Omar Bennett
The Fourteenth Amendment to the United States Constitution guarantees birthright citizenship to every child born within the jurisdiction of the United States. The text of the Constitution does not define what is meant by natural-born, and there is no distinction between those whose citizenship is based on jus sanguinis (parentage) and those whose citizenship is based on jus soli (birthplace). However, the Fourteenth Amendment has never been interpreted to extend citizenship universally to everyone born within the United States. The children of undocumented immigrants or temporary visitors, diplomats, and members of foreign armies living on US territory are not eligible for birthright citizenship. There are two ways for children of US citizens to obtain citizenship: at birth and after birth but before the age of 18.
| Characteristics | Values |
|---|---|
| Citizenship by birth | Children born in the US are citizens by birthright, regardless of their parents' citizenship status |
| Exceptions | Children of diplomats and members of foreign armies on US territory are not granted citizenship by birth |
| Children of undocumented immigrants | Children born to undocumented immigrants are granted citizenship by birth |
| Children of temporary visitors | Children born to temporary visitors are granted citizenship by birth |
| Children born out of wedlock | Citizenship may be inherited from the mother if the child was born out of wedlock |
| Children of American citizens born outside the US | Children born outside the US with at least one American citizen parent may be eligible for citizenship if certain conditions are met |
| Oath of Allegiance | Children under 14 are exempt from taking the Oath of Allegiance |
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What You'll Learn
Children born to undocumented immigrants
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 has been interpreted by most legal scholars to grant unrestricted birthright citizenship to those born in the United States. This interpretation was cemented by the 1898 Supreme Court case of United States v. Wong Kim Ark, which established that children of all immigrants are granted birthright citizenship.
However, there are two exceptions to birthright citizenship: children born to diplomats and children born to members of foreign armies living on US territory. Children born to undocumented immigrants do not fall under either of these exceptions. This interpretation was further reinforced by Congress, which repudiated the derivation of birthright citizenship based on "racial, hereditary, or dependent on a parent's immigration status".
Children of undocumented immigrants become US citizens when they are born in the United States, and this citizenship grants them certain rights and privileges, including the right to vote and immunity from deportation. The child's citizenship can also help the parents gain legal status, as immigration law treats parents of US citizens as "immediate relatives". However, US citizens cannot petition to help their immediate relatives immigrate until they reach the age of 21.
The impact of immigration enforcement on US-citizen children with undocumented parents has been well-documented. Studies have shown that the detention or deportation of an undocumented family member can have significant negative consequences on the mental health and well-being of children. It can also lead to higher poverty rates, with families experiencing a loss of income and facing difficulties in affording housing.
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Children born to temporary visitors
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 has been interpreted by most legal scholars to enshrine unrestricted birthright citizenship for those born in the United States. The 1898 Supreme Court case of United States v. Wong Kim Ark established birthright citizenship for children of all immigrants, regardless of their parents' immigration or citizenship status.
However, there are two exceptions to birthright citizenship: children born to diplomats and children born to members of foreign armies living on US territory. Children born to temporary visitors or undocumented immigrants do not fall under these exceptions. This interpretation was solidified in the Dred Scott v. Stanford case, where Congress repudiated the idea that birthright citizenship could be "based in any way on racial, hereditary, or dependent on a parent’s immigration status".
It is important to note that policies and interpretations of the Constitution can change over time. While the information provided here reflects the current understanding, it is always advisable to refer to the most up-to-date official sources for the latest policies and guidelines regarding citizenship.
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Children born outside the US to US citizens
The Fourteenth Amendment to the United States Constitution guarantees birthright citizenship to every child born "within the jurisdiction of the United States". This has been interpreted by most legal scholars to mean unrestricted birthright citizenship to those born in the United States. The two exceptions to this are children born to diplomats and children born to members of foreign armies living on U.S. territory.
- The child has at least one parent, including an adoptive parent, who is a US citizen by birth or through naturalization.
- The US citizen parent meets certain physical presence requirements in the United States or an outlying possession.
- The child is residing outside of the United States in the legal and physical custody of the US citizen parent, or of a person who does not object to the application if the US citizen parent is deceased.
- The child is lawfully admitted, physically present, and maintaining a lawful status in the United States at the time the application is approved and the time of naturalization.
- The child has at least one parent, including an adoptive parent, who is a US citizen by birth or through naturalization.
- The child is residing in the US in the legal and physical custody of the US citizen parent.
Adopted children may derive citizenship from their biological parents if the child's adoption did not terminate the parental relationship with the naturalized parent or parents.
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Children born to US citizens overseas
The Fourteenth Amendment to the United States Constitution guarantees birthright citizenship to every child born within the jurisdiction of the United States. This means that anyone born on U.S. soil automatically becomes a citizen at birth, regardless of their parents' immigration or citizenship status.
However, this does not directly address the situation of children born to American parents overseas. In these cases, there are two general ways to obtain citizenship through U.S. citizen parents: at birth or after birth but before the age of 18. The specific laws and requirements for citizenship transmission to children born outside the United States to American parents have changed over time, and the applicable laws are those in effect at the time of the child's birth.
In general, for a child born outside the United States to be a U.S. citizen at birth, at least one parent must be a U.S. citizen, and the U.S. citizen parent must have lived in the United States for a certain period. Adopted children may derive citizenship from their biological parents if the adoption did not terminate the parental relationship, and children born out of wedlock may still derive citizenship from their mother if she is a U.S. citizen.
Children born outside the U.S. but residing in the country may acquire citizenship under Section 320 of the Immigration and Nationality Act (INA). This requires that at least one parent is a U.S. citizen by birth or naturalization, the child is residing in the U.S. in the legal and physical custody of the U.S. citizen parent, and the U.S. citizen parent meets certain physical presence requirements.
For children residing outside the United States, citizenship may be obtained under Section 322 of the INA. This requires that at least one parent is a U.S. citizen by birth or naturalization, the child resides outside the U.S. in the legal and physical custody of the U.S. citizen parent, the U.S. citizen parent meets certain physical presence requirements, and the child is lawfully admitted, physically present, and maintaining lawful status in the U.S. at the time of application approval and naturalization.
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Children born to diplomats
The Fourteenth Amendment to the United States Constitution guarantees birthright citizenship to every child born "within the jurisdiction of the United States". However, this does not extend to children born to diplomats or members of foreign armies living on US territory. These are the only two exceptions to birthright citizenship.
Children born in the US to accredited foreign diplomatic officers do not acquire citizenship under the 14th Amendment since they are not "born... subject to the jurisdiction of the United States". However, DHS regulations allow these children to choose to be considered lawful permanent residents (LPRs) from birth. Registration as an LPR is entirely voluntary but requires an application process. To be eligible, the applicant must establish their birth in the US and submit official confirmation of their diplomatic classification and their parent's occupational title at the time of their birth.
The US State Department maintains a
In the case of Siavash Sobhani, an Iranian-heritage doctor living in Virginia, US officials informed him that he had been mistakenly authorised for American citizenship 30 years ago as his father, a foreign diplomat, was on the blue list. His US passport was not renewed.
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Frequently asked questions
The Fourteenth Amendment to the United States Constitution guarantees birthright citizenship to every child born within the jurisdiction of the United States. Children born outside the US to American parents may also obtain citizenship under certain conditions.
Children born outside the US but residing in the US may acquire citizenship under Section 320 of the Immigration and Nationality Act (INA). The child must have at least one parent who is a US citizen by birth or naturalization, and the child must be residing in the US in the legal and physical custody of the US citizen parent.
Children residing outside of the US may obtain citizenship under Section 322 of the INA. The child must have at least one parent who is a US citizen by birth or naturalization, and the child must be residing outside of the US in the legal and physical custody of the US citizen parent. The child must also be lawfully admitted, physically present, and maintaining a lawful status in the US at the time of application approval and naturalization.
Yes, there are two exceptions to birthright citizenship: children born to diplomats and children born to members of foreign armies living on US territory.
