Current Event Inspired: The Supreme Court heard arguments on Trump v. Barbara, a case exploring executive power over birthright citizenship.

The U.S. has long followed the principle of jus soli, or citizenship based on place of birth, rooted in the Fourteenth Amendment to the Constitution. The amendment 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.” Since 1898, in U.S. v. Wong Kim Ark, birthright citizenship has been upheld for children born on U.S. soil to non-citizen parents. Today, nearly all individuals born in the United States automatically receive citizenship at birth (with few exceptions for children of foreign diplomats, members of occupying foreign forces or members of Native American tribes). 

Supporters of birthright citizenship argue that the Fourteenth Amendment establishes a clear rule: birth on U.S. soil confers citizenship. They contend that this approach promotes equality under the law, preventing a potentially lopsided system that depends on parental status. They also argue that current birthright citizenship laws embody the nation’s principles and ideals of fairness and opportunity. 

Opponents of automatic birthright citizenship argue that the phrase “subject to the jurisdiction thereof” allows room for interpretation and does not necessarily mandate automatic citizenship in all cases. Most opponents are supporters of jus sanguinis (citizenship through parental status), pointing to those more common birthright citizenship laws across the globe—but object to jus soli. Some critics also reference the practice often referred to as “birth tourism,” in which parents travel to the U.S. temporarily for the purpose of giving birth so their child will obtain U.S. citizenship, arguing that it diminishes the significance of citizenship and civic commitment. 

This debate on whether place of birth alone can determine citizenship status centers on interpreting the Constitution and the principles that should guide citizenship policy in the modern United States. 

So, what do you think? Should All Individuals Born in the United States Automatically Receive Citizenship? Students can answer, “Yes, they should;” “No, they should not;” or a nuanced answer in between! Be sure to submit your responses by April 23 to be considered for this week’s contest.