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Just a couple of hours after his swearing in as Trump’s 47th President of the United States on January 20, 2025, he initiated an executive order tailing the 14th Amendment that has been a part of the US constitution for more than a century. In other words, ending birthright citizenship for children of immigrants.
What Is Birthright Citizenship And How Does It Work?
Birthright citizenship is enshrined in the 14th Amendment which states that everyone born in the US is a citizen irrespective of their parent(s) immigration status. The phrase "subject to the jurisdiction thereof" has been construed to mean all persons born on US territory, save for some exceptions like children born to diplomats or military personnel. Trump’s order challenges this assumption by ‘asserting that it does not encompass children of unauthorized immigrants or those on temporary visas.’
What Did Trump Say About This Order?
"This ensures that the Constitution is not manipulated,” Trump said at the media briefing. He pointed out that the system would be intolerable for illegal aliens who want to benefit from the US system. Conservative proponents of the policy also praised the order, arguing that the purpose of the 14th Amendment has been rendered null and void due to its citizenship provision for children born of illegal immigrants.
Will This Affect Indians?
The order impacts children of temporary visa holders such as H1B citizens and other type of graduate work visas who have children while living in the US. For example, it will involve a large number of h1b holders from India, their children born in America may face difficulties in availing US citizenship. It would not affect pending cases, however, it will take effect after the 30 day implementation period.
Legal and Political Implications
The case caught the attention of the American civil liberties union and several other organizations which immediately filled a case at a federal court arguing that the order breaches the constitution. "This is a blatant and harmful effort to undermine the rights of people who were born in this nation," Anthony Romero, ACLU’s executive folding, was very committal.
