Trump v. Barbara · ¶133

Initially enacted in 1940, §1401(a) of Title 8 provides that persons “born in the United States, and subject to the jurisdiction thereof ” “shall be nationals and citizens of the United States at birth.” Nationality Act of 1940, §201(a), 54 Stat. 1138; Immigration and Nationality Act of 1952, §301(a), 66 Stat. 235. That statutory language mirrors the text of §1 of the Fourteenth Amendment, which was ratified in 1868 and similarly provides: “All persons born . . . in the United States, and subject to the jurisdiction thereof, are citizens of the United States.”

slip opinion, revised 7/01/26
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