Eleanor Finch
Birthright citizenship, also known as jus soli, is a legal principle that grants citizenship to individuals based on their place of birth. In the United States, the Fourteenth Amendment to the Constitution guarantees birthright citizenship, stating that all persons born or naturalized in the United States and subject to the jurisdiction thereof, are citizens. This amendment, adopted in 1868, was intended to ensure equal protection and civil rights for all persons, including freed slaves and their children after the American Civil War. However, the interpretation and applicability of birthright citizenship have been contentious issues, with critics arguing that it does not automatically apply to everyone born in the US, especially children of illegal immigrants. This debate has led to legal challenges, with President Donald Trump attempting to issue an executive order to restrict birthright citizenship, which was blocked by federal judges as unconstitutional.
| Characteristics | Values |
|---|---|
| Date of Amendment | 9 July 1868 |
| Amendment Number | Fourteenth Amendment |
| Section | Section 1 |
| Citizenship Clause | "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." |
| Exceptions | Children of foreign diplomats, children of alien enemies in hostile occupation, children of members of Indian tribes subject to tribal laws, children born on vessels in US territorial waters or on the high seas |
| Interpretations | Birthright citizenship is not extended to children of tourists, diplomats, or illegal aliens |
| Executive Order | President Trump issued an executive order to end birthright citizenship for children with parents of illegal or temporary immigration status |
| Court Rulings | Multiple federal judges have blocked the executive order as unconstitutional |
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What You'll Learn
The Fourteenth Amendment
> "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."
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The Supreme Court's interpretation
In 1857, the Supreme Court ruled in the Dred Scott v. Sandford case, which misinterpreted the Constitution as excluding people of African descent from eligibility for United States citizenship based solely on their race. However, this decision was repudiated by the subsequent adoption of the Fourteenth Amendment, which guarantees birthright citizenship.
The Fourteenth Amendment, ratified in 1868, 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 amendment was a response to issues affecting freed slaves following the American Civil War and was intended to ensure equal protection under the law.
The Supreme Court interpreted the Citizenship Clause of the Fourteenth Amendment in Elk v. Wilkins (1884), granting birthright citizenship to those born within the jurisdiction of the United States. However, they excluded Native Americans born on Indian reservations from this right, as these lands are not under the federal government's jurisdiction.
In 1898, the Supreme Court further clarified birthright citizenship in United States v. Wong Kim Ark, ruling that children born in the United States to immigrant parents are citizens, regardless of their parents' immigration status. This case affirmed the "ancient and fundamental rule of citizenship by birth within the territory."
Despite these rulings, there have been recent challenges to birthright citizenship. In 2025, President Donald Trump issued Executive Order 14160, aiming to deny birthright citizenship to children with parents of illegal or temporary immigration status. This order faced immediate legal backlash and was blocked by multiple federal judges as unconstitutional. The Supreme Court has not yet ruled directly on this executive order, but lower federal courts have blocked its enforcement across the country.
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The Citizenship Clause
> "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."
Despite the Fourteenth Amendment's guarantee of birthright citizenship, there have been recent challenges to this interpretation. In 2025, President Donald Trump issued Executive Order 14160, which aimed to deny birthright citizenship to children with parents of illegal or temporary immigration status. This executive order faced immediate legal backlash and was blocked by multiple federal judges as unconstitutional. Senior U.S. District Judge John Coughenour blocked the Trump administration from enforcing the executive order anywhere in the United States, calling birthright citizenship "a fundamental constitutional right".
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The Civil Rights Act of 1866
Birthright citizenship, or jus soli, is a legal principle that grants citizenship to individuals based on their place of birth. In the United States, birthright citizenship is enshrined in the Fourteenth Amendment to the Constitution, which states that "all persons born or naturalized in the United States and subject to its jurisdiction are citizens." This amendment ensures equal protection under the law for all persons and repudiates the Supreme Court's 1857 decision in Dred Scott v. Sandford, which excluded people of African descent from citizenship based on race.
Now, onto the Civil Rights Act of 1866. This Act was the first federal law in the United States that defined citizenship and affirmed equal protection under the law for all citizens. It was passed by Congress in 1866, with the aim of protecting the civil rights of persons of African descent, following the American Civil War. The Act was vetoed twice by President Andrew Johnson, but Congress overrode the veto, marking a significant moment in legislative history.
The Act closely aligned with the proposed Fourteenth Amendment, which was passed in 1868, and the Civil Rights Act was ratified again in 1870 to support this Amendment. This Act was a significant step towards racial equality and federal intervention in the postwar South, and it set a precedent for Congress's role in shaping a multiracial society.
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Attempts to restrict birthright citizenship
The Fourteenth Amendment to the United States Constitution guarantees birthright citizenship to every child born "within the jurisdiction of the United States". The 1898 Supreme Court case of United States v. Wong Kim Ark established an important precedent in its interpretation of the Citizenship Clause of the Fourteenth Amendment, cementing birthright citizenship for children of all immigrants.
Despite this, there have been several attempts to restrict birthright citizenship. The issue flares up every few years, unleashing a wave of news articles, pronouncements by politicians and pundits, and bills to repeal the guarantee of citizenship bestowed on babies born on US soil.
The most prominent recent example is that of President Donald Trump, who, on his first day in office, signed Executive Order 14156: Protecting the Meaning and Value of American Citizenship. This sought to end unrestricted birthplace-based citizenship, specifically for babies of undocumented immigrants and people with temporary status in the US. The executive order drew immediate legal challenges from 18 states, immigrant rights groups, and expecting mothers. Most legal scholars say the president does not have the power to unilaterally change the law in this area, and it has been blocked by courts in the early stages of what promises to be a long battle.
Other attempts to restrict birthright citizenship include a 1924 lawsuit by Southern white supremacists, arguing that the Fourteenth Amendment had never been properly ratified, and that Black people born in the United States were not birthright citizens. This was quickly dismissed, as was a similar case less than two decades later, which argued that children of Asian immigrants should be racially barred from birthright citizenship.
The potential consequences of restricting birthright citizenship are significant. It would create a self-perpetuating underclass that would be excluded from social membership for generations, with negative consequences for the national interest. It would also have the opposite of the intended effect, expanding the size of the US unauthorized population.
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Frequently asked questions
Birthright citizenship is a legal principle under which citizenship is automatically granted to individuals upon birth.
Yes, birthright citizenship is a part of the US Constitution. The Fourteenth 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."
While birthright citizenship is a part of the US Constitution, there have been attempts to restrict or eliminate it. In 2025, President Donald Trump issued an executive order to deny birthright citizenship to children with parents of illegal or temporary immigration status. However, this order was blocked by multiple federal judges as unconstitutional.
There are two forms of birthright citizenship: ancestry-based citizenship and birthplace-based citizenship. Birthplace-based citizenship, also known as jus soli, grants citizenship based on the place of birth.
Critics argue that the interpretation of the Fourteenth Amendment to include birthright citizenship ignores its text and legislative history. They claim that it was intended to extend citizenship to freed slaves and their children after the Civil War, rather than granting citizenship to anyone born in the United States.
