Trump Ends Birthright Citizenship: Legal Challenges Erupt Nationwide

Immigration Advocates Sue Trump Over Birthright Citizenship Order

In a groundbreaking move that has sent shockwaves across the United States and beyond, President Donald Trump signed an executive order on Monday to end automatic birthright citizenship for children born on US soil to parents who are unlawfully or temporarily in the country. The new policy, set to take effect on February 20, 2025, challenges over a century of established constitutional interpretations and has already sparked intense legal and social debates.

Trump’s Executive Order: A Radical Shift in US Immigration Policy

The executive order eliminates birthright citizenship for babies born to individuals without permanent residency or US citizenship. This includes those on temporary visas, such as tourists, students, and professionals, a move that is expected to impact millions, including over a million Indians currently waiting for green cards.

“We’re the only country that gives away citizenship so freely, and it’s simply unsustainable. This policy will restore fairness and ensure citizenship reflects genuine ties to our nation,” President Trump stated during the signing ceremony at the White House.

The order clarifies the 14th Amendment of the US Constitution, particularly the clause that grants citizenship to those born on US soil and “subject to the jurisdiction thereof.” Historically, this clause excluded children of foreign diplomats, but Trump’s administration aims to expand its interpretation.

Legal Hurdles and Public Outcry

Shortly after the signing, immigration advocates and civil rights groups, including the American Civil Liberties Union, filed a lawsuit in New Hampshire, challenging the legality of the order. Critics argue that the executive action violates the 14th Amendment, which has consistently affirmed birthright citizenship through Supreme Court rulings.

“This order is not just unconstitutional but cruel. It denies innocent children their right to citizenship based on their parents’ status, creating a class of stateless individuals,” said Maya Rodriguez, a representative from the American Immigration Council.

Prominent voices like US-based author Vivek Wadhwa have expressed concerns about the long-term implications. “This will drive away highly skilled immigrant talent stuck in immigration limbo. It’s not just about undocumented immigrants; it’s about undermining America’s global competitiveness,” Wadhwa noted in a social media post.

Impact on the Indian-American Community

Trump’s policy change has heightened anxiety among the Indian-American community, especially among those awaiting green cards. Reports suggest that the order could disproportionately affect Indian families, many of whom contribute significantly to the US economy through technology, healthcare, and education sectors.

“This policy will disrupt lives and dreams. Families who have been lawfully contributing to this country now face an uncertain future,” said Raj Patel, a community leader based in California.

A Key Agenda47 Platform Promise

The decision to end birthright citizenship was a cornerstone of Donald Trump’s Agenda47 policy platform. The campaign highlighted that the policy aligns with efforts to enhance border security and prevent misuse of the immigration system.

“The federal government will no longer recognize birthright citizenship for children of illegal aliens. This ensures our resources are reserved for American citizens and those who abide by the law,” stated a senior administration official during Monday’s briefing.

A Historical Context with Contemporary Repercussions

Birthright citizenship has been a fundamental aspect of American identity since the adoption of the 14th Amendment in 1868, which clarified the status of formerly enslaved individuals. Critics of the executive order argue that the move not only undermines constitutional rights but also sets a dangerous precedent for future immigration policies.

Despite the Trump administration’s confidence in its legal standing, the controversial order is expected to face prolonged legal battles. Legal experts predict the case will likely reach the Supreme Court, where the ultimate interpretation of the 14th Amendment could have lasting repercussions on US immigration law.

Also Read:Indian Students Face New Hurdles as Trump Reshapes H1-B and F-1 Visa Rules

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