Birthright Citizenship Around the World: Challenges and Comparisons

President Donald Trump’s executive order aimed to end birthright citizenship in the US, sparking legal battles and anxieties among immigrant families.

The 14th Amendment of the US Constitution, in place for nearly 160 years, ensures that anyone born in the country gains automatic citizenship.

Trum pledged to deny citizenship to children of migrants who are either in the US illegally or on temporary visas as part of his migration crackdown.

Public opinion supports Trump on this measure, according to a poll by Emerson College.

The issue raises questions about citizenship policies globally.

Birthright citizenship, also known as jus soli, is not a universal principle.

The US is one of approximately 30 countries, mostly in the Americas, that automatically grants citizenship to those born within their borders.

In contrast, many countries in Asia, Europe, and parts of Africa follow the jus sanguinis principle, granting citizenship based on parental heritage.

Other nations combine both principles, offering citizenship to children of permanent residents.

Sociology Professor John Skrentny from the University of California, San Diego, notes that while birthright citizenship is prevalent in the Americas, “each nation’s journey is unique”.

The 14th Amendment in the US was implemented to address the legal status of freed slaves after the Civil War.

Skrentny argues that for most nations transitioning from colonies to independent states, birthright citizenship was a strategic move to include masses, foster immigration, and integrate former slaves and indigenous populations.

In recent years, several countries have revised their citizenship laws, tightening restrictions on birthright citizenship.

India, for instance, once provided automatic citizenship to all births within its borders but later imposed restrictions due to illegal immigration, particularly from Bangladesh.

Since December 2004, a child born in India is a citizen only if both parents are Indian, or if one parent is a citizen and the other is not a prohibited migrant.

Many African nations that once adhered to jus soli under colonial rule later abolished it after gaining independence, requiring at least one parent to be a citizen or permanent resident.

In Asian countries like China, Malaysia, and Singapore, citizenship is primarily determined by ancestry.

Europe has seen significant changes as well. Ireland, the last country in the region to allow unrestricted jus soli, abolished it in 2004, after a referendum where 79% of voters approved a constitutional amendment.

The change was prompted by concerns about “birth tourism,” where foreign women travel to Ireland to give birth in order to secure European citizenship for their children.

The Dominican Republic’s constitutional amendment in 2010 redefined citizenship, excluding children of undocumented migrants.

A Supreme Court ruling in 2013 made this change retroactive to 1929, stripping citizenship from tens of thousands, predominantly of Haitian descent.

This ruling faced widespread condemnation from international organizations and the Inter-American Court of Human Rights.

Following public outcry, the Dominican Republic passed a law in 2014 to grant citizenship to some Dominican-born children of immigrants, especially those of Haitian descent.

Skrentny sees these changes as part of a broader global trend. “We are witnessing a shift in the era of mass migration and ease of transportation,” he says, “Driving debates about citizenship, particularly in the US.”