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3rd February 2025 (12 Topics)

U.S. Citizenship Policy Changes and India’s Citizenship Laws

Context

In a recent development, U.S. President Donald Trump signed an executive order that drastically alters how U.S. citizenship is granted. The new order limits citizenship to children born in the U.S. to parents who are either U.S. citizens or permanent residents (Green Card holders).

Legal Principles of Citizenship: Jus Soli vs. Jus Sanguinis

There are two main legal systems used worldwide to determine citizenship:

  • Jus Soli (Right of the Soil): Under this principle, a child's citizenship is determined by their place of birth.
    • Countries such as the S., Canada, Mexico, and many countries in Latin America follow jus soli. If a child is born in one of these countries, they are automatically granted citizenship, regardless of their parents' citizenship.
  • Jus Sanguinis (Right of Blood): Here, a child’s citizenship is determined by the citizenship of their parents.
    • This principle is followed in countries such as Germany, India, and Egypt. Citizenship is passed from parent to child, irrespective of where the child is born.

Current Issue in the U.S.: Trump’s Executive Order

  • Historically, the United States has followed the jus soli principle, granting automatic citizenship to anyone born on U.S. soil.
  • However, President Trump’s executive order, titled "Protecting the Meaning and Value of American Citizenship", proposes a change.
  • According to this order, U.S. citizenship will be granted only to children born in the U.S. whose parents are U.S. citizens or permanent residents (Green Card holders).
  • The motivation behind this change stems from concerns about illegal immigration and the flow of migrants from countries like Mexico. Trump believes that restricting birthright citizenship will reduce birth tourism and illegal immigration.
  • However, this executive order has been met with legal opposition. A federal court in Washington temporarily blocked the order, calling it “blatantly unconstitutional.”

Citizenship in India

  • Citizenship in India is governed by the Citizenship Act, 1955.
  • Citizenship signifies the relationship between ‘individual’ and ‘state’.
  • India has two kinds of people—citizens and aliens. Citizens are full members of the Indian State and owe allegiance to it. They enjoy all civil and political rights.
  • Citizenship is an idea of exclusion as it excludes non-citizens.
  • Till June 1987, India followed the jus soli’ principle granting automatic citizenship to anyone born in India.
  • Subsequently, the law was amended to introduce the jus sanguinis’ principle.
  • Before 1987: India followed the jus soli principle, meaning any child born in India was automatically granted Indian citizenship.
    • After 1987: The law was amended to require that at least one parent be an Indian citizen for a child to receive Indian citizenship.
    • After 2004: Further amendments restricted citizenship, stating that both parents must be Indian citizens, or one parent must be an Indian citizen while the other cannot be an illegal immigrant.

This shift was primarily aimed at addressing the issue of illegal immigration from countries like Bangladesh.

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