In a controversial presidential order, Donald Trump, through an exclusive presidential order called ‘Protecting the Meaning and Value of American Citizenship,’ has done away with the birthright citizenship principle by issuing an order to revoke the automatic citizenship to children born on U.S. soil if their parents are undocumented immigrants or are on a temporary visa.
What this entails is a highly contested issue, with lawyers, human rights defenders, and political analysts voicing widely different opinions on Trump’s order. These and other issues plus the order’s effects on immigrants, especially on Indian Americans, and the whole of American society will be discussed further below.
What Does Trump’s Executive Order Do?
Even with the rules set by Trump, all children born within the borders of the United States in the current period shall remain eligible for automatic citizenship under the Fourteenth Amendment of the Constitution as long as their parents are not in the U.S. on a visa. This is, however, set to change with Trump’s new executive order.
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Key Features of the Executive Order:
- Effective from the date which the order comes into effect, any child born after thirty days from said date in the United States of America.
- Their mother is an illegal immigrant and the father is not a citizen or a legal permanent resident.
- The children’s father is not a US permanent resident or citizen, and their mother is on a visa in the US for a short period.
- Every order is effective from a specific date and it does not apply to children born before that date.
- Automatic citizenship will still be awarded to children who are born from at least one lawful permanent resident.
There is thus, a major shift in which the policy changes in terms of determining citizenship in America.
Who Will Be Affected?
The order will affect:
- Undocumented Immigrants: Parents without legal status will no longer give birth to children eligible for automatic citizenship in the US.
- Temporary Visa Holders: Parents who are on a student, work, or tourist visa will have children born in the US who wouldn’t receive automatic citizenship.
- Indian Americans and Other Immigrant Communities: These affected communities will consist of a large number of undocumented or temporary visa holders.
Moreover, families that currently rely on birthright citizenship are now put amid a new degree of uncertainty and hopelessness.
Legal Challenges and Implications
Opponents will raise concerns that the order is susceptible to legal scrutiny due to its possibly contravening the 14th Amendment and some other federal laws.
The 14th Amendment
According to the Fourteenth Amendment in the constitution that was ratified in 1868, it states that
“All persons born or naturalized in the United States are citizens of the United States.”
The amendment states that everyone born within the territory of the United States is subjected to its jurisdiction.
To put it colloquially, U.S. courts around this principle have been rather broad in their interpretation of it. If we take United States v. Wong Kim Ark (1898) for example, the precedential ruling from The Supreme Court was that children born to noncitizens residing in the United States automatically become their citizens. Whatever the case may be, Trump’s order seems to dispute the core principles behind the amendment.
Violation of Federal Law
Additionally, this order seems to dispute Title 8, Section 1401 of the U.S. Code. This particular law is abundantly clear that everyone born within the US territory is a citizen by birth.
Potential Legal Outcomes
Legal experts for myriad reasons were not concerned when a plethora of lawsuits were expected to follow the order. There is a possibility that the courts will block the policy before it comes to fruition. Additionally, if the case goes to the Supreme Court, the court’s interpretation of the 14th Amendment will be fully utilized to derive the decision.
Impact on Indian Americans and Other Immigrant Communities
This policy can also prove to be hassling for Indian Americans, perhaps the fastest-growing immigrant community in the US. As of 2024, around 5.4 million Indian Americans live in the US, and more than two-thirds of them are immigrants who came through visas or green cards.
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Key Challenges for Indian Americans:
- Citizenship Uncertainty: Kids born to Indian parents with temporary visas could have their birthright citizenship revoked. Rather, they might inherit their parents’ citizenship, causing needless trouble.
- Increased Legal Burden: Families might have to engage in unflattering procedures in the form of naturalization to remedy the absence of citizenship for the children.
- Limited Opportunities: A child who is bound to his/her parents’ visa status remains at a disadvantage in education and employment.
Likewise, other immigrant groups such as Latin Americans and Asians will experience this challenge.
Will The Order Succeed?
Experts predict the order is hardly likely to succeed because of constitutional and procedural challenges.
Constitutional and Procedural Barriers
- Constitutional Amendment: A change in citizenship law would necessitate a change in the Constitution which is a challenging task as it is required to have a two-thirds majority in Congress and be ratified by three-fourths of the states.
- Public Opposition: Many favor birthright citizenship so undoing it becomes politically difficult.
Also, many analysts believe that this action from Trump could be more symbolic of rallying his team, as he has always been aimed at tougher immigration policies which aid in garnering support from people who want strict immigration control.
Global Context: Birthright Citizenship
Trump believes the United States is the only nation that provides citizenship by birth, which is untrue. Canada, Mexico, Brazil, and Costa Rica are among the more than thirty nations that have put similar policies in place.
The right of birth is also known as jus soli and is fundamental citizenship of the United States. As such, Trump’s move represents a major departure from global consensus.
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Conclusion: What Lies Ahead?
Trump’s presidential services have brought about immigration law changes in the shape of several executive orders. One such order, he announced, is to end birthright citizenship, a previously unexpected move that may have long-lasting consequences. The law is currently undergoing some legal processes before having a more permanent standing. Regardless of this, it has permanently altered the landscape of debates around immigration and citizenship within the United States.
This policy could have legal, social, and economic consequences for immigrant populations, Indian Americans included. As things stand, the future of birthright citizenship is murky and heavily contested in courts.
This virtualization of birthright citizenship in America is expected to bring about longer-lasting changes in what American identity should mean as well as shaping the conversation around immigration policies for a longer period of time.