US Birthright Citizenship: US Birthright Citizenship: A federal judge of America has given a big blow to President Donald Trump. The judge has called Trump’s executive order, in which he had abolished the right to grant citizenship on the basis of birth, ‘unconstitutional’. The judge has also put a temporary stay on this executive order. This means that for the time being, children born in America will continue to get citizenship there.
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Trump signed this order on January 20, the very first day of the start of his second term. Four Democratic-ruled states had filed a petition against this order of Trump. Democratic-ruled states like Washington, Arizona, Illinois and Oregon claimed in the petition that Trump’s order violates the right to citizenship given in the 14th Amendment of the US Constitution. US District Judge John Kaufner was hearing this petition. On Thursday, he ordered the Trump administration to stop implementing this order.
What was Trump’s executive order?
Donald Trump issued an executive order just after taking the oath of office to end the right of birthright citizenship in America. Its purpose was to prevent giving US citizenship to children of illegal immigrants or people living on visas who would be born in America.
What did Judge Kaufner say?
Judge John Kaufner said, ‘I do not understand how a lawyer can say that this order is constitutional. This is beyond my understanding. I have been on the bench for more than four decades. I do not remember any other case that clearly raises questions in this matter. This is clearly an unconstitutional order.
22 states have challenged the case
This is the first legal challenge against the controversial executive order. Donald Trump signed this order on the day of his swearing-in. It was to be implemented from February 19. The lawsuit against the birthright citizenship order includes 22 US states and immigrant rights groups. It also includes testimony from many American citizens, some of whom were born under the 14th Amendment’s guarantee of birthright citizenship.
What is the effect of birthright citizenship?
In fact, Donald Trump’s order wants to limit birthright citizenship to only those children who are born in the US. Whose parents are citizens or legal permanent residents. It does not include those who are born to undocumented immigrants or persons living on temporary visas. The executive order can affect thousands of children born to non-citizen parents in the US every year. It is estimated that more than 250,000 children may be affected annually. However, the Justice Department argued that the order has not yet caused any harm, and it only applies to births taking place after the scheduled implementation date. However, the judge’s decision puts a temporary stay on the order.
USA: What is US Birthright Citizenship?
US Birthright Citizenship is a legal principle under which any child born on US soil automatically becomes a citizen of the United States, regardless of the nationality, immigration status, or residency of their parents. This right is enshrined in the 14th Amendment to the US Constitution, which 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.”
This concept is grounded in the idea of jus soli or “right of the soil,” contrasting with jus sanguinis, which ties citizenship to parental heritage. US Birthright Citizenship applies to almost all children born in the country, except for specific cases like children of foreign diplomats who enjoy immunity.
Over the years, birthright citizenship has sparked debates, particularly concerning its application to children of undocumented immigrants. Advocates argue that it upholds the constitutional guarantee of equality and fosters inclusivity. Critics, however, suggest that it can lead to “anchor babies,” a term used to describe children born to immigrants seeking to secure legal residency in the US.
The principle has faced political challenges, with proposals and executive actions attempting to modify or eliminate it. However, judicial rulings have consistently upheld its validity, emphasizing its constitutional basis. Birthright citizenship remains a cornerstone of American identity, symbolizing the nation’s commitment to equal rights and diversity.
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