united-states us-constitution citizenship
Is American citizenship automatic when born on US soil?
<p>The US constitution states that </p>

<blockquote>
  <p>All persons born or naturalized in the United States, and subject to
  the jurisdiction thereof, are citizens of the United States and the
  State wherein they reside.</p>
</blockquote>

<p>Does this mean that anyone who is born in the US is automatically a US citizen, whether they want it or not? Or does this amendment just offer the possibility of requesting citizenship?</p>

<p>In other words: is there an action to be made in order to become a US citizen when born in the US (and therefore one is not before this action is performed)?</p>

<p>Note: this question is different from <a href="https://law.stackexchange.com/questions/33056/what-is-the-meaning-of-and-subject-to-the-jurisdiction-thereof-in-the-14th-ame">another one</a> which deals with the "<em>and subject to the jurisdiction thereof</em>" part. Mine is about the automatism (or lack of) of the acquisition.</p>

<blockquote>
  <p>Does this mean that anyone who is born in the US is automatically a US citizen, whether they want it or not?</p>
</blockquote>

<p>Yes (subject to a couple of exceptions, namely the children of diplomats with full immunity and the children of a hostile foreign occupier).</p>

<blockquote>
  <p>Or does this amendment just offer the possibility of requesting citizenship?  In other words: is there an action to be made in order to become a US citizen when born in the US (and therefore one is not before this action is performed)?</p>
</blockquote>

<p>No.  For someone who falls under the 14th amendment's citizenship clause, the only way to avoid being a US citizen is to <a href="https://en.wikipedia.org/wiki/Relinquishment_of_United_States_nationality" rel="nofollow noreferrer">relinquish or renounce it</a>, which generally means that one is stuck with the US citizenship for at least 18 years.</p>

<p>Most countries' citizenship laws, or at least all of those with which I am familiar, operate this way—automatically—for "normal" cases of acquisition of citizenship by virtue of the circumstances of birth.  This is true whether the citizenship derives from the place of birth or from the parents' citizenship.</p>

<p>If you're assuming that the child is "subject to the jurisdiction thereof," the child is a citizen of the United States, immediately upon birth. </p>

<p>No waiting, no paperwork, no red tape.</p>
