If the court accepts and implements the provision introduced by the Trump administration that children born to parents who do not have citizenship or green cards will not receive citizenship at birth, it will also have an impact on Nepalis.
We use Google Cloud Translation Services. Google requires we provide the following disclaimer relating to use of this service:
This service may contain translations powered by Google. Google disclaims all warranties related to the translations, expressed or implied, including any warranties of accuracy, reliability, and any implied warranties of merchantability, fitness for a particular purpose, and noninfringement.
The debate over the decision on birthright citizenship in the United States has been prolonged. The case against the move by President Donald Trump's administration to advance a new provision on granting birthright citizenship has reached the Supreme Court.
President Donald Trump himself was present at the Supreme Court to hear oral arguments. This is the first time in US history that a sitting president has appeared at the Supreme Court to hear oral arguments. The court had been hearing a series of cases against the new decision on birthright citizenship, which overturned the constitutional provision of the 14th Amendment to the US Constitution that states that "anyone born within the territory or territories of the United States shall be a citizen of the United States."
The Trump administration had issued an executive order last year that would bar children born to parents who are not legal permanent residents (citizenship or green cards) from receiving citizenship, and had introduced a new provision related to birthright citizenship.
After a case was filed against the same move, a lower court had blocked the implementation of President Trump's decision, stating that it was unconstitutional. After the lower court blocked the government's decision, the Trump administration had requested the Supreme Court to clear the way for its decision to be implemented. President Trump himself was present to hear the arguments on Wednesday regarding the Trump administration's case, which reached the Supreme Court after the lower court's decision was not satisfactory. This is the first time in US history that a president has been present and heard oral arguments in a government-related case. During the arguments on Wednesday in the Supreme Court, Chief Justice John Roberts questioned the arguments of the government's lawyers and said that the directive advanced on the constitutional provision seemed 'unreasonable'. During the arguments, the justices questioned the legality of Trump's directive.
During the arguments, the justices claimed that the Trump administration was trying to narrowly interpret a clear provision in the Constitution. Justices Sonia Sotomayor and Elena Kagan also commented that the government's argument is inconsistent with the constitutional text and historical facts. The final decision in the case is expected to be made in two months, i.e. by the end of June. If the Supreme Court rules in favor of the government, about 250,000 newborns annually could be affected by their citizenship.
Solicitor General D. John Sauer, representing the government, said that uncontrolled birthright citizenship has encouraged illegal immigration and said that the government's steps to control it were right. He claimed that granting citizenship to children of those who are illegally residing or on temporary visas are against the spirit of the Constitution.
How will it affect Nepalis?
If the government decides in favor of birthright citizenship, Nepalis will also be affected. If the court accepts and implements the provision brought by the Trump administration that children born to parents who do not have citizenship or green cards will not receive birthright citizenship, it will also affect Nepalis.
Children born to Nepalis who have been living in the US for years without green cards or citizenship will also not receive birthright citizenship. According to preliminary estimates, more than 500,000 Nepalis are living in the US.
In addition, about 200,000 are on student visas. About 100,000 Nepalis are living in the US with green cards and other provisions without citizenship. It is estimated that these Nepalis will be affected.
