Claim: Children of illegal aliens are granted citizenship through birthright citizenship
95%Fact Check Analysis
The claim is TRUE. Under current U.S. law and long-standing Supreme Court precedent, children born in the United States to parents who are not U.S. citizens—including undocumented/illegal immigrants—are automatically granted American citizenship at birth.
Key Findings:
-
The 14th Amendment to the U.S. Constitution (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"1.
-
The Supreme Court affirmed this principle in United States v. Wong Kim Ark (1898), ruling that a person born in San Francisco to Chinese parents who were not permitted to naturalize nonetheless became a U.S. citizen at birth by virtue of the 14th Amendment1.
-
This constitutional guarantee has been consistently interpreted to include children born to immigrants regardless of their parents' legal status, with only narrow exceptions such as children of foreign diplomats234.
-
The principle is known as jus soli or "right of the soil," meaning nearly everyone born on U.S. soil is a U.S. citizen, regardless of their parents' immigration status3.
-
Multiple branches of government have long interpreted the Citizenship Clause as a broad grant of citizenship, removing the question of who is a citizen from ordinary politics2.
-
While there have been legislative proposals (such as the Birthright Citizenship Act of 2025) and executive orders attempting to deny citizenship to U.S.-born children of undocumented immigrants, legal scholars almost universally agree that ending birthright citizenship would require a constitutional amendment or a reversal of Supreme Court precedent54.
Overall validity: 95%
- Frequently Asked Questions: Citizenship under 14th Amendment
- Birthright Citizenship Under the U.S. Constitution | Brennan Center for Justice
- Birthright Citizenship - American Immigration Council
- Think Immigration: Birthright Citizenship – America's Legacy
- Birthright Citizenship Act of 2025: Bill Summary