when did birthright citizenship start

Birthright citizenship in the United States is generally traced to the 14th Amendment, ratified in 1868. That amendment is the legal foundation for automatic citizenship for people born on U.S. soil, and the rule was later affirmed by the Supreme Court in United States v. Wong Kim Ark in 1898.

Quick history

• 1866: The principle was first clearly defined in the Civil Rights Act of 1866.

• 1868: It was then embedded in the Constitution through the 14th Amendment.

• 1898: The Supreme Court confirmed the doctrine in Wong Kim Ark.

Why it matters

The key constitutional language says that people born in the United States and “subject to the jurisdiction thereof” are citizens. That has long been understood to mean most people born in the country are citizens automatically, with a few exceptions such as children of foreign diplomats.

Bottom line

So, if you’re asking when birthright citizenship started as a U.S. legal rule , the short answer is 1868. If you’re asking when it was firmly confirmed in court , the major milestone is 1898.