Claims about a so-called “Born in America Act” often circulate online, suggesting that being born in the United States no longer guarantees citizenship. Is that true? This article cuts through misinformation to explain what U.S. law actually says about birthright citizenship.
What People Mean by the “Born in America Act”
There is no federal law officially titled the “Born in America Act.” The phrase is commonly used in blogs, videos, or posts to refer to proposals or political talking points about ending or limiting birthright citizenship. These claims are frequently misleading.
Key takeaway: When someone says “Born in America Act,” they’re usually referring to a proposal, bill idea, or misinterpretation—not an enacted law.
What the U.S. Constitution Actually Says
Birthright citizenship is grounded in the 14th Amendment to the U.S. Constitution, ratified in 1868:
“All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States…”
This constitutional provision—not a statute—establishes citizenship at birth for nearly everyone born on U.S. soil.
Why this matters: A constitutional rule cannot be changed by a simple act of Congress. It would require either a constitutional amendment or a Supreme Court reinterpretation.
Supreme Court Interpretation: Settled Law
The Supreme Court has addressed birthright citizenship, most notably in United States v. Wong Kim Ark (1898). The Court held that a child born in the U.S. to non-citizen parents is a U.S. citizen, as long as the parents are not foreign diplomats or enemy occupiers.
Legal consensus: This decision has stood for more than a century and is considered settled law.
Are There Any Exceptions?
Yes, but they are very narrow:
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Children of foreign diplomats stationed in the U.S.
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Children born to enemy forces during hostile occupation (historical and rare)
For everyone else—regardless of parents’ immigration status—birth on U.S. soil generally confers citizenship.
So Why Do People Say the Law Changed?
Misinformation often arises from:
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Proposed bills that never passed
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Political speeches suggesting executive action
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Viral social media posts lacking legal context
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Confusion between law and policy debates
No president has the authority to end birthright citizenship by executive order alone.
Could Birthright Citizenship Be Ended in the Future?
In theory, yes—but it would be extremely difficult. It would require one of the following:
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A constitutional amendment (approval by two-thirds of Congress and three-fourths of the states), or
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A new Supreme Court ruling overturning long-standing precedent
As of now, neither has occurred.
Is the “Born in America Act” True?
No. There is no law called the “Born in America Act” that ends or changes birthright citizenship. If you are born in the United States, you are still a U.S. citizen, with very limited exceptions.
Be cautious of headlines that claim otherwise—they often confuse proposals with actual law.