Donald Trump’s proposed immigration reforms, backed by his running mate JD Vance, are stirring concerns among immigrant communities, particularly Indian-Americans, who fear the impact of changes to naturalized citizenship.
Central to their campaign promises is a pledge to restrict birthright citizenship, a move that could prevent children born in the US from gaining automatic citizenship unless at least one parent is a US citizen or lawful permanent resident (LPR).
Under Trump’s plan, he would sign an executive order on “Day 1” to enforce this restriction. According to a campaign document, the order aims to direct federal agencies to require at least one parent to be a citizen or LPR for their children to qualify for citizenship at birth. Trump frequently emphasized this pledge at rallies, also vowing to launch a comprehensive deportation program targeting both illegal immigration and certain aspects of legal immigration.
Impact on the Indian-American Community
The proposed policy has raised concerns within the Indian-American community, which numbers approximately 4.8 million, according to the Pew Research Center. Of these, an estimated 1.6 million Indian-Americans are US-born naturalized citizens.
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However, the potential changes could affect thousands of children awaiting green cards, as over a million Indian nationals are currently stuck in the employment-based green card backlog, with an average wait time of over 50 years.
For many Indian-American families, the proposed policy raises fears that their children might lose the chance for automatic citizenship if one or both parents aren’t citizens or permanent residents.
This backlog also means that over half a million young Indian immigrants who came to the US for study or work may face a lifelong wait, with some estimates suggesting they might not receive citizenship within their lifetimes. Additionally, around a quarter-million children could “age out” of eligibility for family-based visas at 21, risking their status without alternative visas.
Constitutional Debate
Legal experts argue that Trump’s proposed order could face significant legal challenges, citing the 14th Amendment, which states: “All persons born or naturalised in the United States, and subject to the jurisdiction thereof, are citizens of the United States.” Constitutional scholars believe the amendment explicitly provides birthright citizenship to all individuals born on US soil, regardless of their parents’ immigration status.
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The draft executive order, however, asserts an interpretation that it claims aligns with the Constitution. Should the order go forward, legal experts anticipate immediate litigation, as courts would need to determine its constitutionality under the 14th Amendment’s citizenship clause.
Next Steps and Community Concerns
For Indian-American families, this policy proposal is creating a cloud of uncertainty around their children’s future in the US. As the debate unfolds, advocacy groups and immigration law experts expect a long legal battle if the executive order is signed. Many families hope the courts will uphold the protections of the 14th Amendment, ensuring that all children born in the US retain their right to citizenship.
