
As Warami read the posts on her social media, she came upon the information that Donald Trump intends to do away with Birthright Citizenship, otherwise referred to as “JUS SOLI.” Warami’s heart skipped a beat as she pondered her fate. She was now six months pregnant and had arranged with her eldest sister – Alero, to have her baby in the United States in the first quarter of next year, with expectations that the child would automatically acquire American citizenship and the attendant right of an American. All medical arrangements had been concluded and even though the financial implication was heavy, she had adjudged it worthwhile. Now, she was unsure of whether to cancel the plans or to go along and keep her fingers crossed.
What exactly is birthright citizenship? It is a legal principle that entitles babies born within the boundaries of a country to be automatically awarded citizenship of that country. A number of countries in the western hemisphere actually operate this principle although with some modifications as to other requirements in addition to the fact of birth. In the USA, this principle was adopted under the Fourteenth Amendment to the Constitution in 1868 and has remained in force since then.
For a lot of parents from Developing countries, the opportunities inherent in having citizenship of a country that boasts rights and privileges, improved education, healthcare and social services are tempting, resulting in the development of “Birth Tourism” whereby, parents like Warami, visit the country, purely for the purpose of birthing their child there. Since 2020, the USA had stopped granting tourist visas to persons suspected to be visiting the country for such purpose. It therefore comes as no surprise that the stoppage of birthright citizenship forms a core part of the Trump agenda on immigration. The big question however is whether he can succeed in taking away birthright citizenship or better still, how easy would it be for him to achieve this?
My thoughts are that stoppage is achievable although it may not be an easy procedure. For it to gain acceptability, it would be easier to amend the provision rather than expunge it. For instance, the provision of the Constitution can be amended to include other prior or surrounding conditions, such as that the mother must have been resident in the USA for a minimum number of years, etc. Any amendment to the Constitution would require a two-thirds vote in both the House and Senate along with the ratification of three-quarters of the states. Consequently, I do not expect that this will be quickly resolved although, given the current global emphasis on immigration laws, it is only a matter of time before there will be restrictions placed on birthright citizenship, globally.
For countries that do not allow dual citizenship, children birthed in the USA or other countries may be forced to forfeit their paternal country with dire consequences, especially for Government or political appointments. Also, USA tax laws are based on citizenship not residency which means that wherever the citizen is located or resident, his taxes will be repatriated back to the USA.
Havilah therefore advises intending parents to look before they leap as the immigration dynamics in most Western countries are changing and they need to make informed decisions especially as they relate to their offspring.
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Havilah
