US: Trump plans to axe birthright citizenship; can he do it? Will it impact Indians?
Trump believes that birthright citizenship is "ridiculous" and wants to end it after taking office on Jan 20; his plan is sure to run into legal problems though
US president-elect Donald Trump has pledged to dump birthright citizenship, a right guaranteed by the US Constitution.
The plan, if Trump chooses to go ahead with it, is sure to run into legal problems but millions of immigrants are worried nevertheless. And with an estimated 1.6 million Indian-Americans born in the United States, the community too could be hit although the precise ramifications of Trump’s announcement are not clear.
What Trump wants to do
Trump believes that birthright citizenship is "ridiculous" and wants to end it after taking office on January 20.
In a 2023 post, Trump elaborated on his plan to issue an executive order on his first day in office.
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The order would tell federal agencies to deny automatic citizenship to children unless at least one parent is a US citizen or lawful permanent resident.
Also, he wants such children denied passports, social security numbers, and access to taxpayer-funded welfare benefits.
What is birthright citizenship?
The US grants citizenship to children born within its borders, regardless of the citizenship of its parents. In other words, even if the parents are illegal immigrants, their children, if born in the US, will get American citizenship.
Trump and his supporters want this provision to change.
"We're going to have to get it changed," Trump said in an interview. "We'll maybe have to go back to the people. But we have to end it."
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Trump idea has supporters
"Simply crossing the border and having a child should not entitle anyone to citizenship," Associated Press quoted Eric Ruark, director of research for NumbersUSA, as saying.
The group, which argues for reducing immigration, says that at least one parent of a child born in the US must be an American citizen or a permanent legal resident.
Russell A Stamets, a partner at Circle of Counsels, told the Business Standard that Trump’s camp feels the system is being abused and there should be stricter stands to become an American citizen.
Legal issues could crop up
But the right of birthright citizenship is based on the 14th amendment to the US Constitution and is well-established under US law. So, axing it would trigger major legal challenges.
The 14th amendment says: "All persons born or naturalised in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside."
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The Trump camp says this provision enables pregnant women to enter the US and give birth in the US so that their children get American citizenship. Some even go back to their countries after giving birth.
Indian-American population
The American Immigration Council says that removing birthright citizenship would affect everyone, making it difficult for American parents to prove citizenship of their children.
Based on the 2022 US Census, Pew Research says there are 4.8 million Indian-Americans in America. Of this, 34 per cent or 1.6 million were born in the country.
These individuals are citizens of the United States under the current law. If Trump were to abolish it, these many Indians could be impacted.
Can executive override constitution?
But doing away with birthright citizenship may not be an easy journey for any US president.
Andrew Arthur, a fellow at the Center for Immigration Studies, was quoted by a media report as saying that “it’s a lot more of an open legal question than most people think”.
Constitutional experts argue that birthright citizenship cannot be revoked by executive order.
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Children of illegal immigrants
Even if Trump persuades Congress to pass legislation ending birthright citizenship, the law would almost certainly face legal challenges for violating the 14th Amendment.
The Migration Policy Institute estimates that in 2019, about 5.5 million children under 18 lived with at least one parent who was in the US illegally. This accounts for 7 per cent of the nation’s child population.