US President Donald Trump has made headlines by signing an executive order aiming to revoke birthright citizenship, which currently grants automatic citizenship to children born in the US, even if their parents are not citizens. The order, titled “Protecting the Meaning and Value of American Citizenship,” has sent shockwaves through the Indian diaspora and other immigrant communities, who used to rely on this method for automatic citizenship.
The executive order specifies that children born in the US will no longer qualify for birthright citizenship if their parents are non-citizens and are in the country temporarily, such as on visitor or work visas mostly used by Indians. This change will take effect 30 days from the order’s issuance.
Impact on the Indian Community
This new rule is particularly concerning for over a million Indians stuck in a decades-long backlog for employment-based green cards. Currently, children born to parents waiting in this queue are granted US citizenship if they are born on American soil. This has been a relief for many families, as children who don’t qualify for citizenship face the challenge of self-deportation or switching to a different visa status, such as a student visa, upon turning 21.
With this order, families where the mother is temporarily in the US (on visas like H-4 or work visas) and the father is not a green card holder or US citizen will no longer see their children automatically granted citizenship.
Trump’s Argument on the 14th Amendment
President Trump’s executive order challenges the long-standing interpretation of the 14th Amendment, which guarantees citizenship to anyone born in the US. The order argues that the amendment was never intended to apply universally. It states that individuals who are not “subject to the jurisdiction” of the US, such as temporary visa holders or visitors, should be excluded from birthright citizenship.
“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,” read the Executive Order ‘Protecting The Meaning And Value Of American Citizenship’ signed by Trump.
Uncertain Future for Families
The move has left many Indian families and immigration advocates deeply worried. Birthright citizenship has been a lifeline for families navigating the green card backlog, offering stability for children born in the US. The revocation of this policy adds another layer of uncertainty to their lives. This policy shift is likely to face legal challenges as appeals have already been filed within a day against the Executive Order.
