Trump Order Against Birthright Citizenship: As soon as Donald Trump begins his second term as President of America, he has issued an order to change the law of granting American citizenship on the basis of birth. For this, he has also signed the executive order as the President. His order can have a huge impact on Indian people living in America, especially those who are in the process of getting H-1B visa or green card. But they have not received these important documents yet. The children of such Indians will now find it more difficult than before to obtain American citizenship despite being born in America. For this they will have to fulfill certain conditions.
This new executive order of President Trump will bring many new challenges for the Indian-American community. This change will not only affect the citizenship process for children, but will also impact family reunification and other aspects of immigration. Meanwhile, this order of Trump is also being challenged legally in America. Now it is up to the courts whether they allow this order to be implemented or declare it unconstitutional.
What is the law regarding citizenship by birth?
The 14th Amendment of the US Constitution gives the right to citizenship on the basis of birth. This means that anyone born on American soil gets citizenship, regardless of the citizenship of his parents. This law came into force in 1868 and its purpose was to give equal rights to former slaves and their families.
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Trump’s new executive order
On January 20, 2025, President Trump signed an executive order that eliminates the provision of automatic citizenship based on birth. According to this new order, children born in America will not get citizenship unless one of their parents is an American citizen, green card holder, or member of the US military. Trump argues that this step is necessary to stop illegal immigrants and “birth tourism”.
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What will be the impact on the Indian community?
The Indian community in the US is growing rapidly, and many of the more than 48 lakh Indian-American families living there have taken advantage of this citizenship policy. This benefit may be lost due to the new rules. Until now, children of Indian parents who were in the process of obtaining an H-1B visa or green card became US citizens. But after this change, such children will have to go through a complicated process to acquire citizenship. This change can be challenging for families who depend on American citizenship for the future of their children.
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Impact on people waiting for green card
Many people of the Indian community have been stuck for years in the process of getting a green card. Due to the abolition of the right to citizenship by birth, their children may also have to face difficulties in getting citizenship legally. This problem can be especially serious for those families who are on temporary visas.
Family re-union will also be affected
In America’s immigration system, priority is given to family reunification, i.e. coming with family. Under current law, children who become US citizens can invite their parents to America after the age of 21. This right will end when the new order comes into force, which could create major obstacles for families to come together.
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What does “birth tourism” mean?
The Trump administration says its order is aimed at curbing “birth tourism,” where foreign women come to the United States specifically to give birth. However, this rule will also affect those Indian families who do not misuse this policy and want to get US citizenship for a better future for their children.
Legal challenge to the new order
Many civil rights groups of America are legally challenging President Trump’s executive order making changes to the citizenship law. He says that the 14th Amendment of the US Constitution cannot be changed merely through executive order. Therefore, Trump’s order will be challenged in court. After this, the court will decide whether this order of Trump is valid from the point of view of the US Constitution or not. But at present, due to this order of Trump, uneasiness has increased in the Indian community.
