A Comparative Analysis of How the Framing of the Jus Soli Doctrine Affects Immigrant Inclusion into a National Identity

Temple Political and Civil Rights Review, Volume 21, Number 2, Spring 2012

22 Pages Posted: 31 Jul 2011 Last revised: 25 Sep 2012

See all articles by Richard T. Middleton IV

Richard T. Middleton IV

University of Missouri at Saint Louis; Saint Louis University - School of Law

Sheridan Wigginton

California Lutheran University - Department of Languages and Cultures

Date Written: January 1, 2012

Abstract

The migration of immigrant populations continues to be a pressing legal, social, and political issue. In this paper, I expand upon my previous findings on how the operation of the doctrine jus soli affects immigrant minority inclusion into a national identity by situating the country of Chile into the analysis of the United States and the Dominican Republic. The constitution of Chile, as with the Dominican Republic, provides for birthright citizenship to any person except those born to individuals “that are of transit” in the country. However, the Chilean constitution allows for the person to opt for Chilean nationality. Thus, although the Chilean constitution limits the scope of the jus soli principle in a manner that has the potential to exclude immigrant minorities from Chilean national identity, it’s limiting clause is qualified in such a manner to provide for a window of opportunity for immigrant minorities to be included in Chilean nationality.

Suggested Citation

Middleton IV, Richard T. and Wigginton, Sheridan, A Comparative Analysis of How the Framing of the Jus Soli Doctrine Affects Immigrant Inclusion into a National Identity (January 1, 2012). Temple Political and Civil Rights Review, Volume 21, Number 2, Spring 2012, Available at SSRN: https://ssrn.com/abstract=1898850

Richard T. Middleton IV (Contact Author)

University of Missouri at Saint Louis ( email )

One University Blvd
347 SSB
St Louis, MO 63121
United States
314-516-5521 (Phone)

Saint Louis University - School of Law ( email )

100 North Tucker Blvd
St. Louis, MO 63101
United States

Sheridan Wigginton

California Lutheran University - Department of Languages and Cultures ( email )

CA
United States

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