Indian Couple in San Jose Faces Uncertainty Over Child’s Citizenship Due to Trump’s Executive Order
Neha Satpute and Akshay Pise, an Indian couple living in San Jose, California, were eagerly preparing for the arrival of their first child. Both engineers on H-1B visas expected their son, due on February 26, to be granted American citizenship at birth.
Having spent over a decade working in the US, they had built a stable life with supportive employers and a clear future.
However, President Donald Trump’s recent executive order, which seeks to deny automatic US citizenship to children of temporary foreign workers, has put their plans—and those of thousands of others—into uncertainty.
Previously, birthright citizenship was guaranteed regardless of parents’ immigration status, but the new order challenges this precedent. Although two federal judges have temporarily blocked the ruling, the possibility of it being upheld in a higher court has left many immigrant families anxious about their children’s nationality status.
“This impacts us directly,” said Akshay. “If the order takes effect, we don’t know what comes next—it’s uncharted territory.” The couple’s primary concern is whether their child will have US citizenship, as no provision exists in American law for granting non-immigrant status to children born in the country.
With their due date approaching, the couple consulted their doctor about an early delivery. The response was cautious: while induction in the 40th week was medically possible, they opted to wait. “I want the natural process to take its course,” said Neha, while Akshay added, “My priority is a safe delivery and my wife’s health. Citizenship comes second.”
Trump has long advocated for the end of birthright citizenship, stating that children of undocumented migrants and temporary workers should not automatically become US citizens. His latest order reiterates this stance, though legal challenges are already mounting.
Dr. Satheesh Kathula, president of the American Association of Physicians of Indian Origin (AAPI), has noted concerns about parents potentially seeking early C-sections to ensure their child’s citizenship.
However, he reassured that most doctors in the US adhere to strict medical laws and would not perform unnecessary preterm C-sections. “Our physicians are ethical and won’t perform them unless medically necessary,” he said.
Indians constitute the second-largest immigrant group in the US, and policy analysts warn that this order disproportionately affects them. “If enforced, none of their future US-born children would get citizenship,” said immigration policy analyst Sneha Puri.
Trump’s executive order does not affect children of lawful permanent residents, but Indians face the longest waiting period of any nationality to obtain a green card. Current US immigration policies limit green card allotments to 7 per cent per country annually.
As a result, Indian applicants can wait decades—some even a lifetime—for permanent residency. The Cato Institute estimates that 1.1 million Indians were in the employment-based green card backlog in 2023, with new applicants facing a wait of over 20 years.
“If implemented, Trump’s executive order would also impact undocumented migrants, whose US-born children have traditionally gained citizenship and later sponsored their parents for green cards,” said policy analyst David Bier. Pew Research estimates that as of 2022, there were around 725,000 undocumented Indian immigrants in the US, making them the third-largest group.
For H-1B visa holders, the ruling raises significant concerns about their children’s future. Such visa holders frequently leave the US for visa stamping, facing lengthy delays. “We have been here for more than 10 years.
As I see my parents getting older, it’s very important for me to have citizenship. Traveling becomes tricky for us with coordinating visa stamping timings, and now with my baby, it might be more difficult,” Akshay explained.
Many US physicians oppose Trump’s order, arguing that foreign skilled workers, particularly doctors, are vital to the country’s healthcare system. “Indian doctors in rural areas such as North and South Dakota are crucial. Without them, healthcare would collapse. Now, they’re in limbo about starting families,” said Dr. Kathula, calling for an expedited green card process and birthright citizenship rights for these workers’ children.
Expecting Indian parents, especially those on student and work visas, are left scrambling for clarity on what to do next. Priyanshi Jajoo, a San Jose resident due in April, is confused about the next steps. “Do we need to contact the Indian consulate for a passport? Which visa applies? There’s no information online,” she said.
Neha and Akshay, counting down to their son’s birth, find the uncertainty overwhelming. “Pregnancy is stressful enough, but we thought after a decade here it would get easier—then this happens on top of everything,” Neha said.
“As legal, tax-paying immigrants, our baby deserves US citizenship—it’s been the law, right?” Akshay added, echoing the concerns of thousands of others affected by the order.
