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President Donald Trump incorrectly said that the US is “the only country” that automatically confers citizenship to children born in its territory. What’s the situation like in Europe?
ADVERTISEMENTPresident Donald Trump recently said that the US is the only country in the world that offers citizenship to a child born on its soil, regardless of the parents’ nationality.Trump made the comments on his first day back in office, as he sat in the Oval Office signing off a raft of executive orders, attempting to enact one of his campaign promises.”It’s ridiculous,” he said. “We are the only country in the world that does this with the birthright, as you know, and it’s just absolutely ridiculous.”But this isn’t true — plenty of other countries practice the principle of unrestricted jus soli, meaning “right of soil”, including the US’s neighbours, Canada and Mexico.In fact, most of the countries offering automatic citizenship to those born there are in the Americas, such as Argentina, Brazil, Chile and Peru.Over in Europe however, the majority of states practice the principle of jus sanguinis — which gives citizenship to a child if one or both of their parents are of that nationality.No country in the EU grants automatic and unconditional citizenship to children born there to foreign parents, according to a European Parliament briefing.Some countries do have a form of jus soli, but it comes with conditions, most often that the parents must have lived in the country for a certain amount of time before the child is born.European countries that have such rules include Belgium, Germany, Ireland, Portugal and the UK.Some states practice double jus soli — this is when children born in a country to foreign citizens can acquire citizenship at birth if at least one of their parents was also born in the country.Children automatically acquire citizenship this way in France, Luxembourg, the Netherlands, Portugal and Spain. Belgium and Greece also have double jus soli but with certain conditions attached.Sometimes jus soli in Europe is restricted by the prohibition of dual citizenship, such as in Spain. Here, children of foreign citizens can acquire citizenship this way only if they renounce any other foreign citizenship acquired at birth, according to the European Parliament briefing.Is Trump’s plan likely to succeed?US District Judge John Coughenour for the Western District of Washington has temporarily blocked Trump’s executive order to redefine birthright citizenship, calling it “blatantly unconstitutional”.The president said he would appeal against the decision, paving the way for a lengthy court battle.ADVERTISEMENTBirthright citizenship has been in place for decades in the US and applies to children born to someone in the country illegally, or anyone on a tourist or student visa who plans to return home.Trump and his supporters have argued that the system is being abused and that there should be tougher standards for becoming an American citizen. They claim that the principle is a magnet for “birth tourism”, where pregnant women enter the US specifically to give birth so that their children can get citizenship before returning home.However, others argue that it’s a right enshrined in the 14th Amendment to the Constitution, it would be extremely difficult to overturn and even if it’s possible, it’s a bad idea, because it would damage efforts to integrate and assimilate immigrants and their children.ADVERTISEMENT”All persons born or naturalized in the United States and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside,” the 14th Amendment says. “No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States.”Changing the Constitution would be a difficult task: a new constitutional amendment by Congress would require a two-thirds vote in both the House and Senate and ratification by three-quarters of states.Most legal experts tend to believe that it would not be possible to revoke birthright citizenship, despite the government’s claims to the contrary.Judge Coughenour’s ruling was a temporary restraining order to block the administration from enforcing or implementing Trump’s order nationally for two weeks. ADVERTISEMENTDuring that time, the sides will submit further briefings on the legal merits of the executive order. Coughenour scheduled another hearing for 6 February to hear arguments on whether to issue a preliminary injunction, which would block the executive order long-term while the case proceeds.In the meantime, other cases challenging the order in other states are also getting underway.

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