Donald Trump Ends Birthright Citizenship, How Will It Impact Indians In US?

Donald Trump's first day as the 47th President of the United States witnessed a bold move aimed at altering the nation's immigration framework.

He signed an executive order targeting several immigration laws, including the well-established principle of birthright citizenship. This decision has ignited fierce debate and is anticipated to face significant legal challenges.

Photo Credit: AP/PTI

Central to the controversy is the 14th Amendment of the US Constitution, which grants citizenship to anyone born on American soil. The amendment reads: "All persons born or naturalised in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the state wherein they reside."

Trump's executive order seeks to reinterpret this provision, claiming that children born to undocumented parents should no longer receive automatic citizenship.

This dramatic policy shift is expected to have profound implications for millions of Indian-Americans residing in the United States, many of whom have been waiting years, or even decades, for green cards.

The Trump administration has criticised birthright citizenship as "ridiculous," arguing that ending it will deter illegal immigration. Trump stated in the order: "The 14th Amendment has never been interpreted to extend citizenship universally to everyone born within the United States."

However, critics assert that this policy will marginalise vulnerable communities and create widespread uncertainty for immigrant families.

The potential consequences are vast, with disruptions likely to affect schools, workplaces, and entire communities.

The policy is scheduled to take effect 30 days after the order's issuance, a move expected to spark extensive legal battles.

A notable impact of this policy will be felt by Indian families who have utilised birth tourism to secure US citizenship for their children. Birth tourism, which involves travelling to the US for childbirth, has been a common practice among Mexican and Indian families. Trump's order is expected to put an end to this practice entirely.

According to the US Census Bureau, approximately 5 million Indian-Americans reside in the United States, constituting about 1.47% of the population. Of these, only 34% were born in the US, while the remaining two-thirds are immigrants.

Most Indian nationals currently working in the US hold H-1B visas. Under Trump's new policy, hundreds of Indian-origin children born on US soil will no longer qualify for automatic citizenship.

The American Civil Liberties Union (ACLU) has raised concerns about the constitutionality of the executive order, referencing the 14th Amendment's unequivocal language on birthright citizenship.

The ACLU has warned of potential mass deportations, family separations, and other human rights violations stemming from Trump's immigration policies.

In a press release, the ACLU stated: "Immigrants' rights advocates today sued the Trump administration over its executive order that seeks to strip certain babies born in the United States of their US citizenship."

As debates surrounding birthright citizenship and immigration reform escalate, the fate of millions of families hangs in the balance.

Legal challenges are poised to play a pivotal role in determining the future of this controversial policy.

Ultimately, the resolution will depend on the efforts of advocates, legislators, and courts to safeguard the rights of vulnerable communities and uphold the principles of justice and equality embedded in the US Constitution.