Birthright citizenship, also known as jus soli (“right of the soil”), is a principle by which a person is granted citizenship by being born in a particular country. In the United States, the 14th Amendment to the Constitution guarantees birthright citizenship. It states that “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 anyone born on U.S. soil, with some exceptions, automatically becomes a U.S. citizen, regardless of the citizenship status of their parents.
There are a few notable exceptions to birthright citizenship in the United States:
- Children of Foreign Diplomats: Individuals born in the U.S. to foreign diplomats, who enjoy diplomatic immunity, are not considered subject to U.S. jurisdiction and therefore do not receive birthright citizenship.
- Children of Enemy Forces: Children born in the U.S. to enemy forces occupying the country are also exempt from birthright citizenship.
- Native Americans: Historically, Native Americans were not considered U.S. citizens at birth, but this changed with the Indian Citizenship Act of 1924, which granted U.S. citizenship to all Native Americans born in the country.
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