President Donald Trump recently announced his intention to end “birthright citizenship,” a policy granting automatic American citizenship to anyone born on U.S. soil.
- President Trump aims to end birthright citizenship in the U.S
- Legal challenges have been filed by the American Civil Liberties Union and others against Trump’s decision
- The U.S. and Canada are among the few developed nations still offering full birthright citizenship to tourists and illegal immigrants
On Monday, Trump signed an executive order addressing the definition of birthright citizenship, though its specifics remain unclear.
The concept of birthright citizenship in the United States traces its origins to the 14th Amendment, adopted in 1868.
This amendment was crafted to resolve issues arising from the abolition of slavery and to clarify the legal status of formerly enslaved individuals following the Civil War.
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Legally, birthright citizenship is based on the principle of jus soli or “right of the soil,” granting citizenship based on birthplace.
This contrasts with jus sanguinis or “right of blood,” which determines citizenship through lineage or heritage.
Trump insists on ending policy amid lawsuits
Trump confirmed he will sign the executive action, “if we can,” to circumvent the 14th Amendment, which guarantees citizenship to people born in the U.S.
“Well, we’re going to have to get it changed. We’ll maybe have to go back to the people, but we have to end it. We’re the only country that has it, you know.” Trump said while speaking with NBC News’s Kristen Welker.
The decision to end birthright citizenship triggered widespread controversy and legal action, as it would conflict with the 14th Amendment, which grants citizenship to all individuals born on U.S. soil.
The American Civil Liberties Union and others swiftly filed lawsuits against the Trump administration.
Reuters reports that legal challenges were launched in federal courts in Massachusetts and New Hampshire, with additional cases expected from Democratic attorneys general in states like California and Connecticut.
They reference the 1898 Supreme Court case United States v. Wong Kim Ark, which affirmed that children born on U.S. soil to non-citizen parents are entitled to citizenship.
Policy to affect millions of immigrants
The BBC reports that as of 2016, approximately 250,000 babies were born to unauthorized immigrant parents in the U.S., reflecting a 36% decrease from the peak in 2007, according to Pew Research.
By 2022, the number of U.S. citizens born to unauthorized immigrant parents had risen to 1.2 million.
Each year, about 250,000 babies are born to parents living illegally in the country, with a broader estimate of 350,000 born to at least one unauthorized parent.
Additionally, about 40,000 babies are born annually to women on travel visas as noted by NumbersUSA.
Ending birthright citizenship could significantly impact these figures, with a potential increase in the number of unauthorized immigrants to 4.7 million by 2050, according to the Migration Policy Institute.
As the U.S. considers halting birthright citizenship, a few countries still grant automatic citizenship by birth (jus soli), although this practice is less common globally.
The U.S. and Canada remain the only developed nations offering birthright citizenship to tourists and illegal immigrants, regardless of their parents’ status.
By the late 20th century, most developed countries had abandoned this policy, with Ireland and New Zealand abolishing it in the mid-2000s.
Some countries still grant birthright citizenship, although often with certain conditions;
AFRICA
In Africa, the application of jus soli (right of the soil) varies significantly across countries. While many nations have provisions for granting citizenship to individuals born within their territory, strict qualifications or additional criteria are often required, making unconditional jus soli relatively rare.
Tanzania
Tanzania grants citizenship to children born within its borders, but only if at least one parent is a citizen or legally resides in the country at the time of birth.
Tunisia
Tunisia offers birthright citizenship, but it is restricted to cases where at least one parent is a legal resident or a citizen of the country.
Nigeria
Nigeria offers birthright citizenship, but it is restricted to cases where the person in question was born after October 1, 1960, and has at least one parent who is a citizen of the country.
South Africa
South Africa grants birthright citizenship to individuals born in the country before October 6, 1995, if one parent is a South African citizen or permanent resident at the time of the child’s birth.
NORTH AMERICA
America
As of today, 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.
This may soon be history if Trump’s policy goes through
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Canada
Canada, like its southern neighbor, offers unrestricted jus soli citizenship. Any child born on Canadian soil, including in Canadian airspace or waters, automatically becomes a Canadian citizen.
SOUTH AMERICA
Mexico
Mexico grants unrestricted jus soli citizenship. Any child born on Mexican soil is automatically a Mexican citizen, with exceptions for children of foreign diplomats
Brazil
Brazil offers unrestricted birthright citizenship to anyone born in the country, with no exceptions. Brazil’s constitution guarantees this right to all newborns, irrespective of the immigration status of the parents.
Argentina
Argentina provides unrestricted citizenship to all individuals born within the country. This right extends even if the parents are foreign nationals or do not have legal status in Argentina.
Jamaica
Jamaica grants citizenship to all individuals born on its soil, with the exception of children born to foreign diplomats.
Caribbean Community (CARICOM)
The Caribbean Community (CARICOM) member countries, including Antigua and Barbuda, Barbados, and others, generally offer unrestricted birthright citizenship.
