IV. Chile Chilean nationality is granted predominantly by jus soli; in recent years, following the regional trend, jus sanguinis acquisition rules have been expanded. All children born in Chile automatically acquire the country’s nationality unless their parents are foreign diplomats or “in transit” foreigners.144 No law145 defines the “in transit” exception, which is also present in the Dominican Republic.146 The determination of whether a person is in transit and subject to the constitutional exception has been left to the competent government authorities and courts, which have to date defined it on a case-by-case basis.147 The effect of court rulings, even those the Supreme Court issues, are limited to addressing the petitions of specific claimants, and the effects of a positive ruling are limited to those claimants. They lack impact on the broader population denied the right to nationality under the same administrative policies and practices. In a policy shift in 2014, the Department of Foreign and Migration Affairs issued an administrative order stating the “in transit” exception would only encompass the children of tourists and crew members serving on a vessel. Under this new interpretation, undocumented migrants are not considered to be in transit, and accordingly their children born in Chile are considered Chilean.148 However, full realization of jus soli norms requires implementing the policy retroactively throughout Chile. Children of diplomats or parents “in transit” can obtain Chilean nationality by declaration within a year of reaching majority of age149 by demonstrating five years of continuous legal residence.150 Chile is considered to be the one of the strongest democracies in the region,151 exhibiting respect for the rule of law. By recognizing the right to nationality of children of undocumented migrants on a case-by-case basis, domestic courts seem to demonstrate that there are strong legal protections safeguarding the right to nationality.152 BORN IN THE AMERICAS 49