Trump ends birthright citizenship: How will it affect Indians?
Updated: Jan 21st, 2025
US President Donald Trump, on Monday night, signed an executive order directing federal agencies to deny recognition of US citizenship for children born on American soil to parents who are in the country illegally or on temporary visas unless one parent is a US citizen or lawful permanent resident.
It states that children born under these circumstances will not be eligible for US citizenship, including passports, starting 30 days from its signing.
The order contradicts a long-standing legal consensus that the 14th Amendment of the Constitution guarantees birthright citizenship in the country.
This move, a long-term wish for the newly-elected President Donald Trump, is thought to be aimed at terminating the ‘birth tourism’, where immigrants fly to the US to deliver the baby, acquiring the US citizenship for the child.
Impact on Indians
The Indian immigrants, who make up for a significant number of immigrants, this would bring a slew of changes.
Not only the Indian workers, who are currently in the USA on H-1B or other work visas, their children born in USA would not acquire the automatic citizenship as they were earlier used to.
The move will also add to the already heightened waiting times for the green card, as the people devoid of birthright citizenship will also have to apply through other means.
The children who have birthright citizenship can also sponsor their parents in the US once they turn 21, however, this move will end such practices.
Not only H-1B holders, Indian students, especially in STEM (Science, Technology, Engineering, Mathematics), are the largest group of international students in USA, their children would also be prevented from the birthright citizenship due to this move.
Trump faces backlash
Hours after the order, a coalition of civil rights and immigration groups filed a lawsuit challenging the move, setting the stage for a major legal battle.
The American Civil Liberties Union (ACLU), several of its state chapters, and other organisations have filed a 17-page lawsuit in federal court in New Hampshire on behalf of immigration rights groups, arguing the order is unconstitutional and illegal.
“For plaintiffs -- organisations with members impacted by the order -- and for families across the country, this order seeks to strip from their children the 'priceless treasure' of citizenship, threatening them with a lifetime of exclusion and fear of deportation from the only country they have ever known,” the lawsuit states.
“But that is illegal. The Constitution and Congress -- not President Trump -- dictate who is entitled to full membership in American society.”
The lawsuit seeks to have the court declare the executive order unlawful and issue both temporary and permanent injunctions to block its enforcement.
Trump's order argues that the federal government should not "issue documents recognising United States citizenship" to children born on US soil to parents who are unlawfully or temporarily in the country. It specifies that the policy will apply to children born 30 days after the order's signing.
The ACLU's lawsuit warns that the order could render affected children stateless and create widespread fear and uncertainty. Attorneys for the coalition pointed out that some of the immigration groups' members are currently expecting children who could be impacted by the order.
The move aligns with Trump's immigration agenda but faces significant legal hurdles, as the 14th Amendment explicitly states, “All persons born or naturalised in the United States, and subject to the jurisdiction thereof, are citizens of the United States.”
The battle over the order is expected to escalate to higher courts, potentially reaching the Supreme Court.
(with inputs from syndicated feed)
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