Donald Trump, the 47th United States President, who returned to the White House after four years, started his term by signing a flurry of executive orders on Monday. Among the most significant was the revocation of birthright citizenship, marking a major shift in US immigration policy. This move effectively ends automatic citizenship for children born in the US to non-citizen parents.
What the Executive Order States
The newly signed executive order specifies that for a child born in the United States to gain citizenship, at least one parent must meet one of the following criteria:
- Be a US citizen.
- Hold legal permanent residency (green card).
- Be a member of the US military.
According to a Trump administration official, “The federal government will not recognize automatic birthright citizenship for children of illegal aliens born in the United States. We are also going to enhance vetting and screening of illegal aliens.”
Trump’s Rationale
In his inauguration speech, Trump emphasized the need to curb illegal immigration, stating, “All illegal entry will be immediately halted, and we will begin the process of returning millions and millions of illegal aliens back to the places from which they came.” He has long described birthright citizenship as “ridiculous” and a loophole that encourages illegal immigration.
What Is Birthright Citizenship?
Enacted in 1868 as part of the 14th Amendment, birthright citizenship guarantees automatic US citizenship to anyone born on American soil, regardless of their parents’ citizenship or immigration status. The relevant section of the 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.”
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This constitutional provision was initially designed to grant citizenship to formerly enslaved individuals following the American Civil War. Over the years, it has become a cornerstone of US immigration policy.
Key Provisions of the Executive Order
The order outlines specific exclusions for individuals born in the United States:
- If the mother was unlawfully present in the US and the father was not a US citizen or lawful permanent resident at the time of the child’s birth.
- If the mother’s presence in the US was lawful but temporary—such as under a student, work, or tourist visa—and the father did not meet the citizenship or residency criteria.
All federal departments and agencies have been directed to issue implementation guidance within 30 days.
Legal Challenges
The executive order is expected to face significant legal challenges, as altering the 14th Amendment would require a constitutional amendment. Amending the US Constitution is a rigorous process that demands:
- A two-thirds majority vote in both the House of Representatives and the Senate.
- Ratification by three-fourths of state legislatures.
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Historically, the US Supreme Court has upheld birthright citizenship, including in the landmark case of United States v. Wong Kim Ark (1898). Legal experts argue that an executive order cannot override constitutional guarantees, setting the stage for prolonged judicial battles.
Impact on the Indian-American Community
The Indian-American community, one of the fastest-growing immigrant populations in the US, will be profoundly affected by the revocation of birthright citizenship. As of 2024, Indian Americans number over 5.4 million, with approximately two-thirds being immigrants. Key implications include:
- Loss of Automatic Citizenship: Children born in the US to Indian parents on temporary work visas (e.g., H-1B) or those awaiting green cards will no longer acquire automatic citizenship.
- Longer Wait Times: Indian immigrants already face long green card backlogs, and the policy change could exacerbate delays.
- Family Reunification Challenges: US-born children will no longer be able to petition for their parents to immigrate after turning 21, potentially leading to family separations.
- End of Birth Tourism: The policy aims to curb “birth tourism,” wherein individuals travel to the US to give birth, ensuring their child obtains citizenship.
- Uncertainty for Students: Children born to Indian students on temporary visas will face added challenges in securing citizenship, impacting the large number of Indian students pursuing higher education in the US.
Critics argue that removing birthright citizenship will create significant legal and administrative burdens for American families. The American Immigration Council warns that eliminating this provision would complicate citizenship verification for all Americans, as birth certificates would no longer suffice as proof of citizenship.