US District Judge on Thursday blocked Donald Trump’s executive order revoking birthright citizenship. “This is blatantly unconstitutional order,” Judge John Coughenour told a lawyer with the US Justice Department defending Trump’s order. Trump however plans to “appeal it”. What exactly is the controversy and how will it impact Indians?
14th Amendment Of The US Constitution
On January 20, following the inaugural ceremony, 47th US President Donald Trump signed a series of executive orders, including restricting automatic birthright citizenship. This order specifically focuses on the 14th Amendment which states: “All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside.”
This means that anyone born in the US is considered a citizen at birth.
However, Trump’s executive order interprets this amendment differently. It states that the “privilege of United States citizenship does not automatically extend to persons born in the United States.”
Children born to undocumented parents are not entitled to automatic birthright citizenship, as per the order.
Born In The US But Not A Citizen
As per Trump’s executive order, categories of individuals born in the United States and not subject to citizenship include:
When that person’s mother was unlawfully present in the US and the father was not a US citizen or lawful permanent resident at the time of said person’s birth,
When that person’s mother’s presence in the US at the time of said person’s birth was lawful but temporary and the father was not a US citizen or lawful permanent resident at the time.
Whom Does Trump’s Executive Order Apply To?
This new interpretation of the 14th Amendment shall apply only to persons who are born within the US after 30 days from the date of the order that is after February 19.
Over 1.5 lakh newborn children would be denied citizenship annually if Trump’s order is allowed to stand, according to the Democratic-led states, reported Reuters.
How Does It Affect Indians?
Indian families using birth tourism as a means to obtain US citizenship will be largely impacted by Trump’s order if it comes into effect.
Birth tourism is a practice of travelling to the US or other developed nations to give birth there so that the newborn becomes a citizen of the said country by birth. It is a way for families to seek better educational, career and health opportunities for their children.
According to the Carnegie Endowment for International Peace, 5.2 million people of Indian origin reside in the US. Indian Americans are the second largest immigrant group in the US, it states.
Another report published last year by the Department of Homeland Security estimated some 2.2 lakh unauthorised Indian immigrants resided in the US as of 2022. It is less than half of 4.8 lakh in 2018.
