The Supreme Court is preparing to hear arguments regarding the scope of birthright citizenship in the United States. The case centers on whether President Donald Trump possesses the authority to withhold citizenship from children born on U.S. soil to parents residing in the country illegally or temporarily.

Constitutional Basis of U.S. Birthright Citizenship

The 14th Amendment and Jus Soli

Birthright citizenship, known legally as jus soli or “right of soil,” has been a fixture of U.S. law for over a century. This principle was formally established in the Constitution following the Civil War, partly to ensure citizenship for formerly enslaved people.

The 14th Amendment explicitly states: “All persons born or naturalized in the United States and subject to the jurisdiction thereof, are citizens of the United States.” A landmark case involving Wong Kim Ark, born in the U.S. to Chinese parents, confirmed that this grants citizenship regardless of parental legal status.

Currently, the only exceptions to this rule in the U.S. generally involve children born to foreign diplomats stationed in the country.

Global Perspectives on Citizenship by Birth

The Dominance of Jus Sanguinis

The American guarantee of jus soli is uncommon worldwide. Only about three dozen nations, predominantly in the Americas, grant automatic citizenship based solely on being born on their territory.

Most countries adhere to jus sanguinis, or “right of blood,” where citizenship is determined by the parents’ nationality, irrespective of the birthplace. For instance, none of the 27 European Union member states automatically confer citizenship on children born there to foreign parents.

Hybrid and Evolving Citizenship Laws

Some nations employ a combination of factors, including parental residency, ethnicity, and parenthood, to determine citizenship.

Australia serves as an example of a country that shifted its policy. It previously offered unconditional birthright citizenship until August 1986. After that date, children born there required at least one parent to be an Australian citizen or permanent resident to qualify.

Germany also utilizes a mixed approach. Until recently, citizenship required at least one parent to be German. However, starting in 2024, children born in Germany to non-German parents automatically receive German citizenship if one parent has maintained legal residency for over five years.

The German government cited studies showing that earlier citizenship grants improve educational outcomes for children with migration backgrounds.

The Core of the Looming Supreme Court Debate

Supporters advocating for restrictions on U.S. birthright citizenship focus their argument on a specific phrase within the 14th Amendment: “subject to the jurisdiction thereof.” They contend that this clause permits the government to exclude children born to individuals unlawfully present in the country.