Tuesday, February 4, 2025

The Aspiration for Equitable and Sustainable Accommodation for Students in Ireland

 Ireland encounters severe challenges to offer decent and affordable accommodation for all, hitting both international and domestic students particularly hard. Insufficient houses with essential facilities, high rent, poor living conditions, sudden evictions, cramped spaces etc often leave students struggling to find viable housing in cities in Ireland.

As Ireland’s universities increasingly rely on international tuition, there is an ethical imperative to ensure suitable accommodation for these students, who contribute significantly to both the educational system and the economy. A multifaceted approach involving universities, local and central authorities, and landlords is needed to address these challenges and to foster a more inclusive and supportive environment.

With rents soaring and frequently fluctuating, many students are forced into precarious living arrangements. Some landlords impose excessive fees and enforce strict conditions that complicate renting. There is also lack of effective regulation of these issues.

Inadequately maintained buildings, limited heating, and overcrowded spaces (often two or three students in a small room) lead to unhealthy living conditions. Moreover, these spaces may lack the necessary facilities to support a comfortable stay and attentive study.

It is quite understandable that building hundreds of houses along with facilities like schools, hospitals, groceries etc cannot be possible on a night like the crisis also doesn’t emerge overnight. Therefore, prioritising immediate solutions, initiating large-scale, practical, visible, and viable actions are expected from the concerned to overcome the situation. Schemes like first home wouldn’t be viable for students as they are not economically solvent to buy a house during studentship. Hence, I propose the following alternatives to address the housing crisis.  

Limited transport links to university areas prevent students from finding affordable housing in more remote or rural areas. Without a dependable shuttle arranged by the universities and visible effort by the transport management authority to make public transport more frequent, available and affordable; students are limited to high-rent areas near campus. Providing shuttle services between remote residential areas and the university would allow students to consider more affordable housing options outside city limits. Increased transportation routes and more frequent public transport services would make it easier for students to live further from campus, easing pressure on high-demand areas near the university. So, the authority concerned should take immediate initiative to divert renters proportionately to every corner of the city and county by enhancing present public transport services.

On the other hand, regular dialogues between students and university administration would allow students to voice concerns and propose actionable solutions. Because universities get new cohorts of students every semester while students come with aspirations and hopes to flourish themselves from various parts of the world. In many cases, they are unaware of the fact of extreme accommodation crisis in Ireland and other issues surrounding this. As a result, a lot of scams relating to property rent take place always in new ways. That’s why frequent activities like tricks and tips for house hunting are necessary for newcomers.

Most of the non-EU students come from different cultural contexts, so they also need to know the expectations of local landlords and get acquainted with Irish culture and tradition. Mere WhatsApp groups created by fellow students, some online platforms to search for rental houses and university accommodation services alone are not adequate to tackle the situation. Thus, a comprehensive and holistic approach is urgent to address this severe problem. University officials can use this platform to explain limitations while also working collaboratively to find practical solutions for decent accommodations.

Universities could commit to providing accommodation for non-EU students, given the high tuition fees they pay. In addition, allocating spaces specifically for international and visiting students would alleviate some of the pressures they face in the Irish rental market.

The government and university authorities together could offer benefits, such as tuition fee waivers for landlords with family members attending the university, as an incentive for them to rent to students at fair rates. Apart from tax credits, this policy would also encourage landlords to support student tenants more equitably.

Local authorities should establish standards for student accommodations to ensure safe, fair living conditions as students need a specific environment to continue their studies attentively. Universities and students could further collaborate with landlords to build positive relationships, potentially reducing cases of eviction or unreasonable demands. Moreover, universities must have some urgent housing to provide shelter to homeless and extremely vulnerable students.

Establishing volunteer programs where students assist elderly landlords or participate in community service could help foster better understanding between local residents and international students. Such a program would create a support network for students, especially those facing housing difficulties.

Organising cultural exchange events could help local landlords understand the value international students bring to Ireland’s cultural and economic landscape, potentially fostering greater goodwill and cooperation.

International students contribute significantly to Ireland’s economy, through tuition, manpower, intellectual input and by supporting local businesses. Their presence enriches the cultural fabric of the country, fostering diversity and global awareness. By addressing the housing crisis, Ireland can ensure that students feel welcomed and valued, which can increase student satisfaction, improve international enrolment rates, and enhance the country’s reputation as a centre of education.

Ireland’s housing challenges for international students demand immediate action. By fostering better university-student relationships, improving transportation options, incentivising landlords, and encouraging community integration, Ireland can create a supportive environment for students from around the world. Addressing this issue comprehensively will strengthen the country’s academic community and enhance the well-being of its students, ensuring that they can focus on their studies without the additional burden of precarious housing conditions.

Published on the Student Independent News (SIN) on 23 January 2025.

Saturday, February 1, 2025

From Jus Soli to Legal Battles: Unpacking the Origins, Legalities, and Future Implications of the US Birthright Citizenship

The ban on the US birthright citizenship (jus soli-right of the soil) by the 47th President of the United States Donald Trump is probably one of the most discussed topics at this moment across the globe. This means babies born on the US soil are no longer entitled to obtain citizenship automatically by birth.

Earlier President Donald Trump termed it as “birth tourism” and banned this century long constitutionally guaranteed right immediately after being sworn. He signed the directive called “Protecting the Meaning and Value of American Citizenship” on 20 January. However, the order would take effect in the following 30 days.

The Origin of the Birthright Citizenship in the USA

The US citizenship was mainly regulated by the laws of individual states since the independence of the country in 1776. Although the Supreme Court of the United States (SCOTUS) ruled that slaves brought to the US and their descendants could not be considered citizens in the Dred Scott v. Sandford (1857).

Nonetheless, the 14th amendment to the USA Constitution provides legal recognition of citizenship by birth and states ‘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’.

Afterwards, in United States v. Wong Kim Ark (1898), the SCOTUS held that laws passed by Congress cannot exclude persons born in this country from the operation of the broad and clear words of the Constitution. The SCOTUS decided regardless of the citizenship status of Wong’s parents, he was “subject to the jurisdiction” of the US and qualified for citizenship as a child born in the country, Justice Horace Gray wrote for the majority. Additionally, the court confirmed that “the American citizenship which Wong Kim Ark acquired by birth within the United States has not been lost or taken away by anything happening since his birth”.

Later in 1924, the Congress widened citizenship for all Native Americans born in the United States. The Immigration and Nationality Act of 1952 defined citizens and also recognized birthright citizenship. Subsequently in 1982, in Plyler v. Doe, the SCOTUS reaffirmed birthright citizenship for children of undocumented immigrants.

Exceptions to the Rule

Child born in the US to a foreign diplomatic officer with diplomatic immunity are not considered as the US citizen because they are not subject to the jurisdiction of the United States.

Moreover, in 2021, the SCOTUS declared that anyone born in American Samoa’s unincorporated territories are not automatically guaranteed birthright citizenship, unless Congress enacts legislation. Also, the baby of enemy occupiers – does not have the birthright citizenship.

The Contents of the Executive Directive

The order creates two groups of individuals born in the US who would not be entitled to get by birth citizenship automatically. Firstly, those whose mother was unlawfully present in the US and whose father was not a US citizen or lawful permanent resident at the time of the child’s birth; and secondly those whose mother was in the US on a lawful but temporary visa i.e as a student or tourist and whose father was not a US citizen or lawful permanent resident at the time of the birth.

The order relies on legal interpretation that the phrase “subject to the jurisdiction” of the US would not be applicable for the undocumented immigrants. Although Plyler v. Doe (1982) promulgated that according to the 14th Amendment, there was “no plausible distinction” between immigrants who entered lawfully and those who entered unlawfully as both were subject to the civil and criminal laws of the State they resided in.

Temporary Restraining Order by the Court

The US District Judge John C. Coughenour issued a ruling on 23 January in response to suit from a coalition of states — Washington, Arizona, Illinois and Oregon that temporarily restraining Trump’s order nationwide for next 14 days. The court called the order as blatantly unconstitutional to the 14th amendment. President Trump’s administration will challenge the restraining order.

The Consequences of the Order Abolishing Birthright Citizenship

Donald Trump claimed that the US is the only state offering birthright citizenship. Although more than 30 countries have the same system of acquiring citizenship including Argentina, Brazil, Canada, Mexico, Uruguay, Venezuela etc. On the contrary, more than 20 countries have reversed or rolled back their policies like the UK, Ireland etc. 

There were an estimated 11 million immigrants in the U.S. illegally in January 2022, a figure that some analysts now place at 13 million to 14 million. Their US-born children are considered by the government to have the US citizenship. 

This new presidential directive eliminating birthright citizenship if sustained from the court will affect immigrants and short-term visa holders. Citizenship status and associated issues of newborns would be affected from now. Furthermore, the president will get to decide who is subject to the jurisdiction of the United States and who is not.

Even if the Trump administration is unable to completely ban birthright citizenship of the children of certain immigrants for court’s intervention, officials have reportedly been exploring other ways to tackle the ‘birth tourism’. For instance, they could try to restrict short-term visas for pregnant travellers, so those travellers couldn’t give birth in the boundary of the US.

Birthright Citizenship for Foreigners in Bangladesh

Bangladesh does not recognize birthright citizenship under its citizenship laws. Section 4 of the Citizenship Act of 1951 stipulates that a person shall not be a citizen by birth if his father possesses immunity as an envoy of a sovereign power and is not a citizen of Bangladesh or his father is an enemy alien, and the birth occurs in a place then under occupation by the enemy.

Enemy aliens are people who do not recognize or refuse to recognize the sovereignty, territorial integrity and independence of Bangladesh and whose country of citizenship is, or was, at war with Bangladesh since the declaration of independence. However, citizenship of Bangladesh can be acquired by birth if the identity or nationality of the parents is unknown except children of enemy aliens born in Bangladesh, people residing illegally or refugees in Bangladesh. That is why, Rohingya babies and stranded Pakistani Bihari community’s children do not get citizenship of Bangladesh until 2008 when the High Court Division gave citizenship to stranded Pakistani Urdu-speaking people in Bangladesh in Md. Sadaqat Khan (Fakku) and Others v. Chief Election Commissioner, Bangladesh Election Commission.

Does Ireland Permit Birthright Citizenship?

A child born in the Republic of Ireland was an Irish citizen by birth until 31 December 2004 through the 19th Amendment of the Constitution of Ireland in 1998. However, subsequently, in 2004 the 27th Amendment of the Irish Constitution abolished the automatic right to citizenship by birth for anyone born in Ireland after 1 January 2005 and gave authority back to the Oireachtas (the Irish Parliament) to decide on laws about citizenship by birth.

Published in the Bonik Barta as Op-ed on 28 January 2025

Published in The Daily Star at Law and Our Rights page on 1 February 2025

Published on the Student Independent News (SIN) on 1 February 2025.

The Aspiration for Equitable and Sustainable Accommodation for Students in Ireland

  Ireland encounters severe challenges to offer decent and affordable accommodation for all, hitting both international and domestic student...