Birthright Citizenship
What Is Birthright Citizenship?
Birthright citizenship is the principle that people born in the United States are Americans—full members of our society from the moment they are born. It reflects a simple and powerful idea: if you’re born here, you belong here. In the United States, birthright citizenship is guaranteed by the Fourteenth Amendment to the Constitution, adopted in 1868 in the aftermath of the Civil War. 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.”This constitutional guarantee was intentionally written to ensure equality under the law, regardless of race, ancestry, or parentage. It was enacted to overturn the Supreme Court’s infamous 1857 Dred Scott decision, which had declared that Black people born in the United States could never be citizens.
How Birthright Citizenship Works in the United States
The United States recognizes two primary paths to citizenship at birth:Birthplace‑Based Citizenship (Jus Soli)
The U.S. follows a principle known as jus soli, or “right of the soil,” meaning that nearly everyone born on U.S. soil is a U.S. citizen, regardless of their parents’ immigration status. The Supreme Court confirmed this interpretation over a century ago, in United States v. Wong Kim Ark (1898), holding that children born in the U.S. to immigrant parents are citizens at birth. The only narrow exceptions are children born to foreign diplomats, who are not considered “subject to the jurisdiction” of the United States.Ancestry‑Based Citizenship (Jus Sanguinis)
U.S. law also allows children born abroad to U.S. citizens to acquire citizenship through their parents, provided certain legal requirements are met. Together, these rules create a clear, fair, and race‑neutral standard for who is an American—one that does not depend on lineage, wealth, or skin color.Why Birthright Citizenship Matters
It Guarantees Equality and Prevents a Two‑Tiered Society
Birthright citizenship ensures that all people born in the United States are treated equally under the law. Weakening or ending this principle would create a dangerous two‑tiered system in which some U.S.‑born children could be denied citizenship because of who their parents are. Millions of U.S. citizen children have at least one immigrant parent. Stripping birthright citizenship could leave many children stateless or vulnerable to deportation from the only country they have ever known.It Strengthens Belonging and Social Cohesion
Birthright citizenship promotes a shared sense of belonging. When people are recognized as full members of society, they are more likely to invest in their communities, pursue education and careers, and participate in civic life. This inclusion strengthens democracy and brings communities together. Creating a permanent subclass of people who grow up in the U.S. but are denied full membership undermines national unity and weakens the social fabric.It Reflects Core American Values
Birthright citizenship embodies deeply held American ideals of fairness, opportunity, and non‑discrimination. It affirms that citizenship is not inherited through bloodlines or ancestry, but grounded in shared commitment and equal rights. Most countries in the Western Hemisphere recognize some form of birthright citizenship. Ending it would make the United States an outlier and betray a long‑standing constitutional tradition.Birthright Citizenship and the Courts Today
Birthright citizenship has been settled law for more than 125 years. Ending or limiting it would require either:- A constitutional amendment (which requires approval by two‑thirds of Congress and ratification by three‑quarters of the states), or
- A radical departure by the Supreme Court from long‑standing precedent interpreting the Fourteenth Amendment.
Bottom Line
Birthright citizenship provides a simple, fair, and unifying rule: if you are born in the United States, you are an American. It ensures equal treatment under the law, prevents statelessness, strengthens communities, and reflects our nation’s highest ideals. Protecting birthright citizenship means protecting the idea that everyone belongs—and that our future is stronger when we uphold equality for all.
Supreme Court Expresses Skepticism at Trump’s Effort to Eliminate Birthright Citizenship
- Birthright Citizenship
- April 1, 2026
Over 150 years ago, with the embers of the Civil War still smoldering, members of Congress gathered to write the 14th Amendment.…
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Breaking Down Trump’s Attempt to End Birthright Citizenship
- Birthright Citizenship
- February 7, 2025
On his first day in office, President Donald Trump issued an executive order aimed…
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What Does the Supreme Court Ruling on Birthright Citizenship Mean?
- Birthright Citizenship
- June 27, 2025
The Supreme Court issued a decision in the CASA v. Trump case on Friday,…
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Supreme Court Expresses Skepticism at Trump’s Effort to Eliminate Birthright Citizenship
Over 150 years ago, with the embers of the Civil War still smoldering, members of Congress gathered to write the 14th Amendment. In its very first clause they wrote a single, straightforward sentence: “All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens… Read More
What Does the Supreme Court Ruling on Birthright Citizenship Mean?
The Supreme Court issued a decision in the CASA v. Trump case on Friday, handing the Trump administration a major win by limiting judges’ ability to block unlawful policies nationwide. This could open the door for conflicting rules about who is guaranteed birthright citizenship, largely dependent upon where they live. Read More
Breaking Down Trump’s Attempt to End Birthright Citizenship
On his first day in office, President Donald Trump issued an executive order aimed at ending birthright citizenship for babies of undocumented immigrants and for people with temporary status in the U.S. Executive Order 14156: Protecting the Meaning and Value of American Citizenship departs from over 125 years of… Read More
The Origins of Birthright Citizenship in the United States, Explained
For over a century, the United States has applied the principle of jus soli, or birthplace-based citizenship, to grant American citizenship to anyone born on U.S. territory regardless of their parent’s immigration status. But over the past few decades, anti-immigrant politicians have advocated for the restriction of birthplace-based citizenship to… Read More
Birthright Citizenship in the United States
This fact sheet explains birthright citizenship, the Fourteenth Amendment, and its interpretations. Who is eligible for birthright citizenship? Can birthright citizenship be taken away? Read More
U.S. Residents Sue USCIS and NARA for Delays in U.S. Citizenship Applications
Thirteen people waiting to become U.S. citizens filed a lawsuit challenging U.S. Citizenship and Immigration Services’ unreasonable delays and failure to process U.S. naturalization applications filed in 2020. Read More
Challenging USCIS To End Naturalization Application Delays
This lawsuit challenges USCIS' unreasonable delay in processing naturalization applications that were filed in 2020 and has prevented applicants from becoming U.S. citizens. Read More
The Lie About Kamala Harris and Birthright Citizenship
People born in the United States are American citizens, regardless of what President Trump claims. Birthright citizenship—enshrined by the Fourteenth Amendment in the U.S. Constitution—guarantees it. Trump recently suggested to the contrary after a Newsweek column erroneously argued that vice presidential candidate… Read More
Congress Passes Bill Ensuring US Citizenship for Children of Military Members
A bill that would ensure automatic U.S. citizenship for the children of U.S. military service members will soon hit the president’s desk. The Citizenship for Children of Military Members & Civil Servants Act passed the House and Senate with bipartisan support last Thursday. Until recently, children born abroad to… Read More
Federal Court Orders Government to Recognize American Samoans as US Citizens
In a landmark decision last week, a federal court in Utah ordered the U.S. government to extend birthright citizenship to people born in the U.S. territory of American Samoa. In a lengthy decision, Judge Clark Waddoups declared that his decision was “required by the mandate of the Fourteenth Amendment as… Read More
