Foundations: Birthright Citizenship
An orientation issue on the constitutional and statutory basis for birthright citizenship, and the cases that define its reach.
Federal
- Civil Rights Act of 1866
Declared all persons born in the U.S. and not subject to a foreign power to be citizens — the statutory forerunner of the Citizenship Clause.
- Fourteenth Amendment, Citizenship Clause
The constitutional foundation: all persons born or naturalized in the U.S., and subject to its jurisdiction, are citizens.
Court activity
- United States v. Wong Kim Ark (1898)
Held that a child born in the U.S. to noncitizen parents is a citizen — the foundational birthright decision.
- Elk v. Wilkins (1884)
Addressed the 'subject to the jurisdiction' requirement for members of tribes.
State activity
- State-level proposals and documentation policy
Citizenship is federal, but states legislate on documentation, benefits, and enforcement. Track activity by state.
Research updates
- The Citizenship Primer
A concise introduction to citizenship in the United States — a good starting point for this topic.