Birthright citizenship definition

Birthright citizenship is the legal right to US citizenship for anyone born in the United States or its territories (except American Samoa), regardless of the parents’ citizenship or immigration status. There are limited exceptions, such as for the children of foreign diplomats. This principle is established in the 14th Amendment to the US Constitution and clarified in federal law.

What is the difference between naturalized and birthright citizenship?

Birthright citizens are US citizens from the moment of birth, either because they were born in the US (jus soli) or born abroad to US citizen parents who meet certain residency or physical presence requirements (jus sanguinis).

Naturalized citizens are people not US citizens at birth but became citizens later through the legal process of naturalization.

Both have the same rights, protections, and responsibilities, except that only natural-born citizens are eligible to serve as president or vice president.

What is the Birthright Citizenship Act of 2025?

The Birthright Citizenship Act of 2025 refers to two related but distinct actions taken in January 2025:

1. Executive Order: President Trump signed an executive order titled “Protecting the Meaning and Value of American Citizenship” that attempts to restrict birthright citizenship for children born in the United States after February 19, 2025. The order directs federal agencies not to recognize US citizenship for children born when the mother was unlawfully present and the father was not a US citizen or lawful permanent resident, or the mother's presence was lawful but temporary, and the father was not a US citizen or lawful permanent resident. The executive order has faced immediate and widespread legal challenges. Litigation is ongoing, and the executive order is not currently in effect pending court decisions.

2. Congressional Legislation: The Birthright Citizenship Act of 2025 was introduced by Sen. Lindsey Graham (R-South Carolina) in the Senate (S. 304) and Rep. Brian Babin (R-Texas) in the House (H.R. 569), aiming to limit US citizenship at birth to children with at least one parent who is a US citizen or national, a lawful permanent resident residing in the US, or a non-US national with lawful immigration status performing active service in the Armed Forces. As of now, neither bill has been passed into law; both remain pending in Congress.

Does a baby born in the US get citizenship?

Yes, under current law, almost every baby born in the United States or its territories automatically becomes a US citizen at birth, regardless of the parents’ immigration status, except for certain children of foreign diplomats or enemy forces in hostile occupation.