Tuesday, 30 October 2018

jus soli

Via Boing Boing, we learn that Trump intends to nullify the provision of the Fourteenth Amendment to the US constitution (previously here and here), by means of an executive order, that guarantees birthright citizenship to children born within the United States’ territory regardless of the status of their parents.
Though rarer and usually qualified in most of the rest of the world, thirty-one countries in the Americas automatically confer citizenship (though with America, also comes the onerous burden of taxes on worldwide income, which along with citizens Eretria one cannot opt out of) proponents of unrestricted jus soli (law of the soil, as opposed to jus sanguinis which puts an additional requirement for citizenship that one or both parents to have been born in the country) argue that without these protections, we risk creating a disenfranchised underclass and more stateless persons. During the interview, Trump claims he is already in consultation with counsel on drafting the executive order, and though it is unclear how he has the authority to undo a duly ratified amendment, one of his Svengalis might have shown him the clause “subject to the jurisdiction thereof” and explained that it is meant to exclude children born to enemy forces engaged in hostile occupation of the country’s territory and convinced him it’s referring to the caravans of murderous migrants massing at the borders.