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. 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.
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The 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.
The original US Constitution did not define national citizenship, leaving it to the states to apply their own rules. This led to inconsistent and often exclusionary standards across the country until after the Civil War.
The first federal citizenship law limited naturalization to white immigrants, excluding enslaved people, Indigenous communities, and most non-Europeans.
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.
Ratified 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.
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.
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.
Around 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.
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.
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.
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