Trump declares end to U.S. citizenship by birth

Trump declares end to U.S. citizenship by birth

Sub : Polity

Sec: Constitution

Context: – On January 20, 2025, U.S. President Donald Trump signed an executive order aiming to end birthright citizenship for children born in the United States to non-citizen parents, including those on temporary visas such as H-1B.

This move challenges the long-standing interpretation of the 14th Amendment, which grants citizenship to all individuals born on U.S. soil.

Citizenship Provisions: India vs. the United States

United States:

• Birthright Citizenship (Jus Soli): The U.S. follows the principle of jus soli, meaning any person born on U.S. soil is automatically granted citizenship, regardless of their parents’ immigration status. This is enshrined in the 14th Amendment of the U.S. Constitution.
• Naturalization: Individuals not born in the U.S. can acquire citizenship through a legal process called naturalization, which includes requirements such as residency, language proficiency, and knowledge of U.S. history and government.

India:

Part II of the Indian constitution (Article 5 to 11) deals with the citizenship provisions in India.

• Citizenship by Birth
  • 26 Jan 1950 – 1 July 1987: A person born in India is a citizen, irrespective of parents’ nationality.
  • 1 July 1987 – 3 Dec 2004: Citizenship is granted if at least one parent is an Indian citizen at the time of birth.
  • Post 3 Dec 2004: Citizenship is granted if both parents are Indian citizens, or one is an Indian citizen and the other is not an illegal migrant.
• Citizenship by Registration

Granted by the Central Government to:

• Persons of Indian origin residing in India for 7 years preceding the application.
• Spouses of Indian citizens residing in India for 7 years.
• Minor children of Indian citizens.
  
• Citizenship by Acquisition
  • When foreign territory becomes part of India, residents of that territory become Indian citizens from a date specified by the government (e.g., Pondicherry via the Citizenship (Pondicherry) Order, 1962).
• Citizenship by Descent
  
  • 26 Jan 1950 – 10 Dec 1992: A person born outside India becomes a citizen if the father is an Indian citizen.
  • Post 10 Dec 1992: Either parent must be an Indian citizen.
  • Post 3 Dec 2004: Citizenship requires registration at the Indian Consulate within a year of birth or with Central Government approval after the period.
• Citizenship by Naturalization

Granted to applicants who:

• Renounce any other citizenship upon application acceptance.
• Reside in India continuously for 12 months before application.
• Reside in India for 11 years in aggregate within the 14 years preceding the 12-month period.

Key Differences between Indian and U.S.A Citizenship:

Principle of Citizenship: The U.S. primarily follows jus soli (right of the soil), granting citizenship based on birthplace, whereas India follows a modified approach, granting citizenship by birth only when at least one parent is an Indian citizen.

Dual Citizenship: The U.S. permits dual citizenship under certain circumstances, allowing individuals to hold citizenship in more than one country. In contrast, India does not allow dual citizenship; acquiring foreign citizenship leads to the automatic loss of Indian citizenship.

Constitutional Provisions: In the U.S., birthright citizenship is constitutionally protected under the 14th Amendment. In India, citizenship provisions are governed by the Citizenship Act of 1955, and the Constitution grants Parliament the authority to regulate citizenship laws.