美国宪法第十四修正案明文规定："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."
而且，美国最高法院从1898年United States v. Wong Kim Ark的案件判例开始，就一直承认the jus soli principle的。
https://en.wikipedia.org/wiki/United_St ... ng_Kim_Ark
The Supreme Court's majority concluded that the phrase "subject to the jurisdiction thereof" referred to being required to obey U.S. law; on this basis, they interpreted the Citizenship Clause of the Fourteenth Amendment to grant citizenship to children born in the United States, with only a limited set of exceptions based on English common law. The Court held that being born to alien parents was not one of those exceptions.
现在，美国有22个州起诉特朗普政府的限制出生公民权的行政命令（executive order）违反宪法。但是，在其它28个没有起诉的州里，该行政命令可能从7月27日起生效。
如果美国最高法院在今年10月份对出生公民权作出宪法解释，那将给出最终的答案。如果美国最高法院裁决特朗普的行政命令违反宪法，那美国全境的出生公民权将得到保障。
https://www.financialexpress.com/world- ... t/3895579/
"Birthright citizenship will be decided in October, in the next session by the Supreme Court," Attorney General Pam Bondi said at a White House briefing on June 27, 2025.
https://www.bbc.com/news/articles/cj9velv7z4no
Trump's Attorney General Pam Bondi said on Friday (June 27, 2025) that the Supreme Court will decide whether the U.S. will end birthright citizenship in October during its next session.
