Trump 2.0 quick in action hitting immigration
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An accurate weather forecast helped thousands to escape the wildfires in Los Angeles . The predictions were next to accurate, thanks to the meteorologists of America. But on the other hand, one can’t predict what their newly sworn-in President would say or act in days to come. Hence no one would call it a bolt from the blue when his scary orders hit headlines. They are not just alarming but destabilising altogether. And it is not just the UN bodies but the very lives of families that face unprecedented challenges through bizarre legislations or executive orders, the latter having started flowing in with ominous portents.
The undocumented people from Latin American countries, that number five million are now between the devil and the deep sea, when their hope for a comfortable life in US has been shattered by the stringent immigration laws signed by Mr Trump.
No less ominous is the plight of the immigrants from Asian countries including India. An estimated 7.2 million Indians are on the verge of imminent deportation due to the new rules on immigration.
Birth right Citizenship
More dire consequences are foreseen in the issue of birthright citizenship. This will directly affect the lives of thousands of Indians, the majority of them Keralites resident in America.
Birth right citizenship in America has a long history of 150 years. United States grants automatic citizenship to anyone born on US soil, codified in the 14th Amendment of the Constitution. It reads like this:
‘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. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.’
This section is known as the Citizenship Clause and the Equal Protection Clause. It’s also called Jus Soli in Latin, which means right of the soil. It means birth right citizenship. 33 countries accord similar birth right citizenship and the only criterion is that he or she should be born in the jurisdiction of that country.
In 1898, A child born to Chinese immigrants , was a bone of contention in the history of citizenship rights of the United States. To America, China was, and for most purposes is, a hostile country . Hence birth rights citizenship can’t be allowed,so went the claims.
But the US Supreme Court in its landmark judgment ordered granting citizenship citing the 14th Amendment’s Citizenship clause.
Now this is attempted to be overturned in yet another order, and that not from the court, but from the President. Since the executive order runs afoul of the parent legislation, the petitions filed promptly against the new order were challenged in the Seattle court and the court has stayed the order for 15 days.
No doubt, the decision if implemented would unsettle the lives and ambitions of thousands of families. Either they have to return home or find another country to migrate.
Why the policy shift
Immigration and citizenship are burning issues in many countries including USA. Quite in line with a right wing white nationalist, Trump is a vocal opponent in granting room for immigrants. It’s an equally hot topic in many European countries like UK , France, Italy and Germany where immigrants form a good chunk of the population and more are in the line.
Actually the history of migration dates back to centuries. Communities and groups moved from one place to another looking for better life which resulted in exchanges of civilisation, culture, manpower enhancement, and availability of expertise, depending on the kind of immigrants. The annals of the human history is studded with examples of migration seen in all parts of the world.
The reemergence of right wing nationalism or neo-Nazis in Europe and Amerca are already seen as a potential threat to the minorities, migrants and liberal thoughts. The USA had not reached a stage of taking action on that score, until Trump came first with his threats and now with his (attempted) action.
The message is also clear from the profile of invitees at Trump’s inauguration. Giorgia Melony of Italy and Javier Melei of Argentina, are both right wing libertarians and ultra conservatives. Meloni once even represented the fascist party of Mussolini. Thats how it goes.
What next
The policy of citizenship can be challenged again in the courts. The US President of the United States has the privilege to issue an order without the Congressional consent, but it was rarely used by the Presidents in the past.
The pertinent question for the Indian community in America is how it will affect those longing for US citizenship. Usually the people from Asian countries reach the US on H1B visa that allows thousands of IT professionals to work in America and bring their spouses in. They plan to eventually settle there either on a green card meaning permanent residence or citizenship. The birth of a child would automatically bring citizenship to the child and in turn the parents can also live with them. In a way, it is a bridge to the permanent settlement in that country.
The second coming of Mr Trump has axed the very foundation of that bridge - a poll promise from him to his right wing nationalists.