Trump’s Birthright Citizenship Order Will Impact 1 Million Indians In Green Card Queue
Photo: Reuters/Carlos Barri
India-West News Desk
WASHINGTON, DC – Indian Americans, along with other immigrant communities, have found themselves at the heart of a seismic shift in U.S. immigration policy, following President Donald Trump’s Executive Order on January 20, titled “Protecting the Meaning and Value of American Citizenship.” The order seeks to revoke birthright citizenship, which has historically granted automatic U.S. citizenship to children born on American soil, even if their parents are non-citizens.
This change will directly impact Indian families, particularly those on temporary visas, such as H-1B work visas or H-4 dependent visas, who have long relied on birthright citizenship as a safeguard for their children. Under the new order, children born in the U.S. to parents who are non-citizens and temporarily residing in the country—often in visa categories utilized by Indians—will no longer automatically receive U.S. citizenship.
More than a million Indians stuck in a decades-long green card backlog. For many of these families, the birthright citizenship of their children has offered a sense of stability. If this order is enacted, it will jeopardize the automatic citizenship status of children born in the U.S. to parents waiting for legal status, leaving these families in legal limbo.
In his order, President Trump challenges the long-standing interpretation of the 14th Amendment to the U.S. Constitution, which guarantees birthright citizenship. The Executive Order argues that the amendment was never meant to apply universally and suggests that individuals who are not “subject to the jurisdiction” of the U.S., such as temporary visa holders, should be excluded.
The executive order also seeks to curb birth tourism, a practice where foreign nationals travel to the U.S. to give birth in order to secure citizenship for their children. Indian families, along with Mexican families, are among those most frequently reported to engage in birth tourism.
Ram Sanatani
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I don’t think this will impact the children of parents with legal status, such as H1-B, H-4, etc. I think it only applies to the children of illegal status parents at the time of the birth. I hope that I am right and request other readers of this post to confirm this. Thanks.
January 21, 2025TruthBeTold
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One or both parents must have US citizenship or permanent resident status in order for a child born in the U.S. to qualify for U.S. citizenship. The type of visa status you mentioned are temporary status. Hope that helps
January 21, 2025Rajesh
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This would impact future born children ……. the order would block citizenship for all children born after Feb. 19, 2025, who don’t have at least one U.S. citizen or lawful permanent resident parent.
January 21, 2025FreePerson
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This will require a constitutional amendment. Unlikely to pass.
January 21, 2025Sammy
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Live in hope, die in despair
January 22, 2025pemba
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Trump wants to get rid of as many as possible people out of USA. Frankly speaking just, the handful of foreigners are here who are working, earning honest living, rest are chewing up social security, medical and Medicaid, they should be deported. Parents of H1 -b and H4, arrive here are burden to Social Security Services.
January 22, 2025PJI
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This is good. Educated and qualified Indians should stay in India and build India. No more brain drain to the West.
January 23, 2025PJI
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All those illegal immigrants who are a burden (free Medicaid, SSI…etc) should be deported from the US.
January 23, 2025Daljit (Dean) Singh
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The Federal District Court in Seattle, Washington has already declared the Executive Order signed by President Trump as unconstitutional. The appeal courts will certify in favor of the Fourteenth Amendment. All persons born in the United States and its territories are citizens of the country.
January 23, 2025