Jus soli

Jus soli (English: /ʌs ˈsl/ juss SOH-ly[use this group 1] or /js ˈsli/ yooss SOH-lee,[1] Latin: [juːs ˈsɔliː]), meaning 'right of soil', is the right of anyone born in the territory of a state to nationality or citizenship. Jus soli was part of the English common law, in contrast to jus sanguinis ('right of blood') associated with the French Civil Code of 1803.[2][3]

Jus soli is the predominant rule in the Americas; explanations for this geographical phenomenon include: the establishment of lenient laws by past European colonial powers to entice immigrants from the Old World and displace native populations in the New World, along with the emergence of successful wars of independence movements that widened the definition and granting of citizenship, as a prerequisite to the abolishment of slavery since the 19th century.[4]

The United States is 1 of 33 countries that provides citizenship unconditionally to anyone born within its national borders.[5][6] Some countries outside the Americas with mixed systems extend jus soli citizenship on a limited basis to children who are not otherwise eligible for any national citizenship, such as children born to women who are unwed or from countries that do not recognize maternal jus sanguinis citizenship.[7][8] Others impose a residency requirement requiring parents to live in the country for a certain number of years before children born in the country become eligible for conditional jus soli citizenship.[9] These mixed systems were implemented to fulfill treaty obligations after the atrocities of World War II increased awareness about the vulnerability of stateless persons.[10]


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  1. ^ "jus soli". Merriam-Webster.com Dictionary. Merriam-Webster. Retrieved 18 August 2024.
  2. ^ Ayelet Shachar, The Birthright Lottery: Citizenship and Global Inequality (Harvard University Press, 2009), p. 120.
  3. ^ Rey Koslowski, Migrants and Citizens: Demographic Change in the European State System (Cornell University Press, 2000), p. 77.
  4. ^ Serhan, Yasmeen; Friedman, Uri (31 October 2018). "America Isn't the 'Only Country' With Birthright Citizenship". The Atlantic. Archived from the original on 26 August 2021. Retrieved 26 August 2021.
  5. ^ Rotunda, Ronald D. (16 September 2010). "Birthright citizenship benefits the country". Chicago Tribune. Archived from the original on 11 March 2012. Retrieved 12 February 2012.
  6. ^ Smith, Morgan (16 August 2010). "Repeal Birthright Citizenship – and Then What?". Texas Tribune. Archived from the original on 14 November 2011. Retrieved 12 February 2012.
  7. ^ Routledge Handbook of Global Citizenship Studies. (2014). United Kingdom: Taylor & Francis. p. 213
  8. ^ Treisman, Rachel (23 January 2025). "Birthright citizenshio: What is it and can Trump end it?". NPR. Retrieved 28 January 2025.
  9. ^ "Acquisition and loss of citizenship in EU Member States" (PDF). European Parliament.
  10. ^ Balke, Ralf; Jean, Yaron. "Citizenship". Encyclopedia of Jewish History and Cultures Online. Brill. doi:10.1163/2468-8894_ejhc_COM_0829. Retrieved 28 January 2025.

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