US President Donald Trump puts a stop to birthright citizenship

US President Donald Trump began his tenure on Jan 20 with a flurry of major executive orders and directives covering topics ranging from energy to criminal pardons and immigration.

In the opening hours of on Jan 20, Trump signed an order declaring that future children born to undocumented immigrants would no longer be treated as citizens.

The decision could hurt millions of Indians in America who are living there on temporary visas.

Trump pardoned about 1,500 people who stormed the US Capitol in 2021, declared a national emergency at the US-Mexico border, withdrew the US from the Paris climate deal, designated criminal cartels as terrorist organizations, and also signed an order to end automatic birthright citizenship for children of non-permanent residents.

Indian-American lawmakers have opposed the executive order by Trump on changes in birthright citizenship, a move likely to hit not only illegal immigrants from around the world but also students and professionals from India.

The decision, set to take effect in 30 days, is also expected to be susceptible to a legal challenge. Immigration advocates in New Hampshire have already filed a lawsuit against it just hours after Trump signed the executive order to end birthright citizenship.

What is birthright citizenship?

Birthright citizenship is the legal principle that children acquire citizenship of the country in which they were born, regardless of their parents' nationality or immigration status.

The 14th Amendment to the US Constitution — adopted in 1868 after the Civil War to clarify the status of formerly enslaved people — has long been read as giving citizenship to nearly all babies born on US soil.

It says that “all persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States.”

In 1898, according to Bloomberg, a US Supreme Court judgment held that a man born in the US to Chinese parents who were permanent residents but ineligible for citizenship was nevertheless entitled to full legal status.

What does the order say?

Trump’s executive order declares that babies born in the US will not be recognized as citizens by his government once the order kicks in, provided neither parent is a US citizen.

The Trump administration argues that the 14th Amendment of the US Constitution has been wrongly interpreted and turns on what it means to be “subject to the jurisdiction thereof.”

"…But the Fourteenth Amendment has never been interpreted to extend citizenship universally to everyone born within the United States. The Fourteenth Amendment has always excluded from birthright citizenship persons who were born in the United States but not “subject to the jurisdiction thereof,” the order signed by Trump read.

Some conservatives in the US have argued that this language should be interpreted to exclude people who illegally enter the country, according to Bloomberg.

Impact on Indian-Americans

The order would extend even to the children of some mothers in the country legally but temporarily, such as foreign students or tourists.

Trump's executive order asserts that the children of such noncitizens are not " subject to the jurisdiction of the United States," and thus are not covered by the 14th Amendment's longstanding constitutional guarantee.

According to the latest Census, there are over 5.4 million Indians in the United States, making up approximately 1.47% of the US population. Two-thirds are immigrants, while 34% are US-born.

If Trump's move is implemented, children born to Indian citizens who are living in the country on temporary work visas or tourist visas would no longer automatically receive citizenship.

The executive order also aims to end the practice of birth tourism in the country. Birth tourism refers to a practice where a woman travels to the United States to have a child in the country, who would automatically get US citizenship.

Mexican and Indian families are reportedly among the highest percentage of people who use this route to get automatic citizenship for their children.

Indian-American Congressman Ro Khanna said changes in birthright citizenship as done through the executive order would impact newborn babies of not only illegal and undocumented immigrants but also those staying in this country legally like on H-1B visas.

The H-1B visa is a non-immigrant visa that allows US companies to employ foreign workers in specialty occupations that require theoretical or technical expertise.

Technology companies depend on it to hire tens of thousands of employees each year from countries like India and China.

"Trump's order removes birthright citizenship for children born in the US not just to undocumented parents but to 'lawful' immigrants who are temporarily on a student visa, H1B/H2B visa, or business visa. So much for the pretense that the Republicans are for legal immigration," Khanna said.