The Future of Birthright Citizenship: Challenges and Controversies
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- February 14, 2025
The Future of Birthright Citizenship: Challenges and Controversies
Birthright citizenship is a law in many countries that grants citizenship to anyone born within their borders, regardless of their parents’ nationality. This principle, known as jus soli (right of the soil), is followed by countries like the United States, Canada, and Brazil. However, it is a topic of heated debate worldwide.
According to a Migration Policy Institute report, removing birthright citizenship in the U.S. could increase the number of stateless people by over 5 million in four decades. This debate is not limited to the U.S., countries in Europe and Asia have also re-examined their birthright citizenship policies.
In this blog, we will talk about birthright citizenship from a global perspective and what the future looks like.
The Global Perspective on Birthright Citizenship
Every country has its own way of deciding who gets citizenship at birth. Some give it automatically, while others have certain conditions. Here is how a few different countries handle it:
- United States: If you’re born in the U.S., you are automatically a citizen, no matter where your parents are from.
- Canada: Just like the U.S., anyone born in Canada gets citizenship right away.
- Germany: Being born in Germany doesn’t guarantee citizenship. At least one parent must be a legal resident.
- India: Before 2004, anyone born in India was a citizen. Now, at least one parent must already be an Indian citizen.
- France: It’s not automatic. A child can get citizenship under certain conditions, as for example when the parents have lived in France for a long time.
- Italy: Unlike the U.S. or Canada, if you are born in Italy you are not automatically an Italian citizen. At least one parent must be an Italian citizen in order to transfer Italian citizenship to his/her child/ren. This is called jus sanguinis – law of blood.
Arguments For and Against Birthright Citizenship
The debate over birthright citizenship is complex, with strong arguments on both sides.
Arguments in Favor
- Ensures Equality: Every child born in a country gets equal rights and opportunities.
- Prevents Statelessness: Without birthright citizenship, many children might have no nationality.
- Simple and Clear: It provides a straightforward way to determine citizenship.
Arguments Against
- Birth Tourism Concerns: Some argue that people from different parts of the world travel to countries with ‘jus soli’ just to give birth and gain citizenship for their child.
- Economic Strain: Governments worry that offering citizenship automatically may increase costs for public services.
- Security Concerns: Some believe automatic citizenship could be exploited for illegal activities.
Challenges in Changing Birthright Citizenship Laws
Changing birthright citizenship laws is not easy. In many countries, such changes require constitutional amendments, which can take years. Additionally, legal battles often arise when such policies are challenged in court. For instance, recent attempts in the U.S. to end birthright citizenship faced immediate legal challenges.
Another major issue is how such changes could affect statelessness. If children born in a country do not automatically receive citizenship, they could be left without any nationality, especially when their parents are displaced, making it difficult for them to access education, healthcare, or jobs.
Current Changes in Birthright Citizenship Under Trump
In January 2025, President Donald Trump signed an executive order aiming to end birthright citizenship for certain children born in the U.S. This order targets infants born to parents who are either undocumented immigrants or in the country temporarily.The order has faced legal challenges:
- Legal Actions: Multiple states and organizations have sued, arguing that the order violates the 14th Amendment, which grants citizenship to anyone born in the U.S.
- Court Rulings: Federal judges in Seattle and Maryland have temporarily blocked the order, stating it is likely unconstitutional.
What Does the Future Hold?
As immigration policies keep changing, more countries may rethink their rules on birthright citizenship. Some might make the rules stricter to control immigration, while others may keep or even strengthen them to promote inclusivity.
The real challenge is finding the right balance between ensuring national security and managing economic concerns while still protecting human rights and treating people fairly. Governments need to think carefully about how any change will affect families, children, and society as a whole.
All You Need to Know About The Future of Birthright Citizenship
Birthright citizenship remains a crucial and controversial issue worldwide. While it provides a clear and fair way to grant citizenship, concerns about misuse and economic burden make it a topic of constant debate. Governments must carefully weigh the benefits and challenges before making changes to such policies.
Understanding citizenship laws is essential, whether you are an immigrant, a policymaker, or someone simply interested in legal matters. If you need expert guidance on citizenship and immigration laws, Di Martino Law Group is here to help. Our team of legal professionals can provide the advice and support you need to navigate this complex issue.
FAQs
1. Can a country completely remove birthright citizenship?
Yes, but it’s very difficult. Many countries need to change their constitution, which takes a long time and involves legal challenges.
2. What happens to children if birthright citizenship is removed?
If a country removes birthright citizenship, some children could become stateless, meaning they have no nationality. This can make it hard for them to go to school, get healthcare, or work.
3. Do all countries give citizenship to babies born there?
No. Some countries, like the U.S. and Canada, do. Others, like Germany, France and Italy, have rules where at least one parent must be a citizen or legal resident.