On his first day in office, U.S. President Donald Trump signed several significant executive orders addressing issues such as immigration, energy, criminal pardons, and national security. Among these actions, Trump issued pardons for approximately 1,500 individuals involved in the January 6, 2021, Capitol riots, declared a national emergency at the U.S.-Mexico border, withdrew the United States from the Paris Climate Agreement, and designated criminal cartels as terrorist organizations. Additionally, he signed a controversial order ending automatic birthright citizenship for children of non-permanent residents.

Ending Birthright Citizenship: A Major Policy Shift

The executive order to terminate automatic birthright citizenship marks a dramatic shift in U.S. immigration policy, potentially affecting millions of individuals, including many Indian immigrants living in the U.S. on temporary visas. This decision, which is set to take effect in 30 days, is already facing legal challenges. Immigration advocates in New Hampshire filed a lawsuit within hours of the order’s announcement.

Birthright citizenship is a principle rooted in the 14th Amendment to the U.S. Constitution, which states that “all persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States.” This amendment, adopted in 1868 to clarify the status of formerly enslaved people, has historically been interpreted to grant citizenship to nearly all individuals born on U.S. soil, regardless of their parents’ immigration status.

In 1898, the U.S. Supreme Court ruled that a man born in the U.S. to Chinese parents, who were permanent residents but ineligible for citizenship, was entitled to full legal status. However, Trump’s executive order challenges this precedent, asserting that babies born in the U.S. will no longer be recognized as citizens if neither parent is a U.S. citizen.

The administration argues that the 14th Amendment has been misinterpreted, particularly concerning the phrase “subject to the jurisdiction thereof.” The order claims that this provision has historically excluded certain groups, such as children of individuals who entered the country illegally.

Impact on Indian-Americans

The change could significantly affect the Indian-American community, which numbers over 5.4 million and constitutes approximately 1.47% of the U.S. population. According to recent census data, two-thirds of this population are immigrants, while 34% are U.S.-born.

Under the new policy, children born to Indian citizens on temporary work or tourist visas would no longer automatically receive U.S. citizenship. This measure also aims to curb “birth tourism,” a practice where foreign nationals travel to the U.S. to give birth, securing citizenship for their children. Reports suggest that Indian and Mexican families account for a substantial share of those utilizing this route.

Legal and Social Ramifications

Legal experts predict a protracted court battle over the executive order, as opponents argue that it contravenes established constitutional interpretations. Immigration advocates warn that the policy could create a significant population of stateless individuals and disrupt families living and working in the U.S.

As the debate unfolds, Trump’s decision to end birthright citizenship is poised to become one of the most contentious and consequential moves of his presidency.