Trump v. Barbara · ¶273

On this understanding of Wong Kim Ark, temporary visitors’ children were still excluded from citizenship. “In the United States,” William Edward Hall wrote six years after Wong Kim Ark, “it would seem that the children of foreigners in transient residence are not citizens.” International Law 227 (5th ed. 1904). A 1901 international-law treatise explained that “children born in the United States to foreigners here on transient residence are not citizens, because by the law of nations they were not at the time of their birth ‘subject to the jurisdiction’” of the United States. H. Taylor, International Public Law 220. When a “father has domiciled himself in the Union,” John Westlake wrote in 1904, his children “are citizens.” International Law 219– 220. But, when he is “in the Union for a transient purpose,” his children “born within it have his nationality.” Ibid.

slip opinion, revised 7/01/26
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