Birthright citizenship is an underlying foundational principle in the United States. It historically has granted citizenship to nearly all individuals born on U.S. soil, making it one of the many different paths to U.S. citizenship in existence. This doctrine has played a crucial role in shaping American identity and inclusivity.
While the concept seems straightforward, its evolution has been marked by legal battles, political debates, and historical shifts. Understanding the historical development of birthright citizenship can provide you with insight into its current legal standing and the challenges it continues to face.
Birthright Citizenship Before the 14th Amendment
Before the adoption of the 14th Amendment, birthright citizenship in America was largely influenced by English common law. This which the principle of “jus soli” which means right of the soil. Under this doctrine, individuals born within a country’s borders were granted citizenship regardless of their parents’ status.
Early U.S. states followed a mix of this common law tradition and their own varying regulations regarding citizenship that varied on a state-by-state basis.
The Dred Scott Decision
A major turning point in the citizenship debate came with Dred Scott v. Sandford. This was a Supreme Court case that ruled Black Americans, whether free or enslaved, could not be considered U.S. citizens. This decision further emphasized the racial discrimination embedded in citizenship laws and was a significant factor leading to the Civil War.
The ruling sparked outrage among abolitionists and ultimately ended up setting the stage for the adoption of the 14th Amendment.
The 14th Amendment and the Enshrinement of Birthright Citizenship
The aftermath of the Civil War led to a push to redefine American citizenship, particularly for newly freed African Americans. To ensure their rights and protections under federal law, Congress introduced the 14th Amendment, which was ratified in 1868.
The point of this amendment was to overturn the ruling from the Dred Scott case and to secure equal rights for all persons born or naturalized in the U.S.
The 14th Amendment 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 specific clause helped to clarify in law that citizenship could not be denied based on race or previous servitude.
It also established a broad interpretation of the “jus soli” standpoint previously followed, thereby affirming that almost all individuals born on U.S. soil were automatically citizens.
Challenges and Interpretations of the 14th Amendment
Despite its clarity, the amendment faced resistance over the years. Indigenous Americans were initially excluded from birthright citizenship, as they were considered members of sovereign tribal nations rather than as Americans. It was not until the Indian Citizenship Act of 1924 that Native Americans were granted full U.S. citizenship.
Additionally, Chinese immigrants faced exclusionary laws that attempted to deny citizenship rights to their U.S.-born children, which lead to landmark Supreme Court cases in the following years.
Major Supreme Court Cases Defining Birthright Citizenship
As mentioned, there have been many battles in court regarding the interpretations of the 14th amendment. To add perspective, one of the most important cases interpreting the 14th Amendment was United States v. Wong Kim Ark. Wong Kim Ark was born in San Francisco to Chinese immigrant parents who were not U.S. citizens.
When he returned from a trip abroad, immigration officials denied him entry by arguing that he was not a citizen. The Supreme Court ruled in his favor, thus affirming that the 14th Amendment granted birthright citizenship to all individuals born in the U.S., regardless of their parents’ nationality or immigration status. This decision set an important legal precedent for future citizenship cases.
Another lesser talked about case was Elk v. Wilkins in 1884. In this case, the Supreme Court ruled that Native Americans born in tribal nations were not automatically U.S. citizens under the 14th Amendment. This ruling was later nullified by the Indian Citizenship Act previously mentioned.
Modern cases have continued to test birthright citizenship, particularly regarding the children of undocumented immigrants. Despite political debates, courts have consistently upheld the principle that anyone born on U.S. soil is a citizen of the country.
20th and 21st Century Debates Over Birthright Citizenship
Throughout the 20th century, birthright citizenship played a crucial role in civil rights movements. The legal recognition of all U.S.-born individuals as citizens strengthened the push for racial equality, including the dismantling of segregation laws.
It also facilitated the full incorporation of Indigenous Americans, Puerto Ricans, and other marginalized groups into the U.S. legal system. In recent decades, in particular, birthright citizenship has been the subject of heated political debates, particularly concerning undocumented immigrants.
Some politicians argue that granting automatic citizenship to children of undocumented parents incentivizes illegal immigration. Continues efforts to challenge birthright citizenship have included proposed constitutional amendments and executive orders attempting to reinterpret the 14th Amendment. However, such changes would require significant legal hurdles and court battles.
During the first Trump administration, there were discussions about ending birthright citizenship through executive action. However, most legal scholars argue that the 14th Amendment’s clear language and past Supreme Court rulings would make such efforts unconstitutional.
Federal courts have historically defended birthright citizenship, reinforcing its status as a long-standing legal right. Given the latest rhetoric surrounding birthright citizenship in Donald Trump’s second term, though, it is unclear whether or not he will have enough support to get the recently issued executive order passed as law.
The future of birthright citizenship
The evolution of birthright citizenship in the United States has been shaped by historical injustices, legal battles, and political debates. From the overturning of Dred Scott via the 14th amendment to the Supreme Court’s defense of “jus soli”, the principle of birthright citizenship remains a cornerstone of American democracy.
While contemporary debates continue, the legal framework established and enforced by the 14th Amendment has ensured that citizenship remains accessible to all individuals born on U.S. soil. As the country navigates future immigration policies under the Trump administration, birthright citizenship will undoubtedly remain a pivotal issue in defining national identity and legal rights.
