Kwock Jin Fat和美国出生公民权的案例调研

考察了下这个著名的移民案例。

Quock Jan Fat，一个福建老中的名字，你很快就会知道。老爸叫Quock Tuck Lee，也非常有故事。他的儿子，叫Quock Jan Fat，未来几个月会很有名。

出生公民权一直有争议，1869年为了让黑人成为美国公民。后来有很多有关案例，其中很有名的是当年最高法院1920年一个法令。就是Quock Jan Fat v White的案例。这个案件的律师，是Dion R Holm。应该算当年比较woke的白人 （https://www.newspapers.com/article/oakland-tribune-obituary-for-dion-r-hol/74696541/）



1860年monterey 郭家。

这个法律，你仔细读，就知道特朗普说的有道理。为什么敢碰出生公民权的案子，还是1850年就来加州的一个老中家庭的案例需要细读。那时候第一次鸦片战争刚结束，美国加州淘金开始（类似今天的AI GPT）。来加州的人很多。

看这个

https://exhibits.stanford.edu/seaside/feature/the-chinese-fishing-village

https://seaside.stanford.edu/point-alones-chinese-fishing-village-0



以前旧金山附近的monterey bay有一个中华渔村。有一个郭家，1850年飘洋过海来美国，在旧金山附近捕鱼晒渔，有一点小日子。他们其实比很多欧洲人来的不晚。欧洲人被许可homesteading，也就是占地占坑永久拥有土地，可是中国人不行。后来这个渔村被可疑的烧掉，腾出地方给了伯克利建立生物实验室。现在叫Lover's point.

当年中国人可能很勤劳可是不受待见。后来Tuck Lee给附近的斯坦福大学实验室采集标本。如果他们当年就可以买房拥地，现在整个17 mile drive都应该是中国人的。可惜，这块宝地后来被欧洲人看上了。

Jan Fat有一次回国，需要提前报备，后来被自己人举报了，说他的美国身份不是真的。后来他的案子一直告到最高法院。

In Kwock Jan Fat v. White (1920), the "petitioner" (Kwock Jan Fat) was born in Monterey, California. At the time of Fat's birth, his father, Kwock Tuck Lee, was presumed to be a U.S. citizen, based on the facts that (a) Lee was born in the United States, and (b) he was registered to vote in Pacific Grove (the Chinatown district of Monterey) where he lived. Moreover, Lee's wife, Tom Ying Shee (Fat's mother), was presumed to be a U.S. citizen by marriage.

Since Fat was born in the United States, of parents (Lee and Shee) who were presumably both U.S. citizens, Edward White, the Commissioner of Immigration, concluded that Kwock Jan Fat was a "natural born American citizen". When Fat departed on a trip to China, the Commissioner assured him that, when he returned, he would be readmitted to the United States.

While Fat was in China, Commissioner White received an anonymous tip that Fat had committed identity fraud, that he was really Lew Suey Chong, who was admitted to this country in 1909, as a son of a Chinese merchant, Lew Wing Tong, of Oakland, California. Consequently, upon his return from China, Fat was barred from reentering the U.S.; and a lawsuit ensued.

The Supreme Court found that the anonymous tip was not credible. But even if we assumed that Fat's parents were not U.S citizens, they were still "permanently domiciled" in the United States. According to U.S. v. Wong Kim Ark (1898), the U.S.-born children of permanently-domiciled alien parents acquire U.S. citizenship at birth.

It is not disputed that if petitioner is the son of Kwock Tuck Lee and his wife, Tom Ying Shee, he was born to them when they were permanently domiciled in the United States, is a citizen thereof, and is entitled to [re]admission to the country. United States v. Wong Kim Ark, 169 U.S. 649 , 18 Sup. Ct. 456. (Kwock Jan Fat v. White, 1920).

The Supreme Court did not suggest that mere birth on U.S. soil was sufficient to confer U.S. citizenship. The Wong Kim Ark ruling conferred U.S. citizenship to the U.S.-born child of alien parents only if the parents were "permanently domiciled" in the United States at the time of the child's birth.

最高法院不认为在美国出生就是公民。只有父母一方是绿卡或者公民，降生在美国的孩子才是美国公民。这个案例，父母一方都是永居。

The Supreme Court ruled in favor of Kwock Jan Fat, commenting that:

It is better that many Chinese immigrants should be improperly admitted than that one natural born citizen of the United States should be permanently excluded from his country. (Kwock Jan Fat v. White, 1920).

严格来说，1868年第十四修正案，是有一个修饰词。也就是，必须“subject to jurisdiction“。  Jin Fat的1920案子是特朗普律师必须知道的核心。

https://supreme.justia.com/cases/federal/us/253/454/







Holm有墓碑，Kwock没有。