In a polarizing move early into his second term, US President Donald Trump has signed an executive order to revoke birthright citizenship— a constitutional provision that grants automatic citizenship to anyone born on US soil, irrespective of their parents’ immigration status.
The order, titled “Protecting the Meaning and Value of American Citizenship”, argues that children born in the US to non-citizen parents are “not subject to the jurisdiction thereof” and therefore do not qualify for birthright citizenship. This policy is set to be implemented within 30 days, pending guidance from federal agencies.
Indian-American Community Under Siege
The decision has sent shockwaves through immigrant communities, particularly among Indian Americans, one of the fastest-growing immigrant groups in the United States. Official data from the US Census Bureau highlights that over 5.4 million Indian Americans currently reside in the country, with two-thirds being first-generation immigrants.
The new policy could profoundly affect families on H-1B visas, Green Card holders, and even students and professionals on temporary visas. “Indians form the backbone of sectors like technology, healthcare, and education in the US. Revoking birthright citizenship will discourage Indian talent from seeking opportunities here,” said Varun Singh, Managing Director of XIPHIAS Immigration in New Delhi.
Under the new rule, children born in the US to parents who lack permanent resident status or US citizenship will no longer receive automatic citizenship. This includes children of temporary workers, international students, tourists, and undocumented immigrants.
Critics argue that the move could have far-reaching implications inlcuding Disruption of Family Dynamics that means US-born children of Indian parents will lose the right to petition for their family’s residency after turning 21. With more immigration-friendly policies in countries like Canada and Australia, Indian professionals may reconsider the US as a destination. The policy aims to curb the practice of “birth tourism,” where women travel to the US to deliver children who can then claim citizenship.
Legal Battle Looms Over the Constitutionality
The 14th Amendment of the US Constitution guarantees citizenship to all persons born or naturalized in the United States. Legal experts argue that the executive order contradicts this provision and long-standing Supreme Court precedents like United States v. Wong Kim Ark (1898), which upheld birthright citizenship for children born to non-citizens.
The American Civil Liberties Union (ACLU) and immigrant rights groups have swiftly filed lawsuits, accusing the Trump administration of bypassing constitutional mandates. “This order is unconstitutional, discriminatory, and sets a dangerous precedent for human rights abuses,” the ACLU said in a statement.
Amending the 14th Amendment requires a constitutional amendment, a daunting process that involves approval by two-thirds of Congress and ratification by three-fourths of state legislatures. Even as the order faces inevitable legal hurdles, Trump’s move has rekindled debates on immigration and national identity.
“This isn’t just about citizenship. It’s about the values that define America,” said immigration attorney Rachel Gomez. The revocation of birthright citizenship could diminish the US’s appeal as a global hub for education and work opportunities. Indian students, who constitute one of the largest groups of international scholars in the US, could face additional hurdles in securing residency for their children born in America.