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Is Trump’s order on birthright citizenship constitutional

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Is Trump’s order on birthright citizenship constitutional?

(Source – The Hindu, International Edition – Page No. – 10)

Topic: GS2 – International Relations – Effect of policies and politics of developed countries on India’s interests
Context
  • The U.S. District Judge blocked President Trump’s executive order attempting to limit birthright citizenship, declaring it unconstitutional.

What is Birthright Citizenship?

  • Birthright citizenship grants automatic citizenship to individuals born within a country’s territory, regardless of their parents’ citizenship status.
  • In the U.S., it is based on the 14th Amendment of the Constitution (1868), which states that anyone born in the U.S. is a citizen.
Provisions in US Constitution about Birthright Citizenship:
  • 14th Amendment (1868): Grants birthright citizenship to all individuals born or naturalized in the U.S., subject to its jurisdiction.
  • Clause: “All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States.”
  • Historical Context: The amendment aimed to secure citizenship for formerly enslaved individuals and overturned the Dred Scott decision, promoting racial equality.
  • Jus Soli Principle: The Jus Soli principle grants citizenship based on birthplace, regardless of the parents’ nationality or status.

Trump’s Executive Order

  • Trump’s executive order sought to limit birthright citizenship, excluding children of undocumented immigrants or those with temporary legal status.
  • It argued that children born in the U.S. to non-citizen parents should not automatically get citizenship.

Why the Judge Blocked the Order

  • U.S. District Judge John Coughenour blocked Trump’s executive order, calling it “blatantly unconstitutional.”
  • He expressed disbelief that the order could be deemed constitutional, questioning its legality.

Next Steps

  • Trump could propose a constitutional amendment to change the law.
  • Legal challenges are still ongoing, with the final decision possibly resting with the U.S. Supreme Court.
Impact on India:
  • Influence on Indian Immigrants: If birthright citizenship is restricted in the U.S., it could impact children of Indian immigrants, potentially altering their citizenship status.
  • Increased Scrutiny on Immigrant Policies: India may face heightened scrutiny on its immigrant policies, especially for those with temporary legal status or undocumented status in foreign countries.
  • Impact on Indian Students: Indian students in the U.S. on visas could be concerned about the citizenship of their children born in the U.S.
  • Global Implications: The decision could influence other nations to reconsider their birthright citizenship laws, affecting Indian families abroad.
  • Diplomatic Engagement: India may need to engage diplomatically to protect its citizens’ rights in the U.S. amidst potential policy shifts.
Practice Question:  Critically examine the implications of  US President Trump’s decision to curb birthright citizenship on U.S. immigration policies. Discuss its potential impact on India. (250 Words /15 marks)

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