End of Birthright citizenship by Trump - The impact on Indian Americans

✍Surbhi Dinesh Singh Khichi

Donald Trump is all set to assume office in January and still a month to go, has declared to end the Birthright Citizenship on Day 1. The foreign population in the USA accounts to 51.6 million as per the data in February 2024. This is 15.6% of the total population. Out of which, there are 4.8 million Indians living in America. This comes as a bold move from the Trump led Government in order to curb immigration, which will end the long established tradition. The declared proposal has stirred a controversy ever since it was argued by Trump on NBC'S Meet the Press. Trump firmly said, "We are going to end that because it's ridiculous." And it is not prevalent in many countries. Trump believes that there should be some tougher standards for the Americans, for the current policy is encouraging illegal immigration and "birth tourism".

What is the Birthright Citizenship?

The policy of providing Birthright citizenship has been in the U.S constitution since about 150 years imposed through the 14th amendment. It means that anyone born on the soil of the country will by default become an American citizen. This doesn't has to do anything with the immigration status of the parents, whether someone's in the country for travel, stays on a student visa or is residing illegally. The child born is an American lad by nationality. It became officially valid in the year 1868, and 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." It was adopted so that the children of the enslaved people brought to the country can avail citizenship.

The impact on Indian Diaspora -

Upon implementation, the policy will drastically affect immigrants abroad, including Indians. If the new proposal comes to effect, the individuals born there shall have no proof of their citizenship. For the birth certificate is the primary proof of being a U.s citizen. And the Indians to be affected out of these are 1.6 million (born there). Many children will face the outcomes and there would be an administrative burden on the government. The end to Birthright citizenship will make it difficult to live, emigrate and work in the country. The Trump Government has already promised to restrict student visas, restrict H1 - Bs, end student visa extensions among many. Abrogating the Birthright Citizenship will aggravate illegal immigration, creating a self perpetuating class that will be excluded from the complete social membership.

If the Birthright citizenship ends -

There would be legal battles ahead if there is an end to Birthright citizenship. It has been derived from the 14th Amendment of the Constitiution and a leading 19th century case. This means it is well established under the law. And, it is very difficult to amend the U.S constitution. For, it demands a two-third majority in the Congress and an approval of three fourths of the States or a ruling by the apex court that reverses the established law. The public outrage that would be followed is worrying.

Trump still has the chance through administrative means and the executive orders in his hand. However, it will need a firm agenda of the President because he has earlier said plenty things which were not really implemented in the last term. Though, he might try to impose his will if that's what he wants. The crediblity to what he said is been questioned, despite the reignition of the issue.