US birthright citizenship: After returning to the White House after four years, US President Donald Trump began his tenure by signing a series of executive orders on Monday. Among the most notable was an order revoking birthright citizenship, effectively canceling the provision of granting automatic US citizenship to children born to non-citizen parents.
The proposed end to birthright citizenship in the US could impact Indian professionals, students, and families, especially those on H-1B visas, Green Cards, or temporary visas. This change may discourage them from seeking opportunities in the US, prompting them to explore alternatives in countries like Canada or Australia with more favorable immigration policies.
What does Trump's order say?
Among the first few ‘Presidential Actions’ listed by the White House on its website, the order titled ‘Protecting the Meaning and Value of American Citizenship’ specifies that those who were born in the US “but not subject to the jurisdiction thereof” are excluded from birthright citizenship.
The order questions that the 14th Amendment extends citizenship automatically to anyone born in the United States. The 14th Amendment was born in the aftermath of the Civil War and ratified in 1868. It says. "All persons born or naturalized in the United States and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside."
Trump's order excludes the following people from automatic citizenship: those whose mothers were not legally in the United States and whose fathers were not US citizens or lawful permanent residents; people whose mothers were in the country legally but on a temporary basis and whose fathers were not citizens or legal permanent residents.
What is birthright citizenship?
Birthright citizenship means anyone born in the US is a citizen, regardless of their parents' immigration status. People, for instance, in the United States on a tourist or other visa or in the country illegally can become the parents of a citizen if their child is born here.
It's been in place for decades and enshrined in the 14th Amendment to the Constitution, supporters say. But Trump and allies dispute the reading of the amendment and say there need to be tougher standards on becoming a citizen.
How will it affect Indians?
The Indian-American community, one of the fastest-growing immigrant groups in the US, would be significantly affected by this change. As of 2024, over 5.4 million Indian Americans make up 1.47 per cent of the US population, with two-thirds being immigrants and 34 per cent born in the US, according to official data.
If Trump's order is implemented, children born to Indian nationals in the US on temporary work or tourist visas would no longer automatically acquire US citizenship. Additionally, the executive order seeks to end birth tourism, a practice where women travel to the US to give birth, granting their child US citizenship.
- Loss of automatic citizenship: Children born in the US to Indian parents, irrespective of their visa status, would no longer gain automatic citizenship.
- Longer wait times for green card holders: Indian immigrants, already facing substantial green card backlogs, would experience even longer delays if their children are no longer granted citizenship at birth.
- Impact on family reunification: US-born children may no longer be able to petition for their parents to join them after turning 21 if they do not receive birthright citizenship, potentially leading to family separations and added legal challenges.
- End of birth tourism: The policy seeks to curb birth tourism, the practice of women traveling to the US to give birth for citizenship benefits for their children.
(With agencies input)
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