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:

  1. 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.]
  2. Restricted ancestry-based citizenship (jus sanguinis): Extending citizenship to children born abroad to U.S. citizens, provided statutory requirements are met.

Globally, birthright citizenship is common in the Americas but less so in other regions. The historical foundation of this principle in the U.S. reflects its aim to eliminate legal inequalities and promote inclusivity

Recent Features

All Birthright Citizenship Content

Publication Date: 
October 16, 2024
This fact sheet explains birthright citizenship, the Fourteenth Amendment, and its interpretations. Who is eligible for birthright citizenship? Can birthright citizenship be taken away?
Publication Date: 
December 14, 2015

Americans pride themselves on belonging to a nation of immigrants. In fact, many Americans celebrate not only the traditions of the United States, but the traditions of the countries from which...

Publication Date: 
November 4, 2011
There is no evidence that undocumented immigrants come to the U.S. just to give birth.
Publication Date: 
March 28, 2011
Attacks against the Citizenship Clause of the 14th Amendment have picked up in recent months, with legislators at both the national and state levels introducing bills that would deny U.S. citizenship...
Publication Date: 
January 4, 2011
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...
Publication Date: 
March 25, 2010
The 14th Amendment to the Constitution is enshrined in U.S. history as the cornerstone of American civil rights, ensuring due process and equal protection under the law to all persons.
This lawsuit challenges USCIS' unreasonable delay in processing naturalization applications that were filed in 2020 and has prevented applicants from becoming U.S. citizens.
April 29, 2015
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.
October 18, 2024
For over a century, the United States has applied the principle birthplace-based citizenship to grant American citizenship to anyone born on U.S. territory regardless of their parent’s immigration status.
August 18, 2020

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...

March 12, 2020

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 &...

December 18, 2019

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...

October 31, 2018

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...

August 24, 2016

The media has swooned over a few vague statements made of late by presidential candidate Donald Trump. He has spent the past few days hinting that he may “soften” his immigration policy with...

July 26, 2016

More than a year ago, Texas county officials began to require that foreign passports presented by parents seeking to obtain their child’s birth certificate include a valid U.S. visa. The state...

December 14, 2015

As we move through the 2016 presidential election cycle, the issue of immigration will continue to be a central topic of the debate. The United States is at a tipping point after more than two...

October 20, 2015

In May, a group of undocumented parents, represented by South Texas Civil Rights Project and Texas Rio Grande Legal Aid, filed a lawsuit against the State of Texas for denying their children, born...

August 25, 2015

While some politicians on the campaign trail dial-up the anti-immigrant rhetoric and rehash old debates around birthright citizenship and mass deportation, the majority of America is unmoved....

May 25, 2022
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.
October 30, 2018
President Donald Trump said yesterday in an interview that he plans to sign an executive order to eliminate birthright citizenship, a principle enshrined in the U.S. Constitution that grants citizenship to any person born within the territory of the United States.
August 11, 2010

Washington D.C. - Over the last several weeks, a handful of elected officials have re-ignited a call for the repeal of birthright citizenship.

March 30, 2010

Washington D.C. - This Sunday, the editorial pages of the Washington Post included a

October 18, 2024
For over a century, the United States has applied the principle birthplace-based citizenship to grant American citizenship to anyone born on U.S. territory regardless of their parent’s immigration status.
Publication Date: 
October 16, 2024
This fact sheet explains birthright citizenship, the Fourteenth Amendment, and its interpretations. Who is eligible for birthright citizenship? Can birthright citizenship be taken away?
May 25, 2022
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.
This lawsuit challenges USCIS' unreasonable delay in processing naturalization applications that were filed in 2020 and has prevented applicants from becoming U.S. citizens.
August 18, 2020

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...

March 12, 2020

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 &...

December 18, 2019

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...

October 31, 2018

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...

October 30, 2018
President Donald Trump said yesterday in an interview that he plans to sign an executive order to eliminate birthright citizenship, a principle enshrined in the U.S. Constitution that grants citizenship to any person born within the territory of the United States.
August 24, 2016

The media has swooned over a few vague statements made of late by presidential candidate Donald Trump. He has spent the past few days hinting that he may “soften” his immigration policy with...

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