Former U.S. President Donald Trump has stirred up fresh controversy by signing an order attempting to deny citizenship to children born in the United States to undocumented immigrants. Trump argues that birthright citizenship was originally intended "for the children of slaves, not for everyone to come here and pile into the United States."
He described it as "ridiculous" that the U.S. grants automatic citizenship to anyone born on its soil, claiming, "we are the only country in the world that does this." However, CNN reported that according to the Law Library of Congress, over 30 nations recognize unrestricted birthright citizenship, granting it to children born on their land 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, ratified in 1868 following the Civil War, with the aim of ensuring citizenship for African Americans freed from slavery. The amendment asserts that "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."
Although Trump claims this right is a unique American attribute, the reality is that many countries in the Western Hemisphere apply ius soli. This principle was inherited from English law during the colonial period and was retained after the U.S. gained independence.
Conversely, the majority of countries in Europe, Asia, and Africa base citizenship grants on ius sanguinis (right of blood), emphasizing parental ancestry. This model, adopted by nations with colonial pasts, aims to preserve national identity and control immigration.
Trump's order faces immediate legal challenges, as several courts have intervened to temporarily block its implementation. The move has reignited the debate on what it means to be American and the significance of birthright citizenship in a society historically shaped by immigrants.
Understanding Birthright Citizenship in the United States
What is the 14th Amendment?
The 14th Amendment to the U.S. Constitution, ratified in 1868, guarantees citizenship to all persons born or naturalized in the United States, ensuring equal protection under the law.
What is ius soli?
Ius soli, or "right of the soil," is a principle of nationality law by which citizenship is determined by the place of birth.
How does the U.S. compare to other countries regarding birthright citizenship?
While the U.S. grants citizenship to anyone born on its soil, over 30 other countries also recognize unrestricted birthright citizenship. In contrast, most European, Asian, and African countries base citizenship on ius sanguinis.