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Born in the U.S.A.: Protecting the right of birthright citizenship

Born in the U.S.A.: Protecting the right of birthright citizenship

Summary

The 14th Amendment of the U.S. Constitution says anyone born in the United States is automatically a citizen, except for children of diplomats and invading armies. In January 2025, President Donald Trump issued an order to block citizenship for most children born to parents in the U.S. illegally, but courts have stopped this order, and the Supreme Court is now reviewing the case.

Key Facts

  • The 14th Amendment guarantees birthright citizenship to almost everyone born in the U.S.
  • Exceptions include children of foreign diplomats and members of invading armies.
  • About 250,000 children born annually to undocumented immigrants could lose citizenship if President Trump’s order is upheld.
  • President Trump’s executive order claims the 14th Amendment has never meant universal birthright citizenship.
  • A lower court blocked the order, and the Supreme Court is now deciding the issue.
  • The Supreme Court first ruled on citizenship in the 1857 Dred Scott case, which denied citizenship to Black people, but the 14th Amendment later overturned that.
  • The 1898 case of Wong Kim Ark confirmed birthright citizenship for a U.S.-born child of Chinese immigrants.
  • There is public debate, with polls showing Americans split almost evenly on birthright citizenship for children of undocumented immigrants.
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