Who Counts as American? The Birthright Citizenship Debate

For over 150 years, the U.S. has granted automatic citizenship to babies born on American soil, a principle rooted in the 14th Amendment and seen by many as key to equality and opportunity. But most countries don’t follow jus soli (“right of soil”), granting citizenship instead by bloodline. Critics, including President Donald Trump, argue birthright citizenship encourages illegal immigration and birth tourism, cheapening the value of citizenship. In this episode, legal scholars and policy experts weigh in on what the 14th Amendment guarantees and what remains open to interpretation. We also meet people whose lives have been shaped by birthright citizenship: a newly naturalized citizen, an undocumented mother, and someone born a U.S. citizen who no longer wants that status. Guests Rogers Smith, political scientist and author of Citizenship Without Consent (www.live-sas-www-polisci.pantheon.sas.upenn.edu/people/standing-faculty/rogers-smith) Abdi Soltani, Executive Director, ACLU of Northern California (www.aclunc.org/staff/abdi-soltani-hehim) Lora Ries, Director, Border Security & Immigration Center, The Heritage Foundation (www.heritage.org/staff/lora-ries) Christian, writer and undocumented mother of five U.S.-citizen children (www.lacuenta.substack.com/) Daniel Burciaga, recently naturalized U.S. citizen Jessica Burciaga, U.S. citizen by birthright Kate Panova, journalist, founder of UAWelcome (www.uawelcome.org/) Fabien Lehagre, founder of L'Association des Américains Accidentels (www.americains-accidentels.fr/) Credit: Audio of Sen. Lindsey Graham from NBC’s Meet the Press, Jan. 26, 2025 Chapters 00:00 Intro 00:58 Naturalization 03:37 History 05:09 Trump’s EO 06:33 Critics’ Views 09:32 Real Impacts 18:43 Birth Tourism 27:51 Accidental American 32:17 14th Amendment 41:24 Modern Takes 51:58 Final Thoughts