The Trump administration's invocation of the Alien Enemy Act (AEA) and the reconsideration of birthright citizenship have ignited deep concerns within our firm. These are not abstract legal theories for us; they are issues woven into the very fabric of our history and the personal experiences of our founding partners and current partners. From Chinese exclusion to the incarceration of Japanese Americans, we know firsthand what is at stake when unchecked powers, prejudice and discrimination drive policy.

Firm partner Olivia S. Lee grew up across the street from the very location in San Francisco where Wong Kim Ark was born. Her family personally experienced the direct impact of Chinese Exclusion, including the discrimination of denying both entry and citizenship. Olivia's childhood was filled with stories of resilience and the fight for belonging in a nation whose laws sought to exclude them.

Our founding partners also carried the weight of history. Their families were among the thousands of Japanese Americans unjustly rounded up, relocated, and forced into incarceration camps during World War II. They lived through the trauma of being labeled "enemy aliens" based solely on their ancestry, a consequence of the very Alien Enemy Act now being discussed. The scars of this period run deep within our firm's legacy.

The potential resurgence of the AEA in contemporary discourse is particularly troubling given our firm's involvement in the Korematsu case. While Fred Korematsu's legal challenge to the incarceration ultimately failed in his time, Dale Minami's and Don Tamaki's later work contributed to the eventual reparations for Japanese American individuals who suffered this profound injustice. We understand the devastating impact of the AEA and the dangerous precedent it sets when broad powers are used to target specific communities without due process.

Furthermore, the renewed debate over birthright citizenship strikes at the core of our understanding of who belongs in America. The 14th Amendment's guarantee of citizenship to those born on U.S. soil has been a cornerstone of our democracy. Yet, this principle has faced challenges throughout history, particularly during periods of intense anti-immigrant sentiment.

The era of Asian exclusion saw a multitude of discriminatory measures aimed at controlling the who could enter the U.S. and denying Asian immigrants the rights of citizenship. The Chinese Exclusion Act, the Asiatic Barred Zone Act, Page Act, and the Gentlemen's Agreement all served to restrict Asian immigration.

Moreover, landmark Supreme Court cases like Ozawa v. United States (1922) and United States v. Bhagat Singh Thind (1923) further illustrate the arbitrary and racially biased ways in which citizenship was determined. The Ozawa decision denied Japanese immigrants citizenship based on race, despite their pale skin, while the Thind decision, just months later, denied citizenship to a South Asian man who was scientifically classified as Caucasian, because he was not considered "white" by the "common man."

The Thind decision had a direct and lasting impact on the South Asian community, leading to the denaturalization of Indian Americans who had previously been granted citizenship. Firm partner Seema Bhatt, herself South Asian, personally appreciates how shifting social and political winds can abruptly redefine who belongs, leaving communities vulnerable to losing fundamental rights.

These historical echoes are not mere coincidences. They serve as stark warnings about the fragility of civil liberties and the enduring threat of xenophobia. Our firm's unique perspective, rooted in both professional experience and the lived realities of our partners' families, compels us to speak out.

U.S. Senator Mazie Hirono is co-sponsoring legislation to repeal the Alien Enemy Act. For those interested, write your Member of Congress to support this legislation.

Firm partner Olivia S. Lee will be one of the speakers Monday at a Community Symposium on Wong Kim Ark's Legacy and the Struggle for Citizenship hosted by Chinese for Affirmative Action and San Francisco Chinatown partners. See details below.

MINAMI TAMAKI LLP

Community Symposium on Wong Kim Ark's Legacy and the Struggle for Citizenship

Monday, March 24, 2025 - 4:00 p.m. to 6:00 p.m.

Chinese Culture Center, 750 Kearny St Fl 3, San Francisco

Join Chinese for Affirmative Action and San Francisco Chinatown partners for a symposium on Wong Kim Ark and the fight for citizenship. This gathering will bring together legal scholars, historians, advocates, and community members for a compelling series of panel discussions on the landmark case US v. Wong Kim Ark and the ongoing struggle to protect birthright citizenship.

For more event details and to RSVP for this special event, please check this link. Space is limited.