When the Supreme Court was preparing to hear Thursday the restrictions on whether Donald Trump allowed restrictions on birthright citizenship to take effect, he erroneously claimed that the United States was the only country in which such rights were offered.
Trump signed an executive order on the first day of his second term that would deny citizenship to children born to people who live in the United States illegally or temporarily. The orders of the subordinates have been held nationwide.
Now, the government appeals the power of individual judges in an emergency to issue these rulings, called national or universal bans. The constitutionality of the executive order itself has not yet appeared before the court.
This is a careful study of the facts.
Trump discusses right to birth citizenship in a social truth article: “The United States of America is the only country in the world that no one knows for reasons.”
Fact: This is not true. According to the CIA World Profile and the Library of Congress, about 30 countries, including the United States, offer unconditional birthright citizenship. In the post-Civil War constitution, citizenship with the right to birth was listed as a constitution to ensure that previously enslaved people become citizens.
“This statement is obviously wrong,” said Ilya Somin, a law professor at George Mason University, an expert in constitutional and immigration rights. “Many countries have citizenship with reproductive rights, although some of them have different rules than those in the United States.”
Birth Right Citizenship is a principle known as Jus Soli or “soil rights.” It is based on a person born within a national territory. By contrast, the principle of jus sanguinis or “right of blood” determines citizenship based on the citizenship of parents or other ancestors.
Citizenship is granted to anyone born in the United States regardless of the parent’s immigration status. Only the children of diplomats who are loyal to another government, and the enemies who appear in the United States during the hostile profession are not qualified. Until the Indian Citizenship Act of 1924, parents were also excluded from the sovereign states in the Aboriginal tribes.
Most countries with unconditional birthright citizenship, including Canada and Mexico, are concentrated in the Americas. The rest are in Africa and Asia. Some countries provide citizenship only under certain conditions to non-citizen parents, such as the legal status of the parents or the age of the person who applied for citizenship based on the place of birth.
The first sentence of the 14th Amendment to the Constitution (commonly known as the Citizenship Clause) guarantees the right to birth citizenship. It states: “All persons born or naturalized in the United States and subject to their jurisdiction are citizens of the United States and the country in which they reside.”
The clause effectively overturned the 1857 infamous Dred Scott’s ruling, in which the Supreme Court ruled that they were not citizens, whether they were enslaved or not. In 1866, the Senate passed the Senate and was approved in 1868 and in 1868. The Civil War ended in 1865.
Trump’s executive order on right to birth citizenship and a 1898 Supreme Court ruling that held that citizenship clauses make citizens of all children born on U.S. land without any narrow exceptions in the cases before the court.
The justices also considered the Trump administration’s appeals on several other issues, many of which were related to immigration.
