CITIZENSHIP IN USA& INDIA: POLITY
NEWS: What citizenship laws do countries follow?
WHAT’S IN THE NEWS?
Donald Trump’s executive order seeks to restrict
birthright citizenship in the U.S. by requiring at least one parent to be a
citizen or legal resident, challenging the long-standing interpretation of the
14th Amendment. The order faces legal challenges, impacting immigrant
communities, including Indians, and questioning the principle of jus soli
(citizenship by birth).
1. Background of Birthright Citizenship in the
U.S.
- The 14th
Amendment (1866) grants automatic citizenship to individuals born in
the U.S., ensuring equal rights, particularly for formerly enslaved
people.
- Introduced
after the Civil War, it overturned the 1857 Dred Scott v.
Sandford ruling, which denied citizenship to Black people.
- The 1898
Wong Kim Ark case reaffirmed jus soli, granting citizenship to
U.S.-born children of non-citizens.
2. Trump’s Executive Order on Birthright
Citizenship
- The
order seeks to deny automatic citizenship to children born to
undocumented immigrants and temporary visa holders.
- Instead,
at least one parent must be a U.S. citizen or a legal permanent
resident.
- This
move is framed as an effort to curb birth tourism and illegal
immigration.
3. Legal Challenges and Opposition
- The
order is challenged in over 20 U.S. states and has been temporarily
blocked by a federal judge.
- Critics
argue it violates the 14th Amendment and defies Supreme Court
precedent.
- Proponents
claim it prevents misuse of U.S. citizenship laws.
4. Citizenship Laws in Other Countries
- Jus
Soli (Right of Soil): Grants citizenship based
on birthplace, followed by the U.S., Canada, and 35 other nations (mostly
in the Americas).
- Jus
Sanguinis (Right of Blood): Citizenship is inherited
from parents, as practiced in countries like Germany, Japan, and China.
- India’s
Shift from Jus Soli to Jus Sanguinis:
- Before
1987: Any person born in India was a citizen (jus soli).
- 1987
& 2003 Amendments: Introduced parental
citizenship requirements to curb illegal immigration.
5. Impact on Indian Immigrants in the U.S.
- 2.8
million Indian-born immigrants reside in the U.S., the
second-largest group after Mexicans.
- Over
7,25,000 undocumented Indian immigrants face uncertainty due to
stricter policies.
- H1B
Visa Holders (Majority Indians): Over 70% of these
work visas are issued to Indians, potentially affecting their future
paths to residency.
- Student
Visa Holders (330,000+ Indians): Many aim for permanent
residency, which could now be harder.
- Reports
indicate some pregnant Indian women on temporary visas are seeking
premature delivery to secure citizenship for their newborns before the
order takes effect.
Source: https://www.thehindu.com/news/national/what-citizenship-laws-do-countries-follow/article69168765.ece