Immigration and Citizenship
Citizenship and the 14th Amendment
The birthright citizenship controversy and the burning question of whether children of illegal immigrants should continue to be granted citizenship just because they’re born on American soil.
It’s a constitutional right: If you are born on American soil, you are an American citizen. Now, some leading Republicans say it’s time to rethink this 14th amendment “birthright citizenship.”
They say illegal immigrants and “birth tourists” are coming to the United States to “drop” their babies– and a nation with enough troubles is paying the price. Is it just a political salvo in a mid-term election year? Or should the Constitution be changed?
More from Immigration and Citizenship
April 1, 2026
CAC Release: Justices Skeptical of Administration’s Domicile-Driven Approach to Birthright Citizenship
WASHINGTON, DC – Following oral argument at the Supreme Court this morning in Trump v....
March 31, 2026
Most Americans Favor Birthright Citizenship. That Wasn’t Always True.
Elizabeth Wydra was quoted in the New York Times discussing the history of the Fourteenth Amendment's Citizenship...
March 30, 2026
Why the Supreme Court will get the birthright citizenship case right
Smita Ghosh's Slate article about Lynch v. Clarke and birthright citizenship was cited in an op-ed in the National Catholic...
March 21, 2026
Legal History Blog Weekly Roundup
CAC Senior Appellate Counsel Smita Ghosh's article in Slate about birthright citizenship was cited in...
March 24, 2026
CAC Release: Justices Consider Government’s Novel Reading of Law Concerning Asylum-Seekers at the Border
WASHINGTON, DC – Following oral argument at the Supreme Court this morning in Noem v....
March 20, 2026
The Supreme Court’s Birthright Citizenship Decision Hinges on a Case You’ve Never Heard Of
CAC Senior Appellate Counsel Smita Ghosh's article about the history of birthright citizenship in Slate magazine was featured...