US IMMIGRATION: Donald Trump, serving his second term as the 47th President of the United States, has introduced a sweeping change to immigration policies with an Executive Order  (EO)ending birthright citizenship. This controversial decision means that children born on U.S. soil will no longer be granted automatic citizenship unless at least one parent is a U.S. citizen, a lawful permanent resident, or a military member.

The move could significantly impact immigrant communities, including the rapidly growing Indian-American population, by creating legal uncertainties and logistical challenges.

What is Birthright Citizenship?

Historically, the 14th Amendment, adopted in 1868, ensured that anyone born in the United States automatically became a citizen, regardless of their parents’ immigration status. This principle was established to guarantee equal rights for all individuals born on American soil.

Trump’s executive order seeks to narrow this right, arguing that it will deter illegal immigration. Critics, however, see it as an attack on immigrant rights, with potentially far-reaching consequences.

How Does This Affect the Indian-American Community?

With over 5.4 million Indian-Americans in the U.S., this policy shift could lead to significant challenges for one of the country’s largest immigrant groups.

Loss of Automatic Citizenship

Children born to Indian parents, especially those on temporary work visas like H-1Bs or awaiting green card approvals, would no longer qualify for U.S. citizenship at birth. This change could leave thousands of families uncertain about their children’s legal status.

Prolonged Green Card Delays

Indian immigrants already face long waits for green cards due to backlogs. Removing birthright citizenship could add further complications, impacting families and future generations.

Obstacles to Family Reunification

Currently, U.S.-born children can sponsor their parents for legal residency once they turn 21. Eliminating this pathway could separate families and complicate their legal standing in the country.

Reduced Appeal for Skilled Workers and Students

Many Indian professionals and students in the U.S. on temporary visas may reconsider moving to or staying in the country if they cannot secure citizenship for their children born here.

End of BIRTH TOURISM

The executive order further aims to remove BIRTH TOURISM, where foreign nationals travel to the United States to give birth, ensuring citizenship of their  children. While not a widespread practice among Indian immigrants, the broader policy implications could still affect the community.

Legal Battles and Uncertainty Ahead

This executive order is expected to face legal challenges, as altering a constitutional right typically requires a formal amendment. Past Supreme Court rulings, such as United States v. Wong Kim Ark (1898), upheld birthright citizenship for children of non-citizens. Advocacy groups argue that the executive order cannot bypass constitutional protections without going through a proper amendment process.

The Impact on Indian-American Families

For Indian-Americans, this policy creates substantial legal and emotional hurdles. Families may struggle to prove citizenship for their children, navigate the already complex green card process, and maintain family unity. Additionally, the unpredictability surrounding U.S. immigration laws could discourage talented professionals and students from choosing the country as their destination.

This executive order marks a major shift in U.S. immigration policy, sparking debates about its fairness, practicality, and alignment with constitutional principles. As legal battles unfold, Indian-American families and other immigrant communities will closely monitor developments, hoping for greater clarity and stability.