Those born in America automatically become American citizens.But newly elected President Trump is preparing to end this law.The law of granting citizenship by birth was made through the 14th amendment of the Constitution.
Is US Birthright Citizenship Under Threat? It is people’s dream to acquire American citizenship. There are many benefits of being an American citizen. Like you can vote in state and federal elections and apply for federal jobs. American citizens cannot be deported from the country. But now it seems that in the coming time many Indians will be deprived of these benefits. Generally, people who are born in America automatically become American citizens. But newly elected President Donald Trump is preparing to abolish this law. This will harm millions of Indians who were born in America.
America’s newly elected President Donald Trump is preparing for his return to the White House. The most controversial aspect of his immigration policy is his promise to end birthright citizenship. This long standing law was made through the 14th Amendment of the US Constitution. It has been an important part of American citizenship law for the last 150 years.
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In a recent NBC interview, talking about his deportation plans, Trump said, “I think you have to do it. Even though it’s a very difficult thing to do.” But you have rules, regulations and laws. They have come illegally. “You know, the people who have suffered a lot of injustice are the people who have been standing in line for 10 years to come into the country.”
What is citizenship by birth in America?
In America, there is a law of citizenship by birth, which is also called the right to land (jus soli). This law ensures that anyone born on US soil is automatically a US citizen. Regardless of the immigration status of their parents. This law was created by the 14th Amendment, passed in 1868, which states: “All persons born or naturalized citizens of the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside.” We do.”
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This amendment was designed to overturn the infamous Dred Scott v. Sandford decision in the post-Civil War era, which had denied citizenship to African Americans. Its framers intentionally included broad language so that all persons born on American soil, including children of immigrants, could be recognized as citizens. The legal basis for this interpretation was strengthened by the landmark 1898 Supreme Court case United States v. Wong Kim Ark. In this case, the court had ruled that the children of non-citizen Chinese immigrants in America would be considered citizens under the 14th Amendment.
Why does Trump want to change it?
Trump has consistently demanded the abolition of the citizenship by birth law. He has called it a ‘magnet’ for illegal immigration. In his interview with NBC, he confirmed his intentions, saying, “I don’t want to break up families, so the only way to keep families together is to send them all back.”
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However, constitutional experts believe that a President cannot unilaterally amend or repeal a constitutional amendment through an executive order. Michael LeRoy, a labor and immigration law expert at the University of Illinois, said in an article: “No president has the authority to repeal or amend a constitutional amendment. “While an executive order to this effect is possible, it would be clearly unconstitutional.”
Despite this, Trump aides suggest that his strategy may include stopping the issuance of federal documents such as Social Security cards and passports to children of illegal immigrants. Stephen Miller and Tom Homan are with this step of Trump. But such moves by Trump could provoke significant legal challenges and further polarize the debate.
Is this the first time an attempt is being made to change this?
Efforts to change citizenship by birth are not new. Over the years, questions around the amendment’s phrase ‘subject to its jurisdiction’ have given rise to debate. For example, in 1884, the Supreme Court ruled that Native Americans born on reservations were not citizens because they were subject to tribal jurisdiction, not US jurisdiction. Recently, the people of American Samoa, who are classified as “noncitizen nationals,” sought recognition of citizenship under the 14th Amendment, but were rejected by the courts. These cases highlight the complexities of interpreting the amendment’s language.
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What impact will this have on the American workforce?
Trump’s sweeping immigration agenda includes mass deportations and a halt to both legal and illegal immigration. His plans include deporting illegal immigrants and their US-born children, leading labor experts to warn of dire economic consequences. Deporting millions of people could lead to labor shortages in industries like agriculture, construction and health care. Trump has also put forward the idea of ’cancelling naturalization’. Under current laws, cancellation of naturalization is rare. This applies in cases of treason, fraud, or foreign allegiance.
Is change possible in the 14th Amendment?
Most legal scholars, including conservatives, argue that the provisions of the 14th Amendment cannot be changed without a constitutional amendment. This is a process that requires overwhelming Congressional support and state confirmation. Courts have historically upheld citizenship by birth. Due to which the possibility of significant change is less without judicial reconsideration.
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However, the way Trump’s proposal has received vocal support from Republican leaders like US Senator Tom Cotton and Marsha Blackburn, it is clear that the debate on citizenship by birth is not over yet. If the administration goes ahead with its plans, the issue will definitely reach the Supreme Court. That means once again the Supreme Court can redefine a core law of American identity.
Tags: America News, Citizenship Act, constitutional amendments, President Donald Trump
FIRST PUBLISHED: December 10, 2024, 12:55 IST
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