The United States is an outlier among wealthy, developed nations in that it has almost no restrictions on birthright citizenship, also known as jus soli (“right of the soil”) citizenship. Under the current interpretation of U.S. law, any child born on American soil—even if both parents are illegal immigrants—is granted citizenship. According to legal precedent, only the children of diplomats and other similar foreign officials are explicitly excluded. President Donald J. Trump has issued an executive order to end the practice, but this is subject to a legal challenge.
While Canada also allows unrestricted birthright citizenship, the practice is far less common in Europe and Asia. In fact, not a single European state allows for unrestricted birthright citizenship—with most requiring either one parent to be a citizen or legal permanent resident and, in some cases, mandating that at least one of the parents reside in the country for a set period.
Historically, Europe experienced significant migration waves, particularly post-World War II and during the following economic reconstruction period. This led to spontaneous, often unregulated, immigration. European countries initially expected migrants to return home after their labor was no longer required, but regulations evolved over time. By the 1970s, amid economic challenges, restrictions became more common, altering naturalization policies. Notably, the United Kingdom shifted from a jus soli to a more jus sanguinis (“right of blood”) citizenship norm, requiring parental citizenship to obtain British nationality. As of 2004—when Ireland abolished its expansive jus soli laws—Europe ceased offering unrestricted birthright citizenship entirely.
Meanwhile, Australia and New Zealand have followed similar paths, with Australia abolishing jus soli citizenship in 1986 and New Zealand following in 2006. In Asia, birthright citizenship is extremely rare, with most countries imposing strict conditions to attain citizenship.
