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Context:
After being sworn in, U.S. President Donald Trump signed an Executive Order cancelling the provision of “citizenship by birth”, which could directly affect thousands of Indian professionals working in the U.S. under H-1B and other temporary visas, who hoped to raise their families there.
Citizenship in U.S.
There are two major modes through which the United States may grant a person the status of citizen.
- Jus Soli (Right of the Soil)
- It grants citizenship to an individual born within the territory of the United States.
- Jus Sanguinis (Right of Blood)
- One gets it if one or more parents were of the status US citizen at birth.
Birthright Citizenship in the United States
Assured by the 14th Amendment The first clause of the 14th Amendment to the US Constitution, which was adopted on July 9, 1868 assures birthright citizenship to people born in US territory, except for American Samoa.
- The Amendment declares
- All persons born or naturalized in the United States and subject to the jurisdiction thereof are citizens of the United States and of the State wherein they reside.
- Historical Context
- The 14th Amendment overruled the Dred Scott v Sandford 1857 decision which denied US citizenship to African Americans both enslaved and free.