Introduction
In the U.S., birthright citizenship means that anyone born in the country and subject to its laws is automatically a citizen. This is a right guaranteed by the Fourteenth Amendment to the US Constitution. President Trump’s January 2025 executive order tried to end this for children of undocumented immigrants, but federal courts have blocked that order as unconstitutional. The Trump administration is appealing to the Supreme Court. A Supreme Court decision could significantly impact birthright citizenship and federal judicial authority.
A4SC Resources
The below resources include relevant videos and lesson plans from our content library that will help contextualize this current event within broader, more enduring, concepts.
Birthright Citizenship: Birthright citizenship, the practice of granting citizenship to anyone born within a country’s borders, is a core concept for national identity in many nations. While the U.S. adopted it via the Fourteenth Amendment to secure rights for formerly enslaved people, some countries have abandoned it, often fueled by anti-immigrant sentiment.
Fourteenth Amendment: The Fourteenth Amendment, ratified in 1868 after the Civil War, established birthright citizenship, declaring that anyone born or naturalized in the U.S. is a citizen. This overturned an earlier Supreme Court decision and was essential for securing the rights of formerly enslaved people.
Diaspora: A diaspora, defined as a group involuntarily displaced from their homeland, often faces identity issues and discrimination in host countries. Birthright citizenship, which grants citizenship based on birthplace, plays a critical role for many in diasporic situations, as it can offer a pathway to legal status and integration in a new land.
Zero-Sum Bias: Zero-sum bias is the false belief that resources are limited and one person’s gain must automatically be another’s loss. This tendency influences the debate around birthright citizenship, as it can lead some people to irrationally fear that immigrants gaining citizenship diminishes opportunities for existing citizens.
Discussion Questions
- What are some potential alternatives to birthright citizenship?
- Does birthright citizenship perpetuate inequality? Why or why not?
Activity
Reflecting on National Identity and Choice: Small groups begin by discussing the questions: “Have you ever wondered how you got your identity? Have you ever reflected on what the identity does or doesn’t allow you to do?” They should connect these personal reflections to the broader concept of national identity being largely determined by birthright. What are some special privileges of being a citizen? What are other ways people can become citizens? What is the history of this process?
Additional Resources
- Baranich, M. (2025, May 20). Understanding Birthright Citizenship: A Researcher’s Guide. HeinOnline Blog. https://home.heinonline.org/blog/2025/05/exploring-the-birthright-citizenship-clause-a-researchers-guide/
- Roy, D. (2025). What Is Birthright Citizenship and Could the Supreme Court End It? Council on Foreign Relations. https://www.cfr.org/article/what-birthright-citizenship-and-could-supreme-court-end-it
- The Current State of United States Birthright Citizenship – Cornell Journal of Law and Public Policy. (2025, March 20). cornell.edu. https://publications.lawschool.cornell.edu/jlpp/2025/03/20/the-current-state-of-united-states-birthright-citizenship/
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