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Donald Trump's first day as the 47th President of the United States was marked by a significant move to reshape the country's immigration landscape. He signed an executive order that targets multiple immigration laws, including the long-standing principle of birthright citizenship. This move has sparked intense debate and is expected to face formidable legal challenges.
At the heart of the controversy is the 14th Amendment of the US Constitution, which grants citizenship to all individuals born in the United States. The 14th Amendment 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."
However, Trump's executive order seeks to reinterpret this amendment, asserting that children born to undocumented parents are not entitled to automatic citizenship. This drastic shift in policy is expected to impact millions of Indian-Americans residing in the US, many of whom have been awaiting green cards for years or even decades.
The Trump administration has deemed birthright citizenship as "ridiculous" and claims that ending it will curb illegal immigration. "The 14th Amendment has never been interpreted to extend citizenship universally to everyone born within the United States," Trump delineated in the order.
However, critics argue that this move will only serve to further marginalise vulnerable communities and create uncertainty for immigrant families. The consequences of this policy are far-reaching, with potential disruptions on schools, workplaces, and entire communities.
The change in the policy is set to go into effect 30 days after the order issuance, a move set to ignite legal challenges.
One of the most significant effects of this policy will be on Indian families who have been using birth tourism as a means to obtain US citizenship for their children. Birth tourism, which involves traveling to the US to give birth, has been a popular route for Mexican and Indian families. However, Trump's new policy is expected to put an end to this practice altogether.
According to the US Census Bureau, about 5 million Indian Americans are currently residing in the US, making up about 1.47 per cent of the population. Of these, only 34 per cent are US born while the rest of the two-thirds are immigrants.
Majority of the Indian nationals that are currently working in the US are on the H1-B visa, with that, hundreds of Indian-origin children being born on the US soil will not be granted automatic citizenship according to President Trump's executive order.
The American Civil Liberties Union (ACLU) has expressed concerns about the constitutionality of Trump's executive order, citing the 14th Amendment's clear language on birthright citizenship. The ACLU has also highlighted the potential for mass deportations, family separations, and other human rights abuses under Trump's immigration policies.
Per a press release, the ACLU also stated, "Immigrants' rights advocates today sued the Trump administration over its executive order that seeks to strip certain babies born in the United States of their U.S. citizenship."
As the battle over birthright citizenship and immigration reform intensifies, the future of millions of families remains uncertain. Legal challenges are expected to play a crucial role in shaping the trajectory of this controversial policy. Ultimately, the outcome will depend on the ability of advocates, lawmakers, and the courts to protect the rights of vulnerable communities and uphold the principles of justice and equality enshrined in the US Constitution.