“生在美国就是美国人”这一公民身份原则，源于美国宪法第14修正案，经过一系列判决逐步确立，其中“黄金德案”在120年前尤为关键。该案背景是属地主义与血统主义的交锋，也与国内移民的历史息息相关。

美国的公民身份法律起源于英国的普通法，承认属地主义原则，即一个孩子在美国出生即为美国公民。与之相对的是血统主义（国际法原则），即国籍由父母决定。美国采用混合原则，早期《入籍法》只允许“自由白人”及其子女成为公民。1866年《民权法案》赋予被解放的黑奴以公民身份，随后宪法第14修正案于1868年通过，确认“所有在美国出生或归化的人”均为美国公民。

然而，美国社会对国内移民的态度逐渐转变，尤其是在19世纪末，随着国内移民的增加，他们被视为经济威胁并遭受排斥。1882年的《排华法案》禁止国内人士入籍，并要求他们离境后需重新申请入境。此时，国内移民后代的公民权成了司法争议的焦点。

1895年，黄金德（Wong Kim Ark）案成为关键转折。黄金德出生在旧金山的亚裔家庭，1894年回国内探亲，返美时被海关拒绝入境，理由是虽然他出生在美国，但因父母为亚裔人，按血统主义应视为非美国公民。黄金德通过诉讼，最终在1898年得到联邦最高法院支持，裁定其为美国公民，判决确立了属地主义原则，明确了在美国出生的孩子无论种族、肤色，若无外交官或敌对势力背景，均可成为美国公民。

黄金德案不仅为后来的“出生公民权”提供了法律依据，也成为美国宪法第14修正案最重要的判例之一。尽管最高法院的判决几乎没有受到严肃质疑，但也有少数法官持不同意见，认为过度依赖属地主义原则不符合国际法和血统主义传统。黄金德案的判决在之后的几十年中屡次被引用。

然而，随着无证移民问题的加剧，尤其是1990年代以后，美国社会对出生公民权的讨论再度升温。许多反移民者认为，出生地公民权促进了无证移民的“生育链”，他们主张修改第14修正案。一些政治人物尝试推动法律改革，但至今未成功。

1896年的黄金德，下图为黄金德进入美国时出示的证件。

特朗普行政令的英文原文：

PROTECTING THE MEANING AND VALUE OF AMERICAN

CITIZENSHIP

EXECUTIVE ORDER

January 20, 2025

By the authority vested in me as President by the Constitution and the laws of the United States of America, it is hereby ordered:

Section 1. Purpose. The privilege of United States citizenship is a priceless and profound gift. The Fourteenth Amendment states: “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.” That provision rightly repudiated the Supreme Court of the United States’s shameful decision in Dred Scott v. Sandford, 60 U.S. (19 How.) 393 (1857), which misinterpreted the Constitution as permanently excluding people of African descent from eligibility for United States citizenship solely based on their race.

But the Fourteenth Amendment has never been interpreted to extend citizenship universally to everyone born within the United States. The Fourteenth Amendment has always excluded from birthright citizenship persons who were born in the United States but not “subject to the jurisdiction thereof.” Consistent with this understanding, the Congress has further specified through legislation that “a person born in the United States, and subject to the jurisdiction thereof” is a national and citizen of the United States at birth, 8 U.S.C. 1401, generally mirroring the Fourteenth Amendment’s text.

Among the categories of individuals born in the United States and not subject to the jurisdiction thereof, the privilege of United States citizenship does not automatically extend to persons born in the United States: (1) when that person’s mother was unlawfully present in the United States and the father was not a United States citizen or lawful permanent resident at the time of said person’s birth, or (2) when that person’s mother’s presence in the United States at the time of said person’s birth was lawful but temporary (such as, but not limited to, visiting the United States under the auspices of the Visa Waiver Program or visiting on a student, work, or tourist visa) and the father was not a United States citizen or lawful permanent resident at the time of said person’s birth.

Sec. 2. Policy. (a) It is the policy of the United States that no department or agency of the United States government shall issue documents recognizing United States citizenship, or accept documents issued by State, local, or other governments or authorities purporting to recognize United States citizenship, to persons: (1) when that person’s mother was unlawfully present in the United States and the person’s father was not a United States citizen or lawful permanent resident at the time of said person’s birth, or (2) when that person’s mother’s presence in the United States was lawful but temporary, and the person’s father was not a United States citizen or lawful permanent resident at the time of said person’s birth.

(b) Subsection (a) of this section shall apply only to persons who are born within the United States after 30 days from the date of this order.

(c) Nothing in this order shall be construed to affect the entitlement of other individuals, including children of lawful permanent residents, to obtain documentation of their United States citizenship.

Sec. 3. Enforcement. (a) The Secretary of State, the Attorney General, the Secretary of Homeland Security, and the Commissioner of Social Security shall take all appropriate measures to ensure that the regulations and policies of their respective departments and agencies are consistent with this order, and that no officers, employees, or agents of their respective departments and agencies act, or forbear from acting, in any manner inconsistent with this order.

(b) The heads of all executive departments and agencies shall issue public guidance within 30 days of the date of this order regarding this order’s implementation with respect to their operations and activities.

Sec. 4. Definitions. As used in this order:

(a) “Mother” means the immediate female biological progenitor.

(b) “Father” means the immediate male biological progenitor.

Sec. 5. General Provisions. (a) Nothing in this order shall be construed to impair or otherwise affect:

(i) the authority granted by law to an executive department or agency, or the head thereof; or

(ii) the functions of the Director of the Office of Management and Budget relating to budgetary, administrative, or legislative proposals.

(b) This order shall be implemented consistent with applicable law and subject to the availability of appropriations.

(c) This order is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person.

THE WHITE HOUSE,

January 20, 2025.

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