The President of the United States, Donald Trump, has sparked controversy once again by signing a decree aimed at denying citizenship to the children of undocumented immigrants born in the country.
Trump believes that birthright citizenship was conceived "for the children of slaves, not for everyone to come and crowd into the United States."
He stated that "it's ridiculous" for the United States to grant automatic citizenship to anyone born in its territory, arguing that "we are the only country in the world that does this."
CNN reported that according to the Congressional Legal Library, more than 30 countries recognize citizenship by birth without restrictions, granting it to children born in their territory, regardless of their parents' immigration status.
This principle, known as ius soli (right of the soil), is enshrined in the 14th Amendment of the U.S. Constitution, promulgated in 1868 after the Civil War, with the aim of guaranteeing citizenship to African Americans freed from slavery.
The amendment states that "all persons born or naturalized in the United States and subject to its jurisdiction are citizens of the United States and of the state in which they reside."
Although Trump insists that this right is an American peculiarity, the reality is that many countries in the Western Hemisphere apply the ius soli. This principle was inherited from English law during the colonial era and has persisted since the independence of the United States.
In contrast, the majority of countries in Europe, Asia, and Africa base the granting of citizenship on ius sanguinis (right of blood), which focuses on the ancestry of the parents. This model, adopted by nations with colonial pasts, aims to preserve national identity and control immigration.
The Trump decree faces immediate legal challenges, as several courts have intervened to temporarily block its implementation.
The measure has rekindled the debate about the meaning of being American and the relevance of birthright citizenship in a diverse society that has historically been shaped by immigrants.
Frequently Asked Questions about Birthright Citizenship and Donald Trump's Immigration Policies
What is citizenship by birthright in the United States?
Birthright citizenship is a principle established by the 14th Amendment of the United States Constitution that grants automatic citizenship to anyone born on U.S. soil, regardless of their parents' immigration status. This provision has been criticized by Donald Trump, who has expressed his intention to abolish it through an executive action.
Is it possible to eliminate birthright citizenship in the United States with an executive order?
It is not possible to eliminate birthright citizenship through an executive order, as it is guaranteed by the 14th Amendment of the U.S. Constitution. Any attempt to change this provision requires a constitutional amendment, which is a complex process involving the approval of two-thirds of both chambers of Congress and ratification by three-quarters of the states. Legal experts deem Trump's proposal unconstitutional.
What impact would the elimination of birthright citizenship have in the United States?
The elimination of birthright citizenship would have a devastating impact on millions of immigrant families and on the U.S. economy. New classes of "stateless" individuals would be created, children born in the U.S. without nationality or access to basic rights, affecting mixed-status families and further complicating the immigration system.
What are the reactions to Trump's proposal to eliminate birthright citizenship?
Trump's proposal has generated mixed reactions. While Democrats and human rights organizations deem it unconstitutional and an attack on civil rights, the conservative base and Trump's supporters back it, viewing it as a necessary step to control immigration.
Which countries grant citizenship by birthright?
More than 30 countries grant citizenship by birthright, including the United States, Canada, Brazil, and several Latin American countries. This provision, known as "jus soli" or right of the soil, is common in nations with legal systems derived from British common law or that seek to attract immigrants to populate their territories.
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