Obscure federal laws could preserve birthright citizenship in Alaska and Hawaii

by James Brooks, Alaska Beacon, June 30, 2025 (Reprinted under Creative Commons license.)

As President Donald Trump prepares an executive order that could end birthright citizenship for non-citizens having children in the United States, two unique federal laws could protect the citizenship rights of newborns in Alaska and Hawaii.

On Friday, the U.S. Supreme Court ruled that the Trump administration may proceed with the implementation of his order in more than half of U.S. states.

Anchorage immigration attorney Margaret Stock noted over the weekend that when it comes to Alaska and Hawaii, the federal government would have to overcome special, state-specific laws if it wants to cancel birthright citizenship.

For Alaska, a federal law passed in 1952 states specifically that “A person born in Alaska on or after March 30, 1867, … is a citizen of the United States at birth.”

The same law, elsewhere, states that “A person born in Hawaii on or after April 30, 1900, is a citizen of the United States at birth.”

No other state has a specific law establishing birthright citizenship there.

Stock said she believes those laws protect the citizenship of children born in Alaska and Hawaii, but added that she has seen the federal government violate other immigration laws.

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8 U.S. Code Chapter 12 Subchapter III Part I - Nationality at Birth and Collective Naturalization (link)

1. § 1401. Nationals and citizens of United States at birth
2. § 1401a. Birth abroad before 1952 to service parent
3. § 1401b. Repealed. Pub. L. 92–584, § 2, Oct. 27, 1972, 86 Stat. 1289
4. § 1402. Persons born in Puerto Rico on or after April 11, 1899
5. § 1403. Persons born in the Canal Zone or Republic of Panama on or after February 26, 1904
6. § 1404. Persons born in Alaska on or after March 30, 1867
7. § 1405. Persons born in Hawaii
8. § 1406. Persons living in and born in the Virgin Islands
9. § 1407. Persons living in and born in Guam
10. § 1408. Nationals but not citizens of the United States at birth
11. § 1409. Children born out of wedlock