Legal Definitions - jus soli

Jus soli

Jus soli is a Latin term meaning "right of the soil." It refers to a legal principle where a person's citizenship is determined by their place of birth, regardless of the citizenship or nationality of their parents. This principle is a cornerstone of citizenship law in many countries, including the United States, where it is affirmed by the 14th Amendment to the Constitution.

Here are some examples illustrating how jus soli applies:

• Example 1: Birth to Foreign Visitors

  A couple from Argentina is on a tourist visa, visiting relatives in Miami, Florida. While they are in the United States, the wife unexpectedly goes into labor and gives birth to their child in a local hospital. Under the principle of jus soli, even though both parents are Argentine citizens and only temporarily in the U.S., their newborn child automatically acquires U.S. citizenship because the birth occurred on U.S. soil.

• Example 2: Birth to Undocumented Parents

  A family from another country has entered the United States without authorization and is living in Texas. The mother gives birth to a child in a hospital in San Antonio. Despite the parents' immigration status, their child is considered a U.S. citizen at birth because they were born within the territorial boundaries of the United States, demonstrating the application of jus soli.

• Example 3: Birth on a Commercial Flight in National Airspace

  An international airline flight from Paris to Mexico City is flying over U.S. airspace when a passenger goes into premature labor. The flight crew diverts the plane to the nearest U.S. airport for an emergency landing, and the baby is born shortly after the plane touches down on the runway. Because the birth occurred within U.S. territory (the airport), the child would typically be granted U.S. citizenship under jus soli, irrespective of the parents' nationalities or the airline's origin/destination.