Perkins v. Elg
Encyclopedia
Perkins v. Elg, 307 U.S. 325
(1939), was a decision by the Supreme Court of the United States
that a child born in the United States to naturalized parents on U.S. soil is a natural born citizen and that the child's natural born citizenship is not lost if the child is taken to and raised in the country of the parents' origin, provided that upon attaining the age of majority
, the child elects to retain U.S. citizenship "and to return to the United States to assume its duties."
in 1907 to two Swedish
parents who had arrived in the United States some time prior to 1906; her father was naturalized in 1906. In 1911, her mother took the four-year-old to Sweden; her father went to Sweden in 1922, and in 1934 made a statement before an American consul
in Sweden that he had "voluntarily expatriated himself for the reason that he did not desire to retain the status of an American citizen and wished to preserve his allegiance to Sweden."
In 1929, within eight months of attaining the age of majority
, Marie Elg obtained an American passport through the American consul in Sweden, and returned to the United States. In 1935 she was notified by the U.S. Department of Labor that she was an illegal alien
and was threatened with deportation
.
Elg sued to establish that she was a citizen of the United States and not subject to deportation. Frances Perkins
was listed as the nominal plaintiff
in the case, being the Secretary of Labor
during the administration of Franklin D. Roosevelt
, when the case was appealed to the Supreme Court.
wrote for the Court:
The Court's first holding, that Elg was a citizen upon birth within the United States, was a reaffirmation of United States v. Wong Kim Ark
(1898).
The case was argued for the United States by Robert H. Jackson
, who later became a Supreme Court justice. This was the only Supreme Court case that Jackson lost in his two years as Solicitor General
.
The case was called in 1960 a "landmark decision on expatriation".
Case citation
Case citation is the system used in many countries to identify the decisions in past court cases, either in special series of books called reporters or law reports, or in a 'neutral' form which will identify a decision wherever it was reported...
(1939), was a decision by the Supreme Court of the United States
Supreme Court of the United States
The Supreme Court of the United States is the highest court in the United States. It has ultimate appellate jurisdiction over all state and federal courts, and original jurisdiction over a small range of cases...
that a child born in the United States to naturalized parents on U.S. soil is a natural born citizen and that the child's natural born citizenship is not lost if the child is taken to and raised in the country of the parents' origin, provided that upon attaining the age of majority
Age of majority
The age of majority is the threshold of adulthood as it is conceptualized in law. It is the chronological moment when minors cease to legally be considered children and assume control over their persons, actions, and decisions, thereby terminating the legal control and legal responsibilities of...
, the child elects to retain U.S. citizenship "and to return to the United States to assume its duties."
Background
Marie Elizabeth Elg was born in the Brooklyn section of New York CityNew York City
New York is the most populous city in the United States and the center of the New York Metropolitan Area, one of the most populous metropolitan areas in the world. New York exerts a significant impact upon global commerce, finance, media, art, fashion, research, technology, education, and...
in 1907 to two Swedish
Sweden
Sweden , officially the Kingdom of Sweden , is a Nordic country on the Scandinavian Peninsula in Northern Europe. Sweden borders with Norway and Finland and is connected to Denmark by a bridge-tunnel across the Öresund....
parents who had arrived in the United States some time prior to 1906; her father was naturalized in 1906. In 1911, her mother took the four-year-old to Sweden; her father went to Sweden in 1922, and in 1934 made a statement before an American consul
Consul (representative)
The political title Consul is used for the official representatives of the government of one state in the territory of another, normally acting to assist and protect the citizens of the consul's own country, and to facilitate trade and friendship between the peoples of the two countries...
in Sweden that he had "voluntarily expatriated himself for the reason that he did not desire to retain the status of an American citizen and wished to preserve his allegiance to Sweden."
In 1929, within eight months of attaining the age of majority
Age of majority
The age of majority is the threshold of adulthood as it is conceptualized in law. It is the chronological moment when minors cease to legally be considered children and assume control over their persons, actions, and decisions, thereby terminating the legal control and legal responsibilities of...
, Marie Elg obtained an American passport through the American consul in Sweden, and returned to the United States. In 1935 she was notified by the U.S. Department of Labor that she was an illegal alien
Alien (law)
In law, an alien is a person in a country who is not a citizen of that country.-Categorization:Types of "alien" persons are:*An alien who is legally permitted to remain in a country which is foreign to him or her. On specified terms, this kind of alien may be called a legal alien of that country...
and was threatened with deportation
Deportation
Deportation means the expulsion of a person or group of people from a place or country. Today it often refers to the expulsion of foreign nationals whereas the expulsion of nationals is called banishment, exile, or penal transportation...
.
Elg sued to establish that she was a citizen of the United States and not subject to deportation. Frances Perkins
Frances Perkins
Frances Perkins , born Fannie Coralie Perkins, was the U.S. Secretary of Labor from 1933 to 1945, and the first woman appointed to the U.S. Cabinet. As a loyal supporter of her friend, Franklin D. Roosevelt, she helped pull the labor movement into the New Deal coalition...
was listed as the nominal plaintiff
Plaintiff
A plaintiff , also known as a claimant or complainant, is the term used in some jurisdictions for the party who initiates a lawsuit before a court...
in the case, being the Secretary of Labor
United States Secretary of Labor
The United States Secretary of Labor is the head of the Department of Labor who exercises control over the department and enforces and suggests laws involving unions, the workplace, and all other issues involving any form of business-person controversies....
during the administration of Franklin D. Roosevelt
Franklin D. Roosevelt
Franklin Delano Roosevelt , also known by his initials, FDR, was the 32nd President of the United States and a central figure in world events during the mid-20th century, leading the United States during a time of worldwide economic crisis and world war...
, when the case was appealed to the Supreme Court.
Decision
Chief Justice HughesCharles Evans Hughes
Charles Evans Hughes, Sr. was an American statesman, lawyer and Republican politician from New York. He served as the 36th Governor of New York , Associate Justice of the Supreme Court of the United States , United States Secretary of State , a judge on the Court of International Justice , and...
wrote for the Court:
- Elg became a citizen of the United States upon her birth in New YorkBirthright citizenship in the United States of AmericaBirthright citizenship in the United States refers to a person's acquisition of United States citizenship by virtue of the circumstances of his or her birth. It contrasts with citizenship acquired in other ways, for example by naturalization later in life. Birthright citizenship may be conferred by...
; the Civil Rights Act of 1866Civil Rights Act of 1866The Civil Rights Act of 1866, , enacted April 9, 1866, is a federal law in the United States that was mainly intended to protect the civil rights of African-Americans, in the wake of the American Civil War...
had specifically addressed the issue of a child born in the United States to alien parents; - When a citizen of the United States who is a minor has parents who renounce their American citizenship, the minor does not lose his American citizenship as a result, "provided that, on attaining majorityAge of majorityThe age of majority is the threshold of adulthood as it is conceptualized in law. It is the chronological moment when minors cease to legally be considered children and assume control over their persons, actions, and decisions, thereby terminating the legal control and legal responsibilities of...
he elects to retain that citizenship and to return to the United States to assume its duties"; - Some provisions of the Naturalization Convention and Protocol of 1869Bancroft TreatiesThe Bancroft treaties, also called the Bancroft conventions, were a series of agreements made in the late 19th and early 20th centuries between the United States and other countries that 1) recognized the right of each party's nationals to become naturalized citizens of the other; and 2) defined...
between the U.S. and Sweden, which provided for the loss of U.S. citizenship by any United States citizen who chose to "expatriate" — to become a naturalized citizen of another country, live there, and lose their United States citizenship — did not apply to minors, as the minor's move out of the United States was not to be considered a voluntary act; - The acquisition of "derivative Swedish citizenship" by a minor likewise does not force the minor to lose his American citizenship.
The Court's first holding, that Elg was a citizen upon birth within the United States, was a reaffirmation of United States v. Wong Kim Ark
United States v. Wong Kim Ark
United States v. Wong Kim Ark, , was a United States Supreme Court decision that set an important legal precedent about the role of jus soli as a factor in determining a person's claim to United States citizenship...
(1898).
The case was argued for the United States by Robert H. Jackson
Robert H. Jackson
Robert Houghwout Jackson was United States Attorney General and an Associate Justice of the United States Supreme Court . He was also the chief United States prosecutor at the Nuremberg Trials...
, who later became a Supreme Court justice. This was the only Supreme Court case that Jackson lost in his two years as Solicitor General
United States Solicitor General
The United States Solicitor General is the person appointed to represent the federal government of the United States before the Supreme Court of the United States. The current Solicitor General, Donald B. Verrilli, Jr. was confirmed by the United States Senate on June 6, 2011 and sworn in on June...
.
The case was called in 1960 a "landmark decision on expatriation".