अमेरिका में जन्मजात नागरिकता कानून बरकरार: सुप्रीम कोर्ट ने ट्रम्प का आदेश रद्द किया, कहा- देश में जन्मा हर बच्चा अमेरिकी नागरिक होगा

The US Supreme Court on Monday gave a major constitutional decision saying that every child born in America will be an American citizen by birth, whether his parents are living in the country illegally or have come on a temporary visa. The court struck down President Donald Trump’s executive order denying citizenship by birth to such children. This decision came by a majority of 5-4. Chief Justice John Roberts wrote the majority decision. This system has been in force in America for the last 158 ​​years that every child born there becomes an American citizen as soon as he is born. This right is given in the 14th Amendment of the US Constitution. The order was issued just a few hours after taking oath. Trump had banned birth right citizenship by signing an executive order on his swearing-in day i.e. January 20, 2025. A few days later, several federal district courts put a temporary stay on this order. That means Trump’s order could not be implemented. Although Birthright Citizenship was not banned at that time, rather it was banned on Trump’s order. After this the matter again reached the Supreme Court. The Supreme Court has now given the final verdict saying that the 14th Amendment guarantees birthright citizenship. Therefore, Trump’s order is unconstitutional and canceled. The Supreme Court also said in its decision that the US Parliament (Congress) cannot change the scope of the right to citizenship by birth by making a general law. If this system has to be changed, then the Constitution will have to be amended for this. Trump himself had reached the Supreme Court during the hearing. On April 1, Trump was present in the Supreme Court during the hearing of this case. It is considered extremely rare for a sitting US President to be present during such a hearing in the Supreme Court. If Trump’s order were implemented, the legal status of about 2.5 lakh children born in America every year would be affected. In addition, families had to provide documents of the parents’ citizenship and immigration status to determine the citizenship of their newborn child. This decision is also being considered a big blow for Trump because he had promised to end it during his election campaign. The right to birthright citizenship was granted in America 157 years ago. After the end of the American Civil War in 1865, the 14th Amendment was approved in the US Parliament in July 1868. It said that all those born in the country are American citizens. The purpose of this amendment was to give American citizenship to black people who were victims of slavery. However, this amendment has been interpreted to include all children born in the United States, regardless of their parents’ immigration status. Trump and his supporters claim that 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 and job. As soon as the child is born, they get American citizenship. Under the pretext of citizenship, parents also get a legal reason to stay in America. This trend has been in full swing in America for a long time. Critics call it berth tourism. According to the 2022 report of Pew Research Center, 16 lakh Indian children have got citizenship by birth in America. Trump’s close associates also got the benefit of birthright citizenship. Interestingly, many of Trump’s close associates have also taken advantage of this same birthright citizenship system. The parents of Secretary of State Marco Rubio, FBI Director Kash Patel and Usha Vance, wife of Vice President JD Vance, came to the US from other countries. He was born in America, so he got American citizenship by birth. Why did Indians get relief from this decision of the court? Pregnancy and childbirth rules will not change for H-1B visa holders There is no provision in US immigration law or visa rules that prevents people living on an H-1B visa or any other valid temporary visa from conceiving or giving birth to a child in the US. Even after the Supreme Court’s decision, children born in America from such families will be considered American citizens by birth under the 14th Amendment of the Constitution. Will the parents also get citizenship if the child gets citizenship? The answer is- no. If a child is born in America, he gets American citizenship by birth, but his parents do not get the benefit of this. People living on H-1B or any other temporary visa will have to maintain their immigration status separately as before. According to current US law, a US citizen child can recommend his or her parents for permanent residence (green card) only when he or she turns 21 years of age. What is the rule of dual citizenship for children of Indian origin? India does not fully allow dual citizenship. If a child is born in America to Indian parents, he gets American citizenship at birth. However, he cannot hold full Indian citizenship simultaneously. Parents can get Overseas Citizen of India (OCI) card made for such children. On getting OCI card, they do not need a lifetime visa to come to India. Along with this, many rights related to living in India are also available.



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