However, some legal scholars insist they don’t meet the 14th Amendment’s jurisdictional allegiance obligations. And should be subject to the political jurisdiction (and allegiance) of their parents’ country.
The same applies to the children of illegal aliens because children born in the United States to foreign citizens are citizens of their parent’s home country.
Federal law remains ambiguous. For example, U.S. immigration law (8 U.S.C. § 1401) simply repeats the language of the 14th Amendment, including the phrase “subject to the jurisdiction thereof.”
Public Opinion on Birthright Citizenship
Trump’s stance on birthright citizenship has significant public backing. A poll conducted by Emerson College found that 45% of Americans support changing the policy to prevent children of undocumented immigrants from automatically becoming citizens, while 37% oppose the change. Additionally, 19% of respondents were neutral or had no opinion.
The poll also highlights partisan differences. Among Republicans, 69% favor ending birthright citizenship, while only 25% of Democrats and 38% of independents share this view.
How Other Countries Handle Citizenship
Birthright citizenship is relatively rare worldwide. The U.S. is one of about 30 countries—primarily in the Americas—that grant automatic citizenship to anyone born within their borders.
