Donald Trump Ends Birthright Citizenship: Implications for Indians in America

Summary:

• US President Donald Trump has signed an executive order ending automatic birthright citizenship for children of non-permanent residents.
• The move impacts millions of immigrants, including over 5.4 million Indians living in the US.
• Legal and constitutional challenges are expected, as the policy reinterprets the 14th Amendment of the US Constitution.

Key Developments:

1. What is Birthright Citizenship?
   • Birthright citizenship grants citizenship to any child born on US soil, regardless of their parents’ status, based on the 14th Amendment to the Constitution.
   • Historically, this principle was affirmed by an 1898 Supreme Court judgment.
2. Trump’s Executive Order
   • Declares that children born in the US to non-citizens, including those on temporary or tourist visas, will no longer automatically gain citizenship.
   • The order hinges on a narrower interpretation of the 14th Amendment’s phrase “subject to the jurisdiction thereof.”
3. Legal Challenges
   • Advocates have filed lawsuits, arguing that the executive order undermines the Constitution.
   • The move is likely to face extensive judicial scrutiny, potentially reaching the Supreme Court.

Impact on Indian-Americans:

1. Demographics
   • Indian Americans constitute 5.4 million of the US population, with two-thirds being immigrants.
   • Many Indian nationals in the US hold temporary work or student visas.
2. Citizenship and Residency
   • Children born to Indian parents on non-permanent visas would no longer qualify for automatic US citizenship.
   • This could create additional hurdles for families, including future residency and employment prospects for their children.
3. Broader Implications
   • Strains Indo-US relations, especially given India’s position as a top contributor to the H-1B visa workforce.
   • May lead to increased demand for legal support and lobbying by Indian-American organizations.

Constitutional Debate

• Proponents of the Order: Argue the 14th Amendment excludes those not fully under US jurisdiction, such as temporary or illegal residents.
• Opponents: Emphasize the historical context of the amendment, crafted to grant equal citizenship rights.

Curiosity Spark: Could this policy redefinition lead to a global rethink of citizenship laws in countries with large immigrant populations?