The constitutional law that establishes the right of American citizenship for those born on the soil of the United States dates back to 1898
If he is re-elected to the White House, Donald Trump intends to abolish the ius alone measure which guarantees American citizenship to those born in the United States. In a video posted on social media, Trump says he will sign an executive order on the first day of his presidency to ensure that the children of undocumented migrants “will not automatically receive US citizenship”.
Recycling the violent anti-immigrant rhetoric, which was a key to his electoral success in 2016, Trump explained that this will counter “one of the major incentives for illegal migration, discouraging the arrival of many migrants and encouraging many foreigners who Joe Biden illegally let our country into our country to leave.”
The birthright of citizenship is enshrined in the 14th amendment to the Constitution, passed in 1866 and then ratified two years later, which stipulates that “all persons born or naturalized in the United States, and therefore subject to its jurisdiction, are American citizens”. In 1898 then a Supreme Court ruling further confirmed the right.
Despite this, Trump already announced the measure during the electoral campaign for the 2016 elections: “They tell me that a constitutional amendment is needed, but you know what? It’s not true”, he said in an interview in 2018, complaining that the United States “is the only country where a person arrives, he has a child and he becomes a citizen with all the benefits, it’s ridiculous and it has to stop”.
In fact, over 30 countries have ius alone. And the constitutionalists say that an attempt to remove him in the US with an executive order would have no chance of overcoming the appealseven in front of Trump-appointed judges.