one expert has argued, “Jus soli provisions—or their implementation in state practice— often leave gaps that create or maintain statelessness situations at birth.”36 This report explores some of those gaps. The Politics of Citizenship Citizenship laws reflect historical narratives of belonging37 as well as political and social pressures. They are a “patchwork of historical accretions influenced by different legal traditions, colonial experience, local social and political circumstances, levels of immigration pressure and international conventions.”38 Of course, all laws are shaped by historical, political, and social forces, but this is particularly with regard to nationality laws, where the nexus between law and identity—however defined and contested—is acutely pronounced. This study seeks to trace these historical and contextual factors in considering the operation of citizenship laws in practice. In particular, this report examines in depth the specific structural problems that impede the realization of children’s right to nationality from birth in Brazil, Chile, and Colombia, where jus soli norms confer to the right to nationality. Even in countries with unrestricted jus soli legal provisions, there are barriers to ensuring that every child secures nationality at birth. Laws are only as good as their implementation. At a practical level, one common barrier is restrictive or limited access to birth registration.39 In addition, legal gaps can lead to improper implementation of nationality laws.40 While the lack of birth registration or documentation of identity does not equate to a person being stateless, it does heighten the risk of statelessness. In fact, combined with forced displacement (common in Colombia), irregular migration (which occurs across the Americas), or discrimination against ethnic and indigenous groups (regrettably common in the region), lack of birth registration or documentation of identity makes statelessness more likely.41 In short, even facially generous jus soli provisions do not guarantee a nationality to everyone in practice.42 This report identifies and analyzes the root causes and solutions to these systemic flaws, with the aim of contributing to concrete solutions that will make the right to nationality a reality for all within the region. BORN IN THE AMERICAS 27