Explained: How Trump's move to end birthright citizenship will impact over 1 million Indians in green card queue

Donald Trump

President Donald Trump's Presidential action (PO)- 'Protecting the meaning and value of American citizenship,' has forced the Indian diaspora to put on their thinking caps. More than the huge uproar among the Indian community, the order, expected to affect more than a million Indians who are currently in line for green cards comes as a rude shock.

Many believed that Trump's speeches during his campaign of ending 'citizenship by birth' would apply only to children of illegal immigrants. The prevailing thinking of many Indian families was that documented (legal) immigrants like H-1B holders, or those on other work visas would not be impacted. Monday's executive order comes as a big surprise.

Reading between the lines

Over a million Indians who are in a decades-long queue for an employment-linked green card will be impacted going ahead, as a child born in a family (thirty days from the date of executive order) where the mother is in America lawfully but temporarily (for example: as a visitor or on a non-immigrant visa – be it a dependent visa like H-4 or even a work visa) and the ‘father is not a green card holder or US citizen will not get American citizenship.

A TOI report says with Trump's plan of action becoming a reality it is likely to initiate a process of self-deportation. "Currently, those children who are not born in the US, and whose families are caught in the decades long green card backlog have to self deport on turning 21 or have to opt for another visa. Citizenship by birth at least gave Indian couples waiting endless queue for a green card a breather if their child was born on American soil," reads the report.

White House readout on 'Protecting the Meaning and Value of American Citizenship'

Trump's executive order points out that among the categories of individuals born in the United States and not subject to the jurisdiction thereof, the privilege of United States citizenship does not automatically extend to persons born in the United States: (1) when that person’s mother was unlawfully present in the United States and the father was not a United States citizen or lawful permanent resident at the time of said person’s birth, or (2) when that person’s mother’s presence in the United States at the time of said person’s birth was lawful but temporary (such as, but not limited to, visiting the United States under the auspices of the Visa Waiver Program or visiting on a student, work, or tourist visa) and the father was not a United States citizen or lawful permanent resident at the time of said person’s birth.

Trump's interpretation of the 'Fourteenth Amendment'

In an official readout, detailing the executive order on 'Protecting the meaning and value of American citizenship', the document says: But the Fourteenth Amendment has never been interpreted to extend citizenship universally to everyone born within the United States. The Fourteenth Amendment has always excluded from birthright citizenship persons who were born in the United States but not “subject to the jurisdiction thereof.” Consistent with this understanding, the Congress has further specified through legislation that “a person born in the United States, and subject to the jurisdiction thereof” is a national and citizen of the United States at birth, 8 U.S.C. 1401, generally mirroring the Fourteenth Amendment’s text."

How will the proposed birthright citizenship order impact Indians?

The executive order effectively revokes the automatic citizenship granted to children born to parents who are on temporary work visas (like H-1B) or those awaiting green cards. As of 2024, the US had a population of over 5.4 million Indian Americans, accounting for 1.47% of the nation's population. Approximately two-thirds are immigrants, while 34% are US-born, according to official data.

Longer wait time for Green card

Meanwhile, Indian immigrants, who are already facing long green card backlogs, would likely have to witness further delays if their children are no longer entitled to citizenship at birth.