By Asmita - Jan 21, 2025
Trump's executive order ending birthright citizenship impacts approximately 5 million Indian Americans and challenges the 14th Amendment by targeting children born to non-permanent residents, affecting Indian immigrant families. The order introduces strict restrictions on citizenship acquisition, leading to legal challenges and uncertain future for Indian immigrants in the United States.
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Trump Ends Birthright Citizenship: Shocking Impact on 5 Million Indian Americans and Immigration Policy. Donald Trump's first day as the 47th President of the United States marked a seismic shift in immigration policy with his executive order ending birthright citizenship. The order fundamentally challenges the 14th Amendment, which historically granted citizenship to all individuals born on US soil. According to the US Census Bureau, approximately 5 million Indian Americans currently reside in the United States, with only 34% being US-born. This new policy specifically targets children born to non-permanent residents, effectively preventing automatic citizenship for those whose parents are on temporary visas like H1-B, which predominantly impacts Indian immigrant families.
The executive order, titled "Protecting the Meaning and Value of American Citizenship," introduces stringent restrictions on citizenship acquisition. Children will only be granted US citizenship if at least one parent is a US citizen, green card holder, or military member. This dramatic policy change directly challenges the long-standing principle of jus soli (right of soil), which has been a cornerstone of American immigration law since 1868. For Indian families who have been using birth tourism as a pathway to citizenship, this order represents a complete shutdown of that strategy. The policy is expected to create significant uncertainty for millions of Indian immigrants working in the United States on temporary work permits.
Legal experts anticipate substantial challenges to the executive order, with the American Civil Liberties Union (ACLU) already filing lawsuits within hours of its signing. The constitutional validity of the order remains highly questionable, as the 14th Amendment explicitly states that "all persons born or naturalized in the United States" are citizens. Trump's administration argues that the amendment has never been interpreted to extend citizenship universally, focusing on a narrow interpretation of being "subject to the jurisdiction" of the United States. This interpretation could potentially affect hundreds of Indian-origin children born on US soil who would now be denied automatic citizenship.
The broader implications of this policy extend far beyond immediate citizenship concerns. It represents a significant disruption to immigration patterns, potentially affecting family reunification, educational opportunities, and long-term residency plans for Indian immigrants. With approximately 66% of Indian Americans being immigrants, the order creates unprecedented challenges for families navigating the complex US immigration landscape. The policy is set to take effect in 30 days, during which time legal challenges are expected to mount. For Indian families, this means increased uncertainty about their children's future status, potential complications in long-term settlement plans, and a complete reimagining of their American dream.