Birthright citizenship is the principle that a person acquires citizenship by being born within a country's territory, regardless of parental nationality or immigration status.

Birthright citizenship guarantees US citizenship to anyone born on US soil

Rooted in the 14th Amendment, birthright citizenship prevents the creation of a permanent noncitizen class by granting citizenship at birth, but it has become a focal point of modern political efforts to restrict immigration.

Unconditional birthright citizenship is rare outside the Americas.

Ratified in 1868, the 14th Amendment guaranteed citizenship to all people born in the United States and required states to provide equal legal protection to all.

Advocates for restricting birthright citizenship argue that some parents aren't 'fully subject to US jurisdiction'

Proponents of limiting birthright citizenship claim that undocumented immigrants and temporary visa holders do not meet the 14th Amendment's "subject to the jurisdiction" requirement, arguing their allegiance remains with another country.

Early American citizenship was defined inconsistently by individual states.

An 1898 Supreme Court case confirmed birthright citizenship for children of immigrants

In 1898, the Supreme Court ruled that the 14th Amendment guaranteed US citizenship to Wong Kim Ark, born in San Francisco to Chinese immigrants—establishing a lasting precedent for birthright citizenship regardless of parental status.

The 14th Amendment aimed to guarantee citizenship for formerly enslaved people

The 14th Amendment was crafted to overturn Dred Scott by granting birthright citizenship to formerly enslaved people and their descendants, securing their legal status under federal law.

Experts believe a Supreme Court ruling on birthright citizenship is likely in 2026

In September 2025, the Trump administration asked the Supreme Court to review lower court rulings striking down its executive order on birthright citizenship. If the court takes the case, a decision is expected by mid-2026.

Native Americans were not granted US citizenship until 1924

The Indian Citizenship Act granted citizenship to all Native Americans born in the US, more than 130 years after the Constitution's ratification. Even then, some states continued to deny Native Americans the right to vote for decades.

President Donald Trump signed an executive order in 2025 to restrict birthright citizenship

In 2025, President Trump signed an order attempting to end automatic citizenship for children born to undocumented immigrants or temporary visa holders—limiting it to those with a US citizen or permanent resident parent.

A poll from May 2025 found that a majority of Americans oppose ending birthright citizenship

As legal challenges progressed, a May 2025 NPR/Ipsos poll showed fewer than one-third of Americans supported eliminating birthright citizenship, despite broader public backing for other immigration restrictions.

Courts have blocked the Trump administration's 2025 executive order limiting birthright citizenship

In June 2025, the Supreme Court declined to rule on the constitutionality of the order. Since then, two federal appellate courts have found the order unconstitutional, halting its enforcement nationwide.

The Nationality Act of 1790 restricted new citizenship to 'free white persons'

The first federal citizenship law limited naturalization to white immigrants, excluding enslaved people, Indigenous communities, and most non-Europeans.

Before 1965, US immigration law relied on nationality-based bans and quotas.

The Dred Scott decision denied citizenship to people of African descent

In 1857, the Supreme Court ruled in Dred Scott v. Sandford that Black Americans could not be US citizens. The decision heightened an already brewing conflict and became a key factor in pushing the nation toward civil war.

See the origins of the foreign-born population of the United States from 1850 to 2020.

Voting rights expanded from 6% of Americans in 1789 to nearly all adult citizens today.

An 1873 Supreme Court case about slaughterhouses weakened parts of the 14th Amendment

In 1873, the Supreme Court's Slaughterhouse Cases ruled that the 14th Amendment's "privileges or immunities" clause protected only federal—not state—citizenship rights, greatly limiting the amendment's power to safeguard enslaved people from state discrimination.

Connecticut recently became the first state to create and launch a baby bond program, a government-funded savings or investment account that is seeded when a child is born.

What are baby bonds?

In 2008, Hillary Clinton proposed giving every US newborn a $5,000 government-funded trust, often called a “baby bond,” to help low-income families build long-term wealth. Supporters said it could reduce wealth inequality, while critics argued existing programs like the Child Tax Credit offered similar benefits.

A timeline of US immigration laws

The United States began regulating immigration soon after it won independence from Great Britain, and the laws since enacted have reflected the politics and migrant flows of the times. Here's a timeline of key immigration laws from 1790 to 2014, according to the Pew Research Center.

The US Constitution is widely regarded as the longest-standing written national constitution still in force—see how it has influenced rights worldwide.

This interactive tool from the National Constitution Center allows you to compare constitutional rights globally, highlighting which countries have adopted protections similar to those in the US Constitution—and how shared principles manifest in different legal forms around the world.

The Ninth Amendment clarifies that people hold additional rights, not granted by the Constitution

The Founders worried that listing specific rights might imply that others didn't exist. The Ninth clarifies that unenumerated rights are retained by the people, making it one of the most philosophical and least litigated amendments.

The 1965 Immigration and Nationality Act abolished national-origin quotas and transformed the demographics of America

Following decades of citizens pressing for reform, President Johnson signed legislation abolishing national-origin quotas, enabling increased immigration from Asia and Africa. The LBJ Presidential Library features photos, videos, audio clips, and text from the 1965 signing ceremony.

'Statelessness: Citizens of Nowhere' podcast examines how statelessness erodes identity

This podcast series explores how millions live without citizenship or legal status. Through expert interviews and personal stories, it examines how history, borders, and policy can leave entire populations without citizenship and rights.

The Supreme Court limited federal judges' power to issue nationwide injunctions in 2025

In a 2025 decision arising from litigation over a presidential order on birthright citizenship, the Supreme Court held that individual federal judges may not nationwide block executive policies—curbing the use of sweeping injunctions and reshaping how constitutional challenges proceed through the courts.

The first time the US federally barred immigration based on nationality

Watch this six-minute video to learn about the Chinese Exclusion Act of 1882, which was the first federal law to bar immigration explicitly because of nationality.

Can you pass the US Civics quiz?

To become a naturalized US citizen, you must answer 10 questions out of a pool of 100, with at least six being correct in order to pass. It's commonly said that many natural-born American citizens would likely not do so well on the test. To get a sense of the questions asked, challenge yourself with 10 civics questions with this fun quiz from the AP to see how you'd do on the all-important naturalization test.

The Bill of Rights was designed to protect individuals from the power of the federal government

When the Bill of Rights was ratified in 1791, its protections applied only to the federal government. It wasn't until the 14th Amendment (1868) and the Supreme Court's doctrine of selective incorporation that most provisions were extended to state governments—a process that began in 1925.

In the US, 3.6 million babies were born in 2023

That year, about 40% of the babies were born to unmarried parents, and about 32% of the births were born via cesarean. On average, mothers were 27.5 years old when they had their first child.

In the US, any court can rule on constitutionality—unlike in most other countries

In the American system, known as diffuse judicial review, federal and state courts at every level may assess whether laws comply with the Constitution, and their decisions are ultimately reviewable by the Supreme Court. Many other democracies, by contrast, reserve constitutional review to specialized constitutional courts.

DACA provides temporary protection for undocumented youth brought to America as children

Created by executive order during the Obama administration, the Deferred Action for Childhood Arrivals policy provides temporary deportation protection and work authorization for undocumented individuals brought to the US as children. Explore the history and ongoing political debates surrounding DACA and citizenship pathways.

The 1924 Immigration Act established national-origin quotas favoring certain regions

The Johnson-Reed Act established stringent national-origin quotas favoring northern and Western Europeans while restricting immigration from other regions. This article chronicles the act's origins, its implications, and subsequent efforts to overturn these restrictions.

Multiple legal pathways exist for immigrating to the United States

This comprehensive guide outlines various routes to US immigration, including family-sponsored and employment-based visas, as well as humanitarian protections. Navigate the complex American immigration system and understand the options available to prospective immigrants seeking legal entry.

What are the universal human rights?

This video outlines what basic human rights are, who gets to pick them, who enforces them, and how. The basic idea of human rights states that each of us is entitled to the same basic rights and freedoms, no matter who we are or where we are born....

On the role of 'Citizenship In A Republic'

After finishing a Smithsonian-sponsored expedition to East Africa, US President Theodore Roosevelt stopped by Paris and gave a speech about the responsibilities an ordinary citizen has to their republic. Citizens must know there is no effort without error, knowing they "fail while daring greatly" in pursuit of a truly democratic republic. This podcast series on powerful speeches across history is written and narrated by historian and author Jon Meacham.

The US officially adopted an income tax in 1913

The US first levied income taxes during the Civil War, but modern income taxes became an American fixture in 1913. Two years earlier, Congress passed the 16th Amendment to give the government the right to tax individuals' and businesses' income. The US still technically levies the same federal income tax now as it did then—though it's evolved.

Track the changes in US immigration law throughout history

This interactive timeline tracks the development of US immigration law, overlaid with time-series data on percentages of the foreign-born population. Explore how each major policy development correlated with immigration levels, revealing the relationship between legislation and demographic change.

The Chinese Exclusion Act was America's first major immigration restriction

The act, signed in 1882, barred Chinese laborers from entering the United States, marking the first significant restriction on free immigration. This overview examines 19th-century Chinese immigration, rising anti-Chinese sentiment, and the diplomatic implications of exclusionary legislation.