Trump v. Barbara · ¶264

This Court’s decision in Wong Kim Ark concerned only persons already domiciled in the United States. As stated in the Government’s brief, the “question presented by this appeal” was: “Is a person born within the United States of alien parents domiciled therein a citizen thereof by the fact of his birth?” Brief for Appellant in Wong Kim Ark, O. T. 1895, No. 904, p. 2 (emphasis deleted). The Government agreed that Wong was born and domiciled in the United States. Id., at 23; see also Brief for United States in Wong Kim Ark, O. T. 1896, No. 449, pp. 2–3. In fact, the thrust of the Government’s opening brief was that birth and domicile were insufficient. The Government lamented “the mistakes made and the misunderstanding arising from failing to distinguish between nationality and domicile.” Brief for Appellant in Wong Kim Ark, O. T. 1895, No. 904, at 13; see also Reply Brief in Wong Kim…

slip opinion, revised 7/01/26
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