Trump v. Barbara · ¶274

This understanding was widespread after Wong Kim Ark: “A person born in this country of alien parents” was a “citizen” only if those parents were “domiciled.” 1 Bouvier’s Law Dictionary 492 (1914). A child born in the United States is a “citizen” when “domiciled,” but not when his parents left after being “temporarily resident.” 1 F. Wharton, Conflict of Laws 44–45 (1905). A child born on American soil to “a stranger or traveler passing through the country” was not a citizen, but a child “born within the United States, of permanently resident aliens” was a citizen. Black, Handbook of American Constitutional Law, at 634 (3d ed. 1910). The rule remained, in other words, that “children . . . of foreigners in transient residence” were “excluded from citizenship, even though born in the United States.” 1 H. Bellott, Leading Cases on International Law 183 (4th ed. 1922).

slip opinion, revised 7/01/26
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