Advocates for restricting birthright citizenship argue that some parents aren't 'fully subject to US jurisdiction'

Birthright citizenship guarantees US citizenship to anyone born on US soil

Rooted in the 14th Amendment, birthright citizenship prevents the creation of a permanent noncitizen class by granting citizenship at birth, but it has become a focal point of modern political efforts to restrict immigration.

Birthright citizenship is the principle that a person acquires citizenship by being born within a country's territory, regardless of parental nationality or immigration status.

A poll from May 2025 found that a majority of Americans oppose ending birthright citizenship

As legal challenges progressed, a May 2025 NPR/Ipsos poll showed fewer than one-third of Americans supported eliminating birthright citizenship, despite broader public backing for other immigration restrictions.

Unconditional birthright citizenship is rare outside the Americas.

President Donald Trump signed an executive order in 2025 to restrict birthright citizenship

In 2025, President Trump signed an order attempting to end automatic citizenship for children born to undocumented immigrants or temporary visa holders—limiting it to those with a US citizen or permanent resident parent.

Courts have blocked the Trump administration's 2025 executive order limiting birthright citizenship

In June 2025, the Supreme Court declined to rule on the constitutionality of the order. Since then, two federal appellate courts have found the order unconstitutional, halting its enforcement nationwide.

Ratified in 1868, the 14th Amendment guaranteed citizenship to all people born in the United States and required states to provide equal legal protection to all.

Experts believe a Supreme Court ruling on birthright citizenship is likely in 2026

In September 2025, the Trump administration asked the Supreme Court to review lower court rulings striking down its executive order on birthright citizenship. If the court takes the case, a decision is expected by mid-2026.

The 14th Amendment aimed to guarantee citizenship for formerly enslaved people

The 14th Amendment was crafted to overturn Dred Scott by granting birthright citizenship to formerly enslaved people and their descendants, securing their legal status under federal law.

An 1898 Supreme Court case confirmed birthright citizenship for children of immigrants

In 1898, the Supreme Court ruled that the 14th Amendment guaranteed US citizenship to Wong Kim Ark, born in San Francisco to Chinese immigrants—establishing a lasting precedent for birthright citizenship regardless of parental status.

Early American citizenship was defined inconsistently by individual states.

The Supreme Court limited federal judges' power to issue nationwide injunctions in 2025

In a 2025 decision arising from litigation over a presidential order on birthright citizenship, the Supreme Court held that individual federal judges may not nationwide block executive policies—curbing the use of sweeping injunctions and reshaping how constitutional challenges proceed through the courts.

Before 1965, US immigration law relied on nationality-based bans and quotas.

The Nationality Act of 1790 restricted new citizenship to 'free white persons'

The first federal citizenship law limited naturalization to white immigrants, excluding enslaved people, Indigenous communities, and most non-Europeans.

Native Americans were not granted US citizenship until 1924

The Indian Citizenship Act granted citizenship to all Native Americans born in the US, more than 130 years after the Constitution's ratification. Even then, some states continued to deny Native Americans the right to vote for decades.

Some argue that restricting illegal immigration would raise wages for lower-income American workers

The Heritage Foundation argues that illegal immigrants' willingness to work for below-market wages suppresses wages for low-skilled American workers—and that reducing illegal immigration would increase wages and job opportunities, particularly for workers without a college degree.

The reservation system gives tribes limited self-governance while keeping them under federal control.

'Statelessness: Citizens of Nowhere' podcast examines how statelessness erodes identity

This podcast series explores how millions live without citizenship or legal status. Through expert interviews and personal stories, it examines how history, borders, and policy can leave entire populations without citizenship and rights.

Sanctuary cities limit local cooperation with federal immigration enforcement

Sanctuary cities limit how local agencies help ICE—such as restricting detainers, jail transfers, or data sharing—while still enforcing criminal law, leaving immigration enforcement mostly to federal authorities.

Studies show immigrants commit crimes at lower rates than native-born Americans

Research examining incarceration records and crime data generally finds that immigrants—including undocumented individuals—have lower crime and incarceration rates than US-born citizens, though measurement is limited by gaps in national data on immigration status.

The Trump administration said the new H‑1B fee curbs abuse but still attracts top talent

In announcing a fee on new H‑1B petitions, the Trump administration claimed the visa was exploited to replace American workers and suppress wages. Officials argued that a steep fee would deter abuse while still allowing employers to bring in the "best of the best" temporary foreign talent.

The 1924 Immigration Act established national-origin quotas favoring certain regions

The Johnson-Reed Act established stringent national-origin quotas favoring northern and Western Europeans while restricting immigration from other regions. This article chronicles the act's origins, its implications, and subsequent efforts to overturn these restrictions.

DACA provides temporary protection for undocumented youth brought to America as children

Created by executive order during the Obama administration, the Deferred Action for Childhood Arrivals policy provides temporary deportation protection and work authorization for undocumented individuals brought to the US as children. Explore the history and ongoing political debates surrounding DACA and citizenship pathways.

Watch scholars debate Supreme Court term limits

In a debate from 2017, legal scholars from across the political spectrum spar over whether justices should serve fixed terms. The discussion highlights bipartisan concerns about judicial independence, accountability, and the risks of lifetime tenure.

Certain government assistance programs are available to green-card holders

Federal programs such as Medicaid and SNAP are often available to US green-card holders, but that's not typically the case for people with other immigration statuses in the US, like DACA recipients, asylum applicants, and unauthorized immigrants.

In the US, any court can rule on constitutionality—unlike in most other countries

In the American system, known as diffuse judicial review, federal and state courts at every level may assess whether laws comply with the Constitution, and their decisions are ultimately reviewable by the Supreme Court. Many other democracies, by contrast, reserve constitutional review to specialized constitutional courts.

An 1873 Supreme Court case about slaughterhouses weakened parts of the 14th Amendment

In 1873, the Supreme Court's Slaughterhouse Cases ruled that the 14th Amendment's "privileges or immunities" clause protected only federal—not state—citizenship rights, greatly limiting the amendment's power to safeguard enslaved people from state discrimination.

Multiple legal pathways exist for immigrating to the United States

This comprehensive guide outlines various routes to US immigration, including family-sponsored and employment-based visas, as well as humanitarian protections. Navigate the complex American immigration system and understand the options available to prospective immigrants seeking legal entry.

Employers must apply for H-1B visas on behalf of foreign workers

To hire an H-1B worker, US employers first file with the Department of Labor, then petition the US Citizenship and Immigration Services. They must attest that they won't replace American workers, and that they will implement stricter rules for firms that rely heavily on H-1B visas.

Visa overstays account for nearly 40% of illegal US entries

In fiscal year 2023, approximately 510,000 people overstayed their visas, while 860,000 crossed the border illegally, meaning overstays accounted for 37% of the total number of new unauthorized arrivals. This represents a shift from 2007 to 2018, when overstays outnumbered border crossings, to 2019, when illegal crossings surged again.

The Ninth Amendment clarifies that people hold additional rights, not granted by the Constitution

The Founders worried that listing specific rights might imply that others didn't exist. The Ninth clarifies that unenumerated rights are retained by the people, making it one of the most philosophical and least litigated amendments.

States are constitutionally mandated to draw their own congressional districts

Under Article I, Section 4 of the US Constitution, state legislatures possess the authority to determine how congressional districts are drawn. However, Congress retains the power to alter these rules if it chooses to.

The Dred Scott decision denied citizenship to people of African descent

In 1857, the Supreme Court ruled in Dred Scott v. Sandford that Black Americans could not be US citizens. The decision heightened an already brewing conflict and became a key factor in pushing the nation toward civil war.

What are baby bonds?

In 2008, Hillary Clinton proposed giving every US newborn a $5,000 government-funded trust, often called a “baby bond,” to help low-income families build long-term wealth. Supporters said it could reduce wealth inequality, while critics argued existing programs like the Child Tax Credit offered similar benefits.

Opposing policies over immigration and sanctuary cities define the contemporary debate over federalism

Disputes between the federal government, Republican-controlled states, and Democratic-controlled cities over immigration enforcement and sanctuary policies have become a central flash point in modern federalism. These conflicts will shape the future of state autonomy, federal authority, and the enforcement of national policy across jurisdictions.

How to consider the ethics of 3-parent IVF, which is illegal in the US

Ethical concerns with this controversial procedure include that a little bit of a child's offspring would be from a third person and that the decisions made with this pregnancy will affect numerous generations, making a permanent change to the gene pool.

The first time the US federally barred immigration based on nationality

Watch this six-minute video to learn about the Chinese Exclusion Act of 1882, which was the first federal law to bar immigration explicitly because of nationality.

Both parties largely agree that America's immigration system is broken

This three‑part podcast series traces America's immigration system origins, revealing how historically celebrated Ellis Island-era policies evolved into today's fractured, fact‑starved debate—shedding light on economic, cultural, and political forces shaping the current dysfunction.

Immigration enforcement shows how federalism plays out on the ground

In recent years, federalism has shifted from allowing policy diversity across states to open conflict, with states and the federal government increasingly trying to impose their preferences on one another over issues like abortion, voting, immigration, and public health.

The Founders were split on term limits during the Constitutional Convention

At the Constitutional Convention, delegates debated whether to mandate term limits. In letters, Jefferson warned that indefinite service could entrench power, while Madison argued that regular elections—not forced turnover—were the best safeguard against abuse.

IVF is legal across America, but some worry that state bans could curtail this reproductive technology

This reproductive technology is available across the US, but if states take action to prohibit the discarding of unused embryos or pass related legislation, it could affect access to IVF. Laws prohibiting IVF or effectively outlawing the procedure by defining personhood as being conferred at the moment of conception have been under discussion in several states in recent years, including Ohio, Virginia, and Texas.

Most Americans support age limits for justices, elected officials

As members of Congress and Supreme Court justices continue to serve at an average age far older than in the past, polls show a majority of Americans favor setting an age limit for these roles. Roughly 79% support caps for federal elected officials, and 74% favor such limits for Supreme Court justices. A constitutional amendment would be required.

Why Congress doesn't have term limits

Eighty-seven percent of Americans want term limits for Congress. So why don't they exist? The Founders debated this in 1787 and chose not to include them, believing elections would be enough. In the 1990s, 23 states tried to make it happen—until the Supreme Court struck them all down in a 5-4 decision.

Term limits for Congress face a steep constitutional hurdle

Although polls show overwhelming support for congressional term limits, this would require a constitutional amendment. Since 1995, the Supreme Court has barred states from imposing their own limits, leaving only the difficult Article V amendment process as a path forward.

Trump's 2025 asylum suspension departed from a policy framework in place since 1980

In January 2025, President Trump issued an executive order suspending the asylum program and halting application processing at the southern border. This represents a departure from recent American asylum policy traditions and international humanitarian commitments.

See the origins of the foreign-born population of the United States from 1850 to 2020.

Track the changes in US immigration law throughout history

This interactive timeline tracks the development of US immigration law, overlaid with time-series data on percentages of the foreign-born population. Explore how each major policy development correlated with immigration levels, revealing the relationship between legislation and demographic change.

A 2013 Supreme Court case weakened federal oversight of redistricting

In Shelby County v. Holder, the Supreme Court struck down the Voting Rights Act's preclearance formula, reducing federal oversight of voting laws—including redistricting—and allowing changes to take effect without prior approval.

An anthropologist analyzes the Japanese movement against having children

Broadly known as anti-natalism, the philosophical stance against having children stems from a variety of factors. In Japan, it arises amid low fertility rates, economic pressures, and ethical concerns. This essay explores the reasons some Japanese embrace the philosophy.

Supporters say term limits prevent entrenched power

Advocates argue that term limits stop politicians from becoming career insiders, make government more accountable, and ensure fresh ideas circulate. They believe regular turnover keeps officials closer to the public and less beholden to special interests.