Birthright Citizenship: What Immigrants Need to Know

Birthright citizenship, rooted in the 14th Amendment, guarantees U.S. citizenship to nearly all children born on American soil regardless of their parents’ immigration status. Although an executive order signed by President Trump in January 2025 seeks to limit this right, it has been heard oral arguments on April 1, 2026, and a decision is expected by summer 2026.

What is birthright citizenship (jus soli)?

Birthright citizenship, also called jus soli (Latin for “right of the soil”), is the legal principle that grants citizenship to anyone born within a country’s territory, regardless of their parents’ nationality or immigration status.

The U.S. 14th Amendment

In the United States, birthright citizenship is guaranteed by the 14th Amendment, ratified in 1868:

“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.”

This amendment overturned the 1857 Dred Scott v. Sandford decision, which ruled that people of African descent could not be American citizens. It established automatic citizenship for anyone born on U.S. soil, securing citizenship rights for formerly enslaved people following the Civil War.

Historical origins and Lynch v. Clarke

Birthright citizenship has roots in English common law, predating American independence. The 1844 New York case Lynch v. Clarke established this principle before the 14th Amendment. Julia Lynch was born in New York to Irish parents who were in the U.S. temporarily. After her birth, the family returned to Ireland, where Lynch lived for twenty years. 

When an inheritance dispute arose, the court ruled Lynch was an American citizen by birth, regardless of her parents’ temporary status.

Judge Lewis Sandford wrote: “I can entertain no doubt, but that by the law of the United States, every person born within the dominions and allegiance of the United States, whatever were the situation of his parents, is a natural born citizen.”

The ruling established that birthright citizenship applied to children of immigrants and temporary visitors—not just citizens. The 14th Amendment later constitutionalized this principle.

The domicile argument: What’s at stake in Trump v. Barbara

The phrase “subject to the jurisdiction thereof” in the 14th Amendment has been understood to cover virtually everyone on U.S. soil, with narrow exceptions for diplomats and foreign military. 

In Trump v. Barbara, the administration is asking the Supreme Court to read it more narrowly. The government argues that “jurisdiction” should be tied to the concept of “lawful domicile,” which is the idea that a person must live in the U.S. permanently and with legal authorization. Under this reading, parents who are undocumented or present on temporary visas cannot establish domicile, so their U.S.-born children would not be considered citizens.

Critics of this theory point out that the word “domicile” does not appear anywhere in the Citizenship Clause; that the concept of domicile was developed for unrelated legal purposes like taxation and court jurisdiction; and that the Supreme Court’s 1898 decision in Wong Kim Ark did not impose a domicile requirement. Notably, Lynch v. Clarke—discussed above—directly addressed this question in 1844, ruling that a child’s citizenship did not depend on whether their parents had permanent domicile in the United States.

The Supreme Court heard arguments on this issue on April 1, 2026.

Birthright citizenship explained

Unconditional (unrestricted) birthright citizenship

This type of citizenship means that almost every child born in the country becomes a citizen automatically, no matter their parents’ status (with two exceptions noted below).  

“There are a few narrow exceptions. For instance, a child born in the United States to foreign diplomatic officers does not acquire U.S. citizenship at birth because they are not considered under U.S. jurisdiction,” said Ana Gabriela Urizar, Immigration Attorney at Manifest Law. 

Conditional (restricted) birthright citizenship

Citizenship is granted only if at least one parent is a citizen, permanent resident, or meets specific residency requirements. This is standard in Europe and is becoming increasingly common worldwide. 

Jus soli vs. jus sanguinis

Jus soli (birthright citizenship) is based on where you are born—if you’re born in a jus soli country, you automatically become a citizen of that country. This differs from jus sanguinis (citizenship by descent), which is based on parents’ citizenship, meaning children inherit citizenship from their parents regardless of where they’re born. 

Most countries use a mix of both principles. For example, the U.S. grants citizenship to children born on U.S. soil (jus soli) and to children born abroad to U.S. citizen parents (jus sanguinis). Citizenship rules vary significantly by country and can change through immigration reform or political shifts.

Trump’s birthright citizenship Executive Order

On January 20, 2025, President Trump signed Executive Order 14160, attempting to restrict birthright citizenship for certain U.S.-born children.

What it says

The order would deny citizenship to children born in the U.S. after February 19, 2025, if:

1. The mother was unlawfully present, and the father was not a U.S. citizen or lawful permanent resident, or
2. The mother’s presence was lawful but temporary (tourist, student, or work visa) and the father was not a U.S. citizen or lawful permanent resident.

Current status: blocked by federal courts

As of March 2026, the executive order has never gone into effect. Here is where the legal battle stands:

Shortly after the order was signed, multiple federal courts blocked it. Federal judges across the country issued temporary restraining orders and preliminary injunctions, finding the order likely unconstitutional.

In June 2025, the Supreme Court ruled in Trump v. CASA that federal judges generally cannot issue “universal injunctions”—broad orders that block a policy for everyone, not just the parties in the case. However, the Court did not address whether the birthright citizenship order itself was constitutional. That same day, the ACLU and partners filed a nationwide class action in New Hampshire on behalf of all babies who would be affected. A federal judge certified the class and issued a new injunction protecting all babies born in the United States.

On December 5, 2025, the Supreme Court agreed to hear the merits of the case—Trump v. Barbara—which will determine whether the executive order violates the 14th Amendment and the Immigration and Nationality Act. Oral arguments were presented before the court on April 1, 2026, and a decision is expected by late June or early July 2026.

In the meantime, nothing has changed for families. All children born in the United States continue to be recognized as U.S. citizens at birth, regardless of their parents’ immigration status. The executive order cannot be enforced unless and until the Supreme Court issues a ruling allowing it.

Is birthright citizenship common around the world?  

Birthright citizenship is not very common around the world, as the examples below show: 

Regional concentration

Birthright citizenship is overwhelmingly concentrated in the Western Hemisphere. Nearly all countries in North, Central, and South America offer jus soli—the most unrestricted. This dates back to colonial times when European powers established lenient citizenship policies to encourage settlement.

Decline of birthright citizenship in Europe and the Commonwealth

Unrestricted birthright citizenship has dramatically declined since the 1980s:

• United Kingdom (1983): British Nationality Act 1981 ended automatic citizenship; now requires at least one parent to be a British citizen or have settled status
• Australia (1986): Australian Citizenship Act 2007 abolished unrestricted jus soli; now requires at least one parent to be a citizen or permanent resident if they are born after 1986. 
• Ireland (2004):Irish Nationality and Citizenship Act 2004 ended automatic birthright citizenship effective January 1, 2005. A child born in the island of Ireland is entitled to Irish citizenship at birth if, at the time of birth, at least one parent was:
  • An Irish citizen or a British citizen.
  • Entitled to reside in Ireland or Northern Ireland without any restriction on the period of residence.
  • Had been resident on the island of Ireland for a specified period (at least three of the preceding four years). 
• New Zealand (2006): The Citizen Amendment Act of 2005 ended unrestricted birthright citizenship, so that starting in 2006, a child born in New Zealand only acquires citizenship at birth if at least one of their parents is a New Zealand citizen or an immigrant with the right to remain in New Zealand indefinitely (permanent resident) or an Australian citizen/permanent resident. 

These shifts responded to increased immigration and concerns about “birth tourism.” Today, among wealthy nations with significant immigration, only the U.S. and Canada maintain unrestricted birthright citizenship. No European country currently offers unconditional jus soli.

How many countries have birthright citizenship?

As of 2025, approximately 33 countries have unrestricted birthright citizenship, while another 32 nations offer conditional birthright citizenship.

Unconditional birthright citizenship by region

Below is a list of countries that offer unconditional birthright citizenship, organized by region. 

• North America: Canada, Mexico, United States
• Central America & Caribbean: Antigua and Barbuda, Barbados, Belize, Costa Rica, Cuba, Dominica, El Salvador, Grenada, Guatemala, Honduras, Jamaica, Nicaragua, Panama, Saint Kitts and Nevis, Saint Lucia, Saint Vincent and the Grenadines, Trinidad and Tobago
• South America: Argentina, Bolivia, Brazil, Chile, Colombia, Ecuador, Guyana, Paraguay, Peru, Suriname, Uruguay, Venezuela
• Other Regions: Lesotho, Pakistan, and Tanzania  

Countries with conditional birthright citizenship  

As of the publishing of this blog post, 32 countries offer citizenship at birth under specific conditions. Some examples of countries with their specific conditional citizenship requirements: 

• France: Children born in France to foreign parents can claim citizenship at age 13 after five years of residence
• Germany: Requires at least one parent to have lived in Germany legally for eight years with permanent residence
• Portugal: Grants citizenship if at least one parent has legally resided there for one year before birth
• Spain: Children receive citizenship if at least one parent was also born in Spain
• Israel: Children without other citizenship can apply between the ages of 18-21 after five years of residence

For a comprehensive list, see the Library of Congress’s birthright citizenship database.

Regional Trends

Birthright citizenship policies vary dramatically by region. The Americas strongly favor unrestricted jus soli, with nearly every country in North, Central, and South America granting automatic citizenship at birth. In stark contrast, Europe has moved away from unconditional birthright citizenship—every European country now requires conditional requirements or relies solely on jus sanguinis (citizenship through parents). 

Asia follows a similar pattern, with limited birthright citizenship and a primary reliance on jus sanguinis to determine nationality. Africa takes a mixed approach, with most countries using jus sanguinis but some offering conditional birthright citizenship. Oceania has undergone a significant shift, moving from unrestricted birthright citizenship to conditional requirements over the past few decades, mirroring the broader trend among developed nations outside the Americas.

Comparing birthright citizenship vs. naturalization

Naturalization versus birthright citizenship are two completely different ways to become a U.S. citizen. With birthright citizenship, you automatically become a citizen the moment you’re born, either because you were born in the United States or because your parents are U.S. citizens. You are not required to make an application. 

Naturalization, on the other hand, is a formal process in which you apply to become a U.S. citizen after living in the country for a specified period (usually five years, or three years if married to a U.S. citizen). You’ll need to prove you can speak English, unless you have an exception, pass tests about U.S. history and government, show good moral character, and take an oath of citizenship at a ceremony. 

The main difference is simple: birthright citizenship happens automatically at birth, while naturalization is something you earn over time by meeting specific requirements.

Conclusion 

Birthright citizenship policies vary dramatically around the world. Understanding the difference between unconditional and conditional birthright citizenship, and how jus soli and jus sanguinis work, helps explain why global citizenship laws remain a complex and evolving area of immigration policy. At Manifest, we’re committed to making that complexity easier to navigate. Our legal team is rebuilding the practice of law around a simple promise: real answers, real advocacy, no black box. We work with you to develop a clear, personalized immigration strategy—built around your accomplishments, your timeline, and your goals for life in the U.S.

👉 If you’re ready to stop guessing about your future and start planning, our immigration attorneys are here to help. Book a consultation with Manifest Law now. 

Birthright citizenship FAQs

Is birthright citizenship the same as jus soli?

Not exactly. Jus soli specifically refers to citizenship based on place of birth. Birthright citizenship is broader, including both jus soli (place of birth) and jus sanguinis (citizenship from parents). When discussing immigration debates, “birthright citizenship” usually means jus soli—automatic citizenship for anyone born in a country’s territory.

What is considered a U.S. territory?

U.S. territories where birth confers automatic U.S. citizenship:

• Puerto Rico
• U.S. Virgin Islands
• Guam
• Northern Mariana Islands

Note: People born in American Samoa are U.S. nationals but not automatically citizens, though they can apply through a simplified process.

Who is excluded from birthright citizenship in the U.S.?

Here are two exceptions to birthright citizenship: 

1. Children of foreign diplomats: Diplomats maintain diplomatic immunity and aren’t fully subject to U.S. jurisdiction
2. Children of enemy forces during hostile occupation: This is a historic exception used for invading or occupying forces. 

These exceptions were established in the 1898 Supreme Court decision United States v. Wong Kim Ark. Children born to undocumented immigrants, tourists, or temporary visa holders have historically been U.S. citizens at birth under the 14th Amendment as of March 2026. The executive order seeking to change this remains blocked by federal courts while the Supreme Court considers the case.

Do the children of H-1B holders born in the U.S. get birthright citizenship?

Yes. A child born in the United States to parents on H-1B status is a U.S. citizen at birth under the Fourteenth Amendment. Your immigration status does not affect your child’s citizenship. The only rare exception involves children born to foreign diplomatic officers, who are not considered under U.S. jurisdiction. Other than that narrow category, children born on U.S. soil automatically receive birthright citizenship.

It is worth noting that the executive order specifically targets children born to parents on temporary visas, including H-1Bs, if the other parent is not a U.S. citizen or lawful permanent resident. However, the order has never gone into effect and remains blocked by the courts. If you are on an H-1B and expecting a child, your baby will be recognized as a U.S. citizen at birth under current law.