From this perspective, the decision represents:
A move towards more restrictive policies
An implicit recognition of the migratory problem
A change in the Chilean political climate
The measure marks a shift in Chilean migration policy and reinforces the debate about border control and citizenship in the region.
From this perspective, the decision represents:
A move towards more restrictive policies
An implicit recognition of the migratory problem
A change in the Chilean political climate
Chile made significant progress in its citizenship policy by limiting the principle of jus soli, in a measure that directly impacts the children of foreigners in an irregular situation.
As of April 13, 2026, Circular No. 014 of the Civil Registry established that children of illegal immigrants or considered “transiting foreigners” will no longer automatically receive Chilean nationality at birth.
Until now, Chile applied a broad criterion of jus soli, granting practically automatic citizenship to those born in its territory.
With the new provision:
Children of immigrants in an irregular situation do not automatically access nationality
Foreigners without formal residence are also excluded
The criterion of “transient” in migratory matters is redefined
The change seeks to close a mechanism that, according to different sectors, encouraged
illegal immigration.
measure is part of a regional context where several countries began to review their migration policies due to the increase in irregular flows
.In the Chilean case, the new criterion aims to:
Strengthen the control of migratory entry
Avoiding abuses of the citizenship system
Prioritize the institutional order
tightening of citizenship rules aligns with the historical statements of José Antonio Kast, who has insisted on the need to curb illegal immigration and regain State control over its borders
Change
is not without discussion.While some sectors consider it necessary to organize the migration system, others raise concerns about access to basic rights.
However, the Government's focus was on:
Avoiding legal distortions
Ensuring a clearer system
Adapting regulations to current reality
Chile's decision could influence other Latin American countries that face similar challenges
.The debate on automatic citizenship, illegal immigration and national sovereignty is once again gaining centrality on the region's political agenda.
With this modification, Chile marks a turning point:
citizenship ceases to be automatic in all cases and becomes dependent on the legal situation of the
parents.This is a profound change that redefines the link between territory, nationality and migration control, and that reinforces a global trend towards stricter border policies.