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 13, 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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The Emperor (and the Anti-Fourteenth Amendment Crowd) Have No Clothes
What a difference a few weeks can make. Just last month, the papers were filled with stories about the amazing feats of DREAM Act students, whose commitment and love for this country is boundless, even as they risk deportation in order to tell their stories. This week, the papers are filled with stories of vicious state legislators who want to turn back the clock on civil rights by stopping “an invasion of illegal aliens” through an end to birthright citizenship. Where the DREAM Act movement is about hope and opportunity, this ugly new attempt to change the Fourteenth Amendment is about hate and deprivation. Read More
Legislators Intend to Burden States with Costly Immigration Litigation
State Legislators for Legal Immigration member, State Rep. Daryl Metcalfe (R-PA) Yesterday, a group of state legislators gathered in a small room in Washington, D.C. to present their plan for reinterpreting the 14th Amendment—the amendment which states that all persons born in the U.S., and subject to jurisdiction thereof, are citizens of U.S. and the states in which they reside. Although the legislators proclaimed a desire to “protect the states” and to “love" the 14th Amendment, which was adopted after the Civil War to guarantee citizenship to the American-born children of freed slaves, you wouldn’t know it listening by to their blatant disregard for the American taxpayer—upon whom they plan on sticking costly litigation fees. Chairman of the House Immigration Subcommittee, Congressman Steve King (R-IA), also introduced a bill in the new Congress to end constitution citizenship. Read More
State Legislators Attempt to Turn Back Clock to Antebellum South
At a press conference this morning at the National Press Club, a coalition of state legislators and immigration restrictionists known as the State Legislators for Legal Immigration (SLLI) presented their proposal to turn back the clocks to the pre-Civil War era to create a new definition of “state citizenship,” create a new second-class citizenship, and fundamentally alter the principles of the U.S. Constitution. With connections to restrictionist group FAIR and the notorious John Tanton Network, SLLI members Rep. John Kavanaugh of Arizona, Rep. Daryl Metcalfe of Pennsylvania, Kansas Secretary of State-elect Kris Kobach and others were on hand to monger more fear on “the illegal alien invasion” and, in the words of South Carolina’s state Senator Danny Verdin, cure the “malady” and “poison” of undocumented immigration. Read More
Papers Please: Eliminating Birthright Citizenship Would Affect Everyone
Attacks on birthright citizenship at the federal and state level are bound to take many forms—from outright repeal of the Fourteenth Amendment to refusal by states to issue birth certificates to children of undocumented immigrants. Whatever the tactic, attacks on birthright citizenship hurt everyone. Read More
More Election Time Anti-Immigrant Antics
There are several things the public can count on each election season—a deluge of non-stop political advertising, daily tracking polls, and now to an increasing degree, false claims about immigrants by politicians looking for a cheap way to score political points. Read More
Reframing the Birthright Citizenship Debate with Facts
In the latest flame war on immigration, some politicians are targeting the U.S.-born children of undocumented immigrants. They blithely state time and time again that undocumented immigrants are flooding the border to have their children in the U.S., thereby guaranteeing them citizenship. Their solution to this supposed “baby dropping epidemic” is amending the U.S. Constitution by repealing the Fourteenth Amendment, which states that, with very few exceptions, all persons born in the U.S. are U.S. citizens, regardless of the immigration status of their parents. Sadly, however, their arguments are thin, the facts misrepresented and their attempts at reelection using get-tough on immigration platforms even thinner. When facts don’t matter and vilifying immigrants is par for the course, attacking U.S. citizen children probably seems like a winning reelection strategy. Read More
Pew Report Sheds Little Light on Birthright Citizenship
Washington D.C. – Over the last several weeks, a handful of elected officials have re-ignited a call for the repeal of birthright citizenship. Claiming that countless unauthorized and temporary immigrants are coming to the United States solely to give birth, some are suggesting changing the Fourteenth Amendment of the U.S. Read More
The Wrong Side of History: Immigration, the GOP and the Next Generation of Voters
As anti-immigrant fervor continues to swirl in the headlines, it’s not difficult for readers to discern who’s stirring the pot. Over the weekend, House Minority Leader John Boehner (R-OH) became the latest GOPer to publically support the effort to end birthright citizenship—an effort that seeks to repeal the 14th Amendment to the Constitution. Last month, immigration reformers-turned-hawks, Arizona Republican Senators McCain and Kyl as well as Senator Lindsey Graham (R-SC) and Senate Minority Leader Mitch McConnell (R-KY), also jumped on the birthright bandwagon. Couple this recent effort with Arizona’s “show me your papers” law saga and months of punditry and restrictionist rhetoric on enforcement and you have a hostile GOP narrative of exclusion and anti-immigration hysteria—which as some point out, is a political recipe for disaster come election time. Read More
Hysterical “Tea Party” Rhetoric on Immigration is Devoid of Facts
The ever-hysterical Tea Party is now hysterical about unauthorized immigrants. In a frenzied email blast to its members, the Tea Party Nation warns that the Obama administration wants to grant “amnesty” to the millions of unauthorized immigrants in the United States, whom the Tea Party alleges have inflicted various “horrors” upon Americans by stealing their jobs and committing unspeakable crimes. Not surprisingly, the Tea Party Nation gets its facts completely wrong. As a litany of evidence-based reports have demonstrated, most native-born workers are not in competition with immigrants for the same jobs, and immigrants are less likely than the native-born to commit serious crimes, regardless of their legal status. Read More
Senators Graham and Kyl Buy Tickets to the Birthright Citizenship Dog and Pony Show
Over the weekend, the second-ranking member of the Senate Republican leadership, Senator Jon Kyl (R-AZ) joined Senator Lindsey Graham (R-SC) in considering a repeal of birthright citizenship laws through a constitutional amendment. Birthright citizenship, guaranteed by the Fourteenth Amendment to the Constitution, is the cornerstone of American civil rights and affirms that, with very few exceptions, all persons born in the U.S. are U.S. citizens—regardless of their parents' citizenship. Although the Supreme Court has consistently upheld birthright citizenship, year after year restrictionist groups and legislators trot out the “repeal birthright citizenship” mantra in the hopes of adding a few more immigration extremists to their dog and pony show audience. Read More
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