On January 20, US President Donald Trump signed an executive order to begin the process of ending birthright citizenship, marking his return to the White House. This order, part of a broader series of executive actions, seeks to deny automatic US citizenship to children born in the country to parents without legal immigration status.
Under the new directive, children born in the US will not be granted citizenship if their father is not a US citizen or lawful permanent resident, and their mother is either in the country unlawfully or on a temporary visa, such as a student, work, or tourist visa.
The policy, which will take effect in 30 days, specifically targets children born to parents who are in the US unlawfully or temporarily. Immigration advocates quickly filed a lawsuit, arguing that the order reverses over a century of established US legal precedent.
What is the Birthright Citizenship Executive Order?
This executive order challenges the interpretation of the 14th Amendment to the US Constitution, ratified in 1868 to clarify the citizenship status of formerly enslaved people. The amendment has historically been understood to grant citizenship to anyone born on US soil.
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.” Critics of birthright citizenship argue that it should not apply to the children of illegal immigrants or those engaging in “birth tourism,” where individuals travel to the US late in their pregnancy to ensure their child is born a citizen.
The 1898 Supreme Court ruling upheld this interpretation, deciding that a man born to Chinese immigrants with permanent US residency could not be denied citizenship.
Trump’s order hinges on the clause “subject to the jurisdiction thereof,” questioning who qualifies for citizenship.
Who Will Not Be Eligible for US Citizenship?
Under the new order, the following children born in the US will not automatically be granted citizenship:
- If the mother was unlawfully in the US and the father was neither a US citizen nor a lawful permanent resident at the time of birth, or
- If the mother’s presence in the US was lawful but temporary (such as on a work, student, or tourist visa) and the father was not a US citizen or lawful permanent resident at the time of birth.
Who Will Keep US Citizenship?
The executive order specifies that for a child to gain citizenship, at least one parent must be a US citizen, a lawful permanent resident (green card holder), or a member of the US military.
Additionally, children born before the order takes effect will retain their US citizenship, as the policy is not retroactive.
Impact on Indian Immigrants
During his campaign, Trump criticized the current system of birthright citizenship, claiming it was being exploited, especially by nationals from countries with high immigration to the US, such as India and China.
This executive order revokes automatic citizenship for children born to parents on temporary work visas (like H-1B) or those awaiting a green card.
As of 2024, the US had over 5.4 million Indian Americans, making up 1.47% of the population. Of these, about two-thirds are immigrants, and 34% were born in the US, according to official data.
Increased Green Card Delays
Indian immigrants, who already face lengthy green card backlogs, could experience even longer delays if their children no longer qualify for automatic citizenship at birth.
