Jus soli practices as response to irregular migration in Latin America and the Caribbean (LAC) from 2013 to 2024.
Abstract
In efforts to reduce the number of stateless children born in Latin America and the Caribbean (LAC), countries in the region have adopted policies to grant the children of irregular migrants with a nationality. As the international community seeks to fulfill the 2024 goal set by the UN High Commissioner for Refugees to eliminate statelessness, countries have had to adapt their policies of granting nationality. Nationality is considered a human right per the 1948 UN Declaration of Human Rights because it is what allows people to access education, medical services, allows for the freedom of movement, among other rights. This study seeks to highlight how the practice of granting jus soli- granting nationality at birth based on the territory a person is born in- to the children of irregular migrants in the LAC region has helped reduce statelessness at birth in the region. According to the United Nations Development Programme, migration within the LAC region increased by 83.2% between 2010 and 2020, which has led to an unprecedented influx of irregular migrants in the region. In response to this, LAC countries have changed how they grant nationality to those who are born within their territory. In efforts to combat statelessness, Chile and Colombia have adopted policies of jus soli that seek to reduce the number of children born statelessness by granting the children of irregular migrants with nationality. In contrast, the Dominican Republic stopped granting jus soli to children of irregular migrants in 2014, resulting in an increased number of stateless individuals. While these countries have faced large numbers of irregular immigrants since the UN High Commissioner for Refugees called for an end to statelessness by 2024 in 2013; they have adopted differing policies in handling the nationality of children born to irregular migrants within their territory have affected statelessness in the region.
Keywords
Latin America, Identity, Statelessness, Jus Soli, Human Rights, Immigration
Jus soli practices as response to irregular migration in Latin America and the Caribbean (LAC) from 2013 to 2024.
CASB 108
In efforts to reduce the number of stateless children born in Latin America and the Caribbean (LAC), countries in the region have adopted policies to grant the children of irregular migrants with a nationality. As the international community seeks to fulfill the 2024 goal set by the UN High Commissioner for Refugees to eliminate statelessness, countries have had to adapt their policies of granting nationality. Nationality is considered a human right per the 1948 UN Declaration of Human Rights because it is what allows people to access education, medical services, allows for the freedom of movement, among other rights. This study seeks to highlight how the practice of granting jus soli- granting nationality at birth based on the territory a person is born in- to the children of irregular migrants in the LAC region has helped reduce statelessness at birth in the region. According to the United Nations Development Programme, migration within the LAC region increased by 83.2% between 2010 and 2020, which has led to an unprecedented influx of irregular migrants in the region. In response to this, LAC countries have changed how they grant nationality to those who are born within their territory. In efforts to combat statelessness, Chile and Colombia have adopted policies of jus soli that seek to reduce the number of children born statelessness by granting the children of irregular migrants with nationality. In contrast, the Dominican Republic stopped granting jus soli to children of irregular migrants in 2014, resulting in an increased number of stateless individuals. While these countries have faced large numbers of irregular immigrants since the UN High Commissioner for Refugees called for an end to statelessness by 2024 in 2013; they have adopted differing policies in handling the nationality of children born to irregular migrants within their territory have affected statelessness in the region.