Trump's Move To End Birthright US Citizenship, More Than 10 lakh Indians Affected In Green Card Queue

U.S. President-elect Donald Trump has announced plans to issue an executive order aimed at ending birthright citizenship for children born in the United States to parents who lack legal immigration status. 

The move which seeks to reinterpret the 14th Amendment of the U.S. Constitution- could have significant consequences for both illegal immigrants and legal immigrants, particularly students and professionals from countries like India.

Under current US law, birthright citizenship guarantees that any child born in the U.S. automatically becomes an American citizen, regardless of the immigration status of their parents. This includes children born to people who are in the US illegally or on temporary visas, such as tourists, students or workers.

In a recent briefing, officials stated that the federal government would no longer recognize automatic citizenship for children born in the U.S. to undocumented immigrants. The order would also involve enhanced vetting and screening of illegal immigrants.

While this change would primarily impact undocumented immigrants, it could also affect legal immigrants, including those from India. According to data from U.S. Citizenship and Immigration Services (USCIS)- more than a million Indians are currently waiting for green cards to become permanent residents in the U.S. 

The new US citizenship rule could make the green card process even more complicated and lead to longer wait times.

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Under Trump’s proposed plan, children born in the U.S. to Indian parents on temporary work or student visas (such as the H-1B or F1 visa) would no longer be entitled to U.S. citizenship. This means that children of legal immigrants would not be able to automatically sponsor their parents for permanent residency once they turn 21, a process currently allowed for U.S. citizens.

In addition, children of Indian immigrants who are studying or working in the U.S. would lose their dependent status once they turn 21. This would require them to either apply for a student visa to continue their education in the U.S. or return to India.

Trump’s move to reinterpret the 14th Amendment, ratified in 1868, seeks to clarify that the amendment’s guarantee of citizenship does not apply to all children born in the U.S. The 14th Amendment has historically excluded individuals born in the U.S. who were not "subject to the jurisdiction" of the country, such as children of foreign diplomats.

The change if implemented, could face legal challenges as birthright citizenship is enshrined in the U.S. Constitution. 

However, Trump argues that the amendment was never intended to extend citizenship universally to everyone born in the U.S., including children of illegal immigrants.

The birthright citizenship amendment was passed after the Civil War to grant citizenship to freed slaves and its interpretation has remained a point of debate ever since. As this executive order moves forward legal experts and immigrant advocacy groups are closely watching its potential impact on the future of U.S. immigration.

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