Amendment XIV, Section 1, Clause 1 of the U.S. Constitution directs that all persons born in the United States are U.S. citizens. This is the case regardless of the tax or immigration status of a person's parents.

Under the 14th Amendment to the U.S. Constitution, the principle of jus soli (right of the soil) guarantees that nearly everyone born on U.S. soil is automatically a U.S. citizen at birth. This "birthright citizenship" applies regardless of the parents' nationality or immigration status. There are only a few extremely rare exceptions, such as children born to foreign diplomats who have "diplomatic immunity" and are not subject to U.S. jurisdiction at the time of birth. For 2026 parents, this means a child born in any of the 50 states, the District of Columbia, or certain U.S. territories like Puerto Rico and Guam is a citizen from the moment of their first breath. This status grants the child the right to a U.S. passport and all the protections of the federal government, establishing a permanent legal bond with the country that can only be relinquished voluntarily in adulthood.