Although Trump says that his legal advisor has assured him that his plan is possible, lawmakers right and left immediately opposed Trump's comments he made in an interview with Axios news agency about HBO (CNN and HBO, a parent company, WarnerMedia). had made. Speaker of the Republican House Paul Ryan simply said, "You can not end your first-born citizenship with an order."
As 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, around three dozen countries are currently recognizing the world Jus solos, the Latin term for "right of the soil", commonly known in the US as a birthright.
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, which give birth to everyone born in the country, "even if they are foreign parents, provided they are not serving their country."
While most countries are located on the American continent, both Pakistan and Lesotho recognize citizenship, although the former, like Brazil, also restricts the children of foreign diplomats.
Pakistan's Neighborhood India originally recognized Ju's soli, but began restricting it in the late 1980s before it was finally abolished in 2004.
While the primogeniture rights are far from being as rare as Trump claimed, most countries restrict the right a bit. 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, because of Britain's long imperialist history and the desire to deny its former colonial subjects, the process is so cumbersome that the UK Home Office has an online tool that allows users to verify that they are British citizens ,
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).
EU citizens in the UK, however, now have to apply for a fixed or pre-determined status to stay in the country. This is a naturalization process, but it can cause problems for some people who may not have the documentation to prove permanent residence (something that was not required before Brexit).
Right to blood
Jus soli comes from Common Law, the system used in most English-speaking countries and former British colonies. In civil law systems, as in most European countries, the principle applies Jus sanguinis, the "right to blood".
Many countries also offer a mix of Jus Soli and Jus Sanguinis, which grants citizenship to children born in the country and citizens born abroad.
Sometimes additional tests are introduced to ensure a connection with the country where the person is located. 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 citizens of the United States and the state in which they reside. "
Despite Trump's claim that he can revoke this right by executive order, it is almost impossible without a constitutional amendment, the arduous process by which the US Congress and state governments can vote to change the constitution.
"The guaranty guarantee of the 14th Amendment is clear," said Omar Jadwat, director of the ACLU Immigrants Rights Project. "This is a transparent and unconstitutional attempt to split in the days before the Midterms and set fire to the flames of anti-immigrant hatred."