EXPLAINER
At least 33 countries, mostly in the Americas, provide automatic citizenship to anyone born within their borders.
A second United States federal judge has blocked President Donald Trump’s executive order which aims to end birthright citizenship for children of undocumented immigrants.
“Today, virtually every baby born on US soil is a US citizen upon birth,” said Maryland District Judge Deborah Boardman. “That is the law and tradition of our country. That law and tradition are and will remain the status quo pending the resolution of this case,” she said.
Hours after taking the oath on January 20, Trump falsely claimed that the US is the “only” country with birthright citizenship. “It’s ridiculous. We are the only country in the world that does this with the birthright, as you know, and it’s just absolutely ridiculous,” he stated from the Oval Office.
The action is already on a nationwide temporary hold due to a separate lawsuit, where a Seattle-based federal judge declared the order “blatantly unconstitutional”.
In total, 22 states and several other organisations have filed lawsuits challenging the executive order that aims to redefine the meaning of the 14th Amendment, which guarantees citizenship to people born in the US.
What is birthright citizenship?
Birthright citizenship is a legal principle granting automatic citizenship to anyone born within a country’s borders, regardless of their parents’ nationality or immigration status. It’s granted under the principle of jus soli (right of land).
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The alternative to birthright citizenship is determining citizenship based on the nationality or citizenship of one or both parents. A person born outside the US can be granted citizenship if his/her parents are US citizens under the principle of jus sanguinis (right of blood).
The US also grants citizenships through a naturalisation process, which requires specific legal documents, such as residency, language proficiency and passing a citizenship test.
How long has the US had birthright citizenship?
The United States has upheld birthright citizenship for more than 150 years, ever since the 14th Amendment to the Constitution was ratified in 1868.
“All persons born or naturalised in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside,” it states.
The 14th Amendment was introduced after the Civil War to guarantee citizenship for former slaves and free African Americans.
This clause has been interpreted by legal scholars to mean that anyone born in the US, with a few exceptions such as children of foreign diplomats, automatically becomes a US citizen, regardless of their parents’ nationality or immigration status.
Which countries offer birthright citizenship?
According to the Central Intelligence Agency World Factbook, at least 33 countries, mostly in the Americas, provide automatic citizenship to anyone born within their borders.
Several countries have conditional birthright citizenship such as being eligible for citizenship at the age of 18.
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Countries with unconditional birthright citizenship are highlighted on the map below:
Countries with unconditional birthright citizenship are listed below:
Antigua and Barbuda, Argentina, Barbados, Belize, Bolivia, Brazil, Canada, Chile, Costa Rica, Cuba, Dominica, Ecuador, El Salvador, Gambia, Grenada, Guatemala, Guyana, Honduras, Jamaica, Lesotho, Mexico, Nicaragua, Panama, Paraguay, Peru, Saint Kitts and Nevis, Saint Lucia, Saint Vincent and the Grenadines, Trinidad and Tobago, Tuvalu, United States, Uruguay, Venezuela.
