What citizenship laws do countries follow?

Sub: Polity

Sec: Constitution

Context:

President Donald Trump, in his second term, issued an executive order restricting birthright citizenship in the U.S.
The order has been temporarily blocked by a federal judge but, if implemented, will deny automatic citizenship to children born to illegal immigrants and temporary visa holders.

History of Birthright Citizenship in the U.S.

The 14th Amendment to the U.S. Constitution (1866) grants citizenship to all persons born or naturalized in the U.S. and subject to its jurisdiction.
The amendment was enacted to ensure equal rights for Black citizens post-Civil War and to overturn the Dred Scott vs Sandford (1857) ruling that denied citizenship to enslaved people.
The 1898 Wong Kim Ark case upheld birthright citizenship, ruling that every citizen or subject of another country, while domiciled in the United States, is within the allegiance and the protection, and consequently subject to the jurisdiction, of the Country.
Trump’s order contests the interpretation of “jurisdiction” and aims to exclude children of undocumented immigrants and those on temporary visas.

Principles of Citizenship

Countries follow two major principles for granting citizenship:

Jus Soli (Right of Soil) – Citizenship is granted based on birthplace, irrespective of parents’ nationality.
- Practiced in the U.S., Canada, and 37 other countries, mostly in the Americas.
- Historically used by colonizers to quickly outnumber native populations as citizens.
Jus Sanguinis (Right of Blood) – Citizenship is based on the nationality of the parents.
- Common in European and Asian countries, which seek to preserve cultural and ethnic identity.

Citizenship Laws in India and Neighbouring Countries

India initially followed jus soli until 1987, granting automatic citizenship to all born in the country.
The Citizenship Act of 1955 was amended in 1986 and 2003, making citizenship dependent on parentage due to concerns over illegal migration, especially from Bangladesh.
Presently, a child born in India is an Indian citizen only if:
- At least one parent is an Indian citizen, and
- Neither parent is an illegal immigrant.
Nepal and Pakistan still recognize jus soli, though Pakistan has proposed a bill to end it.

Impact on Indian Immigrants in the U.S.

The U.S. hosts 2.8 million Indian immigrants, the second-largest foreign-born group after Mexicans.
An estimated 7,25,000 undocumented Indians live in the U.S.
Over 70% of H1B visas (temporary work visas) are issued to Indians annually.
More than 3,30,000 Indian students study in the U.S., many aspiring for permanent residency.
Trump’s order could reduce legal and illegal immigration, affecting employment-based green card applicants and temporary visa holders.