The U.S. Supreme Court defends birthright citizenship (ius soli). What does this mean for Polish citizenship? 

Recently, on our blog, we analysed the widely discussed Exclusive Citizenship Act 2025, introduced by Senator Bernie Moreno, which sought to drastically restrict, or even abolish, dual citizenship for U.S. citizens.

At the time, we pointed out that the right to citizenship acquired by birth (in the case of Poland – through descent, under the principle of jus sanguinis) is a fundamental right that cannot easily be undermined by a simple executive order.

The U.S. legal landscape has now taken another turn that may be of interest to our current and prospective American clients.

Constitutional Protection of U.S. Citizenship by Birth Under the 14th Amendment

In Trump vs. Barbara, the Supreme Court of the United States ruled by a 6–3 majority to uphold the existing, more than 150-year-old policy of granting citizenship based solely on birth within the territory of the United States (ius soli – the right of the soil).

Justice John Roberts, writing for the majority, unequivocally held that children born in the United States “to parents who are unlawfully or temporarily present there” become citizens at birth under the Fourteenth Amendment to the U.S. Constitution.

The Supreme Court thereby blocked an attempt by the Donald Trump administration to restrict this right through an executive order by adopting a new, narrower interpretation of the phrase “subject to the jurisdiction” of the United States. The Court held that the executive order violated the Constitution.

Will the United States abolish birthright citizenship? Possible further action by the Trump administration

Donald Trump announced that efforts to end automatic citizenship under the principle of ius soli would continue through the legislative process. He called on Congress to begin work immediately on appropriate legislation, arguing that the current system is unfair to the United States.

It appears that changing the rules governing the acquisition of U.S. citizenship would also require a constitutional amendment. At present, it is doubtful that a future bill abolishing birthright citizenship in the United States would secure the required majority in Congress.

Will changes in U.S. law affect the acquisition or confirmation of Polish citizenship?

In the context of acquiring or confirming possession of Polish citizenship, however, the judgment discussed above has no material significance. Even if the United States introduced changes to the rules governing the acquisition of U.S. citizenship, those changes would have no effect whatsoever on the rules governing the acquisition of Polish citizenship.

Poland alone has the authority to determine how Polish citizenship may be acquired. Therefore, if a person acquired Polish citizenship at birth through a parent, in accordance with the principle of jus sanguinis, no action taken by the U.S. authorities can change that.

Even if the United States ceased to recognise dual citizenship, the only consequence would be that individuals holding both U.S. and Polish citizenship would be treated by the U.S. authorities solely as U.S. citizens, while the Polish authorities would continue to treat them as Polish citizens.

Dual U.S. and Polish citizenship – will individuals be required to choose one citizenship?

The Exclusive Citizenship Act 2025 mentioned at the beginning also included a proposal requiring U.S. citizens holding dual citizenship to choose between their U.S. citizenship and any other citizenships they held. We remain of the view that the likelihood of provisions of this kind entering into force is very low. 

Even if such provisions were introduced, they would not prevent U.S. citizens from confirming their possession of Polish citizenship. We invite you to read our article on this subject.

If you are considering acquiring or confirming your possession of Polish citizenship and are concerned about the consequences of U.S. policy on dual citizenship, contact our team. We will explain how the current and proposed regulations may affect your situation and assist you throughout the Polish citizenship procedure.