U.S. Citizenship at Birth

Under the Fourteenth Amendment of the United States Constitution all persons born or naturalized in the United States….are citizens of the United States.  The doctrine of birthright citizenship (jus soli) was upheld by the Supreme Court of the United States in U.S. v. Wong Kim Ark, 169 U.S. 649 (1898).  It is important to note that prior to the Fourteenth Amendment not all individuals born in the United States were considered United States citizens (for example, African Americans).  In the now infamous Supreme Court decision Dred Scott v. Sandford, 60 U.S. (19. How) 393 (1856) African-Americans were found to not be United States citizens.  Therefore, efforts to repeal and re-interpret the Fourteenth Amendment are ripe with danger to historically marginalized populations within the United States.

Persons who are born in certain territories of the United States also may be citizens at birth. In general , but subject in some cases to other requirements, including residence requirements as of certain dates, this includes persons born in: Puerto Rico on or after April 11, 1899; Canal Zone of the Republic of Panama on or after February 26, 1904; Virgin Islands on or after January 17, 1917; Guam born after April 11, 1899; or Commonwealth of the Northern Mariana Islands on or after November 4, 1986.  Persons born in American Samoa and Swain s Island are generally considered nationals but not citizens of the United States.

As mentioned previously, birthright citizenship is not a matter accepted by everyone.  Individuals who support restrictive immigration policy have sought to change birthright citizenship which they claim is subject to abuse.  These individuals – including members of the U.S. Congress – have sought to introduce legislation to restrict to citizenship to individuals born to a parent or parents who are United States citizen.  It is doubtful that a federal law can change birthright citizenship in the United States.  It is more likely that a constitutional amendment is required.  However, these efforts by members of Congress represent an opening shot across the bow of birthright citizenship.

Birthright citizenship is also entangled in American politics.  One need only look to the 2008 U.S. presidential elections for the type of visceral attacks that can occur when one group seeks to marginalize an individual on the basis of who is a citizen of the United States.  In the general election Senator Barack Obama was accused by a fringe groups as not being eligible for the U.S. presidency because they claimed he was not born in the United States – but instead born in Kenya.  On the other side of the political spectrum, some questioned whether Senator John McCain was a natural born U.S. citizen because he was born on a naval base in the Panama Canal Zone.  Of course both were natural born United States citizens and eligible for to run the Presidency of the United States.  However, this debate highlights the disastrous effect that removing the bright line rule of birthright citizenship would have on individuals and families.  One can imagine many scenarios where generations of United States citizens could be effected by the whims of the political winds blowing through Congress at any given period.  The debate on who “deserves” to be a United States citizen would be resolved through a deadlocked United States Congress rather than a clear amendment to the U.S. Constitution.   The best illustration of the disaster that would occur when Congress draws the lines on who is a United States citizen is best found acquisition of U.S. citizenship.