Here are the very rare exceptions to birthright citizenship in the US

The Supreme Court on Wednesday heard arguments in a case involving President Trump’s executive order ending birthright citizenship, putting the 14th Amendment back in the legal spotlight.

The amendment, ratified in 1868 amid Reconstruction, 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.”

It also says that no state “shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.”

At the time, the clause was intended to grant citizenship to formerly enslaved individuals who were born in the U.S, after the Supreme Court ruled in the 1857 Dred Scott v. Sandford case that the Constitution did not extend citizenship to those of black African descent. 

But the president’s executive order, which he signed on his first day back in office, said the amendment “has never been interpreted to extend citizenship universally to everyone born within the United States” and “has always excluded from birthright citizenship persons who were born in the United States but not ‘subject to the jurisdiction thereof.’”

Yet there are already exceptions to the 14th Amendment, as the phrase “subject to the jurisdiction thereof” provides for them. 

Children born in the U.S. to foreign diplomats, for instance, are not granted citizenship. This is due to the principle of diplomatic immunity, under which certain foreign government officials are not subject to the jurisdiction of the courts and other authorities of their host countries, according to the State Department.

The Department of Homeland Security, however, allows these children to be considered lawful permanent residents from birth if they so choose. 

“Registration as a permanent resident under this provision is entirely voluntary, but it does involve an application process,” the policy manual for U.S. Citizenship and Immigration Services states. “This registration process is necessary and available only if both parents were foreign diplomats when the child was born.”

If one parent was a diplomat, but the other was a U.S. citizen or national, then the child is considered a citizen. Diplomats that have full immunity are listed on the State Department’s Blue List — which the administration no longer publishes — with children of individuals not on that list receiving citizenship at birth. 

Those born on U.S. land that is occupied by a foreign army also do not receive citizenship, as noted by an amicus curiae brief filed in February by University of California Law professor Vikram Amar in support of the challenge to the president’s executive order. This also applies to those born on “foreign public vessels” in U.S. waters, Amar added.

“Even if one thinks that, say, Houston or LA or Minneapolis is being ‘invaded’ by aliens, these cities are emphatically not being occupied by foreign forces, as these latter two italicized words were understood in pre-1860s international-law scenarios — involving, for example, British troops in certain parts of America in the 1810s, and American troops in certain parts of Mexico in the 1840s,” he wrote, referring to one of the Trump administration’s justifications for cracking down on immigration.

Many Native Americans, as members of their respective tribal nations, were also not granted birthright citizenship for more than 50 years after the passage of the 14th Amendment under the “subject to the jurisdiction” phrasing.

But the 1924 Indian Citizenship Act, signed into law by former President Calvin Coolidge, declared that all “non-citizen Indians born within the territorial limits of the U.S.” are citizens. 

The law also notes that the granting of American citizenship “shall not in any manner impair of otherwise affect the right” of any Native American to tribal or other property. Native Americans, therefore, can retain tribal and U.S. citizenship concurrently.

Copyright 2026 Nexstar Media Inc. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed.

More Court Battles News

Live updates: Trump-appointed justices appear unswayed by admin’s birthright ...

Trump administration shuts down social media accounts tied to Bovino

Trump losing support from core supporters as approval drops to record low in ...

Trump not immune from civil claims from Jan. 6 speech, judge rules

Mark Kelly on Artemis II mission: ‘This is something we’ve never done ...

Hegseth lifts suspension for Army pilots who did fly-by at Kid Rock’s estate

Judge rules Trump administration unlawfully terminated legal status of migrants ...

Former FBI agents who worked on Trump election investigation sue Patel, Bondi

GOP sources see Trump shifting to back Senate bill funding most of DHS

Lindsey Graham responds after photos show him at Disney World

TSA workers asked to return $1K gift cards donated by Tyler Perry

Live updates: Trump signs mail-in voting order; judge rules president ...

Jackson breaks with liberal justices in backing ‘conversion therapy’ ban

Nate Silver on recent polling: Trump has ‘profound problems’

Democrats investigating TSA, ICE data sharing after San Francisco airport ...

In Latin America, China’s Silk Road Ark is sunk 

Winds shift in support of resolution to end Trump’s war with Iran

Iran strikes Qatari tanker; acknowledges direct contact with US

© The Hill