Friday, April 24, 2026

Congress Has Established That People Here Illegally Are Not Residents

 The consequences of the 1898 Supreme Court decision in Wong Kim Ark regarding birthright citizenship and its interpretation of residency laws. The article argues that Congress has clarified legal definitions around residency and immigration since that ruling.

• The Wong Kim Ark decision determined some aspects of birthright citizenship but relied on English common law definitions instead of considering the intentions of the Constitution's authors.

• The ruling has allegedly led to an influx of immigrants who may not have legitimate ties to the United States, including "anchor babies" and "birthright tourists" who intentionally give birth on U. S. soil to gain citizenship for their children.

• It is claimed that Congress has the authority to define who qualifies as a permanent resident, not the Supreme Court. According to the article, any alien present in the U. S. without a permanent resident card is not a resident and therefore cannot confer citizenship to a child born in the U. S.

• Recent congressional laws have established who is considered a visitor or invader in terms of immigration. Many who entered without permission are classified as invaders.

• Legal definitions of immigration categories include permanent residents, immigrants, and visitors, as well as conditions for asylum seekers. Congress has laid out strict definitions which, it is suggested, determine who qualifies for various statuses.

• The article notes that individuals who entered the U. S. without proper authorization, or who violated visa conditions, are subject to deportation.

• Refugee status is outlined by specific criteria, such as having been firmly resettled in another country, which disqualifies many from being considered refugees.

The author argues that the definitions set by Congress regarding residency, entrance, and citizenship should be upheld and applied, suggesting that those without proper documentation or status should be classified as non-residents. The piece emphasizes the need for clearer legal standards and enforcement around immigration to address issues stemming from the Wong Kim Ark decision.

https://www.americanthinker.com/articles/2026/04/congress_has_established_that_people_here_illegally_are_not_residents.html

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