Also known as: natural born citizen · natural-born citizens · natural born citizens
Written by attorneys — see sources below.
A person who acquires United States citizenship at birth either by being born on U.S. soil or by being born abroad to at least one U.S. citizen parent. The Constitution limits eligibility for the presidency to natural-born citizens or citizens at the time of the Constitution's adoption.
Naveen Nanda was born in California to two noncitizen parents. When he announces a presidential run at age forty, opponents argue he fails the constitutional requirement. The court confirms his birth on U.S. soil makes him a natural-born citizen eligible for the office.
Nina Nielsen is born in Canada to a U.S. citizen mother and a Canadian father. Decades later she seeks to run for president. The State Department issues documentation confirming her status as a natural-born citizen because of her mother's citizenship at the time of birth.
In 1948, President Truman formally recognized the State of Israel but did not recognize Israeli sovereignty over Jerusalem. Over the subsequent decades, the Executive Branch maintained a consistent policy that the status of Jerusalem should be decided through negotiations rather than unilaterally. The State Department's Foreign Affairs Manual directed that passports for citizens born in Jerusalem list only "Jerusalem" as the place of birth. In 2002, Congress enacted the Foreign Relations Authorization Act, Fiscal Year 2003, including section 214(d), which provided that for a United States citizen born in Jerusalem, the Secretary of State shall, upon request, record the place of birth as Israel on the passport. When signing the Act, President George W. Bush issued a statement asserting that the provision would impermissibly interfere with the President's constitutional authority if construed as mandatory. Menachem Binyamin Zivotofsky was born in Jerusalem in 2002 to United States citizens. His mother requested that his passport list "Jerusalem, Israel" as the place of birth, but embassy officials followed State Department policy and listed only "Jerusalem." Zivotofsky's parents then brought suit on his behalf in the United States District Court for the District of Columbia to enforce section 214(d). The district court dismissed the case on political question and standing grounds. The Court of Appeals for the District of Columbia Circuit affirmed the political question determination after initially reversing on standing. The Supreme Court granted certiorari, vacated, and remanded for further proceedings. On remand, the Court of Appeals held the statute unconstitutional. The Supreme Court granted certiorari again.
View caseNeil Nair immigrates as a child and becomes a naturalized citizen at age twelve. He later serves in state government and attempts to qualify for the presidency. Courts hold that his naturalization after birth disqualifies him under the natural-born citizen requirement.
In 1971 four lawfully admitted resident aliens employed by New York City were discharged from their positions in the competitive class of the civil service solely because they were not United States citizens. The four appellees—Patrick McL. Dougall, Esperanza Jorge, Teresa Vargas, and Sylvia Castro—had previously worked for nonprofit organizations receiving funds from the United States Office of Economic Opportunity. Those organizations were absorbed by the Manpower Career and Development Agency of the city's Human Resources Administration. The appellees were initially continued in employment by the city. They were soon notified that section 53 of the New York Civil Service Law rendered them ineligible, and they were terminated. Dougall was born in Guyana in 1927 and had resided in New York City since 1964; he held the position of administrative assistant in the staff development unit. Jorge was born in the Dominican Republic in 1948 and had resided in New York City since 1967; she worked as a human resources technician. Vargas was born in the Dominican Republic in 1946 and had resided in New York City since 1963; she worked as a clerk-typist. Castro was born in El Salvador in 1944 and had resided in New York City since 1967; she worked as a human resources technician. None of the four had taken any steps toward United States citizenship. The appellees filed a class action in the United States District Court for the Southern District of New York against the Administrator of the Human Resources Administration and the city's Director of Personnel and Chairman of the Civil Service Commission. They sought a declaration that section 53 was invalid, an injunction against refusals to appoint or retain aliens in competitive civil service positions, and damages for lost earnings. A three-judge district court was convened. That court held the statute unconstitutional under the Fourteenth Amendment and the Supremacy Clause and granted injunctive relief. The Supreme Court noted probable jurisdiction on direct appeal.
View caseNaomi Norton is born in a foreign hospital to two U.S. citizen parents temporarily working abroad. When eligibility questions arise during a presidential campaign, federal authorities treat her as a natural-born citizen without requiring any naturalization process.
In August 1972 appellee Diaz filed a class action complaint. He is a Cuban refugee over age 65 who had been lawfully admitted to the United States less than five years earlier. The complaint was filed in the United States District Court for the Southern District of Florida. It challenged the denial of his application for enrollment in the Medicare Part B supplemental medical insurance program. The complaint alleged that the denial rested on his failure to satisfy the requirements of 42 U.S.C. § 1395o(2) as a noncitizen. It sought relief on behalf of a class of persons denied enrollment for the same reasons. On September 28, 1972, the District Court granted leave to add appellees Clara and Espinosa as plaintiffs and to file an amended complaint. Clara is another Cuban refugee in similar circumstances who remained in the country at the discretion of the Attorney General. Espinosa is an alien admitted for permanent residence since 1971 who had not applied because he could not meet the five-year residence requirement. The amended complaint sought relief on behalf of a class represented by Diaz and Clara and a subclass represented by Espinosa. On October 24, 1972, the Secretary moved to dismiss the complaint for lack of subject matter jurisdiction on the ground that none of the plaintiffs had exhausted administrative remedies under the Social Security Act. Two days later Espinosa filed his application for enrollment. Although none of the appellees completely exhausted available administrative review, the Secretary acknowledged that the applications of Diaz and Clara raised no disputed issues of fact and treated the interlocutory denials as final, satisfying the jurisdictional requirements of 42 U.S.C. § 405(g). The Secretary also stipulated that Espinosa’s application could not be allowed under the statute. The District Court overruled the motion to dismiss and, on cross-motions for summary judgment, held that the five-year residence requirement violated the Due Process Clause of the Fifth Amendment and could not be severed from the permanent residence requirement, enjoining the Secretary from refusing to enroll members of the represented classes. The Secretary appealed directly to the Supreme Court, which noted probable jurisdiction.
View caseYes. A person born within the United States is a natural-born citizen regardless of the parents' citizenship status.
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Yes. Children born abroad to at least one U.S. citizen parent are natural-born citizens and need no naturalization process.
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No. Only citizenship acquired at birth meets the requirement. Post-birth naturalization creates a naturalized citizen ineligible for the presidency.
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The Constitution requires a natural-born citizen or a citizen at the time of adoption for presidential eligibility, while allowing Congress to create additional citizens through naturalization.
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…a uniform rule of naturalization." It has determined that children born abroad to U.S. parents, subject to some exceptions, are natural-born citizens who do not need to go through the naturalization process. The consular report of birth abroad is well suited to carrying into execution the power conferred on Congress in the…