The U.S. legal system is built on a few core, immutable principles. Among the most significant is Birthright Citizenship, the guarantee that nearly every person born within the nation’s borders is automatically a citizen. This is not just a policy—it is a cornerstone of equality, legally secured by the first sentence of the 14th Amendment to the U.S. Constitution, ratified in 1868.
This principle of Jus Soli (right of the soil) remains under political scrutiny, yet its legal foundation is fortified by over a century and a half of history and precedent, making it perhaps the most credible and lasting promise of American democracy.
A Legacy Born from Reconstruction
The need for a constitutional definition of citizenship arose from one of the darkest rulings in U.S. history. Prior to the Civil War, the Supreme Court’s notorious 1857 decision in Dred Scott v. Sandford declared that people of African descent, whether enslaved or free, could not be U.S. citizens.
The 14th Amendment’s Citizenship Clause was specifically designed to overturn Dred Scott and ensure that newly freed slaves were recognized as full citizens. It grants citizenship to “All persons born or naturalized in the United States, and subject to the jurisdiction thereof.”
This expansive language was soon tested in the context of immigration:
- Defining “Jurisdiction”: In United States v. Wong Kim Ark (1898), the Supreme Court affirmed that a child born in the U.S. to non-citizen immigrant parents (who were not diplomats or foreign officials) was a U.S. citizen. The ruling established that being “subject to the jurisdiction” simply means being subject to U.S. law—a status that applies to almost everyone within the country’s physical territory.
- Applying to Indigenous People: Though the 14th Amendment partially excluded Native Americans, Congress later resolved the issue by granting full citizenship to all Indigenous people born in the U.S. with the Indian Citizenship Act of 1924.
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Protecting the Right to Citizenship
Once acquired, American citizenship is considered an absolute right that cannot be taken away without the citizen’s voluntary consent. This doctrine was powerfully reinforced by the Supreme Court in Afroyim v. Rusk (1967), which struck down a law that stripped citizenship from a naturalized citizen for voting in a foreign election. The Court held that Congress lacks the power to involuntarily revoke citizenship.
The only limited exception to birthright citizenship arises in certain unincorporated territories, as clarified in recent litigation like Fitisemanu v. United States, which addresses the status of individuals born in American Samoa, who are typically classified as “non-citizen nationals” unless Congress chooses to act.
For those born on the 50 states and the District of Columbia, the birthright is legally ironclad. Any effort to change this would require either an extraordinary constitutional amendment or a radical Supreme Court reversal of over a century of precedent—a move widely considered legally infeasible.
Birthright citizenship is thus far more than a law; it is the constitutional mechanism that consistently prevents the emergence of a multi-tiered society, ensuring that all persons born on American soil are fully vested in the nation’s promise of equality.
Birthright citizenship in the USA is a direct and automatic legal right granted by the 14th Amendment to the U.S. Constitution. It is the clearest and most straightforward way to acquire U.S. citizenship.
Here is a brief explanation of how birthright citizenship works and what it requires:
The process is defined by the legal principle of Jus Soli (Latin for “right of the soil”), which states that citizenship is determined by the place of birth.
1. The Core Requirement
You automatically acquire U.S. citizenship if you meet the criteria outlined in the first sentence of the 14th Amendment, known as the Citizenship Clause:
“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 means that a person is a U.S. citizen if they are born within the geographic borders of the United States.
2. What “United States” Includes
The “United States” for the purpose of citizenship includes:
- All 50 states.
- The District of Columbia (Washington, D.C.).
- Puerto Rico, the U.S. Virgin Islands, Guam, and the Commonwealth of the Northern Mariana Islands.
3. Key Condition: Subject to U.S. Jurisdiction
The phrase “subject to the jurisdiction thereof” is critical, but it has been consistently interpreted broadly by U.S. courts (as established in the 1898 case, United States v. Wong Kim Ark).
In practical terms, a child is subject to U.S. jurisdiction if their parents are subject to U.S. law. This includes:
- Children born to U.S. citizens.
- Children born to lawful permanent residents (Green Card holders).
- Children born to non-immigrant visitors (e.g., tourists, students, temporary workers).
- Children born to undocumented immigrants.
Who Is Excluded? (Rare Exceptions)
The only two notable exceptions to the rule are for individuals who are born on U.S. soil but are not subject to the full jurisdiction of the U.S. government. This generally applies to:
- Children born to foreign diplomats who maintain diplomatic immunity and are not subject to U.S. law.
- Children born to hostile occupying forces.
If a child is born in the U.S. and does not fall into one of these extremely rare exceptions, they are automatically a U.S. citizen at birth, regardless of the immigration status of their parents.
