How Citizenship is Acquired in the United States: Key Differences Compared to Other Nations

The recent remarks by President-elect Donald Trump, labeling birthright citizenship as "ridiculous," have sparked a heated debate on social media, particularly among immigrants. These comments have raised questions about how U.S. citizenship is conferred and how it contrasts with other countries. At the heart of this discussion is the jus soli principle, a fundamental aspect of the American system.

Birthright Citizenship: Understanding Jus Soli

In the United States, citizenship is automatically granted to anyone born on U.S. soil, regardless of their parents' nationality or immigration status, as per the U.S. Citizenship and Immigration Services (USCIS). This principle, enshrined in the 14th Amendment, makes the U.S. one of the few countries to offer automatic citizenship by birth within its borders. In contrast, nations like Spain, Germany, and Japan require that at least one parent be a citizen for the child to receive nationality. Meanwhile, countries such as Canada, Brazil, and Argentina share this jus soli approach with the U.S.

Citizenship by Descent: The Jus Sanguinis Approach

Besides jus soli, the U.S. also applies the jus sanguinis principle, allowing citizenship to be passed on to children of American citizens born abroad, according to USCIS. However, there are specific conditions, such as a parent having lived in the U.S. for a certain period before the child's birth. Other countries, including Spain, Italy, and Ireland, have broader rules for citizenship by descent, often granting nationality automatically even if the parents have never resided in the country. Japan and Germany, however, enforce more stringent jus sanguinis policies and limit dual nationality.

Naturalization: A Path for Immigrants

For immigrants aspiring to become U.S. citizens, the naturalization process involves meeting criteria such as holding a Green Card for at least five years, passing English and civic knowledge tests, and demonstrating "good moral character." In comparison, Spain typically requires ten years of residency for naturalization, except for Ibero-American citizens, who can apply after two years. Canada allows naturalization after three years within a five-year period, whereas Germany generally demands a minimum of eight years.

Dual Citizenship: Greater Flexibility in the U.S.

The United States allows dual citizenship, although it requires naturalized citizens to pledge allegiance to the country, as noted by USCIS. Unlike countries such as Germany and Japan, which impose strict limitations on dual nationality, the U.S. does not mandate renouncing original citizenship. Conversely, nations like Spain, Italy, the United Kingdom, and Canada have more lenient policies, permitting multiple citizenships.

The U.S. system for granting citizenship combines principles like jus soli and jus sanguinis with an accessible naturalization process, making it one of the world's most inclusive models. However, recent critiques of jus soli have reignited debates about its future, creating uncertainty among immigrants and highlighting differences between the U.S. and other countries, where citizenship transmission rules are often more restrictive.

Since winning the 2024 presidential election, Donald Trump has ramped up his rhetoric on immigration, igniting a broad discussion about the policies he will implement starting in January. Among his notable declarations, Trump has reiterated his intention to dismantle the humanitarian parole program, a measure introduced by the Biden administration to facilitate legal entry for citizens of Cuba, Venezuela, Haiti, and Nicaragua. He claims these initiatives have been "soft" and have encouraged unwanted immigration, prompting him to prioritize stricter regulations and mass deportations.

The humanitarian parole program has allowed over 530,000 individuals to enter the U.S. legally, but Trump views these mechanisms as an "open door" for exploiting the immigration system. Additionally, he has announced plans to enhance border security policies and expedite deportation processes, targeting migrants in irregular situations and those not meeting asylum criteria.

On the international stage, Trump has initiated strategic dialogues with Latin American leaders, emphasizing migration as a top priority on his agenda. In recent discussions with Mexican President Claudia Sheinbaum and Salvadoran President Nayib Bukele, he stressed the importance of bilateral cooperation to tackle migration-related challenges. However, analysts perceive these interactions as a precursor to more severe unilateral measures at the U.S. southern border.

Another significant aspect of his statements has been the stance on migrants benefiting from programs like CBP One, who, according to Trump, must adhere to strict legal checks to avoid deportation. While Cubans have the Cuban Adjustment Act as a safeguard, other nationalities, such as Haitians and Venezuelans, face a more uncertain outlook.

Trump's rhetoric on immigrants has stirred concerns both domestically and internationally, as significant policy changes loom that could impact hundreds of thousands of individuals.