What is America's Birthright policy, how different is it from the old policy, and will it affect India too?

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After coming to power in America, Donald Trump has signed several orders on the very first day. Trump has signed an executive order to change America's Birthright policy. Due to this order, now all the children born in America will not be considered citizens of the country. However, while Trump has taken steps in this direction as soon as he took power, he has always been against the country's Birthright policy and he had already promised to change it.

Before understanding the Birthright policy in depth, it is important to know broadly that according to the US Constitution, children born in the country are considered citizens of the country and are given birthright citizenship. No matter which country their parents are citizens of, if the child is born in America, he becomes an American, but now after this step of Trump, things may change. Let us understand one by one what is America's Birthright policy. Which order did Trump sign, what changes will come, and what will be its impact on the people of India?

Trump took action regarding birthright.

Donald Trump signed this order on January 20. This order talks about changing the birthright policy in the US Constitution. According to a report by USA Today, a Trump official said during a briefing that the government will not recognize automatic birthright citizenship for children of illegal people born in America.

This executive action is due to Trump's long-standing campaign promise to end birthright citizenship, which Trump has taken action on as soon as he came to power. Earlier also, Trump had criticized the country's Birthright policy, saying that this policy encourages illegal immigration.

What is America's Birthright Policy?

Before knowing what changes Trump has demanded in the Birthright policy, it is important to know what the country's Birthright policy is? According to the 14th amendment of the US Constitution, which was made in 1868, all children born in the country are given birthright citizenship. The purpose of this amendment was to give citizenship and equal rights to people who were formerly enslaved in the country.

According to the Constitution, all children born in the United States become citizens of the United States and of any state in which they are born, subject to its jurisdiction.

This birthright policy covers almost all individuals born in the US, except for the children of foreign diplomats. However, while the Constitution talks about granting birthright citizenship to all children born in the country, now the Trump administration aims to redefine this clause. Trump's order states that children of undocumented immigrants should be excluded from birthright citizenship and they should not be granted birthright citizenship.

Which order did Trump sign?

Trump 2.O has started signing many orders as soon as he took power. The executive order was released on 20 January on the official website of the White House. This order was issued in the name of protecting the meaning and value of American citizenship. (PROTECTING THE MEANING AND VALUE OF AMERICAN CITIZENSHIP)

Trump said in his order, the 14th Amendment has never been interpreted to grant birthright citizenship to everyone born within the United States. The 14th Amendment has always excluded from birthright citizenship those individuals who were born in the United States but "not subject to its jurisdiction." As a result, now every person born in the United States can acquire birthright citizenship only if he is within its jurisdiction.

What changes will come in the Birthright Policy

The official executive order published on the White House website explains what changes the Trump administration wants. In this order, the 14th Amendment's "subject to the jurisdiction" has been interpreted differently. It has also been said that if the child's mother was living in the country illegally and the child's father was not a citizen of the country or a legal permanent resident, then the child is not a direct citizen of the country.

(2) If the mother was legally residing in the country when the child was born, but was temporarily present in the US, then in this case also the child is not entitled to birthright citizenship. The new order will not give US citizenship including passport to those children born in the US after 30 days from now whose both parents are not US citizens. Now children will get birthright citizenship only if one of the parents is a US citizen.

However, the US is not the only country that grants birthright citizenship. A report by the Law Library of Congress shows that more than 30 countries around the world grant citizenship by birth. This includes Canada and Australia.

What will be the impact on India

Indians live in large numbers in America. According to official data from the US Census Bureau, the number of Indian Americans is expected to exceed 5.4 million by 2024, which is 1.47 percent of the US population. According to the 2024 report of the Indian Foreign Ministry, 54 lakh Indians live in America.

If changes are made in granting birthright citizenship, it will have a huge impact on India. This will affect the children of people living in America with H-1B visa, green card and temporary visa. This will cause many problems, including their education. Its direct impact can also be that the population of Indians in America starts decreasing and they start looking for opportunities in countries like Canada and Australia because birthright citizenship is also given in these countries.

Immigration experts based in India say that this will affect thousands of children born to Indian immigrants in the US every year and put families at risk. Along with this, the attraction of Indian families towards the US will also decrease.

People in the country protested against Trump's order

Historically, the U.S. Supreme Court has upheld birthright citizenship, including the landmark case U.S. v. Wong Kim Ark (1898), where the Court ruled that a child born in the United States to non-citizen parents is still a U.S. citizen.

After this order of Trump, advocates of the rights of immigrants in the country have filed a lawsuit against his administration. Also, voices are being raised against this order in the country. In this lawsuit, the Trump administration has been accused of violating the orders of the Constitution, the intention of Congress and the long-standing Supreme Court precedent. Along with this, 22 states have filed a lawsuit to stop Trump's order changing birthright citizenship.