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Birthright CitizenshipBirthright citizenship is the principle that a person acquires citizenship by being born within a country's territory, regardless of parental nationality or immigration status. In the United States, this practice—known as jus soli ("right of the soil")—was established by the Constitution's 14th Amendment, ratified in 1868. The amendment was adopted after the Civil War to resolve questions of legal status and to ensure citizenship for formerly enslaved people. It also shifted authority over citizenship from individual states to the federal government. In United States v. Wong Kim Ark (1898), the Supreme Court set a clear precedent that anyone born in the United States, regardless of their parents' immigration status, is a citizen at birth. The concept is relatively rare among developed democracies, which typically base citizenship on ancestry (jus sanguinis). Throughout American history, birthright citizenship has periodically been the subject of legal and political debate, especially during periods of heightened immigration or shifts in national policy.Explore Birthright Citizenship

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A poll from May 2025 found that a majority of Americans oppose ending birthright citizenshipAs 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. IPSOS Experts believe a Supreme Court ruling on birthright citizenship is likely in 2026In 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. SCOTUS Blog Courts have blocked the Trump administration's 2025 executive order limiting birthright citizenshipIn 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. SCOTUS Blog 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. Prager U President Donald Trump signed an executive order in 2025 to restrict birthright citizenshipIn 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. The Trump White House Unconditional birthright citizenship is rare outside the AmericasAround 30 countries, mostly in the Americas, grant automatic citizenship by birthplace. Elsewhere—especially in Europe, Asia, and Africa—citizenship typically follows jus sanguinis, based on parental descent rather than location of birth. BBC An 1898 Supreme Court case confirmed birthright citizenship for children of immigrantsIn 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 Washington Post Birthright citizenship grants citizenship to those born on a country's soilThe United States grants citizenship to individuals born in its territory—excluding the children of foreign diplomats and those born in American Samoa—regardless of their parents' citizenship status. This principle—known as jus soli—was established in the 14th Amendment, ratified in 1868. Vox The 14th Amendment established birthright citizenship and equal protection under lawRatified in 1868, the 14th Amendment guaranteed citizenship to all people born in the United States and required states to provide equal protection—overturning the Dred Scott decision, which had declared that Black Americans could never be citizens or claim constitutional rights. National Constitution Center Birthright citizenship guarantees US citizenship to anyone born on US soilRooted 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. Council on Foreign Relations The 14th Amendment aimed to guarantee citizenship for formerly enslaved peopleThe 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. National Archives The Supreme Court limited federal judges' power to issue nationwide injunctions in 2025In 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. PBS

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