No more birthright citizenship in US: How Trump's executive order will impact Indians

Despite the far-reaching implications of the executive order, Trump’s push to end birthright citizenship faces significant legal challenges.

President Donald Trump, on Monday, signed an executive order aimed at ending birthright citizenship, a move that could significantly impact millions of immigrants, particularly within the Indian-American community. The order seeks to eliminate the automatic citizenship granted to children born in the US to non-citizen parents, marking a major shift in US immigration policy.

The executive action calls for children born in the US to acquire citizenship only if at least one parent is a US citizen, a legal permanent resident, or a member of the US military. The order also targets “birth tourism,” where foreign nationals travel to the US to give birth and secure US citizenship for their children.

President Trump has long criticised the practice, describing it as "ridiculous," and has made it a focal point of his broader immigration strategy. In a statement, he said, “We’re going to end that because it’s ridiculous.” He further underscored the need to curb illegal immigration, especially from countries with high levels of migration to the US, such as India and China.

Birthright Citizenship: What does the current law state?

Under current US law, as enshrined in the 14th Amendment to the Constitution, anyone born on US soil automatically acquires US citizenship. This provision, ratified in 1868, was designed to grant citizenship to all persons born in the US, regardless of their parents’ immigration status. The executive order signed by Trump, however, seeks to redefine the scope of the 14th Amendment, excluding children born to parents who are unlawfully present or on temporary visas.

The implications of this change would be significant, particularly for the Indian-American community, one of the fastest-growing immigrant populations in the US. According to the US Census, over 4.8 million Indian-Americans are living in the US, with a significant proportion born in the country. Once the policy is rolled out, children born to Indian nationals on temporary work visas, such as H-1B or those waiting for green cards, would no longer automatically gain US citizenship.

Key Impacts on Indian-American Families

Loss of automatic citizenship: Currently, a child born in the US to Indian parents, even if they are on H-1B visas, automatically receives US citizenship. Under the new executive order, only children born to US citizens or permanent residents would be eligible for citizenship, creating uncertainty for families who rely on this pathway to secure a future in the US.

Heightened delays for Green Card holders: A significant portion of the Indian-American population is stuck in the US green card backlog, with many waiting for years to gain permanent residency. Children born to Indian nationals on temporary visas, who currently acquire US citizenship, would no longer automatically do so. This change could add years to the process of obtaining US citizenship and create further family separations.

Challenges for family reunification: Family-based immigration allows US citizens to petition for their parents to join them in the country once they turn 21. Without birthright citizenship, many children born to Indian immigrants would no longer be able to sponsor their parents.

Birth tourism impact: The executive order also targets the growing issue of birth tourism, where foreign nationals travel to the US specifically to give birth and gain citizenship for their children. While this change may reduce birth tourism, it will also affect families who are not engaged in such practices but rely on birthright citizenship for family reunification and long-term residency.

Implications for Indian students: Indian students, who make up one of the largest groups of international students in the US, particularly in technology and engineering fields, could also be affected. Children born to Indian students on F-1 visas or other non-immigrant categories would no longer automatically receive US citizenship, creating more complications for students and their families in the future.

Despite the far-reaching implications of the executive order, Trump’s push to end birthright citizenship faces significant legal challenges. The 14th Amendment guarantees birthright citizenship, and any attempt to restrict it would likely violate the Constitution. Furthermore, the order has sparked widespread criticism from immigration advocates and legal experts who argue that it undermines fundamental US values.