Trump v. Barbara · ¶363

Third, the domicile rule would make the Citizenship Clause accord with America’s treatment of its own domiciliaries abroad. America itself has long taken the position that children of American citizens born on temporary visits abroad are American citizens. See, e.g., 8 U. S. C. §§1401(c), (g); Act of Feb. 10, 1855, 10 Stat. 604; Act of Apr. 14, 1802, 1 Stat. 155; Ludlam, 31 Barb., at 503–504; Cooley, Principles of Constitutional Law 243, n. 1. Such children were long considered American citizens because their parents were domiciled in America. See, e.g., United States v. Gordon, 25 F. Cas. 1364, 1368 (No. 15,231) (SDNY 1861). It is unclear why the same reasoning should not apply in the other direction.

slip opinion, revised 7/01/26
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