Birthright Citizenship Explained: U.S. Verdict, India’s Citizenship & Indian Diaspora
Source: Indian Diaspora
GS II: Indian Constitution, Indian Diaspora
Overview
- News in Brief
- Constitutional Basis of Birthright Citizenship in the U.S.
- Impact on the Indian Diaspora
- India’s Citizenship Framework
- Way Forward
Why in the News?
The U.S. Supreme Court upheld birthright citizenship under the 14th Amendment, blocking attempts to deny automatic citizenship to children born in the U.S. to undocumented or temporary immigrants.
News in Brief
- The U.S. Supreme Court upheld birthright citizenship under the 14th Amendment, ensuring that children born in the U.S. (except those of foreign diplomats) remain eligible for automatic citizenship.
- The ruling reinforces constitutional protections and is a setback to efforts aimed at tightening U.S. immigration and citizenship policies.
- While the verdict benefits the Indian diaspora, concerns remain over H-1B visa restrictions, rising visa costs, and employment uncertainty for Indian professionals.
Constitutional Basis of Birthright Citizenship in the U.S.
- Birthright citizenship in the United States is guaranteed by the 14th Amendment (1868) to the U.S. Constitution. Its Citizenship Clause states:
“All persons born or naturalized in the United States, and subject to its jurisdiction, are citizens of the United States.”
- This provision was adopted after the American Civil War to ensure equal citizenship rights and has since been interpreted to grant automatic U.S. citizenship to almost every child born on U.S. soil, irrespective of the parents’ immigration status.
- Exception
- Birthright citizenship does not apply to:
- Children of foreign diplomats, as they are not subject to U.S. jurisdiction.
Citizenship by Birth – Jus Soli
- Jus Soli is a Latin term meaning “Right of the Soil.”
- Under this principle, a person acquires citizenship automatically by being born within the territory of a country, irrespective of the nationality of the parents (subject to certain exceptions).
- It is based on the idea that birth within a country’s territory creates a legal bond with that state.
- Countries such as the United States, Canada, and Mexico broadly follow the principle of Jus Soli.
- In the United States, the 14th Amendment guarantees birthright citizenship to almost all children born on U.S. soil, except children of foreign diplomats.
Citizenship by Descent- Jus Sanguinis
- Jus Sanguinis is a Latin term meaning “Right of Blood.”
- Under this principle, citizenship is determined by the nationality of one or both parents rather than the place of birth.
- A child born outside the country can still acquire citizenship if the parents are citizens, subject to the country’s laws.
- This system aims to preserve national identity, cultural continuity, and familial ties.
- Many European and Asian countries, including India, primarily follow the Jus Sanguinis principle, either fully or in combination with limited Jus Soli provisions.
Challenge to Birthright Citizenship
- The Trump administration sought to restrict automatic citizenship for children born to undocumented immigrants and certain temporary visa holders.
- It argued that:
- Birthright citizenship encourages illegal immigration.
- It promotes “birth tourism”, where foreign nationals travel to the U.S. to give birth for citizenship benefits.
- Existing laws are allegedly misused to obtain long-term immigration advantages.
- The President should have the authority to restrict citizenship through executive action.
Supreme Court’s Stand
- The U.S. Supreme Court rejected attempts to restrict birthright citizenship and reaffirmed its constitutional protection because:
- The 14th Amendment explicitly guarantees citizenship by birth.
- An executive order cannot override the Constitution.
- Any change requires a constitutional amendment, not executive action.
- Long-standing judicial precedents have consistently upheld the Citizenship Clause.
- The judgment reinforces the supremacy of the Constitution over executive decisions.
Difficulty in Amending the U.S. Constitution
- The U.S. Constitution has one of the most stringent amendment procedures in the world.
- A constitutional amendment requires:
- Approval by a two-thirds majority in both the House of Representatives and the Senate.
Ratification by three-fourths (38 out of 50) of the U.S. States. - Therefore, altering birthright citizenship through constitutional amendment is politically and legally difficult.
- Approval by a two-thirds majority in both the House of Representatives and the Senate.
Impact on the Indian Diaspora
- Positive Impact
- The judgment ensures that children born in the U.S. to Indian H-1B visa holders continue to receive automatic U.S. citizenship, providing legal certainty and stability to thousands of Indian families.
- The ruling is particularly significant as Indians constitute the largest share of H-1B visa beneficiaries and form a major workforce in the U.S. IT, engineering, healthcare, and research sectors.
- It also safeguards the citizenship rights of children born to Indian professionals during the lengthy employment-based Green Card waiting period, reducing uncertainty for the Indian diaspora.
- Challenges
- Higher H-1B visa application and renewal costs.
- Increased immigration scrutiny and compliance requirements.
- Rising anti-immigrant sentiment in certain sections of society.
- Employment uncertainty, particularly in the technology sector.
- Long waiting periods for employment-based Green Cards due to country-wise caps.
India’s Citizenship Framework
- Unlike the United States, India does not follow unrestricted Jus Soli (citizenship by birth).
- The Citizenship Act, 1955 provides five modes of acquiring Indian citizenship:
- By Birth (subject to statutory conditions)
- By Descent
- By Registration
- By Naturalisation
- By Incorporation of Territory
- The Citizenship (Amendment) Act, 2003 significantly tightened citizenship by birth provisions.
- A child born in India does not automatically become an Indian citizen merely by birth.
- At least one parent must be an Indian citizen, and the other parent must not be an illegal migrant.
- This reflects India’s shift from a broad Jus Soli approach towards a conditional citizenship-by-birth system, with greater emphasis on national security and regulation of illegal migration.
Way Forward
- Strengthen India–U.S. mobility partnership.
- Expose support the Indian diaspora.
- Create high-quality jobs in India to reduce excessive dependence on overseas employment opportunities.
- Encourage greater investment, technology transfer, knowledge sharing, and academic collaboration by the Indian diaspora for national development.
- Modernize India’s migration policy by developing a comprehensive migration framework that protects the rights of Indian migrants, facilitates safe and legal migration, and strengthens global talent mobility.
UPSC Prelims and Mains Practice Question
Consider the following statements regarding Birthright Citizenship:
- Birthright citizenship is based on the principle of Jus Soli.
- The U.S. Constitution grants automatic citizenship to every child born in the United States, including children of foreign diplomats.
- India presently follows unrestricted Jus Soli for granting citizenship by birth.
Which of the statements given above is/are correct?
A. 1 only
B. 1 and 2 only
C. 2 and 3 only
D. 1, 2 and 3
Answer: A
Mains Practice Question
Q. Discuss the significance of the U.S. Supreme Court’s ruling on birthright citizenship for the Indian diaspora. How does India’s citizenship framework differ from that of the United States? (10 Marks, 150 Words)
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