The Supreme Court will hear arguments Wednesday on whether all children born in the United States can continue to automatically receive citizenship. The decision, not expected for months, could reshape what has long been a constitutionally protected practice after a challenge from the Trump administration.
Public opinion on birthright citizenship is complicated. Americans strongly support granting citizenship to children born to parents who were born in the U.S. or to parents who immigrated legally. Support falls sharply, however, for automatic citizenship for children born to parents who entered or remain in the country illegally.
Is birthright citizenship common?
Only about three dozen countries, mostly in the Western Hemisphere, offer automatic birthright citizenship. The legal term is jus soli, Latin for “right of soil.” The practice has roots in colonialism, particularly in South America and Africa, where Western European powers used it to increase labor forces and outnumber indigenous populations. Many African countries abandoned jus soli after independence.
Other nations have abolished or limited the practice in recent decades. Ireland ended automatic citizenship in 2005 after a public vote. The United Kingdom, Australia, New Zealand, India and Pakistan have moved away from unconditional jus soli. Many countries instead rely on jus sanguinis, citizenship by descent. Italy recently further restricted eligibility.
What does the Constitution say?
In the United States, birthright citizenship was enshrined after the Civil War to protect the rights of formerly enslaved people. The 14th Amendment, ratified in 1868, states: “All 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.”
President Trump has targeted birthright citizenship, issuing an executive order on the first day of his second term seeking to end the practice for children of parents who entered the country illegally. The administration argues the clause is outdated and has been abused.
Where does the public stand?
Survey results vary depending on question wording and context. When asked about birthright citizenship in general, many Americans express support. That support weakens or splits once pollsters specify parents’ immigration status.
Recent surveys:
– The Public Religion Research Institute (PRRI) in December found about two-thirds favor granting citizenship “regardless of their parents’ citizenship status.”
– CHIP50, a large-sample survey done with multiple universities, found 59% favor keeping birthright citizenship; both PRRI and CHIP50 mentioned the constitutional basis in their questions.
– An NPR/Ipsos poll found a slim majority (53%) opposed ending the practice, with 28% in favor of ending it.
– Pew Research Center reported that more than nine in 10 Americans support birthright citizenship for children born to parents who immigrated legally, but were closely divided on children born to parents in the country illegally (50% vs. 49%, depending on question wording).
– YouGov found 51% in favor and 39% opposed overall, but support dropped to 31% for babies of “undocumented” parents and to 25% for babies of tourists; that survey did not mention the Constitution.
Divides by party, race, age and information sources
Patterns are consistent across polls: Democrats, younger people, Latinos and Black Americans are more likely to support birthright citizenship, while Republicans—especially white Republicans—are more likely to oppose it.
Pew found roughly three-quarters of Democrats support granting citizenship to children of those who immigrated illegally, compared with about one-quarter of Republicans. Among Republicans, there is variation: only 18% of white Republicans supported it, while 55% of Republican Hispanics did.
By race regardless of party, Pew reported about three-quarters of Latinos and 61% of Black Americans support birthright citizenship for children whose parents immigrated illegally, versus 48% of Asian Americans and 42% of white Americans.
CHIP50 found eight in 10 Democrats back birthright citizenship “regardless of their parents’ immigration status,” compared with 39% of Republicans. CHIP50 also found higher support among Asian Americans (63%). YouGov reported 53% of Democrats and 13% of Republicans supported it when parents were described as undocumented immigrants.
Age and generational differences show divides too. Pew found people under 50 favored birthright citizenship for children of parents who immigrated illegally by 58%-41%, while nearly six in 10 of those 50 or older opposed it. Pew also found two-thirds of second-generation Americans favored birthright citizenship, but 55% of third-generation or higher opposed it.
How people get information matters. PRRI found more than 80% of those who trust newspapers or mainstream TV news support birthright citizenship “regardless of their parents’ citizenship status.” By contrast, only 41% of those who most trust Fox News supported it, and just 29% of those who prefer outlets further to the right did.
The Supreme Court’s upcoming decision could alter a practice rooted in the 14th Amendment and longstanding U.S. policy, and the public’s divided views—shaped by party, race, age and media habits—underscore how contested the issue remains.