Trump v. Barbara · ¶389

In the years following Wong Kim Ark, the Citizenship Clause was generally understood as limited to children born of “alien parents, not temporarily resident here, but permanently domiciled.” Brannon 29. Nothing in Wong Kim Ark changed the consensus 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. Taylor, International Public Law, at 220; accord, e.g., Hall, International Law, at 227 (1904) (“[I]t would seem that the children of foreigners in transient residence are not citizens”); 1 Wharton, Conflict of Laws 42–45 (1905) (“citizens” must be “domiciled”); Guthrie, Lectures, at 57 (“permanently domiciled and residing here”); Westlake, International Law, at 220 (when a father is “in the Union for a transient…

slip opinion, revised 7/01/26
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