Donald Trump’s Plan to End Birthright Citizenship
The recent controversial decision by US President Donald Trump intending to terminate birthright citizenship via an executive order has sparked widespread debate. This move is primarily aimed at addressing the issue of illegal migration.
Understanding the 14th Amendment
The proposed executive order would effectively revise the 14th Amendment of the US constitution. This amendment emphatically states that “All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are the citizens of United States and of the state wherein they reside.”
This significant amendment was passed by Congress in 1866 following the Civil War and successfully adopted in 1868 after gaining ratification from three-quarters of the states. The principal intention behind the 14th amendment was to confer citizenship rights on former slaves and their future generations. Over the years, it has been interpreted to afford children born within the US territory, even those born to non-citizens and undocumented immigrants, the right to US citizenship. However, two notable exceptions exist: children born to enemy aliens or offspring of Diplomats stationed in the US do not qualify for this right.
Anchor Babies Phenomenon
The concept of ‘Anchor babies’ relates directly to birthright citizenship. Anchor babies are defined as the children born to non-citizen residents in countries where birthright citizenship is recognized. By virtue of their birth, these children automatically attain citizenship and can consequently sponsor their parents for citizenship once they reach adulthood.
Jus Soli: Citizenship by Birthright
Jus Soli, stemming from Latin, literally translates to ‘Right of the Soil’. It signifies a rule determining that a child’s citizenship is influenced by their birthplace, giving rise to the term, birthright citizenship.
Over 30 countries around the globe adhere to the principle of jus soli, including but not limited to Canada, the United States, and almost all countries situated in South and Central America.
In Europe, there are eight nations (Belgium, Finland, France, Greece, Italy, Netherlands, Spain, and the United Kingdom) with sturdy jus soli regulations. Here, children born to foreign parents can acquire citizenship relatively easily. France, for instance, imposes a five-year residency condition.
Table: Countries Practicing Jus Soli
| Country | Residency Condition |
|---|---|
| France | 5 years |
| Canada | No condition |
| United States | No condition |
| Greece | Varies |
| Netherlands | Varies |
Trump’s Proposal: A Controversial Attempt
President Trump’s attempt to disrupt an age-old practice that confers citizenship to those born on American soil, regardless of their parents’ nationality or legal status, has been met with significant resistance and stirred up much controversy globally. The implications of this potential policy change touch upon deep-rooted constitutional values and human rights, creating a discourse that is unlikely to subside anytime soon.
