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Birthright Citizenship

What Is Birthright Citizenship?

Birthright citizenship means you become a citizen of a country just by being born—either because of where you were born or who your parents are.

There are two main ways this can happen:

  1. By place of birth (jus soli): You are a citizen if you are born in the country.

  2. By family (jus sanguinis): You are a citizen because your parents are citizens, even if you’re born somewhere else.

How It Works in the United States

In the U.S., most people become citizens through birthplace-based citizenship. This is written in the Fourteenth Amendment to the Constitution. It says:

“All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens…”

This means if you are born in the U.S., you are a citizen—even if your parents aren’t.

This idea was supported in an important court case in 1898 called United States v. Wong Kim Ark. The Supreme Court decided that a boy born in the U.S. to Chinese immigrant parents was a citizen, even though his parents weren’t.

Two Ways to Be a Citizen in the U.S.

The U.S. gives citizenship in two ways:

  • Born in the U.S. (jus soli): You are a citizen no matter your parents’ status—unless they are foreign diplomats.

  • Born outside the U.S. to American parents (jus sanguinis): You can still be a citizen, but there are rules your parents have to meet—like living in the U.S. for a certain amount of time.

What About Other Countries?

In the Americas (like Canada, Mexico, and Brazil), many countries use the same system as the U.S.—you’re a citizen if you’re born there. But in most of Europe, Asia, and Africa, it usually depends on your parents, not where you’re born.

The U.S. uses this system because it helps make sure everyone born here is treated equally, no matter where their family comes from.

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