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Why the US Has Birthright Citizenship: Understanding Our Constitutional Foundation in 2025

As debates over immigration and citizenship dominate headlines in 2025, it's crucial to understand the historical and constitutional foundations of birthright citizenship in America. This isn't just legal theory—it's the principle that has shaped millions of American stories, including many in our Filipino-American community.

🚨 2025 Context: Why This Matters Now

Recent executive orders and Supreme Court cases have thrust birthright citizenship into the national spotlight. President Donald Trump's push to end birthright citizenship gained traction after the Supreme Court limited universal injunctions, possibly enabling his policy in certain areas. Understanding the constitutional foundation has never been more important.

The Constitutional Foundation: The 14th Amendment

"All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside."

— 14th Amendment, Section 1 (1868)

This simple sentence fundamentally transformed American citizenship. But to understand why it exists, we need to look at the historical context that made it necessary.

Historical Timeline: The Path to Birthright Citizenship

1857

Dred Scott v. Sandford - Supreme Court ruled that African Americans, whether free or enslaved, could not be American citizens. This decision created a constitutional crisis about who could be considered American.

1865

13th Amendment - Abolished slavery, but didn't address citizenship for formerly enslaved people.

1868

14th Amendment - Established birthright citizenship, overturning Dred Scott and ensuring all people born in the US (with specific exceptions) are citizens.

1898

United States v. Wong Kim Ark - Supreme Court confirmed that children born in the US to non-citizen parents are citizens, specifically ruling on a Chinese-American man's citizenship.

Why Birthright Citizenship Was Created

Primary Purpose: The 14th Amendment was designed to ensure that formerly enslaved people and their descendants would be unequivocally American citizens, regardless of state laws or future political changes.

The framers of the 14th Amendment understood that citizenship by birth creates a fundamental equality that can't be easily taken away by changing political winds. They had witnessed how the lack of clear citizenship rules had created an entire class of people without legal protections.

The "Subject to the Jurisdiction Thereof" Clause

This phrase has been the center of modern debates. Historically, it excluded two specific groups:

Children of diplomats: Because diplomatic families maintain allegiance to their home countries and have diplomatic immunity.

Children of "hostile" Native American tribes: This exclusion was based on the view that some tribes were sovereign nations (later changed by the Indian Citizenship Act of 1924).

Importantly, the Supreme Court in Wong Kim Ark (1898) ruled that children born to non-citizen parents who are legally present in the US are "subject to the jurisdiction thereof" and therefore citizens.

Due Process and Equal Protection

The 14th Amendment doesn't just establish birthright citizenship—it also guarantees:

Due Process: No state can "deprive any person of life, liberty, or property, without due process of law." This applies to ALL persons, not just citizens.

Equal Protection: No state can "deny to any person within its jurisdiction the equal protection of the laws." Again, this protects everyone within US borders.

These clauses work together to create a framework where birthright citizenship isn't just about who gets a passport—it's about ensuring a stable, protected population that can't be stripped of rights arbitrarily.

Global Perspective: How Common is Birthright Citizenship?

out of 195 countries worldwide have birthright citizenship

That's just 15 percent of all countries

The Americas are unique in this regard. Most countries with birthright citizenship are in North and South America, reflecting our shared history as nations built by immigrants.

Common Myths vs. Facts

❌ Myth

"Birthright citizenship encourages illegal immigration"

✅ Fact

Denying birthright citizenship to children of immigrants would actually increase the number of illegal immigrants in the U.S. because babies would be born without status.

❌ Myth

"The 14th Amendment only applies to children of enslaved people"

✅ Fact

The amendment's language is universal: "All persons born...in the United States." The 1898 Wong Kim Ark case specifically confirmed this applies to all ethnic groups.

Why This Matters for Filipino-Americans

The Filipino-American experience is deeply connected to birthright citizenship. Consider:

Historical exclusion: The 1924 Immigration Act and earlier laws severely restricted Asian immigration, making birthright citizenship crucial for Asian-American families already here.

Family reunification: Many Filipino-American families have mixed immigration statuses. Birthright citizenship ensures that children born here have full rights regardless of their parents' status.

Protection from discrimination: Birthright citizenship provides a legal foundation that can't be questioned based on ethnicity or appearance—crucial protection for Asian-Americans who have faced "perpetual foreigner" stereotypes.

The Current Legal Challenge

What's Happening in 2025

Upon taking office in 2025, Trump issued an executive order asserting that the federal government would not recognize jus soli birthright citizenship for the children of non-citizens. The executive order is currently being challenged in court.

Harvard Law School Professor Gerald Neuman says a president has no authority at all to change United States citizenship rules. Legal experts widely agree that changing birthright citizenship would require a constitutional amendment, not an executive order.

Why Birthright Citizenship Protects Democracy

Beyond individual rights, birthright citizenship serves broader democratic principles:

Prevents statelessness: Ensures children aren't born without any citizenship, creating a permanent underclass.

Promotes civic engagement: Citizens with secure status are more likely to participate in civic life.

Provides stability: Businesses, schools, and communities can plan around a stable population.

Prevents political manipulation: Citizenship can't be used as a political weapon against minority communities.

The Bottom Line

Birthright citizenship isn't an accident or an oversight—it's a fundamental principle that has shaped American democracy for over 150 years. It emerged from one of the darkest chapters in American history as a promise that citizenship wouldn't be conditional on political favor or ethnic background.

For Filipino-Americans and all immigrant communities, birthright citizenship represents something profound: the promise that your children will be unquestionably American, with all the rights and responsibilities that entails.

Stay Informed, Stay Engaged

Constitutional rights aren't abstract concepts—they're the foundation of our daily lives. As these debates continue, it's crucial that we understand the history and importance of the principles that protect us all.

What you can do: Learn your constitutional rights, engage in civic participation, and share accurate information with your communities.

Sources: 14th Amendment to the U.S. Constitution, United States v. Wong Kim Ark (1898), recent legal analysis from Harvard Law School, Supreme Court decisions, and constitutional scholarship.

Note: This analysis is for educational purposes. For legal advice, consult with qualified attorneys.