Simone Lawson
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. This provision was enacted to repudiate the Supreme Court's Dred Scott decision, which held that Americans descended from African slaves could not become American citizens. While most legal scholars interpret the Fourteenth Amendment as extending birthright citizenship to anyone born in the United States, anti-immigrant factions have pushed to restrict birthright citizenship, particularly for children of undocumented immigrants.
| Characteristics | Values |
|---|---|
| Name of Amendment | Fourteenth Amendment |
| Clause | Citizenship Clause |
| Who is eligible | All persons born or naturalized in the United States and subject to the jurisdiction thereof |
| Who is excluded | Children of foreign diplomats, children of alien enemies in hostile occupation, children of members of Indian tribes subject to tribal laws |
| Rights granted | Citizenship, equal protection under the law, due process, privileges and immunities of citizens |
| Supreme Court cases | Dred Scott v. Sandford (1857), United States v. Wong Kim Ark (1898), Elk v. Wilkins (1884), Mackenzie v. Hare (1915) |
| Executive Orders | Executive Order 14160, issued by President Donald Trump in January 2025, denies birthright citizenship to children of unauthorized immigrants or those with temporary visas |
| Legal challenges | Multiple federal judges have blocked enforcement of Executive Order 14160 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."
The Citizenship Clause has been interpreted by the Supreme Court as granting birthright citizenship to all born within the jurisdiction of the United States. However, it is important to note that there are some recognized exceptions to the rule of acquired citizenship by birth. For example, children born to diplomatic representatives of foreign states or children of members of Indian tribes subject to tribal laws are generally not considered automatic citizens.
While most legal scholars interpret the Fourteenth Amendment as extending birthright citizenship to anyone born in the United States, there have been recent attempts to restrict it, particularly for children born to undocumented immigrant parents. In 2025, President Donald Trump issued Executive Order 14160 to deny birthright citizenship to children with parents of illegal or temporary immigration status. However, enforcement of the Executive Order has been blocked as unconstitutional by multiple federal judges.
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Birth tourism
The United States is a popular destination for birth tourism due to its interpretation of the 14th Amendment to the U.S. Constitution, which grants birthright citizenship to almost all those born in the country. This has spawned a lucrative birth tourism industry, attracting families from all over the world, including China, Taiwan, Korea, Nigeria, Turkey, Russia, Brazil, and Mexico. In 2015, Los Angeles was considered a center of the maternity tourism industry, and authorities in the city closed 14 maternity tourism "hotels" that year. Federal agents have also conducted raids on multimillion-dollar birth tourism businesses, and in 2020, the country adopted a new policy making it more difficult for pregnant foreign women to enter the U.S. on a temporary B-1/B-2 visitor visa to give birth.
While birth tourism is not illegal, it is controversial, and some countries have taken steps to discourage it. Australia, France, Pakistan, Ireland, New Zealand, South Africa, and the United Kingdom have modified their citizenship laws to address birth tourism. In the United States, the State Department has announced new rules regarding the issuance of B nonimmigrant visas to address birth tourism, and some members of Congress have also tried to put an end to the practice.
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Supreme Court precedent
The Fourteenth Amendment, which 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", forms the basis for birthright citizenship in the United States. The Citizenship Clause of this amendment repudiated the Supreme Court's decision in Dred Scott v. Sandford (1857), which ruled that Americans descended from African slaves could not become citizens.
The Supreme Court interpreted the Citizenship Clause in Elk v. Wilkins (1884), holding that birthright citizenship is granted to all born within the jurisdiction of the United States, including those born to parents who are not U.S. citizens or lawful permanent residents. This interpretation affirmed that birthright citizenship cannot be revoked based on race or ethnicity.
In United States v. Wong Kim Ark (1898), the Supreme Court further upheld birthright citizenship by interpreting the Fourteenth Amendment as recognizing birthright citizenship regardless of the immigration status of a child's parents. This precedent was reaffirmed in United States v. Gordon (1861), In re Look Tin Sing (1884), and Lam Mow v. Nagle (1928), where lower courts determined citizenship based on parental citizenship for children born on vessels in U.S. territorial waters or on the high seas.
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 was blocked by multiple federal judges as unconstitutional, citing the Fourteenth Amendment's guarantee of birthright citizenship. The Supreme Court partially paused these rulings, allowing the Trump administration's request to proceed with the executive order. However, the Supreme Court did not address the constitutionality of the birthright citizenship order itself.
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Citizenship Clause
The Citizenship Clause, part of the Fourteenth Amendment to the United States Constitution, broadly defines citizenship and guarantees birthright citizenship to every child born "within the jurisdiction of the United States". 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."
The Citizenship Clause overruled the Supreme Court's Dred Scott decision, which held that Americans descended from African slaves could not become American citizens. The clause constitutionalized the Civil Rights Act of 1866's grant of citizenship to all born within the United States, except the children of foreign diplomats. The 1898 Supreme Court case of United States v. Wong Kim Ark established an important precedent in its interpretation of the Citizenship Clause, cementing birthright citizenship for children of all immigrants.
The Citizenship Clause has been interpreted to mean that anyone born on U.S. soil is automatically conferred citizenship at birth, regardless of their parents' immigration or citizenship status. This interpretation has been challenged by anti-immigrant political factions, who have attempted to restrict birthright citizenship by denying it to children born in the United States to undocumented immigrant parents. In January 2025, President Donald Trump issued Executive Order 14160 to deny birthright citizenship to children with parents of illegal or temporary immigration status. This executive order was blocked as unconstitutional by multiple federal judges.
It is important to note that the Citizenship Clause does not extend citizenship universally to everyone born within the United States. There are recognized exceptions, including children born of diplomatic representatives of a foreign state, children born of alien enemies in hostile occupation, and children of members of Indian tribes subject to tribal laws. Additionally, the citizenship of children born on vessels in United States territorial waters or on the high seas is generally determined by the citizenship of their parents.
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Children of 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 text of the 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."
The Citizenship Clause of the Fourteenth Amendment was enacted to repudiate the Supreme Court's Dred Scott decision, which held that Americans descended from African slaves could not become American citizens. The clause constitutionalized the Civil Rights Act of 1866's grant of citizenship to all born within the United States, except the children of foreign diplomats. The Citizenship Clause has been interpreted to grant birthright citizenship to all born within the jurisdiction of the United States, regardless of their parents' immigration or citizenship status. This interpretation was cemented by the 1898 Supreme Court case of United States v. Wong Kim Ark, which established birthright citizenship for children of all immigrants.
However, there have been recent attempts to restrict birthright citizenship for children of undocumented immigrants. In January 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 was blocked by multiple federal judges as unconstitutional. Legal scholars and immigration law experts have affirmed that the president does not have the authority to change citizenship rules and that birthright citizenship is guaranteed to anyone born in the U.S., regardless of their parents' legal status.
While there is ongoing debate and legal challenges regarding the issue, the current interpretation of the Fourteenth Amendment provides for birthright citizenship for children of undocumented immigrants as long as they are born "within the jurisdiction of the United States". This interpretation has been upheld by federal judges and legal scholars, who have blocked attempts to restrict birthright citizenship based on parental immigration status.
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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.
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."
According to Harvard Law School Professor Gerald Neuman, the President of the United States has no authority to change citizenship rules.
