Trump's Executive Order Revokes Birthright Citizenship: Impact on Indian Immigrants
Team Finance Saathi
22/Jan/2025

What's covered under the Article:
- Trump's executive order revokes birthright citizenship, ending automatic US citizenship for children born to non-citizen parents.
- The move could severely impact Indian immigrants, including H-1B visa holders and families.
- The policy aims to curb birth tourism, further complicating family reunification and green card processing.
In a bold move that is set to impact the immigration landscape, US President Donald Trump has signed an executive order that revokes birthright citizenship, a provision that grants automatic US citizenship to children born in the United States to non-citizen parents. This order is among the first major decisions of Trump's return to the White House after his four-year term ended.
The executive order, titled 'Protecting the Meaning and Value of American Citizenship', targets birthright citizenship by excluding those born in the US to parents who are not legal residents or citizens. Specifically, the 14th Amendment, which has long been interpreted to grant citizenship to anyone born on US soil, has come under scrutiny. According to this order, individuals whose mothers were in the US illegally or on a temporary visa, and whose fathers were not US citizens or permanent residents, will no longer receive automatic citizenship.
This executive action stands in sharp contrast to the 14th Amendment's original intent, which was ratified in 1868 after the Civil War to ensure that all individuals born in the US were granted citizenship. Critics, including President Trump, believe that the birthright citizenship provision has been misinterpreted and needs reform. Trump and his supporters argue that it is necessary to impose stricter standards for acquiring US citizenship, especially when it comes to the practice known as birth tourism—where foreign nationals travel to the US to give birth and secure US citizenship for their child.
The potential impacts of this policy change are vast, particularly for Indian immigrants and Indian-American families. According to data, over 5.4 million Indian Americans make up about 1.47% of the total US population, with a substantial portion being immigrants. If Trump's order is implemented, Indian nationals residing in the US on temporary work visas such as the H-1B visa or tourist visas will no longer have children who automatically acquire US citizenship. This could significantly impact family reunification, as children born in the US typically have the ability to petition for their parents' green cards once they reach the age of 21. Without birthright citizenship, this process may become much more complicated, potentially leading to delays, family separations, and legal challenges.
Additionally, the executive order aims to address the growing concern of birth tourism, which could make it harder for foreign nationals to travel to the US for the sole purpose of giving birth to a US citizen. The policy may also affect those on Green Cards, causing longer wait times for processing their status as children will no longer be granted citizenship upon birth.
The broader ramifications of this order extend to the Indian-American community, which plays an essential role in various sectors of American society, from technology to education. Many families, who have been residing in the US on work visas, could face uncertain futures if this change to immigration law is enforced. For some, the opportunity for their children to become US citizens upon birth has been a significant factor in choosing the US as their place of residence. This move may discourage families from seeking to settle in the US and instead prompt them to consider countries with more favorable immigration policies, like Canada or Australia.
As the US immigration debate intensifies, this move is expected to become a key issue in the ongoing discourse surrounding immigration reform. It will also fuel legal challenges that could ultimately determine whether this order will stand or be reversed in the future.
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