GS Paper – II: Effect of Policies & Politics of Countries on India’s Interests, Indian Diaspora |
Why in News?
US Birthright Citizenship: A federal judge in Washington, John Coughenour, temporarily blocked President Donald Trump’s executive order that sought to end birthright citizenship. The judge stated that the order was “clearly unconstitutional.”
Introduction of US Birthright Citizenship
Birthright citizenship is a legal concept that guarantees citizenship to individuals based on their place of birth. It ensures that all individuals born within the country have the same rights and privileges, regardless of their parents’ nationality or immigration status.
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- In the United States, birthright citizenship is primarily governed by the Fourteenth Amendment to the Constitution.
- It is a significant aspect of American immigration law. This legal principle is rooted in the Latin term jus soli, which translates to “right of the soil,” meaning that anyone born on U.S. territory automatically acquires U.S. citizenship, with few exceptions.
- Fourteenth Amendment: The principle of birthright citizenship in the United States finds its foundation in the Fourteenth Amendment, which was ratified in 1868 after the Civil War. The Citizenship Clause of this amendment guarantees that anyone born on U.S. soil, regardless of the nationality of their parents, is a citizen of the United States. The only exceptions to this rule are children born to foreign diplomats or foreign officials, who are not subject to U.S. jurisdiction.
- Forms of Birthright Citizenship: The United States follows a combination of jus soli (birthright citizenship) and jus sanguinis (citizenship through descent).
- Jus Soli (Right of the Soil): Under jus soli, any individual born on U.S. soil, except for children of foreign diplomats or enemy forces during wartime, automatically acquires U.S. citizenship. This principle is a cornerstone of the U.S. immigration system.
- Jus Sanguinis (Right of Blood): Under jus sanguinis, a child born abroad to at least one U.S. citizen parent can acquire U.S. citizenship, even if they were not born on U.S. soil. This system is more restrictive than jus soli and typically requires that the U.S. citizen parent meet certain residency requirements before the child’s birth.
- Importance: Birthright citizenship plays a vital role in the American identity. It promotes the integration of immigrant communities. This principle has significant economic and political benefits. Children born in the U.S. to immigrant parents are more likely to contribute to the country’s economic growth and participate in social and political life. It strengthens the social fabric of the nation by promoting diversity and inclusivity.
Evolution of Birthright Citizenship in the United States
- Early Foundations: Birthright citizenship in the U.S. finds its roots in the common law principle of jus soli, where anyone born within the nation’s boundaries was granted citizenship. This idea influenced colonial America and early legal frameworks. The U.S Constitution ratified in 1789 but did not define citizenship.
- The Naturalization Act of 1790: The first formal law on citizenship, the Naturalization Act of 1790, granted citizenship only to “free white persons” of good character, a reflection of the racial views at the time. The status of those born in the U.S. but outside the social elite remained unresolved.
- The Dred Scott Case (1857): The U.S. Supreme Court’s decision in Dred Scott v. Sandford denied citizenship to African Americans, highlighting the lack of clear legal protection for birthright citizenship, especially for marginalized groups. This case prompted calls for constitutional change.
- The Fourteenth Amendment (1868): After the Civil War, the Fourteenth Amendment, ratified in 1868, which resolved the citizenship dilemma by stating that anyone born on U.S. soil, except for children of diplomats or enemies, automatically became a U.S. citizen. This enshrined jus soli in U.S. law.
- Legal Clarifications and Modern Issues: In the late 19th century, the Wong Kim Ark case (1898) reaffirmed that children born in the U.S. to immigrant parents are citizens. Birthright citizenship continues to be debated in modern politics, with some proposing reforms or limits to this longstanding principle.
Comparative Analysis of Citizenship: U.S. vs. India
- Concept of Birthright Citizenship
- United States: The U.S. follows the principle of jus soli (right of the soil), meaning that anyone born on U.S. soil automatically acquires U.S. The 14th Amendment of the U.S. Constitution guarantees birthright citizenship.
- India: India does not follow jus soli. Birthright citizenship is restricted to individuals born in India under specific conditions. According to the Citizenship Act of 1955 (amended in 2003). Those who were born in India on or after January 26, 1950, citizenship by birth is granted, citizen by birth if both parents are Indian citizens or one is an Indian citizen, and the other is not an illegal migrant.
- Naturalization and Registration
- United States: The U.S. grants citizenship through naturalization for foreign nationals who meet residency, language, and moral character requirements. There are no specific provisions for registration of foreigners as citizens.
- India: India offers citizenship through naturalization and registration under various conditions, such as long-term residence in India (7 years) or Indian origin. Specific categories, like marriage to an Indian citizen or being a minor child of an Indian citizen, are also eligible for registration.
Why Trump Wants to End Birthright Citizenship
Donald Trump, the 45th President of the United States, advocated for ending or limiting birthright citizenship during his presidency and has continued to express support for such a change post-presidency. His stance is based on several key arguments relating to national security, immigration reform, and economic impact.
- Anchor Babies: Trump and many of his supporters argue that birthright citizenship encourages “birth tourism” or the practice of foreign nationals, particularly from countries with lax immigration policies. These children, often referred to as “anchor babies,” can allegedly create a path for the parents to stay in the U.S. or bring extended family members through chain migration. The U.S. Department of Homeland Security estimated that there were approximately 11.05 million unauthorized immigrants in the United States in 2019.
- Security Risks: Trump has suggested that birthright citizenship could allow foreign adversaries to manipulate U.S. immigration laws by sending pregnant women to the U.S. to give birth. This could pose a national security risk, especially if the children or their parents have ties to hostile foreign nations.
- Changing Demographics: Trump has expressed concern about the demographic shifts in the U.S. He has argued that the rise in the number of children born to non-citizens could change the cultural makeup of the nation and dilute the concept of American citizenship.
Impact of U.S. Birthright Citizenship on India
The potential revocation of birthright citizenship in the U.S., particularly for children born to non-citizen parents, could have far-reaching effects on Indian communities and their aspirations.
- Impact on H-1B Visa Holders and Green Card Applicants: As of 2023, over 1 million Indian immigrants were waiting for Green Cards. A 2022 Cato Institute study estimated that the average Indian applicant could wait up to 84 years for a Green Card due to the current backlog. Indian professionals on H-1B visas wait years or decades for Green Cards due to per-country caps on employment-based immigration. Revoking birthright citizenship would mean their children might lose automatic citizenship.
- Impact on Indian Students in the U.S.: In 2024, Indian students accounted for over 331,602 international students in the U.S. These Indian students are pursuing higher education in the U.S. and having children during their study tenure, this birthright citizenship removal may struggle to secure citizenship for their children.
- Impact on Economic Remittances: Children born to Indian parents under the U.S. birthright citizenship law often return to India for early education, later moving back to the U.S. for higher studies or work. These individuals contribute to India’s economy by sending remittances back to their families. In 2024, India received $129.1 billion in remittances, with a notable share from the Indian diaspora in the U.S.
Legal Challenges to Alter Birthright Citizenship
- Requirement for a Constitutional Amendment: To eliminate birthright citizenship would necessitate a constitutional amendment, which is a highly rigorous process. This requires a two-thirds majority vote in both the House of Representatives and the Senate, followed by ratification from three-fourths (38 out of 50) of U.S. states.
- Role of Republican Majority: During Trump’s tenure, the Republican Party held a majority in both chambers of Congress. However, achieving a two-thirds majority requires bipartisan support, which remains challenging due to the divisive nature of the birthright citizenship debate.
- Judicial Scrutiny and Precedents: Any legislative attempt to end birthright citizenship would face immediate judicial scrutiny. The U.S. Supreme Court has upheld the principle of jus soli (citizenship by birthplace) in landmark cases such as United States v. Wong Kim Ark (1898). Overturning this precedent would involve extensive legal battles, with courts interpreting the original intent and scope of the Fourteenth Amendment.
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