The Word 'Reside' in the 14th Amendment Excludes Birth Tourists from Birthright Citizenship
Source: Hans Mahncke. "This Word In The 14th Amendment Bans Birthright Citizenship." April 6, 2026. thefederalist.com
The Gist
The author argues that birth tourists shouldn't get automatic U.S. citizenship for their children because the 14th Amendment says you have to 'reside' in America, not just be born here temporarily. Since birth tourists just visit to have babies and leave immediately, they don't actually live here, so their kids shouldn't automatically become citizens.
Conclusion
The 14th Amendment's Citizenship Clause does not grant automatic citizenship to children of birth tourists because the word 'reside' requires established, settled presence in the United States
Premises
- The 14th Amendment states citizenship is granted to those who 'reside' in a state, not merely those who are 'born' or 'physically present'
- The word 'reside' has consistent legal meaning across American law (taxes, jury duty, voting) referring to established, settled presence where one actually lives
- Birth tourists arrive on temporary visas, deliver children, and leave immediately without establishing any indicia of residence (no home, lease, driver's license, bank accounts, etc.)
- Even aggressive tax authorities like California's don't consider people residents if they are present temporarily or for transitory purposes
- The Citizenship Clause creates a two-part test: being 'subject to jurisdiction' AND 'residing' in a state
- Wong Kim Ark (1898) emphasized the parents had 'permanent domicile and residence' when granting citizenship
- A plain reading approach focusing on 'reside' provides a cleaner textual basis than complex 'jurisdiction' interpretations
Assumptions
- Constitutional text should be interpreted based on plain meaning of words
- Legal terms like 'reside' should be understood consistently across different areas of law
- The 14th Amendment drafters intended meaningful distinctions between different words used
- Temporary presence is fundamentally different from residence in legal and ordinary understanding
- Birth tourism represents an abuse of birthright citizenship not intended by the amendment's framers