Trump’s Push to End Automatic Citizenship for U.S.-Born Children Sparks Concern Among Indian-Americans

In a pivotal development, a new proposal by former President Donald Trump could redefine birthright citizenship in the United States, directly impacting the lives of millions, particularly within the Indian-American community. According to the proposed executive order, children born in the US would no longer automatically gain citizenship if neither of their parents is a US citizen or a lawful permanent resident (LPR).

This significant shift has sparked widespread concern among immigrant families, especially those from India, where a green card backlog has left many waiting for decades to secure permanent residency.

A Bold Move to Restrict Birthright Citizenship

Donald Trump and Senator JD Vance promised the enactment of such a restriction on “Day 1” of a future administration. Their campaign website has posted a draft of the executive order, stating, “Federal agencies will be instructed to mandate that at least one parent be a US citizen or lawful permanent resident for their future children to automatically acquire U.S. citizenship.”

This proposal, if signed into action, would end the long-standing practice enshrined in the 14th Amendment, which currently grants automatic citizenship to all individuals born on US soil, regardless of parental status.

Potentially Wide-Reaching Impact on Indian-American Families

The ramifications of Trump’s birthright citizenship executive order could be especially severe for Indian-American families, given the extraordinary green card backlog they face. With over one million Indians stuck in the employment-based green card queue as of early 2023, families often wait more than 50 years for residency.

This backlog means that numerous children born in the US to Indian parents may age out of eligibility, effectively becoming undocumented immigrants if their parents cannot obtain permanent residency before the children turn 21.

For these families, Trump’s policy could drastically alter life plans. Without automatic citizenship, many children could face the legal uncertainty of having to apply for temporary visas, such as student or work visas, once they reach adulthood. The absence of birthright citizenship may hinder their educational opportunities, career growth, and ability to call the US their permanent home.

The 14th Amendment Debate

Central to this issue is Section 1 of the 14th Amendment, which declares, “All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside.” Constitutional scholars argue that this clause guarantees citizenship to everyone born in the US, a safeguard designed to prevent state laws from infringing on the rights of individuals born on American soil.

Legal experts foresee substantial legal battles if the executive order is signed, challenging its constitutional interpretation. However, the Trump campaign maintains that the executive order correctly interprets the 14th Amendment. This raises the possibility of a historic constitutional challenge that could reach the US Supreme Court, potentially redefining one of the nation’s most deeply rooted rights.

Uncertain Future for Thousands of Children

For young Indian immigrants in the US, Trump’s proposal adds to the already burdensome challenges of navigating the immigration system. It’s estimated that over half a million young immigrants from India may not obtain citizenship within their lifetimes, with the potential of losing work authorization and lawful status upon reaching 21. This predicament could force children, raised and educated in the US, to leave the only country they’ve ever known, causing significant family and social disruptions.

Global Repercussions and Domestic Implications

If Trump’s birthright citizenship executive order is enacted, the implications extend beyond Indian-Americans, likely affecting families from countries worldwide. This policy could alter the cultural fabric of the United States, deterring highly skilled immigrants from settling in a nation where their children’s citizenship could be under threat.

For Indian-American communities, the fear is palpable. Many have spent years working, studying, and contributing to the US economy under the assumption that their children would enjoy the same rights and opportunities as native-born citizens. The prospect of their children facing deportation, even after being born on American soil, could create a divide that places the American Dream further out of reach for countless families.

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