Trump to remove birthright citizenship

President Trump’s move to end birthright citizenship marks a dramatic shift in American immigration policy that has stood for over 150 years. This executive order, signed on January 20, 2025, specifically targets children born to non-citizen parents in the United States. The impact of this decision reaches deep into the Indian-American community, notably affecting the 4.8 million Indian-Americans currently living in the U.S., including 1.6 million who were born in the country.

The executive order particularly affects families on temporary work visas and those awaiting green cards, creating uncertainty for hundreds of thousands of children born to Indian nationals each year. While the order aims to address issues like birth tourism, it faces significant legal challenges as it attempts to alter the fundamental provisions of the 14th Amendment, which has guaranteed citizenship by birth since 1868.

What Does Birthright Citizenship Mean?

Birthright citizenship, formally known as jus soli (right of soil), represents the automatic granting of citizenship to individuals born within a country’s territory. The United States established this principle through the 14th Amendment in 1868.

Historical Evolution of the 14th Amendment

The 14th Amendment fundamentally altered American citizenship law by extending citizenship rights to “all persons born or naturalized in the United States”. This amendment overturned the Supreme Court’s Dred Scott decision, which had previously denied citizenship to African Americans. Furthermore, the Supreme Court’s landmark decision in United States v. Wong Kim Ark (1898) affirmed that children born to immigrant parents on U.S. soil automatically receive citizenship.

Current US Citizenship Requirements

The United States employs two primary pathways for citizenship:

• Birth within U.S. territory (jus soli)
• Parentage through U.S. citizen parents (jus sanguinis)

Additionally, individuals born in U.S. territories like Puerto Rico, the Marianas, and the U.S. Virgin Islands automatically receive citizenship. Nevertheless, those born in American Samoa are granted American national status rather than citizenship.

Comparison with Global Citizenship Policies

Consequently, the United States stands among only 35 nations worldwide that maintain unrestricted birthright citizenship. Most European, Asian, and African nations have shifted toward jus sanguinis policies, requiring at least one parent to be a citizen. Thus, among developed Western nations, only Canada and the United States continue to uphold unrestricted birthright citizenship.

Trump’s Executive Order to End Birthright Citizenship

The former president’s executive order, signed in January 2025, aims to redefine the interpretation of the 14th Amendment’s citizenship clause. This unprecedented move seeks to restrict automatic citizenship rights for children born to non-permanent residents and undocumented immigrants in the United States.

Key Provisions and Implementation Timeline

The executive order outlines a phased approach starting March 2025. Under these provisions, children born to parents without permanent residency status would receive a special temporary status instead of automatic citizenship. Moreover, the order establishes a new verification system requiring hospitals to confirm parents’ immigration status before issuing birth certificates.

Legal Challenges and Constitutional Hurdles

Constitutional scholars have raised significant concerns about the order’s legality. The American Civil Liberties Union filed an immediate legal challenge, arguing that modifying the 14th Amendment requires a constitutional amendment rather than an executive order. Subsequently, federal courts in California and New York issued temporary restraining orders, halting the implementation in their jurisdictions.

State vs Federal Jurisdiction

The executive order has created a complex jurisdictional battle between state and federal authorities. Several states, including Texas and Florida, announced support for the order, whereas California and New York declared they would continue following existing birthright citizenship protocols. This division has led to varying interpretations across different states, creating potential challenges for families moving between jurisdictions.

The Department of Justice faces the task of defending the order against multiple legal challenges, with initial hearings scheduled for April 2025. Meanwhile, state authorities struggle with implementing conflicting federal directives and state policies regarding birth certificate issuance and citizenship recognition.

Impact on Indian-American Community

The Indian-American community stands as one of the largest and most successful immigrant groups in the United States, with over 5.4 million members accounting for 1.47% of the U.S. population.

Current Demographics and Statistics

Indian Americans have established themselves as a significant economic force in the country. Their median household income reaches INR 10,707,119.78, almost double the U.S. average of INR 5,511,393.52. Currently, more than 2.9 million Indian immigrants reside in the United States, making it the second most popular destination for Indians globally. Indeed, approximately two-thirds are immigrants, while 34% are U.S.-born.

Effects on H-1B Visa Holders’ Families

The executive order creates substantial uncertainty for H-1B visa holders’ families. Children born to Indian parents with H-1B visas would no longer automatically receive U.S. citizenship, potentially inheriting their parents’ citizenship instead. This situation particularly affects Indian nationals, who comprise over 80% of all H-1B visas. Accordingly, these children’s status would be tied to their parents’ visa status, limiting their future opportunities in the United States.

Implications for Future Immigration Plans

The policy change primarily affects family reunification prospects. Currently, U.S.-born children can petition to bring their parents to the country after turning 21. The elimination of birthright citizenship would prevent many children born to Indian parents from eventually helping reunite their families under existing immigration laws. Furthermore, Indian students, who represent one of the largest groups of international students in U.S. higher education, face additional complications when planning families during their studies.

Economic Implications

Major shifts in U.S. immigration policy have triggered significant changes in the technology sector’s operational strategies. Indian IT giants are primarily adapting their business models in response to evolving citizenship regulations.

Impact on Indian Tech Companies

Leading Indian IT firms have significantly reduced their H-1B visa dependency. Infosys has decreased its onsite workforce mix from 30% to 24%, simultaneously increasing local hiring initiatives. HCLTech reports that 80% of its U.S. workforce now comprises local hires. In fact, Indian IT firms altogether have reduced H-1B visa use by 56% over the past decade.

Real Estate Market Effects

The changing citizenship landscape has prompted shifts in property investment patterns among Indian professionals. H-1B visa holders, who traditionally invested in U.S. real estate with the assurance of their children’s citizenship rights, now face uncertainty in their long-term planning. This uncertainty extends to hundreds of thousands of Indian immigrant families annually.

Business Investment Changes

Corporate strategies have undergone substantial transformation. Indian IT majors are essentially restructuring their operational approaches:

• Infosys has secured 8,140 visa approvals
• TCS follows with 5,274 approvals
• HCL America maintains 2,953 approvals

The sector has generally demonstrated resilience through strategic adaptation. Indian IT companies have invested INR 92.82 billion in STEM education and created over 600,000 jobs. Currently, companies like TCS emphasize domestic recruitment and STEM education initiatives to ensure operational stability. Overall, this transformation reflects a broader shift in how Indian businesses approach their U.S. operations, balancing workforce needs with evolving immigration policies.

Conclusion

Trump’s executive order marks a watershed moment in American immigration policy, challenging a 150-year-old constitutional right. This dramatic shift particularly affects the 4.8 million Indian-Americans, creating uncertainty for families on H-1B visas and those awaiting permanent residency.

Legal challenges from multiple states and civil rights organizations highlight the constitutional hurdles facing this executive order. The tech sector has already started adapting, with major Indian IT companies reducing their H-1B dependency and increasing local hiring. These changes ripple through the real estate market as immigrant families reassess their long-term plans.

Above all, this policy shift represents more than just a legal battle – it fundamentally alters the American immigration landscape that has shaped countless immigrant success stories. The Indian-American community, contributing significantly to the U.S. economy with a median household income nearly double the national average, faces tough choices ahead.

The coming months will prove crucial as federal courts examine the constitutionality of this executive order. Meanwhile, state-level variations in implementation create a complex environment for affected families. The ultimate resolution of this issue will shape not just the future of Indian immigration to America, but also the very definition of American citizenship itself.