Trump v. Barbara · ¶151

And second, those two categories of foreign citizens— namely, those unlawfully or temporarily in the country— are relevantly similar to the four categories of persons recognized as exceptions in Wong Kim Ark. The only apparent principle unifying the four disparate exceptions listed by the Court in Wong Kim Ark—especially in light of the exception for tribal American Indians—is that the parents in all of those varied circumstances were not U. S. citizens and were citizens of other nations, whether tribal or foreign. Cf. post, at 3–22 (ALITO, J., dissenting). An exception for those born in the United States to foreign parents unlawfully or temporarily in the country is consistent with that principle and therefore with the Fourteenth Amendment.

slip opinion, revised 7/01/26
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