TRUMP AND BIRTHRIGHT CITIZENSHIP || JUS SOLI AND JUS SANGUINIS

 

TRUMP AND BIRTHRIGHT CITIZENSHIP

JUS SOLI AND JUS SANGUINIS

SARASIJ MAJUMDER

 

Birthright citizenship is a governmental policy under which any child born within a country's borders or territory is automatically granted citizenship in that country—even if their parents are not citizens. At present, 33 countries in the world (and two territories) have unrestricted birthright citizenship,  which is also known as JUS SOLI, and another 32 nations have some form of restricted birthright citizenship.

In contrast to jus soli, nearly every other country on Earth offers JUS SANGUINIS, which grants citizenship as long as one parent (or sometimes both parents) are citizens. Examples of this include Poland (both parents), Andorra (mother), Bahrain (father) and Iran (father). This is sometimes referred to as establishing citizenship through inheritance rather than residence.

We stop the discussion on above two principle here.  Discuss the ‘TRUMP ORDER’, which may affect many Indians, now settled in USA.

Donald Trump’s executive action on Day one of his second term has gone well beyond denying American citizenship to children born to illegal immigrants.

Even children born to valid H-1B visa holders, or any other temporary visa category (e.g. student visa, any type of work visa) will not be eligible to birthright citizenship. That is, kids born in the US to such parents will not automatically get American citizenship.

Only children born to American citizens and green card holders will get automatic citizenship by birth. That is a very long and arduous process. Most people won’t ever get citizenship or permanent residency.

Unless the American Supreme Court overturns Trump’s execution action, this may be attempted to be converted into a Law. 

However, it violates the 14 Amendment as well as 125 years of US Supreme Court precedents: Read US vs. Wong Kim Ark 1898 judgement.  Mr. Ark won the legal battle.

Citizenship by Birth is a CONSTITUTIONAL RIGHT enshrined in the US Constitution, amendment No.14.

It is eligible to every child LEGALLY born in the USA to citizens who are legally present in the USA and who are under US Jurisdiction (Meaning Diplomats are automatically excluded)

The Language of the Constitution is crystal clear.

USA PRESIDENT alone can’t force this ‘AMENDMENT’ through.

He needs to pass a Constitutional Amendment to get this through and that needs support of

291 Congressmen & 67 Senators, if I am right.

This means 68 Democrats in the House and 23 Democrats in the Senate have to side with all the 223 Republicans in the House and 53 Republicans in the Senate (Plus Mr. JD Vance, the Vice President)

That is Only Step One. Even if he succeeds, Step Two is to get the approval of majority of the legislatures of 2/3 the states which is 34 States!!!

This means at least 5 States fully democratically controlled have to vote in favour of this Amendment.

This Executive Order will also have to survive judicial rulings in various federal courts.

That alone most likely will take 4 years, or more-- and Mr. Trump would be gone by then.

A federal judge, Judge John C Coughenour, Federal District Court, a Conservatist,  on 23/01/2025 put a temporary block on President Donald Trump's attempt to restrict birthright citizenship. The ruling imposes a 14-day halt on the enforcement of one of the most controversial executive orders Trump signed hours after being sworn into office for a second term.

There is more;  the renewal of H-1B visas will be limited. For example, once you spend 6 years in the USA on that visa, you will be forced to return  back to India. It is meant to be a temporary work visa and will be permitted to be used only as such.

WHAT ARE THE IMPLICATIONS?

1. The value of an H-1B VISA just crashed. Indians have been assuming that they can go to the USA on an H-1B visa, stay on forever, get married, have kids, settle with their families permanently. May not be happening any more. Most likely.

2. The value of  American education will get plummeted. Already, getting a job and a visa after completing education in the USA was becoming more and more difficult, and expensive. As such, it is very expensive to attend college in America. If you can’t even permanently settle down there, what is the point in spending (rather investing) the money?

3. The value of a Green Card  Holder will go up in India in Marriage Market. Dowry rates for Indian men with American Green Cards will shoot through the roof !!!

4. Overall, the American dream for Indians may be over. USA may no longer be a future ELDORADO where Indians can migrate for work and then see their kid run for the American Presidency like Vivek Ramaswamy. Most of the kids won’t even be American citizens.

5.The latest report of Pew Research Center has revealed that out of total 11 Million illegal Immigrants in USA as on 2022,  7.25 lakhs are  Indians.  I don’t know what is the basis of their calculation. But even half of it is a very big number, if true.

Immigration policies in many parts of the world are getting tighter and tighter. 

We have one home called India and we better fix it, restore it, and live happily.

REFERENCES:-

1.0  https://www.law.cornell.edu/supremecourt/text/169/649

2.0  All information are available in Public Domain.

3.0  Compilation, and Conclusion/suggestion are by Blogger.

4.0  Images—Google./Collage by Blogger