Trump v. Barbara · ¶244

Even the most expansive executive interpretation of the Citizenship Clause ultimately denied citizenship to a child born here but domiciled abroad. When Francois Heinrich, born of parents who ultimately returned to their native Austria, claimed to be an American citizen, President Grant’s Executive Branch did say that he was “‘originally clothed with American nationality.’” Ante, at 13 (majority opinion). But, it then promptly denied Heinrich’s claim to American citizenship. Heinrich was instead—despite being born in the United States—a citizen of Austria, where he was domiciled: “Francois A. Heinrich should be held by the United States to be an Austrian subject, and treated as such; . . . he is not an American citizen.” Letter from Sec. of State H. Fish to Baron Lederer (Dec. 24, 1872), in 2 Wharton Digest 395–396.

slip opinion, revised 7/01/26
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