Birthright citizenship in the United States
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U.S. birthright citizenship is granted through two main paths: jus soli (being born on U.S. soil) and jus sanguinis (having a U.S. citizen parent). The Fourteenth Amendment's Citizenship Clause (adopted July 9, 1868) guarantees citizenship to all born in the U.S. and "subject to the jurisdiction thereof," a principle solidified by the Supreme Court's 1898 ruling in United States v. Wong Kim Ark, which excluded only children of foreign diplomats and occupying forces. However, Native Americans were excluded until the Indian Citizenship Act of 1924, and American Samoa still does not grant birthright citizenship to preserve its cultural independence. The Immigration and Nationality Technical Corrections Act of 1994 extended jus sanguinis to children born abroad to a U.S. citizen parent. Political opposition surged with President Donald Trump, who issued Executive Order 14160 in 2025 to deny citizenship to children of undocumented immigrants, but the Supreme Court struck it down on June 30, 2026, in Trump v. Barbara. Trump then signed two new executive orders on August 6, 2026, again attempting to restrict birthright citizenship, keeping the issue legally and politically contentious.
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