‘Birth tourism’ and the US debate: Here’s how it’s handled across the world
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Donald Trump strongly pitched to nix the birthright citizenship, whereby anyone born in the US is automatically granted American citizenship, during his high-octane presidential election campaign. After becoming the 47th president of the US, he immediately signed an executive order to end birthright citizenship. Trump had also categorically stated that the US was the only country in the world with birthright citizenship. However, like many statements he made, this is also factually wrong. The US is not the only country that is following this policy.
Around 33 countries worldwide, including US neighbours Canada and Mexico, also offer birthright citizenship to children born within their borders regardless of the parents’ citizenship or immigration status. The ground reality is that most countries on the South American continent, including Argentina, Brazil, Chile, and Peru, also offer birthright citizenship. African countries such as Chad and Tanzania also follow the same policy.
Europe’s view
The European nations view citizenship through a different prism. A major chunk of European countries grant citizenship to babies born within their borders with the condition that one parent is the citizen of the country concerned. It may be noted that none of the countries in Europe promises birthright citizenship. Meanwhile, the parents can claim citizenship for their babies if they have stayed in some European nations such as Germany, Belgium, Ireland, Portugal and the UK for a stipulated period of time. The nations that offer citizenship to babies, provided at least one parent is a citizen of that country, including France, Luxembourg, the Netherlands, Portugal, and Spain. Belgium and Greece have stricter norms for citizenship compared to other European nations. Some countries, including Spain, have taken a stance on citizenship through the law prohibiting dual citizenship. A baby born in Spain is conferred citizenship if the baby is not a citizen of any other country.
How easy will it be for Trump?
Though Trump has vowed to end birthright citizenship, it is going to be a tall order for the US President. Presently, children of illegal immigrants, tourists, and people with student visas are granted birthright citizenship. Trump is of the opinion that the policy is being taken for a ride and that the procedure to grant citizenship should be stringent. Trump and his allies have also sparked a controversy by their ‘birth tourism’ remark. Birth tourism refers to the practice of women travelling to the US to give birth so that their children can become American citizens.
Any change in birthright citizenship can be effected only by amending the 14th Amendment of the US Constitution, which guarantees birthright citizenship to people born in the US. However, it’s not an easy task to incorporate policy changes. A two-thirds vote is required in both chambers of Congress to amend the Constitution; moreover, 75 per cent of the 50 states in the US should ratify the amendment. So, ending birthright citizenship is easier said than done.
Citizenship laws in India
It’s difficult for a person born in India, which provides single citizenship, to claim citizenship with the help of a passport or birth certificate. Children born in India before July 1, 1987, are Indian citizens. Those born between July 1, 1987, and December 2, 2004, will become Indian citizens if at least one parent is an Indian citizen. Children born after December 2, 2004, will become Indian citizens if both parents are Indian citizens or if one parent is an Indian citizen and the other is not an illegal migrant. The Citizenship (Amendment) Act of 2019 has reduced the naturalisation period from 11 years to five years. The act also provides an accelerated path to citizenship to certain minorities (Hindus, Sikhs, Buddhists, Jains, Parsis and Christians) from Afghanistan, Pakistan and Bangladesh who had arrived in India before December 31, 2014.