Nearly one in 11 babies born in the United States in 2023 had mothers who were either in violation of immigration laws or had only temporary legal status. Despite this, all of these children were granted U.S. citizenship by virtue of being born on American soil, a principle known as birthright citizenship or "jus soli" (Latin for "right of the soil").
In 2025, former President Trump attempted to end birthright citizenship through an executive order, arguing that the 14th Amendment's citizenship clause should not apply to children born to parents unlawfully present or with only temporary lawful status if the father was not a U.S. citizen or lawful permanent resident.
However, the Supreme Court recently held in Trump v. Barbara that the 14th Amendment does grant citizenship to nearly everyone born in the U.S., regardless of their parents' immigration status. The Court did not address whether birthright citizenship is good policy.
Historically, birthright citizenship in the U.S. predates the 14th Amendment. Before the American Revolution, colonists were subjects of the English king. After independence, they adopted birthright citizenship without fanfare, transitioning from subjects of the sovereign to citizens of the states. This understanding remained unchanged until 1857, when the Supreme Court issued its decision in Dred Scott v. Sandford.
The 14th Amendment states: "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."
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