For more than 150 years, the United States has granted citizenship to nearly all individuals born on American soil, a principle known as birthright citizenship. But in recent years, some political leaders have pushed to end this longstanding practice, igniting one of the nation’s most controversial immigration debates. Today, the Supreme Court struck down birthright citizenship.

What is Birthright Citizenship?
Birthright citizenship is guaranteed under the 14th Amendment to the U.S. Constitution, ratified in 1868, 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 automatically become American citizens—regardless of their parents’ immigration status.

What Would Ending Birthright Citizenship Mean?
If birthright citizenship were eliminated:

• Children born in the U.S. to undocumented immigrants or non-citizens would no longer automatically receive U.S. citizenship.

• New laws would likely limit citizenship to those with at least one U.S. citizen or legal resident parent.

• It could create a class of children born in the U.S. who are considered stateless or undocumented, with uncertain rights and protections.

Many legal experts believe ending birthright citizenship would require a constitutional amendment, a complex and rarely successful process. Attempts to change this policy by executive order or federal legislation would face significant legal challenges.

Where Political Leaders Stand

Republican Party & Conservative Leaders:
Some Republican leaders and conservative politicians have called for an end to birthright citizenship, arguing it encourages illegal immigration and so-called “birth tourism,” where individuals travel to the U.S. to give birth solely to obtain citizenship for their child.

• Donald Trump has repeatedly promised to end birthright citizenship, both during his presidency and his 2024 campaign. In 2018, Trump claimed he could eliminate it via executive order, a stance widely disputed by constitutional scholars.

• Other Republicans, including members of Congress, have introduced legislation to redefine citizenship laws, though none have passed.

Democratic Party & Progressive Leaders:
Democratic leaders overwhelmingly support preserving birthright citizenship, viewing it as a fundamental constitutional right and a reflection of America’s history as a nation of immigrants.

• President Joe Biden has defended the 14th Amendment’s citizenship clause, stating that eliminating birthright citizenship would be unconstitutional and harmful to families and communities.

• Civil rights organizations and immigrant advocacy groups warn that ending the practice could create a permanent underclass of stateless children, violating basic human rights.

Legal Experts:
The legal consensus is that birthright citizenship is firmly protected by the Constitution. Most scholars agree that changing it would require amending the 14th Amendment—a process needing two-thirds approval in both houses of Congress and ratification by three-fourths of the states.

What’s Next?

Though calls to end birthright citizenship often resurface during election cycles, legal and political obstacles make significant changes unlikely in the near future. Still, the debate underscores deep divisions over immigration, national identity, and constitutional rights in America.

As the 2024 election season unfolds, birthright citizenship is expected to remain a flashpoint in the broader immigration debate.

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