Understanding Trump’s Birthright Citizenship Executive Order: What NRIs in the US Need to Know
In 2022, the US hosted approximately 4.8 million Indian-Americans who were a huge part of the country’s social and economic structure. However, the new immigration policies may well change the course for many such families. A major issue at hand is former President Donald Trump’s executive order to end birthright citizenship, a long-standing policy. Let’s dive into what this means, especially for NRIs residing in the US.
What is Trump’s Birthright Citizenship Order?
Signed into office by Donald Trump on January 20, this executive order calls to end the automatic granting of citizenship to children born in the US under certain circumstances. The policy largely targets families with both parents residing in the US illegally or only temporarily (in the country for work or a student visa). Historically, the 14th Amendment to the US Constitution granted citizenship to anyone born on American soil. Trump’s order reverses this interpretation, saying that the child’s parents must have some form of residency or citizenship in the US for the child to be considered a US citizen.
Who Will Be Impacted?
Under the new order:
- Children born in the US to parents who are in the country illegally or only temporarily (such as on a tourist or student visa) will no longer automatically become citizens.
- If the mother is temporarily in the US and the father is not a US citizen or permanent resident, the child won’t qualify for automatic citizenship.
Who Will Retain US Citizenship?
Children born in the US will still be eligible for citizenship if at least one parent is a:
- US citizen,
- Green card holder,
- Member of the US military.
An important clarification: The order will not be retroactive. Children who are born in the United States before the effective date of the order will retain their citizenship.
Impact on Indian-Americans?
The executive order signed by Trump will directly affect Indian families who continue to migrate to the US on H-1B work visas. Indian Americans comprise over 5.4 million, with about 34 percent of them born in the US. The revocation of automatic citizenship for children of visa-holding parents means a more difficult route for succeeding generations to get citizenship. Already, green card backlogs are long, and this will present additional hurdles for Indians waiting for permanent residency.
Legal Challenges to the Order
Soon after Trump signed the executive order, immigration advocates in New Hampshire filed a lawsuit, arguing that the policy could create a lifetime of exclusion for children born in the US, essentially making them stateless. Families that have spent their lives in the US would face the uncertainty of deportation.
Conclusion
It will mark a historic shift in the immigration policies of the US for Donald Trump by potentially eliminating birthright citizenship, impacting the millions of immigrants families from various parts of the world including NRIs in America. Those who already get perplexed because of complex and labyrinthine laws might see Indian Americans experience greater delay before achieving the same benefits in citizenship with respect to children.
FAQs
- What is birthright citizenship?
Ans- Birthright citizenship means that anyone born on US soil is automatically granted US citizenship, regardless of their parents’ immigration status. - Who will lose automatic citizenship under Trump’s order?
Ans- Children born to parents who are either unlawfully present or temporarily residing in the US (e.g., on a work or tourist visa) will not automatically receive citizenship. - Will this order affect babies born before it takes effect?
Ans- No, the order is not retroactive. Babies born before the order takes effect will retain their US citizenship. - How does the 14th Amendment relate to birthright citizenship?
Ans- The 14th Amendment, adopted in 1868, has traditionally been interpreted to grant citizenship to anyone born on US soil. - Will children of H-1B visa holders be affected?
Ans- Yes, children born to parents on H-1B or other temporary visas may no longer automatically receive citizenship. - How many Indian-Americans live in the US?
Ans- As of 2024, the US had over 5.4 million Indian-Americans, representing about 1.47% of the population. - What are the legal challenges against the order?
Ans- Immigration advocates argue the order is unconstitutional and will create hardships for families, particularly children born in the US. - Can a child born to a US military parent still gain citizenship?
Ans- Yes, children born to a US military parent will still be granted citizenship under the executive order. - What happens if the order is overturned in court?
Ans- If the courts overturn the order, the traditional interpretation of the 14th Amendment will remain in place, allowing birthright citizenship to continue. - Why is this order significant for NRIs?
Ans- Many NRIs in the US are on temporary work visas, and this order could prevent their US-born children from receiving automatic citizenship.
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