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A US Federal Court has re-stopped the order of President Donald Trump, stating that if the parents of a child are living illegally in America, that child would not get American citizenship.
This is the third time the court has prevented Trump’s order from being implemented. The court also said that the Supreme Court will take the final decision on this matter, but until no order comes from there, this rule of Trump will not apply. Boston judge Leo Sorokin said,
Birth right is against the Citizenship Constitution. He said that the child who is born in America is a citizen of America and no President can change this rule by his order.
Trump signed the executive order on the day of his swearing -in, ie, on the executive order, banned the birth rightsship by signing the executive order. A few days later, the US Federal Court stayed the decision of President Donald Trump to abolish the congenital citizenship rights for 14 days.
On 20 January, Trump signed on the executive order and banned the right to congenital citizenship.
June 28: Court ruled in favor of Trump
Earlier on June 28, the US Supreme Court ruled in favor of President Trump. The Supreme Court had said that the judges of the lower courts cannot ban the order of citizenship associated with the birth of Trump. They should reconsider their order again.
These judges were constantly hurting his work by prohibiting Trump’s decision, but it was difficult for him to do so after the Supreme Court’s decision. Earlier, the lower courts of America had temporarily stopped Trump’s congenital citizenship order in three different cases before it was implemented.
The Supreme Court said- Federal Judge worked out of authority and worked
The Supreme Court had said with a majority of 6-3 that the Federal Judge alone cannot decide to stop policies across the country. Now if a case has to be stopped like Trump’s order, then it will have to sue many people and not only one state or person.
Justice Amy Koni Barrett, who wrote the verdict, had said- Federal Courts do not monitor government orders. Their job is to solve matters according to the forces given by Parliament.
However, the court did not give any decision immediately on Trump’s order and also ordered Trump’s order not to be implemented for 30 days i.e. till 28 July. This means that for now, America -born children will continue to get citizenship, as earlier.
Trump said- Now we will implement their policies fast
Trump described this decision as his victory. He had said that this decision of the Supreme Court is very good for the country. At the same time, Judge Sonia Sotomayor opposed the verdict and said that this is a joke of the law.
Trump thanked the judges of the Supreme Court, describing this decision as luxurious. Please tell that three of the nine judges of the Supreme Court were appointed by Trump.
Trump said- last one hour was fantastic. Now we can proceed to implement policies that were wrongly stopped. Trump said- This decision is the victory of the Constitution and the law. Now they will move fast to apply their policies.
Citizenship is not found in 3 situations by Trump’s order
The executive order with which Trump ended the congenital citizenship law is named ‘Protecting the Meaning and Value of American Citizenship’. This order refuses to give US citizenship under 3 circumstances.
- If the mother of a child born in America is living illegally there.
- At the time of the child’s birth, the mother should be legitimate, but temporary resident of America.
- Father should not be a citizen or legitimate permanent resident of America at the time of childbirth.
The 14th amendment of the US Constitution gives the right to congenital citizenship. Through this, the children of immigrants living in America also get the right to citizenship.
The right to congenital citizenship was found in America 157 years ago
After the end of the US Civil War in 1865, the 14th amendment in the US Parliament was approved in July 1868. It said that all American citizens born in the country are. The purpose of this amendment was to give American citizenship to the black people victims of slavery.
However, this amendment has been interpreted in such a way that all children born in the US will be included, irrespective of their parents’ immigration states.
Taking advantage of this law, people from poor and war -torn countries come to America and give birth to children. These people stay in America on the basis of studies, research, jobs. He gets American citizenship as soon as the child is born. Parents also get a legal reason for living in America on the pretext of citizenship.
In America, this trend has been in full swing for a long time. Critics call it a birth tourism. According to the 2022 report of Pew Research Center, 16 lakh Indian children have received citizenship due to being born in America.
The 14th amendment of the US Constitution guarantees congenital citizenship to children. This law has been in force in America for 150 years.
What will be the effect of the final order of the Supreme Court on Indians
According to data up to 2024 by the US Census Bureau, there are about 54 lakh Indians in the US. This is about one and a half percent of the US population. Two-thirds of these people are first generation immigrants. That is, he first went to America in the family, but the rest is a US -born citizens.
If the Supreme Court orders in favor of Trump’s bill, then it will be difficult for the First Generation Immigrants to get American citizenship. However, if given against it, citizenship will remain as before.
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