What is Birthright Citizenship?
Birthright citizenship is a legal principle under which citizenship is automatically granted to individuals upon birth. There are two forms of birthright citizenship: ancestry-based citizenship and birthplace-based citizenship. Birthplace-based citizenship, which grants citizenship based on place of birth, is formally referred to as jus soli, a Latin term meaning "right of the soil."
In the United States, birthright citizenship is guaranteed by the Fourteenth Amendment to the Constitution. Specifically, it states that "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 principle was confirmed by the 1898 Supreme Court case United States v. Wong Kim Ark, which clarified that children born in the U.S. to immigrant parents are citizens, regardless of their parents' immigration status.
The U.S. employs a combination of:
- Unrestricted birthplace-based citizenship (jus soli): Granting citizenship to anyone born on U.S. soil, regardless of their parents' status, with exceptions like children of foreign diplomats.]
- Restricted ancestry-based citizenship (jus sanguinis): Extending citizenship to children born abroad to U.S. citizens, provided statutory requirements are met.
Globally, birthright citizenship is common in the Americas but less so in other regions. The historical foundation of this principle in the U.S. reflects its aim to eliminate legal inequalities and promote inclusivity
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Eliminating birthright citizenship would do nothing to solve our immigration issues. In fact, it could have the opposite effect by increasing the size of the undocumented population.
The 14th Amendment to the Constitution is enshrined in U.S. history as the cornerstone of American civil rights, ensuring due process and equal protection under the law to all persons.
