United States v. Wong Kim Ark (1850)
- Docket
- 132
- Decided
- 1850-1900-
Summary
Question: Is a child who was born in the United States to Chinese-citizen parents who are lawful permanent residents of the United States a U.S. citizen under the Citizenship Clause of the Fourteenth Amendment? Conclusion: Because Wong was born in the United States and his parents were not “employed in any diplomatic or official capacity under the Emperor of China,” the Citizenship Clause of the Fourteenth Amendment automatically makes him a U.S. citizen. Justice Horace Gray authored the opinion on behalf of a 6-2 majority, in which the Court established the parameters of the concept known as jus soli—the citizenship of children born in the United States to non-citizens. Justice Joseph McKenna took no part in the consideration or decision of the case.