Why does America have birthright citizenship?

It aids assimilation and is more widespread than the administration admits

7/5/25

By Mediabuzz

America has birthright citizenship because of the 14th Amendment to the U.S. Constitution, specifically the Citizenship Clause, which was ratified in 1868. The key sentence reads:

“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.”

Historical Context:

• The 14th Amendment was passed after the Civil War to ensure that formerly enslaved people were granted full U.S. citizenship.

• It overturned the Supreme Court’s Dred Scott decision (1857), which had ruled that African Americans could not be citizens.

Legal Interpretation:

• The phrase “subject to the jurisdiction thereof” has been interpreted to mean that nearly all people born in the U.S.—regardless of their parents' citizenship or immigration status—are granted citizenship at birth.

• The Supreme Court case United States v. Wong Kim Ark (1898) upheld this interpretation, ruling that a child born in the U.S. to non-citizen parents (legally residing in the U.S.) was still a citizen by birth.

  Broader Principles:

• Birthright citizenship reflects America’s commitment to jus soli ("right of the soil"), contrasting with jus sanguinis ("right of blood") used in many other countries.

• It supports values like equality, inclusion, and clear legal status at birth, avoiding the problem of statelessness.

Would you like to explore how birthright citizenship compares globally or any current debates around it?