Jus soli

Jus soli (English: /dʒʌs ˈsoʊlaɪ/ juss SOH-ly, /juːs ˈsoʊli/ yooss SOH-lee),[1] commonly referred to as birthright citizenship, is the right to acquire nationality or citizenship by being born within the territory of a state.[2][3]

Countries by jus soli

Jus soli without restrictions

Jus soli with restrictions

Jus soli abolished

No jus soli

Jus soli was part of the English common law, in contrast to jus sanguinis, which derives from the Roman law that influenced the civil-law systems of mainland Europe.[4][5]

Jus soli is the predominant rule in the Americas; explanations for this geographical phenomenon include: the establishment of lenient laws by past European colonial powers to entice immigrants from the Old World and displace native populations in the New World, along with the emergence of successful wars of independence movements that widened the definition and granting of citizenship, as a prerequisite to the abolishment of slavery since the 19th century.[6] Outside the Americas, however, jus soli is rare.[7][8] Since the Twenty-seventh Amendment of the Constitution of Ireland was enacted in 2004, no European country granted citizenship based on unconditional or near-unconditional jus soli until the adoption of Latvia's jus soli citizenship law in 2020.[9][10][11]

Almost all states in Europe, Asia, Africa and Oceania grant citizenship at birth based upon the principle of jus sanguinis ("right of blood"), in which citizenship is inherited through parents rather than birthplace, or a restricted version of jus soli in which citizenship by birthplace is automatic only for the children of certain immigrants.

Jus soli in many cases helps prevent statelessness.[12] Countries that have acceded to the 1961 Convention on the Reduction of Statelessness are obligated to grant nationality to people born in their territory who would otherwise become stateless persons.[13][lower-alpha 1] The American Convention on Human Rights similarly provides that "Every person has the right to the nationality of the state in whose territory he was born if he does not have the right to any other nationality."[12]

National laws

Lex soli is a law used in practice to regulate who can assert the right of jus soli and under what circumstances they can do so. Most states provide a specific lex soli—in application of the respective jus soli—and it is the most common means of acquiring nationality. However, a frequent exception to lex soli is imposed when a child is born to a parent in the diplomatic or consular service of another state on a mission to the state in question.[14][15]

Unrestricted jus soli

Africa

Chad[16][17] (the choice to take Chadian citizenship, or that of the parents is made at 18 years of age)[18]
Lesotho[19]
Tanzania:[17] Per the Tanzania Citizenship Act of 1995, "any child born within the borders of the United Republic of Tanzania, on or after Union Day, 26 April 1964, is granted citizenship of Tanzania, except for children of foreign diplomats."[20] While Tanzania technically observes birthright citizenship, it is official practice that birth in Tanzania has to be further supported by descent from a Tanzanian parent to be recognized as a citizen by birth. This practice has gone uncontested in courts of law. Also, dual citizenship is not allowed after turning 18 years old. At 18 years old, Tanzanian citizenship will cease unless other citizenships are renounced.[21]

North America

Antigua and Barbuda: Guaranteed by the Constitution.[22][23]
Barbados: Guaranteed by the Constitution.[22][24]
Belize[22][25]
Canada: Subsection 3(2) of the Citizenship Act states that Canadian citizenship by birth in Canada – including Canadian airspace and territorial waters – is granted to a child born in Canada even if neither parent was a Canadian citizen or permanent resident except if either parent was a diplomat, in service to a diplomat, or employed by an international agency of equal status to a diplomat. However, if neither parent was a diplomat, the nationality or immigration status of the parents do not matter.[26] Some Conservative Party members wish to end birthright citizenship in Canada to the children of tourists and unauthorized immigrants.[27]
Costa Rica: Jus soli requires registration with the Costa Rican government before the age of twenty-five.[28]
Cuba[29]
Dominica[22][30]
El Salvador[22]
Grenada[22]
Guatemala[22]
Honduras[22]
Jamaica[22][31]
Mexico: Article 30 of the Constitution of Mexico states that persons born in Mexican territory are natural-born citizens of Mexico regardless of their parents' nationality. The definition of "territory" includes vessels/aircraft flagged to Mexico travelling in international waters or airspace.[22][32]
Nicaragua[22]
Panama[22][33]
Saint Kitts and Nevis[22]
Saint Lucia[22]
Saint Vincent and the Grenadines[22]
Trinidad and Tobago[22][34]
United States: The Citizenship Clause of the 14th Amendment to the United States Constitution, ratified in 1868, provides: "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."[35] The concept of birthright citizenship applying to the child born of a foreign national in the country without proper credentials has never been formally litigated, but the U.S. Supreme Court's decision in United States v. Wong Kim Ark (1898) allowed the government to deny citizenship to U.S.-born children only in the cases of children born to foreign diplomats and children born to enemy forces engaged in hostile occupation of the country's territory, and thus this decision is most often interpreted as barring the government from denying citizenship to those born in the U.S. based on the alienage of their parents.[36][37] (see United States nationality law).

The U.S. Constitution's natural-born-citizen clause, which determines the eligibility of those running for the office of President, has been at the center of a number of controversies and subject to various interpretations. Some of these interpretations entail a strict jus soli, barring anyone who was not born on U.S. soil from attaining the presidency, while others are more permissive.

From 24 January 2020, the Trump administration adopted a new policy to make it more difficult for foreign nationals to obtain a nonimmigrant visa to travel to the U.S. to give birth on U.S. soil to ensure their children become U.S. citizens, a practice commonly known as "birth tourism".[38] Conservatives in the United States have often called for legislative reforms, including an amendment to the Citizenship Clause of the 14th Amendment, to end jus soli in the United States – particularly for children born to persons unlawfully present in the country. However, this may be difficult to accomplish, as the general consensus among American lawyers and legal scholars, regardless of personal ideology, is that the 14th Amendment grants jus soli citizenship to any child born in the United States.[39]

Persons born in American Samoa (a U.S. territory) are not U.S. citizens at birth (they are non-citizen U.S. nationals, unless one of their parents is a U.S. citizen).[40] In 2019, a federal court ruled that American Samoans are U.S. citizens, but the ruling was put on hold, and the litigation is ongoing.[41][42]

South America

Argentina[22]
Bolivia[22]
Brazil[22][43] (requires that the foreign parents are not working for their country's government in Brazil at the time the child is born).
Chile's Constitution grants nationality to "those born in Chilean territory, with the exception of the children of foreigners who are in Chile in service of their government, and the children of transient foreigners, all of which, however, may opt for the Chilean nationality."[44][22][45]
Ecuador[22]
Guyana[22]
Paraguay[22]
Peru (registration required at 18 years of age)[22]
Uruguay[22][46]
Venezuela[22][47]

Oceania

Asia

Pakistan The primary law governing nationality regulations is the Pakistan Citizenship Act, 1951, which came into force on 13 April 1951. With few exceptions, almost all individuals born in the country are automatically citizens at birth.

Europe

Latvia: Prior to 2020, Latvia practiced jus sanguinis nationality law. Since January 1, 2020, Latvian citizenship is granted automatically to all children born in Latvia no matter what status their parents have (citizens or non–citizens). Children born in Latvia receive either Latvian citizenship or citizenship of another country if both parents agree on that other citizenship. The default is Latvian citizenship for all children born to Latvia-resident parents. If the child is born outside Latvia or one of the parents is a citizen of another country, the parents have to submit an application and documents certifying that the child is not and has not been a citizen of any other country in order to be recognized as a Latvian citizen.[11]

Restricted jus soli

There is a trend in some countries toward restricting jus soli by requiring that at least one of the child's parents be a citizen, national or legal permanent resident of the state in question at time of the child's birth.[50] Modification of jus soli has been criticized as contributing to economic inequality, the perpetuation of unfree labour from a helot underclass[50] and statelessness. Jus soli has been restricted in the following countries: