Trump v. Barbara · ¶253

Likewise, state judicial precedent held that the Citizenship Clause included children born of foreign parents only “when the parents are domiciled here.” Benny v. O’Brien, 58 N. J. L. 36, 40 (1895). To qualify for citizenship, “[t]wo facts must concur[:] the person must be born here, and he must be subject to the jurisdiction of the United States according to the fourteenth amendment, which means, according to the Civil Rights act, that the person born here is not subject to any foreign power.” Id., at 39. The Citizenship Clause thus “excepted” those “born in this country of foreign parents who are temporarily traveling here.” Ibid.

slip opinion, revised 7/01/26
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