Also known as:native born · nativeborn · natural-born
Written by attorneys · grounded in primary & secondary sources — see below
A person who acquires United States citizenship by birth within the territorial limits of the country rather than through the naturalization process.
Sources & Authorities
How it applies
Common Examples
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Foreign Vote Triggers Citizenship Challenge
Noah Nakamura, a native-born United States citizen, casts a ballot during a brief visit to his parents' homeland. Federal officials later notify him that the vote automatically ends his citizenship under an agency policy. He sues, and the court must decide whether the policy can apply to someone whose citizenship arose at birth.
Inheritance Dispute Involves Citizenship Status
Nalini Narula, a native-born United States citizen, claims land under a will that distinguishes between heirs based on citizenship acquired at birth. Opposing heirs argue that her status affects the validity of the devise. The court examines whether her native-born citizenship alters the outcome of the property contest.
Select any source to read its text and confirm it supports the definition.
Cases
Restatements
Dictionaries
Martin v. Hunter’s Lessee14 U.S. (1 Wheat.) 304 (1816)
Material Witness Detention Raises Status Questions
Nicholas Nunez, a native-born United States citizen, is detained under the material-witness statute while boarding an international flight. Officials later concede they lacked intent to call him as a witness and used the statute for investigative reasons. He challenges the detention by emphasizing his citizenship status from birth.
Ashcroft v. al-Kidd563 U.S. at 741
Exclusion Order Targets Native-Born Resident
Nicole Navarro, a native-born United States citizen of Japanese ancestry, receives an order excluding her from a designated military area during wartime. She is convicted for remaining in her home state. The court reviews whether the order can constitutionally apply to a citizen whose status arose at birth.
Korematsu v. United States323 U.S. 214 (1944)
Residence Requirement Affects Benefits Claim
Nyah Ndlovu, a native-born United States citizen, moves to a new state and applies for public assistance after one month. Officials deny the claim under a one-year waiting rule. She argues that her citizenship status from birth entitles her to equal treatment in the benefits program.
Shapiro v. Thompson394 U.S. 618 (1969)
Voting Rights Challenge Involves Citizenship
Nina Nielsen, a native-born United States citizen, is barred from participating in a local primary election under a party rule limiting voters to those with certain ties. She sues, asserting that her citizenship acquired at birth protects her access to the ballot.
Terry v. Adams345 U.S. 461 (1953)
Common questions
Frequently Asked
3
Does the constitutional protection against involuntary loss of citizenship apply equally to native-born citizens?+
Yes. The Fourteenth Amendment shields both native-born and naturalized citizens from automatic expatriation based solely on conduct such as voting in a foreign election. The government must show voluntary and intentional relinquishment before citizenship can be lost.
Can Congress treat native-born citizens differently from naturalized citizens when imposing loss of nationality?+
No. The Fourteenth Amendment places native-born and naturalized citizens on equal footing once citizenship is acquired. Any statute that automatically strips citizenship for foreign voting violates this equal protection regardless of how the person became a citizen.
Does a single foreign vote by a native-born citizen constitute consent to expatriation?+
No. Conduct such as casting one ballot abroad may serve as evidence of intent but cannot by itself trigger automatic loss of citizenship. The Constitution requires affirmative proof of voluntary relinquishment rather than conclusive presumption from the act alone.
14 U.S. (1 Wheat.) 304 (1816)Constitutional Law
…upon condition of his taking the name and arms of Fairfax, which he fully complied with. It is agreed that Denny Fairfax was a native-born British subject who never became a citizen of the United States and always resided in England until his death between 1796 and 1803. Lord Fairfax left a nephew Thomas Bryan Martin, always a…
Constitutional LawIndividual rights · Other protections, including the privileges and immunities clauses, the contracts clause, unconstitutional conditions, bills of attainder, and ex post facto lawsUBEFoundational