#jussoli

[mapsontheweb]

Jus Soli Situation

If a child is born within the geographical boundaries of a country that follows jus soli, that child is automatically granted citizenship of that country. This is in contrast to the legal principle of jus sanguinis, which grants citizenship based on the nationality or ethnicity of one's parents, rather than place of birth.

by @Maps_interlude

[drsgopalan-blog]

Trump’s Plan to Abolish Birthright Citizenship: Constitutional Challenges

President Trump has proposed to abolish birthright citizenship by way of executive order. I analyse the legality of the proposal in my column in The Hill:

...the president is not alone in calling for abolition of citizenship obtained by birth; arguments have ebbed and flowed throughout U.S. history, in tune with anti-immigrant sentiment. Calls to abolish birthright citizenship intensified, for example, in the 1990s and in the aftermath of 9/11.

... any such executive order likely would be declared unconstitutional, making the president’s promise futile. Here’s why: Birthright citizenship has a long history in the United States, upheld by Supreme Court rulings.

Unlike “jus sanguinis,” or citizenship that stems from a blood parent who is a national, citizenship by birth is a creation of law and conferred upon anyone born within the jurisdiction. Throughout its history, the United States has conferred citizenship through both means.

Unsurprisingly, birthright citizenship came to America with English common law. Justice Horace Gray emphasized the need to interpret the legal meaning of “citizen” for constitutional purposes in the 1898 case of United States v. Wong Kim Ark. That case concerned a San Francisco man born to Chinese nationals whose citizenship status was called into question when he returned from a trip to China. Ark had never renounced ties to the United States or acquired conflicting allegiance to China, and the Supreme Court’s 6-2 ruling in his favor established precedent in interpreting the 14th Amendment’s citizenship clause.

The court observed that under English law, citizenship was by “birth within the allegiance, also called ‘ligealty,’ ‘obedience,’ ‘faith,’ or ‘power’ of the king.” Under the principle, “all persons born within the king’s allegiance and subject to his protection” were citizens.

... The court’s ruling in the Ark case does not seem to exclude the children of illegal immigrants from their birthright of citizenship. Justice Gray was clear that the Civil Rights Act and the 14th Amendment mandate this conclusion.President Trump cannot undo these principles by executive order. 

[lorliga-blog]

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Stefano #Parisi riprende #DelRio che sciopera per lo #JusSoli