Citizenship Defined by the Fourteenth Amendment
The principle of inherent citizenship is articulated in the opening line of the Fourteenth Amendment: “All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are nationals of the United States and the state in which they reside.” This establishes that anyone born in the U.S. automatically acquires citizenship at birth, irrespective of their parents’ status, as outlined by Amanda Frost, a law professor at the University of Virginia. Frost adds that there are only a few exceptional cases, such as diplomats and children of occupying forces. For nearly everyone else, citizenship is guaranteed at birth.
Public Opinion on Birthright Citizenship
Despite the clarity in the constitutional interpretation of the citizenship clause, a Pew Research Center poll reveals a nearly equal division among Americans regarding citizenship for children of illegal immigrants. According to the poll, 50% support granting citizenship at birth to these children, while 49% oppose it.
Presidential Action and Court Challenges
In January 2025, President Trump issued an executive order asserting that the Fourteenth Amendment has never been interpreted to universally grant citizenship to all individuals born in the United States. This order would strip citizenship from the majority of children born to undocumented or temporary residents, potentially affecting around 250,000 children annually. Currently, the order is blocked by a lower court and is now under review by the Supreme Court.
The Legacy of Dred Scott v. Sandford
The Supreme Court’s engagement with civil rights issues reaches back nearly 170 years to the controversial Dred Scott v. Sandford decision, widely regarded as one of its most disgraceful judgments. Frost notes that in this 1857 ruling, the Court declared that no person of African descent, whether enslaved or free, could ever be a citizen of the United States. Chief Justice Taney, who authored the opinion, ironically suggested that dissatisfied constituents amend the Constitution—a change that indeed occurred post-Civil War with the ratification of the Fourteenth Amendment.
Wong Kim Ark: A Turning Point in Citizenship Rights
Fast forward thirty years, and the Supreme Court heard the landmark case of Wong Kim Ark, who was born in San Francisco to Chinese parents. After traveling to China, Wong was denied re-entry into the United States. He asserted his rights as an American citizen, and the Court ultimately ruled in his favor, thereby clarifying the issue of birthright citizenship for the time being. However, challenges to this ruling soon surfaced.
Contemporary Debates About Citizenship
Political scientist Rogers Smith points out that the citizenship clause, while concise, does not address numerous contemporaneous issues, particularly concerning undocumented children. Smith, whose scholarship has been cited by proponents of restricting citizenship, paradoxically opposes such measures. His belief is that Congress, not the courts, should dictate these policies, emphasizing that the American public deserves representation in these crucial discussions.
Global Trends and Personal Experiences with Citizenship
While birthright citizenship remains prevalent in the Americas, many nations are moving away from this practice. For example, in January 2005, Ireland abolished birthright citizenship after a significant majority voted in favor of the change. Mariam Sobayo, who was born in Dublin to Nigerian immigrants just after this law was enacted, reflects on her complex experience. Although she longed for the simple joy of visiting Disneyland with her family, Sobayo realized she lacked a passport and remained stateless, despite having grown up learning the Irish language and culture.
Finding Belonging in a New Context
After navigating a complicated citizenship process, Sobayo finally became an Irish citizen at the age of 18 in August 2023. Her newfound status brought immense relief, allowing her the freedom to travel and explore opportunities that had previously seemed out of reach. This personal journey encapsulates the intricate nature of immigration and citizenship in today’s world. Frost emphasizes that the discussion surrounding birthright citizenship is essential, arguing that the practice aligns with America’s core values of equality and inclusion, as outlined in its founding documents.
