What is Birthright Citizenship and Why is it Under Threat?
Donald Trump’s recent executive order disregards constitutional precedent and attempts to undermine birthright citizenship as established by the 14th Amendment. His move would strip automatic birthright citizenship from children born on American soil to parents without citizenship or green cards (i.e. lawful permanent residence), upending over a century of precedent.
Trump’s Executive Order and Its Implications
Trump’s executive order attempts to deny citizenship to children born in the U.S. if neither parent is a lawful permanent resident or U.S. citizen. This order:
Targets Immigrant Families: Both unauthorized immigrants and those legally in the U.S. on temporary visas are affected.
Restricts Documentation: Federal agencies are barred from issuing or recognizing citizenship documentation for these children.
The Constitutional Challenges
Legal scholars argue that the Citizenship Clause of the 14th Amendment cannot be overridden by executive action or legislation. The American Civil Liberties Union (ACLU) and other civil rights organizations have filed lawsuits challenging the executive order. Stay updated on the ACLU’s legal efforts.
Despite these lawsuits, the Trump administration may aim to force a reinterpretation of the 14th Amendment by the Supreme Court, potentially reshaping birthright citizenship as we know it. Learn more about Supreme Court cases.
The Global Context of Birthright Citizenship
Contrary to Trump’s claims, the U.S. is not the only country offering birthright citizenship. Nations like Canada and Mexico also grant citizenship based on birthplace. Explore global citizenship laws.
The Legal Foundation of Birthright Citizenship
Birthright citizenship in the United States is rooted in the principle of jus soli, or “right of the soil.” This principle guarantees that almost anyone born on U.S. soil automatically becomes a U.S. citizen. Learn more about jus soli.
The basis for this right is found in the 14th Amendment, ratified in 1868, 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."Explore the full text of the 14th Amendment.
This amendment was created to rectify injustices such as the 1857 Dred Scott decision, which denied U.S. citizenship to Black individuals, including descendants of enslaved people.
Historical Precedent: The Wong Kim Ark Case
One of the most significant rulings affirming birthright citizenship came in the 1898 case of United States v. Wong Kim Ark. Wong Kim Ark, born in San Francisco to Chinese immigrant parents, was denied reentry into the U.S. after visiting China. The Supreme Court ruled in his favor, establishing a critical precedent that children born in the U.S., regardless of their parents' immigration status, are U.S. citizens. Read more about this landmark case.
Exceptions to Birthright Citizenship
While birthright citizenship is broadly applied, there are rare exceptions:
Indigenous Peoples: Until the Indian Citizenship Act of 1924, Indigenous peoples were excluded. Discover the history of this act.
American Samoa: People born in American Samoa are not automatically U.S. citizens unless Congress enacts specific legislation. Learn more about citizenship in U.S. territories.
Foreign Diplomats' Children: Children born to diplomats or enemy occupiers are not granted U.S. citizenship by birth.