Washington: US President-elect Donald Trump vowed to eliminate birthright citizenship once he assumes office, aiming to fulfil his promise to restrict immigration and redefine American identity.
In a previous interview, Trump criticised birthright citizenship as “ridiculous” and stated, “We’re going to have to get it changed. We’ll maybe have to go back to the people. But we have to end it.”
However, efforts to abolish this policy, which has been protected by the US Constitution for over 150 years, might face significant legal challenges.
What is Birthright Citizenship?
The 14th Amendment guarantees birthright citizenship, stating, “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.”
Any attempt to revoke this provision would face major legal obstacles due to its deep constitutional roots.
The US adopted birthright citizenship to ensure that the descendants of enslaved people, who were forcibly brought to the country, could attain citizenship. This policy came as a response to the 1857 Dred Scott decision, in which the Supreme Court ruled that no descendant of enslaved people could be considered a US citizen.
The ruling was reversed by the 13th Amendment, which abolished slavery, and the 14th Amendment, which guarantees that anyone born in the US is a citizen and entitled to the protections of the Bill of Rights.
Send Them All Back’: Trump Labels Birthright Citizenship ‘Birth Tourism’
Throughout his presidential campaign, Trump emphasized his desire to reduce immigration. He and his supporters argued that birthright citizenship encourages “birth tourism,” where pregnant women travel to the US to give birth, ensuring their child gains citizenship before returning to their home country.
Meanwhile, Eric Ruark, director of research for NumbersUSA, which also advocates for reducing immigration in the US as quoted by AP said, “Simply crossing the border and having a child should not entitle anyone to citizenship.”
‘If Birthright Citizenship Were Eliminated, Then…”: American Immigration Council
A 2011 factsheet by the American Immigration Council warned that ending birthright citizenship would have wide-reaching consequences, making it more difficult for Americans to prove the citizenship of their children.
“Currently, birth certificates serve as proof of citizenship. If birthright citizenship were abolished, US citizens would no longer be able to use their birth certificates to verify citizenship,” the factsheet said.
How Will It Impact Indians in the US?
According to Pew Research’s 2022 Census analysis, nearly 4.8 million Indian Americans reside in the US, with 1.6 million of them being born in the US.
If Donald Trump were to succeed in eliminating birthright citizenship, this would directly affect the 1.6 million Indian-Americans born in the US.
(Inputs from agencies)
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