Omar Bennett
The topic of what makes someone American by birth in the US is enshrined in the Fourteenth Amendment to the Constitution, which guarantees birthright citizenship to anyone born within the jurisdiction of the United States. This principle, also known as jus soli or right of the soil, was confirmed in the 1898 Supreme Court case United States v. Wong Kim Ark, which clarified that children born in the US to immigrant parents are citizens, regardless of their parents' immigration status. However, this right has been contested, with some arguing that it should not extend to children born to undocumented immigrants. The Fourteenth Amendment has also been interpreted to exclude certain groups, such as people of African descent, from birthright citizenship, and it does not apply to children born to diplomatic representatives or alien enemies.
| Characteristics | Values |
|---|---|
| Legal principle | Birthright citizenship |
| Form of birthright citizenship | Ancestry-based citizenship and birthplace-based citizenship |
| Place of birth | Right of the soil (jus soli) |
| Citizenship Clause | Fourteenth Amendment to the United States Constitution |
| Citizenship status | Regardless of parents' immigration or citizenship status |
| Citizenship rights | Due process and equal protection under the law |
| Citizenship denial | Children of diplomatic representatives, alien enemies, members of Indian tribes |
| Citizenship interpretation | Children of all immigrants are citizens |
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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 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.
This clause was added to clarify what some drafters believed was already the law of the land: that all those born to parents beholden to U.S. law were guaranteed citizenship. However, prior to the Fourteenth Amendment, several states had passed contrary laws, which culminated in the Dred Scott v. Sandford decision in 1857, where the Supreme Court universally denied U.S. citizenship to African Americans, regardless of their birthplace.
The Fourteenth Amendment has also been interpreted to exclude certain groups from birthright citizenship, such as children born to foreign diplomats in the country and members of Indian tribes with limited political relations with the U.S. Additionally, the Amendment does not address the rights that come with citizenship, leaving open questions about the acquisition of state and national citizenship.
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The Supreme Court
The Fourteenth Amendment, enacted after the Civil War, guarantees birthright citizenship to every child born "within the jurisdiction of the United States," regardless of their parents' immigration or citizenship status. The Supreme Court further clarified the interpretation of the Fourteenth Amendment in the 1898 case of United States v. Wong Kim Ark, which established that children born in the U.S. to immigrant parents are citizens. This case cemented birthright citizenship for children of all immigrants and has been an important precedent for over a century.
However, the Supreme Court has also been involved in cases that restricted birthright citizenship. For example, in Miller v. Albright in 1998, the Court upheld discriminatory provisions that distinguished between unwed American fathers and mothers, holding that a woman's ties to a child are biological, while a father's ties are legally constructed. In Nguyen v. INS in 2001, the Court reaffirmed the constitutionality of this gender distinction.
In recent years, there have been attempts to challenge birthright citizenship, particularly for children of undocumented immigrants. President Donald Trump issued an executive order aimed at ending this practice, but it was blocked by federal judges in multiple states. The Supreme Court has not directly addressed this issue, but lower courts have interpreted the Fourteenth Amendment as granting citizenship to anyone born on U.S. soil, regardless of their parents' status.
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Birthplace-based citizenship
The Citizenship Clause of 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." This means that anyone born within the jurisdiction of the United States is a US citizen, regardless of their parents' immigration or citizenship status. This principle was confirmed by the 1898 Supreme Court case, United States v. Wong Kim Ark, which established that children born in the US to immigrant parents are citizens, even if their parents are ineligible for naturalization.
The Fourteenth Amendment has played a significant role in civil rights history in the United States, particularly in rectifying the Supreme Court's infamous Dred Scott v. Sandford decision in 1857. In this case, the Court denied US citizenship to African Americans, including those born in the country, based on their race. The Fourteenth Amendment repudiated this decision and guaranteed certain rights for African Americans across all states.
While birthplace-based citizenship has been a cornerstone of American civil rights, it has also faced challenges and attempts at restriction, particularly regarding the children of undocumented immigrants. In recent years, there have been proposals to amend the Citizenship Clause, and executive orders have been issued to restrict birthright citizenship for babies of undocumented immigrants. These attempts have been met with legal challenges, with several states and immigrant rights groups filing lawsuits claiming that such orders violate the Fourteenth Amendment.
Overall, birthplace-based citizenship in the United States, as guaranteed by the Fourteenth Amendment, has ensured that individuals born in the country are granted citizenship regardless of their parents' status. This principle has faced legal and political challenges, particularly around issues of immigration, but remains a fundamental aspect of American citizenship rights.
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Ancestral-based citizenship
Citizenship by ancestry, also known as citizenship by descent, is a legal pathway that allows individuals to claim citizenship in a country based on their family ties. It is rooted in the principle of jus sanguinis, a Latin term meaning "right of blood". This principle allows individuals to acquire citizenship based on their lineage rather than their place of birth.
The process of obtaining citizenship by ancestry typically involves several steps. Firstly, one must research their family history and bloodline as extensively as possible. This step is crucial, as the eligibility criteria for citizenship by ancestry vary depending on the country. Some countries may require a direct parent-child relationship, while others may accept more distant relatives such as grandparents or great-grandparents.
Once an individual has determined their potential eligibility, the next step is to gather the necessary documentation. This typically includes birth and death certificates, passports, marriage certificates, address registers, naturalization documents, and any other legal records that can verify the ancestral connection. In some cases, these documents may need to be translated and apostilled. It is important to note that a DNA test alone is usually insufficient for citizenship applications, and official documentation is typically required.
After compiling the necessary documentation, individuals can proceed to submit their application to the relevant government authority. The waiting period for a decision on the application varies significantly depending on the country and its administrative procedures. For example, Austria's citizenship by ancestry process may take around six months, while Slovakia's can take up to two years.
Citizenship by ancestry can provide various benefits, such as enhanced global mobility through a second passport, access to social securities and healthcare subsidies in the destination country, and the ability to live, work, and study in that country without a visa. It also allows individuals to reconnect with their heritage and explore their family history.
While the specific criteria and application process differ for each country, here is some information on acquiring ancestral-based citizenship in a few select countries:
- Hungary: The child of any Hungarian citizen born before October 1, 1993, is automatically a Hungarian citizen, regardless of their place of birth. Hungary allows individuals to trace their ancestry back to the Austro-Hungarian Empire, providing a vast family history for potential citizens to work with.
- Philippines: Americans whose mother or father is Filipino can become citizens of the Philippines regardless of their place of birth. The process costs about $250 and requires specific documents, including an American passport, the applicant's birth certificate, the parent's birth certificate, and an affidavit of citizenship from the parent.
- India: Americans can acquire Indian citizenship through ancestry in several ways, mostly pertaining to specific birth dates and the citizenship status of their parents at the time of their birth. For example, if born between 1950 and 1992 with a father who was an Indian citizen by birth, one would qualify for Indian citizenship.
- Ireland: Over 30 million U.S. citizens are of Irish descent, and Americans with at least one parent who is an Irish citizen at the time of their birth are automatically considered Irish citizens.
- Italy: Italian citizenship can be passed down from generation to generation, even into the 1800s, as long as the chain remains unbroken. Italy allows those of Italian descent whose citizenship chain has been broken to attempt to prove their ancestry through official government documentation.
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Frequently asked questions
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.
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 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, the interpretation of the Fourteenth Amendment has evolved through various Supreme Court cases. The 1898 case of United States v. Wong Kim Ark established that children born in the US to immigrant parents are citizens, regardless of their parents' immigration status. However, the Fourteenth Amendment has also been interpreted to exclude certain groups, such as children of diplomatic representatives and children born to members of Indian tribes subject to tribal laws.
There have been attempts to restrict or eliminate birthright citizenship, particularly for children of undocumented immigrants. However, as of my last update in January 2025, these attempts have been blocked by federal judges in multiple states.
Birthright citizenship has significant implications for immigration and civil rights in the United States. It ensures that anyone born on US soil is automatically conferred citizenship at birth, regardless of their parents' status. This has resulted in a nation of immigrants, with Americans celebrating both American and international traditions.
