When Congress ratified the Fourteenth Amendment in 1868, it enshrined birthright citizenship and equal protection into the Constitution. For Asian Americans, these principles became both a promise and a battleground.

Asian Americans have long played a central role in defending the Fourteenth Amendment. History shows that immigrants were often seen as outsiders, connecting debates over race and identity to the broader pursuit of liberty. Today, those same rights are under renewed threat—rights that were first secured through activism and cross-racial solidarity.

AAPI New Jersey is now bringing these lessons to classrooms. Through its Teach Asian American Stories initiative, the group has partnered with the Asian Law Caucus and their Equal Under the Law campaign to launch “Who Gets to Be an American? Teaching the 14th Amendment & Birthright Citizenship.” 

The program provides K–12 lesson plans, resources, and training to educators, including virtual and in-person workshops on how to integrate this history into existing curriculums and bridge these topics with current events.

“These constitutional rights aren’t just legal text sitting on a shelf. They’re promises to us that we have to fight for in the streets, in the classrooms, at the ballot box. And for us at AAPI New Jersey, what we’ve been doing is leaning into our strength of organizing through education,” said Roslyne Shiao, co-executive director for AAPI New Jersey.

A New Threat to Birthright Citizenship
The Fourteenth Amendment was born after the Civil War, when formerly enslaved Black Americans were still not guaranteed basic rights. It ensures that no state can deny “life, liberty, or property, without due process of law,” or equal protection. These protections form the legal foundation for many civil rights that Americans rely on today, from due process, to the right to marry, to school desegregation, and to voting rights.

On his first day in office, President Donald Trump signed an executive order to end birthright citizenship for children born in the U.S. to undocumented or temporary-status parents. States including New Jersey have sued the administration, and those cases could sit before the Supreme Court. At the same time, congressional proposals have been introduced to redefine birthright citizenship through legislation.

Why Civil Rights History Matters Now
The struggle for the Fourteenth Amendment has both protected fundamental freedoms and exposed how the definition of “American” remains conditional. The battles of the past reflect the urgent fight for rights today.

“Hopefully when students see themselves reflected in this history, they will be more invested in fighting for their constitutional rights and protecting their historical legacy,” said Alexis Takahashi, Community Partnerships Manager at Asian Law Caucus.

Teachers have described this support as essential. Dr. Darrell DeTample, a New Jersey high school social studies teacher and an alum of the Teach Asian American Stories fellowship program, said he has “observed a critical need” for professional development on the Fourteenth Amendment.

“Providing educators with extra support to teach this topic is not just beneficial—it is essential for delivering a comprehensive and accurate civics education,” said DeTample.

Dr. Jessica Cappadona, a high school history teacher, social studies coordinator, and fellow TAAS ambassador, emphasized the amendment’s “continued role in American jurisprudence and history.”

“Because it protects bedrock American ideals such as birthright citizenship, due process, and equal protection, the 14th amendment is centered in numerous landmark Supreme Court decisions that have shaped our history and contemporary society,” Cappadona said.

Legal Precedents: Exclusion and Solidarity
This ongoing relevance comes into sharper focus when considering landmark moments in Asian American history.

Fourteen years after the amendment’s ratification, Congress passed the Chinese Exclusion Act of 1882—the only U.S. law to bar entry to an entire ethnic group. The act expanded under the Scott Act of 1888, which revoked legal reentry certificates. Chinese laborer Chae Chan Ping was stranded abroad when the Supreme Court upheld the law in 1889, cementing the government’s power to restrict immigration.

A decade later, the Fourteenth Amendment faced another test. San Francisco-born Wong Kim Ark was denied reentry to the U.S. in 1890 after visiting China. Immigration officials argued the Exclusion Act barred him from citizenship despite his American birth. His legal fight led to the landmark 1898 Supreme Court ruling in United States v. Wong Kim Ark, which affirmed birthright citizenship for anyone born in the U.S.—a precedent that is central to constitutional law today.

Not as well-known, however, is how Wong’s community came together to support him during his time of need. The Chinese Consolidated Benevolent Association, or local organizations that assist Chinese immigrant communities, hired an attorney for Wong to help him as his case made its way through the federal courts.

“Wong Kim Ark’s case was more than just a legal case—it’s the story of an entire community coming together to collectively fight for their rights,” said Eileen Ma, Democracy and National Initiatives Director at Asian Law Caucus.

The Fourteenth Amendment’s protections faltered during World War II, when more than 100,000 Japanese Americans were incarcerated under Executive Order 9066. In 1944, the Supreme Court’s Korematsu v. United States decision upheld the policy, considered one of the Court’s darkest moments. It took more than forty years before Congress issued an apology and reparations through the Civil Liberties Act of 1988.

The Enduring Fight for Freedom
From Wong Kim Ark’s battle to modern debates over immigration and identity, the Fourteenth Amendment remains at the center of all our lives. Its lasting power has ensured that at every turning point, members of the Asian diaspora have shaped the definition of who counts as American. Organizers look toward these histories to guide responses to current challenges from the Trump administration. 

“Right now, that essential freedom—that no matter who you are or where you come from, you have equal protection—is something that’s being tested and playing out right now on the streets, in courthouses, and at airports and classrooms,” said Kim Leung, Staff Attorney at Asian Law Caucus.

When individual rights are slowly chipped away, the foundation of our civil liberties weaken for everyone.