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United States v. Wong Kim Ark

Supreme Court of the United States · 1898 · Civil Procedure

CitizenshipFourteenth AmendmentBirthright citizenshipChinese Exclusion ActsFourteenth Amendmentcitizenshipbirthright citizenshipjus soli

Facts

Wong Kim Ark was born in 1873 in San Francisco, California. His parents were persons of Chinese descent and subjects of the Emperor of China, but at the time of his birth they were domiciled residents of the United States, carrying on business in San Francisco, and were never employed in any diplomatic or official capacity under China. Wong Kim Ark had always resided in California except for two temporary visits to China, one in 1890 and one in 1894, each undertaken with the intention of returning to the United States. When he returned in 1895, he was denied entry solely because the customs collector claimed he was not a citizen.

Issue

Whether a child born in the United States to parents of Chinese descent who were subjects of the Emperor of China, but who were permanently domiciled and resident in the United States and not serving in any diplomatic or official capacity, becomes a citizen of the United States at birth under the first clause of the Fourteenth Amendment.

Rule

The Fourteenth Amendment affirms the fundamental rule of citizenship by birth within the territory of the United States, in its allegiance and under its protection, including children born here to resident aliens. The recognized exceptions are children of foreign sovereigns or their diplomatic representatives, children born on foreign public ships, children of enemies born during and within a hostile occupation of U.S. territory, and children of members of Indian tribes owing direct allegiance to their tribes.

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Lina Torres was born in Phoenix, Arizona, while her parents were citizens of Peru who had lived there for four years, leased an apartment, and operated a small grocery. They remained subjects of Peru and never became U.S. citizens, but neither held any diplomatic or official post for Peru.

Is Lina a citizen of the United States at birth?

Explanation. The majority held that the Fourteenth Amendment affirms the common-law rule of jus soli: a child born in the United States is a citizen at birth if born within U.S. territory and subject to its jurisdiction. Resident aliens domiciled here are under U.S. protection and owe direct and immediate, though local and temporary, allegiance to the United States. Because Lina's parents were resident aliens, not diplomats or officials, no recognized exception applies.