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Fact check: What is the difference between naturalization and birthright citizenship in the US?
Checked on June 12, 2025
1. Summary of the results
The key difference between naturalization and birthright citizenship lies in how they are obtained:
*Birthright Citizenship:
- Automatically granted to individuals born on U.S. soil or to U.S. citizen parents [1]
- Based on the 14th Amendment and confirmed by the 1898 Supreme Court case United States v. Wong Kim Ark [1]
- Applies regardless of parents' immigration status [1]
Naturalization:
- A legal process requiring formal application and specific eligibility requirements [1]
- Requires residency, good moral character, English proficiency, and passing a civics test [1]
- Involves background checks and an oath of allegiance [2]
- Naturalized citizens have almost all the same rights as birthright citizens, except presidential eligibility [2]
**2. Missing context/alternative viewpoints**
There is significant debate about the original intent of birthright citizenship:
- Some argue that the 14th Amendment was primarily designed to address citizenship for emancipated slaves, not universal birthright citizenship [3]
- South Carolina Attorney General Alan Wilson contends that the amendment wasn't intended to grant automatic citizenship to children of illegal immigrants or temporary visitors [4]
- There is an ongoing debate between originalist and living Constitution interpretations [4]
**3. Potential misinformation/bias in the original statement**
The original question, while neutral, doesn't acknowledge:
- The complex historical context and ongoing legal debates surrounding birthright citizenship
- That citizenship represents a "unique bond" uniting people around civic ideals [5]
Who benefits from different interpretations:*
- Restrictive interpretation advocates: Conservative political groups and those supporting stricter immigration policies would benefit from a narrower reading of the 14th Amendment
- Broad interpretation supporters: Immigration advocacy groups and progressive organizations benefit from the current universal birthright citizenship interpretation
- Legal scholars and politicians: Both sides of the debate provide opportunities for legal experts and politicians to advance their careers and influence through interpretation of the 14th Amendment
Want to dive deeper?
What are the requirements for naturalization in the United States?
How does the 14th Amendment establish birthright citizenship in America?
Can birthright citizenship be revoked or changed through legislation?
What countries besides the US practice jus soli birthright citizenship?
How long does the naturalization process typically take in the United States?