Although Trump says his legal advisor has assured him that his plan is possible, lawmakers right and left immediately opposed Trump's comments he had made in an interview with news agency Axios about HBO (sharing CNN and HBO a parent company). Warner Media). Speaker of the Republican House, Paul Ryan, simply said, "You can not end the primogeniture with an order."
But while the debate about the constitutionality of such a move took center stage, the president's other assertion – one that was proven to be wrong – was overlooked.
According to the CIA World Factbook, three dozen countries around the world currently recognize Jus Soli the Latin term for "right of the ground," commonly referred to as birthright in the US.
The majority of these nations, like the US, are part of America and have in the past colonization and mass migration from Europe, including Canada, Venezuela, Chile, Peru, Mexico and Uruguay.
Several countries provide almost unconditional lawful solos, such as Brazil, granting first birth to anyone born in the country, "even if they are foreign parents, provided they are not serving their country."
While most states are located on the American continent, both Pakistan and Lesotho recognize the primogeniture, although the former, like Brazil, also restrict the children of foreign diplomats.
Pakistan's Neighboring Country India originally recognized Ju's soli, but began restricting it in the late 1980s before it was finally abolished in 2004. Countries restrict the right a little. 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 is born in the country by foreign parents but lives in Australia for the first ten years of his life.
In the UK, the process is so complicated due to Britain's long imperial history and attempts to deny rights to former colonial rulers that the UK Home Office has an online tool that allows users to check if they are up for grabs qualify for British citizenship.
A Brexit – Britain's continued attempt to leave the European Union – could complicate matters further. Currently, all EU citizens have the right to reside and work in a country within the Union, which means that many do not apply for naturalization as in another country (to receive electoral or welfare rights).
However, EU citizens in the UK now need to apply for a fixed or pre-determined status to stay in the country. This is a process similar to naturalization but may cause problems if some individuals may not have the required evidence of permanent residence (something that was not required prior to Brexit).
Jus soli derives from common law, the system used in most English-speaking countries and former British colonies. In bourgeois legal systems, as in most European countries, the prevailing principle jus sanguinis is the "right to blood".
Many countries also adopt a mix of Jus soli and jus sanguinis. They grant citizenship to children born in the country and citizens living abroad.
Sometimes additional tests are introduced to ensure a connection with the country from which a person applies for citizenship. While in Poland, for example, citizens are granted citizenship based on Jus Soli and Jus Sanguinis, applicants must speak Polish to become citizens.
In the US, citizenship is governed by the 14th Amendment to the Constitution, which reads: "All persons born or ordinated in the United States and subject to their jurisdiction are United States and State nationals,
Despite Trump's claim that he can revoke this right through the Implementing Regulations, it is almost impossible without a constitutional amendment, the tedious process by which the US Congress and the state governments are calling for a constitutional amendment can vote.
"The guaranty guarantee of the 14th amendment is clear," said Omar Jadwat, director of the ACLU project "Immigrants & # 39; Rights". "This is a transparent and unconstitutional attempt to split in the days leading up to the interludes and to ignite the flames of anti-immigrant hatred."