Birthright citizenship is the principle that any child born on U.S. soil automatically acquires American citizenship, regardless of their parents’ citizenship or immigration status. This practice is rooted in the Citizenship Clause of the 14th Amendment to the U.S. Constitution, which states:
“All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States…”
Historically, this clause has been interpreted to grant citizenship to nearly all children born in the U.S., with few exceptions such as children born to foreign diplomats or enemy forces during wartime. A landmark case, United States v. Wong Kim Ark (1898), affirmed that a child born in the U.S. to foreign parents who were not diplomats or hostile aliens is a U.S. citizen by birth.
In recent years, birthright citizenship has been a subject of political and legal debate. On January 20, 2025, President Donald Trump signed Executive Order 14160, titled “Protecting the Meaning and Value of American Citizenship,” aiming to end birthright citizenship for children born in the U.S. to parents without legal permanent residency or citizenship. The order sought to reinterpret the 14th Amendment’s Citizenship Clause, asserting that such children should not automatically receive citizenship.
This executive order faced immediate legal challenges. Federal judges in Washington, Maryland, and Massachusetts issued nationwide preliminary injunctions blocking its enforcement, labeling the order as “blatantly unconstitutional” and conflicting with established interpretations of the 14th Amendment.
In response, the Trump administration appealed to the U.S. Supreme Court, seeking to lift these injunctions and implement the restrictions. The administration argued that the lower courts overstepped their authority by issuing nationwide injunctions and contended that the executive order was a valid interpretation of the 14th Amendment.
The Supreme Court’s decision on this matter will have significant implications for the future of birthright citizenship in the United States.