Trump v. Barbara · ¶323

First, a person is not subject to the jurisdiction of the United States when the Government “impliedly waive[s]” its regulatory power over him. Ante, at 11; see also ante, at 15. The Court understands this category to exempt all children of “representatives of foreign sovereigns,” endeavoring to capture a longstanding principle that such children were not entitled to citizenship. Ante, at 15. Although the Court gestures toward diplomatic immunity as a basis for this exception, diplomatic immunity extends to “only a narrow set” of “diplomatic official[s],” not to all foreign representatives. Brief for Sen. Ted Cruz et al. as Amici Curiae 28–29. Most foreign officials receive a partial immunity, such as immunity for their official acts. See Dept. of State, Diplomatic and Consular Immunity (July 2019), www.state.gov/wp-content/uploads/2019/07/2018-DipConImm＿v5＿Web.pdf (archived at…

slip opinion, revised 7/01/26
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