ca href=\"https://www.npr.org/2025/05/15/nx-s1-5395840/birthright-citizenship-supreme-court\">how the lower courts should handle\u003c/a> President Trump’s \u003ca href=\"https://www.whitehouse.gov/presidential-actions/2025/01/protecting-the-meaning-and-value-of-american-citizenship/\">executive order\u003c/a>, which declared that the children of parents who enter the U.S. illegally or on a temporary visa are not entitled to automatic citizenship.\u003c/p>\n\u003cp>The majority opinion, written by Justice Amy Coney Barrett, didn’t rule on whether President Trump’s executive order violates the 14th Amendment or the Nationality Act. Instead, it focused on whether federal courts have the power to issue nationwide blocks.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>“Universal injunctions likely exceed the equitable authority that Congress has given to federal courts,” the conservative majority said. “The Court grants the Government’s applications for a partial stay of the injunctions entered below, but only to the extent that the injunctions are broader than necessary to provide complete relief to each plaintiff with standing to sue.”\u003c/p>\n\u003cp>Friday’s opinion asked the lower courts to reconsider their broad rulings in light of the Supreme Court’s opinion and otherwise “with principles of equity.” However, the opinion also said Trump’s birthright citizenship order can’t take effect for 30 days from Friday’s opinion, giving more time for legal challenges.\u003c/p>\n\u003cfigure id=\"attachment_12045683\" class=\"wp-caption aligncenter\" style=\"max-width: 2560px\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\"size-full wp-image-12045683\" src=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2025/06/GettyImages-2220642625-scaled.jpg\" alt=\"\" width=\"2560\" height=\"1707\" srcset=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2025/06/GettyImages-2220642625-scaled.jpg 2560w, https://cdn.kqed.org/wp-content/uploads/sites/10/2025/06/GettyImages-2220642625-2000x1333.jpg 2000w, https://cdn.kqed.org/wp-content/uploads/sites/10/2025/06/GettyImages-2220642625-160x107.jpg 160w, https://cdn.kqed.org/wp-content/uploads/sites/10/2025/06/GettyImages-2220642625-1536x1024.jpg 1536w, https://cdn.kqed.org/wp-content/uploads/sites/10/2025/06/GettyImages-2220642625-2048x1365.jpg 2048w\" sizes=\"auto, (max-width: 2560px) 100vw, 2560px\">\u003cfigcaption class=\"wp-caption-text\">President Donald Trump addresses the nation, alongside Vice President JD Vance (left), Secretary of State Marco Rubio (second, right) and Secretary of Defense Pete Hegseth (right), from the White House in Washington, D.C. on June 21, 2025. \u003ccite>(Carlos Barria/Pool/AFP via Getty Images )\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>Dissenting from Friday’s decision were the court’s three liberal justices. Writing for the three of them, Justice Sonia Sotomayor said the government’s rush to limit nationwide injunctions “disregards basic principles of equity as well as the long history of injunctive relief granted to nonparties.”\u003c/p>\n\u003cp>Immigrant rights groups and 22 states had sued over Trump’s birthright citizenship order, and three different federal district court judges invalidated Trump’s order, issuing what are called universal injunctions barring the administration from enforcing the Trump policy anywhere in the country.\u003c/p>\n\u003cp>When the courts of appeal refused to intervene while the litigation proceeded, the Trump administration asked the Supreme Court to block universal injunctions altogether.[aside postID=news_12046217 hero='https://cdn.kqed.org/wp-content/uploads/sites/10/2030/01/GettyImages-1314541146.jpg']While Friday’s decision is procedural, the issue at the center of the case is \u003ca href=\"https://www.npr.org/2025/01/23/nx-s1-5270572/birthright-citizenship-trump-executive-order\">Trump’s long-held, but fringe view\u003c/a> that there is no such thing as automatic citizenship for people born in the U.S. On his first day in office this year, he signed an executive order declaring that babies born in the U.S. may not be citizens if their parents were not here legally or if the parents were here legally but on a temporary basis like a work visa. Trump’s view, however, is directly contradicted by a Supreme Court ruling 127 years ago — a decision that has never been disturbed, and is based on the text of the 14th Amendment to the Constitution.\u003c/p>\n\u003cp>The amendment says: “All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States.” It was enacted in 1866 after the Civil War and aimed at reversing the Supreme Court’s infamous Dred Scott decision, which had declared that Black people, enslaved or free, could not be citizens. It has always been applied to anyone born in the U.S. And the Supreme Court on Friday did nothing to change that 150-year understanding.\u003c/p>\n\u003cp>President Trump \u003ca href=\"https://truthsocial.com/@realDonaldTrump/posts/114755893176827573\">responded to the decision on Truth Social\u003c/a>, calling it a “giant win.”\u003c/p>\n\u003cp>He implied that immigrants were trying to scam the process to get U.S. citizenship and that the 14th Amendment was only meant to give citizenship to “babies of slaves (same year!)”\u003c/p>\n\u003cp>\u003c/p>\n",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cp>\u003cem>Updated 9:25 a.m. Friday\u003c/em>\u003c/p>\n\u003cp>The Supreme Court, in a 6-3 decision along ideological lines on Friday, sided with the Trump administration’s request to limit universal injunctions issued by federal courts. The opinion in the \u003ca href=\"https://www.kqed.org/news/tag/birthright-citizenship\">birthright citizenship\u003c/a> case was highly anticipated.\u003c/p>\n\u003cp>At issue was \u003ca href=\"https://www.npr.org/2025/05/15/nx-s1-5395840/birthright-citizenship-supreme-court\">how the lower courts should handle\u003c/a> President Trump’s \u003ca href=\"https://www.whitehouse.gov/presidential-actions/2025/01/protecting-the-meaning-and-value-of-american-citizenship/\">executive order\u003c/a>, which declared that the children of parents who enter the U.S. illegally or on a temporary visa are not entitled to automatic citizenship.\u003c/p>\n\u003cp>The majority opinion, written by Justice Amy Coney Barrett, didn’t rule on whether President Trump’s executive order violates the 14th Amendment or the Nationality Act. Instead, it focused on whether federal courts have the power to issue nationwide blocks.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>“Universal injunctions likely exceed the equitable authority that Congress has given to federal courts,” the conservative majority said. “The Court grants the Government’s applications for a partial stay of the injunctions entered below, but only to the extent that the injunctions are broader than necessary to provide complete relief to each plaintiff with standing to sue.”\u003c/p>\n\u003cp>Friday’s opinion asked the lower courts to reconsider their broad rulings in light of the Supreme Court’s opinion and otherwise “with principles of equity.” However, the opinion also said Trump’s birthright citizenship order can’t take effect for 30 days from Friday’s opinion, giving more time for legal challenges.\u003c/p>\n\u003cfigure id=\"attachment_12045683\" class=\"wp-caption aligncenter\" style=\"max-width: 2560px\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\"size-full wp-image-12045683\" src=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2025/06/GettyImages-2220642625-scaled.jpg\" alt=\"\" width=\"2560\" height=\"1707\" srcset=\"https://cdn.kqed.org/wp-content/uploads/sites/10/2025/06/GettyImages-2220642625-scaled.jpg 2560w, https://cdn.kqed.org/wp-content/uploads/sites/10/2025/06/GettyImages-2220642625-2000x1333.jpg 2000w, https://cdn.kqed.org/wp-content/uploads/sites/10/2025/06/GettyImages-2220642625-160x107.jpg 160w, https://cdn.kqed.org/wp-content/uploads/sites/10/2025/06/GettyImages-2220642625-1536x1024.jpg 1536w, https://cdn.kqed.org/wp-content/uploads/sites/10/2025/06/GettyImages-2220642625-2048x1365.jpg 2048w\" sizes=\"auto, (max-width: 2560px) 100vw, 2560px\">\u003cfigcaption class=\"wp-caption-text\">President Donald Trump addresses the nation, alongside Vice President JD Vance (left), Secretary of State Marco Rubio (second, right) and Secretary of Defense Pete Hegseth (right), from the White House in Washington, D.C. on June 21, 2025. \u003ccite>(Carlos Barria/Pool/AFP via Getty Images )\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>Dissenting from Friday’s decision were the court’s three liberal justices. Writing for the three of them, Justice Sonia Sotomayor said the government’s rush to limit nationwide injunctions “disregards basic principles of equity as well as the long history of injunctive relief granted to nonparties.”\u003c/p>\n\u003cp>Immigrant rights groups and 22 states had sued over Trump’s birthright citizenship order, and three different federal district court judges invalidated Trump’s order, issuing what are called universal injunctions barring the administration from enforcing the Trump policy anywhere in the country.\u003c/p>\n\u003cp>When the courts of appeal refused to intervene while the litigation proceeded, the Trump administration asked the Supreme Court to block universal injunctions altogether.\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>While Friday’s decision is procedural, the issue at the center of the case is \u003ca href=\"https://www.npr.org/2025/01/23/nx-s1-5270572/birthright-citizenship-trump-executive-order\">Trump’s long-held, but fringe view\u003c/a> that there is no such thing as automatic citizenship for people born in the U.S. On his first day in office this year, he signed an executive order declaring that babies born in the U.S. may not be citizens if their parents were not here legally or if the parents were here legally but on a temporary basis like a work visa. Trump’s view, however, is directly contradicted by a Supreme Court ruling 127 years ago — a decision that has never been disturbed, and is based on the text of the 14th Amendment to the Constitution.\u003c/p>\n\u003cp>The amendment says: “All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States.” It was enacted in 1866 after the Civil War and aimed at reversing the Supreme Court’s infamous Dred Scott decision, which had declared that Black people, enslaved or free, could not be citizens. It has always been applied to anyone born in the U.S. And the Supreme Court on Friday did nothing to change that 150-year understanding.\u003c/p>\n\u003cp>President Trump \u003ca href=\"https://truthsocial.com/@realDonaldTrump/posts/114755893176827573\">responded to the decision on Truth Social\u003c/a>, calling it a “giant win.”\u003c/p>\n\u003cp>He implied that immigrants were trying to scam the process to get U.S. citizenship and that the 14th Amendment was only meant to give citizenship to “babies of slaves (same year!)”\u003c/p>\n\u003cp>\u003c/p>\n\u003c/div>\u003c/p>",
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"slug": "unprecedented-ice-officers-operating-inside-bay-area-immigration-courts-lawyers-say",
"title": "‘Unprecedented’: ICE Officers Operating Inside Bay Area Immigration Courts, Lawyers Say",
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"headTitle": "‘Unprecedented’: ICE Officers Operating Inside Bay Area Immigration Courts, Lawyers Say | KQED",
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"content": "\u003cp>In a move Bay Area immigrant advocates say is a first, federal immigration agents are conducting enforcement operations inside \u003ca href=\"https://www.kqed.org/news/11975904/new-bay-area-immigration-court-opens-aims-to-tackle-deportation-backlog\">immigration courthouses\u003c/a>.\u003c/p>\n\u003cp>U.S. Immigration and Customs Enforcement officers showed up in the halls and waiting rooms of immigration courts in San Francisco, Concord and Sacramento this week, according to attorneys and others at the courts.\u003c/p>\n\u003cp>Advocates reported just one local arrest — of a man at the Concord court. But multiple \u003ca href=\"https://www.kpbs.org/news/border-immigration/2025/05/22/ice-agents-swarm-san-diego-immigration-court-arresting-people-after-their-hearings\">arrests have occurred in San Diego\u003c/a>, Phoenix and elsewhere.\u003c/p>\n\u003cp>“It’s outrageous and unprecedented,” said Sean McMahon, a senior attorney with the California Collaborative for Immigrant Justice. “People have the right to apply for asylum. They have the right to be heard if the government’s asserting that they’re deportable. And ICE is scaring people away from doing that.”\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>If an immigrant fails to appear for a hearing, they automatically lose their case and are ordered deported in absentia.\u003c/p>\n\u003cp>McMahon said ICE officers were at the San Francisco courthouse every day this week, questioning people entering or leaving courtrooms, and appeared at the Sacramento and Concord courts on at least one day.\u003c/p>\n\u003cp>Attorneys say they’ve observed ICE prosecutors moving to dismiss charges against immigrants who could be subject to a fast-track removal process. McMahon said they believe the prosecutors are coordinating with ICE officers in the corridors to conduct arrests as people leave the courtrooms.\u003c/p>\n\u003cp>ICE officials acknowledged the courthouse operations in a statement that read, in part: “Secretary Noem is reversing Biden’s catch and release policy that allowed millions of unvetted illegal aliens to be let loose on American streets. This Administration is once again implementing the rule of law.”\u003c/p>\n\u003cp>ICE went on to say that it considers immigrants who entered the U.S. illegally within the past two years to be subject to the fast-track deportation process — called \u003ca href=\"https://www.congress.gov/crs-product/IF11357\">expedited removal\u003c/a> — that does not require an immigration court hearing. Since expedited removal was enacted by Congress in 1996, it has been primarily applied to people at the border or who recently entered the country and are encountered within 100 miles of the border. The Trump administration has \u003ca href=\"https://www.federalregister.gov/documents/2025/01/24/2025-01720/designating-aliens-for-expedited-removal\">expanded its interpretation of the law\u003c/a> to cover people anywhere in the U.S. who can’t prove they’ve been here for at least two years.[aside postID=news_12039137 hero='https://cdn.kqed.org/wp-content/uploads/sites/10/2025/04/TravisAirForceBaseGetty2-1020x680.jpg']ICE said it will screen people it arrests under the statute for a “credible fear” of persecution in their home country, which would allow them to apply for asylum here.\u003c/p>\n\u003cp>“If no valid claim is found, aliens will be subject to a swift deportation,” the statement said.\u003c/p>\n\u003cp>President Donald Trump pledged “mass deportations” of at least a million people in the first year of his term. In an effort to carry that out, the administration has stripped away a variety of due process protections, and the Republican-controlled House of\u003c/p>\n\u003cp>Representatives just approved a \u003ca href=\"https://www.wola.org/analysis/160-billion-to-detain-and-deport-congresss-reconciliation-bill-is-a-betrayal-of-priorities-and-will-harm-the-most-vulnerable/\">massive budget increase\u003c/a> for immigration enforcement.\u003c/p>\n\u003cp>In January, the Department of Homeland Security \u003ca href=\"https://www.ice.gov/about-ice/ero/protected-areas\">revoked\u003c/a> a \u003ca href=\"https://www.dhs.gov/archive/news/2021/04/27/dhs-announces-new-guidance-limit-ice-and-cbp-civil-enforcement-actions-or-near\">Biden-era policy\u003c/a> limiting ICE enforcement in or near courthouses, as well as other “sensitive areas,” such as schools, hospitals and places of worship.\u003c/p>\n\u003cp>For ICE officers to be in the courthouses, advocates say they must receive permission from the Executive Office of Immigration Review, as the immigration court system is formally known.\u003c/p>\n\u003cp>“They’re certainly allowing it,” McMahon said. “There’s not just an awareness, but basically a tolerance of ICE’s presence at the court currently.”\u003c/p>\n\u003cp>He said that when volunteers who witnessed the arrest at the Concord immigration court on Wednesday began informing people of their legal rights, the court’s private security guards asked them to leave the facility.\u003c/p>\n\u003cp>When asked about ICE enforcement inside courthouses, EOIR spokeswoman Kathryn Mattingly declined to comment.\u003c/p>\n\u003cp>Sergio Lopez, a volunteer coordinator with the Contra Costa Immigrant Rights Alliance, was at the Concord court on Wednesday and observed the arrest. He said ICE agents in plain clothes approached him and asked for identification.\u003c/p>\n\u003cp>“They were kind of aggressive,” he said. “It is a tactic to terrify people. I’ve been receiving texts and calls from a lot of people asking questions about if it’s safe to go to the court. ‘Is it OK, or I could be arrested?’”\u003c/p>\n\u003cp>Lopez said his organization plans to deploy legal observers to monitor ICE’s actions at the Concord courthouse.\u003c/p>\n\u003cp>Advocates also called on elected officials to speak up for immigrants’ due process rights and to increase funding for legal services.\u003c/p>\n\u003cp>\u003c/p>\n",
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"title": "‘Unprecedented’: ICE Officers Operating Inside Bay Area Immigration Courts, Lawyers Say | KQED",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cp>In a move Bay Area immigrant advocates say is a first, federal immigration agents are conducting enforcement operations inside \u003ca href=\"https://www.kqed.org/news/11975904/new-bay-area-immigration-court-opens-aims-to-tackle-deportation-backlog\">immigration courthouses\u003c/a>.\u003c/p>\n\u003cp>U.S. Immigration and Customs Enforcement officers showed up in the halls and waiting rooms of immigration courts in San Francisco, Concord and Sacramento this week, according to attorneys and others at the courts.\u003c/p>\n\u003cp>Advocates reported just one local arrest — of a man at the Concord court. But multiple \u003ca href=\"https://www.kpbs.org/news/border-immigration/2025/05/22/ice-agents-swarm-san-diego-immigration-court-arresting-people-after-their-hearings\">arrests have occurred in San Diego\u003c/a>, Phoenix and elsewhere.\u003c/p>\n\u003cp>“It’s outrageous and unprecedented,” said Sean McMahon, a senior attorney with the California Collaborative for Immigrant Justice. “People have the right to apply for asylum. They have the right to be heard if the government’s asserting that they’re deportable. And ICE is scaring people away from doing that.”\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>If an immigrant fails to appear for a hearing, they automatically lose their case and are ordered deported in absentia.\u003c/p>\n\u003cp>McMahon said ICE officers were at the San Francisco courthouse every day this week, questioning people entering or leaving courtrooms, and appeared at the Sacramento and Concord courts on at least one day.\u003c/p>\n\u003cp>Attorneys say they’ve observed ICE prosecutors moving to dismiss charges against immigrants who could be subject to a fast-track removal process. McMahon said they believe the prosecutors are coordinating with ICE officers in the corridors to conduct arrests as people leave the courtrooms.\u003c/p>\n\u003cp>ICE officials acknowledged the courthouse operations in a statement that read, in part: “Secretary Noem is reversing Biden’s catch and release policy that allowed millions of unvetted illegal aliens to be let loose on American streets. This Administration is once again implementing the rule of law.”\u003c/p>\n\u003cp>ICE went on to say that it considers immigrants who entered the U.S. illegally within the past two years to be subject to the fast-track deportation process — called \u003ca href=\"https://www.congress.gov/crs-product/IF11357\">expedited removal\u003c/a> — that does not require an immigration court hearing. Since expedited removal was enacted by Congress in 1996, it has been primarily applied to people at the border or who recently entered the country and are encountered within 100 miles of the border. The Trump administration has \u003ca href=\"https://www.federalregister.gov/documents/2025/01/24/2025-01720/designating-aliens-for-expedited-removal\">expanded its interpretation of the law\u003c/a> to cover people anywhere in the U.S. who can’t prove they’ve been here for at least two years.\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>ICE said it will screen people it arrests under the statute for a “credible fear” of persecution in their home country, which would allow them to apply for asylum here.\u003c/p>\n\u003cp>“If no valid claim is found, aliens will be subject to a swift deportation,” the statement said.\u003c/p>\n\u003cp>President Donald Trump pledged “mass deportations” of at least a million people in the first year of his term. In an effort to carry that out, the administration has stripped away a variety of due process protections, and the Republican-controlled House of\u003c/p>\n\u003cp>Representatives just approved a \u003ca href=\"https://www.wola.org/analysis/160-billion-to-detain-and-deport-congresss-reconciliation-bill-is-a-betrayal-of-priorities-and-will-harm-the-most-vulnerable/\">massive budget increase\u003c/a> for immigration enforcement.\u003c/p>\n\u003cp>In January, the Department of Homeland Security \u003ca href=\"https://www.ice.gov/about-ice/ero/protected-areas\">revoked\u003c/a> a \u003ca href=\"https://www.dhs.gov/archive/news/2021/04/27/dhs-announces-new-guidance-limit-ice-and-cbp-civil-enforcement-actions-or-near\">Biden-era policy\u003c/a> limiting ICE enforcement in or near courthouses, as well as other “sensitive areas,” such as schools, hospitals and places of worship.\u003c/p>\n\u003cp>For ICE officers to be in the courthouses, advocates say they must receive permission from the Executive Office of Immigration Review, as the immigration court system is formally known.\u003c/p>\n\u003cp>“They’re certainly allowing it,” McMahon said. “There’s not just an awareness, but basically a tolerance of ICE’s presence at the court currently.”\u003c/p>\n\u003cp>He said that when volunteers who witnessed the arrest at the Concord immigration court on Wednesday began informing people of their legal rights, the court’s private security guards asked them to leave the facility.\u003c/p>\n\u003cp>When asked about ICE enforcement inside courthouses, EOIR spokeswoman Kathryn Mattingly declined to comment.\u003c/p>\n\u003cp>Sergio Lopez, a volunteer coordinator with the Contra Costa Immigrant Rights Alliance, was at the Concord court on Wednesday and observed the arrest. He said ICE agents in plain clothes approached him and asked for identification.\u003c/p>\n\u003cp>“They were kind of aggressive,” he said. “It is a tactic to terrify people. I’ve been receiving texts and calls from a lot of people asking questions about if it’s safe to go to the court. ‘Is it OK, or I could be arrested?’”\u003c/p>\n\u003cp>Lopez said his organization plans to deploy legal observers to monitor ICE’s actions at the Concord courthouse.\u003c/p>\n\u003cp>Advocates also called on elected officials to speak up for immigrants’ due process rights and to increase funding for legal services.\u003c/p>\n\u003cp>\u003c/p>\n\u003c/div>\u003c/p>",
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"content": "\u003cp>At the \u003ca href=\"https://www.kqed.org/news/12033789/lets-fight-back-127-years-after-momentous-supreme-court-ruling-san-francisco-honors-wong-kim-ark\">U.S. Supreme Court\u003c/a> Thursday, the justices heard a case that challenges the constitutional provision guaranteeing automatic \u003ca href=\"https://www.kqed.org/news/12023126/california-leaders-to-sue-trump-over-birthright-citizenship-border-policies\">citizenship to all babies\u003c/a> born in the United States, but the arguments focused on a separate question: Can federal district court judges rule against the administration on a nationwide basis.\u003c/p>\n\u003cp>The justices appeared divided on the issue.\u003c/p>\n\u003cp>Several seemed skeptical of the Trump administration’s argument that lower courts should not have the right to issue nationwide injunctions.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>“What do hospitals do with a newborn? What do states do with a newborn?” Justice Brett Kavanaugh asked Solicitor General D. John Sauer, the government’s lawyer, about how the federal government would enforce Trump’s order.\u003c/p>\n\u003cp>Justice Brown Jackson was more pointed.\u003c/p>\n\u003cp>“Your argument seems to turn our justice system, in my view at least, into a catch me if you can kind of regime … where everybody has to have a lawyer and file a lawsuit in order for the government to stop violating people’s rights,” she said.\u003c/p>\n\u003cp>But Justice Clarence Thomas seemed more receptive to Sauer’s argument, noting the U.S. had “survived” without nationwide injunctions until the 1960s.[aside postID=news_12024082 hero='https://cdn.kqed.org/wp-content/uploads/sites/10/2030/01/GettyImages-1314541146-1020x690.jpg']New Jersey Solicitor General Jeremy Feigenbaum, who represented the 22 states suing the government, told the court that nationwide injunctions should be available in “narrow circumstances” — like this case involving birthright citizenship.\u003c/p>\n\u003cp>Kelsi Corkran, who represented pregnant women and immigrant rights groups in the case, suggested allowing nationwide injunctions only when the government action is deemed by plaintiffs to be violating the Constitution. She argued that an injunction limited to only the parties in the case would not be “administratively workable.”\u003c/p>\n\u003cp>President Trump has long maintained that the Constitution does \u003cem>not \u003c/em>guarantee \u003ca href=\"https://www.kqed.org/news/12015449/a-129-year-old-san-francisco-lawsuit-could-stop-trump-from-ending-birthright-citizenship\">birthright citizenship\u003c/a>. So, on Day One of his second presidential term, \u003ca href=\"https://www.whitehouse.gov/presidential-actions/2025/01/protecting-the-meaning-and-value-of-american-citizenship/\" target=\"_blank\" rel=\"noopener\">he issued an executive order\u003c/a> barring automatic citizenship for any baby born in the U.S. whose parents entered the country illegally, or who were here legally but on a temporary visa.\u003c/p>\n\u003cp>On Thursday, \u003ca href=\"https://truthsocial.com/@realDonaldTrump/114511762010659631\" target=\"_blank\" rel=\"noopener\">he posted on Truth social\u003c/a> that “it all started right after the Civil War ended, it had nothing to do with current day Immigration Policy!” — and \u003ca href=\"https://truthsocial.com/@realDonaldTrump/114511710554568353\" target=\"_blank\" rel=\"noopener\">repeated\u003c/a> incorrect \u003ca href=\"https://www.bbc.com/news/articles/c983g6zpz28o\" target=\"_blank\" rel=\"noopener\">claims\u003c/a> that the U.S. is the only country with birthright citizenship.\u003c/p>\n\u003cp>\u003ca href=\"https://www.kqed.org/news/12036845/she-grew-up-believing-she-was-a-us-citizen-then-she-applied-for-a-passport\">Immigrant rights groups\u003c/a> and 22 states promptly challenged the Trump order in court. Since then, three federal judges, conservative and liberal, have ruled that the Trump executive order is, as one put it, “blatantly unconstitutional.” And three separate appeals courts have refused to unblock those orders while appeals are ongoing. Meanwhile, Trump’s legal claim has few supporters.\u003c/p>\n\u003cp>Nonetheless, the Trump administration took its case to the Supreme Court on an emergency basis. But instead of asking the court to rule on the legality of Trump’s executive order, the administration focused its argument on the power of federal district court judges to do what they did here — rule against the administration on a nationwide basis.\u003c/p>\n\u003cp>\u003c/p>\n",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>“What do hospitals do with a newborn? What do states do with a newborn?” Justice Brett Kavanaugh asked Solicitor General D. John Sauer, the government’s lawyer, about how the federal government would enforce Trump’s order.\u003c/p>\n\u003cp>Justice Brown Jackson was more pointed.\u003c/p>\n\u003cp>“Your argument seems to turn our justice system, in my view at least, into a catch me if you can kind of regime … where everybody has to have a lawyer and file a lawsuit in order for the government to stop violating people’s rights,” she said.\u003c/p>\n\u003cp>But Justice Clarence Thomas seemed more receptive to Sauer’s argument, noting the U.S. had “survived” without nationwide injunctions until the 1960s.\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>New Jersey Solicitor General Jeremy Feigenbaum, who represented the 22 states suing the government, told the court that nationwide injunctions should be available in “narrow circumstances” — like this case involving birthright citizenship.\u003c/p>\n\u003cp>Kelsi Corkran, who represented pregnant women and immigrant rights groups in the case, suggested allowing nationwide injunctions only when the government action is deemed by plaintiffs to be violating the Constitution. She argued that an injunction limited to only the parties in the case would not be “administratively workable.”\u003c/p>\n\u003cp>President Trump has long maintained that the Constitution does \u003cem>not \u003c/em>guarantee \u003ca href=\"https://www.kqed.org/news/12015449/a-129-year-old-san-francisco-lawsuit-could-stop-trump-from-ending-birthright-citizenship\">birthright citizenship\u003c/a>. So, on Day One of his second presidential term, \u003ca href=\"https://www.whitehouse.gov/presidential-actions/2025/01/protecting-the-meaning-and-value-of-american-citizenship/\" target=\"_blank\" rel=\"noopener\">he issued an executive order\u003c/a> barring automatic citizenship for any baby born in the U.S. whose parents entered the country illegally, or who were here legally but on a temporary visa.\u003c/p>\n\u003cp>On Thursday, \u003ca href=\"https://truthsocial.com/@realDonaldTrump/114511762010659631\" target=\"_blank\" rel=\"noopener\">he posted on Truth social\u003c/a> that “it all started right after the Civil War ended, it had nothing to do with current day Immigration Policy!” — and \u003ca href=\"https://truthsocial.com/@realDonaldTrump/114511710554568353\" target=\"_blank\" rel=\"noopener\">repeated\u003c/a> incorrect \u003ca href=\"https://www.bbc.com/news/articles/c983g6zpz28o\" target=\"_blank\" rel=\"noopener\">claims\u003c/a> that the U.S. is the only country with birthright citizenship.\u003c/p>\n\u003cp>\u003ca href=\"https://www.kqed.org/news/12036845/she-grew-up-believing-she-was-a-us-citizen-then-she-applied-for-a-passport\">Immigrant rights groups\u003c/a> and 22 states promptly challenged the Trump order in court. Since then, three federal judges, conservative and liberal, have ruled that the Trump executive order is, as one put it, “blatantly unconstitutional.” And three separate appeals courts have refused to unblock those orders while appeals are ongoing. Meanwhile, Trump’s legal claim has few supporters.\u003c/p>\n\u003cp>Nonetheless, the Trump administration took its case to the Supreme Court on an emergency basis. But instead of asking the court to rule on the legality of Trump’s executive order, the administration focused its argument on the power of federal district court judges to do what they did here — rule against the administration on a nationwide basis.\u003c/p>\n\u003cp>\u003c/p>\n\u003c/div>\u003c/p>",
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"info": "KQED’s new podcast, Bay Curious, gets to the bottom of the mysteries — both profound and peculiar — that give the Bay Area its unique identity. And we’ll do it with your help! You ask the questions. You decide what Bay Curious investigates. And you join us on the journey to find the answers.",
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"order": 3
},
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},
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"info": "The day's top stories from BBC News compiled twice daily in the week, once at weekends.",
"airtime": "MON-FRI 9pm-10pm, TUE-FRI 1am-2am",
"imageSrc": "https://cdn.kqed.org/wp-content/uploads/2024/04/BBC-World-Service-Podcast-Tile-360x360-1.jpg",
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},
"link": "/radio/program/bbc-world-service",
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"tuneIn": "https://tunein.com/radio/BBC-World-Service-p455581/",
"rss": "https://podcasts.files.bbci.co.uk/p02nq0gn.rss"
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},
"californiareport": {
"id": "californiareport",
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"tagline": "California, day by day",
"info": "KQED’s statewide radio news program providing daily coverage of issues, trends and public policy decisions.",
"imageSrc": "https://cdn.kqed.org/wp-content/uploads/2024/04/The-California-Report-Podcast-Tile-703x703-1.jpg",
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"officialWebsiteLink": "/californiareport",
"meta": {
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"source": "kqed",
"order": 8
},
"link": "/californiareport",
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"google": "https://podcasts.google.com/feed/aHR0cHM6Ly9mZWVkcy5tZWdhcGhvbmUuZm0vS1FJTkM1MDAyODE4NTgz",
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},
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"title": "The California Report Magazine",
"tagline": "Your state, your stories",
"info": "Every week, The California Report Magazine takes you on a road trip for the ears: to visit the places and meet the people who make California unique. The in-depth storytelling podcast from the California Report.",
"airtime": "FRI 4:30pm-5pm, 6:30pm-7pm, 11pm-11:30pm",
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"officialWebsiteLink": "/californiareportmagazine",
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"order": 10
},
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"google": "https://podcasts.google.com/feed/aHR0cHM6Ly9mZWVkcy5tZWdhcGhvbmUuZm0vS1FJTkM3NjkwNjk1OTAz",
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},
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"info": "A one-hour radio program to hear celebrated writers, artists and thinkers address contemporary ideas and values, often discussing the creative process. Please note: tapes or transcripts are not available",
"imageSrc": "https://ww2.kqed.org/radio/wp-content/uploads/sites/50/2018/05/cityartsandlecture-300x300.jpg",
"officialWebsiteLink": "https://www.cityarts.net/",
"airtime": "SUN 1pm-2pm, TUE 10pm, WED 1am",
"meta": {
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"source": "City Arts & Lectures"
},
"link": "https://www.cityarts.net",
"subscribe": {
"tuneIn": "https://tunein.com/radio/City-Arts-and-Lectures-p692/",
"rss": "https://www.cityarts.net/feed/"
}
},
"closealltabs": {
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"info": "Close All Tabs breaks down how digital culture shapes our world through thoughtful insights and irreverent humor.",
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"officialWebsiteLink": "/podcasts/closealltabs",
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"source": "kqed",
"order": 1
},
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"title": "Code Switch / Life Kit",
"info": "\u003cem>Code Switch\u003c/em>, which listeners will hear in the first part of the hour, has fearless and much-needed conversations about race. Hosted by journalists of color, the show tackles the subject of race head-on, exploring how it impacts every part of society — from politics and pop culture to history, sports and more.\u003cbr />\u003cbr />\u003cem>Life Kit\u003c/em>, which will be in the second part of the hour, guides you through spaces and feelings no one prepares you for — from finances to mental health, from workplace microaggressions to imposter syndrome, from relationships to parenting. The show features experts with real world experience and shares their knowledge. Because everyone needs a little help being human.\u003cbr />\u003cbr />\u003ca href=\"https://www.npr.org/podcasts/510312/codeswitch\">\u003cem>Code Switch\u003c/em> offical site and podcast\u003c/a>\u003cbr />\u003ca href=\"https://www.npr.org/lifekit\">\u003cem>Life Kit\u003c/em> offical site and podcast\u003c/a>\u003cbr />",
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"meta": {
"site": "radio",
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},
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},
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"id": "commonwealth-club",
"title": "Commonwealth Club of California Podcast",
"info": "The Commonwealth Club of California is the nation's oldest and largest public affairs forum. As a non-partisan forum, The Club brings to the public airwaves diverse viewpoints on important topics. The Club's weekly radio broadcast - the oldest in the U.S., dating back to 1924 - is carried across the nation on public radio stations and is now podcasting. Our website archive features audio of our recent programs, as well as selected speeches from our long and distinguished history. This podcast feed is usually updated twice a week and is always un-edited.",
"airtime": "THU 10pm, FRI 1am",
"imageSrc": "https://cdn.kqed.org/wp-content/uploads/2024/04/Commonwealth-Club-Podcast-Tile-360x360-1.jpg",
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"meta": {
"site": "news",
"source": "Commonwealth Club of California"
},
"link": "/radio/program/commonwealth-club",
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"google": "https://podcasts.google.com/feed/aHR0cDovL3d3dy5jb21tb253ZWFsdGhjbHViLm9yZy9hdWRpby9wb2RjYXN0L3dlZWtseS54bWw",
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}
},
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"id": "forum",
"title": "Forum",
"tagline": "The conversation starts here",
"info": "KQED’s live call-in program discussing local, state, national and international issues, as well as in-depth interviews.",
"airtime": "MON-FRI 9am-11am, 10pm-11pm",
"imageSrc": "https://cdn.kqed.org/wp-content/uploads/2024/04/Forum-Podcast-Tile-703x703-1.jpg",
"imageAlt": "KQED Forum with Mina Kim and Alexis Madrigal",
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"source": "kqed",
"order": 9
},
"link": "/forum",
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"google": "https://podcasts.google.com/feed/aHR0cHM6Ly9mZWVkcy5tZWdhcGhvbmUuZm0vS1FJTkM5NTU3MzgxNjMz",
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}
},
"freakonomics-radio": {
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"info": "Freakonomics Radio is a one-hour award-winning podcast and public-radio project hosted by Stephen Dubner, with co-author Steve Levitt as a regular guest. It is produced in partnership with WNYC.",
"imageSrc": "https://ww2.kqed.org/news/wp-content/uploads/sites/10/2018/05/freakonomicsRadio.png",
"officialWebsiteLink": "http://freakonomics.com/",
"airtime": "SUN 1am-2am, SAT 3pm-4pm",
"meta": {
"site": "radio",
"source": "WNYC"
},
"link": "/radio/program/freakonomics-radio",
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"apple": "https://itunes.apple.com/us/podcast/freakonomics-radio/id354668519",
"tuneIn": "https://tunein.com/podcasts/WNYC-Podcasts/Freakonomics-Radio-p272293/",
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},
"fresh-air": {
"id": "fresh-air",
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"apple": "https://itunes.apple.com/WebObjects/MZStore.woa/wa/viewPodcast?s=143441&mt=2&id=214089682&at=11l79Y&ct=nprdirectory",
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"info": "A live production of NPR and WBUR Boston, in collaboration with stations across the country, Here & Now reflects the fluid world of news as it's happening in the middle of the day, with timely, in-depth news, interviews and conversation. Hosted by Robin Young, Jeremy Hobson and Tonya Mosley.",
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"hidden-brain": {
"id": "hidden-brain",
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"info": "Shankar Vedantam uses science and storytelling to reveal the unconscious patterns that drive human behavior, shape our choices and direct our relationships.",
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"airtime": "SUN 7pm-8pm",
"meta": {
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"source": "NPR"
},
"link": "/radio/program/hidden-brain",
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},
"how-i-built-this": {
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"title": "How I Built This with Guy Raz",
"info": "Guy Raz dives into the stories behind some of the world's best known companies. How I Built This weaves a narrative journey about innovators, entrepreneurs and idealists—and the movements they built.",
"imageSrc": "https://ww2.kqed.org/news/wp-content/uploads/sites/10/2018/05/howIBuiltThis.png",
"officialWebsiteLink": "https://www.npr.org/podcasts/510313/how-i-built-this",
"airtime": "SUN 7:30pm-8pm",
"meta": {
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"source": "npr"
},
"link": "/radio/program/how-i-built-this",
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"apple": "https://itunes.apple.com/us/podcast/how-i-built-this-with-guy-raz/id1150510297?mt=2",
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},
"hyphenacion": {
"id": "hyphenacion",
"title": "Hyphenación",
"tagline": "Where conversation and cultura meet",
"info": "What kind of no sabo word is Hyphenación? For us, it’s about living within a hyphenation. Like being a third-gen Mexican-American from the Texas border now living that Bay Area Chicano life. Like Xorje! Each week we bring together a couple of hyphenated Latinos to talk all about personal life choices: family, careers, relationships, belonging … everything is on the table. ",
"imageSrc": "https://cdn.kqed.org/wp-content/uploads/2025/03/Hyphenacion_FinalAssets_PodcastTile.png",
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"officialWebsiteLink": "/podcasts/hyphenacion",
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"order": 15
},
"link": "/podcasts/hyphenacion",
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}
},
"jerrybrown": {
"id": "jerrybrown",
"title": "The Political Mind of Jerry Brown",
"tagline": "Lessons from a lifetime in politics",
"info": "The Political Mind of Jerry Brown brings listeners the wisdom of the former Governor, Mayor, and presidential candidate. Scott Shafer interviewed Brown for more than 40 hours, covering the former governor's life and half-century in the political game and Brown has some lessons he'd like to share. ",
"imageSrc": "https://cdn.kqed.org/wp-content/uploads/2024/04/The-Political-Mind-of-Jerry-Brown-Podcast-Tile-703x703-1.jpg",
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"officialWebsiteLink": "/podcasts/jerrybrown",
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"order": 18
},
"link": "/podcasts/jerrybrown",
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"apple": "https://itunes.apple.com/us/podcast/id1492194549",
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}
},
"latino-usa": {
"id": "latino-usa",
"title": "Latino USA",
"airtime": "MON 1am-2am, SUN 6pm-7pm",
"info": "Latino USA, the radio journal of news and culture, is the only national, English-language radio program produced from a Latino perspective.",
"imageSrc": "https://ww2.kqed.org/radio/wp-content/uploads/sites/50/2018/04/latinoUsa.jpg",
"officialWebsiteLink": "http://latinousa.org/",
"meta": {
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"source": "npr"
},
"link": "/radio/program/latino-usa",
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"apple": "https://itunes.apple.com/WebObjects/MZStore.woa/wa/viewPodcast?s=143441&mt=2&id=79681317&at=11l79Y&ct=nprdirectory",
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"rss": "https://feeds.npr.org/510016/podcast.xml"
}
},
"marketplace": {
"id": "marketplace",
"title": "Marketplace",
"info": "Our flagship program, helmed by Kai Ryssdal, examines what the day in money delivered, through stories, conversations, newsworthy numbers and more. Updated Monday through Friday at about 3:30 p.m. PT.",
"airtime": "MON-FRI 4pm-4:30pm, MON-WED 6:30pm-7pm",
"imageSrc": "https://cdn.kqed.org/wp-content/uploads/2024/04/Marketplace-Podcast-Tile-360x360-1.jpg",
"officialWebsiteLink": "https://www.marketplace.org/",
"meta": {
"site": "news",
"source": "American Public Media"
},
"link": "/radio/program/marketplace",
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"rss": "https://feeds.publicradio.org/public_feeds/marketplace-pm/rss/rss"
}
},
"masters-of-scale": {
"id": "masters-of-scale",
"title": "Masters of Scale",
"info": "Masters of Scale is an original podcast in which LinkedIn co-founder and Greylock Partner Reid Hoffman sets out to describe and prove theories that explain how great entrepreneurs take their companies from zero to a gazillion in ingenious fashion.",
"airtime": "Every other Wednesday June 12 through October 16 at 8pm (repeats Thursdays at 2am)",
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"officialWebsiteLink": "https://mastersofscale.com/",
"meta": {
"site": "radio",
"source": "WaitWhat"
},
"link": "/radio/program/masters-of-scale",
"subscribe": {
"apple": "http://mastersofscale.app.link/",
"rss": "https://rss.art19.com/masters-of-scale"
}
},
"mindshift": {
"id": "mindshift",
"title": "MindShift",
"tagline": "A podcast about the future of learning and how we raise our kids",
"info": "The MindShift podcast explores the innovations in education that are shaping how kids learn. Hosts Ki Sung and Katrina Schwartz introduce listeners to educators, researchers, parents and students who are developing effective ways to improve how kids learn. We cover topics like how fed-up administrators are developing surprising tactics to deal with classroom disruptions; how listening to podcasts are helping kids develop reading skills; the consequences of overparenting; and why interdisciplinary learning can engage students on all ends of the traditional achievement spectrum. This podcast is part of the MindShift education site, a division of KQED News. KQED is an NPR/PBS member station based in San Francisco. You can also visit the MindShift website for episodes and supplemental blog posts or tweet us \u003ca href=\"https://twitter.com/MindShiftKQED\">@MindShiftKQED\u003c/a> or visit us at \u003ca href=\"/mindshift\">MindShift.KQED.org\u003c/a>",
"imageSrc": "https://cdn.kqed.org/wp-content/uploads/2024/04/Mindshift-Podcast-Tile-703x703-1.jpg",
"imageAlt": "KQED MindShift: How We Will Learn",
"officialWebsiteLink": "/mindshift/",
"meta": {
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"source": "kqed",
"order": 12
},
"link": "/podcasts/mindshift",
"subscribe": {
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"google": "https://podcasts.google.com/feed/aHR0cHM6Ly9mZWVkcy5tZWdhcGhvbmUuZm0vS1FJTkM1NzY0NjAwNDI5",
"npr": "https://www.npr.org/podcasts/464615685/mind-shift-podcast",
"stitcher": "https://www.stitcher.com/podcast/kqed/stories-teachers-share",
"spotify": "https://open.spotify.com/show/0MxSpNYZKNprFLCl7eEtyx"
}
},
"morning-edition": {
"id": "morning-edition",
"title": "Morning Edition",
"info": "\u003cem>Morning Edition\u003c/em> takes listeners around the country and the world with multi-faceted stories and commentaries every weekday. Hosts Steve Inskeep, David Greene and Rachel Martin bring you the latest breaking news and features to prepare you for the day.",
"airtime": "MON-FRI 3am-9am",
"imageSrc": "https://cdn.kqed.org/wp-content/uploads/2024/04/Morning-Edition-Podcast-Tile-360x360-1.jpg",
"officialWebsiteLink": "https://www.npr.org/programs/morning-edition/",
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