Why Being Born on U.S. Soil Alone Doesn’t Automatically Make You a Citizen

Rethinking Birthright Citizenship and the True Meaning of the 14th Amendment

The Fourteenth Amendment to the U.S. Constitution, ratified in 1868, was written to secure the rights of formerly enslaved people by granting them full citizenship. Its Citizenship Clause states: “All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens...” While this clause has long been interpreted to mean that anyone born on American soil is a citizen, that interpretation ignores the original intent and constitutional meaning of “subject to the jurisdiction thereof.”

At the time the amendment was written, “jurisdiction” did not simply mean being physically present in the United States. It referred to full political allegiance to the U.S.—something that does not apply to foreign nationals, illegal immigrants, or individuals merely passing through the country. Children born to foreign diplomats, for example, are not granted citizenship under this clause because their parents are not under the full jurisdiction of the U.S. legal system. By that same logic, neither should children of illegal immigrants or temporary visitors.

The 1898 Supreme Court case United States v. Wong Kim Ark broadened the application of birthright citizenship, but that ruling applied to a lawfully present permanent resident—not to those here illegally or temporarily. Over time, this ruling has been stretched far beyond its original boundaries, giving rise to the modern-day “anchor baby” phenomenon, where children born to non-citizens are automatically granted citizenship—a concept the framers of the 14th Amendment never intended.

In short, being born in the United States is not, by itself, enough to make someone a U.S. citizen—at least not according to the original meaning of the Constitution. True citizenship must reflect not just birthplace, but allegiance, lawful presence, and subjection to U.S. sovereignty. It’s time we return to a more faithful understanding of the Constitution and close the loopholes that undermine the rule of law and national identity.