Congressional Digest

Congressional Digest June 2025 No. 6 Vol. 104
The Citizenship Clause and ‘Birthright Citizenship’

Birthright Citizenship

Pros & Cons of Ending Birthright Citizenship

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The Citizenship Clause and ‘Birthright Citizenship’

A brief overview of the 14th Amendment

The Citizenship Clause and ‘Birthright Citizenship’ A brief legal overview of the 14th Amendment Under federal law, nearly all people born in the United States become citizens at birth. This rule is known as “birthright citizenship,” and it derives from both the Constitution and complementary statutes and regulations. The Citizenship Clause of the 14th Amendment states that “[a]ll 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.” The Immigration and Nationality Act (INA), in turn, declares certain persons to be U.S. citizens…

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