A look at birthright citizenship, and how it's seen around the world

AP News • March 31, 2026 • general

Key Points:

The Supreme Court is reviewing whether President Trump can end birthright citizenship for children born in the U.S. to parents who are in the country illegally or temporarily, based on an executive order he signed during his second term.
Birthright citizenship, rooted in the 14th Amendment, guarantees citizenship to nearly everyone born on U.S. soil, a principle upheld by the Supreme Court in the 1898 Wong Kim Ark case.
Globally, birthright citizenship is rare, with only about three dozen countries, mostly in the Americas, granting automatic citizenship by birthplace; most nations determine citizenship based on parents' nationality (jus sanguinis).
Some countries have mixed citizenship rules, such as Germany, which since 2024 grants citizenship to children born to non-German parents if one parent has lived legally in the country for over five years.
The Trump administration argues the phrase “subject to the jurisdiction thereof” in the 14th Amendment allows denying citizenship to children of undocumented immigrants, but lower courts have repeatedly blocked this effort, ruling it likely unconstitutional.

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