Current Events: Birthright Citizenship - Civics Learning Project

Citizenship refers to the legal rights and duties of a member of a nation. Nations use two main legal principles use to determine who belongs: jus soli and jus sanguinis. These Latin terms are used for determining citizenship; jus soli means citizenship is determined by the «soil of one’s birth» and jus sanguinis is citizenship regulated by the parental national origin. The United States is one of thirty-three countries in the world (and two territories) which has unrestricted birthright citizenship (jus soli), and another 32 nations have some form of restricted birthright citizenship. The remaining countries tend to follow jus sanguinis, establishing citizenship through parental inheritance rather than residence. Nearly all countries in the Western Hemisphere follow the concept of jus soli.

The United States’ Founders followed many concepts of English Common Law, including birthright citizenship. Congress passed the Nationality Act of 1790, restricting naturalization to ‘free white persons.’ The Supreme Court reinforced these racial restrictions on citizenship in Dred Scott v Sandford (1857), one of the many legal debates leading to the Civil War. Birthright citizenship was expanded in 1867 with the ratification of the 14th Amendment; Article I 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.” Under the 14th Amendment, formerly enslaved people were considered citizens, as were others born on US territory. The Supreme Court upheld this interpretation in the 1898 case United States v Wong Kim Ark. Additionally, Indigenous people were excluded from US citizenship until The Indian Citizenship Act of 1924, despite the 14th Amendment.

President Trump’s January 20, 2025 Executive Order calls the established legal interpretation of the 14th Amendment into question by attempting to exclude children born to undocumented immigrants from birthright citizenship. This week’s current event examines the historical background and the reactions to the President’s attempt to limit birthright citizenship. CLP’s suggests exploring this topic with a Socratic Seminar, or by using one of the lesson plans listed below.

Essential Questions:

How do countries determine citizenship?
How has citizenship changed over time in the US and why?
What are the legal interpretations of the citizenship clause of the 14th Amendment of the US Constitution?
What are the policy implications of Trump’s executive order on birthright citizenship?
Do you favor jus soli or jus sanguinis or something else as the basis of our country’s method of determining citizenship?

Vocabulary:

citizen: a member of a community, state, or nation
citizenship: a legal relationship between a person and a country; a relationship between an individual and a state to which the individual owes allegiance and in turn is entitled to its protection; membership and allegiance to a sovereign state
naturalization: the act of making someone a legal citizen of a country that they were not born in; the course of action undertaken to become a citizen of a country
jus soli: legal concept that citizenship is acquired by birth within the territory of the state, regardless of parental citizenship
jus sanguinis: grants citizenship on the basis of the citizenship possessed by one’s parent or parents

Videos: