Context:

The debate on birthright citizenship in the United States has been reignited by an executive order issued by President Trump, seeking to curtail this right.

·        A federal judge temporarily blocked the order, citing a violation of the 14th Amendment, which guarantees citizenship to all individuals born on US soil.

History of Birthright Citizenship in the US

Initially, after the US gained independence, citizenship was determined by state laws, but there was a general understanding that children born in US territory were citizens. The US Constitution (1788) acknowledged "natural born citizens" but did not define it clearly.

Over time, the 14th Amendment (1866) granted citizenship to all born or naturalized in the US. The Dred Scott decision (1857), which excluded slaves and their descendants from citizenship, was rectified by this amendment.

Supreme Court’s Role: The 14th Amendment sparked debates, particularly regarding the phrase "subject to the jurisdiction" of the US.

The 1898 SCOTUS case (United States v. Wong Kim Ark) clarified that even children of Chinese immigrants were entitled to citizenship, affirming that being born on US soil suffices for citizenship. This ruling has stood as the law of the land.

Impact of Supreme Court Rulings: The Plyler v. Doe (1982) case further reinforced that children of undocumented immigrants were entitled to education, asserting their citizenship rights under the 14th Amendment, regardless of their parents' legal status.

Birthright Citizenship in India

The concept of birthright citizenship was debated during India’s independence. B R Ambedkar and Sardar Patel supported birthright citizenship, which was enshrined in Article 5 of the Indian Constitution and later codified in the Citizenship Act, 1955.

·        However, in 1986, Parliament amended the Act to address the entry of migrants from “Bangladesh, Sri Lanka and some African Countries”.

·        All children born after the Amendment came into force would only become citizens if either of the parents were Indian citizens, marking the end of birthright citizenship in India.

·        In 2003, the Act was amended again to effectively state that a child would not become a citizen at birth if one of her parents was an illegal immigrant when she was born.

 Conclusion

The birthright citizenship debate in both the US and India highlights ongoing concerns about immigration, legal status, and national identity, with historical rulings continuing to shape policies today.