Birthright Citizenship in the U.S.: A Global Comparison “`

U.S. standard certificate of live birth application form next to flag of USA. Birthright citizenship concept.

The 14th Amendment, ratified in 1868, established birthright citizenship in the U.S., granting citizenship to anyone born within the country’s borders.

However, on January 20, 2025, President Trump issued an executive order making birthright citizenship contingent on the parents’ legal status, affecting numerous children born to immigrants each year. This order faced immediate challenges as unconstitutional and is anticipated to be legally blocked before implementation.

The U.S. is among approximately 30 nations upholding unrestricted jus soli (right of soil), automatically granting citizenship regardless of parentage. Trump’s order, effective February 19, mandates at least one parent be a citizen or lawful permanent resident for a U.S.-born child to gain citizenship.

Further stringent immigration measures are being enforced. Critics of the Trump administration argue that the proposed birthright citizenship changes risk deportation, detention, loss of public benefits, and statelessness for affected children.

What does it mean to not have birthright citizenship?

Birthright citizenship isn’t globally standard. While Canada, Mexico, and most Latin American countries have unrestricted birthright citizenship, most countries in Asia, Europe, and Africa impose restrictions, often similar to those proposed by Trump.

Most countries with restricted birthright citizenship require conditions based on at least one parent’s legal residency, the child’s residency, or both. In Australia, for instance, birthright citizenship is granted if a parent is a citizen or permanent resident, or if the child resides in Australia for a decade.

Where jus soli isn’t applied, jus sanguinis (right of blood) prevails. Countries like Singapore and China require at least one parent to be a citizen for their child to obtain citizenship, irrespective of the child’s birthplace. The U.S., along with other jus soli countries, also applies jus sanguinis to children born abroad to American parents.

The geographic concentration of birthright citizenship, particularly in the Western Hemisphere, might be linked to its use as a colonial tool to outnumber native populations, according to sociologist John Skrenty. In the U.S., the 14th Amendment aimed to address the legal status of formerly enslaved people.

Have other countries changed their birthright citizenship laws before?

Several countries, including Pakistan, the Dominican Republic, and Ireland, have recently revised their citizenship laws to restrict or revoke birthright citizenship.

Following a 2022 petition by an Afghan born in Pakistan who was denied citizenship, the Islamabad High Court ruled in the petitioner’s favor. However, Pakistan later enacted legislation requiring either a parent’s citizenship or residency, or a decade of residency for citizenship, potentially impacting many lacking necessary documentation.

The Dominican Republic abolished birthright citizenship in 2013, declaring those born after 1929 without at least one Dominican parent to be illegally in the country. This affected over 200,000 immigrant children, predominantly of Haitian descent.

Ireland ended unrestricted birthright citizenship in 2004 after a referendum. The amendment requires at least one parent to be an Irish or British citizen, permanent resident, or legal temporary resident (excluding students and asylum seekers). This followed a publicized case involving Chinese nationals obtaining U.K. residency through birth in Ireland.

In 2018, a bill to restrict birthright citizenship in Ireland gained traction after a case involving a nine-year-old boy facing deportation. A poll showed strong public support for restoring birthright citizenship, but while the boy’s deportation was prevented, the bill failed, although the Irish Labour Party continues to advocate for change.

—Chad de Guzman contributed reporting.

“`