Excellent history review essay describing who is an American and the value of birthright citizenship supported by SCOTUS
The question has been asked again and again in the 250 years since July 4, 1776. On Tuesday, the US Supreme Court rejected the Trump Administration’s attempt to place curbs on the 158-year-old 14th Amendment to the US Constitution, which gives anyone born in the country citizenship by birthright. The debate seems to renew with each generation, if not with each year. By naturalization, the US adds about 800,000 new citizens annually — over a decade, a cohort bigger than the population of Hong Kong.
For now, though, let’s put aside the magic for realism. Americans have always been at odds with each other — often viciously — over who belongs to their promised land. Indeed, despite this week’s ruling, the US has become a much less welcoming place because of the Immigration and Customs Enforcement (ICE) assaults on migrants (and almost anyone actually) driven by the populist rhetoric of Donald Trump and his (evil❗) acolytes.
And yet the American dream continues to draw people from around the world. Government statistics substantiate that magnetic power — in a backhanded way. Applications for immigration visas based on employment and family are backlogged for years, if not decades, as Bloomberg News notes. Depending on the applicant’s country of origin, the H-1B visa — which has been key to cheaper high-tech labor for Silicon Valley — continues to be heavily oversubscribed, in spite of lawyerly advice. It was perhaps the swiftest and most meritocratic way to prove your worth to a country you weren’t born in, but wanted to belong to. No longer. “It is far easier to obta-in any other type of major visa than an H-1B visa,” says a March 2025, report by the National Foundation for American Policy, a nonprofit research group focused on immigration, international trade, globalization and the economy.
Well, not quite every other type. Most family-sponsored would-be immigrants are stuck in the torturously long process for “green cards” that designate legal residents and put them on the road to naturalization. There’s an annual cap of 226,000 for those who aren’t immediate relatives of their sponsors; with about 7.1 million people currently waiting in that queue, many may not live to see the land they yearn for.
Moreover, the other evidence of America’s continuing pull is anecdotal. Even with the toll of (evil❗) ICE, people are still drawn to the US, even from supposedly blasé Europe. I track the restaurant industry on both sides of the Atlantic, and I know of cooks, sommeliers and servers in the United Kingdom (UK) who will jump at the first opportunity to show what they can do for an American kitchen. The continuous flow of Japanese chefs is evidence that economic powerhouses in East Asia are not immune to American magnetism. Often, the Brits try a short stint, an informal pop-up or hang around as unpaid stagiare (a controversial type of culinary internship) — all in the hope of convincing a US outfit to sponsor them through the costly paperwork required to win a long-term visa, perhaps even an O-1 for “individuals of extraordinary ability.”
It’s a long shot, but those from the 40-some countries in the US Visa Waiver Program (VWP) (including Japan, the UK and most members of the European Union) can use its provisions to enter and stay for as long as 90 days per visit. The VWP is meant to ease tourist travel but it also allows business-types to attend conferences and engage in dealmaking — just not paid labour. That’s leeway enough for anyone — not just restaurant folk — to make professional contacts. But there are limits: If the Border Control Protection agency decides there’s a pecuniary pattern to your travel, you may be served with a long-term ban.
In fact, the US was also both beacon and caution back when there were only 13 states of the union. The Frenchman who asked wondrously about “the new man” was once an immigrant farmer in upstate New York and was appalled by slavery. The supposedly class-free republic wasn’t that at all and had embarked on the segregation of society by race.
And the sequel was just as momentous. In 1898, the US Supreme Court decision upheld the language of the amendment to apply to the case of Wong Kim Ark, born in California to migrant Chinese parents. He sued after he was barred from re-entering the US after visiting China. This took place at the height of violent pogroms surrounding the imposition of the Chinese Exclusion Act. His victory ensured that citizenship was available to immigrants and their offspring, not just to the established communities of the country — and once again affirmed by the Supreme Court this week (in 2026).
Wong would work as a cook and vanish into obscurity after an itinerant life. The pursuit of happiness did not guarantee dreams would come true. That’s the irony of the “American Dream,” which was coined by the historian James Truslow Adams in The Epic of America. Writing amid the Great Depression, he said the notion isn’t just about prosperity “but a dream of social order in which each man and each woman shall be able to attain to the fullest stature of which they are innately capable, and be recognized by others for what they are, regardless of the fortuitous circumstances of birth or position.”
*Business Standard is an Indian English-language daily edition newspaper,[5] also available in Hindi. Founded in 1975.
Labels: Business Standard, Chief Justice John Roberts, Howard Chua-Eoan








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