Trump v. Barbara · ¶262

Unlike other settlers, then, the Chinese—even those who lived here and wished to remain—had no path to citizenship and no means of freeing themselves from the grasp of China. The Executive Branch took the view that because domicile no longer ensured full integration into the American body politic, the Citizenship Clause’s phrase “subject to the jurisdiction” must require more than domicile. That view would entail that a child born to Chinese parents domiciled in this country was not a citizen. Instead, the Executive Branch sought to replace the requirement of domicile, which would make any child of domiciled Chinese immigrants a citizen, with the requirement that a person’s parents already be citizens. See Brief for United States in United States v. Wong Kim Ark, O. T. 1895, No. 904, pp. 23– 34; see also, e.g., In re Look Tin Sing, 21 F. 905, 906 (Cal. 1884). Acting on this view, the…

slip opinion, revised 7/01/26
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