Jus soli

Countries by birthright citizenship:
  Unconditional birthright citizenship for persons born in the country
  Birthright citizenship with restrictions
  Birthright citizenship abolished
  No birthright citizenship

Jus soli (English: /dʒʌs ˈsoʊlaɪ/ juss SOH-ly or /juːs ˈsoʊli/ yooss SOH-lee, Latin: [juːs ˈsɔliː]), meaning 'right of soil', is the right of anyone born in the territory of a state to nationality or citizenship. Jus soli was part of the English common law, in contrast to jus sanguinis ('right of blood') associated with the French Civil Code of 1804.

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.

There are 35 countries that provide citizenship unconditionally to anyone born within their national borders. Some countries outside the Americas with mixed systems extend jus soli citizenship on a limited basis to children who are not otherwise eligible for any national citizenship, such as children born to women who are unwed or from countries that do not recognize maternal jus sanguinis citizenship. Others impose a residency requirement requiring parents to live in the country for a certain number of years before children born in the country become eligible for conditional jus soli citizenship. These mixed systems were implemented to fulfill treaty obligations after the atrocities of World War II increased awareness about the vulnerability of stateless persons. When the sovereignty over a territory is transferred from one state to another, individuals may be given the right of option of nationality based on jus soli or other rules.

Background

Jus soli, sometimes called lex soli, is the principle of citizenship acquired by the place of birth. French jurist Charles Demolombe invented the term around 1860. Children born to a parent in the diplomatic or consular service of another state are often not eligible for jus soli citizenship in a host State.

Unconditional jus soli is mostly found in the Americas. Some countries outside the Americas with mixed systems extend jus soli citizenship on a limited basis to children who are not otherwise eligible for any national citizenship, such as children born to women who are unwed or from countries that do not recognize maternal jus sanguinis citizenship. Others impose a residency requirement requiring parents to live in the country for a certain number of years before children born in the country become eligible for conditional jus soli citizenship. UNHCR gives ten reasons for why people become stateless including laws related to marriage, administrative practices, renunciation of citizenship and nationality laws that discriminate on the basis of gender.

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.

Reduction of statelessness

A map of parties to the Convention on the Reduction of Statelessness. Parties to Convention in dark green; countries which have signed, but not ratified in light green; non-members in grey.

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. These mixed systems were implemented to fulfill treaty obligations after the atrocities of World War II increased awareness about the vulnerability of stateless persons.

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."

Birthright citizenship

The New Oxford American Dictionary defines birthright citizenship as "a legal right to citizenship for all children born in a country's territory, regardless of parentage". In the United States jus sanguinis is not a constitutional right or a birth right. Citizenship by jus sanguinis is a legal status conferred by statute. The term birthright citizenship usually means jus soli citizenship.

Birthright citizenship is rooted in colonial history when settlers born in the colonial United States were considered "natural born" subjects of the King of England. The idea of conferring citizenship based on being born within the borders of the United States comes from this history. Allegiance based on natural law principles was the core concept of citizenship in Calvin's Case in which Edward Coke said that "they that are born under the obedience, power, faith, ligealty or ligeance of the King are natural subjects and no aliens". The American concept of citizenship is derived from republican principles and may have been influenced by the French writer Emer de Vattel.

Abolition

Countries have been restricting the right of jus soli in order to discourage birth tourism, anchor babies and illegal immigration, for example with the British Nationality Act 1981. India has abolished jus soli largely in reaction to illegal immigration from Bangladesh. A person who was born in India from 26 January 1950 until 1 July 1987 is a citizen by birth, regardless of the parents' nationality. It was restricted in 1987 to people with at least one parent who was a citizen. As of 2008, a person born in India is a citizen only if at least one parent is a citizen, and the other parent is a citizen or a legal migrant. New Zealand abolished unrestricted birthright citizenship in 2005. Around 9% of all births in the United States in 2023 were to mothers who were illegal immigrants or who had legal temporary status in the U.S.

By country

Africa

Asia

Europe

North America

On 20 January 2025, President Donald Trump signed an executive order aiming to end the practice of birthright citizenship. The order required at least one parent to be a U.S. citizen or lawful permanent resident for persons born in the U.S to become U.S. citizens at birth. On 30 June 2026, in the case of Trump v. Barbara, the Supreme Court rejected the order and reaffirmed that all persons born in the United States are citizens.

Oceania

South America

See also

Explanatory notes

  1. ↑ Parties to the Convention on the Reduction of Statelessness are also obligated to grant nationality to people who are born aboard ships flagged in the country or an aircraft registered in the country who would otherwise become stateless.

References

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  106. ↑ "Protecting The Meaning And Value Of American Citizenship". The White House. 21 January 2025. Retrieved 19 February 2025.
  107. ↑ "Birthright citizenship upheld as Supreme Court deals Trump a loss: Live updates". USA TODAY. 30 June 2026. Retrieved 30 June 2026.
  108. ↑ "1000 kids face deportation or being orphaned for breaching New Zealand visa rules". Visabureau.com. 7 October 2011. Archived from the original on 4 March 2016. Retrieved 23 February 2017.
  109. ↑ "Fiji Constitution: chapter 3, Section 10 Citizenship by birth". Archived from the original on 29 April 2020. Every child born in Fiji on or after the date of commencement of this Constitution becomes a citizen at the date of birth unless, at the date of birth: (a) a parent of the child has the diplomatic immunity accorded to envoys of foreign sovereign powers accredited to Fiji; and (b) neither parent is a citizen.
  110. ↑ "30+ countries offering Birthright citizenship or Jus soli | Citizenship by Investment Journal". 31 October 2018. Archived from the original on 9 November 2020. Retrieved 21 February 2024.
  111. ↑ "Constitution of Tuvalu Part III Section 45. Citizenship by birth". Under subsection 1, subject to subsections (3) and (4), a person born in Tuvalu on or after the date on which this Constitution took effect is a citizen of Tuvalu by birth. Note: subsection 3 states that a person does not become a citizen of Tuvalu by virtue of subsection (1) if at the time of his birth neither of his parents was a citizen of Tuvalu; and his father had the privileges and immunities of an envoy to Tuvalu from a country with which Tuvalu had diplomatic relations. And subsection 4 states that a person does not become a citizen of Tuvalu by virtue of subsection (1) if his father was a citizen of a country with which Tuvalu was at war; and the birth occurred in a place in Tuvalu occupied by that country.
  112. ↑ Article 12a of the Federal Constitution (translated) says that Brazilians include, "a) those born in the Federative Republic of Brazil, even if of foreign parents, provided they are not in the service of your country"."Neoconstitucionalismo – Análise histórica". JusBrasil. Archived from the original on 5 March 2016. Retrieved 5 December 2015. a) os nascidos na República Federativa do Brasil, ainda que de pais estrangeiros, desde que estes não estejam a serviço de seu paí
  113. ↑ "Chile's Constitution of 1980 with Amendments through 2015" (PDF). Comparative Constitutions Project. Archived (PDF) from the original on 19 September 2022. Retrieved 14 June 2022.
  114. ↑ Constitution of the Republic of Chile, chap. II, art. 10, par. 1 (Spanish text Archived 6 October 2017 at the Wayback Machine; English version Archived 14 May 2011 at the Wayback Machine without recent changes) Article 10.- "Chileans are: 1.- Persons born in the territory of Chile, with the exception of those children of foreigners who are in Chile serving their government, as well as those children of transient foreigners. However, all may opt for the Chilean nationality."
  115. ↑ "Constitución Política de Colombia". Archived from the original on 10 August 2021. Retrieved 9 August 2021.
  116. ↑ "Estado colombiano concede la nacionalidad a niños nacidos en Colombia, hijos de migrantes venezolanos, para proteger sus derechos". 5 August 2019. Archived from the original on 10 August 2021. Retrieved 9 August 2021.
  117. ↑ Uruguay: Whether a person who obtained Uruguayan citizenship because her father was a citizen of Uruguay, can bring a dependent child to Uruguay; the status of the child in Uruguay Archived 1 January 2018 at the Wayback Machine, Immigration and Refugee Board of Canada (9 September 2010): "With respect to natural citizens, Uruguay's Constitution states: '[a]ll men and women born at any place within the territory of the Republic are natural citizens. Children of Uruguayan fathers or mothers are also natural citizens, wherever they may have been born, provided that they take up residence in the country and register themselves in the Civil Register.' (Uruguay 1996, Art. 74)"
  118. ↑ Constitution of Venezuela (English translation) Chapter II, Nationality and Citizenship, Section One: Nationality, Article 32 Archived 26 February 2017 at the Wayback Machine: "Are Venezuelans* by birth: (1) Any person who was born within the territory of the Republic."