Birthright Citizenship, Explained

Legal challenges to President Trump’s executive order attempting to end birthright citizenship are ongoing. A Brennan Center explainer breaks down what to know as the court cases unfold, including why the Constitution has a Citizenship Clause, what it says, and what ending birthright citizenship could mean for all Americans. Birthright Citizenship Under the U.S. Constitution – On his first day in office, President Trump issued an executive order attempting to end the 14th Amendment’s guarantee of birthright citizenship. State attorneys general, civil rights organizations, and immigrant rights groups soon filed lawsuits challenging the order in federal courts around the country. Here’s what to know about birthright citizenship as these cases play out. What does the 14th Amendment say about birthright citizenship? Section 1 of the 14th 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.” All three branches of government have long interpreted this language to signal a broad grant of citizenship. In keeping with that understanding, the Supreme Court ruled in the 1898 case United States v. Wong Kim Ark that the 14th Amendment guarantees birthright citizenship to anyone born in the United States, including the children of parents who are not U.S. citizens. There are only a few narrow exceptions — for instance, U.S.-born children of foreign ambassadors would not be considered American citizens.

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