New Delhi: A federal court in America has again stayed President Donald Trump’s order which said that if a child’s parents are living illegally in America, then that child will not get American citizenship. This is the third time that the court has stopped Trump’s order from being implemented. The court also said that the final decision on this matter will be taken by the Supreme Court, but until any order comes from there, this rule of Trump will not be implemented.
When was the order passed?
Trump had banned Birthright Citizenship by signing an executive order on January 20, the day of his swearing-in. A few days after this, the US Federal Court had stayed President Donald Trump’s decision to end the right to birthright citizenship for 14 days.
Earlier on June 28, the US Supreme Court had given a decision in favour of President Trump. The Supreme Court had said that the judges of the lower courts cannot stop Trump’s birthright citizenship order across the country. They should reconsider their order.
What did the US Supreme Court say?
The Supreme Court had said with a majority of 6-3 that a federal judge alone cannot decide to stop policies across the country. Now if a case like Trump’s order has to be stopped, then many people will have to sue together, not just one state or person.
Justice Amy Coney Barrett, who wrote the decision, had said – the job of federal courts is not to monitor government orders. Their job is to resolve matters according to the powers given by Parliament.
However, the court did not give any immediate decision on Trump’s order and also ordered not to allow Trump’s order to be implemented for 30 days i.e. till July 28. This means that for now, children born in America will continue to get citizenship, as they used to get earlier.
Under which 3 situations citizenship is not granted by Trump’s order?
The executive order by which Trump abolished the birthright citizenship law is named ‘Protecting the Meaning and Value of American Citizenship’. This order refuses to grant American citizenship in 3 situations.
- If the mother of a child born in America is living there illegally.
- At the time of the child’s birth, the mother is a legal but temporary resident of America.
- The father should not be a US citizen or a legal permanent resident at the time of the child’s birth.
The 14th Amendment to the US Constitution gives the right to birthright citizenship. Through this, children of immigrants living in the US also get the right to citizenship.
What will be the effect on Indians?
According to the data of the US Census Bureau till 2024, about 54 lakh Indians live in America. This is about one and a half percent of the US population. Two-thirds of these people are first generation immigrants. That is, they went to America first in the family, but the rest are citizens born in America.
If the Supreme Court gives an order in favour of Trump’s bill, then it will become difficult for first generation immigrants to get American citizenship. However, if it gives an order against it, then citizenship will remain as before.
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