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President Trump Proposes to End US Citizenship by Birth

Thousands of children born in the United States to Indian parents including those born on US soil to visitor visa holders automatically get US citizenship by virtue of their birth in the country.  

Recently, President Trump announced in an interview that he planned to end the so-called “birthright citizenship” for babies of non- US citizens born in the US by way of an Executive Order.  Presently, under the law, anyone born in the United States, including children of illegal immigrants, automatically qualify for American citizenship.

Such an Executive Order terminating birthright citizenship would likely face legal challenges and litigation in US courts, potentially leading the courts to decide on the debate over the Fourteenth Amendment of the US Constitution, which in part states, “All persons born or naturalized in the United States, and subject to the jurisdiction are citizens of the United States and of the State wherein they reside”. Immigration hardliners are of the view that US citizenship by birth should be available only to children born in the US to lawful permanent residents, not to unauthorized immigrants or to those on temporary visas.

Zeenat Phophalia, Esq., Senior Associate