Born Under the Constitution: Why Recent Attacks on Birthright Citizenship are Unfounded

Summary

On March 31, 2011, CAC’s Chief Counsel Elizabeth Wydra released an Issue Brief distributed by the American Constitution Society on the Citizenship Clause’s guarantee of constitutional citizenship, rebutting attacks on this critical component of the 14th Amendment. The issue brief explains that a close study of the text and history of the Citizenship Clause demonstrates that birthright citizenship is guaranteed to every person born on U.S. soil and subject to its jurisdiction, regardless of the immigration status of the child’s parents.

More from Immigration and Citizenship

Immigration and Citizenship
June 23, 2023

RELEASE: Supreme Court Decision Allows Administration to Prioritize Certain Noncitizens for Immigration Enforcement, as Presidential Administrations Have Done for Decades

WASHINGTON, DC – Following the Supreme Court’s announcement of its decision this morning in United...
By: Smita Ghosh
Immigration and Citizenship
January 17, 2023

RELEASE: Supreme Court Considers Access to Courts for Asylum-Seekers

WASHINGTON, DC – Following oral argument at the Supreme Court this morning in Santos-Zacaria v....
By: Smita Ghosh
Immigration and Citizenship
November 29, 2022

RELEASE: Justices Acknowledge the Federal Government’s Authority over Immigration Enforcement When Confronted With State Opposition

WASHINGTON, DC – Following oral argument at the Supreme Court this morning in United States...
By: Smita Ghosh
Immigration and Citizenship
September 19, 2022

RELEASE: Biden Administration Memo Setting Priorities for Immigration Enforcement Is Lawful, Group of Former DHS and INS Officials Tell Supreme Court

WASHINGTON, DC – Earlier today, the Constitutional Accountability Center (CAC) filed a brief in the...
By: Smita Ghosh
Immigration and Citizenship
June 30, 2022

RELEASE: Win for Migrants at Southwest Border and Presidential Authority in Immigration  

WASHINGTON, DC – Following today’s ruling from the Supreme Court in Biden v. Texas—in which...
By: Elizabeth B. Wydra
Immigration and Citizenship
April 26, 2022

RELEASE: Key Weaknesses in States’ Position Exposed at Supreme Court Oral Argument re MPP 

WASHINGTON – Following oral argument at the Supreme Court this morning in Biden v. Texas—a...
By: Miriam Becker-Cohen