Trump v. Barbara · ¶215

Others confirmed that the Civil Rights Act excluded the children of temporary visitors. Representative Bingham described the Civil Rights Act as “simply declaratory” of pre-existing law, id., at 1291, which, he had already explained, required that a citizen be both “born and domiciled” in the United States, Cong. Globe, 35th Cong., 2d Sess., at 983. Bingham understood the Act to grant citizenship only to children “of parents not owing allegiance to any foreign sovereignty.” Cong. Globe, 39th Cong., 1st Sess., at 1291. Representative Martin Thayer agreed that the Act required that a person “not ow[e] allegiance to a foreign Power.” Id., at 1152. Of course, temporary visitors and their children owed allegiance to their home country. See Part I–B–2–c, supra. Unsurprisingly, then, the public interpreted the Act to guarantee citizenship to “all persons born in the United States,” except…

slip opinion, revised 7/01/26
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