Table of Contents
BASICS
U.S. President Donald Trump has said he is planning to sign an executive order ending birthright citizenship of the United States – i.e., the automatic conferral of citizenship on any individual born in the U.S.
BIRTHRIGHT CITIZENSHIP IN THE UNITED STATES
U.S. citizenship is automatically granted to any person born within and subject to the jurisdiction of the United States (known as jus soli). Birthright citizenship also applies to children born elsewhere in the world to U.S. citizens (with certain exceptions), known as jus sanguinis.
JUS SOLI AND JUS SANGUINIS
Jus soli is a Latin term that means law of the soil. Many countries follow the system of jus soli or more commonly known as, birthright citizenship. Under this concept, citizenship of a person is determined by the place where a person was born. Jus soli is the most common means a person acquires citizenship of a nation. Another system called jus sanguinis is when a person acquires citizenship through their parents or ancestors.
SOME COUNTRIES THAT FOLLOW THE JUS SOLI SYSTEM
INCLUDE:
-
- * Argentina
- * Barbados
- * Brazil
- * Canada
- * Colombia
- * Jamaica
- * Mexico
- * Pakistan
- * Peru
- * Romania
- * United States
- * Uruguay”
JUS SANGUINIS
Indian nationality law largely follows the jus sanguinis (citizenship by right of blood) as opposed to the jus soli (citizenship by right of birth within the territory). Children at birth may automatically be citizens if their parents have state citizenship or national identities of ethnic, cultural, or other origins
MIXED STANDARDS
Many nations have a mixture of jus sanguinis and jus soli, including the United States Canada, Israel, Greece, the Republic of Ireland, and recently Germany.
INDIA
A child born in India must have at least one parent who is an Indian citizen to be conferred citizenship.
IN THE U.S
The concept of jus soli (‘right of the soil’) derives from the 14 Amendment to the U.S. Constitution, enacted in 1868 after the Civil War, in order to grant legal rights to former slaves. It says, “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.”
WHY TRUMP WANTS U.S TO MOVE AWAY FROM JUS SOLI?
- He believes many illegal immigrants are exploiting U.S Birthright law
- Trump wants to stop Birth tourism
- Birth tourism is travel to another country for the purpose of giving birth in that country. “Anchor baby” is another related term which can have negative connotations. The main reason for birth tourism is to obtain citizenship for the child in a country with birthright citizenship (jus soli).
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