Bhubaneswar: Effecting his poll vow, Donald Trump as 47th President of USA Monday signed an Executive order ending the “Birthright Citizenship” in USA.
Here is the excerpts of White House Release, which shows President Trump has not gone against the Constitution of USA.
A look at the above brings to the following conclusions.
- 14th amendment 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.
- Subject to Jurisdiction thereof meaning: the non-citizen must owe full allegiance to the United States and to no other country - s/he should not hold citizenship of any other country
- As per Trump administration interpretation: The Fourteenth Amendment has always excluded from ‘birthright citizenship’ persons who were born in the United States but not “subject to the jurisdiction thereof.”
- It explains that who are not “subject to the jurisdiction thereof”
- When that person’s mother was unlawfully present in the United States and the father was not a United States citizen or lawful permanent resident at the time of said person’s birth, or
- When that person’s mother’s presence in the United States at the time of said person’s birth was lawful but temporary (such as, but not limited to, visiting the United States under the auspices of the Visa Waiver Program or visiting on a student, work, or tourist visa)
- And the father was not a United States citizen or lawful permanent resident at the time of said person’s birth.
DONALD TRUMP EO AND INDIAN AMERICANS
AS per Pew Research, here is the full picture of Immigrants in USA
A glance at the above data shows, as per 2022 US Census, the count of Indian Americans in the USA has been 4.8million
And the same US Census Bureau 2022 has stated the following.
- Around 66% of the total Indian American population are immigrants or over 2.8mn
- 34% are US born
The ending of Birth Right Citizenship and Trump administration’s interpretation as given in the Executive Order (EO) indicate that it will affect 66% Indian immigrants in USA.
The Trump Administration has clearly stated that children born during the parent’s stay under visa progamme will not be granted US Citizenship.
Will a whopping 66% of Indian Americans lose their US citizenship?
Though the Trump Order is not retrospective, prospective, it appears so.
FULL INDIAN IMPACT
A total of around 3.75 lakh Indians have been identified as unauthorised immigrants (see the table below) and they may face deportation.
WILL TRUMP’S EO TAKE AWAY CITIZENSHIP?
Here is what US Supreme Court had said once:
- In United States v. Wong Kim Ark: the Supreme Court confirmed that children born in the United States of noncitizen parents are citizens under the Fourteenth Amendment’s Citizenship Clause. 169 U.S. 649 (1898).
- The EO has already been challenged in courts
- A law suit signed by attorneys of 18 Democrat ruled states filed
- 4 additional states asked the Federal court to stay the EO of President Trump
TRUMP AXE TO FALL ON HOW MANY?
As per the Lawsuit filed, it has highlighted the following.
- Approximately 1.5 lakh children are born each year to two parents who are non citizens
- It argued, if US citizenship not granted then the new born could lose access to healthcare, foster care
- It will impact children and students with disabilities.
- They all be deported, resulting all of them stateless.
