Trump v. Barbara · ¶173

The United States thus did not claim as a citizen every child born on its soil. Instead, pursuant to the principle that children followed their parents’ domicile, a child was a citizen of the place where his parents were domiciled. “[A] child born of foreign parents is not, on principles of natural reason, necessarily to be considered as a citizen of the country where he is born.” 1 Tucker 57 (emphasis deleted). If he was “born in the country,” but “both his parents were strangers not designing a permanent change of country,” then he was “as much a stranger to the country as his father.” Ibid. The rule was that “when a subject is traveling or sojourning abroad,” he “continues under the protection of ” his home nation, so “his children” are “an exception to the rule which makes the place of birth the test of citizenship.” Ludlam v. Ludlam, 31 Barb. 486, 503 (N. Y. Gen. Term 1860); see…

slip opinion, revised 7/01/26
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