Isabella Carter
The topic of citizenship for children of US citizens is a complex and highly debated issue, with a long history in the United States. The 14th Amendment to the US Constitution, enacted in 1868, guarantees birthright citizenship to all children born within the jurisdiction of the United States. This has been interpreted by legal scholars and the Supreme Court to include children born to US citizens, regardless of their parents' citizenship status. However, there have been recent challenges to this interpretation, particularly regarding children born to undocumented immigrants or temporary residents. Understanding the legal and historical context of this issue is crucial to navigating the ongoing discussions and potential policy changes surrounding birthright citizenship in the United States.
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What You'll Learn
- The 14th Amendment guarantees citizenship to all children born in the US
- Children of undocumented immigrants are US citizens
- The Supreme Court's Dred Scott decision rejected citizenship for people of colour
- The Civil Rights Act of 1866 granted citizenship to former slaves
- Attempts to restrict birthright citizenship by President Trump
The 14th Amendment guarantees citizenship to all children born in the US
The 14th Amendment to the United States Constitution guarantees citizenship to all children born in the US. This is known as birthright citizenship, and it is a legal principle that grants citizenship to individuals automatically upon birth. The Citizenship Clause of the 14th Amendment 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 clause was added to the Amendment to clarify that all those born in the US are citizens, regardless of their parents' citizenship or immigration status.
The 14th Amendment was enacted following the Civil War to guarantee certain rights for African Americans in all states. It overruled the Supreme Court's Dred Scott decision, which stated that African Americans could not become citizens. The Amendment also constitutionally enshrined the Civil Rights Act of 1866, which granted citizenship to all born in the US without regard to race, colour, or prior enslavement.
The 14th Amendment has always excluded some individuals from birthright citizenship, such as children born to foreign diplomats or members of foreign armies living in the US. Additionally, children born to undocumented immigrants or temporary visitors may not be granted citizenship in certain cases. However, the Supreme Court's United States v. Wong Kim Ark case in 1898 confirmed that children born in the US receive birthright citizenship, regardless of their parents' immigration status. This precedent has been upheld for over a century, protecting the birthright citizenship of children born to all immigrants.
Despite the 14th Amendment's guarantees, there have been recent attempts to restrict birthright citizenship. In 2025, President Donald Trump issued Executive Order 14160, aimed at ending birthright citizenship for babies of undocumented immigrants. This order was blocked by multiple federal judges as unconstitutional. Legal scholars and federal judges have maintained that unrestricted birthright citizenship is enshrined in the Constitution through the 14th Amendment, and attempts to restrict it would be contrary to American values.
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Children of undocumented immigrants are US citizens
The 14th Amendment to the US Constitution guarantees birthright citizenship to every child born "within the jurisdiction of the United States". The Citizenship Clause of the 14th Amendment states: "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 has been interpreted by most legal scholars to mean that unrestricted birthright citizenship is enshrined in the Constitution, regardless of the citizenship status of the parents.
However, this has been a contentious issue, with anti-immigrant political factions attempting to restrict birthright citizenship for children of undocumented immigrants. The Trump administration, for instance, attempted to issue an executive order that would deny citizenship to children born in the US if their mother was unlawfully present in the country and their father was not a US citizen or lawful permanent resident. This order was blocked by several federal judges, who deemed it to be in violation of the 14th Amendment.
The issue of children born to undocumented immigrants has significant implications for millions of children across the country. More than 16.7 million people in the US live with at least one family member who is undocumented, and roughly six million of these are children under the age of 18. The threat of immigration enforcement actions can have serious physical, emotional, developmental, and economic repercussions for these children. For instance, a study found that families' incomes decreased by 40-90% within six months of a parent's immigration-related arrest, detention, or deportation.
In conclusion, while the US Constitution guarantees birthright citizenship to all children born in the country, regardless of their parents' citizenship status, this has not prevented children of undocumented immigrants from facing significant challenges and risks, including the constant threat of family separation due to deportation.
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The Supreme Court's Dred Scott decision rejected citizenship for people of colour
The United States Constitution guarantees birthright citizenship to every child born within the country's jurisdiction, as outlined in the Citizenship Clause of the Fourteenth Amendment. However, this principle has been contested and shaped by historical decisions, including the infamous Dred Scott decision by the Supreme Court.
In 1846, Dred Scott, an enslaved Black man, and his wife, Harriet, sued for their freedom in the St. Louis Circuit Court. They argued that they were entitled to freedom after residing in the free Territory of Wisconsin, where slavery was prohibited. While the initial verdict favoured the Scotts, the case eventually reached the Supreme Court, where it took on broader political implications surrounding slavery.
The Supreme Court's Dred Scott decision in 1857 rejected the notion that people of African descent could be considered citizens of the United States. Chief Justice Roger B. Taney's majority opinion held that enslaved people, regardless of their place of residence, were not citizens and could not enjoy the rights and protections afforded to citizens. This decision was based on the interpretation that the Constitution excluded people of African descent from citizenship solely based on their race.
The Dred Scott decision had far-reaching consequences, intensifying interstate tensions and exacerbating the national debate over slavery, ultimately contributing to the American Civil War. The decision was widely denounced for its overt racism and poor legal reasoning, and it was overturned by the Thirteenth and Fourteenth Amendments, which abolished slavery and reaffirmed citizenship for all persons born in the United States.
The Fourteenth Amendment repudiated the Dred Scott decision by guaranteeing citizenship to "all persons born or naturalized in the United States and subject to the jurisdiction thereof". This amendment ensured that birthright citizenship was no longer tied to race or parental status, establishing a more inclusive definition of citizenship.
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The Civil Rights Act of 1866 granted citizenship to former slaves
The Civil Rights Act of 1866 was enacted to address the citizenship status of former slaves in the United States. Before the Civil War, enslaved people and people of African descent were not considered citizens and were denied birthright citizenship under the Dred Scott v. Sandford decision. This decision was overturned by the Fourteenth Amendment, which was passed in 1868 and granted citizenship to "all persons born or naturalized in the United States," regardless of race.
The Fourteenth Amendment states: "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 amendment repudiated the Dred Scott v. Sandford decision, which had misinterpreted the Constitution as excluding people of African descent from citizenship based solely on their race.
The Civil Rights Act of 1866, which was passed before the Fourteenth Amendment, had three primary objectives: to define American citizenship, outline the rights that come with citizenship, and affirm the unlawfulness of depriving any person of citizenship rights based on "race, color, or prior condition of slavery or involuntary servitude." The act declared that all people born in the United States who are not subject to any foreign power are entitled to citizenship without regard to race or previous enslavement.
The language of the Civil Rights Act of 1866 closely paralleled that of the Fourteenth Amendment's Citizenship Clause and Equal Protection Clause, which guaranteed equal civil and legal rights to all citizens, including those who were formerly enslaved. The act was subsequently reenacted as Section 18 of the Enforcement Act of 1870 to further dispel any doubts about its constitutionality.
In summary, the Civil Rights Act of 1866 played a crucial role in granting citizenship to former slaves and ensuring their equal rights under the law. This act, along with the subsequent Fourteenth Amendment, marked significant steps towards racial equality and the integration of African Americans into American society following the Civil War.
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Attempts to restrict birthright citizenship by President Trump
The Fourteenth Amendment to the United States Constitution guarantees birthright citizenship to every child born "within the jurisdiction of the United States". The Citizenship Clause of the Fourteenth Amendment states:
> 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.
However, there have been differing interpretations of this clause, with anti-immigrant political factions pushing to restrict birthright citizenship. One notable attempt to restrict birthright citizenship was made by President Donald Trump, who, in one of his first acts as president, signed an executive order aimed at ending birthright citizenship for babies of undocumented immigrants and people with temporary status in the US. This order, known as Executive Order 14156, sought to abolish the United States' longstanding policy of unrestricted birthplace-based citizenship.
Trump's executive order outlined two categories of individuals "born in the United States and not subject to the jurisdiction thereof" whom the administration believed should not be granted US citizenship:
- When the person's mother was unlawfully present in the United States, and the person's father was not a US citizen or lawful permanent resident at the time of the person's birth.
- When the person's mother's presence in the United States was lawful but temporary (e.g. on a student, work, or tourist visa), and the person's father was not a US citizen or lawful permanent resident at the time of the person's birth.
Trump's attempt to restrict birthright citizenship faced immediate legal challenges from multiple states, immigrant rights groups, and expecting mothers, who argued that the executive branch does not have the authority to "rewrite or nullify a constitutional amendment". On January 23, 2025, US District Judge John C. Coughenour issued a temporary restraining order blocking the implementation of the executive order. This was followed by preliminary injunctions issued by federal judges in Maryland, New Hampshire, and Washington, preventing the Trump administration from enforcing the order.
Despite these setbacks, Trump remained committed to his position, stating that he believed the case had been misunderstood and predicting victory in the Supreme Court. The Supreme Court agreed to hear arguments on the issue in May 2025, keeping the restrictions on hold until then. Trump's supporters argued for tougher standards for becoming a US citizen, while opponents warned of the potential impact on children born in the US, who could be left with second-class status or face deportation along with their parents.
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Frequently asked questions
Yes, the 14th Amendment to the US Constitution guarantees citizenship to all children born in the US, regardless of their parents' citizenship status. This is known as birthright citizenship.
The 14th Amendment states: "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."
Yes, there are two exceptions to birthright citizenship: children born to diplomats, and children born to members of foreign armies living on US territory.
The concept of birthright citizenship has been a fundamental legal principle in the US for over 150 years. However, it has been contested at various points in history, particularly in relation to citizenship for people of African descent and the children of enslaved people. The 14th Amendment, enacted after the Civil War, sought to rectify this by guaranteeing certain rights to African Americans.
Yes, in 2025, President Trump attempted to deny citizenship to some children born in the US, specifically targeting the children of undocumented people, lawful temporary residents, and DACA beneficiaries. This executive order was blocked in court and deemed unconstitutional.
