While I have
consistently editorialized against birthright citizenship, the fact remains that
jus soli (“right of soil”) is firmly ensconced within the Fourteenth Amendment to the U.S. Constitution.
“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,” the
amendment clearly states.
Haley was born as Nimrata Randhawa in Bamberg, South Carolina on January 20, 1972. Therefore, she is a citizen of the United States by right of birth – notwithstanding the citizenship status of her parents.
In 2009, an attempt was made to invalidate the 11 electoral votes narrowly won in the state of Indiana by former U.S. president
Barack Obama. One of the legal arguments put forward in support of this attempt was disqualifying Obama from holding the office of president “because his father was a citizen of the United Kingdom.”
Addressing this issue in the case of
Ankeny v. Governor, the Indiana
supreme court did a deep dive into the birthright citizenship issue – exploring its roots in British common law dating back more than three centuries.