Birthright Citizenship: What Immigrants Need to Know

If you’re an immigrant living in the United States — or planning to have a child here — understanding birthright citizenship is more important than ever.

This long-standing principle in U.S. law ensures that nearly every child born on American soil is automatically granted U.S. citizenship at birth, no matter their parents’ nationality or immigration status.

In January 2025, President Donald Trump signed an executive order to limit birthright citizenship for children born to undocumented immigrants and temporary visa holders. Although federal courts have blocked the order for now, the issue is headed to the Supreme Court in May 2025 — making this a critical moment to understand what birthright citizenship really is, why it exists, and what it means for your family.

What is birthright citizenship? Why is it important?

Birthright citizenship is the legal principle that grants automatic citizenship to individuals born within a country’s territory, regardless of their parents’ nationality or immigration status. In the United States, this concept is in the 14th Amendment to the Constitution, which 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.” ​

This means that nearly all individuals born on U.S. soil are automatically granted U.S. citizenship at birth. The only exceptions are children born to foreign diplomats or enemy forces in hostile occupation, as they are not considered subject to U.S. jurisdiction.

For immigrant families, birthright citizenship is a source of stability, safety, and opportunity. It means that your child will be fully protected by U.S. law from the moment they’re born — and will have access to the same rights, freedoms, and benefits as any other American.

One of the biggest advantages of birthright citizenship is legal protection. U.S. citizens cannot be deported, and they’re entitled to the full protections of the Constitution, including due process and equal protection under the law. This provides peace of mind for families, especially those who may be undocumented or in uncertain immigration situations.

How many countries have birthright citizenship?

As of April 2025, 33 countries worldwide offer unrestricted birthright citizenship, also known as jus soli (“right of the soil”). This means that anyone born within their borders automatically acquires citizenship, regardless of parental citizenship or immigration status. 

On the other hand, many other countries have restricted birthright citizenship, where additional conditions must be met for a child born in the country to acquire citizenship. These conditions often include parental citizenship or residency (with specific requirements for length of residency).

Several countries do not grant citizenship based solely on birth within their territory. Instead, they follow the principle of jus sanguinis (“right of blood”), where citizenship is determined by the nationality of one or both parents.

Birthright Citizenship in the United States 

Birthright citizenship is still the law of the land in the United States in 2025. If a child is born anywhere on U.S. soil — whether in a hospital, at home, or even in transit — that child is automatically a U.S. citizen regardless of the immigration status of the parents. This includes children born to:

• Undocumented immigrants
• Tourists or temporary visa holders (e.g., student or work visas)
• Refugees and asylum seekers
• Permanent residents (green card holders)
  

There are some exceptions — such as children born to foreign diplomats — but these are rare.

This policy around birthright citizenship is based on the 14th Amendment to the U.S. Constitution, which was ratified in 1868 and has been upheld repeatedly by courts for over 150 years.

Trump and the Birthright Citizenship Debate

In January 2025, President Donald Trump signed Executive Order 14160, titled “Protecting the Meaning and Value of American Citizenship,” aiming to end birthright citizenship for children born in the U.S. to undocumented immigrants and certain temporary visa holders. 

The order faced immediate legal challenges, with multiple federal judges blocking its enforcement, citing conflicts with the 14th Amendment. As of April 2025, the U.S. Supreme Court has agreed to hear arguments on the matter, scheduled for May 15, 2025. ​

For now, birthright citizenship remains fully intact and legally protected.

Can Trump end birthright citizenship?

Most legal experts agree that a president cannot unilaterally end birthright citizenship through an executive order. The 14th Amendment’s Citizenship Clause is a constitutional provision, and altering its interpretation would likely require a constitutional amendment or a Supreme Court ruling. Previous attempts to challenge birthright citizenship have been unsuccessful in the courts.

So, while the executive order has sparked debate, any change to birthright citizenship would face significant legal hurdles and would need to overcome years of precedent and practice. 

Birthright Citizenship FAQs

Is birthright citizenship in the constitution?

Yes, Birthright citizenship is guaranteed by the 14th Amendment to the U.S. Constitution. Over the past 150+ years, it has been interpreted by courts — including the Supreme Court — to mean that any child born on U.S. soil is automatically a U.S. citizen, regardless of the immigration status of their parents.

Is birthright citizenship still in effect in the U.S.?

Yes — as of April 2025, birthright citizenship is still fully in effect. Despite recent attempts to limit it, the law has not changed. In January 2025, President Donald Trump signed Executive Order 14160, aiming to deny citizenship to children born in the U.S. if their parents are undocumented immigrants or temporary visa holders.

However, this executive order has been blocked by multiple federal courts and is not currently enforceable. The legal system has responded quickly, and the U.S. Supreme Court is scheduled to hear arguments on the matter in May 2025.

Could the Supreme Court end birthright citizenship?

Possibly — but it would require a dramatic legal shift. The Supreme Court has agreed to review the constitutionality of Executive Order 14160. This could be the first time the Court reexamines the interpretation of the 14th Amendment’s Citizenship Clause in over a century, since the United States v. Wong Kim Ark case in 1898.