When Can Foreign Born Presidents Serve in the United States?
A significant event occurred in the United States Congress on December 1, 2023. United States Congressperson George Santos was expelled after two 2023 federal indictments alleging 23 fraud‑related charges, to which Santos pleaded not guilty. The House Ethics Committee also released a report in November 2023 implicating him in fraud. The House of Representatives expelled him on December 1, 2023, by a vote of 311–114, exceeding the necessary two‑thirds majority of 290.
Santos was born in the United States. However, his expulsion raised a broader question for some observers: can foreign born presidents ever serve in the United States?
Foreign Born Members of Congress
Currently, 24 Representatives and Senators are foreign born. The U.S. Constitution permits a person to serve in the House of Representatives if they have been a citizen for seven years. A Senator must have been a citizen for nine years.
Presidential Eligibility and the Natural Born Requirement
The requirement for a candidate to serve as President of the United States is different. A person must be born in the United States to be eligible. This leads to another question: can a person in the presidential line of succession who was not born in the United States become president?
The presidential line of succession is:
- Vice President
- Speaker of the House of Representatives
- President pro tempore of the Senate
- Secretary of State
Article II, Section 1, Clause 5 of the U.S. Constitution states:
“No Person except a natural born Citizen, or a Citizen of the United States, at the time of the Adoption of this Constitution, shall be eligible to the Office of President; neither shall any Person be eligible to that Office who shall not have attained to the Age of thirty five Years, and been fourteen Years a Resident within the United States.”
Succession Rules and Foreign Born Presidents
Therefore, if a person next in line for the presidency is foreign born, that individual is passed over. The role moves to the next eligible person in the line of succession who was born in the United States.
So, no, foreign born presidents are not permitted under the U.S. Constitution. That said, many respected members of the House of Representatives and Senate are foreign born and serve in important roles.
To learn more about the U.S. Constitution and how it applies to this matter, please visit the following link:
U.S. Constitution – Article II (National Archives)
Our Firm
The rules surrounding presidential eligibility make clear that only natural born citizens can assume the nation’s highest office, even when a foreign‑born individual serves in another senior government position. These constitutional requirements ensure consistency in the presidential line of succession while still allowing many foreign‑born individuals to contribute significantly to public service. For more updates on constitutional matters and government developments, please visit our news page.
