Trump’s Birthright Citizenship Order will be Official after February 20

In a move that has ignited widespread controversy and legal battles, President Donald Trump signed an executive order that strips birthright citizenship from babies born in the United States to parents on temporary work or student visas. The order, which took effect on February 20, excludes children born to non-permanent residents from acquiring U.S. citizenship at birth, a drastic departure from long-standing American principles.

The Impact on H-1B and H-4 Visa Holders

The executive order affects over a million H-1B visa holders, many of whom are high-skilled professionals, primarily from India, waiting in a decades-long green card queue due to restrictive per-country caps. Aarti Kohli, Executive Director of the Asian Law Caucus, pointed out that the move disproportionately affects this group, effectively rendering many of their children stateless.

“For families waiting years for a green card, this order is devastating. Children born here will be denied fundamental rights and may face insurmountable barriers to education, healthcare, and basic identity documentation,” Kohli explained.

Trump’s Birthright Citizenship Order: The Challenge of Statelessness

Without birthright citizenship, children of temporary visa holders could struggle to obtain nationality from their parents’ home countries, depending on individual nations’ citizenship laws. This raises concerns about a growing population of stateless individuals with no legal recognition, restricting their access to essential services, including higher education and social programs.

“It undermines America’s foundational promise,” Kohli remarked. “No matter where you come from, you could integrate and belong. This order threatens that principle.”

Legal Challenges and Public Outcry

Immediately after Trump’s order was signed, civil rights organizations and 22 states filed lawsuits challenging its constitutionality. On January 23, Federal District Court Judge John Coughenour issued an injunction, temporarily halting its enforcement for 14 days. In his ruling, he asserted that the executive order likely violated the U.S. Constitution’s Fourteenth Amendment, which guarantees birthright citizenship.

An Immigrant Underclass?

Beyond legal battles, Trump’s birthright citizenship order creates administrative burdens for all parents. Hospitals may be unable to issue birth certificates to affected children, complicating their access to passports, social security numbers, and other essential documentation.

Moreover, Kohli warned that the policy could foster an “immigrant underclass” of individuals lacking citizenship in any country, with dire long-term consequences for social and economic stability.

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