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When Citizenship Depended on Race: History of Asian American Legal Battles

As we commemorate Asian Pacific American Heritage Month, it's imperative to revisit one of the earliest conundrums in Asian American legal history - the question of whether Asian Americans are considered "white" under the law. This dilemma dates back to 1790 when Congress exclusively limited U.S. citizenship to “free white persons,” thereby excluding a significant portion of the population, including free black people and, later, Asian immigrants who sought the American dream on its shores. The recent webinar, "When Citizenship Depended on Race," spearheaded by experts like Elizabeth Tanaka and Stephen Lee, dissected the historical epoch when Asian Americans were barricaded from U.S. citizenship by racial restrictions. This digital gathering traced its roots back to an in-person event on May 3rd, 2023, emphasizing the ongoing dialogue surrounding race, empire, and legal history's intersection impacting Asian Americans.

In 2023, Stephen was asked by the federal district court in the Northern District of Illinois to co-host an event about the era when U.S. law prevented Asian American immigrants from becoming U.S. citizens because they were not “white” under the law. Stephen ended up with so much research about the topic that he wrote a series of articles throughout May 2023 to celebrate Asian American legal history. He also organized and spoke at a webinar with two history professors.

 

Watch the full “When Citizenship Depended on Race“ webinar.

 

Stephen Chahn Lee is regularly invited to speak at conferences and panels on various topics, including healthcare fraud, Asian American legal history, and criminal law.

For further insights into pre-World War II discrimination regarding American citizenship or for legal guidance on healthcare fraud defense, please contact Stephen Lee Law.

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