Watch FIFA World Cup 2026™ LIVE, FREE and EXCLUSIVE

Birthright citizenship - what is it and which countries have it?

A newborn lies on his mother's stomach after a delivery at the medical clinic St Vincent de Paul in Lille, on August 17, 2018. (Photo by Philippe HUGUEN / AFP)        (Photo credit should read PHILIPPE HUGUEN/AFP/Getty Images)

A newborn lies on his mother's stomach after a delivery at the medical clinic St Vincent de Paul in Lille, on August 17, 2018. Source: (PHILIPPE HUGUEN/AFP/Getty Images)

United States president Donald Trump has again stoked controversy by suggesting so-called birthright citizenship in the United States should be ended.


Donald Trump has never been shy when it comes to suggesting policy ideas in public.

The U-S president's latest is on the contentious issue of immigration and citizenship.

He's proposing ending the right to U-S citizenship for babies born in the United States to non-citizens and unauthorised immigrants.

That, on its own, is controversial enough.

But Mr Trump has told interviewers for a series on U-S TV network H-B-O he thinks he can end that right by simply issuing a presidential executive order.

"It was always told to me that you needed a constitutional amendment. Guess what? You don't, you don't. Number one. Number one you don't need that. You can definitely do it with an act of Congress. But now they're saying I can do it just with an executive order." Mr Trump says.

Mr Trump says he's taken legal advice about the matter and that White House lawyers are reviewing his proposal.

But it appears Mr Trump's assertion that he can end so-called birthright citizenship with an executive order is not correct.

The concept of birthright citizenship, or jus soli, in the United States comes from the 14th amendment to the country's constitution, which has been in place for 150 years.

And being enshrined in the U-S constitution, any amendment would have to come from Congress.

In his H-B-O interview, Mr Trump then went on to criticise jus soli, saying the United States is the only country in the world that has it.

But a 2010 study from U-S group the Centre for Immigration Studies, which supports immigration restrictions, says that is not the case, and that at least 30 countries currently have birthright citizenship.

And further investigation by SBS News indicates that number now may be closer to 40, including the United States' northern neighbour, Canada, and its southern one, Mexico.

Australia is not one of those countries.

[The full story is available on the podcast above]


Share

Follow SBS Korean

Download our apps

Listen to our podcasts

Get the latest with our exclusive in-language podcasts on your favourite podcast apps.

Watch on SBS

Korean News

Watch it onDemand

Watch now