Birthright Citizenship
What is Birthright Citizenship?
Birthright citizenship is a legal principle under which citizenship is automatically granted to individuals upon birth. There are two forms of birthright citizenship: ancestry-based citizenship and birthplace-based citizenship. Birthplace-based citizenship, which grants citizenship based on place of birth, is formally referred to as jus soli, a Latin term meaning "right of the soil." In the United States, birthright citizenship is guaranteed by the Fourteenth Amendment to the Constitution. Specifically, it states that "all persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the state wherein they reside." This principle was confirmed by the 1898 Supreme Court case United States v. Wong Kim Ark, which clarified that children born in the U.S. to immigrant parents are citizens, regardless of their parents' immigration status. The U.S. employs a combination of:- Unrestricted birthplace-based citizenship (jus soli): Granting citizenship to anyone born on U.S. soil, regardless of their parents' status, with exceptions like children of foreign diplomats.]
- Restricted ancestry-based citizenship (jus sanguinis): Extending citizenship to children born abroad to U.S. citizens, provided statutory requirements are met.
Birthright Citizenship in the United States
- Birthright Citizenship
- March 14, 2025
This fact sheet explains birthright citizenship, the Fourteenth Amendment, and its interpretations. Who is eligible for birthright citizenship? Can birthright citizenship be…
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Birthright Citizenship: What It Is and Why We Need to Preserve It
- Birthright Citizenship
- August 21, 2015
There has been a media frenzy over one of the more draconian components of…
Read MoreBirthright Citizenship: Myths, Facts and Why It Matters
- Demographics
- September 16, 2009
The issue of birthright citizenship, although not traditionally a sexy topic, is not without…
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Breaking Down Trump’s Attempt to End Birthright Citizenship
By Laila Khan and Raul Pinto On his first day in office, President Donald Trump issued an executive order aimed at ending birthright citizenship for babies of undocumented immigrants and for people with temporary status in the U.S. Executive Order 14156: Protecting the Meaning and Value of American Citizenship… Read More
The Origins of Birthright Citizenship in the United States, Explained
For over a century, the United States has applied the principle of jus soli, or birthplace-based citizenship, to grant American citizenship to anyone born on U.S. territory regardless of their parent’s immigration status. But over the past few decades, anti-immigrant politicians have advocated for the restriction of birthplace-based citizenship to… Read More
Birthright Citizenship in the United States
This fact sheet explains birthright citizenship, the Fourteenth Amendment, and its interpretations. Who is eligible for birthright citizenship? Can birthright citizenship be taken away? Read More
U.S. Residents Sue USCIS and NARA for Delays in U.S. Citizenship Applications
Thirteen people waiting to become U.S. citizens filed a lawsuit challenging U.S. Citizenship and Immigration Services’ unreasonable delays and failure to process U.S. naturalization applications filed in 2020. Read More
Challenging USCIS To End Naturalization Application Delays
This lawsuit challenges USCIS' unreasonable delay in processing naturalization applications that were filed in 2020 and has prevented applicants from becoming U.S. citizens. Read More
The Lie About Kamala Harris and Birthright Citizenship
People born in the United States are American citizens, regardless of what President Trump claims. Birthright citizenship—enshrined by the Fourteenth Amendment in the U.S. Constitution—guarantees it. Trump recently suggested to the contrary after a Newsweek column erroneously argued that vice presidential candidate… Read More
Congress Passes Bill Ensuring US Citizenship for Children of Military Members
A bill that would ensure automatic U.S. citizenship for the children of U.S. military service members will soon hit the president’s desk. The Citizenship for Children of Military Members & Civil Servants Act passed the House and Senate with bipartisan support last Thursday. Until recently, children born abroad to… Read More
Federal Court Orders Government to Recognize American Samoans as US Citizens
In a landmark decision last week, a federal court in Utah ordered the U.S. government to extend birthright citizenship to people born in the U.S. territory of American Samoa. In a lengthy decision, Judge Clark Waddoups declared that his decision was “required by the mandate of the Fourteenth Amendment as… Read More
Statement for the House Judiciary Committee on “Birthright Citizenship: Is it the Right Policy for America?”
The statement details our research and policy analysis on why attempts to restrict "birthright citizenship" would be unconstitutional, unnecessary, impractical, counterproductive, and contrary to American values. Read More
Ending Birthright Citizenship Could Put All Americans’ Nationality in Jeopardy
On Monday night, President Trump told reporters that he intended to end birthright citizenship and claimed that he could do so with an executive order. Birthright citizenship comes from the Fourteenth Amendment to the Constitution, which states that “Any person born or… Read More
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