At one time, the nationality of a person was determined by the principle of jus sanguinis (right of blood),a tenet of the Roman law which it is still prominent in European countries This establish that an individual belongs to a family, or a tribe, not to a specific territory. It was not until the dates from Cleisthenes' reforms of ancient Athenian law that the principle of jus soli (right of the soil) was developed. And it was later after the English colonies in America got their independency that this principle was adopted in the new society of the United States. The just soil principle is the right of anyone born in the territory of a state to have the nationality or the citizenship of that state. This is associated with birth rights to obtain a citizenship. According to a study of the Center for Immigration Study in 2010 found that only 30 of the world's 194 countries grant citizenship at birth to the children of undocumented foreign residents, (Feere, Jon). This is the situation of many children that are born inside of the US. The next case will present the legality of birthright citizenship, the legal decisions of the Executive Office for Immigration Review, data provided by census, Congressional hearings, previous research, and the position of the society on the subject of matter.
A Mexican pregnant women migrate from Tijuana illegally all the way through state of Arizona. She was five moth of pregnancy when she got to the United States, she stared to work and live a low income life. After four month of her illegal entrance she gives birth to a little boy. She is now concern about the status of her newborn and whether he will be a U.S. citizen. The simple and short answer is yes, because he was born inside of the territory. He will be eligible for all public benefits of any citizen, and the mother can apply for benefits for him, even if the mother is not eligible. The legal answer rely on the Fourteenth Amendment of United States Constitutions which establish that, "All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside.