The American president has thereby overturned a centuries-old principle of secular Western societies. Trump is in the process of abolishing the so-called jus soli – which states that a child automatically receives the citizenship of the country in which it is born, regardless of the nationality of the parents.
In the US, the 14th Amendment to the Constitution has guaranteed citizenship to every child born on US soil since the 19th century. This is now set to end.
Now the Supreme Court will have to decide on the legality of the presidential order. It aims to deny US citizenship to children whose parents are neither US citizens nor permanent residents (“green cards”). Trump initiated the order immediately after taking office. A lower court has already blocked the order, ruling that it violates the 14th Amendment.
The US Department of Justice appealed the decision. The Supreme Court justices have now accepted the case. They are expected to hear the arguments during the current session. A ruling is anticipated by the end of June. A specific date for the oral arguments has not yet been set.
The outcome of the proceedings will redefine the foundations of American citizenship and will likely have repercussions beyond the US, as jus soli has been the principle of citizenship by descent for several decades in Europe as well. The developments in the US are likely to reignite the debate in Europe.
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