Birthright Citizenship Around The World: How The Law Differs As Compared To US

Last Updated:June 30, 2026, 20:47 IST

Most countries follow “jus sanguinis” (right of blood), where citizenship is based on the nationality of the parents rather than place of birth.

In a major setback for US President Donald Trump, the US Supreme Court on Tuesday rejected his administration’s attempt to restrict birthright citizenship, preserving the constitutional guarantee of citizenship for nearly everyone born on American soil.

In a 6-3 ruling on the final day of its term, the court blocked Trump’s executive order that sought to end automatic citizenship for children born in the US to parents who are in the country illegally or on temporary visas.

The court upheld the long-standing interpretation of the 14th Amendment, reinforcing that most people born in the country are US citizens at birth.

What the law says in the United States?

The US approach is rooted in the 14th Amendment to the Constitution, adopted in 1868. It 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."

Over time, a landmark 1898 Supreme Court ruling helped establish that birthright citizenship applies broadly, with only narrow exceptions such as children of foreign diplomats or occupying forces. Congress later extended citizenship rights to Native Americans in 1924.

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