How is citizenship transmitted in the United States? The key differences compared to other countries

The statements made by the elected president of the United States, Donald Trump, describing birthright citizenship guaranteed by the 14th Amendment as "ridiculous," have sparked intense debate on social media, particularly among emigrants.

These words have raised questions about the methods of obtaining U.S. citizenship and how they differ from those in other countries.

The controversy has brought to the forefront the principle of jus soli (the right of soil), one of the cornerstones of the American system.

Birth in U.S. territory: the jus soli

In the United States, anyone born in its territory automatically acquires citizenship, regardless of their parents' nationality or immigration status, according to the U.S. Citizenship and Immigration Services (USCIS).

This principle, enshrined in the 14th Amendment, has made the country one of the few that automatically grants citizenship by birth on national soil.

In comparison, countries like Spain, Germany, or Japan do not automatically apply jus soli. In these cases, at least one of the parents must be a citizen of the country for the child to obtain nationality.

On the other hand, countries like Canada, Brazil, and Argentina share with the United States the practice of jus soli, granting citizenship to all individuals born on their territory.

Citizenship by descent: jus sanguinis

In addition to jus soli, the United States also applies jus sanguinis (right of blood), which allows the transmission of citizenship to the children of U.S. citizens born abroad, according to USCIS.

However, this process has specific requirements, such as at least one parent having resided in the country for a minimum period before the child's birth.

Other countries, such as Spain, Italy, and Ireland, have broader rules for citizenship transmission by descent, allowing children of citizens to obtain nationality automatically, even if their parents have never resided in the country.

Japan and Germany, on the other hand, apply the jus sanguinis principle more restrictively and limit the possibility of dual citizenship.

Naturalization: A Path for Immigrants

For immigrants wishing to obtain U.S. citizenship, the naturalization process includes requirements such as being a permanent resident (Green Card) for at least five years, passing English and civics exams, and demonstrating "good moral character."

In comparison, countries like Spain require up to ten years of residence for naturalization, except for Ibero-American citizens, who can apply after two years. In Canada, naturalization can be achieved after three years of residence within a five-year period, while in Germany, a minimum of eight years is generally required.

Dual nationality: greater flexibility in the United States

The United States allows dual nationality, although it requires naturalized individuals to take an oath of allegiance to the country, noted USCIS.

However, it does not require renouncing one’s original citizenship, unlike countries such as Germany and Japan, which impose strict restrictions on dual nationality.

On the contrary, Spain, Italy, the United Kingdom, and Canada adopt more flexible policies, allowing for multiple nationalities.

The American system for citizenship transmission combines principles such as jus soli and jus sanguinis with an accessible naturalization process, making it one of the most inclusive models in the world.

However, recent criticisms of jus soli have reignited debates about its future, creating uncertainty among emigrants and highlighting the differences between the United States and other countries, where the rules for the transmission of citizenship tend to be more restrictive.

Since his victory in the 2024 presidential elections, Donald Trump has escalated his rhetoric on immigration, sparking extensive debate about the policies he will implement starting in January.

Among his most notable statements, Trump reiterated his intention to eliminate the humanitarian parole program, an initiative introduced by the Biden administration to facilitate the legal entry of citizens from Cuba, Venezuela, Haiti, and Nicaragua. According to him, these measures 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 people to enter the United States legally, but Trump has indicated that he views these mechanisms as an "open door" for abuse of the immigration system.

Additionally, it has been announced that border security policies will be strengthened and deportation processes will be expedited, which includes migrants in irregular situations and those who do not meet asylum requirements.

On the international front, Trump has also initiated strategic dialogues with leaders from Latin America, emphasizing immigration as a priority on his agenda.

In her recent conversations with the President of Mexico, Claudia Sheinbaum, and the President of El Salvador, Nayib Bukele, she emphasized the importance of bilateral cooperation to address challenges related to migration. However, analysts have viewed these interactions as a prelude to more severe unilateral measures at the southern border of the United States.

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

Trump's rhetoric about immigrants has raised concerns both within and outside the United States, as significant changes in immigration policies are looming that could impact hundreds of thousands of people.

Frequently Asked Questions About Birthright Citizenship and Donald Trump's Immigration Policies