In a controversial move marking his return to the White House, US President Donald Trump signed an executive order on January 20, initiating the process to end birthright citizenship.
This executive order challenges over a century of established legal interpretations, targeting automatic citizenship for children born in the United States to parents lacking permanent legal status.
Under the new directive, children born in the US will no longer qualify as citizens if their father is not a US citizen or lawful permanent resident, and their mother is either unlawfully present in the country or temporarily in the US on visas such as student, work, or tourist permits.
The policy is set to take effect 30 days after its announcement, igniting widespread debates and swift legal challenges.
The Executive Order and its Implications
The order directly contests the interpretation of the 14th Amendment to the US Constitution, which has been understood since 1868 to grant citizenship to anyone born on American soil. The amendment was originally intended to clarify the citizenship status of formerly enslaved individuals. Its language states:
“All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States.”
Trump’s directive argues that the phrase “subject to the jurisdiction thereof” does not extend to children of undocumented immigrants or those born through “birth tourism.” The Supreme Court upheld birthright citizenship in an 1898 case involving a man born in the US to Chinese immigrant parents with permanent residency.
Who Will Lose Citizenship Rights?
According to the executive order, children born in the US will not automatically qualify for citizenship if:
- The mother was unlawfully present in the US, and the father was neither a US citizen nor a lawful permanent resident at the time of birth.
- The mother was lawfully present in the US on a temporary visa (student, work, or tourist), and the father was not a US citizen or lawful permanent resident.
The order also specifies that children born before the policy’s effective date will retain their citizenship, as the directive is not retroactive.
Who Retains Citizenship Rights?
To gain US citizenship under the new rules, at least one parent must meet one of the following criteria:
- Be a US citizen.
- Be a lawful permanent resident (green card holder).
- Be an active member of the US military.
Impacts on Indian-American Families
The executive order is expected to have significant consequences for Indian families in the US. During his election campaign, Trump frequently cited countries with high immigration levels, including India and China, as key exploiters of birthright citizenship.
Indian immigrants, many of whom hold temporary work visas like the H-1B, are particularly affected. The executive order effectively denies automatic citizenship to their US-born children, potentially exacerbating challenges for families already navigating long green card backlogs.
As of 2024, the Indian-American community comprised over 5.4 million people, or 1.47% of the US population. Among them, two-thirds are immigrants, while 34% are US-born. The new policy could place additional strain on Indian families awaiting permanent residency or green card approvals.
Legal Challenges and Advocacy
Immigration advocates swiftly responded by filing a lawsuit in New Hampshire, calling the executive order unconstitutional. Critics argue that the president lacks the authority to alter citizenship provisions, which are defined by the Constitution and Congress.
The lawsuit claims, “The order would threaten children and their families with a lifetime of exclusion from society and fear of deportation from the only country they have ever known. But that is illegal. The Constitution and Congress — not President Trump — dictate who is entitled to full membership in American society.”
Broader Implications for Immigration Policy
The policy has reignited debates over the US immigration system and its treatment of immigrant communities. Trump has positioned this move as part of his broader efforts to reform immigration and address alleged abuses of the system. However, critics view it as a step toward undermining the rights of immigrant families and children born on US soil.
As the policy faces legal challenges, its future remains uncertain. For now, it signals a shift in the interpretation of the 14th Amendment and the broader US approach to immigration.
