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Inventions & ScienceInventions & ScienceNatural Disasters & EnvironmentNatural Disasters & EnvironmentSpace ExplorationSpace ExplorationArchaeologyArchaeologyHISTORY Honors 250Stream HISTORYStream HISTORYBy: Erin Blakemore 19th CenturyWhy the United States Has Birthright CitizenshipAmerica didn’t always extend citizenship to those born within its borders.Erin BlakemoreDorothea Lange/National Archives/The LIFE Picture Collection/Getty ImagesPublished: October 30, 2018Last Updated: June 27, 2025PrintShareIt’s one of the United States’ best-known rights: automatic citizenship to all born within its borders. But birthright citizenship hasn’t always been the rule of the land in the U.S., and the legal concept has faced plenty of challenges over the century. Here’s the story of birthright citizenship and its challengers.Citizenship Rooted in 'Right of the Soil'In the United States, children obtain their citizenship at birth through the legal principle of jus soli (“right of the soil”)—that is, being born on U.S. soil—or jus sanguinis ("right of blood”)—that is, being born to parents who are U.S. citizens.Most countries in the Western Hemisphere have some form of jus soli citizenship, while Europe favors jus sanguinis citizenship. Today, the United States is one of 37 countries that affirm birthright citizenship, including most countries in the Western Hemisphere. “Traditionally” notes the Washington Post, "lenient naturalization laws made it more appealing for Europeans to travel to—and settle in—the New World.”How One Man Affirmed the Rights of the 14th AmendmentAnyone born in America is automatically a citizen. But that wasn't always the case. And it was Wong Kim Ark, a Chinese-American man who finally ensured that right.Birthright Citizenship Initially Limited to Free White PeopleIn 1790, the nation's nation’s first naturalization law came into effect. It stated that “free white persons” could gain citizenship if they had lived in the U.S. for two years and had a good character. The new citizens’ children under the age of 21 were given citizenship, too.But the new naturalization law ignored massive swaths of American society, including enslaved people and Native Americans, neither of whom were considered citizens.American ex-slave Dred Scott (1795-1858).Bettmann Archive/Getty ImagesAmerican ex-slave Dred Scott (1795-1858).Bettmann Archive/Getty ImagesSlavery Challenged the Concept of Birthright CitizenshipIn 1857, as arguments about slavery roiled, the U.S. Supreme Court went a step further, finding in the Dred Scott v. Sandford case that Scott, an man who had escaped slavery and who was suing for his freedom, was not a citizen because he was of African descent. Nor could any other person of African descent be considered a citizen, even if they were born in the U.S., Chief Justice Roger B. Taney wrote in the majority opinion.But that definition didn’t last long. During and after the Civil War, lawmakers returned to the debate about whether black people should have birthright citizenship. "What was new in the 1860s...was the possibility for radical legal transformation that accompanied war and its aftermath,” writes historian Martha S. Jones.In 1864, Attorney General Edward Bates tackled the issue in connection with African American members of the Union Army, finding that “free men of color” born on American soil were American. After the war, the Reconstructionist Congress passed a civil rights law that extended citizenship to all people born in the U.S. who were “not subject to any foreign power.”14th Amendment Extended Birthright CitizenshipThe most sweeping declaration of birthright citizenship came in 1868: the Fourteenth Amendment. It defined citizenship as applying to “All persons born or naturalized in the United States, and subject to the jurisdiction thereof.” Notably, due to the "jurisdiction" requirement, most Native Americans were excluded from this amendment.Chinese-American Wong Kim Ark.The National ArchivesChinese-American Wong Kim Ark.The National ArchivesWong Kim Ark Fought for Citizenship as Immigrant SonIn 1898, the Fourteenth Amendment’s definition of birthright citizenship met its first major challenge in the form of a Chinese American cook named Wong Kim Ark.Wong had been born on American soil to Chinese immigrants in 1873, well before the U.S. passed the Chinese Exclusion Act, which prohibited most Chinese immigration and, by extension, the naturalization of Chinese citizens. But since his parents were not citizens, it was unclear whether he too could enjoy birthright citizenship.When Wong was denied reentry into the U.S. after visiting China, he was forced to wait on a ship in San Francisco harbor for months as his attorney pursued his case for citizenship. He was a test case, selected by the Department of Justice, in an attempt to prove that people of Chinese descent weren’t citizens.His case went all the way to the Supreme Court. Then something unexpected happened: Wong won. “The Fourteenth] Amendment, in clear words and in manifest intent, includes the children born, within the territory of the United States, of all other persons, of whatever race or color, domiciled within the United States,” wrote associate justice Horace Gray in the majority opinion.Not only was Wong Kim Ark’s claim to citizenship legitimate, Gray wrote, but “To hold that the Fourteenth Amendment of the Constitution excludes from citizenship the children, born in the United States, of citizens or subjects of other countries would be to deny citizenship to thousands of persons of English, Scotch, Irish, German or other European parentage who have always been considered and treated as citizens of the United States.”To allow a Chinese American man citizenship didn’t threaten white Americans, Gray suggested. Rather, taking his citizenship away would threaten the privilege and citizenship rights enjoyed by all Americans.The case became precedent and has since been used to defend the birthright citizenship rights of other Americans. In 1943, for example, it was cited (and contested) in Regan v. King, a federal case that challenged Japanese Americans’ right to maintain American citizenship during World War II.Related Articles Asian American, Native Hawaiian & Pacific Islander HistoryChinese Americans Were Once Forbidden to Testify in Court. A Murder Changed ThatThe 1882 trial of laborer Yee Shun set a new legal precedent in America. Asian American, Native Hawaiian & Pacific Islander HistoryDragon Boat Races Are Loud, Fast and Rooted in Ancient RitualThey serve up a heady mix of tradition, sport and spectacle. Asian American, Native Hawaiian & Pacific Islander HistoryThe 8-Year-Old Chinese American Girl Who Helped Desegregate Schools—in 1885Mamie Tape's bid to desegregate San Francisco schools went to the California Supreme Court seven decades before Brown v. Board. Asian American, Native Hawaiian & Pacific Islander HistoryBefore the Chinese Exclusion Act, This Anti-Immigrant Law Targeted Asian WomenThe 1875 Page Act was one of the earliest pieces of federal legislation to restrict immigration to the United States.See All ArticlesAbout the authorErin BlakemoreErin Blakemore is an award-winning journalist who lives and works in Boulder, Colorado. Learn more at Fact CheckWe strive for accuracy and fairness. But if you see something that doesn't look right, click here to contact us! HISTORY reviews and updates its content regularly to ensure it is complete and accurate.Citation InformationArticle titleWhy the United States Has Birthright CitizenshipAuthorErin BlakemoreWebsite NameHistoryURLhttps://www.history.com/articles/birthright-citizenship-history-united-statesDate AccessedJune 30, 2025PublisherA&E Television NetworksLast UpdatedJune 27, 2025Original Published DateOctober 30, 2018History RevealedSign up for "Inside History"Get fascinating history stories twice a week that connect the past with today’s world, plus an in-depth exploration every Friday.Your emailSign UpBy submitting your information, you agree to receive emails from HISTORY and A+E Global Media. You can opt out at any time. You must be 16 years or older and a resident of the United States.More details: Privacy Policy | Terms of Use | Contact UsHISTORY EducationHISTORY Vault™HISTORY AppsHISTORY2™HISTORY en Español®Military HISTORY®Newsletter Sign UpShare Your OpinionsFAQ / Contact UsAdvertise with UsA+E Factual Studios™A+E Studios®Employment OpportunitiesAccessibility SupportTV Parental GuidelinesAdvertise with UsA+E Factual Studios™A+E Studios®Employment OpportunitiesAccessibility SupportTV Parental Guidelines© 2025, A&E Television Networks, LLC. All Rights Reserved.Terms of UsePrivacy PolicyCopyright PolicyCookie NoticeAd Choices, Birthright citizenship is explicitly guaranteed to anyone born under the legal "jurisdiction" of the U.S. federal government by the Citizenship Clause of the Fourteenth Amendment to the United States Constitution (adopted July 9, 1868), which states:, The most sweeping declaration of birthright citizenship came in 1868: the Fourteenth Amendment. It defined citizenship as applying to “All persons born or naturalized in the United States, and.
Wong Kim Ark was born in San Francisco's Chinatown in the early 1870s. His parents were merchants who were living in the country legally. As a result of the 14th Amendment to the, The Fourteenth Amendment to the United States Constitution guarantees birthright citizenship to every child born “within the jurisdiction of the United States.” The 1898 Supreme Court case of United States v. Wong Kim Ark established an important precedent in its interpretation of the Citizenship Clause of the Fourteenth Amendment in that it cemented birthright citizenship for children of , The history of US birthright citizenship highlights the nation’s journey toward equality and justice. Rooted in the 14th Amendment and Citizenship Clause, this principle has weathered legal challenges, political debates, and societal shifts., Over 140 years ago, in response to the Dred Scott decision denying citi-zenship to former slaves and their descendants, the Fourteenth Amendment of the U.S. Constitution was enacted to guarantee the right to citizenship for all persons born within the United States and subject to its jurisdiction.1 As was reported in September of 2010: “For , The Clause made clear that the common law rule of birthright citizenship, which up until the Civil War was understood to be the citizenship rule,12 at least as applied to whites, now applied without regard to race., Ratified in 1868 in the wake of the Civil War to ensure the citizenship of all free African Americans, it states: “All persons born or naturalized in the United States, and subject to the.