Birthright citizenship in the United States is once again in the headlines.
Trump’s executive orders have started the debate about the relevance of birthright citizenship in the United States.
Here is everything you must know about birthright citizenship in the United States and its current situation.
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| Birthright Citizenship in the United States: eAskme |
Birthright Citizenship:
Anyone born within the United States territory gets birthright citizenship. The citizenship clause of the 14th Amendment to the United States Constitution made it clear that persons naturalized or born in the United States are citizens of the US.
Two forms of birthright citizenship in the United States
- Ancestral Citizenship
- Birthplace Citizenship
Both types of citizenship give "right of the soil," which is derived from the Latin term jus soli.
Meaning of jus soli:
Jus soli is a Latin term that means the right of the soil. It means that anyone born within the state’s jurisdiction gets citizenship by birth.
Before the 14th Amendment to the United States Constitution, US citizenship was denied to African Americans.
Fourteenth Amendment to the United States Constitution:
The Fourteenth Amendment to the United States Constitution (1868) declares that all persons born or naturalized in the US are subject to the citizens of America and the state where they are living. No state law can eliminate US citizenship of the person.
Current U.S. citizenship law:
The United States Constitution has given the power to handle citizenship matters into the hands of federal law.
On July 9, 1868, the 14th Amendment to the United States Constitution cleared the doubts about US citizenship.
Here is what it says.
Federal law 8 U.S. Code § 1401:
According to the 8 U.S. Code § 1401 law, a person gets US citizenship if he falls in any of the following categories:
- Born in the US are subject to jurisdiction.
- Person born within US territories.
- Born to Aleutian, Indian, Inuit, and other US tribes.
- Person found in the United States with unknown birth status.
- Person born to a United States citizen outside the USA.
It indicates that a person born within U.S. territories, outlying possessions, or U.S. water and airspace is eligible for American citizenship.
Citizenship Law by Percentage:
Citizenship Law has evolved and extended multiple times to protect US soil. According to the law, there are certain situations where a person outside the US can get birthright citizenship as an American citizen.
The Naturalization Acts of 1790, 1795, and 1798 extended the period for immigrants to become naturalized United States citizens.
In 1855, law extended US citizenship to persons born to American fathers but non-American mothers.
In 1934, it was added that persons born to citizen mothers with non-citizen fathers also get US citizenship.
Children born to overseas married couples:
There are certain conditions that a person get US citizenship if born to overseas parents:
- If both parents are U.S. citizens.
- One parent is a U.S. national, and another is a U.S. citizen. The U.S. parent must have spent at least one year in the United States before the birth of the person.
- One parent is a U.S. national, and another is a U.S. citizen. The U.S parent physically present in the U.S for at least 5 years before the birth of the child.
Person born to unmarried parents:
If the mother is an American citizen and lived within the U.S. for at least one year before birth.
If the father is physically present in the U.S. for a certain period.
President Donald Trump's Executive Actions to End Birthright Citizenship:
On January 20th, 2024, White House website published presidential actions article about the protection and meaning of American citizenship. It purposed the end of birthright citizenship.
According to the White House, the 14th Amendment was never intended to give US citizenship to everyone born within the USA.
The same day, 22 U.S. states and civil rights and immigrant advocacy organizations challenged Trump’s executive order in the court of law.
On 23rd January 2025, the federal judge blocked President Trump's executive order to take into action. According to the judge ending birthright citizenship is blatantly unconstitutional.
Conclusion:
Birthright citizenship in the United States has been the topic of debate for decades. Donald Trump already made it clear that he is trying to protect the meaning and value of American citizenship by ending birthright citizenship.
Stay tuned for more.
Other helpful resources:
