The plain language of the 14th Amendment makes clear that “All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside.”

During the debate over ratification of the amendment, proponents and opponents of birthright citizenship knew that the right to American citizenship at birth for children born in the United States to non-citizen parents was at stake in the amendment’s final language. Members of Congress understood that the “and subject to the jurisdiction thereof” clause only eliminated from birthright citizenship two categories of people who are not subject to the jurisdiction of the United States: the children of diplomats, who enjoy diplomatic immunity, and lawful enemy combatants, who enjoy enemy combatant immunity. Congressional debate featured arguments about whether the children of Chinese and “gypsy” immigrants who were neither diplomats nor lawful enemy combatants should be granted birthright citizenship because it was well understood that the final language of the amendment would grant that right.