Birthright citizenship is a legal principle that grants automatic citizenship to anyone born in a country, regardless of their parents' nationality or immigration status.
Birthright citizenship is guaranteed under the U.S. Constitution. It’s granted via birth certificate, and is an essential vital record for children of non-U.S. citizens who were born in the country.
Birthright Citizenship in the U.S. Constitution
The concept of birthright citizenship in the United States originates from the 14th Amendment. It was introduced in 1868 to ensure citizenship rights for formerly enslaved people and their descendants.
The 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.”
The phrase “subject to the jurisdiction thereof” has been a point of legal debate. It’s currently understood to apply to everyone born on U.S. soil, excluding children born to foreign diplomats or enemy forces.
Recent political discussions on birthright citizenship
Birthright citizenship has been a subject of political debate in the United States. In recent years, questions have been raised about whether it should continue to apply to children of non-citizen or undocumented parents.
During his 2017–2021 presidency, Donald Trump suggested ending birthright citizenship for children of undocumented immigrants via executive action, meaning that approval from Congress would not be required.
However, no such action was taken, and birthright citizenship remains protected under the 14th Amendment.
How Is Birthright Citizenship Authorized?
For U.S.-born individuals, birthright citizenship is documented with a birth certificate. Your birth certificate is issued by the state where you were born and includes a state-specific record number.
This serves as proof of citizenship and is required to apply for other vital records such as:
- Driver’s license
- U.S. passport
- Social Security Number (SSN)
To access services or rights granted to citizens of the United States, such as voting in an election, you may be required to present your birth certificate as evidence of your birthright status.
If you lose or misplace your original birth certificate, it’s possible to apply for a replacement.
Birthright Citizenship Vs. Derived Citizenship
Birthright citizenship differs from derived citizenship, though they are both legal rights entitling a person to be a United States citizen. Birthright citizenship is automatically granted to anyone born on U.S. soil, regardless of their parents' nationality.
However, derived citizenship is obtained through a parent who becomes a U.S. citizen. For example, a child born abroad can apply for citizenship when their parent naturalizes and completes the legal process to become a U.S. citizen.
This involves meeting specific requirements, including living in the U.S., passing a citizenship test, and taking the Oath of Allegiance.
Which Countries Have Birthright Citizenship?
Birthright citizenship is also known as jus soli — Latin for “right of the soil”. The U.S. practices unconditional jus soli, meaning all children born in the country are entitled to American citizenship, whatever the immigration status or nationality of their parents.
From country to country, the rules on birthright to national citizenship vary:
| International Birthright Citizenship Policies | More Details |
| Unconditional jus soli
Citizenship for all children born in the country |
Nations like Canada and Argentina grant automatic citizenship to all people born within their borders. |
| Conditional jus soli
Citizenship for some children born in the country |
Countries such as France and Germany require additional criteria, such as parental residency, for citizenship at birth. |
| No jus soli
Citizenship not granted to children of foreign parents |
Nations like Japan and China, do not recognize jus soli as a basis for citizenship. |
In countries where birthright citizenship is not granted, the concept of jus sanguinis applies — Latin for “right of blood”. This means that citizenship is determined by the nationality of one or both parents rather than the place of birth.
