Omar Bennett
The principle of birthright citizenship, or jus soli, asserts that a person born in a country is automatically a citizen of that country. The United States is one of 33 countries that recognize citizenship based on place of birth. The concept of birthright citizenship was not always the case in the U.S. but became law with the ratification of the 14th Amendment. The Citizenship Clause in the U.S. Constitution now requires 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 has been a contentious issue, with some arguing that the term subject to the jurisdiction of the United States excludes undocumented immigrants or those with non-citizen parents. However, the Supreme Court has upheld birthright citizenship in several cases, and most legal observers agree that the 14th Amendment explicitly endorses jus soli citizenship.
| Characteristics | Values |
|---|---|
| Name of principle | Birthright citizenship |
| Alternative name | Jus soli |
| Definition | A person born in a country is automatically a citizen of that country |
| Countries that recognize jus soli | The US, Canada, and at least 30 other countries |
| US legal basis | The 14th Amendment to the Constitution |
| US legislation | 8 USC 1401 |
| US Supreme Court precedent | United States v Wong Ark Kim, 1898 |
| US public opinion | 51% oppose changes to birthright citizenship, 28% support, 20% undecided |
| Exceptions | Children of foreign diplomats, hostile soldiers, and Native Americans |
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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."
This clause, added to clarify what some believed was already the law of the land, guarantees birthright citizenship to anyone born under the legal "jurisdiction" of the US federal government. This includes the children born in the US of immigrant parents who are in the country legally. The Fourteenth Amendment explicitly endorses jus soli citizenship, which is the principle that a person born in a country is automatically a citizen of that country.
However, the Fourteenth Amendment has always excluded from birthright citizenship persons who were born in the United States but not "subject to the jurisdiction thereof". This clause has been interpreted to exclude certain categories of individuals, such as those born to undocumented parents or those whose mothers were unlawfully present in the US at the time of their birth.
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Jus soli citizenship
Jus soli, a Latin term meaning "right of the soil", is a legal principle under which citizenship is automatically granted to individuals born within a country's territory, regardless of their parents' status. This form of citizenship is also known as birthright citizenship or citizenship by birthplace.
In the United States, jus soli citizenship is guaranteed by the Fourteenth Amendment to the Constitution, which 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 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. However, children born in the United States to foreign nationals serving in certain diplomatic capacities do not acquire U.S. citizenship by virtue of birth in the country.
The concept of birthright citizenship has been a subject of debate in the United States, with some arguing that it provides an incentive for undocumented immigrants to enter the country illegally to give birth and obtain benefits based on their child's status. Despite these concerns, most legal observers agree that the Fourteenth Amendment explicitly endorses jus soli citizenship.
It is important to note that birthright citizenship is not limited to the United States. It is common in the Americas but less so in other regions. Additionally, the interpretation of "natural-born" citizenship has been a subject of discussion, with some arguing that it should include those born abroad to American citizen parents.
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Children of undocumented immigrants
The United States is one of 33 countries that recognize citizenship based on the principle of jus soli, or birthright citizenship, which means that a person born in a country is automatically a citizen of that country. This principle was enshrined in US law with the ratification of the 14th Amendment, which 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, the children of undocumented immigrants in the US face unique challenges and risks due to their family's immigration status. There are approximately 16.7 million people in the US who live with at least one family member who is undocumented, and around 6 million of these are children under the age of 18. These children may be US citizens or undocumented themselves, but they are vulnerable to the consequences of immigration enforcement actions, such as the detention or deportation of a parent or other family members.
The deportation or arrest of a parent can have significant financial implications for the family, as undocumented family members often contribute significantly to the household income. A study of immigration enforcement in six US locations between 2006 and 2009 found that families lost up to 90% of their income within six months of a parent's immigration-related arrest or deportation. This can lead to housing instability and frequent relocations. In addition, the separation from a parent can cause toxic stress in children, negatively impacting their brain development and increasing their risk of mental health problems such as depression, anxiety, and severe psychological distress.
Undocumented children in the US also face barriers to accessing education and other opportunities. For example, in 2016, voters in Arizona passed Proposition 300, which denies in-state college tuition rates, tuition and fee waivers, and financial assistance to undocumented students, even those who were brought to the US as young children by their parents. The Development, Relief, and Education for Alien Minors (DREAM) Act, which has been debated for over a decade, aims to address some of these injustices by providing a path to legal status for undocumented children who were brought to the US at a young age. However, opponents of the bill argue that it rewards the illegal acts of the parents.
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The Natural-born Citizen Clause
> No Person except a natural born Citizen, or a Citizen of the United States, at the time of the Adoption of this Constitution, shall be eligible to the Office of President; neither shall any Person be eligible to that Office who shall not have attained to the Age of thirty-five Years, and been fourteen Years a Resident within the United States.
The concept of birthright citizenship, or jus soli, is the principle that a person born in a country is automatically a citizen of that country. The United States is one of 33 countries that recognize citizenship based on place of birth. The Fourteenth Amendment to the U.S. Constitution further solidified birthright citizenship, stating:
> 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, there have been differing interpretations of who qualifies as a natural-born citizen. Some legal scholars argue that the term "subject to the jurisdiction of the United States" excludes those who are in the country illegally or who owe allegiance to a different sovereign. Others interpret the term more broadly, claiming that it only refers to the children of foreign diplomats or hostile soldiers on U.S. territory. The Supreme Court has yet to definitively rule on the citizenship status of children born to undocumented parents on U.S. soil.
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Birthright citizenship
> 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.
The 14th Amendment's definition of citizenship was first challenged in 1898 in the case of a Chinese American cook named Wong Kim Ark. The law at the time prohibited Chinese residents born elsewhere from becoming citizens. However, Ark was born on American soil, and the Supreme Court ruled in his favor, setting a precedent for birthright citizenship.
Despite this, there is still debate over whether the children of undocumented immigrants born on U.S. soil are entitled to birthright citizenship. While most legal observers agree that the 14th Amendment explicitly endorses jus soli citizenship, a dissenting view holds that it does not apply to the children of unauthorized immigrants. This issue has yet to be addressed by the Supreme Court.
Some legislators have proposed changing the Citizenship Clause through a constitutional amendment, but none have been approved by Congress. Additionally, President Trump attempted to overturn birthright citizenship by executive order, but a federal judge blocked its implementation as "blatantly unconstitutional."
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Frequently asked questions
Yes, the Citizenship Clause of the 14th Amendment states that all persons born or naturalized in the United States are citizens of the country and the state in which they reside.
The Citizenship Clause is the principle of birthright citizenship, or jus soli, which states that a person born in a country is automatically a citizen of that country.
No, birthright citizenship became law with the ratification of the 14th Amendment.
The Citizenship Clause 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."
The meaning of this phrase is debated. Some argue that it refers to children of foreign diplomats, who are not subject to U.S. law. Others claim it means that the Citizenship Clause does not apply to those who are in the country illegally.
