Note4Students
From UPSC perspective, the following things are important :
Mains level: Citizenship; Indian and US Constitution;
Why in the News?
Recently, U.S. President Donald Trump issued an order stating that, in the future, only children whose parents are U.S. citizens or green card holders will be eligible for U.S. citizenship.
What are the two different principles which govern citizenship laws in various countries?
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What was the system in the U.S.?
- Historically, the United States has operated under the jus soli principle, as established by the 14th Amendment to the Constitution in 1868. This amendment states that “all persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States”. The U.S. Supreme Court reaffirmed this interpretation in 1898, confirming that all children born on U.S. soil are entitled to citizenship regardless of their parents’ immigration status.
- However, President Trump’s recent executive order seeks to alter this long-standing practice by restricting citizenship to children born in the U.S. only if at least one parent is a U.S. citizen or lawful permanent resident (green card holder).
- This order has faced legal challenges, with critics arguing it contradicts constitutional protections established over a century ago.
How are India’s citizenship laws different?
| Aspect | U.S. Citizenship | Indian Citizenship |
| Principle | Jus Soli (by birth) | Jus Sanguinis (by descent) since 1987 |
| Law | 14th Amendment (1868) | Citizenship Act, 1955 (Amended in 1987, 2004, and 2019) |
| Recent Changes | Attempt to limit birthright citizenship (stayed by court) | Citizenship Amendment Act (CAA), 2019 grants selective citizenship |
| Religious Criteria | No religious discrimination | CAA 2019 excludes Muslims from fast-track citizenship |
What would be the impact on India?
- The executive order creates uncertainty for many families within the Indian-American community, especially those on temporary visas such as H-1B. Children born in the U.S. to these parents have traditionally been granted citizenship automatically.
- This change could potentially affect thousands of Indian families who may now face challenges regarding their children’s citizenship status if they are born in the U.S.
What are the challenges for the executive order of the president?
- Legal Challenges: A coalition of four states—Washington, Arizona, Illinois, and Oregon—has filed a lawsuit seeking to temporarily suspend the executive order while the court examines its legality.
- This request is part of a broader legal challenge involving 18 Democratic-led states and various civil rights organizations, including the ACLU, which argue that the order violates the 14th Amendment of the U.S. Constitution that guarantees citizenship to anyone born on U.S. soil.
- Judicial Response: A federal judge in Seattle has already issued a temporary restraining order against Trump’s executive order, labelling it “blatantly unconstitutional.”
Way forward:
- Judicial Review & Constitutional Adherence: The U.S. judiciary should ensure that any changes to citizenship laws align with the 14th Amendment and established Supreme Court precedents, preventing unconstitutional restrictions on birthright citizenship.
- Policy Reforms & Legislative Clarity: Instead of executive orders, any significant change to citizenship laws should go through Congress with bipartisan consultation, ensuring legal stability and safeguarding the rights of affected families.
PYQ:
[2021] With reference to India, consider the following statements :
- There is only one citizenship and one domicile.
- A citizen by birth only can become the Head of State.
- A foreigner once granted the citizenship cannot be deprived of it under any circumstances.
Which of the statements given above is/are correct?
(a) 1 only
(b) 2 only
(c) 1 and 3 only
(d) 2 and 3 only
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