The principleof jus soli (“right of the soil”), under which a child acquires the citizenship of the country of birth regardless of the parents’ citizenship, is currently in effect in a limited number of countries. According to the GLOBALCIT research project, in North America, this principle is applied by the United States and Canada.
In Central America, citizenship by birth is granted by Belize, Guatemala, Honduras, Mexico, Nicaragua, Panama, and El Salvador.
In South America, jus soli is in effect in Argentina, Bolivia, Brazil, Venezuela, Guyana, Peru, Uruguay, and Ecuador.
This practice is also widespread in the Caribbean. The list includes Antigua and Barbuda, Barbados, Grenada, Dominica, Cuba, St. Vincent and the Grenadines, St. Kitts and Nevis, St. Lucia, Trinidad and Tobago, and Jamaica.
Outside the Americas, automatic citizenship by birthplace is applied in only a few countries. These include Pakistan in Asia; Benin, Lesotho, Mozambique, and Chad in Africa; and Tuvalu in Oceania.
However, most countries impose restrictions. For example, in many countries, the children of foreign diplomats do not automatically receive citizenship by birth. GLOBALCIT notes, however, that in a number of countries—including Benin, Venezuela, Mexico, Panama, Peru, El Salvador, Uruguay, Chad, and Ecuador—there are no such exceptions.
According to the Associated Press, the latest controversy surrounding jus soli stems from an attempt by U.S. authorities to limit the scope of birthright citizenship. A new executive order signed by Donald Trump on August 6 applies to certain categories of children born on U.S. soil, including the children of foreign diplomats, representatives of foreign governments, and international organizations.
This is already the second attempt to change the current system. Previously, the U.S. Supreme Court rejected an initiative that would have restricted the automatic acquisition of citizenship by children whose parents are not U.S. citizens or permanent residents.
It should be noted that the United States remains one of the few countries where the right to citizenship by birth is enshrined in the Constitution: the basis for this system is the 14th Amendment to the Constitution, adopted in 1868.
