Legal Definitions - United States v. Wong Kim Ark

United States v. Wong Kim Ark is a landmark 1898 Supreme Court case that definitively established the principle of birthright citizenship in the United States. The Court interpreted the Citizenship Clause of the Fourteenth Amendment to the U.S. Constitution, which states that "All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside."

The ruling affirmed that nearly all individuals born on U.S. soil are automatically U.S. citizens at birth, regardless of their parents' nationality or immigration status. The crucial phrase "subject to the jurisdiction thereof" was interpreted to mean that the individual must be subject to the laws and authority of the United States. This generally includes anyone born within U.S. territory, even if their parents are not citizens, as long as the parents are not acting in an official diplomatic capacity for a foreign government or are part of an invading force.

Therefore, children born in the U.S. to foreign nationals who are permanent residents, temporary visitors, or even undocumented immigrants are considered U.S. citizens from birth. The only significant exceptions are children born to foreign diplomats or sovereign representatives, who are generally considered to remain under the jurisdiction of their home country.

Here are some examples illustrating the application of this legal principle:

• Example 1: Children of long-term residents
  

  Maria and Carlos are engineers from Brazil who moved to the United States on H-1B work visas. They have lived and worked in California for five years, paying taxes and abiding by all U.S. laws. Their daughter, Sofia, is born in a hospital in Los Angeles.

  Under the Wong Kim Ark precedent, Sofia is a U.S. citizen at birth. Even though her parents are Brazilian citizens and not permanent residents, they are living and working in the U.S. and are "subject to the jurisdiction" of the United States. Their temporary visa status does not prevent Sofia from acquiring birthright citizenship.

• Example 2: Children of temporary visitors
  

  Kenji and Akiko, tourists from Japan, are visiting New York City. Akiko unexpectedly goes into labor during their trip, and their son, Hiroshi, is born in a New York hospital.

  Hiroshi is a U.S. citizen at birth. Despite his parents being temporary visitors with no intention of residing permanently in the U.S., Hiroshi was born on U.S. soil and his parents, as tourists, were subject to U.S. laws during their stay. This situation falls squarely within the Wong Kim Ark ruling, granting Hiroshi birthright citizenship.

• Example 3: The diplomatic exception
  

  Ambassador Anya Petrova is a high-ranking diplomat from the fictional country of Eldoria, stationed at her country's embassy in Washington D.C. While serving her diplomatic term, she gives birth to her son, Dmitri, in a local hospital.

  Dmitri is not a U.S. citizen at birth. This is because Ambassador Petrova, as a recognized foreign diplomat, is generally considered to be under the jurisdiction of her home country, Eldoria, not the United States, even while physically present on U.S. soil. The Wong Kim Ark ruling specifically carves out this exception for children of foreign diplomats, as their parents are not "subject to the jurisdiction" of the U.S. in the same way as ordinary residents or visitors.