Thursday, July 10, 2025

๐Ÿ›️ Trump’s Executive Order on Birthright Citizenship: A Constitutional Crossroads

 

๐Ÿ›️ Trump’s Executive Order on Birthright Citizenship: A Constitutional Crossroads

๐Ÿ–‹️ Prepared for UPSC Aspirants by Suryavanshi IAS Mentorship Desk
๐Ÿ“… Date: July 10, 2025


๐Ÿ“Œ What Happened?

On July 10, 2025, a federal judge in New Hampshire, Joseph LaPlante, blocked former U.S. President Donald Trump's executive order that ended birthright citizenship for children born to undocumented immigrants or temporary residents.
This order is being challenged under the 14th Amendment of the U.S. Constitution, with multiple class-action lawsuits now emerging across U.S. states.


๐Ÿ” Why Is This Important for UPSC?

This case touches multiple UPSC-relevant dimensions:

  • Constitutional interpretation (U.S. & India)

  • Citizenship laws globally

  • Immigration and demographic politics

  • Judicial review and executive power

These are frequent GS II and GS I Essay themes, and often come up in UPSC interview discussions and Ethics Paper IV.


๐Ÿง  Understanding the 14th Amendment (U.S.)

Text: “All persons born or naturalised in the United States and subject to the jurisdiction thereof are citizens of the United States.”

➡️ The Trump administration argues that “subject to the jurisdiction” excludes children born to:

  • Undocumented immigrants

  • Temporary visa holders

➡️ Critics argue this violates over a century of settled constitutional precedent and international norms.


๐ŸŒ How Do Countries Define Citizenship?

CountryPrinciple Followed
USAJus soli (right by birthplace) ✅
IndiaMixed model: Jus sanguinis + conditions under Citizenship Act, 1955
GermanyJus sanguinis with limited jus soli (e.g., if parents have lived long enough)
FranceJus soli with residency conditions

Note: UPSC has previously asked about India’s Citizenship Act, especially during debates on CAA/NRC.


⚖️ Indian Perspective on Citizenship

  • Governed by Articles 5–11 of the Constitution + Citizenship Act, 1955

  • India does not allow absolute birthright citizenship since the 1987 amendment.

  • A child born in India is a citizen only if:

    • One parent is an Indian citizen, and

    • The other is not an illegal migrant.


๐Ÿ“ GS Mains Practice Question

Q. “Birthright citizenship is a foundational element of constitutional democracies, but also a politically contested concept.” Examine in light of recent developments in the United States. (250 words)


๐Ÿ“˜ Prelims Practice (PYQ Format)

Q1. Which of the following countries strictly follow jus soli citizenship?

  1. United Kingdom

  2. United States

  3. India

  4. Australia

Correct Answer:2 only


๐Ÿ“œ Relevant UPSC PYQs for Practice

GS Paper II – Indian Polity & Governance

  • 2020: Discuss the constitutional safeguards available to citizens against arbitrary actions of the executive.

  • 2016: Discuss the legal and constitutional position of the right to citizenship in India.

  • 2019: Judicial activism has overstepped into judicial overreach. Critically analyze in context of recent judgements.

Essay (GS Paper I):

  • Are modern democracies respecting individual rights or majoritarian demands?

Ethics (GS Paper IV):

  • What is the ethical dilemma in denying a child citizenship based on the legal status of their parents?


⚖️ Judicial Response in the U.S.

  • Judge LaPlante called the executive order “unpersuasive and clearly harmful.”

  • Highlighted “irreparable harm” to children denied citizenship.

  • Noted the Supreme Court’s temporary limit on nationwide injunctions but upheld class-action suits at state level.

  • Advocated due process, inclusion, and non-discrimination as core constitutional values.


✍️ Key Takeaways for UPSC Aspirants

  1. ๐Ÿ“– Link Global Events to Indian Frameworks

    • Use U.S. case law to contrast Indian constitutional provisions and citizenship debates (e.g., CAA-NRC).

  2. ๐Ÿ”„ Reinforce Static Polity with Dynamic Events

    • Compare executive orders vs. parliamentary laws, both in U.S. and India.

  3. ๐Ÿ“š Collect Case Studies for Ethics & Essay

    • This case is perfect for themes on rights of children, discrimination, and immigration ethics.

  4. ๐ŸŒ Prepare for Interview Questions

    • Likely questions: “Do you think India should allow birthright citizenship?”, “What are the pros and cons of Jus Soli?”

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