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Although Trump claims that his lawyer assured him that his plan was possible, lawmakers left and right immediately rejected Trump's remarks, during an interview with Axios on HBO (CNN and HBO share a company mother, WarnerMedia). The president of the Republican House of Representatives, Paul Ryan, simply stated, "You can not terminate citizenship with the birthright with a decree."
But if the debate on the constitutionality of such a decision was at the center of attention, the other allegation of the president, which was patently false, was somewhat neglected.
According to the CIA World Factbook, some thirty countries in the world currently recognize juice soli, Latin for "droit du sol", commonly known as US citizenship in the United States.
The majority of these countries, like the United States, are part of the Americas and have a history of colonization and massive emigration from Europe, including Canada, Venezuela, Chile, Peru, Mexico and Uruguay.
Several countries grant almost unconditional jus soli, such as Brazil, which grants birthright citizenship to anyone born in the country, "even if it is from foreign parents, provided that they are not at home. service of their country ".
While most human rights countries are in the Americas, Pakistan and Lesotho also recognize citizenship, although the former, like Brazil, also restricts the children of foreign diplomats.
India, a neighboring country of Pakistan, originally recognized jus soli as well, but began to restrict it in the late 1980s before finally abolishing it in 2004.
Restriction of birthright
Although birthright citizenship is by no means as rare as Trump claims, most countries restrict this right somewhat. In Australia, for example, a baby born in the country can apply for citizenship if one of his parents is a citizen or permanent resident, or if he was born in the country of foreign parents but lives his first ten years of his life in Australia.
In the UK, because of the long British imperial history and attempts to deny the rights of former colonial subjects, the process is so complicated that the British Home Office has an online tool that allows users to check if they meet the requirements to obtain British citizenship.
The Brexit – the UK's current attempt to leave the European Union – could further complicate matters. Currently, all EU citizens have the right to reside and work in any EU country, which means that many do not apply for naturalization as they would in a different foreign country (to obtain voting rights or rights to social protection, for example).
However, EU citizens in the UK now have to apply for established or predetermined status to stay in the country, a procedure similar to naturalization, but which could be problematic for some who may not have the necessary documents to prove their continued residence (something that was not necessary before Brexit).
Blood right
Jus soli derives from the common law, the system used in most English-speaking countries and former British colonies. In civil law systems, like most European countries, the dominant principle is juice sanguinis, the "right of blood".
Many countries are also adopting a mixture of jus soli and jus sanguinis, granting citizenship to children born in the country and those born to citizens living abroad.
Sometimes additional tests are put in place to guarantee a connection with the country in which a person claims citizenship. For example, while Poland allows citizens to claim citizenship on the basis of jus soli and jus sanguinis, applicants must demonstrate that they are proficient in the Polish language to become citizens.
In the United States, citizenship is governed by the 14th Amendment to the Constitution, which states that "all persons born or naturalized in the United States and subject to their jurisdiction are citizens of the United States and the State in which they reside ".
Despite Trump's assertion that he can revoke this right by decree, it is almost certainly impossible without a constitutional amendment, the laborious process by which the US Congress and state governments can vote to amend the constitution.
"The 14th Amendment's citizenship guarantee is clear," said Omar Jadwat, director of the ACLU Immigrant's Rights project. "This is a transparent and obviously unconstitutional attempt to sow division and stir up the flames of anti-immigrant hate in the days to come before the mid-session."
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