As the US Supreme Court considers a landmark case, what is a birthright? – Nationally
The Supreme Court is also hearing arguments on whether President Donald Trump can deny citizenship to children born to American parents illegally or temporarily.
Wednesday’s lawsuit stems from an executive order Trump signed on the first day of his second term ending what is known as birthright citizenship, which guarantees citizenship to nearly everyone born on American soil.
Although this concept has been part of US law for over a century, it is not common around the world.
What is birthright?
Birthright citizenship is based on the legal principle of jus soli, or “right to the soil.”
In the US, the right was added to the Constitution after the Civil War, in part to ensure that former slaves would become citizens.
“All persons born or begotten in the United States and subject to the jurisdiction thereof, are citizens of the United States,” the 14th Amendment states.
In the late 1800s, the right to be born a citizen was extended by law to the children of immigrants.
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Wong Kim Ark, who was born in the US to Chinese parents, sued after traveling overseas and being denied re-entry into the US The Supreme Court eventually ruled that the amendment grants citizenship to everyone born in the US, regardless of their parents’ legal status.
There are only a few exceptions to birthrights, such as children born in the US to foreign embassies.
How is birthright citizenship seen around the world?
Only about three countries, almost all of them in the Americas, guarantee citizenship to children born in their territory.
Many countries follow the principle of jus sanguinis, or “right of blood,” for the citizenship of a child based on the citizenship of his parents, regardless of where he is born.
None of the 27 member states of the European Union, for example, grant automatic, unconditional citizenship to children born on their territory to citizens of other countries. The situation is similar across Asia, the Middle East and Africa.
Other countries take a mixed approach
Some countries use a combination of criteria, such as parentage, residency and ethnicity, to determine a child’s nationality.
For example, Australia allowed birthright citizenship until 1986. But from that August, children born there could become citizens if at least one parent was an Australian citizen or permanent resident.
Things changed the other way in Germany, which changed its citizenship laws in 2024.
Until then, citizenship by birth required at least one parent to be German. From 2024, however, children born in Germany to non-German parents are automatically granted German citizenship if one parent has lived legally in the country for more than five years with unlimited residence status.
The citizenship rules were relaxed because “research has shown that the educational prospects of children and youth with a migrant background are better, as soon as they are granted German citizenship,” the government wrote at the time.
What is the argument for the Trump administration?
Supporters of birthright restrictions in the US focus on a few words in the constitutional amendment: “subject to your authority.”
They say, those words mean that the US can deny citizenship to children born to women who are in the country illegally.
A series of judges have ruled against the administration and the order has been repeatedly stayed by lower courts.
Wednesday’s trial began in New Hampshire, where a US district judge ruled that the order “violates” the Constitution and federal law.
© 2026 The Canadian Press
