New US President Donald Trump had on January 20 signed an executive order against birthright citizenship; move to impact about 10 lakh Indians
January 22, 2025 - Attorneys General from 22 US States yesterday filed a lawsuit to block newly-appointed US President Donald Trump from ending the decades-old birthright citizenship policy, which guarantees US-born children citizenship regardless of their parents’ immigration status.
These include California, Massachusetts, Colorado, Connecticut, Delaware, Hawaii, Maine, Maryland, Michigan, Minnesota, New Jersey, Nevada, New Mexico, New York, North Carolina, Rhode Island, Vermont and Wisconsin. Arizona, Illinois, Oregon and Washington filed a separate suit in federal court challenging the order. In addition to the States, the District of Columbia and San Francisco, lawsuits have been filed by immigrant rights group, too.
Trump had signed a 700-word executive order on Monday, just hours after being sworn in, to block birthright citizenship thereby fulfilling a campaign promise. Whether he succeeds in ratifying it or not remains to be seen what with a lengthy legal battle looming large.
What is Birthright Citizenship?
Based on the century-old immigration practice, till now everybody born in the US is granted US citizenship regardless of the immigration status of their parents. For instance, children born to parents who are in the country illegally or on a tourist visa may still be regarded as US citizens. This practice has been in existence for decades and is permitted by the Constitution's 14th Amendment.
Ratified in 1868, in the aftermath of the Civil War, the 14th Amendment says: “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.”
The new executive order now denies citizenship to children born in the US if neither parent is a lawful permanent resident of citizen. It also disallows federal agencies to issue documentation of citizenship to these children.
Thirty countries, including US, Canada and Mexico, allow birthright citizenship.
The question of birthright citizenship is settled law, argue Democratic attorneys general and immigrant rights advocates, saying that while Presidents have broad authority, they are not kings.
“The President cannot, with a stroke of a pen, write the 14th Amendment out of existence, period,” said New Jersey Attorney General Matt Platkin.
The White House responded to the lawsuits by calling them “nothing more than an extension of the Left's resistance,” and said it is ready to face the States in Court.
“Radical Leftists can either choose to swim against the tide and reject the overwhelming will of the people, or they can get on board and work with President Trump," White House deputy press secretary Harrison Fields said.
Impact on Indians
According to the latest census, there are more than 54 lakh Indians in the US, making up approximately 1.47% of the American population. Two-thirds of them are immigrants, while 34% are born in the US. If Trump's measure is implemented, children of Indian citizens living in the US on temporary work visas or tourist visas will no longer automatically get US citizenship. It is estimated that this decision will impact about 10 lakh Indians.
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