US President Trump’s birthright citizen order declared unconstitutional


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In Seattle, the federal judge laid a temporary ban on Trump’s birthright to end the birthright, it was described as “unconstitutional”. 22 states challenged the order, experts also considered it illegal.

Explainer: Why Trump gets a shock on Barthright Citizenship Act, court stays

Highlights

  • The court described the order as “unconstitutional”
  • It will be difficult for Trump to implement this order
  • They have to go through the path of Parliament to implement it

In Seattle, a federal judge has temporarily banned the executive order to eliminate the constitutional guarantee of US President Donald Trump’s birthright, that is, this law of Trump will not be implemented in the US at the moment. This is “clearly unconstitutional” in the eyes of the court. Law experts are also saying the same. There has been a big debate in America about this. This is considered to be the first blow for American President Donald Trump that he cannot play arbitrarily with laws.

The 22 US states including New York, New Jersey, Connecticut, Hawaii and California have shifted a shower to challenge Trump’s orders simultaneously before the ink of several executive orders of Trump dried up. San Francisco and Washington DC cities also supported the states in filing a complaint in the Federal District Court of Massachusetts.

The 14th amendment of the United States Constitution provides citizenship to anyone born on American soil. Attorney General Matthew Placin of New Jersey said, “Our country has been following the same basic rule for more than 150 years: children born in this country are American citizens.”

Question – What is usually called Trump’s order to abolish the Barthright Citizenship Wright?
– Usually this order is said to be “unconstitutional” and “attacking American values. Till now, any person born in America used to get citizenship there, irrespective of the immigration status of his parents.

Question – If this order did not take place, it would have been implemented?
– This order was said to be effective from January 20. A month after this, if the parents of a child born in America, if their parents are not American citizens, they will not get American citizenship. Under this order, federal agencies- from next month- will stop issuing citizenship documents to mothers without documents or children of mothers living in the country (eg tourist or foreign students) on temporary visas if the father American citizen or permanent Is not a resident.

At present, the court has imposed a temporary stay on it, so the executive order related to Donald Trump will not be effective. It depends on the court what the verdict she gives on it, otherwise the Trump will have to move to the Parliament to give it the appearance of the law, where this law will be amended constitutionally after passing both houses, only then it is applicable only then it is applicable. Will be able to happen

Question – Has this stay stay of the court has revealed that the powers of the president are not unlimited?
– This is exactly the same. The court has also cited constitutional and said that their powers are limited. Only the US Supreme Court can determine how they apply.

Question – What does law experts say whether the court can completely stop Trump’s executive order or not?
Experts say that those who challenge Trump’s order are likely to get success in the courts. Because Trump’s order has no legal basis. Legal experts agree that after a long court fight, this matter will finally reach the US Supreme Court. Trump will have to deal with legal challenges, deal with a shock of cases and will have to face widespread public outrage on behalf of those who are concerned that any type of interference in constitutional rights will set a dangerous example. Most of the legal scholars agree that President Trump cannot abolish the birthright through executive order.

Question – What is the status of the US Constitution on the birthright law?
– Birthday citizenship has been kept under the US Constitution since 1868. For this reason, African-Americans, who came to America long ago, could get the right to citizenship. The US Supreme Court last considered the issue of birthright citizenship in 1898, when it ruled in favor of the Chinese immigrants in the US, which was challenged after being denied citizenship.

Question – Which Chinese child was associated with this challenge, what was the matter?
– Wong was a 24 -year -old Chinese immigrant child, born in America, but when he returned from a visit to China, he was denied entry into America again. Wong successfully argued that since he was born in America, the immigration status of his parents does not affect the 14th amendment application.
Wong Kim Arch vs. United States case confirmed that all the individuals born in the United States are entitled to all the rights provided by citizenship, regardless of the breed or the immigration status of the parents.

Question – What is ‘births’ in America according to the constitution?
– The first sentence of the 14th amendment of the US Constitution establishes the principle of “birthright”:
“All individuals born or become citizens in the United States, and under his jurisdiction, are citizens of the United States and the state where they reside.”

Question – If the court rejected this order of Trump, then how will it pass in Parliament?
-Trump’s efforts to eliminate birthright citizenship will require two-thirds votes in both the American House and Senate to successfully change the Constitution.

Question- Has there been misuse of birthright in America?
– It can be said that there is a lot of dissatisfaction about this law in America. It was made the main issue by Trump in his election. Trump’s supporters argue that the birthright promotes illegal immigration. Pregnant women encourages illegally enter the US to create the so -called “anchor baby”. Pregnant women misuse birthright.

Question – Are there any figures?
According to recent data from Pew Research Center, about 4.4 million children under the age of 18 were living in 2022 with illegal immigrant parents. An estimated 1.4 million parents are illegal among the US-born adults.

Question – Which countries have birthright citizenship?
– In almost all cases more than 30 countries use automatic “Jas Sooli” or “soil rights” without any restriction. Many countries like Britain and Australia have amended this law, under which if one of the parents is a citizen or permanent resident, then citizenship will be found themselves but both parents are foreigners or have come illegally in the country Birthday citizenship will not be found.

Question – What is the status of this law related to citizenship in India?
Earlier in India, there was a birthright law but it was changed in 1987. According to this, if there is an Indian in the mother or father, then the child will get citizenship of India otherwise. If both parents are foreigners or illegal immigrants, then of course the child is born on the land of India but he will not get citizenship.

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Explainer: Why Trump gets a shock on Barthright Citizenship Act, court stays