# What makes someone a US citizen? **URL:** \ **Category:** Factual Questions\ **Created:** [June 27, 2025, 11:33pm UTC](https://boards.straightdope.com/t/what-makes-someone-a-us-citizen/1020208 "2025-06-27T23:33:19Z")\ **Posts on this page:** 20\ **Page:** 1
**Author:** ![Oly](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/oly/32/8255_2.png) [@Oly](https://boards.straightdope.com/u/Oly)\ **Post date:** [June 27, 2025, 11:33pm UTC](https://boards.straightdope.com/t/what-makes-someone-a-us-citizen/1020208/1 "2025-06-27T23:33:19Z")
What I can find is: 1. Born in the USA 2. Born to at least one parent who is a US citizen 3. Naturalization If (1) goes away, it would seem to put the citizenship of everyone who is not a naturalized citizen in jeopardy. Number (2) won’t save them, at least not if their parent’s (or parents’) citizenship is based on (1), because then their parents’ citizenship would be in jeopardy. So if birthright citizenship is declared null and void, wouldn’t it create a situation whereby the only bonafide US citizens would be those who were naturalized (ie. started out as noncitizens then went through the naturalization process) or had at least one parent who did so. In other words, the only ironclad US citizens would be people who were born outside the US and their children. Ironic, or am I missing something? * * * Apologies if: 1. This is in the wrong thread. I would like a factual answer to the question in the title. But I realize I’ve added other commentary, so move it if it fits better elsewhere. 2. This has already been discussed. I tried searching but didn’t find. ---
**Author:** ![Saint\_Cad](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/saint_cad/32/18907_2.png) [@Saint\_Cad](https://boards.straightdope.com/u/Saint_Cad)\ **Post date:** [June 27, 2025, 11:37pm UTC](https://boards.straightdope.com/t/what-makes-someone-a-us-citizen/1020208/2 "2025-06-27T23:37:04Z")
Here is the United States Code on who is a natural born [citizen](https://www.law.cornell.edu/uscode/text/8/1401). It’s more complicated than #1 and #2 in your list. ---
**Author:** ![Whack-a-Mole](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/whack-a-mole/32/141_2.png) [@Whack-a-Mole](https://boards.straightdope.com/u/Whack-a-Mole)\ **Post date:** [June 27, 2025, 11:42pm UTC](https://boards.straightdope.com/t/what-makes-someone-a-us-citizen/1020208/3 "2025-06-27T23:42:08Z")
You nailed the main points. If the courts upend this then who knows? I am not sure there are laws in place to cover it since it has never been an issue. Anyone born within U.S. territory (including all 50 states, District of Columbia, and most U.S. territories) automatically becomes a U.S. citizen at birth, regardless of their parents’ citizenship status. Born abroad to U.S. citizen parents: Children born outside the U.S. may acquire citizenship at birth if: - Both parents are U.S. citizens, and at least one lived in the U.S. before the child’s birth - One parent is a U.S. citizen who lived in the U.S. for at least 5 years (with at least 2 years after age 14) - Specific residency requirements vary based on when the child was born Beyond that you have to go through naturalization proceedings. There also may be special rules for those in the military and their spouse/child. Not sure though. ---
**Author:** ![Hari\_Seldon](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/hari_seldon/32/5173_2.png) [@Hari\_Seldon](https://boards.straightdope.com/u/Hari_Seldon)\ **Post date:** [June 28, 2025, 12:15am UTC](https://boards.straightdope.com/t/what-makes-someone-a-us-citizen/1020208/4 "2025-06-28T00:15:39Z")
You really cannot avoid politics and answer this question. The current proposal, as I understand it, is that if the mother is a legal immigrant, the child will be a citizen. The point is to exclude children born to illegal immigrants or to tourists. So my grandparents all legally immigrated to the US, not Ellis Island, but port of Philadelphia, so my parents were legitimately citizens, even by current administration standards; therefore so am I and my children (two of whom born outside the US). If you took the OP seriously, only native Americans would be citizens and maybe not them. Besides I am sure the courts would grandfather (literally) all current citizens. Or chaos would ensue. ---
**Author:** ![Whack-a-Mole](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/whack-a-mole/32/141_2.png) [@Whack-a-Mole](https://boards.straightdope.com/u/Whack-a-Mole)\ **Post date:** [June 28, 2025, 12:16am UTC](https://boards.straightdope.com/t/what-makes-someone-a-us-citizen/1020208/5 "2025-06-28T00:16:56Z")
This thread may be worth reading on this topic: > [@What is the legal reasoning that 'allows' ending birthright citizenship?](https://boards.straightdope.com/t/what-is-the-legal-reasoning-that-allows-ending-birthright-citizenship/1013335): > > Please, no snark, no ‘trump is bad’, etc. I’m interested in what the legal argument is that the Trump administration is using to justify ending birthright with an executive order vs. a constitutional amendment. What is the legal wrangling they are using to think that an executive order is a legitimate means to accomplish the end goal? ---
**Author:** ![Monty](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/monty/32/47_2.png) [@Monty](https://boards.straightdope.com/u/Monty)\ **Post date:** [June 28, 2025, 12:23am UTC](https://boards.straightdope.com/t/what-makes-someone-a-us-citizen/1020208/6 "2025-06-28T00:23:37Z")
> [@Whack-a-Mole](#): > > There also may be special rules for those in the military and their spouse/child. Not sure though. IIRC, there are only three special rules for them. 1. Shortened time before being eligible for citizenship. 2. Immediately eligible for naturalization if wounded in combat while member of the US military. 3. Expeditious naturalization for the service member’s family members. This is (or was) a program in which if the sponsoring service member were transferred overseas, the foreign family members are immediately naturalized upon application and contingent on their immediately joining the sponsoring miltiary member overseas. Also, IIRC, this program applies (or applied) to _both_ military and all oher federal workers. I’m going to be posting [this link](https://www.yahoo.com/news/supreme-court-limits-nationwide-injunctions-141830512.html) in the cluster thread in The BBQ Pit shortly. This is going to be immediately more complicated than it used to be. I think the aricle’s title is enough info for this thread. > [@](#): > > Supreme Court limits nationwide injunctions, but fate of Trump birthright citizenship order unclear ---
**Author:** ![md-2000](https://avatars.discourse-cdn.com/v4/letter/m/9d8465/32.png) [@md-2000](https://boards.straightdope.com/u/md-2000)\ **Post date:** [June 28, 2025, 2:43pm UTC](https://boards.straightdope.com/t/what-makes-someone-a-us-citizen/1020208/7 "2025-06-28T14:43:10Z")
As I understand, the point of the executive order was to eliminate the automatic citizenship granted to children of people in the country illegally, not everyone born in the USA. The thing nobody discusses was whether this included tourists and others without permanent residence. Presumably also strictly the mother’s status. Would that include or exclude, say, people on (temporary) student visas? And also not discussed in the news was whether this would be retroactive? The news after the court decision said the executive order could “take effect in 30 days” outside of the jurisdiction of the original court. > [@Whack-a-Mole](#): > > One parent is a U.S. citizen who lived in the U.S. for at least 5 years (with at least 2 years after age 14) I reall reading somewhere that the criteria was age 18, and this was the crux of the “birther conspiracy”, that since Obama’s mother was not 2 years past her 18th birthday, if the president had been born abroad (he wasn’t, he was born in Hawaii) then he would not be a US citizen from his mother’s citizenship. Whereas John McCain, son of two American citizens, was born in the Canal Zone in Panama, and was a citizen. ---
**Author:** ![Northern\_Piper](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/northern_piper/32/5304_2.png) [@Northern\_Piper](https://boards.straightdope.com/u/Northern_Piper)\ **Post date:** [June 28, 2025, 2:52pm UTC](https://boards.straightdope.com/t/what-makes-someone-a-us-citizen/1020208/8 "2025-06-28T14:52:06Z")
> [@md-2000](#): > > Whereas John McCain, son of two American citizens, was born in the Canal Zone in Panama, and was a citizen. Only by virtue of a specific federal statute, which specifically provided that children of US citizens in the Canal Zone were themselves citizens. ---
**Author:** ![mplo](https://avatars.discourse-cdn.com/v4/letter/m/ac8455/32.png) [@mplo](https://boards.straightdope.com/u/mplo)\ **Post date:** [June 28, 2025, 3:01pm UTC](https://boards.straightdope.com/t/what-makes-someone-a-us-citizen/1020208/9 "2025-06-28T15:01:20Z")
If the mother came here as a legal immigrant, she’s now a citizen of the United States, as are her children. ---
**Author:** ![orcenio](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/orcenio/32/1036_2.png) [@orcenio](https://boards.straightdope.com/u/orcenio)\ **Post date:** [June 28, 2025, 3:02pm UTC](https://boards.straightdope.com/t/what-makes-someone-a-us-citizen/1020208/10 "2025-06-28T15:02:20Z")
What makes a US citizen is whatever the current power makes it. Never forget that. US citizen means nothing if the governing power dictates it ad hoc. It means nothing. Side note: I legitimately think a lot of people who love and support the fascist actions of their nations, do so under the mistaken belief that they are special. The state will act against hated minorities. No. The state will choose whatever minority gets victimized. That can include you too. ---
**Author:** ![DMC](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/dmc/32/18049_2.png) [@DMC](https://boards.straightdope.com/u/DMC)\ **Post date:** [June 28, 2025, 3:10pm UTC](https://boards.straightdope.com/t/what-makes-someone-a-us-citizen/1020208/11 "2025-06-28T15:10:40Z")
> [@mplo](#): > > If the mother came here as a legal immigrant, she’s now a citizen of the United States, as are her children. Can I get a cite for this, please? ---
**Author:** ![Chronos](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/chronos/32/134_2.png) [@Chronos](https://boards.straightdope.com/u/Chronos)\ **Post date:** [June 28, 2025, 3:30pm UTC](https://boards.straightdope.com/t/what-makes-someone-a-us-citizen/1020208/12 "2025-06-28T15:30:50Z")
> [@Northern\_Piper](#): > > Only by virtue of a specific federal statute, which specifically provided that children of US citizens in the Canal Zone were themselves citizens. And one passed after McCain was born, at that. When McCain was born, there was an odd loophole in the law, concerning the Canal Zone: Children born in the territory and jurisdiction of the US are citizens, and children born outside of the territory and jurisdiction of the US can be citizens based on the citizenship of their parents, but the Canal Zone fell into neither of those categories, since it was outside of the territory of the US, but under its jurisdiction. ---
**Author:** ![Dr.Drake](https://avatars.discourse-cdn.com/v4/letter/d/ad7895/32.png) [@Dr.Drake](https://boards.straightdope.com/u/Dr.Drake)\ **Post date:** [June 28, 2025, 3:49pm UTC](https://boards.straightdope.com/t/what-makes-someone-a-us-citizen/1020208/13 "2025-06-28T15:49:47Z")
The text of Trump’s Birthright Citizen order [Protecting The Meaning And Value Of American Citizenship – The White House](https://www.whitehouse.gov/presidential-actions/2025/01/protecting-the-meaning-and-value-of-american-citizenship/) lays out their ideas for the new rules. Under the new rules, were they retroactive, only one of my grandparents would have been a US citizen, but that’s enough. Lots of _jus sanguinis_ counties ultimately go back to “if your ancestors were here when we started documenting all this, you’re a citizen,” and in many cases that doesn’t actually go back all that far. ---
**Author:** ![DMC](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/dmc/32/18049_2.png) [@DMC](https://boards.straightdope.com/u/DMC)\ **Post date:** [June 28, 2025, 3:55pm UTC](https://boards.straightdope.com/t/what-makes-someone-a-us-citizen/1020208/14 "2025-06-28T15:55:37Z")
I’m unsure of exactly how this answers my response for a cite. The statement that I questioned was: > [@mplo](#): > > If the mother came here as a legal immigrant, she’s now a citizen of the United States, as are her children. That reads to me as if the mother gains automatic citizenship upon birthing a child here. That has never been the case as far as I’m aware. I don’t believe this to be true today, nor after Trump’s proposed change. Does you response in any way confirm (or discount) the claim made by @mplo? ---
**Author:** ![Dr.Drake](https://avatars.discourse-cdn.com/v4/letter/d/ad7895/32.png) [@Dr.Drake](https://boards.straightdope.com/u/Dr.Drake)\ **Post date:** [June 28, 2025, 4:00pm UTC](https://boards.straightdope.com/t/what-makes-someone-a-us-citizen/1020208/15 "2025-06-28T16:00:14Z")
I think it discounts it, but also gives an idea of what they might have been trying to express. I posted it because it seemed like the closest thing for a cite in the hypothetical brave new world; **Saint\_Cad** already posted a factual cite on the current legal reality in post #2. ---
**Author:** ![Schnitte](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/schnitte/32/9033_2.png) [@Schnitte](https://boards.straightdope.com/u/Schnitte)\ **Post date:** [June 28, 2025, 4:24pm UTC](https://boards.straightdope.com/t/what-makes-someone-a-us-citizen/1020208/16 "2025-06-28T16:24:13Z")
There’s already a proviso to birthright citizenship in the rule that children born in the US do not get citizenship if the reason their parents were in the country at the time of the child’s birth was that they (or rather, at least one of them) were a foreign diplomat posted to the US (constitutionally, this is justified via the “subject to the jurisdiction” clause in the text of the 14th Amendment). So an additional proviso requiring legal immigration status of the parents would, while politically hugely controversial, not be logically inconceivable. Current British (another traditional jus sanguinis country) nationality law has such a requirement, for instance. ---
**Author:** ![Dewey\_Finn](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/dewey_finn/32/4222_2.png) [@Dewey\_Finn](https://boards.straightdope.com/u/Dewey_Finn)\ **Post date:** [June 28, 2025, 4:32pm UTC](https://boards.straightdope.com/t/what-makes-someone-a-us-citizen/1020208/17 "2025-06-28T16:32:28Z")
> [@mplo](#): > > If the mother came here as a legal immigrant, she’s now a citizen of the United States, as are her children. Please explain further. ---
**Author:** ![DrDeth](https://avatars.discourse-cdn.com/v4/letter/d/b487fb/32.png) [@DrDeth](https://boards.straightdope.com/u/DrDeth)\ **Post date:** [June 28, 2025, 7:24pm UTC](https://boards.straightdope.com/t/what-makes-someone-a-us-citizen/1020208/18 "2025-06-28T19:24:56Z")
> [@md-2000](#): > > As I understand, the point of the executive order was to eliminate the automatic citizenship granted to children of people in the country illegally, not everyone born in the USA. The ACLUs explanation > **[Trump’s Executive Order on Birthright Citizenship, Explained](https://www.aclu-nj.org/en/news/trumps-remarks-birthright-citizenship-explained)** > > Yesterday, Trump signed an executive order intended to end birthright citizenship. We break down why that’s clearly unconstitutional. _Trump’s campaign website states that, to qualify as a citizen, any baby born after his executive order would need to have at least one parent who is a citizen or lawful permanent resident. Scholars across the political spectrum agree that this proposal is clearly unconstitutional because it plainly violates the 14th Amendment. The ACLU breaks down why._ ---
**Author:** ![Saint\_Cad](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/saint_cad/32/18907_2.png) [@Saint\_Cad](https://boards.straightdope.com/u/Saint_Cad)\ **Post date:** [June 28, 2025, 8:00pm UTC](https://boards.straightdope.com/t/what-makes-someone-a-us-citizen/1020208/19 "2025-06-28T20:00:09Z")
> [@DrDeth](#): > > Trump’s campaign website states that, to qualify as a citizen, any baby born after his executive order would need to have at least one parent who is a citizen or lawful permanent resident. Scholars across the political spectrum agree that this proposal is clearly unconstitutional because it plainly violates the 14th Amendment. The ACLU breaks down why. I mentioned it here or in that other thread that there is a minority legal theory that “subject to the jurisdiction thereof” means that you are a citizen and therefore owe allegience to the government or has lawful (permanent?) residence and thus have given an oath of allegence to the government. IF that legal theory is correct then this would be Constitutional … but that’s a big if. However, if the current SCOTUS agreed with that interpretation of STTJT it would not surprise me. ---
**Author:** ![DrDeth](https://avatars.discourse-cdn.com/v4/letter/d/b487fb/32.png) [@DrDeth](https://boards.straightdope.com/u/DrDeth)\ **Post date:** [June 28, 2025, 8:10pm UTC](https://boards.straightdope.com/t/what-makes-someone-a-us-citizen/1020208/20 "2025-06-28T20:10:23Z")
> [@Saint\_Cad](#): > > I mentioned it here or in that other thread that there is a minority legal theory that “subject to the jurisdiction thereof” means that you are a citizen and therefore owe allegience to the government or has lawful (permanent?) residence and thus have given an oath of allegence to the government. IF that legal theory is correct then this would be Constitutional … but that’s a big if. I concur. But altho we agree trumps hypothesis is very doubtful- it isnt absolutely crazy. He is not trying to end all birthright citizenship, just a narrow portion of it. Mind you, I do not like his idea at all. [Next page](https://boards.straightdope.com/t/what-makes-someone-a-us-citizen/1020208.md?page=2)