The Debate on Birthright Citizenship in the USA: A Detailed Guide

Recently, Donald Trump proposed changes to restrict the right to birthright citizenship in the United States, guaranteed by the 14th Amendment to the Constitution. This proposal has raised legal, social, and economic questions for millions of immigrants and their families. This guide explores the details of the proposal, the history of birthright citizenship, the systems adopted around the world, and how to protect your family.

1. What is Birthright Citizenship?

Birthright citizenship in the USA, also called “jus soli” (right of the soil), ensures that any child born on American territory automatically acquires citizenship, regardless of their parents’ immigration status.

2. Citizenship Systems Worldwide: Jus Soli and Jus Sanguinis

Citizenship at birth varies globally based on two main systems:

• Jus Soli (“Right of the Soil”):

  • Grants automatic citizenship to individuals born within a country’s territory.

  • Countries that adopt full jus soli:

    • United States

    • Canada

    • Mexico

    • Argentina

    • Brazil

    • Uruguay

    • Fiji

  • Countries with conditional jus soli:

    • Germany (requires parents to have permanent residence).

    • Australia (parents must be permanent residents or citizens).

  • Note: Jus soli reflects the idea of inclusion and equality, regardless of the parents’ origin.

• Jus Sanguinis (“Right of Blood”):

  • Citizenship is transmitted by parents, regardless of the place of birth.

  • Countries that adopt jus sanguinis:

    • Italy

    • Japan

    • Switzerland

    • Greece

    • South Korea

    • Israel

  • Main Difference: Jus soli is based on the place of birth, while jus sanguinis prioritizes the blood link with the parents. In jus sanguinis systems, a child born outside the parents’ country of origin can acquire their citizenship but not that of the place of birth.

3. History of the 14th Amendment in the USA

The 14th Amendment was introduced after the Civil War to ensure equal rights for all, especially freed African Americans.

• Why was it created?

  • To prevent states from denying citizenship to former slaves or minorities born in the USA.

• Impact:

  • It became a landmark of inclusion, guaranteeing automatic citizenship to all individuals born in the country.

Curiosity: Jus soli in the USA was fundamental to integrating generations of immigrants into American society.

4. Donald Trump’s Proposal

Trump proposed limiting jus soli for children born to parents who are neither citizens nor legal permanent residents. He argues that:

• Birthright citizenship encourages irregular immigration.

• Many families use what he calls “anchor citizenship” to remain in the USA.

Important Note: Changing the 14th Amendment requires constitutional amendments, a highly challenging process.

5. Global Comparisons and Repercussions

• Countries that have eliminated or restricted jus soli:

  • Germany: Children born there only have automatic citizenship if at least one parent has had permanent residence for more than 8 years.

  • Australia: Adopted conditional jus soli in 1986, requiring one parent to be a permanent resident.

• Global Impact:

  • Countries with jus sanguinis may hinder the integration of immigrant families and create barriers for children of foreign workers.

USA’s Differential: Birthright citizenship allows children of immigrants to contribute to the workforce and economy, promoting social inclusion.

6. How to Amend the US Constitution?

To change the 14th Amendment, it is necessary:

• Proposal:

  • Approval by two-thirds of Congress (House and Senate).

  • Or convening a constitutional convention by two-thirds of the states (34 out of 50).

• Ratification:

  • Approved by three-quarters of the states (38 out of 50).

Historical Fact: Only 27 amendments have been approved since the Constitution’s founding, highlighting the difficulty of the process.

7. Economic and Social Impacts of the Change

If birthright citizenship is restricted:

• Impact on Undocumented Immigrants:

  • Thousands of children may lose access to basic rights, such as education and healthcare.

• Economic Sectors Dependent on Immigrants:

  • Agriculture, construction, and hospitality would face worker shortages.

• Challenges for Mixed Families:

  • There may be an increase in family separations and additional legal barriers.

Study: Immigrants and their descendants generate billions of dollars in taxes and boost the local economy.

8. Alternatives to Protect Your Family

Immigrant families may consider:

• Naturalization: Parents who become citizens ensure citizenship for their children.

• Status Adjustment: Regularizing permanent residence for greater stability.

• Legal Consultation: Plan with professionals to explore preventive legal pathways.

9. How USA Legal Now Can Help You

With USA Legal Now, you receive comprehensive support to protect your family in times of uncertainty. We offer:

• Personalized Consultation: Detailed assessment of your situation.

• Naturalization and Status Adjustment: Assistance in regularizing your immigration status.

• Certified Translations: Ensuring all documents comply with U.S. laws.

• Legal Representation: Support in court cases and solutions for mixed-status families.

With USA Legal Now, you’re prepared to protect your family in any scenario.

10. Frequently Asked Questions (FAQs)

Q: Is birthright citizenship still in effect? A: Yes, the 14th Amendment still guarantees citizenship to all born in the USA.

Q: Which countries adopt jus soli or jus sanguinis? A: The USA and Canada are examples of full jus soli. Countries like Japan and Italy adopt jus sanguinis.

Q: How can I protect my family’s immigration status? A: Consider naturalization, status adjustment, and explore legal alternatives with professional support.