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Birthright citizenship is a legal right provided to individuals as per the Constitution. This is the kind of citizenship granted to individuals based on their birth within a particular country's territory. If we try to decode it in a simple way, then it basically states that any individual who is born on the soil of the country is automatically a citizen of that country, even if their parents are not citizens of that country. It is a foundational part of many nations' nationality laws, including the United States, Canada, and many countries in the Americas.
Any attempt to undo or limit this right can risk destabilizing families and communities. It also challenges the broader ideals of inclusion and equality that the 14th Amendment was designed to uphold after the Civil War in America. As legal battles continue, the fate of birthright citizenship hangs in a delicate balance between the administration and the people’s verdict.
The 14th Amendment to the US Constitution states birthright citizenship: “All persons born or naturalised in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside.”
Mike Davis on birthright citizenship and more- excellent commentary!
— NanLee Marie Carissimi (@NanLee1124) May 16, 2025
The Birthright Citizenship provision of the 14th Amendment was enacted to ensure that children of freed slaves were citizens of the U.S. @mrddmia @Bannons_WarRoom Watch…
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Two Types of Citizenship Principles
Let us try to understand what the two kinds of citizenship are that are provided to the people.
Jus Soli
Jus Soli, or "Right of the Soil," states that all people born on a state's territory are entitled to citizenship, regardless of the nationality of their parents. For example, if a child born on Mexican soil has parents who are Indian, he is still eligible to hold citizenship of Mexico.
Jus Sanguinis
Jus Sanguinis, or “Right of Blood”, states that, irrespective of birthplace, citizenship is inherited from one or both parents. For example, if a child born in Mexico has one or both parents who are Canadian, then he is automatically eligible to be a citizen of Canada.
It must be noted that there can be exceptions in certain cases where individuals are exempted from the two types of citizenship. Usually, children born to foreign diplomats or officials of high order in other countries could be exempted from both types of citizenship as per the rules.
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Latest Details of Birthright Citizenship
- In May 2025, there was an issue going on with Donald Trump's attempt to change how birthright citizenship works in the US. Earlier that year, he had signed Executive Order 14160, trying to say that kids born here would not automatically be citizens unless one of their parents was already a citizen or a legal resident.
- He was going against how everyone has always understood the 14th Amendment, which says anyone born here is a citizen.
- This news caused a huge uproar. People filed lawsuits, and federal courts in several states stopped the order from going into effect, saying it was unconstitutional. But it was not just about Trump's policy; it also brought up this whole other issue about how much power these courts have to stop things nationwide.
- By mid-May 2025, the Supreme Court was listening to arguments about these court blocks, but they had not yet decided if Trump's order itself was legal. They were trying to figure out if the lower courts even had the right to stop the policy for the whole country.
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