Birth-right citizenship ensures that anyone who is born in the United States of America becomes an American by default. This policy is based on the 14th Amendment and affects children of illegals and kids born to parents with a temporary permit to be in the country. While Trump and critics in general say that people are putting the system to their advantage, equal rights activists assert that it is a constitutional provision.
Donald Trump has said that he will end birthright citizenship in the United States once he enters the presidency on January 20. In an interview at NBC’s Meet the Press, Trump said, “We’re going to end that because it’s ridiculous.”
The proposal focuses on the constitutional policy that allows individuals who are born in America or any of its territories to automatically become US citizens, even if their parents are here on account of their visa status, or otherwise, such as tourists or students. Trump claimed that such a system drives illegal immigration and “birth tourism.” However, according to the legal outlook, much difficulty will be expected in getting rid of such an entrenched measure.
Impact on Indians
Americans of Indian origin could be the most affected if the current shifts in the birthright citizenship laws occur. In an interview with Business Standard, Russell A. Stamets, who is a Partner at Circle of Counsels, explained the potential consequences of such actions –
“When you consider the web of anti-immigration efforts promised by Trump—restricting student visas, restricting H1-Bs, ending student work visa extensions, among other things—the threatened end of birthright citizenship makes emigrating, working, or remaining in the United States much more difficult and unpredictable for all immigrants, Indians included,” Stamets said. “That is exactly what Trump and his allies have promised, and every Trump voter supported this.”
Legal and Social Implications
Many legal scholars say that stripping birthright citizenship can have drastic legal and social impacts. Alex Nowrasteh, the Vice President at the Cato Institute, noted that “Birthright citizenship helps avoid the creation of an ‘illegal underclass’ and promotes better assimilation and integration of immigrant families.”
The Migration Policy Institute noted in 2019 that about 5.5 million under the age of 18 lived with at least one undocumented parent, and most of them were born in the United States. According to the think tank, the termination of birthright citizenship may worsen the problem of illegal immigration and extend discrimination across generations.
Conclusion
Donald Trump’s intention to do away with the policy has elicited discussions as to its constitutionality as well as its impact on the United States. For communities like the Indian immigrants, it is another form of risk in an already complex immigration process. While such endeavors are awaiting their judgment, they have the potential to reshape the American vision of citizenship and immigration.
