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"Although, as of 2020, President Trump has not carried out his threat to end unrestricted birthright citizenship, the arguments rage about the legality of such an action, the meaning of the Constitution, and the pros and cons of maintaining the policy of granting citizenship to anyone born in the US. It is an extremely complex issue to resolve"--

This contribution critiques U.S. practices respecting birth citizenship. It first describes the logic of territorial birthright citizenship. The practice makes sense only insofar as place of birth has supplied a proxy for community membership. But many who are born in the United States leave permanently at an early age. It is not clear why they should be able to take their citizenship with them. The paper also critiques the liberalized basis for acquiring citizenship on the basis of parentage. In both cases, birth citizenship creates an increasing disconnect between the formal and organic boundaries of community. This disconnect could be addressed by the adoption of presence requirements beyond birth. Presence requirements would be consistent with liberal values to the extent they would strengthen the solidarities of the liberal state. However, it is unclear that presence gives rise to such solidarities. It is also improbable that presence requirements will be adopted. This both evidences and reinforces the declining salience of citizenship. [Copyright Elsevier Ltd.]

This report considers trends in birthright citizenship in the European Union Member States from 2013 to 2020, taking the laws in force on 1 January 2013 and 1 January 2020. The authors examine birthright citizenship in its two forms: first, through descent from a citizen and second, through birth in the state. ; Research for the 2019/2020 GLOBALCIT Reports has been supported by the European University Institute's Global Governance Programme and the British Academy Research Project CITMODES (co-directed by the EUI and the University of Edinburgh).

Birth-based citizenship is widely considered to be the most secure claim to political belonging. Despite the general belief that liberal democracies are formed through consent, in fact, most people are members of a political community by virtue of the circumstances of their birth. In Canadian Club, Lois Harder tracks the development of Canada's Citizenship Act from its first iteration in 1947 to the provisions governing the citizenship of children born abroad to Canadian parents with the assistance of reproductive technologies. Reviewing a range of cases, Harder reveals how membership in the Canadian political community relies on norms surrounding gender, family, and sexuality, as well as presumptions regarding the constitution of "authentic" national identity, racial hierarchy, and the rightness of settler colonialism. Canadian Club concludes with a consideration of alternative approaches to forming political communities. Ultimately, it asks whether birth-based citizenship is the best we can do and what a more democratic and socially just alternative might look like

Undeserving citizens? -- A history of birthright citizenship -- Diminished citizenship

The common law concept of territorial birthright citizenship is the foundation for the Fourteenth Amendment's Citizenship Clause, which confers citizenship on those born within the United States and "subject" to its "jurisdiction." Likewise territorial underpinnings were the basis for over 375 years of birthright citizenship within the United Kingdom. Contemporary discourse with respect to territorial birthright citizenship, however, has shifted from its common law basis and now focuses on whether citizenship ought to inhere in children born to illegal immigrants. In the United Kingdom, the British Nationality Act of 1981 abandoned territorial birthright citizenship in favor of parentage based citizenship. The United States, however, while adopting the English common law concept of territorial birthright citizenship embodied in the Fourteenth Amendment to the U.S. Constitution, has never definitively articulated its position on children born to illegal immigrants. Social and political controversy over the influx of illegal immigrants has increased activity aimed at altering the doctrine of territorial birthright citizenship. Efforts in the United States to legislatively redefine the Citizenship Clause to exclude children born to illegal immigrants from United States citizenship have failed and are probably unconstitutional should they succeed. This can be contrasted with the restriction of citizenship in those born to illegal immigrants. While the common law basis of the U.K.'s departure from territorial birthright citizenship is exemplified under "Parliamentary Supremacy," legislative alteration of the U.S. common law basis of territorial birthright citizenship may not occur by directly restricting the Fourteenth Amendment. This Note investigates the development of territorial birthright citizenship in the United Kingdom and the Untied States and critiques contemporary efforts in the United States to restrict citizenship of children born to illegal immigrants. This Note concludes that while the legislative ...