Citizenship by birth in the US: The constitutional debate before Donald Trump’s proposal

Abstract

Just a few months after his re-entry to the White House, the new president of the United States, Donald Trump, does not stop controversy with his various anti-immigration proposals. Among them, one has gained notorious attention and a strong impact on the external and even internal scenario: the proposal to eliminate automatic citizenship for the children of undocumented immigrants born in US soil. This case is totally against the very 14th amendment of the Constitution of the United States, which establishes the principle of Ius Soli (land law). This proposal generated controversy not only in the political sphere, but also in the legal, since modifying this principle would imply an unprecedented constitutional reinterpretation. In this article, the origin and relevance of Ius Soli in the United States, the legal viability of Trump’s proposal and the implications that its implementation would have in the society and the legal system of the country will be analyzed. Through the study of cases and expert opinions, it will be demonstrated how said initiative would violate the spirit of the 14th amendment and represent a challenge to the fundamental rights established in the US Constitution.