Birthright citizenship in the United States in the context of "Jus soli"

Play Trivia Questions online!

or

Skip to study material about Birthright citizenship in the United States in the context of "Jus soli"

Ad spacer

⭐ Core Definition: Birthright citizenship in the United States

United States citizenship can be acquired by birthright in two situations: by virtue of the person's birth within United States territory while under the jurisdiction thereof (jus soli) or because at least one of their parents was a U.S. citizen at the time of the person's birth (jus sanguinis). Birthright citizenship contrasts with citizenship acquired in other ways, for example by naturalization.

Birthright citizenship is explicitly guaranteed to anyone born under the legal "jurisdiction" of the U.S. federal government by the Citizenship Clause of the Fourteenth Amendment to the United States Constitution (adopted July 9, 1868), which states:

↓ Menu

>>>PUT SHARE BUTTONS HERE<<<
In this Dossier

Birthright citizenship in the United States in the context of Puerto Ricans

Puerto Ricans (Spanish: Puertorriqueños, [pweɾtoriˈkeɲos]), commonly known as Boricuas, but also occasionally referred to as Borinqueños, Borincanos, or Puertorros, are an ethnic group based in the Caribbean archipelago and island of Puerto Rico, and a nation identified with the Commonwealth of Puerto Rico through ancestry, culture, or history. Puerto Ricans are predominately a tri-racial, Spanish-speaking, Christian society, descending in varying degrees from Indigenous Taíno natives, Spanish and other European colonists, and West and Central African slaves, freedmen, and free Blacks. As citizens of a U.S. territory, Puerto Ricans have automatic birthright American citizenship, and are considerably influenced by American culture. The population of Puerto Ricans is between 9 and 10 million worldwide, with the overwhelming majority residing in Puerto Rico and the mainland United States.

↑ Return to Menu

Birthright citizenship in the United States in the context of Citizenship of the United States

Citizenship of the United States is a legal status that entails citizens with specific rights, duties, protections, and benefits in the United States. It serves as a foundation of fundamental rights derived from and protected by the Constitution and laws of the United States, such as freedom of expression, due process, the rights to vote, live and work in the United States, and to receive federal assistance.

There are two primary sources of citizenship: birthright citizenship, in which persons born within the territorial limits of the United States (except American Samoa) are presumed to be a citizen, or—providing certain other requirements are met—born abroad to a United States citizen parent, and naturalization, a process in which an eligible legal immigrant applies for citizenship and is accepted. The first of these two pathways to citizenship is specified in the Citizenship Clause of the Fourteenth Amendment of the Constitution which reads:

↑ Return to Menu

Birthright citizenship in the United States in the context of American Samoan citizenship and nationality

American Samoa is a territory of the United States with a population of about 44,000 people, but the people of American Samoa do not have birthright citizenship in the United States (unless at least one of their parents was a U.S. citizen at the time of their birth). Instead of being considered citizens, they are classified as non-citizen "nationals" of the United States. American Samoa is the only permanently inhabited territory of the United States whose inhabitants do not have birthright citizenship.

Non-citizen nationals do not have full protection of their rights, though they may reside and work in the United States and can gain entry without a visa. Territorial citizens do not have the ability for full participation in national politics and American Samoans cannot serve as officers in the U.S. military or in many federal jobs, are unable to bear arms, vote in local elections, serve on a jury, or hold public office or civil-service positions even when residing in a U.S. state. Like non-Americans, American Samoans can apply to become naturalized U.S. citizens once they reach the age of 18 and have resided in the U.S., including in American Samoa, for five years without leaving the U.S. for more than 6 months at a time.

↑ Return to Menu