How many people gain U.S. citizenship by birthright? See the numbers.
With President Donald Trump there to watch, the U.S. Supreme Court heard arguments April 1 on whether children born in the United States should automatically be granted U.S. citizenship – a significant case that could upend a precedent set 158 years ago.
The court will decide in Trump v. Barbara whether Trump's executive order to limit birthright citizenship is constitutional. Trump, who signed the order shortly after taking office in January 2025, attended the hearing, the first time a sitting president has been present for oral arguments.
A ruling is expected this summer.
It's the second time the Supreme Court has considered Trump's citizenship order. On June 27, 2025, the justices voted 6-3 to partially stay temporary restraints by district courts that blocked Trump's order from taking effect. The court said the district courts had likely exceeded their authority.
The court did not rule on whether Trump's order itself was constitutional. But none of the justices voiced support during oral arguments May 15 for the administration’s assertion that Trump’s order is consistent with the 14th Amendment’s citizenship clause and past Supreme Court decisions about that provision.
Since 1868, birthright citizenship has made anyone born in the United States a citizen – whether the child of citizens, foreign nationals living legally in the United States or unauthorized immigrants.
Changes to birthright laws would affect a large portion of the U.S. population.
According to 2024 data from the U.S. Census, more than 25 million foreign-born U.S. residents were naturalized citizens.
How many people gain citizenship through birthright?
According to estimates from the Migration Policy Institute and Penn State’s Population Research Institute, ending birthright citizenship would result in an average of 255,000 children being born in the United States without citizenship each year and would increase the number of unauthorized migrants living in the United States by 2.7 million by 2045 and 5.4 million by 2075.
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The Pew Research Center found in 2022 that about 4.4 million U.S.-born children under 18 live with an unauthorized immigrant parent.
How many unauthorized immigrants live in the U.S.
The number of unauthorized immigrants in the United States has increased from the 1990s, peaking at 12.2 million in 2007, according to estimates from the Pew Research Center.
Where does the foreign-born population live in the United States?
In 2022, nearly a quarter of the U.S. foreign-born population lived in California. Foreign-born populations made up more than 20% of New Jersey, New York, California and Florida's total populations, according to the Census Bureau.
Foreign-born residents are anyone who was born outside the United States, including naturalized U.S. citizens; lawful permanent residents; temporary migrants, such as international students; humanitarian migrants such as refugees; and unauthorized migrants.
In almost every state, the foreign-born population was larger in 2022 compared with 2010. Delaware,North Dakota, South Dakota and West Virginia experienced the largest increases of foreign-born populations from 2010 to 2022, a bump of 40% or more in each state.
The foreign-born population in the United States has increased over the past five decades. In 1970, 4.7% of the U.S. population was born outside the country. By 2022, 13.9% of the U.S. population was foreign-born.
Where are foreign-born U.S. residents immigrating from?
More than half of foreign-born residents in the United States immigrated from countries in Latin America, according to the Census Bureau. Close to a third of residents immigrated from Asia.
What is naturalization?
The Council on Foreign Relations describes naturalization as a process in which a non-U.S. citizen can apply for citizenship after meeting specific requirements, such as passing a civics test, demonstrating basic English proficiency and living in the United States over a continuous period of time.
Which countries grant birthright citizenship?
According to a Pew Research Center analysis, 32 other countries around the world, most of them in the Western Hemisphere, have birthright citizenship laws that are substantially similar to those of the U.S.
Read more:
Countries in the Americas grant birthright citizenship. What happens if they revoke it?
Key takeaways from the historic Supreme Court debate on birthright citizenship
NOTE This story updates a previous report with new information.
CONTRIBUTING Lauren Villagran, Maureen Groppe and Bart Jansen
SOURCE USA TODAY Network reporting and research; Reuters; U.S. Census Bureau