The Obama Administration Quietly Scrubbed The Foreign Affairs Manual in August 2009 To Expand The Holding of Wong Kim Ark.
It is getting worse by the minute.
Leo Donofrio published
By now, readers of this blog should be more than familiar with the tainted holding of the US Supreme Court in Wong Kim Ark. In that case, the Supreme Court held:
“The evident intention, and the necessary effect, of the submission of this case to the decision of the court upon the facts agreed by the parties were to present for determination the single question stated at the beginning of this opinion, namely, whether a child born in the United States, of parent of Chinese descent, who, at the time of his birth, are subjects of the Emperor of China, but have a permanent domicil 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.”
This holding has been the subject of enormous dispute in the United States. The “holding”, which is controlling US law, contradicts much of the “dicta“, which is not considered legal precedent. While the dicta makes it appear as if Justice Gray believed all persons born on US soil (except children of foreign dignitaries or enemies of the US) were US citizens under the 14th Amendment, the actual holding of the court is limited to “the single question” of whether the children of aliens who have a “permanent domicil and residence in the United States” are 14th Amendment citizens.