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:
What is birthright citizenship? Voice of America, Feb 5, 2025
Seattle judge grants second preliminary injunction against Trump’s birthright citizenship order, KING 5 Seattle, Feb 6, 2025
WATCH: 5 things to know about birthright citizenship, PBS Newshour, Feb 5, 2025
Podcasts:
- Could Trump really kill birthright citizenship? KERA’s Think, Feb 7, 2025
- Birthright Citizenship, Throughline, Feb 6, 2025
- Birthright Citizenship Debate…, The US Politics Daily Brief, Jan 21, 2025
Background Resources:
- Jus Soli, Britannica
- Countries with Birthright Citizenship 2024, World Population Review
- Nationality Act of 1790, Immigration History
- The Chinese Immigrant Son Who Fought for Birthright Citizenship, History.com
- United States v. Wong Kim Ark, Oyez
- Podcast: Birthright Citizenship: The SCOTUS case that solidified the 14th Amendment, Civics 101, 2025
- VIDEO: The history and legacy of birthright citizenship in the U.S., PBS, Feb 4, 2025
- VIDEO: Plyler v. Doe Summary, American Bar Association
Recent Articles:
- Trump wants to end birthright citizenship. Where do other countries stand?, BBC, Feb 9, 2025
- Federal judge issues 2nd preliminary injunction against Trump birthright citizenship order, ABC News, Feb 6, 2025
- Seattle judge is second to indefinitely block Trump’s birthright citizenship order, Washington State Standard, Feb 6, 2025
- Bend Mayor Kebler, city councilors voice strong support for immigrants, vow ‘pushback’ against ‘illegal’ federal actions, KTVZ21, Feb 5, 2025
- Trump’s attempt to overturn birthright citizenship uses century-old Native American case, CBCNews, Jan 29, 2025
- Can birthright citizenship be changed? Harvard Law Today, Jan 24, 2025
Recent Editorials:
- Pope Informs J.D. Vance He’s Wrong About Migrants, Christianity, New York Magazine, Feb. 11, 2025
- Trump Can’t Strip Natives of Our US Citizenship, but He Will Try to Take Our Lands, The Nation, Feb 11, 2025
- Guest column: Meritocracy and winning the human lottery, Dean Harris, Bend Bulletin, Feb 5, 2025
- Spoiling for a fight: Why challenging birthright citizenship is a win-win for Trump, The Hill, Feb 1, 2025
- Trump Seeks to Restrict Citizenship by Birth on US Soil, Human Rights Watch, Jan 23, 2025
- Birthright Citizenship Has Been Challenged Before, Time, Jan 15, 2025
Lesson Plans:
- Immigration & Citizenship, iCivics
- Citizenship Clause, iCivics
- The History of Immigration Law in the United States, Bill of Rights Institute
- VIDEO: Highlight Immigrant Stories and Contributions in U S History with The ILC Teaching Resources, The Immigrant Learning Center
Resources for Younger Students:
- Crossing Borders with Digital Storytelling, AFT
- Recommended Reads: Immigrant/Refugee Experiences, Diverse Book Finder
- Our Rights and Responsibilities, PBS Learning Media