Ted Cruz on Birthright Citizenship
TL;DR
Ted Cruz firmly argues that birthright citizenship, as currently applied, should be ended or narrowly reinterpreted by executive or legislative action.
Key Points
He co-sponsored legislation in 2025 with other senators to restrict birthright citizenship for children born in the U.S. to non-citizens.
In 2020, he supported an executive order that aimed to limit birthright citizenship for children of non-citizen parents who were present temporarily.
Cruz joined an amicus brief supporting the administration's attempt to alter birthright citizenship policy before the Supreme Court in 2025.
Summary
Senator Ted Cruz is a strong opponent of the current interpretation of birthright citizenship as guaranteed by the Fourteenth Amendment, contending that it should not apply automatically to individuals born in the U.S. to parents who are not legally present or are only temporary visitors. He has publicly stated that the policy "is stupid" and "makes no sense" because it incentivizes illegal immigration by promising automatic citizenship to the children of undocumented immigrants. The core of his position is that the Citizenship Clause of the Fourteenth Amendment was intended only to grant citizenship to the children of those who were already considered citizens or were present under a permanent status, not just by virtue of being born on U.S. soil.
He has actively pursued legislative and executive challenges to this doctrine, including leading an amicus brief to the Supreme Court supporting an executive order that would have restricted the practice. This action was aimed at a case concerning the ability of the executive branch to define or limit the scope of citizenship based on the status of the parents. Cruz’s stance aligns with a conservative legal view seeking to limit the expansive application of the clause, contrasting with the long-standing precedent that interprets the clause as granting citizenship to virtually everyone born within the territorial jurisdiction of the United States.
Key Quotes
It is long overdue for the United States to change its policy on birthright citizenship because it is being abused in so many ways.
As a policy matter, it doesn't make any sense that we should be incentivizing illegal immigration.
Frequently Asked Questions
Ted Cruz is a vocal opponent of the current broad application of birthright citizenship. He believes the Fourteenth Amendment was not intended to confer citizenship automatically on children born in the U.S. to undocumented or temporary resident parents.
There is no indication that Ted Cruz has changed his position on birthright citizenship; he has consistently argued for its restriction or reinterpretation. He has continued to pursue legislative and legal efforts to limit the policy's scope over several years.
Senator Cruz publicly labeled the policy as 'stupid' and nonsensical because he feels it creates an incentive for people to enter or remain in the country illegally. He asserts that the policy undermines the integrity of the U.S. legal immigration system.
Sources9
Cruz: Citizenship, immigration status key to border security
Graham, Cruz, and Britt Introduce Bill to Restrict Birthright Citizenship
25-365 Amicus Brief of U.S. Senators Ted Cruz et al.
Instagram post by tedcruz
Cruz on birthright citizenship
Sen. Cruz Leads Amicus Brief in Support of Trump Executive Order on U.S. Citizenship
A question of citizenship
Facebook post by Senator Ted Cruz
America First Legal On Behalf of a Coalition of Senators Led by Ted Cruz Makes the Constitutional Case for Birthright Citizenship at the U.S. Supreme Court
* This is not an exhaustive list of sources.