Trump v. Barbara · ¶551

I write only to emphasize a few points. First, the understanding JUSTICE THOMAS and I share of the Citizenship Clause is consistent with this Court’s holding in United States v. Wong Kim Ark, 169 U. S. 649 (1898). That case involved parents born in China who had made their home in this country lawfully, even though they never became naturalized citizens and statutes then in effect made that impossible. See id., at 652, 701. The question the Court faced was whether the parents’ child, born in this country, was himself a citizen. The government argued that the child was not a citizen because his parents were not. Id., at 666. This Court—rightly—rejected the government’s position. Throughout history, many other nations have restricted citizenship by birth to the children of citizens. See ante, at 13, n. 1 (THOMAS, J., dissenting). But the American settler’s view of citizenship reflected in…

slip opinion, revised 7/01/26
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