The U.S. Narrowly Upheld Birthright Citizenship. What ÐÓ°ÉÔ´´ Canada?
Lead image by Denis Trushtin / Pexels
By Allison J. Petrozziello and Megan Gaucher
The that sought to limit birthright citizenship for children based on their parents’ migration status.
This reflects a broader trend where policymakers target migrant women’s reproduction to justify stricter citizenship laws. shows that Canada is not immune to such influences.
What can the U.S. ruling teach Canada about the importance of upholding birthright citizenship?
Global debates
Birthright citizenship via what’s known as allows children born in a country to automatically acquire its citizenship at birth. Trump with birthright citizenship, but — including Canada — currently maintain unrestricted jus soli citizenship provisions.
Birthright citizenship has become a point of debate as some governments adopt more restrictive policies aimed at limiting citizenship for certain migrants. While the latest American attempt failed, successful rollbacks of birthright citizenship in other countries serve as a warning.
At the heart of these debates is — the systemic control or regulation of people’s pro-creative capacities based on their race. The political reasons for restricting citizenship policy are tied directly to anti-immigrant, racist and sexist sentiments that stigmatize migrant women’s reproduction.
This was at play in the , following the Kioa v West case where Tongan parents of an Australian-born child sought to avoid deportation; the , which maligned African women asylum-seekers’ reproduction; , which restricted citizenship for children born to transient migrants; and the , which was rooted in anti-Haitian racism and sexism.
Baseless birth tourism arguments
In the U.S., proponents of restricting birthright citizenship allege that birth tourism is on the rise. Nonetheless, the Supreme Court found
In Canada, similar arguments rely on questionable evidence. In 2025, Conservative MP Michelle Rempel Garner moved an amendment to that would end unrestricted birthright citizenship to children born to non-resident parents.
As she cited an alleged rise in birth tourism, that allowing birthright citizenship to remain in place eroded the integrity of Canada’s immigration system. While narrowly voted down, the amendment marked the latest legislative attempt to end unrestricted Canadian birthright citizenship.
The entry of non-residents who are pregnant into Canada isn’t tracked by the Canada Border Services Agency. Researchers, media and politicians have to claim that birth tourism is an issue that needs attention.
When newborn delivery rates under this code increase, the assumption is that the rate of birth tourism increases. But this data only provides a for quantifying birth tourism because the population captured in this pay code includes any non-resident giving birth.
Reliance on this billing code assumes a , glossing over the overlapping reasons non-resident parents give birth on Canadian soil in the first place. Labelling all non-citizens and permanent residents as “tourists” is inaccurate, serving as a strategy to advance a broader anti-immigration agenda.
In both Canada and the U.S., there are similar high-profile attempts to target migrant women’s reproduction. Republicans claim that birth tourism offers an illegal immigration pathway for those south of the border, while Canadian critics associate birth tourism primarily with .
While political rhetoric about the threat of birth tourism is ongoing, successive Canadian governments have reached similar conclusions: the available data don’t justify a substantive overhaul of Canadian birthright citizenship.
Birth-registration bordering practices
In the lead-up to the U.S. federal challenge to birthright citizenship, states like by refusing to accept Mexicans’ national ID cards and requiring a passport with valid visa. This administrative practice was . But it shows how — the social and legal actions that create boundaries between people — before any legislative changes take hold.
In Canada, the identified similar digital and administrative practices that can block access to a birth certificate for a baby.
In , some hospital administrators withhold birth forms to pressure the uninsured to pay exorbitant fees out of pocket. This illegal practice has been .
Online systems requiring digital authentication can be inaccessible to migrant parents in the midst of securing their own status. Their children are born Canadian citizens, but may lack a birth certificate and health card proving as much. This type of in the health-care system is on the rise, partly in response to panic about birth tourism.
Restricting birthright citizenship would require costly administrative changes to how births are documented. Even .
In Canada, cracking down on birthright citizenship would require shifting federal immigration enforcement to provincial health-care and civil registration authorities — a move that would conflict with their mandate to uphold and fulfil human rights to health and identity.
It’s also worth noting the . Documents submitted as part of the U.S. Supreme Court challenge noted the potential for and — a result at odds with Trump’s policy aims.
Protecting birthright citizenship
While the U.S. Supreme Court justices have preserved birthright citizenship for now, the battle is likely to continue .
Unlike the U.S., birthright citizenship in Canada isn’t protected as a constitutional right. Our research shows that access to birthright citizenship is being undermined for some Canadian children through policy debates, online authentication systems and administrative practice.
This runs counter to longstanding Canadian commitments to , , human and reproductive rights. Making it harder for newborn Canadians to be recognized as citizens seems counterproductive at a time when the country urgently needs .
Upholding the promise of Canadian birthright citizenship requires more than legal action. It needs leadership with the courage to reverse racist reproductive rhetoric and question false narratives. It needs a policy to prevent and address statelessness. It needs transparent bureaucracies that protect reproductive and citizenship rights together. And most of all, it needs a population committed to keeping a promise too easily broken.
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Megan Gaucher is an associate professor of law and legal studies at ÐÓ°ÉÔ´´ University.
This article is  from The Conversation under a Creative Commons licence. All photos provided by  from various from various sources.
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