The US administration has announced new measures to tighten birthright citizenship rules as part of its broader immigration agenda. The latest directive expands the list of people whose US-born children may not automatically qualify for American citizenship and aims to curb birth tourism. 

Birthright citizenship allows most children born on US soil to receive American citizenship at birth. The administration has long argued that the policy has been misused by some foreign nationals and has repeatedly called for tighter restrictions. 

New Birthright Citizenship Restrictions 

Under the new order, children born in the United States may not automatically receive US citizenship if their parents fall into certain newly identified categories.

The administration says the restrictions apply to:

• Parents linked to foreign terrorist organizations.
• Foreign government employees serving in the United States.
• Individuals who obtained US citizenship through fraud or other illegal means. 
• Foreign nationals who traveled to the US primarily to give birth so their child could obtain American citizenship, a practice commonly known as birth tourism.

The White House says the changes are intended to prevent the misuse of US citizenship laws and to strengthen immigration enforcement. 

Legal Challenges to the Birthright Citizenship Order 

The US administration previously attempted to limit birthright citizenship through executive action. Those efforts faced legal challenges, and the US Supreme Court blocked the policy from taking effect nationwide while related legal issues continued. 

Legal experts say the president can make certain policy changes related to immigration and citizenship procedures. However, they note that the US Constitution and existing court rulings place limits on executive authority over birthright citizenship.

According to constitutional experts, once a child is born in the United States, the president cannot unilaterally revoke or deny citizenship if the child is otherwise protected under the Constitution. The Supreme Court has previously indicated that executive authority in this area is limited.

Ongoing Debate Over Birthright Citizenship 

The latest directive is likely to face legal scrutiny, particularly over its compatibility with existing constitutional protections and previous court decisions. Birthright citizenship remains a closely debated issue in the United States, and further legal challenges are widely expected. 

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The US Supreme Court has delivered a landmark verdict on birthright citizenship. In a 6-3 ruling, the court rejected an executive order issued by the US administration that sought to restrict automatic US citizenship for certain children born in the country. 

The decision is especially important for Indian students, professionals, and families living in the US. It protects the citizenship rights of children born to parents on temporary visas, as well as undocumented immigrants. For thousands of Indians waiting years for green cards, the ruling removes a major source of uncertainty.

Background of the Case 

The executive order, signed on the first day of the second administration, sought to deny automatic US citizenship to children born in the country if their parents were: 

• Living in the US illegally.
• Staying in the country temporarily, including tourists.

However, the Supreme Court ruled that birthright citizenship cannot be restricted through a presidential executive order. The constitutional protection remains in force.

Supreme Court’s Legal Reasoning Behind the Decision 

Chief Justice John Roberts wrote the majority opinion. The court said the long-standing interpretation of the Fourteenth Amendment remains valid. It held that anyone born in the United States is a citizen, with only very limited exceptions. The judges concluded that this constitutional guarantee cannot be removed through executive action.

Court’s Split Decision 

Not all judges agreed with the decision. Justices Samuel Alito, Neil Gorsuch, and Clarence Thomas dissented. Justice Thomas argued that the Fourteenth Amendment was originally intended to secure equal rights for formerly enslaved Black Americans. He said it should not be interpreted to support broader citizenship claims.

Impact on Indian Immigrants in the US 

The verdict has a direct impact on the Indian community in the United States. Thousands of Indians are in the country on:

• H-1B work visas.
• L-1 intra-company transfer visas.
• F-1 student visas.

Many of them have been waiting for employment-based green cards for years. Some have waited for decades. The court’s decision means children born in the US to these families will continue to receive American citizenship at birth. The protection also covers children born to undocumented Indian immigrants living in the United States.

Size of the Indian immigrant population in the US

India has one of the largest immigrant populations in America. According to available data:

• Around 3.2 million documented Indian immigrants live in the United States.
• Indians are the second-largest immigrant community in the country.
• Indians are also the third-largest undocumented immigrant population, after migrants from Mexico and El Salvador.
• About 725,000 undocumented Indians currently live in the US.

These numbers explain why the ruling is closely watched by Indian families.

Key Takeaway from the Verdict 

The ruling provides legal certainty for thousands of Indian families living in the United States. Parents may still face long waits for green cards. But their children born on American soil will continue to receive US citizenship. For many Indian professionals, students, and immigrants, the Supreme Court’s decision protects a right that could shape the future of the next generation.

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Canada has made a significant update to its citizenship law. This change allows many Americans with Canadian ancestry to potentially obtain Canadian citizenship. It is not a new immigration program, but a correction to ancestry-based citizenship rules, also known as citizenship by descent. The change took effect on December 15, 2025, under recent amendments to the Citizenship Act.

Who Qualifies Under the New Citizenship Rules

Canada’s citizenship-by-descent system was updated under Bill C-3, changing how eligibility is determined based on generation, parental residency, and the date of birth or adoption. 

• First, there was a rule called the first-generation limit, which meant Canadian citizenship by descent could usually be passed only to the first generation born outside Canada.
• Second, Bill C-3 changes this system by removing the first-generation limit in certain situations, allowing more second-generation individuals born abroad to qualify.
• Third, there is a 1,095-day residency requirement that applies when a child is born or adopted outside Canada in the second generation or later. In these cases, the Canadian parent must have lived in Canada for at least three years before the child’s birth or adoption.
• Fourth, there are timing-based rules that depend on whether a person was born or adopted before or after December 15, 2025. These rules determine whether someone is automatically recognized, must meet the updated eligibility requirements, or has their status assessed under the revised framework.

In addition to these rules, adopted individuals are handled through a direct grant process, and separate administrative rules apply to people affected by earlier court-related applications.

Increase in Citizenship Applications

Following the change to Canada’s citizenship by descent rules, there has been a noticeable rise in interest and applications since the updated rules came into effect.

Immigration professionals in both Canada and the United States have reported an increase in inquiries about eligibility for Canadian citizenship by descent. There is also a higher demand for help in collecting historical documents, such as birth, marriage, and lineage records that are needed to prove Canadian ancestry. Citizenship by descent applications have increased, contributing to larger backlogs within Immigration, Refugees and Citizenship Canada (IRCC).

IRCC aims to complete approximately 80 percent of citizenship applications within about 12 months. Citizenship certificate applications are often processed faster, with many currently taking around 10 months, depending on how complex the case is and how many applications are in the system. Officials and policy discussions indicate that tens of thousands of applications are expected to be affected overall by the Bill C-3 changes, based on prior similar citizenship law updates. 

For some applicants, this change also increases interest in dual citizenship, particularly among individuals who already hold or are eligible for citizenship in another country.

Citizenship Application Process and Fees

Applying for a citizenship certificate (proof of citizenship) involves government fees, along with possible additional costs related to documentation, such as obtaining records, translations, or notarization where required.

• The government application fee is CAD $75 per person for a citizenship certificate (proof of citizenship).
• This fee is non-refundable once processing begins, even if the application is refused. 
• Applicants may also have additional costs depending on their situation, such as:
  • Obtaining official documents like birth, marriage, or death certificates from local authorities
  • Paying for translations or notarization of foreign documents (if required)
  • Optional legal or immigration consultant services for application support
• Many applicants complete the process on their own by using IRCC’s official online guides and forms, without needing to hire professional help. 
• Payment is typically made online, and a receipt must be included with the application.

Note: The core government fee is relatively low, at approximately CAD $75. However, the total cost may vary depending on the complexity of obtaining supporting documents and whether professional assistance is required. 

FAQs

Does the USA allow dual citizenship?
Yes. The United States allows dual citizenship. U.S. law does not require citizens to choose between U.S. citizenship and another country’s nationality. The U.S. government recognizes that people can legally hold more than one nationality at the same time.

Will I lose U.S. nationality if I become a citizen of another country?
No. A U.S. national generally does not lose their status simply by becoming a national of another country. There is no requirement to renounce U.S. nationality when acquiring another nationality.

Can a non-U.S. national keep their original status after becoming American?
Yes, in many cases. The United States allows dual nationality, but whether a person can keep their original nationality depends on the laws of their home country. Some countries allow it, while others require renouncing the original nationality.

Does the U.S. require you to give up your foreign nationality during naturalization?
No. U.S. naturalization includes an oath of allegiance, but it does not legally require you to give up your previous nationality. However, your home country may have different rules and could require you to renounce your original nationality.

Can dual nationals use both passports?
Yes, dual nationals can use both passports, but there are rules. You must use a U.S. passport when entering or leaving the United States. Other countries may also require you to enter and exit using their own passport if you are also a national of that country.

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