United States v. Wong Kim Ark

In United States v. Wong Kim Ark, 169 U.S. 649 (1898), a 6-3 divided U.S. Supreme Court granted birthright citizenship to a Chinese man because he had been born in the U.S. to lawful permanent residents of the U.S.:

“

whether a child born in the United States, of parents of Chinese descent, who, at the time of his birth, are subjects of the Emperor of China, but have a permanent domicile and residence in the United States, and are there carrying on business, and are not employed in any diplomatic or official capacity under the Emperor of China, becomes at the time of his birth a citizen of the United States. For the reasons above stated, this court is of opinion that the question must be answered in the affirmative.

”

United States v. Wong Kim Ark, 169 U.S. 649, 705 (1898) (emphasis added).

The majority opinion sided with jus soli (law of the soil) over jus sanguinis (law of the blood).

Analysis

First, Wong Kim Ark was a 6-3 decision in 1898 with a strong dissent. It can be overruled or clarified today. Its majority uses language that would be considered offensive today, such as repeatedly referring to "white persons," and this may be why liberals don't rely heavily on it.

Second, Wong Kim Ark would apply only if the parents were lawfully here when the child was born. Thus, it would not apply to children of illegal aliens.

Third, Great Britain has rejected the perception of its view of birthright citizenship since Wong Kim Ark was decided, which undermines the heavy reliance on English law by the majority opinion.

Fourth, the majority opinion in Wong Kim Ark unpersuasively distinguishes American Indians, while acknowledging that they are not citizens despite having been born in the United States.