Trump v. Barbara · ¶231

With respect to temporary visitors from foreign nations, the phrase was believed to accomplish the same object as the Civil Rights Act’s exclusion of those “subject to” a foreign power. Children born to temporary visitors owed allegiance to another government—the country of their domicile—so they were not subject to the jurisdiction of the United States. “[T]he Citizenship Clause simply states in positive terms (‘subject to the jurisdiction thereof ’) what the Act stated in negative terms (‘not subject to any foreign power’).” Brief for Sen. Eric Schmitt et al. as Amici Curiae 18.

slip opinion, revised 7/01/26
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