On January 20, 2025, Donald Trump, now President of the United States for a second term, signed an executive order that aims to end birthright citizenship, a policy that has been in place for over 150 years. This decision marks a dramatic shift in U.S. immigration policy and has significant implications for millions of children born in the U.S., especially for the large and growing Indian-American community.
What Does Birthright Citizenship Mean?
Birthright citizenship, based on the 14th Amendment to the U.S. Constitution, guarantees that anyone born on U.S. soil is automatically granted U.S. citizenship, regardless of the citizenship or immigration status of the parents. This provision was enacted in 1868 and was designed to extend citizenship to all persons born in the United States, particularly addressing the status of former slaves after the Civil War. The relevant part of the 14th Amendment states:
“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.”
This right has been integral to ensuring equal protection under the law and has provided U.S. citizenship to millions, including children born to immigrants, whether documented or undocumented.
Trump’s Executive Order to End Birthright Citizenship
With the signing of this executive order, President Trump has officially set in motion a move to end the automatic citizenship of children born in the U.S. to non-citizen parents. His executive order specifies that for a child born in the U.S. to gain citizenship, at least one parent must be a U.S. citizen, a legal permanent resident (green card holder), or a member of the U.S. military.
Trump’s push to end birthright citizenship has been framed as part of a broader effort to reduce illegal immigration and curb “birth tourism” — a term used to describe the practice of women traveling to the U.S. specifically to give birth so their children can claim U.S. citizenship. Trump has argued that this system is being exploited, particularly by nationals of countries with high levels of immigration to the U.S., including India and China. 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.
Legal Challenges to the Executive Order
While President Trump has signed the executive order, its legality remains in question. The 14th Amendment is part of the U.S. Constitution, and altering its provisions typically requires a constitutional amendment — a process that is lengthy and difficult. To date, no president has unilaterally ended birthright citizenship using an executive order.
Legal experts are already predicting significant challenges to the order in federal courts. Historically, the U.S. Supreme Court has upheld birthright citizenship, including in the landmark case United States v. Wong Kim Ark (1898), where the Court ruled that a child born in the U.S. to non-citizen parents was still a U.S. citizen. The argument against Trump’s executive order is that it cannot override constitutional guarantees without the amendment process being followed, which would require a supermajority in Congress and a two-thirds vote in the states.
Nevertheless, the order is likely to provoke legal battles that could last for years, creating uncertainty for the millions of people affected.
How Will This Affect Indian-Americans?
The Indian-American community, which is one of the fastest-growing immigrant populations in the U.S., will be profoundly impacted by this change. According to the U.S. Census, there are over 4.8 million Indian-Americans living in the U.S., with a significant proportion born in the U.S. and holding American citizenship by virtue of birthright.
If the policy changes as outlined in the executive order, children born to Indian nationals who are on temporary work visas (like the H-1B visa) or waiting for green cards would no longer automatically acquire U.S. citizenship. This has the potential to affect hundreds of thousands of children born to Indian immigrants in the U.S. each year.
Here are the key ways Indian-American families would be impacted:
Children of Indian Immigrants Would Lose Automatic Citizenship
Currently, a child born in the U.S. to Indian parents — whether they are on H-1B visas, green cards, or even undocumented — gains U.S. citizenship. Under the new order, however, only children born to at least one U.S. citizen or permanent resident parent would receive citizenship. This would be a significant change for families who rely on their children’s citizenship status as a pathway to permanent residency and, eventually, citizenship themselves.
For many Indian parents, particularly those working on H-1B visas, the birth of a child in the U.S. has been an automatic route to securing U.S. citizenship for their children. Without birthright citizenship, these children would either need to go through the naturalization process themselves or face uncertainty in their legal status.
Longer Wait Times for Green Card Holders
A significant portion of the Indian-American population is stuck in the U.S. green card backlog, with many waiting for decades to gain permanent residency. Currently, children born to Indian nationals on H-1B or other temporary visas automatically acquire U.S. citizenship, which provides them with more straightforward legal options as they mature. However, if this policy is rescinded, children born to Indian nationals in the U.S. will need to seek citizenship through a much lengthier and more complex process, which could add years to their path to full U.S. citizenship.
Moreover, Indian immigrants who are in the U.S. on temporary visas could face additional hurdles when trying to secure residency for their children, especially if the children no longer qualify for automatic citizenship. This would likely lead to more family separations, as parents might need to navigate a more complicated and prolonged immigration process.
Implications for Family Reunification
Family-based immigration is one of the primary ways through which immigrants in the U.S. bring their relatives into the country. In the case of birthright citizenship, a U.S.-born child could petition for the immigration of their parents once they turn 21. The removal of birthright citizenship would prevent many children born to Indian parents from eventually helping to reunite their families under existing U.S. immigration laws.
Additionally, for families who have children born in the U.S. but who are facing deportation or visa issues, the executive order could create further challenges. The elimination of birthright citizenship could result in scenarios where families are torn apart due to differing immigration statuses among parents and children.
The End of Birth Tourism to the U.S.
A primary argument behind Trump’s executive order is to curb “birth tourism,” where foreign nationals travel to the U.S. specifically to give birth to a child who would automatically gain U.S. citizenship. Indian nationals have been reported among the groups who use this method, particularly with the growing number of Indian citizens visiting the U.S. on tourist visas or business trips.
While Trump’s order may reduce this practice, it will also affect the many families who have not been engaged in “birth tourism” but who rely on the ability to confer citizenship to their children for reasons such as family reunification and securing a long-term future in the U.S.
Potential Impact on Indian Students
Indian students make up one of the largest groups of international students in the U.S., especially in the fields of technology and engineering. If the birthright citizenship policy changes, children born to Indian students on F-1 visas or other non-immigrant visa categories would not automatically receive U.S. citizenship, leading to more complications for students and their families as they attempt to stay in the U.S. after graduation.
Uncertainty for Immigrant Families
The executive order to end birthright citizenship has far-reaching consequences for Indian families living in the U.S. The potential for the law to change will create a legal gray area, particularly for children born to Indian immigrants who are on temporary work visas or waiting in the green card queue. While this policy shift may reduce instances of “birth tourism,” it risks creating more uncertainty and complications for families who have lived and contributed to the U.S. for many years.
