Congress Has Established That People Here Illegally Are Not Residents
The 1898 decision in Wong Kim Ark made “residency” and being “domiciled” the operative terms, and Congress has since made clear what they mean.
Button Gwinnett | April 24, 2026
You can read
here about how the Supreme Court, in the seminal 1898 Wong Kim Ark decision, ruled on some aspects of birthright citizenship. The Court ignored the ratifiers’ intent for both the original Constitution and the 14th Amendment and instead focused on English common-law terms. By doing so, they opened a portal through which alien invaders would one day pour into the United States without the consent of its people and in defiance of the laws of Congress.
There is hope this portal may be closed and the invasion stemmed without further Amendment to the Constitution. One key is to eliminate “anchor babies,” putative birthright citizens who in nearly all cases have no connection whatever to the Republic or its people. In the extreme, these include “birthright tourists,” pregnant women who intentionally enter the US at the end of their pregnancy, deliver a child on US soil, then return home to raise that “US citizen” child as the foreigner it is.
This key lies in the several laws Congress enacted between 1898 and today. The underpinnings of the Court’s decision in Wong saw it arrogate to itself the authority to decide the meaning of “domiciled,” “under the jurisdiction therefore,” residence,” and visitor” meant with respect to immigration.
We can recall that Article I, Section 8, confers plenary power on Congress to establish a uniform rule of naturalization. It also implicitly defines the aboriginal citizenry (“We the People of the United States”) as the citizens of the several states when the Constitution was ratified. The Wong Kim Ark court found that Congress had not used this power sufficiently to resolve Wong’s citizenship. However, since that time, Congress has acted.
SCOTUS determined that Wong’s parents were “domiciled” in California. However, the Constitution never mentions that word. Instead, it mentions variations of “reside,” as in, “the state in which they reside,” or “a resident of these states at the adoption.”
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https://www.americanthinker.com/articles/2026/04/congress_has_established_that_people_here_illegally_are_not_residents.html