What is Birthright Citizenship in the USA?

December 21, 2024

Birthright citizenship in the United States guarantees automatic citizenship to anyone born on American soil and is rooted in the 14th Amendment, ratified in 1868, which affirms that all individuals born or naturalized in the U.S. are citizens. The Immigration and Nationality Act of 1952 reinforces this definition.

Citizenship for Children of Undocumented Immigrants

Children born in the U.S. to undocumented parents are still granted citizenship. Recent estimates indicate that there are approximately 13 to 14 million undocumented immigrants in the country. This statistic marks the number of individuals affected by birthright citizenship.

Exceptions to Birthright Citizenship

Certain exceptions exist regarding birthright citizenship. Children born to foreign diplomats are not considered citizens due to their parents’ diplomatic immunity. This immunity means they are not fully subject to U.S. laws.

Supreme Court Rulings and Historical Context

The Supreme Court has not definitively ruled on the citizenship status of children born to undocumented parents. However, historical cases provide context. In 1898, the Court ruled that a child born to lawful Chinese immigrants was a citizen. Conversely, in 1884, a Native American born into a tribe was denied citizenship until Congress granted it in 1924.

Opposition to Birthright Citizenship

Critics argue that the phrase “subject to the jurisdiction” in the 14th Amendment excludes children of undocumented immigrants. Some lawmakers have proposed legislation to deny citizenship to these children. Legal experts largely disagree, asserting that all individuals in the U.S., regardless of status, are subject to its laws.

Potential Changes to Birthright Citizenship

Former President Trump suggested altering birthright citizenship through an executive order. His proposal included requiring at least one parent to be a U.S. citizen or permanent resident. Legal experts believe such an order would face legal challenges and could be blocked by courts. Amending the Constitution to change this practice would necessitate a lengthy process involving Congress and state legislatures.

GKToday Notes:
14th Amendment: Ratified in 1868, it guarantees citizenship to all born or naturalised in the U.S. It is a mainstay of birthright citizenship in America.
Immigration and Nationality Act of 1952: This act defines citizenship similarly to the 14th Amendment. It solidifies the legal framework for immigration and naturalisation in the United States.
Diplomatic Immunity: Foreign diplomats and their children are exempt from U.S. laws. This immunity prevents their children from acquiring birthright citizenship while in the country.
Native American Citizenship Act of 1924: This act granted U.S. citizenship to Native Americans. It rectified the previous exclusion of Native Americans from citizenship rights.

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