The Fourteenth Amendment has been interpreted by the United States Supreme Court, in precedent set by United States v. Wong Kim Ark, to grant citizenship to every child born in the U.S. regardless of the citizenship of the parents, with the exception of the children of diplomats and children born to enemy forces in hostile occupation of the United States.

The Court in Wong Kim Ark did not explicitly decide whether U.S.-born children of illegal immigrants are ""subject to the jurisdiction of the United States"" (it was not necessary to answer this question since Wong Kim Ark's parents were legally present in the United States at the time of his birth). However, the Supreme Court's later ruling in Plyler v. Doe stated that illegal immigrants are ""within the jurisdiction"" of the states in which they reside, and added in a footnote that ""no plausible distinction with respect to Fourteenth Amendment ""jurisdiction"" can be drawn between resident aliens whose entry into the United States was lawful, and resident aliens whose entry was unlawful.""

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