Mapped: Birthright citizenship around the world
President Trump challenged U.S. birthright citizenship the day of his inauguration, attempting to strike down a 19th century constitutional doctrine via executive order.
The big picture: Though a core part of American citizenship, unrestricted birthright citizenship is mostly a facet of the Western Hemisphere.
- Many other nations make citizenship conditional on the legal status of the parents or a person's length of residency in the country, per the Library of Congress.
- In Africa, Asia and Europe, most countries either don't offer birthright citizenship or offer it conditionally, some through an application process.
What they're saying: "The historical foundation of this principle in the U.S. reflects its aim to eliminate legal inequalities and promote inclusivity," the American Immigration Council said.
- Another explanation of its foundation is colonialism, John Skrentny, a sociologist at the University of California, San Diego, told Politifact in 2015 when Trump first raised his qualms with birthright citizenship.
- European colonizers, he said, wanted to build populations in North and South America to outnumber Indigenous populations.
- "Getting people to move in was a good way to establish authority," Skrentny added.
- He pointed out that birthright laws remain in South America, which has historically had fewer immigrants.
Zoom out: Universal birthright citizenship was restricted or abolished in Britain, Ireland, Australia, New Zealand and India in recent decades, the New York Times reported.
- Ireland in 2004 ended unrestricted birthright citizenship after 79% of voters supported a constitutional amendment that hinges citizenship on parents' residence and history.
- The Dominican Republic's abolition of birthright citizenship in 2013 denationalized about 200,000 people, largely of Haitian descent, according to the Center for Migration Studies.
- It was a decision the Inter-American Commission on Human Rights condemned and the Open Society Justice Initiative said was "part of a long history of discrimination against Dominicans of Haitian descent."
Catch up quick: Trump has also faced criticism for rhetoric used to push for more limits on immigration and promote mass deportations.
- States and civil rights groups immediately sued his administration after the president signed the birthright citizenship order, which was set to take effect on Feb. 20.
- A U.S. district judge sided with four Democratic state attorneys general who argued in lawsuits that the order was unconstitutional, and the decision Thursday temporarily blocked the order nationwide.
- Trump's defense of the order was that children whose parents aren't citizens are "not subject to" American jurisdiction as envisioned in the 14th Amendment.
What's next: The case is likely to be appealed to the Supreme Court.
- The Justice Department "will vigorously defend President Trump's EO, which correctly interprets the 14th Amendment of the U.S. Constitution," it said in a statement to NBC News.
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