Under the new policy, children born in the US will no longer be recognised as citizens if their father is not a US citizen or lawful permanent resident, and their mother is either in the country illegally or present on a temporary visa, such as a student, work, or tourist visa.
The change, set to take effect in 30 days, targets automatic citizenship for children of parents unlawfully or temporarily residing in the country. Immigration advocates swiftly responded by filing a lawsuit on Monday evening, arguing that the move overturns more than a century of established US policy and legal interpretations.
What is Trump’s Birthright Citizenship order?
The executive order challenges the traditional interpretation of the 14th Amendment to the US Constitution, adopted in 1868 to clarify the citizenship status of formerly enslaved individuals. The amendment has been widely interpreted to grant citizenship to anyone born on US soil.
The 14th Amendment states that “all persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States.” Critics of birthright citizenship argue it should not apply to the children of illegal immigrants or to so-called “birth tourism,” in which people travel to the US toward the end of their pregnancy to ensure their child is born a US citizen.
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This interpretation was upheld in an 1898 Supreme Court decision, which ruled that a man born to Chinese immigrants with permanent residency in the US could not be denied citizenship.
Trump’s order turns on what birthright citizenship means to be “subject to the jurisdiction thereof.”
Here is what will change as Trump moves to end birthright citizenship
Who will not qualify for US citizenship?
Among the categories of individuals born in the United States and not subject to the jurisdiction thereof, the privilege of United States citizenship does not automatically extend to persons born in the United States:
1. When that person’s mother was unlawfully present in the United States and the father was not a United States citizen or lawful permanent resident at the time of said person’s birth, or
2. When that person’s mother’s presence in the United States at the time of said person’s birth was lawful but temporary (such as, but not limited to, visiting the United States under the auspices of the Visa Waiver Program or visiting on a student, work, or tourist visa) and the father was not a United States citizen or lawful permanent resident at the time of said person’s birth.
Who retains US citizenship?
Trump’s executive order specifies that for a child born in the US to gain citizenship,
– At least one parent must be a US citizen,
– A legal permanent resident (green card holder),
– Or a member of the US military.
Also, reports explain that babies born before the effective date of the order will retain their US citizenship as the order is not retroactive.
How will the proposed birthright citizenship order impact Indians?
During his election campaign, Trump argued that the existing birthright citizenship is being exploited, particularly by nationals of countries with high levels of immigration to the US, which includes India and China.
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The executive order effectively revokes the automatic citizenship granted to children born to parents who are on temporary work visas (like H-1B) or those awaiting green cards.
As of 2024, the US had a population of over 5.4 million Indian Americans, accounting for 1.47% of the nation’s population. Approximately two-thirds are immigrants, while 34% are US-born, according to official data.
Longer wait time for Green card
Meanwhile, Indian immigrants, who are already facing long green card backlogs, would likely have to witness further delays if their children are no longer entitled to citizenship at birth.
Legal challenges to Trump’s Birthright Citizenship order
Immigration advocates who filed a lawsuit in New Hampshire shortly after Trump signed the executive order say 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.”
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“But that is illegal. The Constitution and Congress — not President Trump — dictate who is entitled to full membership in American society.”
With inputs from agencies
