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United States citizenship can be acquired by birthright in two situations: by virtue of the person's birth within United States territory or because at least one of their parents was a U.S. citizen at the time of the person's birth.
In general, a person born outside of the United States may acquire citizenship at birth if all of the following requirements are met at the time of the person’s birth: The person meets all other applicable requirements under either INA 301 or INA 309.
Under the new amendment, citizenship was granted to "all persons born or naturalized in the United States," a direct response to former slaves' uncertain status. 1 Once adopted, the 14th Amendment became a foundational text for future civil rights advancements in the US.
In the U.S., children obtain their citizenship at birth through the legal principle of jus soli (“right of the soil”)—that is, being born on U.S. soil—or jus sanguinis ("right of blood”)—that...
For over a century, the United States has applied the principle of jus soli, or birthplace-based citizenship, to grant American citizenship to anyone born on U.S. territory regardless of their parent’s immigration status.
birthright citizenship—primarily, attempting to deny it to children born in the United States to undocumented immigrant parents. In 2019, then-President Donald Trump announced to reporters that he was looking “very seriously” at ending birthright citizenship, a warning that lacked details and did not come to fruition.2
Finally, the Republican Congress enshrined the principle of birthright citizenship in America’s first major civil rights law, the Civil Rights Act of 1866. Two months later, Congress included...
It clearly states that American citizenship is a birthright for all people who are born on American soil. Two experts in constitutional and immigration law walk us through it.
Ratified in 1868 in the wake of the Civil War to ensure the citizenship of all free African Americans, it states: “All persons born or naturalized in the United States, and subject to the...
Who is eligible for birthright citizenship? Can birthright citizenship be taken away? This fact sheet explains birthright citizenship, the Fourteenth Amendment, and its interpretations.