APEX Express

APEX Express – 3.20.25- Wong Kim Ark

 

A weekly magazine-style radio show featuring the voices and stories of Asians and Pacific Islanders from all corners of our community. The show is produced by a collective of media makers, deejays, and activists.

Grace Lee Boggs said, “History is not the past. It is the stories we tell about the past. How we tell these stories – triumphantly or self-critically, metaphysically or dialectally – has a lot to do with whether we cut short or advance our evolution as human beings.” In our current chaotic time, it feels like we are intentionally ignoring history. Our lack of awareness feels like a de-evolution, as our education department is gutting, books are banned, and so many American institutions are at risk, it feels as though a critical analysis of history is being ignored.  On Tonight’s APEX Express, Host Miko Lee focuses on Wong Kim Ark and the importance of Birthright Citizenship. She speaks with historian David Lei, Reverend Deb Lee and lawyer/educator Annie Lee and activist Nick Gee.

Discussed by Our Guests:

What You Can Do To Protect Birthright Citizenship

Our history is tied to the legacy of Wong Kim Ark and birthright citizenship, and it will take ongoing advocacy to protect this fundamental right. Here are four ways you can stay involved in the work ahead:

  1. Invite a friend to attend an event as part of Chinese for Affirmative Action’s weeklong series commemorating Wong Kim Ark.
  2. Take action and oppose Trump’s executive order banning birthright citizenship.
  3. Learn about Wong Kim Ark and Trump’s executive order to end birthright citizenship.
  4. Sign up to join Stop AAPI Hate’s Many Roots, One Home campaign to fight back against Trump’s anti-immigrant agenda.

 

How you can get engaged to protect immigrants:

https://www.im4humanintegrity.org/

https://www.bayresistance.org/

Bay Area Immigration: 24 Hour Hotlines

San Francisco 415-200-1548
Alameda County 510-241-4011
Santa Clara County 408-290-1144
Marin County 415-991-4545
San Mateo County 203-666-4472

 

Know Your Rights (in various Asian languages)

Thank you to our guests and Chinese for Affirmative Action for the clip from Wong Kim Ark’s great grandson Norman Wong

 

Show Transcript: Wong Kim Ark

Opening: [00:00:00] Apex Express Asian Pacific expression. Community and cultural coverage, music and calendar, new visions and voices, coming to you with an Asian Pacific Islander point of view. It’s time to get on board the Apex Express.

 

Miko Lee: [00:00:35] Grace Lee Boggs said history is not the past. It is the stories we tell about the past, how we tell these stories. Triumphantly or self critically metaphysically or dialectically, has a lot to do with whether we cut short or advance our evolution as human beings. I. Well, in our current chaotic times, it feels like we are intentionally ignoring history. Our lack of awareness feels like a de-evolution. As our education department is gutted and books are banned, and so many of our American institutions are at risks, it feels as though a critical analysis of history is just being intentionally ignored. So welcome to Apex Express. I’m your host, Miko Lee, and tonight we’re gonna delve back into a moment of history that is very much relevant in our contemporary world. Tonight’s show is about long Kim Ark. There’s a famous black and white photo of a Chinese American man. His hair is pulled back with a large forehead on display, wide open eyes with eyebrows slightly raised, looking at the camera with an air of confidence and innocence. He is wearing a simple mandarin collared shirt, one frog button straining at his neck, and then two more near his right shoulder. The date stamp is November 15th, 1894. His name is Wong Kim Ark. Tonight we hear more about his story, why it is important, what birthright citizenship means, and what you could do to get involved. So stay tuned. Welcome, David Lei, former social worker, community activist, lifelong San Franciscan, and amazing community storyteller. Welcome to Apex Express. 

 

David Lei: [00:02:21] Thank you, Miko. 

 

Miko Lee: [00:02:23] Can you first start with a personal question and tell me who are your people and what legacy do you carry with you? 

 

David Lei: [00:02:31] I’m now on the board of Chinese Historical Society of America. Chinese American History is pretty important to me for my identity and the story of Chinese in America is American history, and that’s where I’m at now.

 

Miko Lee: [00:02:50] And what legacy do you carry with you from your ancestors? 

 

David Lei: [00:02:56] To pass on the wisdom they pass to me to future descendants. But I’m here in America, so I know after a few generations, my descendants won’t look like me. Most likely they won’t speak Chinese. They’re going to be Americans. So. The lessons and values and wisdoms, my ancestors passed to me, I’m passing to America.

 

Miko Lee: [00:03:30] we are talking on this episode about Wong Kim Ark and as a community storyteller, I wonder if you can take me back to that time, take me back to Wong Kim Ark growing up in San Francisco, Chinatown, what was happening in San Francisco, Chinatown at that time 

 

David Lei: [00:03:48] Okay, this is the end of the 19th century and we have the Exclusion Act in 1882 where Chinese were excluded from coming to America with few exceptions like merchants, diplomats, and scholars.

So if you’re Chinese and you’re a laborer you just can’t come. And there were concerns about. Going, even if you were here, there’s a process for your return, the documents you will need. But even that was iffy. But for Chinese in general, there was birthright citizenship. So if you were born here, you have citizenship and that because of the 14th amendment.

So many Chinese thought birthright citizenship was important ’cause you can vote, you have more rights, less chance that you will be deported. So the Chinese, born in America, right at 1895, formed a Chinese American Citizens Alliance. The concept of being a American citizen was in everybody’s mind in Chinatown at that time. The Chinese been fighting for this birthright citizenship ever since the Exclusion Act. Before Wong Kim Ark, there was Look Tin Sing in the matter regarding Look Tin Sing was a CA federal Court of Appeal case. Look Tin Sing was born in Mendocino, so he’s American born. He assumed he was a citizen. His parents sent him back to China before the Exclusion Act, and when he came back after the Exclusion Act, of course he didn’t have the paperwork that were required , but he was born here. So to prove that he was a citizen. He had to have a lawyer and had to have white witness, and it went to the federal Court of Appeal, ninth Circuit, and the Chinese sixth company. The City Hall for Chinatown knew this was important for all Chinese, so gave him a lawyer, Thomas Den, and he won the case. Then in 1888, this happened again with a guy named Hong Yin Ming. He was held and he had to go to the Federal Court of Appeal to win again, then Wong Kim Ark 1895. He was stopped and. This time, the Chinese six company, which is a city hall for Chinatown they really went all out. They hired two of the best lawyers money could buy. The former deputy Attorney General for the United States, one of which was the co-founder of the American Bar Association. So these were very expensive, influential lawyers. And because Wong Kim Ark was a young man under 25, he was a cook, so he was poor, but the community backed him. And went to the Supreme Court and won because it was a Supreme Court case. It took precedent over the two prior cases that only went to the Court of Appeal. 

 

Now you might think, here’s a guy who has a Supreme Court case that says he’s an American citizen. Well, a few years later in 1901, Wong Kim Ark went to Mexico to Juarez. When he came back to El Paso the immigration stopped him at El Paso and says, no you are just a cook. you’re not allowed to come in because we have the 1882 Exclusion Act. Wong Kim Ark Says, I have a Supreme Court case saying I’m a US citizen, and the El Paso newspaper also had an article that very week saying they’re holding a US citizen who has a Supreme Court case in his favor saying that he is a US citizen. However, immigration still held him for four months in El Paso. I think just to hassle. To make it difficult. Then by 1910, Wong Kim Ark had a few sons in China that he wants to bring to the us so he arranged for his first son to come to America in 1910. His first son was held at Angel Island. Interrogated did not pass, so they deported his firstborn son. So he says, wow, this is my real son, and he can’t even get in. So this is dealing with immigration and the US laws and the racist laws is unending. Just because you win the Supreme Court case, that doesn’t mean you’re safe as we are seeing now. So it takes the community, takes a lot of effort. It takes money to hire the best lawyers. It takes strategizing. It takes someone to go to jail, habeas corpus case oftentimes to test the laws. And even when you win, it’s not forever. It’s constantly challenged. So I think that’s the message in the community. Chinese community had push back on this and have pushed for Birthright citizenship from the very beginning of the Exclusion Act. 

 

Miko Lee: [00:09:48] Thank you so much for that. David. Can we go back a little bit and explain for our audience what the Six Companies meant to Chinatown? 

 

David Lei: [00:09:57] From the very beginning, there were a lot of laws racist laws that were anti-Chinese, and the Chinese always felt they needed representation. Many of the Chinese did not speak English, did not understand the laws, so they formed the Chinese Six Companies. Officially known as the Chinese Consolidated Benevolent Association. most Chinese come from just the six districts from Guangdong Province. They’re like counties. However, in China, each counties most likely will have their own dialect. Unintelligible to the county next to them. They will have their own food ways, their own temples. almost like separate countries. So there were six major counties where the Chinese in America came from. So each county sent representatives to this central organization called the Chinese six companies, and they represented the Chinese in America initially in all of America. Then later on, different states set up their own Chinese Consolidated Benevolent Association, so they would tax their own membership or get their own membership to pay fees. They had in-house lawyers to negotiate with city government, state government, federal government, and they would raise the money. They were the GoFundMe of their days. Almost every month they were hiring lawyers to protect some Chinese, somewhere in America against unfair unjust laws. The Chinese six company was very important to the Chinese in America, and they were the first to really push back on the Chinese exclusion Act between 1882 and 1905. 105,000 Chinese in America after the exclusion Act sued a federal government more than 10,000 times. This is about 10% of the Chinese population in America, sued the federal government. I’m not including state government, counties nor municipalities. This is just the federal government. About 10% of the Chinese here sued and almost 30 of these went to the Federal Supreme Court, and it was the sixth company that organized many of these winning for all Americans and not just the Chinese right. To a public education. Even if you are an immigrant tape versus Hurley in 1885. Then we have the Yick Wo versus Hopkins case that gave equal protection under law for everyone. Now, the 14th Amendment does have this clause equal protection under law, but everybody thought that meant you had to write a law that was equal for everybody. But in the case of Yick Wo versus Hopkins, it was also important that the law is executed and administered equally for everyone.

That’s the first time where it was made very clear that equal protection under law also means the administration and the execution of the law. So that is the core of American Civil Rights and the Chinese won this case for all Americans. Of course, Wong Kim Ark. 

 

The concept of political asylum, public law 29 was a Chinese case passed by Congress in 1921, and then we have Miranda Act. If you look into the Miranda Act, it was based on a Chinese case, 1924 Ziang Sun Wan versus the US two Chinese were accused of murder in Washington DC They were tortured, denied sleep. Denied food, denied attorneys, so they confessed. But when it came to trial. They said we didn’t do it, we confessed ’cause we were tortured and they won in the Supreme Court, but it was a Washington DC case only applicable to federal jurisdictions. So when Miranda came up, the Supreme Court said, well, we decided this in 1924, but now we’ll just make it applicable to state, county and municipality. And then of course, as recently as 1974 Chinese for affirmative action helped bring the Lao versus Nichols case. Where now is required to have bilingual education for immigrant students, if there are enough of them to form a class where they can be taught math, science, history in their original language. These and many more. The Chinese brought and won these cases for all Americans, but few people know this and we just don’t talk about it. 

 

Miko Lee: [00:15:35] David, thank you so much for dropping all this knowledge on us. I did not know that the Miranda rights comes from Asian Americans. That’s powerful. Yes. And so many other cases. I’m wondering, you said that Chinese Americans and the six companies sued, did you say 10,000 times? 

 

David Lei: [00:15:53] We have 10,000 individual cases. In many of these cases, the Chinese six company helped provide a lawyer or a vice. 

 

Miko Lee: [00:16:03] And where did that come from? Where did that impetus, how did utilizing the legal system become so imbued in their organizing process?

 

David Lei: [00:16:14] Well, because it worked even with the exclusion act, during the exclusion period most Chinese. Got a lawyer to represent them, got in something like 80%. In many of the years, 80% of the Chinese that hire a lawyer to help them with the immigration process were omitted. So the Chinese knew the courts acted differently from politics. The Chinese did not have a vote. So had no power in the executive branch nor the legislative branch. But they knew if they hire good lawyers, they have power in the court. So regardless of whether their fellow Americans like them or not legally the Chinese had certain rights, and they made sure they received those rights. By organizing, hiring the best lawyers, and this was a strategy. suing slowed down after 1905 because the Chinese lost a important case called Ju Toy versus the us. The Supreme Court decided that since the Chinese sue so much, their courts of appeal were tied up with all these cases. So the Supreme Court says from now on, the Supreme Court will give up his rights to oversight on the executive branch when it comes to immigration because the Chinese sue too much. And that’s why today the executive branch. Has so much power when it comes to immigration, cause the court gave up the oversight rights in this ju toy versus the US in 1905. So if we go to the history of the law a lot of the legal policies we live in today, were. Pushback and push for by the Chinese, because the Chinese were the first group that were excluded denied these rights. but the Chinese were very organized one of the most organized group and push back. And that’s why we have all these laws that the Chinese won. 

 

Miko Lee: [00:18:30] And in your deep knowledge of all this history of these many cases, what do you think about what is happening right now with all the conversations around birthright citizenship? Can you put that into a historical perspective? 

 

David Lei: [00:18:44] So being an American. We always have to be on the guard for our rights. Who would’ve thought Roe v. Wade would be overturned? So all these things can be challenged. America’s attitude change. Civil disobedience, the Chinese are actually, we have on record the largest number of people practicing civil disobedience over a long period of time. In 1892, when the Exclusion Act, Chinese Exclusion Act had to be renewed, they added this. New requirement that every Chinese must carry a certificate of residency with their photo on it. Well, this is like a internal passport. No one had to have this internal passport, but they made the Chinese do it. So the Chinese six company. Says, no, this is not right. Only dogs need to carry a license around to identify. Itself and only criminals needs to register with a state. And we Chinese are not dogs and we’re not criminals, so we’re not going to do it ’cause no one else needs to do it. So the six company told all the Chinese 105,000 Chinese not to register. 97% refuse to register. In the meantime, the six companies sued the federal government again. Saying the Federal Go government cannot do this. The Chinese lost this case in the Supreme Court and everybody then had to register, but they didn’t register until two years later, 1894.

So they held. Held out for two years.

 

Miko Lee: [00:20:31] How many people was that? 

 

David Lei: [00:20:32] About a hundred thousand. 97% of the 105,000 Chinese refused to do this. So if you look at these certificate of residencies that the Chinese were forced to carry. They were supposed to register in 1892. Almost all of them are 1894. Some of them in fact many of them are May, 1894, the last second that you can register before they start deporting you. So the Chinese. Also practiced civil disobedience and the largest incidents, a hundred thousand people for two years. 

 

Miko Lee: [00:21:15] How did they communicate with each other about that?

 

David Lei: [00:21:18] The Chinese were very well connected through the six companies, their district association, their surname association oftentimes because of. The racism segregation, the Chinese were forced to live in Chinatowns or relied on their own network. To support each other. So there, there’s a lot of letter writing and a lot of institutions, and they kept in touch.That network was very powerful. In fact, the network to interpret a law for everybody interpret uh, any rules of business, and. Just how to conduct themselves in America. They have a lot of institutions doing that. We still have them in the 24 square blocks we call Chinatown. We have almost 300 organizations helping the immigrants. Chinese there with language, with how to do your taxes tutoring for their kids. Advice on schools paying their bills and so on. We have surnames associations, we have district associations, we have gills, we have fraternal organizations, and we certainly have a lot of nonprofits. So it’s very, very supportive community. And that’s always been the case. 

 

Miko Lee: [00:22:42] I’m wondering what you feel like we can learn from those organizers today. A hundred thousand for civil disobedience. And we’re often portrayed as the model minority people just follow along. That’s a lot of people during that time. And what do you think we can learn today from those folks that organize for civil disobedience and the Chinese Exclusion Act? 

 

David Lei: [00:23:03] It takes a community. One person can’t do it. You have to organize. You have to contribute. You have to hire the best lawyers, the very best. In fact, with the Yik Wo versus Hopkins case, the equal protection under law, the Chinese immediately raised 20,000 equivalent to half a million. It takes collective action. It takes money. You just have to support this to keep our rights. 

 

Miko Lee: [00:23:29] And lastly, what would you like our audience to understand about Wong Kim Ark? 

 

David Lei: [00:23:35] Well, Wong Kim Ark, he was just an average person, a working person that the immigration department made life miserable for him. Is very difficult to be an immigrant anytime, but today is even worse.

We have to have some empathy. He was the test case, but there were so many others. I mentioned Look Tin Sing, whose adult name is Look Tin Eli. We know a lot about Look Tin Eli and then this other Hong Yin Ming in 1888 before Wong Kim Ark and so generations of generations of immigrants. Have had a hard time with our immigration department. It’s just not a friendly thing we do here. And you know, we’re all descendants of immigrants unless you’re a Native American. Like I mentioned Look Tin Sing, who was the first case that I could find. For birthright citizenship. His mother was Native American, but Native American didn’t even get to be citizens until 1924. You know, that’s kind of really strange. But that was the case. 

 

Miko Lee: [00:24:50] That’s very absurd in our world. 

 

David Lei: [00:24:52] Yes, Chinatown is where it is today because of Look Tin Sing, his adult name, Look Tin Eli. He saved Chinatown after the earthquake. He’s the one that organized all the business people to rebuild Chinatown like a fantasy Chinese land Epcot center with all the pagoda roofs, and he’s the one that saved Chinatown. Without him and his Native American mother, we would’ve been moved to Hunter’s Point after the earthquake. He later on became president of the China Bank and also president of the China Mayo Steamship Line. So he was an important figure in Chinese American history, but he had to deal with immigration.

 

Miko Lee: [00:25:39] David Lei, thank you so much for sharing your wisdom with us. I appreciate hearing this story and folks can find out when you are part of a panel discussion for Wong Kim Ark week, right? 

 

David Lei: [00:25:50] Yes. 

 

Miko Lee: [00:25:51] Great. We will be able to see you there. Thank you so much for being on Apex Express. Annie Lee, managing director of Policy at Chinese for affirmative action. Welcome to Apex Express. 

 

Annie Lee: [00:26:01] Thank you so much for having me Miko. 

 

Miko Lee: [00:26:02] I wanna just start with this, a personal question, which is, who are your people and what legacy do you carry with you? 

 

Annie Lee: [00:26:10] I am the daughter of monolingual working class Chinese immigrants. And so I would say my people hail from Southern China and were able to come to the United States where I was born and was allowed to thrive and call this place home. I do this work at Chinese for Affirmative Action on their behalf and for other folks like them. 

 

Miko Lee: [00:26:31] Thanks Annie, Today we’re recording on March 17th, and I’m noting this because as we know, things are changing so quickly in this chaotic administration. By the time this airs on Thursday, things might change. So today’s March 17th. Can you as both an educator and a lawyer, give me a little bit of update on where birthright citizenship, where does it stand legally right now? 

 

Annie Lee: [00:26:55] As an educator and a lawyer, I wanna situate us in where birthright citizenship lives in the law, which is in the 14th Amendment. So the 14th Amendment has a birthright citizenship clause, which is very clear, and it states that people who were born in the United States, in subject to the laws thereof are United States citizens. The reason. This clause was explicitly added into the 14th Amendment, was because of chattel slavery in the United States and how this country did not recognize the citizenship of enslaved African Americans for generations.

And so after the Civil War and the Union winning that war and the ends of slavery . We had to make African Americans citizens, they had to be full citizens in the eye of the law. And that is why we have the 14th Amendment. And that clause of the 14th Amendment was later litigated all the way to the Supreme Court by Wong Kim Ark, who was born in San Francisco, like me, two Chinese immigrant parents. When he left the United States, he went to China to visit his family. He tried to come back. They wouldn’t let him in. and he said, I am a citizen because I was born in the United States and this clause in your 14th amendment, our 14th amendment says that I’m a citizen. It went all the way to Supreme Court and the Supreme Court agreed with Wong Kim Ark. Does not matter your parents’ citizenship status. Everyone born in the United States is a US citizen, except for a very, very narrow set of exceptions for the kids of foreign diplomats that really is not worth getting into. Everyone is born. Everyone who’s born in the United States is a citizen. Okay? So then you all know from Trump’s executive order on day one of his second presidency that he is attempting to upends this very consistent piece of law, and he is using these fringe, outlandish legal arguments that we have never heard before and has never merited any discussion because it is just. Facially incorrect based on the law and all of the interpretation of the 14th amendment after that amendment was ratified. So he is using that to try to upend birthright citizenship. There have been a number of lawsuits. Over 10 lawsuits from impacted parties, from states and there have been three federal judges in Maryland, Washington State, and New Hampshire, who have issued nationwide injunctions to stop the executive order from taking effect. That means that despite what Trump says in his executive order. The birthright citizenship clause remains as it is. So any child born today in the United States is still a citizen. The problem we have is that despite what three judges now issuing a nationwide injunction, the Trump’s government has now sought assistance from the Supreme Court to consider his request to lift the nationwide pause on his executive order. So the justices, have requested filings from parties by early April, to determine whether or not a nationwide injunction is appropriate. This is extraordinary. This is not the way litigation works in the United States. Usually you let the cases proceed. In the normal process, which goes from a district court to an appeals court, and then eventually to the Supreme Court if it gets appealed all the way up to the Supreme Court. This is very different from the normal course of action and I think very troubling. 

 

Miko Lee: [00:30:36] So can you talk a little bit about that? I know we constantly say in this administration it’s unprecedented, but talk about how there’s three different states that have actually filed this injunction. , how typical is that for then it or it to then go to the Supreme Court? 

 

Annie Lee: [00:30:53] Just to clarify, it’s not three different states. It’s judges in three different states. In fact, more than many, many states, 18 more than 18 states. There have been two lawsuits related, brought by states one that California was a part of that had multiple states over 18 states as well as San Francisco and District of Columbia. Then there was another lawsuit brought by another set of states. and so many states are opposed to this, for different reasons. I find their complaints to be very, very compelling. Before I get into the fact that multiple judges have ruled against the Trump administration, I did want to explain that the reason states care about this is because birthright citizenship is not an immigration issue. Birthright citizenship is just a fundamental issue of impacting everyone, and I really want people to understand this. If you are white and born in the United States, you are a birthright citizen. If you are black and born in the United States, you are a birthright citizen. It is a fallacy to believe that birthright citizenship only impacts immigrants. That is not true. I am a mother and I gave birth to my second child last year, so I’ve been through this process. Every person who gives birth in the United States. You go to the hospital primarily, they talk to you after your child is born about how to get a social security card for your child. All you have to do is have your child’s birth certificate. That is how every state in this country processes citizenship and how the federal government processes citizenship. It is through a birth certificate, and that is all you need. So you go to your health department in your city, you get the birth certificate, you tell, then you get your social security card. That is how everyone does it. If you change this process, it will impact every state in this country and it will be very, very cumbersome. Which is why all of these states, attorneys general, are up in arms about changing birthright citizenship. It is just the way we function. That again applies to re regardless of your parents’ immigration status.

This is an issue that impacts every single American. Now, to your question as to what does it mean if multiple judges in different states, in different federal district courts have all ruled against. Donald Trump, I think it really means that the law is clear. You have judges who ha are Reagan appointees saying that the birthright citizenship clause of the 14th amendment is crystal clear. It has, it is clear in terms of the text. If you are a textualist and you read exactly what the text says, if you believe in the context of, The 14th Amendment. If you look at the judicial history and just how this clause has been interpreted since ratification, like everything is consistent, this is not an area of law that has any gray area. And you see that because different judges in different district courts in Maryland, in Washington, in New Hampshire all have cited against Donald Trump. 

 

Miko Lee: [00:33:54] So what is the intention of going to the Supreme Court? 

 

Annie Lee: [00:33:59] I mean, he is trying to forum shop. He’s trying to get a court that he believes will favor his interpretation and that is why the right has spent the last half century stacking federal courts. And that is why Mitch McConnell did not let Barack Obama replace Antonin Scalia. The composition of the Supreme Court is. So, so important, and you can see it at times like this. 

 

Miko Lee: [00:34:28] But so many of the conservatives always talk about being constitutionalists, like really standing for the Constitution. So how do those things line up?

 

Annie Lee: [00:34:38] Oh, Miko, that’s a great question. Indeed, yes, if they were the textualist that they say they are, this is a pretty clear case, but, Law is not as cut and dry as people think it is. It is obviously motivated by politics and that means law is subject to interpretation.

 

Miko Lee: [00:34:59] Annie, thank you so much for this breakdown. Are there any things that you would ask? Are people that are listening to this, how can they get involved? What can they do? 

 

Annie Lee: [00:35:09] I would recommend folks check out StopAAPIHate. We are having monthly town halls as well as weekly videos to help break down what is happening. There’s so much news and misinformation out there but we are trying to explain everything to everyone because these anti-immigration. Policies that are coming out be, this is anti-Asian hate and people should know that. You can also check out resources through Chinese for affirmative action. Our website has local resources for those of you who are in the Bay Area, including the rapid response lines for bay Area counties if you need any services, if you. See ICE. , if you want to know where their ICE is in any particular location, please call your rapid response line and ask them for that verifiable information. Thank you. 

 

Miko Lee: [00:36:00] Thank you so much, Annie Lee for joining us today on Apex. 

 

Ayame Keane-Lee: [00:36:04] You are listening to 94.1 KPFA and 89.3 KPFB in Berkeley, 88.1 KFCF in Fresno, 97.5 K248BR in Santa Cruz, 94.3 K232FZ in Monterey, and online worldwide at kpfa.org.

 

Miko Lee: [00:36:23] Welcome, Nicholas Gee from Chinese for affirmative action. Welcome to Apex Express. 

 

Nicholas Gee: [00:36:29] Thanks so much, Miko. Glad to be here. 

 

Miko Lee: [00:36:31] I’m so glad that you could join us on the fly. I wanted to first just start by asking you a personal question, which is for you to tell me who you are,, who are your people and what legacy do you carry with you.

 

Nicholas Gee: [00:36:46] I’ll start off by saying Miko, thanks so much for having me. My name is Nicholas Gee and I am a third and or fourth generation Chinese American, born and raised in Houston, Texas. And for me, what that means is, is that my great-great-grandparents and great-grandparents migrated from Southern China, fleeing war and famine and looking for opportunity in the middle of the early, like 19 hundreds. And they wanted to start an opportunity here for future generations like me. My people are my family who migrated here over a hundred years ago. who were settling to start a new life. My people are also the people that I advocate with, the Language Access network of San Francisco, the Immigrant Parent Voting Collaborative, my colleagues at Chinese for affirmative action and stop AAPI hate. I think about my people as the people that I’m advocating with on the ground day to day asking and demanding for change.

 

Miko Lee: [00:37:41] Thank you. And what legacy do you carry with you? 

 

Nicholas Gee: [00:37:45] I carry the legacy of my elders, particularly my grandparents who immigrated here in around the 1940s or so. And when I think about their legacy, I think a lot about the legacy of immigration, what it means to be here, what it means to belong, and the fight for advocacy and the work that I do today. 

 

Miko Lee: [00:38:05] Thanks so much, Nick, and we’re here doing this show all about Wong Kim Ark, and I know Chinese for affirmative action has planned this whole week-long celebration to bring up as we’re talking about legacy, the legacy of Wong Kim Ark. Can you talk about how this one week celebration came to be and what folks can expect? 

 

Nicholas Gee: [00:38:26] Yeah. As folks may know we are in the midst of many executive orders that have been in place and one of them being the executive order to end birthright citizenship. And Wong Kim Ark was actually born and raised in San Francisco’s Chinatown, particularly on seven. 51 Sacramento Street. In the heart of the community and local partners here in this city, we’re really trying to figure out how do we advocate and protect birthright citizenship? How do we bring momentum to tell the story of Wong Kim Ark in a moment when birthright citizenship is, in the process of being removed And so we really wanted to create some momentum around the storytelling, around the legacy of Wong Kim Ark, but also the legal implications and what it means for us to advocate and protect for birthright citizenship. And so I joined a couple of our local partners and particularly our team at Chinese for affirmative action to develop and create the first ever Wong Kim Ark Week. Officially known as born in the USA and the Fight for Citizenship, a week long series of events, specifically to honor the 127th anniversary of the Landmark Supreme Court case, US versus Wong Kim Ark, which affirmed birthright citizenship for all in the United States. 

 

Miko Lee: [00:39:44] What will happen during this week-long celebration?

 

Nicholas Gee: [00:39:48] We have several scheduled events to raise awareness, mobilize the community, and really to stand up for the rights of all immigrants and their families. One is an incredible book Talk in conversation with author and activist Bianca Boutte. Louie, who recently authored a book called Unassimilable. And she tells a personal narrative and provides a sharp analysis for us to think about race and belonging and solidarity in America, particularly through an Asian American lens. This event is hosted by the Chinese Historical Society of America. Following. We have a live in-person community symposium on Wong Kim Ark legacy and the struggle for citizenship. There’ll be a powerful community conversation with legal advocates, storytellers, movement builders, to have a dynamic conversation on the impact of birthright citizenship. Who is Wong Kim Ark? What is his enduring legacy and how people can join us for the ongoing struggle for justice? And you know, we actually have a special guest, Norman Wong, who is the great grandson of Wong Kim Ark. He’ll be joining us for this special event. We have a couple of more events. One is a Chinatown History and Art Tour hosted by Chinese Culture Center, this is a small group experience where community members can explore Chinatown’s vibrant history, art, and activism, and particularly we’ll learn about the legacy of Wong Kim Ark and then lastly, we have a in-person press conference that’s happening on Friday, which is we’re gonna conclude the whole week of, Wong Kim Ark with a birthright, citizenship resolution and a Wong Kim Ark dedication. And so we’ll be celebrating his enduring impact on Birthright citizenship and really these ongoing efforts to protect, our fundamental right. and the San Francisco Public Library is actually hosting an Asian American and Pacific Islander book display at the North Beach campus and they’ll be highlighting various books and authors and titles inspired by themes of migration, community, and resilience. So those are our scheduled, events We’re welcoming folks to join and folks can register, and check out more information at casf.org/WongKimArk 

 

Miko Lee: [00:42:04] Thanks so much and we will post a link to that in our show notes. I’m wondering how many of those are in Chinese as well as English? 

 

Nicholas Gee: [00:42:13] That is a fantastic question, Miko. We currently have the community symposium on Wong Kim Ark legacy in the struggle for citizenship. This event will have live interpretation in both Mandarin and Cantonese. 

 

Miko Lee: [00:42:46] What would you like folks to walk away with? An understanding of what. 

 

Nicholas Gee: [00:42:30] We really want people to continue to learn about the legacy of birthright citizenship and to become an advocate with us. We also have some information on our website, around what you can do to protect birthright citizenship. As an advocate, we are always thinking about how do we get people involved, to think about civic engagement intentional education and to tie that back to our advocacy. And so we have a couple of ways that we’re inviting people to take action with us. One is to invite a friend to consider attending one of our events. If you’re based here in the San Francisco Bay area or if you’re online, join us for the book Talk with Bianca. , two, we’re inviting folks to take action and oppose the executive order to ban birthright citizenship. Chinese for affirmative action has. A call to action where we can actually send a letter to petition , to oppose this executive order to send a message directly to our congressman or woman. and lastly, you know, we’re asking people to learn about Wong Kim Ark as a whole, and to learn about the impacts of birthright citizenship. My hope is that folks walk away with more of an understanding of what does it mean here to be an advocate? What does it mean to take action across the community and really to communicate this is what resilience will look like in our community 

 

Miko Lee: [00:43:44] Nick Gee, thank you so much for joining me on Apex Express. It was great to hear how people can get involved in the Wong Kim Ark week and learn more about actions and how they can get involved. We appreciate the work you’re doing. 

 

Nicholas Gee: [00:43:56] Thanks so much Miko, and I’m excited to launch this.

 

Miko Lee: [00:43:58] Welcome, Reverend Deb Lee, executive Director of Interfaith Movement for Human Integrity and part of the Network on Religion and justice. Thank you so much for coming on Apex Express. 

 

Rev. Deb Lee: [00:44:09] Great to be here. Miko. 

 

Miko Lee: [00:44:11] I would love you just personally to tell me who are your people and what legacy do you carry with you?

 

Rev. Deb Lee: [00:44:17] Wow. Well, my people are people in the Chinese diaspora. My family’s been in diaspora for seven generations, from southern China to southeast to Asia. and then eventually to the United States. What I carry with me is just a huge sense of resistance and this idea of like, we can survive anywhere and we take our love and our family and our ancestor we gotta carry it with us. We don’t always have land or a place to put it down into the ground, and so we carry those things with us. , that sense of resistance and resilience. 

 

Miko Lee: [00:44:56] Thank you so much. I relate to that so much as a fifth generation Chinese American. To me, it’s really that sense of resilience is so deep and powerful, and I’m wondering as a person from the faith community, if you could share about the relevance of Wong Kim Ark and Birthright citizenship.

 

Rev. Deb Lee: [00:45:12] Yeah, Wong Kim Ark is critical because he was somebody who really fought back against racist laws and really asserted his right to be part of this country, his right to have the Constitution apply to him too. I’m just so grateful for him and so many of the other Chinese Americans who fought back legally and resisted against in that huge wave of period of Chinese exclusion to create some of the really important immigration laws that we have today. I wouldn’t be a citizen without birthright citizenship myself. Wong Kim Ark really established that every person who is born on this soil has a right to constitutional protection, has a right to be a citizen. And in fact, the Constitution in the 14th Amendment also applies to let equal treatment for everyone here, everyone who is here. You don’t even have to be a citizen for the constitutional rights. And the Fourth Amendment, the fifth Amendment, the first amendment to apply to you. And those things are so under attack right now. It’s so important to establish the equality. Of every person and the right for people here in this country to have safety and belonging, that everyone here deserves safety and belonging. 

 

Miko Lee: [00:46:24] Thank you so much for lifting up that activist history. as, a person who was raised in a theological setting at a seminary, I was really raised around this ethos of love as an active tool and a way of fighting for civil rights, fighting for things that we believe in. And I’m wondering if you could talk about how you see that playing out in today. And especially as you know, this Trump regime has had such incredible impacts on immigrants and on so much of our activist history. I’m wondering if you have thoughts on that? 

 

Rev. Deb Lee: [00:47:00] Well, so much of the civil rights history in this country, you know, going back to like the activism of Chinese Americans to establish some of those civil rights. You know, it goes back to this idea of like, who is fully human, who can be fully human, whose humanity will be fully recognized? And so I think that’s what’s connects back to my faith and connects back to faith values of the sacredness of every person, the full humanity, the full participation, the dignity. And so I think, Wong Kim Ark and the other, like Chinese American activists, they were fighting for like, you know, we don’t wanna just be, we’re gonna just gonna be laborers. We’re not just going to be people who you can, Bring in and kick out whenever you want, but like, we want to be fully human and in this context of this nation state, that means being fully citizens.And so I think that that struggle and that striving to say we want that full humanity to be recognized, that is a fundamental kind of belief for many faith traditions, which, you know, speak to the radical equality of all people and the radical dignity of all people, that can’t be taken away, but that has to really be recognized. What’s under attack right now is. So much dehumanization, stigmatization of people, you know, based on race, based on class, based on gender, based on what country people were born in, what papers they carry, you know, if they ever had contact, prior contact with the law, like all these things. You know, are immediately being used to disregard someone’s humanity. And so I think those of us who come from a faith tradition or who just share that kind of sense of, value and, deep humanism in other people, that’s where we have to root ourselves in this time in history and really being, you know, we are going to defend one another’s humanity and dignity, at all costs.

 

Miko Lee: [00:48:55] Thank you for that. I’m wondering if there are other lessons that we can learn from Wong Kim Ark, I mean, the time when he fought back against, this was so early in 1894, as you mentioned, the Chinese exclusion acts and I’m wondering if there are other lessons that we can learn from him in, in our time when we are seeing so many of our rights being eroded.

 

Rev. Deb Lee: [00:49:17] I think that there’s so many ways, that we think about how did people organize then like, you know, it’s challenging to organize now, but if you can imagine organizing then, and I’m thinking, you know, when Chinese people were required to carry identification papers and you know, on mass they refused to do that and they. Practice, like a form of civil disobedience. And I think we’re at this time now, like the Trump administration’s telling anybody here who’s unauthorized to come forward and to register well, I think people need to think twice about that. And people are, there are many other things that they’re trying to impose on the immigrant community and I think one like lesson is like, how do people survive through a period of exclusion and we are today in a period of exclusion. That really goes back to the mid 1980s, when there was, last, a significant immigration reform that created a pathway to citizenship. Only for about 3 million people. But after that, since that time in the mid 1980s, there has been no other pathways to citizenship, no other forms of amnesty, no other ways for people to fix their status.So in fact, we are already in another 40 year period of exclusion again. And so one of those lessons is how do people survive this period? Like right, and left. They’re taking away all the laws and protections that we had in our immigration system. They were very narrow already. Now even those are being eliminated and any form of compassion or discretion or leniency or understanding has been removed. So I think people are in a period of. Survival. How do we survive and get through? And a lot of the work that we’re doing on sanctuary right now we have a sanctuary people campaign, a sanctuary congregations campaign is how do we walk alongside immigrants to whom there is no path. There is no right way. there is no opening right now. But walk with them and help support them because right now they’re trying to squeeze people so badly that they will self deport. And leave on their own. This is part of a process of mass expulsion but if people really believe that they want to stay and be here, how do we help support people to get through this period of exclusion until there will be another opening? And I believe there will be like our, our history kind of spirals in and out, and sometimes there are these openings and that’s something I take from the faith communities. If you look at Chinese American history in this country, the role that faith communities played in walking with the immigrant community and in supporting them, and there’s many stories that help people get through that period of exclusion as well.

 

Miko Lee: [00:51:52] Deb, I’m wondering what you would say to folks. I’m hearing from so many people [say] I can’t read the news. It’s too overwhelming. I don’t wanna get involved. I just have to take care of myself. And so I’m just waiting. And even James Carville, the political opponent, say we gotta play dead for a few years. What are your thoughts on this? 

 

Rev. Deb Lee: [00:52:11] Well, we can’t play totally dead. I wish the Democrats wouldn’t be playing dead, but I think that a person of faith, we have to stay present we don’t really have the option to check out and we actually have to be in tune with the suffering. I think it would be irresponsible for us to. You know, turn a blind eye to the suffering. And I wanna encourage people that actually opportunities to walk with people who are being impacted and suffering can actually be deeply, fulfilling and can help give hope and give meaning. And there are people who are looking for solidarity right now. We are getting a lot of calls every week for someone who just wants them, wants someone to go to their court or go to the ice, check-in with them, and literally just like walk three blocks down there with them and wait for them. To make sure they come out. And if they don’t come out to call the rapid response hotline, it doesn’t take much. But it’s a huge act like this is actually what some of the immigrant communities are asking for, who are millions of people who are under surveillance right now and have to report in. So those small acts of kindness can be deeply rewarding in this. Sea of overwhelming cruelty. And I think we have an obligation to find something that we can do. , find a way, find a person, find someone that we can connect to support and be in solidarity with and think about people in our past. Who have accompanied us or accompanied our people and our people’s journey. And when those acts of kindness and those acts of neighbors and acts of friendship have meant so much I know like my family, they still tell those stories of like, this one person, you know, in Ohio who welcome them and said hello. We don’t even know their names. Those acts can be etched in people’s hearts and souls. And right now people need us. 

 

Miko Lee: [00:53:59] Oh, I love that. I’ve talked with many survivors of the Japanese American concentration camps, and so many of them talk about the people of conscience, meaning the people that were able to step up and help support them during, before and after that time. Lastly, I’m wondering, you’re naming some really specific ways that people can get engaged, and I know you’re deeply involved in the sanctuary movement. Can you provide us with ways that people can find out more? More ways to get involved in some of the work that you are doing. 

 

Rev. Deb Lee: [00:54:29] I’ll put a plug in for our website. It’s www dot I am number four, human integrity.org. So it’s, iam4humanintegrity.org. We work with families that are impacted facing deportation, looking for all kinds of ways to get the community to rally around folks and support and we work with faith communities who are thinking about how to become sanctuary congregations and how to be an important resource in your local community. The other organizations, I would say sign up for Bay Resistance. They’re organizing a lot of volunteers that we call on all the time we’re working with. We’re, you know, working with many organizations, the Bay Area, to make sure that a new ice detention facility does not get built. They are looking at the potential site of Dublin. We’ve worked really hard the last decade to get all the detention centers out of Northern California. We don’t want them to open up a new one here.

 

Miko Lee: [00:55:27] Deb Lee, thank you so much for joining us on Apex Express and folks can actually see Deb on Tuesday night in Wong Kim Ark Week as one of the speakers. Thank you so much for joining us. 

 

Rev. Deb Lee: [00:55:38] Thank you, Miko. 

 

Miko Lee: [00:55:39] Thank you so much for joining us on Apex Express. We’re gonna close this episode with words from Norman Wong, the great grandson of Wong Kim Ark.

 

Norman Wong: [00:55:49] So let’s fight back. Threats to birthright citizenship will only divide us, and right now we need to come together to continue the impact of my great grandfather’s. This is my family’s legacy, and now it’s part of yours too. Thank you 

 

Miko Lee: [00:56:11] Please check out our website, kpfa.org to find out more about our show tonight. We think all of you listeners out there. Keep resisting, keep organizing, keep creating and sharing your visions with the world because your voices are important. Apex Express is created by Miko Lee, Jalena Keane-Lee, Preti Mangala-Shekar, Swati Rayasam, Aisa Villarosa, Estella Owoimaha-Church, Gabriel Tanglao, Cheryl Truong and Ayame Keane-Lee.