Why US Supreme Court scrapped Trump's birthright citizenship order, Pg15

Key Highlights:

• The US Supreme Court ruled the Donald Trump administration’s executive order to end birthright citizenship unconstitutional.
• The court reaffirmed that children born in the US are American citizens under the Fourteenth Amendment, irrespective of their parents' legal status.
• The decision was a 6-3 majority, rejecting the administration's argument that such children are not "subject to the jurisdiction" of the US.
• This ruling marks a significant judicial setback for the former President's immigration agenda.

Detailed Insights:

• The Fourteenth Amendment to the US Constitution, ratified in 1868 after the American Civil War, was primarily intended to grant citizenship to formerly enslaved people.
• The court's majority, led by Chief Justice John Roberts, based its decision on the English common law principle of jus soli.
• Jus soli dictates that anyone born within a sovereign's territory is considered a natural-born subject, owing allegiance in exchange for protection.
• US courts have historically interpreted the Fourteenth Amendment to confer citizenship on nearly all individuals born on American soil, with exceptions for children of diplomats and enemies during hostile occupation.
• Donald Trump had signed an executive order in January 2025 aiming to deny citizenship to children born in the US to parents who were illegally or temporarily in the country.
• The article notes that India's citizenship laws, specifically the Citizenship Act, 1955, and its amendments in 1986 and 2003, do not practice unconditional birthright citizenship.

Key Concepts Involved:

• Birthright Citizenship: The legal right to citizenship for children born within a country's territory, regardless of their parents' nationality or legal status.
• Fourteenth Amendment: A post-Civil War amendment to the US Constitution that defines US citizenship and guarantees equal protection under the law.
• Jus Soli: A principle of nationality law by which citizenship is determined by the place of birth, meaning "right of the soil."