Indian-American lawmakers have strongly opposed US president Donald Trump’s new executive order seeking to curtail birthright citizenship, a move that could significantly impact immigrants, including professionals and students from India.
On Monday (20), in the opening hours of his second presidential term, President Trump signed an executive order declaring that children born to undocumented immigrants would no longer be granted automatic US citizenship.
The order also affects children born to legal immigrants temporarily residing in the US, such as foreign students, H-1B visa holders, or tourists.
The executive order asserts that these children are not “subject to the jurisdiction” of the United States, thereby excluding them from the 14th Amendment’s constitutional guarantee of citizenship by birth.
Indian-American Congressman Ro Khanna criticized the executive order, highlighting its broader implications:
“Trump’s order removes birthright citizenship for children born in the U.S. 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 pretence that the Republicans are for legal immigration,” Khanna said.
Khanna emphasized the significance of the H-1B visa program, which benefits highly skilled professionals, particularly from India. The program facilitates U.S. companies hiring workers in specialized fields, and Indians consistently receive the majority of these visas—650,000 annually, with an additional 20,000 reserved for those with advanced U.S. degrees.
Indian-American Congressman Shri Thanedar vowed to fight the executive order, stating, “No matter what Donald Trump says or does, birthright citizenship has and will be the law of the land. I will fight to protect it at all costs.”
Donald Trump’s attack on birthright citizenship is not only appalling, it’s also unconstitutional.
As Americans, we must reject a man who thinks he can pick and choose parts of the Constitution he agrees with like he’s at the buffet.
— Congressman Shri Thanedar (@RepShriThanedar) January 21, 2025
Congresswoman Pramila Jayapal described the order as unconstitutional:
“Plain and simple, this is unconstitutional and cannot be done with the stroke of a pen. If enacted, it would make a mockery of our country’s laws and the precedents set in the Constitution.”
15 years ago today, the Supreme Court handed down a disastrous decision in Citizens United, allowing dark money to flood our elections and billionaires to take over our government.
A decade and a half later, it’s time to reverse this ruling.
— Rep. Pramila Jayapal (@RepJayapal) January 21, 2025
The executive order, set to take effect on February 19, 2025, stipulates that newborns will not receive US citizenship unless one parent is either a U.S. citizen or a lawful permanent resident.
A coalition of immigration rights groups has already filed lawsuits challenging the order’s constitutionality. Attorneys general from 22 states have also taken legal action, filing suits in two federal courts to block the order.
Eighteen states, along with San Francisco and Washington D.C., have challenged the order in the Federal District Court in Massachusetts, arguing that the 14th Amendment guarantees automatic birthright citizenship. Four other states filed a separate lawsuit in Washington’s Western District.
New Jersey Attorney General Matthew Platkin said, “President Trump’s attempt to unilaterally end birthright citizenship is a flagrant violation of our Constitution.”
California Attorney General Rob Bonta echoed this sentiment: “The President’s executive order attempting to rescind birthright citizenship is blatantly unconstitutional and, quite frankly, un-American.”
Ajay Bhutoria, a Biden White House Commissioner and Deputy National Finance Chair for the Democratic Party, also condemned the executive order:
“This executive order is not only unconstitutional but also undermines the values of equality and justice that define America,” he said.
Bhutoria urged South Asian and immigrant communities to unite against policies that threaten constitutional principles:
“We must work together to ensure that these divisive and unconstitutional actions do not succeed.”
Trump’s executive order, which faces significant legal and political opposition, has sparked widespread concerns about its potential impact on immigrant families. Critics argue that it undermines the constitutional values of equality and justice, setting the stage for a prolonged legal battle to uphold birthright citizenship as an integral part of American identity.
