₦airaland Forum

President Donald Trump's executive order to end birthright citizenship in the US has sparked several legal challenges and some anxiety among immigrant families.

For nearly 160 years, the 14th Amendment of the US Constitution has established the principle that anyone born in the country is a US citizen.

But as part of his crackdown on migrant numbers, Trump is seeking to deny citizenship to children of migrants who are either in the country illegally or on temporary visas.

The move appears to have public backing. A poll by Emerson College suggests many more Americans back Trump than oppose him on this.

But how does this compare to citizenship laws around the world?

Birthright citizenship worldwide

Birthright citizenship, or jus soli (right of the soil), is not the norm globally.

The US is one of about 30 countries - mostly in the Americas - that grant automatic citizenship to anyone born within their borders.

In contrast, many countries in Asia, Europe, and parts of Africa adhere to the jus sanguinis (right of blood) principle, where children inherit their nationality from their parents, regardless of their birthplace.

Other countries have a combination of both principles, also granting citizenship to children of permanent residents.

John Skrentny, a sociology professor at the University of California, San Diego, believes that, though birthright citizenship or jus soli is common throughout the Americas, "each nation-state had its own unique road to it".

"For example, some involved slaves and former slaves, some did not. History is complicated," he says. In the US, the 14th Amendment was adopted to address the legal status of freed slaves.

However, Mr Skrentny argues that what almost all had in common was "building a nation-state from a former colony".

"They had to be strategic about whom to include and whom to exclude, and how to make the nation-state governable," he explains. "For many, birthright citizenship, based on being born in the territory, made for their state-building goals.

"For some, it encouraged immigration from Europe; for others, it ensured that indigenous populations and former slaves, and their children, would be included as full members, and not left stateless. It was a particular strategy for a particular time, and that time may have passed."

Shifting policies and growing restrictions

In recent years, several countries have revised their citizenship laws, tightening or revoking birthright citizenship due to concerns over immigration, national identity, and so-called "birth tourism" where people visit a country in order to give birth.

India, for example, once granted automatic citizenship to anyone born on its soil. But over time, concerns over illegal immigration, particularly from Bangladesh, led to restrictions.

Since December 2004, a child born in India is only a citizen if both parents are Indian, or if one parent is a citizen and the other is not considered an illegal migrant.

Many African nations, which historically followed jus soli under colonial-era legal systems, later abandoned it after gaining independence. Today, most require at least one parent to be a citizen or a permanent resident.

Citizenship is even more restrictive in most Asian countries, where it is primarily determined by descent, as seen in nations such as China, Malaysia, and Singapore.

Europe has also seen significant changes. Ireland was the last country in the region to allow unrestricted jus soli.

It abolished the policy after a June 2004 poll, when 79% of voters approved a constitutional amendment requiring at least one parent to be a citizen, permanent resident, or legal temporary resident.

The government said change was needed because foreign women were travelling to Ireland to give birth in order to get an EU passport for their babies.

One of the most severe changes occurred in the Dominican Republic, where, in 2010, a constitutional amendment redefined citizenship to exclude children of undocumented migrants.

A 2013 Supreme Court ruling made this retroactive to 1929, stripping tens of thousands - mostly of Haitian descent - of their Dominican nationality. Rights groups warned that this could leave many stateless, as they did not have Haitian papers either.

The move was widely condemned by international humanitarian organisations and the Inter-American Court of Human Rights.

As a result of the public outcry, the Dominican Republic passed a law in 2014 that established a system to grant citizenship to Dominican-born children of immigrants, particularly favouring those of Haitian descent.

Mr Skrentny sees the changes as part of a broader global trend. "We are now in an era of mass migration and easy transportation, even across oceans. Now, individuals also can be strategic about citizenship. That's why we are seeing this debate in the US now."

Legal challenges

Within hours of President Trump's order, various lawsuits were launched by Democratic-run states and cities, civil rights groups and individuals.

Two federal judges have sided with plaintiffs, most recently District Judge Deborah Boardman in Maryland on Wednesday.

She sided with five pregnant women who argued that denying their children citizenship violated the US Constitution.

Most legal scholars agree that President Trump cannot end birthright citizenship with an executive order.

Ultimately this will be decided by the courts, said Saikrishna Prakash, a constitutional expert and University of Virginia Law School professor. "This is not something he can decide on his own."

The order is now on hold as the case makes it through the courts.

It is unclear how the Supreme Court, where conservative justices form a supermajority, would interpret the 14th Amendment if it came to it.

Trump's justice department has argued it only applies to permanent residents. Diplomats, for example, are exempt.

But others counter that other US laws apply to undocumented migrants so the 14th Amendment should too.

Source: https://www.bbc.com/news/articles/c983g6zpz28o

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It’s crazy how something as simple as “where you’re born” can spark such huge debates, especially when politics gets involved. You’d think the 14th Amendment would be pretty clear-cut, but here we are, still debating it over a century later, what a time to be alive!

"Where do other countries stand", as if the other countries themselves seek the opinions of others before instituting theirs. Every western world leader currently pushing for stiffer immigration rules are all products of immigration. Goes to show that in international politics, no paddy man for jungle. Keep that in mind as u join urself to foreigners hellbent on destroying ur own nation under the guise of religion, ethnicity or political wokeness.

Ok.make Nigerians sef siddon for una House.if person say he no want you or want your children to be identified with him then you leave him alone.na by force to give your children citizenship where they're not wanted? You sef respect yourself. Fela don kuku sing am.na colonial mentality dey worry una

You don see where oyinbo dey come nigeria come born to get nigerian citizenship? except maybe the man marry the oyinbo bring am come naija.

Abeg una too do.make una try dey respect yourselves so oyinbo no go see us finish

Mostly targeted at undocumented immigrants and rightly so. However, people also travel to give birth in their US and take their children back home, just to have American passports, with children that grow up later not knowing much about the US and in some cases could harbor anti American sentiments

Come back and eat agbado

Non of the countries complaining offer birth right citizenship yet they want Americans to continue it 😅😅

okay

citizenship by birth can be exploited and this is Trumps point.
Anyways more Americans r in support than those not in support and last time I checked it is still democracy in America, though recently we check more frequently.

It should be stopped. Dual citizenship should be stopped too

SoftSport:
It’s crazy how something as simple as “where you’re born” can spark such huge debates, especially when politics gets involved. You’d think the 14th Amendment would be pretty clear-cut, but here we are, still debating it over a century later, what a time to be alive!

How does the 14th amendment link with birth citizen ship?

Man calls for Former Abia state governor Okezie Ikpeazu to be arrested


https://www.youtube.com/watch?v=8zVr_tT-Ovw?si=1hLiwNvgKCmFj1Lo

Lol!

Life is hard

Ok

He can try but he won't succeed.

NEXT!!

even some nigerians that were born in some parts of nigeria are not regarded as nigerians by some nigerians.

I support Donald Trump

S

Birthright citizenship in US is not ending anytime soon,it can only be more strict.

I don't care I just know they better not try that thing in naija . I don't want to see 5 million Indian Patel's with naija passport

Tambout rajiv I just got my Nigerian pali now I can open spar supermarket in lekki 🥺🥺

his TRUMPET too LOUD, abi American loud don dey ni?

ooh ASAke ASAGBO launched one

Great100000:
Source: https://www.bbc.com/news/articles/c983g6zpz28o

SoftSport:
It’s crazy how something as simple as “where you’re born” can spark such huge debates, especially when politics gets involved. You’d think the 14th Amendment would be pretty clear-cut, but here we are, still debating it over a century later, what a time to be alive!

Amendments can be changed and argued in court. Trying to change the law and becoming like the rest of the world is not a bad thing. Lastly, learn to be honest, the argument is not about “where you’re born” No one will argue and tell you that you are not born in the US if you are. It is an argument about citizenship. That's all

Let him stop it. Government across the globe should work hard and make their country better for their citizens.

No mind some Nija mumus.

Thatcher ended UKs automatic citizenship 1983.
https://en.wikipedia.org/wiki/British_nationality_law

Nobody complained, Trump now does the same and even the British are complaining

SalamRushdie:
Non of the countries complaining offer birth right citizenship yet they want Americans to continue it 😅😅

true

olisaEze:
"Where do other countries stand", as if the other countries themselves seek the opinions of others before instituting theirs. Every world leader currently pushing for stiffer rules on immigration are all products of immigration. Goes to show that in international politics, no paddy man for jungle. Keep that in mind as u join urself to foreigners hellbent on destroying ur own nation under the guise of religion, ethnicity or political affiliations.

Trump outlined what he will do during the campaigns. He was voted by Americans. He is delivering on his promise. Africans and other people with very bad and overtly corrupt governments are the ones complaining.

Even the Nigerian government and politicians dey punish the masses. Northerners will support any Islamic country against Nigeria.

In Nigeria, have you not heard some people told to go to their state? Have you heard of Nigerians threatened even in their own country? Have you not seen Nigerians denied some opportunities in some States because they are wanted there?

Ask Russia, Saudi, Egypt, China. America no be father Christmas again

Elusive001:
Trump outlined what he will do during the campaigns. He was voted by Americans. He is delivering on his promise. Africans and other people with very bad and overtly corrupt governments are the ones complaining.

Even the Nigerian government and politicians dey punish the masses. Northerners will support any Islamic country against Nigeria.

No mind them bros

lastmessenger:
Let him stop it. Government across the globe should work hard and make their country better for their citizens.

Hmmmmmm