Yes. A person born in California is automatically a United States citizen at the moment of birth, regardless of whether the parents are citizens, lawful residents, visa holders, or undocumented. The right comes from the Fourteenth Amendment to the U.S. Constitution and federal statute, and it attaches instantly: no application, no fee, no waiting period. The only recognized exception is narrow and involves children of foreign diplomats with full diplomatic immunity.
Where the Right Comes From
Two provisions of federal law establish birthright citizenship. The Fourteenth Amendment, ratified in 1868, declares 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.”1Congress.gov. U.S. Constitution – Fourteenth Amendment Federal immigration law codifies the same rule at 8 U.S.C. ยง 1401, which lists “a person born in the United States, and subject to the jurisdiction thereof” as a citizen at birth.2Office of the Law Revision Counsel. 8 USC 1401 – Nationals and Citizens of United States at Birth
The Supreme Court settled the meaning of these words in 1898 in United States v. Wong Kim Ark. Wong was born in San Francisco to parents who were Chinese subjects and ineligible for naturalization under the laws of that time. The Court held that the Fourteenth Amendment “affirms the ancient and fundamental rule of citizenship by birth within the territory” and extends to “the children born, within the territory of the United States, of all other persons, of whatever race or color, domiciled within the United States.” The only exceptions the Court recognized were children of foreign diplomats, children born on foreign public ships, and children of enemy forces during a hostile occupation.3Justia. United States v. Wong Kim Ark, 169 U.S. 649 (1898) That ruling has stood for more than 125 years.
Parents’ Immigration Status Doesn’t Change the Answer
The Fourteenth Amendment looks at where the child is born, not who the parents are. A child born on California soil is a U.S. citizen whether the parents are citizens, lawful permanent residents, holders of a temporary visa, or in the country without authorization. Wong Kim Ark made this explicit, holding that a child born in the United States to parents who were subjects of the Emperor of China “becomes at the time of his birth a citizen of the United States” under the Fourteenth Amendment.3Justia. United States v. Wong Kim Ark, 169 U.S. 649 (1898)
The child’s citizenship also does not depend on what happens to the parents afterward. If a parent is later deported, leaves the country, or changes immigration status, the child’s citizenship is not affected. Once birthright citizenship attaches, it belongs to the child permanently.
The Diplomatic Exception
The one well-established exception involves children born to accredited foreign diplomats who hold full diplomatic immunity. Because these officials are not considered “subject to the jurisdiction” of the United States in the constitutional sense, their children do not automatically become citizens.4Congress.gov. Constitution Annotated – Amdt14.S1.1.2 Citizenship Clause Doctrine
USCIS applies a specific test: it checks whether either parent appeared on the State Department’s Diplomatic List, known as the Blue List, at the time of the child’s birth. Only diplomats with full diplomatic immunity appear there. Consular officers, employees of international organizations on certain visa types, and many other foreign government workers do not have full diplomatic immunity and are not on the list. If neither parent was on the Blue List at the time of birth, the child is a U.S. citizen. And if one parent was an accredited diplomat but the other was a U.S. citizen or national, the child is still considered subject to U.S. jurisdiction and acquires citizenship at birth.5U.S. Citizenship and Immigration Services. USCIS Policy Manual Volume 7 Part O Chapter 3 – Children Born in the United States to Accredited Diplomats
What About the 2025 Executive Order?
On January 20, 2025, President Trump signed an executive order titled “Protecting the Meaning and Value of American Citizenship” that attempted to narrow birthright citizenship. The order directed federal agencies to stop issuing citizenship documents for children born after February 19, 2025, when the mother was unlawfully present or on a temporary visa and the father was not a U.S. citizen or lawful permanent resident.6The White House. Protecting The Meaning And Value Of American Citizenship
Federal courts blocked the order quickly. Multiple district courts issued injunctions, including a nationwide class action ruling from a federal court in New Hampshire that protected all children born on U.S. soil. The order has never been enforced. The case reached the Supreme Court, which heard oral arguments on April 1, 2026, and early reporting suggested the justices appeared likely to rule against the administration. As of this writing, the Fourteenth Amendment right remains fully in effect, and every child born in California continues to be a U.S. citizen at birth.
Proving Your Child’s Citizenship
Citizenship is automatic, but you’ll need documents to prove it for a passport, Social Security card, school enrollment, and other everyday purposes.
The California Birth Certificate
A certified California birth certificate is the foundational document.7CA.gov. Apply for Birth Certificate When a child is born at a California hospital, the facility typically starts the birth registration paperwork before discharge. Check every detail carefully at that stage, because correcting errors later is a separate process. The hospital sends the registration to the California Department of Public Health (CDPH), which creates the official record.
Certified copies can be ordered from the CDPH or from the county recorder’s office in the county where the birth occurred, online, by mail, or in person. The CDPH charges $31 per certified copy.8California Department of Public Health. Vital Records Fees Order at least two copies, since a passport application ties one up for weeks.
The Social Security Number
Most California parents can request an SSN for a newborn right at the hospital through a federal program called Enumeration at Birth. The hospital’s birth registration paperwork includes a checkbox to request a card, so no separate application is needed.9Social Security Administration. State Processing Guidelines for Enumeration at Birth California takes about one week to process its side, and the SSA then mails the card within about two more weeks.10Social Security Administration. How Long Does It Take to Get My Child’s Social Security Number?
If you skip the hospital checkbox, you’ll have to visit a Social Security office in person and file Form SS-5 with original documents (not photocopies, not notarized copies) proving the child’s age, identity, and citizenship. A birth certificate usually satisfies all three for a newborn.11Social Security Administration. Learn What Documents You Will Need to Get a Social Security Card The hospital route is far easier, so don’t miss the checkbox.
The U.S. Passport
A U.S. passport is the strongest proof of citizenship and the required document for international travel. To apply for a passport for a child under 16, you submit Form DS-11, the original certified birth certificate (not a photocopy or digital version), a photo, and copies of both parents’ or guardians’ photo IDs. Both parents must appear in person at the appointment; if only one can attend, additional documentation such as a notarized consent form is required.12U.S. Department of State. Apply for a Child’s Passport Under 16
Dual Nationality
A child born in California to parents who are citizens of another country may hold citizenship in both countries. The United States permits dual nationality and does not require anyone to choose between citizenships.13Travel.State.gov. Dual Nationality The other country’s law may differ, though. Some countries do not recognize dual citizenship and may require the child to renounce one nationality in adulthood.
One rule dual-national families should know: U.S. citizens must enter and leave the United States on a U.S. passport, even if they also hold a foreign passport.13Travel.State.gov. Dual Nationality A child visiting a parent’s home country may need the foreign passport to enter there, but the U.S. passport is required for the return. Families who travel often should apply for the child’s U.S. passport early.